Text of CO HB 1129 (2019)

First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO. 19-0072.01 Kristen Forrestal x4217 HOUSE BILL 19-1129 House Committees Senate Committees Public Health Care & Human Services A BILL FOR AN ACT CONCERNING PROHIBITING A MENTAL HEALTH CARE PROVIDER FROM 101 ENGAGING IN CONVERSION THERAPY WITH A PATIENT UNDER 102 EIGHTEEN YEARS OF AGE. 103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill prohibits a licensed physician specializing in psychiatry or a licensed, certified, or registered mental health care provider from engaging in conversion therapy with a patient under 18 years of age. A licensee who engages in these practices is subject to disciplinary action by the appropriate licensing board. The bill also makes the advertising or HOUSE SPONSORSHIP Michaelson Jenet and Esgar, Duran, Herod, Valdez A., Galindo, Jaquez Lewis, Titone SENATE SPONSORSHIP Fenberg, Moreno, Ginal Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. practice of conversion therapy by a physician or mental health care provider a deceptive trade practice under the "Colorado Consumer Protection Act". "Conversion therapy" means efforts to change an individual's sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, 12-36-102.5, amend 2 the introductory portion; and add (5.5) as follows: 3 12-36-102.5. Definitions. As used in this article ARTICLE 36, 4 unless the context otherwise requires: 5 (5.5) (a) "CONVERSION THERAPY" MEANS ANY PRACTICE OR 6 TREATMENT BY A LICENSED PHYSICIAN SPECIALIZING IN THE PRACTICE OF 7 PSYCHIATRY THAT ATTEMPTS OR PURPORTS TO CHANGE AN INDIVIDUAL'S 8 SEXUAL ORIENTATION OR GENDER IDENTITY, INCLUDING EFFORTS TO 9 CHANGE BEHAVIORS OR GENDER EXPRESSIONS OR TO ELIMINATE OR 10 REDUCE SEXUAL OR ROMANTIC ATTRACTION OR FEELINGS TOWARD 11 INDIVIDUALS OF THE SAME SEX. 12 (b) "CONVERSION THERAPY" DOES NOT INCLUDE PRACTICES OR 13 TREATMENTS THAT PROVIDE: 14 (I) ACCEPTANCE, SUPPORT, AND UNDERSTANDING FOR THE 15 FACILITATION OF AN INDIVIDUAL'S COPING, SOCIAL SUPPORT, AND 16 IDENTITY EXPLORATION AND DEVELOPMENT, INCLUDING SEXUAL 17 ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS 18 UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES, AS LONG AS THE 19 COUNSELING DOES NOT SEEK TO CHANGE SEXUAL ORIENTATION OR 20 GENDER IDENTITY; OR 21 (II) ASSISTANCE TO A PERSON UNDERGOING GENDER TRANSITION. 22 HB19-1129 -2- SECTION 2. In Colorado Revised Statutes, 12-36-117, add 1 (1)(nn) as follows: 2 12-36-117. Unprofessional conduct. (1) "Unprofessional 3 conduct" as used in this article 36 means: 4 (nn) ENGAGING IN CONVERSION THERAPY WITH A PATIENT WHO IS 5 UNDER EIGHTEEN YEARS OF AGE. 6 SECTION 3. In Colorado Revised Statutes, 12-43-201, amend 7 (1.5); and add (1.4) as follows: 8 12-43-201. Definitions. As used in this article 43, unless the 9 context otherwise requires: 10 (1.4) "CERTIFIED ADDICTION COUNSELOR" MEANS A PERSON WHO 11 IS AN ADDICTION COUNSELOR CERTIFIED PURSUANT TO THIS ARTICLE 43. 12 (1.5) (a) "Certified addiction counselor" means a person who is an 13 addiction counselor certified pursuant to this article "CONVERSION 14 THERAPY" MEANS ANY PRACTICE OR TREATMENT BY A LICENSEE, 15 REGISTRANT, OR CERTIFICATE HOLDER THAT ATTEMPTS OR PURPORTS TO 16 CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION OR GENDER IDENTITY, 17 INCLUDING EFFORTS TO CHANGE BEHAVIORS OR GENDER EXPRESSIONS OR 18 TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTION OR 19 FEELINGS TOWARD INDIVIDUALS OF THE SAME SEX. 20 (b) "CONVERSATION THERAPY" DOES NOT INCLUDE PRACTICES OR 21 TREATMENTS THAT PROVIDE: 22 (I) ACCEPTANCE, SUPPORT, AND UNDERSTANDING FOR THE 23 FACILITATION OF AN INDIVIDUAL'S COPING, SOCIAL SUPPORT, AND 24 IDENTITY EXPLORATION AND DEVELOPMENT, INCLUDING SEXUAL 25 ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS 26 UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES, AS LONG AS THE 27 HB19-1129 -3- COUNSELING DOES NOT SEEK TO CHANGE SEXUAL ORIENTATION OR 1 GENDER IDENTITY; OR 2 (II) ASSISTANCE TO A PERSON UNDERGOING GENDER TRANSITION. 