Text of ID H 482 (2020)

LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature Second Regular Session - 2020 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 482 BY HEALTH AND WELFARE COMMITTEE AN ACT 1 RELATING TO CHILDREN'S MENTAL HEALTH SERVICES; AMENDING CHAPTER 24, TITLE 2 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 16-2435, IDAHO CODE, 3 TO DEFINE TERMS, TO PROHIBIT CONVERSION THERAPY IN CERTAIN INSTANCES, 4 TO PROVIDE THAT A VIOLATION SHALL BE CONSIDERED UNPROFESSIONAL CONDUCT, 5 AND TO PROVIDE EXCEPTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 24, Title 16, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 16-2435, Idaho Code, and to read as follows: 10 16-2435. PROHIBITION ON PROVIDING CONVERSION THERAPY TO A MINOR. (1) 11 As used in this section: 12 (a) "Conversion therapy" means any practice or treatment that seeks to 13 change the sexual orientation or gender identity of a patient or client, 14 including mental health therapy that seeks to change, eliminate, or 15 reduce behaviors, expressions, attractions, or feelings related to a 16 patient or client's sexual orientation or gender identity. "Conver- 17 sion therapy" does not mean a practice or treatment that does not seek 18 to change a patient or client's sexual orientation or gender identity, 19 including mental health therapy that: 20 (i) Is neutral with respect to sexual orientation and gender 21 identity; 22 (ii) Provides assistance to a patient or client undergoing gender 23 transition; 24 (iii) Provides acceptance, support, and understanding of a pa- 25 tient or client; 26 (iv) Facilitates a patient or client's ability to cope, social 27 support, and identity exploration and development; 28 (v) Addresses unlawful, unsafe, premarital, or extramarital sex- 29 ual activities in a manner that is neutral with respect to sexual 30 orientation; or 31 (vi) Discusses with a patient or client the patient or client's 32 moral or religious beliefs or practices. 33 (b) "Gender identity" means the gender-related identity, appearance, 34 mannerisms, or other gender-related characteristics of an individual 35 without regard to the individual's designated sex at birth. A person's 36 gender identity can be shown by providing evidence, including medical 37 history, care, or treatment of the gender identity, consistent and uni- 38 form assertion of the gender identity, or other evidence that the gender 39 identity is sincerely held, part of a person's core identity, and not 40 being asserted for an improper purpose. 41 2 (c) "Mental health professional" is as defined in section 6-1901, Idaho 1 Code. 2 (d) "Sexual orientation" means an individual's actual or perceived 3 orientation as heterosexual, homosexual, or bisexual. 4 (2) A mental health professional may not provide conversion therapy to 5 a patient or client who is younger than eighteen (18) years of age. 6 (3) A violation of subsection (2) of this section shall be considered 7 unprofessional conduct subject to disciplinary proceedings under title 54, 8 Idaho Code. 9 (4) The provisions of subsection (2) of this section shall not apply to: 10 (a) A clergy member or religious counselor who is acting substantially 11 in a pastoral or religious capacity and not in the capacity of a health 12 care professional; or 13 (b) A parent or grandparent who is a health care professional and who is 14 acting substantially in the capacity of a parent or grandparent and not 15 in the capacity of a health care professional. 16