Text of MD HB 1209 (2026)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1209* HOUSE BILL 1209 D3, C4 EMERGENCY BILL 6lr3554 CF SB 950 By: Delegates Cullison, Acevero, Behler, Clippinger, Fair, Kaiser, Martinez, Vogel, and Woorman Introduced and read first time: February 11, 2026 Assigned to: Judiciary and Health A BILL ENTITLED AN ACT concerning 1 Conversion Therapy – Prohibitions and Causes of Action 2 FOR the purpose of clarifying that injury resulting from conversion therapy is cognizable 3 for purposes of a health care malpractice action; establishing certain procedures in 4 an action for health care malpractice resulting from conversion therapy; removing 5 the limitation on noneconomic damages to a claimant in an action for health care 6 malpractice resulting from conversion therapy; prohibiting a certain individual from 7 providing conversion therapy or making, advertising, publishing, displaying, 8 broadcasting, soliciting, or representing false, misleading, or deceptive statements 9 relating to conversion therapy for a certain purpose; establishing a certain private 10 cause of action for an injury resulting from conversion therapy; requiring a 11 professional liability insurer that provides an insurance policy to a licensed health 12 care provider that engages in conversion therapy to charge the provider with a 13 certain surcharge on the provider’s premiums; establishing the Conversion Therapy 14 Surcharge Fund as a special, nonlapsing fund; and generally relating to conversion 15 therapy. 16 BY repealing and reenacting, with amendments, 17 Article – Courts and Judicial Proceedings 18 Section 3–2A–01, 3–2A–02, and 5–109 19 Annotated Code of Maryland 20 (2020 Replacement Volume and 2025 Supplement) 21 BY adding to 22 Article – Courts and Judicial Proceedings 23 Section 3–2A–02.1; and 3–2701 through 3–2704 to be under the new subtitle 24 “Subtitle 27. Liability for Provision of Conversion Therapy” 25 Annotated Code of Maryland 26 (2020 Replacement Volume and 2025 Supplement) 27 2 HOUSE BILL 1209 BY adding to 1 Article – Criminal Law 2 Section 3–1301 through 3–1303 to be under the new subtitle “Subtitle 13. Conversion 3 Therapy” 4 Annotated Code of Maryland 5 (2021 Replacement Volume and 2025 Supplement) 6 BY repealing and reenacting, without amendments, 7 Article – Insurance 8 Section 1–101(a) and (b) 9 Annotated Code of Maryland 10 (2017 Replacement Volume and 2025 Supplement) 11 BY repealing and reenacting, with amendments, 12 Article – Insurance 13 Section 19–117 14 Annotated Code of Maryland 15 (2017 Replacement Volume and 2025 Supplement) 16 BY adding to 17 Article – Insurance 18 Section 19–118 and 19–119 19 Annotated Code of Maryland 20 (2017 Replacement Volume and 2025 Supplement) 21 Preamble 22 WHEREAS, The American Psychological Association, the American Psychiatric 23 Association, the American Academy of Pediatrics, the American Medical Association, the 24 American Counseling Association, the American Academy of Child and Adolescent 25 Psychiatry, the American School Counselor Association, the National Association of Social 26 Workers, and every other mainstream mental health and medical organization in the 27 United States have determined that efforts to change an individual’s sexual orientation or 28 gender identity are harmful and ineffective; and 29 WHEREAS, In 2009, the American Psychological Association Task Force on 30 Appropriate Therapeutic Responses to Sexual Orientation conducted a systematic review 31 of peer–reviewed research and concluded that sexual orientation change efforts are unlikely 32 to be successful and involve some risk of harm, including depression, suicidality, and 33 anxiety; and 34 WHEREAS, In 2021, the American Psychological Association adopted a