3 SECTION 4. In Colorado Revised Statutes, 12-43-222, amend 4 (1) introductory portion; and add (1)(t)(V) as follows: 5 12-43-222. Prohibited activities - related provisions. (1) A 6 person licensed, registered, or certified under this article 43 violates this 7 article 43 if he or she THE PERSON: 8 (t) Has engaged in any of the following activities and practices: 9 (V) CONVERSION THERAPY WITH A CLIENT WHO IS UNDER 10 EIGHTEEN YEARS OF AGE. 11 SECTION 5. In Colorado Revised Statutes, 6-1-105, add 12 (1)(kkk) as follows: 13 6-1-105. Deceptive trade practices. (1) A person engages in a 14 deceptive trade practice when, in the course of the person's business, 15 vocation, or occupation, the person: 16 (kkk) ADVERTISES FOR THE PROVISION OF, OR FOR MONETARY 17 COMPENSATION ENGAGES IN, CONVERSION THERAPY AS DEFINED IN 18 SECTIONS 12-36-102.5 (5.5) AND 12-43-201 (1.5). 19 SECTION 6. Act subject to petition - effective date. This act 20 takes effect at 12:01 a.m. on the day following the expiration of the 21 ninety-day period after final adjournment of the general assembly (August 22 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a 23 referendum petition is filed pursuant to section 1 (3) of article V of the 24 state constitution against this act or an item, section, or part of this act 25 within such period, then the act, item, section, or part will not take effect 26 unless approved by the people at the general election to be held in 27 HB19-1129 -4- November 2020 and, in such case, will take effect on the date of the 1 official declaration of the vote thereon by the governor. 2 HB19-1129 -5-

HOUSE BILL 19-1129 BY REPRESENTATIVE(S) Michaelson Jenet and Esgar, Duran, Herod, Valdez A., Galindo, Jaquez Lewis, Titone, Arndt, Benavidez, Bird, Buckner, Buentello, Caraveo, Coleman, Cutter, Froelich, Gonzales-Gutierrez, Gray, Hansen, Hooton, Jackson, Kennedy, Kipp, Kraft-Tharp, Lontine, McCluskie, McLachlan, Melton, Mullica, Roberts, Singer, Sirota, Snyder, Sullivan, Tipper, Weissman, Becker, Garnett, Valdez D.; also SENATOR(S) Fenberg, Moreno, Ginal, Bridges, Court, Danielson, Donovan, Fields, Foote, Gonzales, Pettersen, Rodriguez, Story, Winter, Zenzinger. CONCERNING PROHIBITING A MENTAL HEALTH CARE PROVIDER FROM ENGAGING IN CONVERSION THERAPY WITH A PATIENT UNDER EIGHTEEN YEARS OF AGE. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-36-102.5, amend the introductory portion; and add (5.5) as follows: 12-36-102.5. Definitions. As used in this article ARTICLE 36, unless the context otherwise requires: NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. (5.5) (a) "CONVERSION THERAPY" MEANS ANY PRACTICE OR TREATMENT BY A LICENSED PHYSICIAN SPECIALIZING IN THE PRACTICE OF PSYCHIATRY THAT ATTEMPTS OR PURPORTS 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 ATTRACTION OR FEELINGS TOWARD INDIVIDUALS OF THE SAME SEX. (b) "CONVERSION THERAPY" DOES NOT INCLUDE PRACTICES OR TREATMENTS THAT PROVIDE: (I) ACCEPTANCE, SUPPORT, AND UNDERSTANDING FOR THE FACILITATION OF AN INDIVIDUAL'S COPING, SOCIAL SUPPORT, AND IDENTITY E XP LO R A T IO N A N D D E V E LOP M E NT, INCLUD IN G S E X U A L ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES, AS LONG AS THE COUNSELING DOES NOT SEEK TO CHANGE SEXUAL ORIENTATION OR GENDER IDENTITY; OR (II) ASSISTANCE TO A PERSON UNDERGOING GENDER TRANSITION. SECTION 2. In Colorado Revised Statutes, 12-36-117, add (1)(nn) as follows: 12-36-117. Unprofessional conduct. (1) "Unprofessional conduct" as used in this article 36 means: (nn) ENGAGING IN CONVERSION THERAPY WITH A PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE. SECTION 3. In Colorado Revised Statutes, 12-43-201, amend (1.5); and add (1.4) as follows: 12-43-201. Definitions. As used in this article 43, unless the context otherwise requires: (1.4) "CERTIFIED ADDICTION COUNSELOR" MEANS A PERSON WHO IS AN ADDICTION COUNSELOR CERTIFIED PURSUANT TO THIS ARTICLE 43. PAGE 2-HOUSE BILL 19-1129 (1.5) (a) "Certified addiction counselor" means a person who is an addiction counselor certified pursuant to this article "CONVERSION THERAPY" MEANS ANY PRACTICE OR TREATMENT BY A LICENSEE, REGISTRANT, OR CERTIFICATE HOLDER THAT ATTEMPTS OR PURPORTS 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 ATTRACTION OR FEELINGS TOWARD INDIVIDUALS OF