Text of CO HB 1322 (2026)

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 26-0691.01 Chelsea Princell x4335 HOUSE BILL 26-1322 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING CIVIL ACTIONS AGAINST CERTAIN INDIVIDUALS 101 ENGAGING IN CONVERSION THERAPY EFFORTS. 102 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 establishes a cause of action for claims of injury caused by sexual orientation or gender identity change efforts (efforts) against a mental health professional and allows the cause of action to be commenced at any time without limitation. The bill applies to a cause of action brought against a licensed mental health professional who conducted the efforts; an individual or HOUSE SPONSORSHIP Valdez and McCormick, SENATE SPONSORSHIP Cutter and Mullica, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. entity that hired, supervised, or otherwise exercised authority over the mental health professional; and a person who negligently hired, supervised, or retained a licensed mental health professional to engage in the efforts. The bill permits the injured individual, or the individual's personal representative or estate if the individual is deceased, to be awarded economic, noneconomic, and exemplary damages and sets forth the manner in which causation may be established to show a connection between the efforts the individual underwent and the harm the individual suffers. The bill states what an expert witness may address in the expert's testimony regarding the efforts the individual underwent and the harm the individual suffered. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Legislative declaration. (1) The general assembly 2 finds and declares that: 3 (a) The American Psychological Association, the American 4 Psychiatric Association, the American Academy of Pediatrics, the 5 American Medical Association, the American Counseling Association, 6 the American Academy of Child and Adolescent Psychiatry, the 7 American School Counselor Association, the National Association of 8 Social Workers, and other mental health and medical organizations in the 9 United States have determined that efforts to change an individual's 10 sexual orientation or gender identity are harmful and ineffective; 11 (b) In 2009, the American Psychological Association Task Force 12 on Appropriate Therapeutic Responses to Sexual Orientation conducted 13 a systematic review of peer-reviewed research and concluded that sexual 14 orientation change efforts are unlikely to be successful and involve risk 15 of harm, including depression, suicidality, and anxiety; 16 (c) In 2021, the American Psychological Association adopted a 17 resolution calling for the elimination of sexual orientation and gender 18 HB26-1322 -2- identity change efforts, concluding that sexual orientation and gender 1 identity change efforts are harmful and ineffective in changing a person's 2 sexual orientation or gender identity; 3 (d) The scientific and clinical consensus establishes that sexual 4 orientation or gender identity change efforts pose serious risks of harm to 5 patients, including depression, guilt, helplessness, hopelessness, shame, 6 social withdrawal, suicidality, substance abuse, stress, self-blame, 7 decreased self-esteem, feelings of anger and betrayal, loss of religious 8 faith, alienation from family, problems in sexual and emotional intimacy, 9 sexual dysfunction, high-risk sexual behaviors, feelings of being 10 dehumanized, and a sense of having wasted time and resources; 11 (e) The psychological harm caused by sexual orientation or gender 12 identity change efforts often do not manifest until years or decades after 13 the efforts occurred. Survivors frequently fail to recognize such treatment 14 as harmful and fail to connect their psychological injuries to the treatment 15 until much later in life or are deterred from coming forward by shame 16 instilled by the treatment itself. 