resolution 35 concluding that gender identity change efforts are harmful and ineffective and calling for 36 their elimination; and 37 WHEREAS, The scientific and clinical consensus establishes that conversion 38 therapy poses serious risks of harm to patients, including depression, guilt, helplessness, 39 HOUSE BILL 1209 3 hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, self–blame, 1 decreased self–esteem, feelings of anger and betrayal, loss of religious faith, alienation from 2 family, problems in sexual and emotional intimacy, sexual dysfunction, high–risk sexual 3 behaviors, feelings of being dehumanized, and a sense of having wasted time and resources; 4 and 5 WHEREAS, The psychological harms caused by conversion therapy often do not 6 manifest until years or decades after the conduct occurred and survivors frequently do not 7 recognize their experience as conversion therapy, initially fail to recognize such treatment 8 as harmful, fail to connect their psychological injuries to the treatment until much later in 9 life, or are deterred from coming forward by shame instilled by the treatment itself; and 10 WHEREAS, The dynamics of the therapeutic relationship, including the trust placed 11 in mental health providers, the age and vulnerability of patients, the authority exercised 12 by providers, and the shame and internalized stigma resulting from such treatment, create 13 barriers to timely disclosure and recognition of harm similar to those recognized by this 14 State in the context of childhood sexual abuse; and 15 WHEREAS, The existing statute of limitations for professional negligence does not 16 adequately account for the delayed recognition of psychological injury that is characteristic 17 of harm caused by conversion therapy; and 18 WHEREAS, Psychological harms caused by conversion therapy result from efforts to 19 direct a patient toward a predetermined outcome regarding the patient’s sexual orientation 20 or gender identity, regardless of the nature of that predetermined outcome; and 21 WHEREAS, In cases involving latent injuries where there is scientific consensus 22 regarding harmfulness, courts have recognized that plaintiffs may establish causation by 23 demonstrating that exposure to the harmful conduct was, in reasonable medical 24 probability, a substantial factor contributing to the risk of developing the injury or illness, 25 without requiring proof of the precise mechanism by which the harm occurred; and 26 WHEREAS, This causation framework is appropriate for claims arising from sexual 27 orientation or gender identity change efforts, given the scientific consensus regarding the 28 harmfulness of such efforts and the latent nature of the resulting psychological injuries; 29 and 30 WHEREAS, It is the intent of the General Assembly to provide individuals who have 31 suffered harm as a result of conversion therapy by licensed mental health providers with 32 adequate time to seek civil remedies for harm they have suffered; now, therefore, 33 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 34 That the Laws of Maryland read as follows: 35 Article – Courts and Judicial Proceedings 36 3–2A–01. 37 4 HOUSE BILL 1209 (a) In this subtitle the following terms have the meanings indicated unless the 1 context of their use requires otherwise. 2 (b) “Arbitration panel” means the arbitrators selected to determine a health care 3 malpractice claim in accordance with this subtitle. 4 (c) (1) “CONVERSION THERAPY” MEANS A PRACTICE OR TREATMENT BY 5 A MENTAL HEALTH OR CHILD CARE PRACTITIONER THAT SEEKS TO CHANGE AN 6 INDIVIDUAL’S SEXUAL ORIENTATION OR GENDER IDENTITY. 