SF 1871

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/20/2022 09:05am

A bill for an act
relating to health; prohibiting conversion therapy with children or vulnerable adults;
prohibiting medical assistance coverage for conversion therapy; prohibiting the
misrepresentation of conversion therapy services or products; amending Minnesota
Statutes 2020, sections 256B.0625, by adding a subdivision; 325F.69, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 214.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [214.078] PROTECTION FROM CONVERSION THERAPY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Conversion therapy" means any practice by a mental health
practitioner or mental health professional as defined in sections 245.462, subdivision 17,
and 245.4871, subdivision 27, that seeks to change an individual's sexual orientation or
gender identity, including efforts to change behaviors or gender expressions or to eliminate
or reduce sexual or romantic attractions or feelings toward individuals of the same gender.
Conversion therapy does not include counseling that provides assistance to an individual
undergoing gender transition, or counseling that provides acceptance, support, and
understanding of an individual or facilitates an individual's coping, social support, and
identity exploration and development, including sexual-orientation-neutral interventions to
prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling
does not seek to change an individual's sexual orientation or gender identity.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) No mental health practitioner or mental health professional
shall engage in conversion therapy with a client younger than 18 years of age or with a
vulnerable adult as defined in section 626.5572, subdivision 21.
new text end

new text begin (b) Conversion therapy attempted by a mental health practitioner or mental health
professional with a client younger than 18 years of age or with a vulnerable adult shall be
considered unprofessional conduct that may subject the mental health practitioner or mental
health professional to disciplinary action by the licensing board of the mental health
practitioner or mental health professional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 5n. new text end

new text begin Conversion therapy. new text end

new text begin Conversion therapy, as defined in section 214.078, is
not covered.
new text end

Sec. 3.

Minnesota Statutes 2020, section 325F.69, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Advertisement and sales; misrepresentation of conversion therapy. new text end

new text begin (a) For
purposes of this subdivision, "conversion therapy" means services or products that are
intended to change an individual's sexual orientation or gender identity, including efforts
to change behaviors and gender expressions or to eliminate or reduce sexual or romantic
attractions or feelings toward individuals of the same gender.
new text end

new text begin (b) No person or entity shall, while conducting any trade or commerce, use or employ
any fraud, false pretense, false promise, false guarantee, misrepresentation, false or
misleading statements, or deceptive practice by advertising or otherwise offering conversion
therapy services that could reasonably be interpreted or inferred as representing
homosexuality as a mental disease, disorder, or illness, or guaranteeing to change an
individual's sexual orientation or gender identity.
new text end