17 (f) The dynamics of the therapeutic relationship, including the 18 trust placed on mental health professionals, the age and vulnerability of 19 patients, the authority exercised by professionals, and the shame and 20 internalized stigma resulting from such treatment, create barriers to timely 21 disclosure and recognition of harm similar to those recognized by this 22 state in the context of childhood sexual abuse; 23 (g) The existing statute of limitations for professional negligence 24 does not adequately account for the delayed recognition of psychological 25 injury that is characteristic of harm caused by sexual orientation or gender 26 identity change efforts; 27 HB26-1322 -3- (h) The psychological harms described in this declaration result 1 from efforts to direct a patient toward a predetermined outcome regarding 2 the patient's sexual orientation or gender identity, regardless of the nature 3 of that predetermined outcome; 4 (i) In cases involving latent injuries where there is scientific 5 consensus regarding harmfulness, Colorado courts should allow plaintiffs 6 to establish causation by demonstrating that exposure to the harmful 7 conduct was, in reasonable medical probability, a substantial factor 8 contributing to the risk of developing the injury or illness, without 9 requiring proof of the precise mechanism by which the harm occurred. 10 This causation framework is appropriate for claims arising from sexual 11 orientation or gender identity change efforts, given the scientific 12 consensus regarding the harmfulness of such efforts and the latent nature 13 of the resulting psychological injuries. 14 (j) The general assembly has previously recognized, in enacting 15 Senate Bill 21-073, that survivors of sexual misconduct frequently do not 16 recognize or connect their psychological injuries to the underlying 17 conduct until well into adulthood and that an extended limitations period 18 is appropriate to account for this delayed recognition. The same 19 considerations apply to survivors of sexual orientation or gender identity 20 change efforts. 21 (k) It is the intent of the general assembly to provide individuals 22 who suffer harm as a result of sexual orientation or gender identity 23 change efforts with adequate time to seek civil remedies for the harms 24 they have suffered. 25 SECTION 2. In Colorado Revised Statutes, add 13-20-1302 as 26 follows: 27 HB26-1322 -4- 13-20-1302. Actions based on sexual orientation or gender 1 identity change efforts - limitation - causation - damages - legislative 2 intent - definitions. 3 (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE 4 REQUIRES: 5 (a) "LICENSED MENTAL HEALTH PROFESSIONAL" MEANS A MENTAL 6 HEALTH PROVIDER WHO HOLDS OR HELD A VALID LICENSE, CERTIFICATION, 7 OR REGISTRATION ISSUED PURSUANT TO ARTICLE 245 OF TITLE 12 AT THE 8 TIME THE SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS 9 OCCURRED. 10 (b) (I) "SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE 11 EFFORTS" MEANS ANY PRACTICE BY A LICENSED MENTAL HEALTH 12 PROFESSIONAL THAT SEEKS TO DIRECT A PATIENT TOWARD A 13 PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME, 14 INCLUDING EFFORTS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION 15 OR GENDER IDENTITY, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC 16 ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF A PARTICULAR SEX 17 OR GENDER, REGARDLESS OF THE SEXUAL ORIENTATION OR GENDER 18 IDENTITY THE PATIENT IS DIRECTED TOWARD. 