7 (2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 8 BEHAVIORAL EXPRESSION OF AN INDIVIDUAL’S SEXUAL ORIENTATION, CHANGE 9 GENDER EXPRESSION, OR ELIMINATE OR REDUCE SEXUAL OR ROMANTIC 10 ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 11 (3) “CONVERSION THERAPY” DOES NOT INCLUDE A PRACTICE BY A 12 MENTAL HEALTH OR CHILD CARE PRACTITIONER THAT: 13 (I) PROVIDES ACCEPTANCE, SUPPORT, AND UNDERSTANDING, 14 OR THE FACILITATION OF COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION 15 AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION–NEUTRAL INTERVENTIONS 16 TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; 17 AND 18 (II) DOES NOT SEEK TO CHANGE SEXUAL ORIENTATION OR 19 GENDER IDENTITY. 20 (D) “Court” means a circuit court for a county. 21 [(d)] (E) “Director” means the Director of the Health Care Alternative Dispute 22 Resolution Office. 23 [(e)] (F) “Economic damages” retains its judicially determined meaning. 24 [(f)] (G) (1) “Health care provider” means a hospital, a related institution as 25 defined in § 19–301 of the Health – General Article, a medical day care center, a hospice 26 care program, an assisted living program, a freestanding ambulatory care facility as 27 defined in § 19–3B–01 of the Health – General Article, a physician, a physician assistant, 28 an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a 29 dentist, a podiatrist, a psychologist, a licensed certified social worker–clinical, and a 30 physical therapist, licensed or authorized to provide one or more health care services in 31 Maryland. 32 HOUSE BILL 1209 5 (2) “Health care provider” does not include any nursing institution 1 conducted by and for those who rely upon treatment by spiritual means through prayer 2 alone in accordance with the tenets and practices of a recognized church or religious 3 denomination. 4 [(g)] (H) (1) “Medical injury” means injury arising or resulting from the 5 rendering or failure to render health care. 6 (2) “MEDICAL INJURY” INCLUDES PSYCHOLOGICAL INJURY 7 ARISING OR RESULTING FROM CONVERSION THERAPY PROVIDED IN THE STATE. 8 [(h)] (I) “Noneconomic damages” means: 9 (1) In a claim for personal injury, pain, suffering, inconvenience, physical 10 impairment, disfigurement, loss of consortium, or other nonpecuniary injury; or 11 (2) In a claim for wrongful death, mental anguish, emotional pain and 12 suffering, loss of society, companionship, comfort, protection, care, marital care, parental 13 care, filial care, attention, advice, counsel, training, guidance, or education, or other 14 noneconomic damages authorized under Subtitle 9 of this title. 15 3–2A–02. 16 (a) (1) All claims, suits, and actions, including cross claims, third–party 17 claims, and actions under Subtitle 9 of this title, by a person against a health care provider 18 for medical injury allegedly suffered by the person in which damages of more than the limit 19 of the concurrent jurisdiction of the District Court are sought are subject to and shall be 20 governed by the provisions of this subtitle. 21 (2) An action or suit of that type may not be brought or pursued in any 22 court of this State except in accordance with this subtitle. 23 (3) Except for the procedures stated in § 3–2A–06(f) of this subtitle, an 24 action within the concurrent jurisdiction of the District Court is not subject to the 25 provisions of this subtitle. 26 (b) A claim filed under this subtitle and an initial pleading filed in any subsequent 27 action may not contain a statement of the amount of damages sought other than that they 28 are more than a required jurisdictional amount. 29 (c) (1) In any action for damages filed under this subtitle, the health care 30 provider is not liable for the payment of damages unless it is established that the care given 31 by the health care provider is not in accordance with the standards of practice among 32 members of the same health care profession with similar training and experience situated 33 in the same or similar communities at the time of the alleged act giving rise to the cause of 34 action. 