SF 4061

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 09:17am

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; authorizing
rulemaking; amending Minnesota Statutes 2018, 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 (a) "Conversion therapy" is a practice by a mental health
practitioner or mental health professional as defined in section 245.462 that seeks to change
an individual's sexual orientation or gender identity. The commissioner of health shall
convene a working group to develop a detailed, uniform definition of conversion therapy.
The working group shall consist of one board member from each of the following boards:
new text end

new text begin (1) Board of Medical Practice;
new text end

new text begin (2) Board of Psychology;
new text end

new text begin (3) Board of Nursing;
new text end

new text begin (4) Board of Social Work Practice;
new text end

new text begin (5) Board of Behavioral Health and Therapy; and
new text end

new text begin (6) Board of Marriage and Family Therapy.
new text end

new text begin The working group members shall be appointed by the executive director of each of the
listed boards by September 1, 2020.
new text end

new text begin (b) The working group is subject to the Minnesota Open Meeting Law under chapter
13D.
new text end

new text begin (c) The definition of conversion therapy developed by the working group must be
objective, nonjudgmental, and must be based on peer-reviewed scientific research that relies
on empirical data.
new text end

new text begin (d) By January 15, 2021, each board listed in paragraph (a) shall adopt the definition of
conversion therapy developed by the working group as exempt rules under section 14.386.
Section 14.386, paragraph (b), does not apply to rules adopted under this section.
new text end

new text begin (e) Each board listed in paragraph (a) shall inform its licensees of the adopted definition
of conversion therapy in a timely manner.
new text end

new text begin (f) The commissioner of health shall submit a report on the definition developed by the
working group and any additional recommendations to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy by February 15, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) No health care 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 health care professional with a client younger
than 18 years of age or with a vulnerable adult shall be considered unprofessional conduct
and the health care professional may be subject to disciplinary action by the licensing board
of the health care professional.
new text end

new text begin (c) For purposes of this section, "health care professional" means a mental health
practitioner or mental health professional as defined under section 245.462.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective the day following final enactment.
Subdivision 2 is effective January 15, 2021.
new text end

Sec. 2.

Minnesota Statutes 2018, 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 under section 214.078,
is not covered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 15, 2021.
new text end

Sec. 3.

Minnesota Statutes 2018, 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 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 when advertising or otherwise offering conversion therapy
services, as defined under section 214.078.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 15, 2021.
new text end