19 (II) "SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE 20 EFFORTS" DOES NOT INCLUDE: 21 (A) COUNSELING OR THERAPY THAT PROVIDES ASSISTANCE TO A 22 PATIENT UNDERGOING GENDER TRANSITION; 23 (B) COUNSELING OR THERAPY THAT PROVIDES ACCEPTANCE, 24 SUPPORT, AND UNDERSTANDING OF A PATIENT OR FACILITATES A PATIENT'S 25 COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND 26 DEVELOPMENT, WITHOUT SEEKING TO DIRECT THE PATIENT TOWARD A 27 HB26-1322 -5- PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME; 1 (C) COUNSELING OR THERAPY THAT IS NEUTRAL WITH RESPECT TO 2 SEXUAL ORIENTATION AND GENDER IDENTITY AND THAT DOES NOT SEEK 3 TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION 4 OR GENDER IDENTITY OUTCOME; OR 5 (D) COUNSELING OR THERAPY RELATED TO A PATIENT'S SEXUAL 6 BEHAVIORS, PRACTICES, OR RELATIONSHIPS, PROVIDED THAT THE 7 COUNSELING OR THERAPY DOES NOT SEEK TO DIRECT THE PATIENT 8 TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY. 9 (2) (a) A PERSON WHO SUFFERED AN INJURY AS A RESULT OF 10 SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS MAY BRING 11 A CIVIL ACTION FOR DAMAGES AGAINST A PERSON DESCRIBED IN 12 SUBSECTION (3) OF THIS SECTION. 13 (b) NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS 14 SPECIFIED IN ARTICLE 80 OF THIS TITLE 13 OR ANY OTHER PROVISION OF 15 LAW THAT CAN BE CONSTRUED TO LIMIT THE TIME PERIOD TO COMMENCE 16 AN ACTION DESCRIBED IN THIS SECTION, A CIVIL ACTION TO RECOVER 17 DAMAGES FOR THE PROVISION OF SEXUAL ORIENTATION OR GENDER 18 IDENTITY CHANGE EFFORTS MAY BE COMMENCED AT ANY TIME WITHOUT 19 LIMITATION. 20 (3) THIS SECTION APPLIES TO ACTIONS BROUGHT AGAINST THE 21 FOLLOWING: 22 (a) A LICENSED MENTAL HEALTH PROFESSIONAL WHO ENGAGES IN 23 SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS; 24 (b) A PERSON WHO EMPLOYED, SUPERVISED, OR OTHERWISE 25 EXERCISED AUTHORITY OVER THE LICENSED MENTAL HEALTH 26 PROFESSIONAL AND THE PERSON OR ENTITY: 27 HB26-1322 -6- (I) KNEW OR HAD REASON TO KNOW THAT THE LICENSED MENTAL 1 HEALTH PROFESSIONAL ENGAGED IN OR WAS LIKELY TO ENGAGE IN SEXUAL 2 ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS; AND 3 (II) FAILED TO TAKE REASONABLE STEPS TO PREVENT OR STOP THE 4 LICENSED MENTAL HEALTH PROFESSIONAL FROM ENGAGING IN SEXUAL 5 ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS; OR 6 (c) A PERSON WHO NEGLIGENTLY HIRED, SUPERVISED, OR 7 RETAINED A LICENSED MENTAL HEALTH PROFESSIONAL WHO ENGAGED IN 8 OR WAS LIKELY TO ENGAGE IN SEXUAL ORIENTATION OR GENDER IDENTITY 9 CHANGE EFFORTS. 10 (4) IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE 11 PLAINTIFF MAY RECOVER DAMAGES THAT INCLUDE: 12 (a) ECONOMIC DAMAGES; 13 (b) NONECONOMIC DAMAGES; 14 (c) EXEMPLARY DAMAGES IF THE CONDUCT OF THE DEFENDANT 15 WAS WILLFUL OR WANTON, AS PROVIDED IN SECTION 13-21-102; AND 16 (d) ANY OTHER DAMAGES DEEMED APPROPRIATE BY THE COURT. 17 (5) (a) IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, 18 CAUSATION MAY BE ESTABLISHED AS FOLLOWS: 19 (I) GENERAL CAUSATION MAY BE ESTABLISHED BY EXPERT 20 TESTIMONY, SCIENTIFIC LITERATURE, OR OTHER EVIDENCE 21 DEMONSTRATING THAT SEXUAL ORIENTATION OR GENDER IDENTITY 22 CHANGE EFFORTS ARE CAPABLE OF CAUSING THE TYPE OF PSYCHOLOGICAL 23 INJURY OR ILLNESS THE PLAINTIFF SUFFERS; AND 24 (II) ONCE GENERAL CAUSATION IS ESTABLISHED, THE TRIER OF 25 FACT MAY INFER SPECIFIC CAUSATION FROM EVIDENCE THAT THE 26 PLAINTIFF WAS SUBJECTED TO SEXUAL ORIENTATION OR GENDER IDENTITY 27 HB26-1322 -7- CHANGE EFFORTS AND SUBSEQUENTLY EXPERIENCED THE TYPE OF 1 PSYCHOLOGICAL INJURY OR ILLNESS THAT SEXUAL ORIENTATION OR 2 GENDER IDENTITY CHANGE EFFORTS ARE CAPABLE OF CAUSING, UNLESS 3 THE DEFENDANT ESTABLISHES, BY A PREPONDERANCE OF THE EVIDENCE, 4 THAT THE PLAINTIFF'S PSYCHOLOGICAL INJURY OR ILLNESS WAS CAUSED 5 SOLELY BY OTHER FACTORS UNRELATED TO THE SEXUAL ORIENTATION OR 6 GENDER IDENTITY CHANGE EFFORTS. 