THE SAME SEX. (b) "CONVERSION THERAPY" DOES NOT INCLUDE PRACTICES OR TREATMENTS THAT PROVIDE: (I) ACCEPTANCE, SUPPORT, AND UNDERSTANDING FOR THE FACILITATION OF AN INDIVIDUAL'S COPING, SOCIAL SUPPORT, AND IDENTITY E XP LO R A T IO N A N D D E V E LOP M E NT, INCLUD IN G S E X U A L ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES, AS LONG AS THE COUNSELING DOES NOT SEEK TO CHANGE SEXUAL ORIENTATION OR GENDER IDENTITY; OR (II) ASSISTANCE TO A PERSON UNDERGOING GENDER TRANSITION. SECTION 4. In Colorado Revised Statutes, 12-43-222, amend (1) introductory portion; and add (1)(t)(V) as follows: 12-43-222. Prohibited activities - related provisions. (1) A person licensed, registered, or certified under this article 43 violates this article 43 if he or she THE PERSON: (t) Has engaged in any of the following activities and practices: (V) CONVERSION THERAPY WITH A CLIENT WHO IS UNDER EIGHTEEN YEARS OF AGE. SECTION 5. In Colorado Revised Statutes, 12-240-104, add as relocated by House Bill 19-1172 (5.5) as follows: 12-240-104. Definitions. As used in this article 240, unless the context otherwise requires: PAGE 3-HOUSE BILL 19-1129 (5.5) (a) "CONVERSION THERAPY" MEANS ANY PRACTICE OR TREATMENT BY A LICENSED PHYSICIAN SPECIALIZING IN THE PRACTICE OF PSYCHIATRY THAT ATTEMPTS OR PURPORTS 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 ATTRACTION OR FEELINGS TOWARD INDIVIDUALS OF THE SAME SEX. (b) "CONVERSION THERAPY" DOES NOT INCLUDE PRACTICES OR TREATMENTS THAT PROVIDE: (I) ACCEPTANCE, SUPPORT, AND UNDERSTANDING FOR THE FACILITATION OF AN INDIVIDUAL'S COPING, SOCIAL SUPPORT, AND IDENTITY E XP LO R A T IO N A N D D E V E LOP M E NT, 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 SEXUAL ORIENTATION OR GENDER IDENTITY; OR (II) ASSISTANCE TO A PERSON UNDERGOING GENDER TRANSITION. SECTION 6. In Colorado Revised Statutes, 12-240-121, add as relocated by House Bill 19-1172 (1)(ee) as follows: 12-240-121. Unprofessional conduct - definitions. (1) "Unprofessional conduct" as used in this article 240 means: (ee) ENGAGING IN CONVERSION THERAPY WITH A PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE. SECTION 7. In Colorado Revised Statutes, 12-245-202, add as relocated by House Bill 19-1172 (3.5) as follows: 12-245-202. Definitions. As used in this article 245, unless the context otherwise requires: (3.5) (a) "CONVERSION THERAPY" MEANS ANY PRACTICE OR TREATMENT BY A LICENSEE, REGISTRANT, OR CERTIFICATE HOLDER THAT ATTEMPTS OR PURPORTS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION OR GENDER IDENTITY, INCLUDING EFFORTS TO CHANGE BEHAVIORS OR PAGE 4-HOUSE BILL 19-1129 GENDER EXPRESSIONS OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTION OR FEELINGS TOWARD INDIVIDUALS OF THE SAME SEX. (b) "CONVERSION THERAPY" DOES NOT INCLUDE PRACTICES OR TREATMENTS THAT PROVIDE: (I) ACCEPTANCE, SUPPORT, AND UNDERSTANDING FOR THE FACILITATION OF AN INDIVIDUAL'S COPING, SOCIAL SUPPORT, AND IDENTITY E XP LO R A T IO N A N D D E V E LOP M E NT, INCLU D IN G S E X U A L ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES, AS LONG AS THE COUNSELING DOES NOT SEEK TO CHANGE SEXUAL ORIENTATION OR GENDER IDENTITY; OR (II) ASSISTANCE TO A PERSON UNDERGOING GENDER TRANSITION. SECTION 8. In Colorado Revised Statutes, 12-245-224, add as relocated by House Bill 19-1172 (1)(t)(V) as follows: 12-245-224. Prohibited activities - related provisions. (1) A person licensed, registered, or certified under this article 245 violates this article 245 if the person: (t) Has engaged in any of the following activities and practices: (V) CONVERSION THERAPY WITH A CLIENT WHO IS UNDER EIGHTEEN YEARS OF AGE. SECTION 9. Act subject to petition - effective date. (1) Except as otherwise provided in subsection (2) of this section, this act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. PAGE 5-HOUSE BILL 19-1129 (2) Sections 5, 6, 7, and 8 of this act take effect only if House Bill 19-1172 becomes law, in which case sections 5, 6, 7, and 8 take effect October 1, 2019. ____________________________ ____________________________ KC Becker Leroy M. Garcia SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 6-HOUSE BILL 19-1129