35 6 HOUSE BILL 1209 (2) (i) This paragraph applies to a claim or action filed on or after 1 January 1, 2005. 2 (ii) 1. [In] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 3 3 OF THIS SUBPARAGRAPH, IN addition to any other qualifications, a health care provider 4 who attests in a certificate of a qualified expert or testifies in relation to a proceeding before 5 a panel or court concerning a defendant’s compliance with or departure from standards of 6 care: 7 A. Shall have had clinical experience, provided consultation 8 relating to clinical practice, or taught medicine in the defendant’s specialty or a related 9 field of health care, or in the field of health care in which the defendant provided care or 10 treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving 11 rise to the cause of action; and 12 B. Except as provided in [subsubparagraph 2] 13 SUBSUBPARAGRAPHS 2 AND 3 of this subparagraph, if the defendant is board certified in 14 a specialty, shall be board certified in the same or a related specialty as the defendant. 15 2. Subsubparagraph 1B of this subparagraph does not apply 16 if: 17 A. The defendant was providing care or treatment to the 18 plaintiff unrelated to the area in which the defendant is board certified; or 19 B. The health care provider taught medicine in the 20 defendant’s specialty or a related field of health care. 21 3. IN ADDITION TO ANY OTHER QUALIFICATIONS, IN AN 22 ACTION FOR DAMAGES RELATING TO CONVERSION THERAPY UNDER § 3–2A–02.1 OF 23 THIS SUBTITLE, A HEALTH CARE PROVIDER WHO ATTESTS IN A CERTIFICATE OF A 24 QUALIFIED EXPERT, OR TESTIFIES IN RELATION TO A PROCEEDING BEFORE A PANEL 25 OR COURT CONCERNING A DEFENDANT’S COMPLIANCE WITH OR DEPARTURE FROM 26 STANDARDS OF CARE, MAY BE ANY LICENSED MENTAL HEALTH PROVIDER OR 27 RESEARCHER WITH EXPERTISE IN THE PSYCHOLOGICAL EFFECTS OF CONVERSION 28 THERAPY. 29 (d) Except as otherwise provided, the Maryland Rules shall apply to all practice 30 and procedure issues arising under this subtitle. 31 3–2A–02.1. 32 (A) AN INDIVIDUAL MAY FILE AN ACTION FOR DAMAGES FOR INJURY 33 CAUSED BY THE PROVISION OF CONVERSION THERAPY TO THE INDIVIDUAL 34 AGAINST: 35 HOUSE BILL 1209 7 (1) THE LICENSED HEALTH CARE PROVIDER WHO PROVIDED THE 1 CONVERSION THERAPY; 2 (2) A PERSON THAT EMPLOYED, SUPERVISED, OR OTHERWISE 3 EXERCISED AUTHORITY OVER THE LICENSED HEALTH CARE PROVIDER WHO 4 PROVIDED THE CONVERSION THERAPY IF THE PERSON: 5 (I) KNEW OR HAD REASON TO KNOW THAT THE LICENSED 6 HEALTH CARE PROVIDER PROVIDED CONVERSION THERAPY; AND 7 (II) FAILED TO TAKE REASONABLE STEPS TO PREVENT THE 8 LICENSED HEALTH CARE PROVIDER FROM PROVIDING CONVERSION THERAPY; OR 9 (3) A PERSON THAT NEGLIGENTLY HIRED, SUPERVISED, OR 10 RETAINED THE LICENSED HEALTH CARE PROVIDER WHO PROVIDED THE 11 CONVERSION THERAPY. 12 (B) (1) IN AN ACTION FOR DAMAGES FOR MEDICAL INJURY AS A RESULT 13 OF CONVERSION THERAPY, A PLAINTIFF MAY SEEK: 14 (I) ECONOMIC DAMAGES; 15 (II) NONECONOMIC DAMAGES; 16 (III) PUNITIVE DAMAGES; AND 17 (IV) ATTORNEY’S FEES AND COURT COSTS. 18 (2) NOTWITHSTANDING § 11–108 OF THIS ARTICLE, THERE IS NO 19 LIMITATION ON THE TOTAL AMOUNT OF NONECONOMIC DAMAGES THAT MAY BE 20 AWARDED TO A SINGLE CLAIMANT IN AN ACTION AGAINST A SINGLE DEFENDANT 21 UNDER THIS SECTION. 22 (C) (1) IN AN ACTION UNDER THIS SECTION FOR DAMAGES FOR MEDICAL 23 INJURY CAUSED BY THE PROVISION OF CONVERSION THERAPY, THE PLAINTIFF HAS 24 THE BURDEN OF PROOF TO DEMONSTRATE THROUGH EXPERT TESTIMONY, 25 SCIENTIFIC LITERATURE, AND OTHER EVIDENCE, THAT CONVERSION THERAPY IS 26 CAPABLE OF CAUSING THE MEDICAL INJURY SUFFERED BY THE PLAINTIFF. 