7 (b) IN DETERMINING WHETHER SEXUAL ORIENTATION OR GENDER 8 IDENTITY CHANGE EFFORTS ARE A SUBSTANTIAL FACTOR IN CAUSING THE 9 PLAINTIFF'S INJURY, THE TRIER OF FACT MAY CONSIDER THE NATURE, 10 DURATION, AND INTENSITY OF THE SEXUAL ORIENTATION OR GENDER 11 IDENTITY CHANGE EFFORTS, THE AGE AND VULNERABILITY OF THE 12 PLAINTIFF AT THE TIME THE SEXUAL ORIENTATION OR GENDER IDENTITY 13 CHANGE EFFORTS TOOK PLACE, THE RELATIONSHIP BETWEEN THE 14 PLAINTIFF AND THE MENTAL HEALTH PROFESSIONAL, THE TEMPORAL 15 RELATIONSHIP BETWEEN THE SEXUAL ORIENTATION OR GENDER IDENTITY 16 CHANGE EFFORTS AND THE ONSET OR EXACERBATION OF SYMPTOMS, AND 17 ANY OTHER RELEVANT FACTORS. 18 (6) (a) IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, 19 EXPERT TESTIMONY REGARDING THE GENERAL PSYCHOLOGICAL EFFECTS 20 OF SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS IS 21 ADMISSIBLE TO ESTABLISH THE TYPES OF HARM SEXUAL ORIENTATION OR 22 GENDER IDENTITY CHANGE EFFORTS ARE KNOWN TO CAUSE. EXPERT 23 TESTIMONY MAY ADDRESS: 24 (I) THE SCIENTIFIC AND CLINICAL CONSENSUS REGARDING THE 25 HARMFULNESS OF SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE 26 EFFORTS; 27 HB26-1322 -8- (II) THE TYPES OF PSYCHOLOGICAL INJURIES COMMONLY CAUSED 1 BY SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS; 2 (III) THE TYPICAL LATENCY PERIOD BETWEEN SEXUAL 3 ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS AND THE 4 MANIFESTATION OR RECOGNITION OF PSYCHOLOGICAL HARM; AND 5 (IV) WHETHER INDIVIDUALS WHO UNDERGO SEXUAL ORIENTATION 6 OR GENDER IDENTITY CHANGE EFFORTS EXPERIENCE DELAYED 7 RECOGNITION OF HARM, INCLUDING SHAME AND THE DYNAMICS OF THE 8 THERAPEUTIC RELATIONSHIP. 9 (b) THIS SUBSECTION (6) DOES NOT LIMIT THE ADMISSIBILITY OF 10 OTHER RELEVANT EXPERT TESTIMONY ON CAUSATION OR DAMAGES. 11 (7) (a) THE CAUSE OF ACTION DESCRIBED IN THIS SECTION 12 SURVIVES THE DEATH OF THE PERSON WHO UNDERWENT SEXUAL 13 ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS AND MAY BE 14 BROUGHT OR MAINTAINED BY THE PERSON'S PERSONAL REPRESENTATIVE 15 OR ESTATE. THE PERSON'S DEATH MAY CONSTITUTE AN INJURY FOR THE 16 PURPOSES OF THIS SECTION. 17 (b) NOTWITHSTANDING THE STATUTE OF LIMITATIONS DESCRIBED 18 IN SECTION 13-80-112, AN ACTION BROUGHT AS A SURVIVAL ACTION 19 PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION MUST BE BROUGHT 20 WITHIN FIVE YEARS AFTER THE PERSON'S DEATH. 21 (c) NOTWITHSTANDING THE LIMITATION ON DAMAGES IN SECTION 22 13-20-101 (1), THE PERSON'S PERSONAL REPRESENTATIVE OR ESTATE MAY 23 RECOVER ALL DAMAGES AVAILABLE PURSUANT TO SUBSECTION (4) OF THIS 24 SECTION IN AN ACTION BROUGHT OR MAINTAINED PURSUANT TO THIS 25 SUBSECTION (7). 26 (8) THIS SECTION DOES NOT LIMIT OR RESTRICT ANY OTHER CAUSE 27 HB26-1322 -9- OF ACTION OR REMEDY AVAILABLE TO A PERSON INJURED BY SEXUAL 1 ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS. 2 (9) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS 3 SECTION BE INTERPRETED BROADLY TO EFFECTUATE ITS REMEDIAL 4 PURPOSE OF PROVIDING CIVIL REMEDIES TO PERSONS HARMED BY SEXUAL 5 ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS. 6 (10) THIS SECTION APPLIES TO CAUSES OF ACTION ACCRUING ON OR 7 AFTER JULY 1, 2026, AND TO CAUSES OF ACTION ACCRUING BEFORE JULY 8 1, 2026, IF THE APPLICABLE STATUTE OF LIMITATIONS, AS IT EXISTED PRIOR 9 TO JULY 1, 2026, HAS NOT YET RUN ON JULY 1, 2026. 10 SECTION 3. Effective date - applicability. This act takes effect 11 July 1, 2026, and applies to a cause of action filed on or after said date. 12 SECTION 4. Safety clause. The general assembly finds, 13 determines, and declares that this act is necessary for the immediate 14 preservation of the public peace, health, or safety or for appropriations for 15 the support and maintenance of the departments of the state and state 16 institutions. 17 HB26-1322 -10-

HOUSE BILL 26-1322 BY REPRESENTATIVE(S) Valdez and McCormick, Bacon, Boesenecker, Brown, Camacho, Carter, Clifford, Duran, Froelich, Garcia, Gilchrist, Goldstein, Hamrick, Joseph, Lieder, Lindsay, Mabrey, Martinez, Mauro, Nguyen, Paschal, Rutinel, Rydin, Sirota, Smith, Stewart K., Stewart R., Story, Titone, Velasco, Willford, Woodrow, Zokaie, McCluskie; also SENATOR(S) Cutter and Mullica, Amabile, Ball, Benavidez, Bridges, Danielson, Daugherty, Exum, Gonzales J., Hinrichsen, Kipp, Kolker, Lindstedt, Roberts, Snyder, Sullivan, Wallace, Weissman, Coleman. CONCERNING CIVIL ACTIONS AGAINST CERTAIN INDIVIDUALS ENGAGING IN CONVERSION THERAPY EFFORTS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (I) The general assembly finds and declares that: (a) The American Psychological Association, the American Psychiatric Association, the American Academy of Pediatrics, the American Medical Association, the American Counseling Association, the American Academy of Child and Adolescent Psychiatry, the American School Counselor Association, the National Association of Social Workers, and 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. other mental health and medical organizations in the United States have determined that efforts to change an individual's sexual orientation or gender identity are harmful and ineffective; (b) In 2009, the American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation conducted a systematic review of peer-reviewed research and concluded that sexual orientation change efforts are unlikely to be successful and involve risk of harm, including depression, suicidality, and anxiety; ( c) In 2021, the American Psychological Association adopted a resolution calling for the elimination of sexual orientation and gender identity change efforts, concluding that sexual orientation and gender identity change efforts are harmful and ineffective in changing a person's sexual orientation or gender identity; ( d) The scientific and clinical consensus establishes that sexual orientation or gender identity change efforts pose serious risks of harm to patients, including depression, guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, self-blame, decreased self-esteem, feelings of anger and betrayal, loss ofreligious faith, alienation from family, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, feelings ofbeing dehumanized, and a sense of having wasted time and resources; ( e) The psychological harm caused by sexual orientation or gender identity change efforts often do not manifest until years or decades after the efforts occurred. Survivors frequently fail to recognize such treatment as harmful and fail to connect their psychological injuries to the treatment until much later in life or are deterred from coming forward by shame instilled by the treatment itself. (t) The dynamics of the therapeutic relationship, including the trust placed on mental health professionals, the age and vulnerability of patients, the authority exercised by professionals, and the shame and internalized stigma resulting from such treatment, create barriers to timely disclosure and recognition of harm similar to those recognized by this state in the context of childhood sexual abuse; (g) The existing statute of limitations for professional negligence PAGE 2-HOUSE BILL 26-1322 does not adequately account for the delayed recognition of psychological injury that is characteristic of harm caused by sexual orientation or gender identity change efforts; (h) The psychological harms described in this declaration result from efforts to direct a patient toward a predetermined outcome regarding the patient's sexual orientation or gender identity, regardless of the nature of that predetermined outcome; (i) The general assembly has previously recognized, in enacting Senate Bill 21-073, that survivors of sexual misconduct frequently do not recognize or connect