27 (2) IF A PLAINTIFF MEETS THE BURDEN OF PROOF UNDER 28 PARAGRAPH (1) OF THIS SUBSECTION, THE DEFENDANT HAS THE BURDEN OF PROOF 29 TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE PLAINTIFF’S MEDICAL 30 8 HOUSE BILL 1209 INJURY IS SOLELY A RESULT OF OTHER FACTORS UNRELATED TO THE CONVERSION 1 THERAPY. 2 SUBTITLE 27. LIABILITY FOR PROVISION OF CONVERSION THERAPY. 3 3–2701. 4 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5 INDICATED. 6 (B) (1) “CONVERSION THERAPY” MEANS A PRACTICE OR TREATMENT 7 THAT SEEKS TO CHANGE AN INDIVIDUAL’S SEXUAL ORIENTATION OR GENDER 8 IDENTITY. 9 (2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 10 BEHAVIORAL EXPRESSION OF AN INDIVIDUAL’S SEXUAL ORIENTATION, CHANGE 11 GENDER EXPRESSION, OR ELIMINATE OR REDUCE SEXUAL OR ROMANTIC 12 ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 13 (C) “MENTAL HEALTH OR CHILD CARE PRACTITIONER” MEANS: 14 (1) A PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE 14, 17, 15 18, 19, OR 20 OF THE HEALTH OCCUPATIONS ARTICLE; OR 16 (2) ANY OTHER PRACTITIONER LICENSED OR CERTIFIED UNDER THE 17 HEALTH OCCUPATIONS ARTICLE WHO IS AUTHORIZED TO PROVIDE COUNSELING BY 18 THE PRACTITIONER’S LICENSING OR CERTIFYING BOARD. 19 (D) “PERSON” INCLUDES A NONPROFIT ENTITY. 20 3–2702. 21 THIS SUBTITLE DOES NOT APPLY TO A MENTAL HEALTH OR CHILD CARE 22 PRACTITIONER. 23 3–2703. 24 (A) AN INDIVIDUAL MAY BRING AN ACTION FOR DAMAGES FOR INJURY 25 CAUSED BY THE PROVISION OF CONVERSION THERAPY TO THE INDIVIDUAL IN 26 VIOLATION OF § 3–1303(A)(1) OF THE CRIMINAL LAW ARTICLE AGAINST: 27 (1) THE INDIVIDUAL WHO PROVIDED THE CONVERSION THERAPY; 28 HOUSE BILL 1209 9 (2) A PERSON THAT EMPLOYED, SUPERVISED, OR OTHERWISE 1 EXERCISED AUTHORITY OVER THE INDIVIDUAL WHO PROVIDED THE CONVERSION 2 THERAPY IF THE PERSON: 3 (I) KNEW OR HAD REASON TO KNOW THAT CONVERSION 4 THERAPY WAS PROVIDED; AND 5 (II) FAILED TO TAKE REASONABLE STEPS TO PREVENT THE 6 PROVISION OF CONVERSION THERAPY; OR 7 (3) A PERSON THAT NEGLIGENTLY HIRED, SUPERVISED, OR 8 RETAINED THE INDIVIDUAL WHO PROVIDED THE CONVERSION THERAPY. 9 (B) IN AN ACTION FOR DAMAGES FOR INJURY CAUSED BY THE PROVISION 10 OF CONVERSION THERAPY, A PLAINTIFF MAY SEEK: 11 (1) ECONOMIC DAMAGES; 12 (2) NONECONOMIC DAMAGES; 13 (3) PUNITIVE DAMAGES; AND 14 (4) ATTORNEY’S FEES AND COURT COSTS. 15 (C) NOTWITHSTANDING § 11–108 OF THIS ARTICLE, THERE IS NO 16 LIMITATION ON THE TOTAL AMOUNT OF NONECONOMIC DAMAGES THAT MAY BE 17 AWARDED TO A SINGLE CLAIMANT IN AN ACTION AGAINST A SINGLE DEFENDANT 18 UNDER THIS SECTION. 19 (D) (1) IN AN ACTION UNDER THIS SECTION FOR DAMAGES FOR INJURY 20 CAUSED BY THE PROVISION OF CONVERSION THERAPY, THE PLAINTIFF HAS THE 21 BURDEN OF PROOF TO DEMONSTRATE THROUGH EXPERT TESTIMONY, SCIENTIFIC 22 LITERATURE, AND OTHER EVIDENCE, THAT CONVERSION THERAPY IS CAPABLE OF 23 CAUSING THE MEDICAL INJURY SUFFERED BY THE PLAINTIFF. 24 (2) IF A PLAINTIFF MEETS THE BURDEN OF PROOF UNDER 25 PARAGRAPH (1) OF THIS SUBSECTION, THE DEFENDANT HAS THE BURDEN OF PROOF 26 TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE PLAINTIFF’S INJURY 27 IS SOLELY A RESULT OF OTHER FACTORS UNRELATED TO THE CONVERSION 28 THERAPY. 29 3–2704. 30 10 HOUSE BILL 1209 (A) NOTWITHSTANDING A TIME LIMITATION UNDER A STATUTE OF 1 LIMITATIONS, STATUTE OF REPOSE, OR ANY OTHER LAW, AN ACTION FOR DAMAGES 2 UNDER THIS SUBTITLE FOR INJURY CAUSED BY THE PROVISION OF CONVERSION 3 THERAPY THAT OCCURRED WHILE THE PLAINTIFF WAS A MINOR MAY BE FILED AT 4 ANY TIME. 5 (B) NOTWITHSTANDING ANY TIME LIMITATION UNDER THIS SECTION OR 6 ANY OTHER STATUTE OF LIMITATIONS, STATUTE OF REPOSE, OR ANY OTHER LAW, 7 AN ACTION FOR DAMAGES FOR MEDICAL INJURY DUE TO CONVERSION THERAPY 8 THAT OCCURRED WHILE THE PLAINTIFF WAS AN ADULT SHALL BE FILED WITHIN 20 9 YEARS AFTER THE PLAINTIFF’S LAST CONVERSION THERAPY SESSION. 