their psychological injuries to the underlying conduct until well into adulthood and that an extended limitations period is appropriate to account for this delayed recognition. The same considerations apply to survivors of sexual orientation or gender identity change efforts. U) It is the intent of the general assembly to provide individuals who suffer harm as a result of sexual orientation or gender identity change efforts with adequate time to seek civil remedies for the harms they have suffered. SECTION 2. In Colorado Revised Statutes, add 13-20-1302 as follows: 13-20-1302. Actions based on sexual orientation or gender identity change efforts - limitation - damages - legislative intent - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "LICENSED MENTAL HEALTH PROFESSIONAL" MEANS A MENTAL HEALTH PROVIDER WHO HOLDS OR HELD A VALID LICENSE, CERTIFICATION, OR REGISTRATION ISSUED PURSUANT TO ARTICLE 245 OF TITLE 12 AT THE TIME THE SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS OCCURRED. (b) (I) "SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS" MEANS ANY PRACTICE BY A LICENSED MENTAL HEALTH PROFESSIONAL THAT SEEKS TO DIRECT A PATIENT TOWARD A PAGE 3-HOUSE BILL 26-1322 PREDETERMINED SEXUAL ORIENT A TION OR GENDER IDENTITY OUTCOME, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF A PARTICULAR SEX OR GENDER, REGARDLESS OF THE SEXUAL ORIENT A TION OR GENDER IDENTITY THE PATIENT IS DIRECTED TOWARD. (II) "SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS" DOES NOT INCLUDE: (A) COUNSELING OR THERAPY THAT PROVIDES ACCEPTANCE, SUPPORT, AND UNDERSTANDING OF A PATIENT OR FACILITATES A PATIENT'S COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOPMENT, WITHOUT SEEKING TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENT A TION OR GENDER IDENTITY OUTCOME; (B) COUNSELING OR THERAPY THAT IS NEUTRAL WITH RESPECT TO SEXUAL ORIENT A TION AND GENDER IDENTITY AND THAT DOES NOT SEEK TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME; OR (C) COUNSELING OR THERAPY RELATED TO A PATIENT'S SEXUAL BEHAVIORS, PRACTICES, OR RELATIONSHIPS, PROVIDED THAT THE COUNSELING OR THERAPY DOES NOT SEEK TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY. (2)(a) APERSONWHOSUFFEREDANINJURYASARESULTOFSEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS MAY BRING A CIVIL ACTION FOR DAMAGES. (b) NOTWITHSTANDING ANY OTHER ST A TUTE OF LIMITATIONS SPECIFIED IN ARTICLE 80 OF THIS TITLE 13 OR ANY OTHER PROVISION OF LAW THAT CAN BE CONSTRUED TO LIMIT THE TIME PERIOD TO COMMENCE AN ACTION DESCRIBED IN THIS SECTION, A CIVIL ACTION TO RECOVER DAMAGES FOR THE PROVISION OF SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS MAY BE COMMENCED AT ANY TIME WITHOUT LIMITATION. (3) IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE PLAINTIFF MAY RECOVER DAMAGES THAT INCLUDE: (a) ECONOMIC DAMAGES; PAGE 4-HOUSE BILL 26-1322 (b) NONECONOMIC DAMAGES; ( c) EXEMPLARY DAMAGES IF THE CONDUCT OF THE DEFENDANT WAS WILLFUL OR WANTON, AS PROVIDED IN SECTION 13-21-102; AND (d) ANY OTHER DAMAGES DEEMED APPROPRIATE BY THE COURT. ( 4) IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE TRIER OF FACT MAY CONSIDER THE NATURE, DURATION, AND INTENSITY OF THE SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS, THE AGE AND VULNERABILITY OF THE PLAINTIFF AT THE TIME THE SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS TOOK PLACE, THE RELATIONSHIP BETWEEN THE PLAINTIFF AND THE MENTAL HEALTH PROFESSIONAL, THE TEMPORAL RELATIONSHIP BETWEEN THE SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS AND THE ONSET OR EXACERBATION OF SYMPTOMS, AND ANY OTHER RELEVANT FACTORS. (5) (a) THE CAUSE OF ACTION DESCRIBED IN THIS SECTION SURVIVES THE DEATH OF THE PERSON WHO UNDERWENT SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS AND MAY BE BROUGHT OR MAINTAINED BY THE PERSON'S PERSONAL REPRESENTATIVE OR EST A TE. (b) NOTWITHSTANDING THE STATUTE OF LIMITATIONS DESCRIBED IN SECTION 13-80-112, AN ACTION BROUGHT AS A SUR VIV AL ACTION PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION MUST BE BROUGHT WITHIN FIVE YEARS AFTER THE PERSON'S DEA TH. (c) NOTWITHSTANDING THE LIMITATION ON DAMAGES IN SECTION 13-20-101 (1), THE PERSON'S PERSONAL REPRESENTATIVE OR ESTATE MAY RECOVER ALL DAMAGES AVAILABLE PURSUANT TO SUBSECTION (3) OF THIS SECTION IN AN ACTION BROUGHT OR MAINTAINED PURSUANT TO THIS SUBSECTION (5). (6) THIS SECTION DOES NOT CREATE A NEW CAUSE OF ACTION. (7) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SECTION BE INTERPRETED BROADLY TO EFFECTUATE ITS REMEDIAL PURPOSE OF PROVIDING CIVIL REMEDIES TO PERSONS HARMED BY SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS. PAGE 5-HOUSE BILL 26-1322 (8) THIS SECTION APPLIES TO CAUSES OF ACTION ACCRUING ON OR AFTER JULY 1, 2026, AND TO CAUSES OF ACTION ACCRUING BEFORE JULY 1, 2026, IF THE APPLICABLE STATUTE OF LIMITATIONS, AS IT EXISTED PRIOR TO JULY 1, 2026, HAS NOT YET RUN ON JULY 1, 2026. SECTION 3. In Colorado Revised Statutes, 12-245-202, amend (3 .5) as follows: 12-245-202. Definitions. As used in this article 245, unless the context otherwise requires: (3.5) W "Conversion therapy" means any prnetice m tteatment by a licensee, tegistrant, OI certificate holdet that attempts m pmports to change an individual's sexual m ientation ot gendet identity, ineluding efforts to change behaviots m gendet exptessions ot to eliminate m teduce sexual ot rnmantie attraction ot feelings towatd individuals of the same sex MEANS ANY PRACTICE OR TREATMENT BY A LICENSED MENTAL HEALTH-CARE PROVIDER THAT SEEKS TO DIRECT A PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME, OR ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF A PARTICULAR SEX OR GENDER, REGARDLESS OF THE SEXUAL ORIENTATION OR GENDER IDENTITY THE PATIENT IS DIRECTED TOWARD. (b) "Conversion therapy" does not inelude prnctices m tteatments that pm v ide INCLUDE: (I) Acceptance, support, and undetstanding fut the facilitation ofan individual's coping, social support, and identity explm ation and de\i elopment, ineluding sexual-ot ientation-neutr al inter v entions to pt event or addtess unlawful conduct m unsafe sexual practices, as long as the counseling does not seek to change sexual m ientation m gendet identity, ot (II) Assistance to a per son undet going gender tI ansition. COUNSELING OR THERAPY THAT PROVIDES ACCEPTANCE, SUPPORT, AND UNDERSTANDING OF A PATIENTORFACILITATES A PATIENT'S COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOPMENT, WITHOUT SEEKING TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME; PAGE 6-HOUSE BILL 26-1322 (III) COUNSELING OR THERAPY THAT IS NEUTRAL WITH RESPECT TO SEXUAL ORIENTATION AND GENDER IDENTITY AND THAT DOES NOT SEEK TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME; OR (IV) COUNSELING OR THERAPY RELATED TO A PATIENT'S SEXUAL BEHAVIORS, PRACTICES, OR RELATIONSHIPS, PROVIDED THAT THE COUNSELING OR THERAPY DOES NOT SEEK TO DIRECT THE PATIENT TOW ARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY. SECTION 4. Effective date - applicability. This act takes effect July I, 2026, and applies to a cause of action filed on or after said date. SECTION 5. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for PAGE 7-HOUSE BILL 26-1322 the supp011 and maintenance of the departments of the state and state institutions. J t ~ SPEAKER OF THE HOUSE OF REPRESENTATIVES v~~ Vanessa Reilly CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES James Rashad Coleman, Sr. PRESIDENT OF THE SENATE Esther van Mourik SECRETARY OF THE SENATE APPROVED t>\i\ VY\ MJ~ J l.V\--e, \ ,-+ 201-v <A--t l (): 'S()qm ate and Time) PAGE 8-HOUSE BILL 26-1322