10 (C) (1) FOR PURPOSES OF DETERMINING THE DATE AN INJURY WAS 11 DISCOVERED UNDER SUBSECTION (B) OF THIS SECTION, IN AN ACTION FOR 12 DAMAGES FOR MEDICAL INJURY RESULTING FROM CONVERSION THERAPY UNDER 13 THIS SUBTITLE, A CLAIMANT DISCOVERS THE INJURY WHEN THE CLAIMANT FIRST 14 KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PSYCHOLOGICAL INJURY 15 WAS CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 16 (2) IT IS NOT SUFFICIENT TO DEMONSTRATE THAT A CLAIMANT KNEW 17 ABOUT THE PSYCHOLOGICAL INJURY WITHOUT ALSO DEMONSTRATING THAT THE 18 CLAIMANT KNEW OR HAD REASON TO KNOW THAT THE PSYCHOLOGICAL INJURY WAS 19 CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 20 5–109. 21 (a) [An] EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION, AN 22 action for damages for an injury arising out of the rendering of or failure to render 23 professional services by a health care provider, as defined in § 3–2A–01 of this article, shall 24 be filed within the earlier of: 25 (1) Five years of the time the injury was committed; or 26 (2) Three years of the date the injury was discovered. 27 (b) Except as provided in subsection (c) of this section, if the claimant was under 28 the age of 11 years at the time the injury was committed, the time limitations prescribed 29 in subsection (a) of this section shall commence when the claimant reaches the age of 11 30 years. 31 (c) (1) The provisions of subsection (b) of this section may not be applied to an 32 action for damages for an injury: 33 (i) To the reproductive system of the claimant; or 34 HOUSE BILL 1209 11 (ii) Caused by a foreign object negligently left in the claimant’s body. 1 (2) In an action for damages for an injury described in this subsection, if 2 the claimant was under the age of 16 years at the time the injury was committed, the time 3 limitations prescribed in subsection (a) of this section shall commence when the claimant 4 reaches the age of 16 years. 5 (d) For the purposes of this section, the filing of a claim with the Health Care 6 Alternative Dispute Resolution Office in accordance with § 3–2A–04 of this article shall be 7 deemed the filing of an action. 8 (e) The provisions of § 5–201 of this title that relate to a cause of action of a minor 9 may not be construed as limiting the application of subsection (b) or (c) of this section. 10 (f) Nothing contained in this section may be construed as limiting the application 11 of the provisions of: 12 (1) § 5–201 of this title that relate to a cause of action of a mental 13 incompetent; or 14 (2) § 5–203 of this title. 15 (G) (1) NOTWITHSTANDING A TIME LIMITATION UNDER THIS SECTION OR 16 ANY OTHER TIME LIMITATION UNDER A STATUTE OF LIMITATIONS, STATUTE OR 17 REPOSE, OR ANY OTHER LAW, AN ACTION FOR DAMAGES FOR MEDICAL INJURY 18 CAUSED BY THE PROVISION OF CONVERSION THERAPY UNDER § 3–2A–02.1 OF THIS 19 ARTICLE MAY BE FILED: 20 (I) IF THE CONVERSION THERAPY OCCURRED WHILE THE 21 PLAINTIFF WAS A MINOR, AT ANY TIME; AND 22 (II) IF THE CONVERSION THERAPY OCCURRED WHILE THE 23 PLAINTIFF WAS AN ADULT, WITHIN 20 YEARS AFTER THE PLAINTIFF’S LAST 24 CONVERSION THERAPY SESSION. 25 (2) (I) FOR PURPOSES OF DETERMINING THE DATE AN INJURY WAS 26 DISCOVERED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION, IN AN ACTION FOR 27 DAMAGES FOR MEDICAL INJURY CAUSED BY THE PROVISION OF CONVERSION 28 THERAPY, A CLAIMANT DISCOVERS THE INJURY WHEN THE CLAIMANT FIRST KNEW 29 OR REASONABLY SHOULD HAVE KNOWN THAT THE PSYCHOLOGICAL INJURY WAS 30 CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 31 (II) IT IS NOT SUFFICIENT TO DEMONSTRATE THAT A CLAIMANT 32 KNEW ABOUT THE PSYCHOLOGICAL INJURY WITHOUT ALSO DEMONSTRATING THAT 33 12 HOUSE BILL 1209 THE CLAIMANT KNEW OR HAD REASON TO KNOW THAT THE PSYCHOLOGICAL INJURY 1 WAS CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 2 Article – Criminal Law 3 SUBTITLE 13. CONVERSION THERAPY. 4 3–1301. 5 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6 INDICATED. 7 (B) (1) “CONVERSION THERAPY” MEANS A PRACTICE OR TREATMENT 8 THAT SEEKS TO CHANGE AN INDIVIDUAL’S SEXUAL ORIENTATION OR GENDER 9 IDENTITY. 10 (2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 11 BEHAVIORAL EXPRESSION OF AN INDIVIDUAL’S SEXUAL ORIENTATION, CHANGE 12 GENDER EXPRESSION, OR ELIMINATE OR REDUCE SEXUAL OR ROMANTIC 13 ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 14 (C) “MENTAL HEALTH OR CHILD CARE PRACTITIONER” MEANS: 15 (1) A PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE 14, 17, 16 18, 19, OR 20 OF THE HEALTH OCCUPATIONS ARTICLE; OR 17 (2) ANY OTHER PRACTITIONER LICENSED OR CERTIFIED UNDER THE 18 HEALTH OCCUPATIONS ARTICLE WHO IS AUTHORIZED TO PROVIDE COUNSELING BY 19 THE PRACTITIONER’S LICENSING OR CERTIFYING BOARD. 20 (D) “PERSON” INCLUDES A NONPROFIT ENTITY. 21 3–1302. 22 THIS SUBTITLE DOES NOT APPLY TO A MENTAL HEALTH OR CHILD CARE 23 PRACTITIONER. 24 3–1303. 25 (A) A PERSON MAY NOT: 26 (1) FOR COMPENSATION, PROVIDE CONVERSION THERAPY; OR 27 HOUSE BILL 1209 13 (2) FOR PROFESSIONAL, COMMERCIAL, OR MONETARY GAIN, 1 ADVERTISE, PUBLISH, DISPLAY, BROADCAST, SOLICIT, REPRESENT, OR MAKE ANY 2 FALSE, MISLEADING, OR DECEPTIVE STATEMENT RELATING TO THE PROVISION OF 3 CONVERSION THERAPY, INCLUDING CLAIMS REGARDING THE EFFICACY OF 4 CONVERSION THERAPY IN ALTERING THE SEXUAL ORIENTATION OR GENDER 5 IDENTITY OF AN INDIVIDUAL. 6 (B) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND 7 ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE 8 NOT EXCEEDING $50,000 OR BOTH. 9 Article – Insurance 10 1–101. 11 (a) In this article the following words have the meanings indicated. 12 (b) “Administration” means the Maryland Insurance Administration. 13 19–117. 14 (a) (1) In this section[, “adverse] THE FOLLOWING WORDS HAVE THE 15 MEANINGS INDICATED. 16 (2) (I) “ADVERSE action” includes: 17 [(i)] 1. refusing to renew or execute a contract or agreement with 18 a health care practitioner; 19 [(ii)] 2. making a report or commenting to an appropriate private 20 or governmental entity regarding practices of legally protected health care as defined in § 21 2–312 of the State Personnel and Pensions Article; and 22 [(iii)] 3. increasing a premium for or making another type of 23 unfavorable change regarding terms of coverage under a medical professional liability 24 insurance contract agreement with a health care practitioner. 25 [(2)] (II) “Adverse action” does not include making a rate filing in 26 accordance with § 11–206 of this article. 27 (3) “LEGALLY PROTECTED HEALTH CARE” DOES NOT INCLUDE 28 CONVERSION THERAPY, AS DEFINED IN § 1–212.1 OF THE HEALTH OCCUPATIONS 29 ARTICLE. 30 14 HOUSE BILL 1209 (b) An insurer that issues to, delivers to, or renews medical professional liability 1 insurance for a health care practitioner licensed, certified, or otherwise authorized by law 2 to practice in the State may not take adverse action against a health care practitioner in 3 whole or in part because the health care practitioner provides legally protected health care 4 or makes a referral for legally protected health care. 5 (c) This section does not prohibit the medical professional liability insurer from 6 taking adverse action against a health care practitioner for conduct that would otherwise 7 constitute professional misconduct. 8 19–118. 9 (A) (1) IN THIS SECTION, “CONVERSION THERAPY” MEANS A PRACTICE 10 OR TREATMENT BY A MENTAL HEALTH OR CHILD CARE PRACTITIONER THAT SEEKS 11 TO CHANGE AN INDIVIDUAL’S SEXUAL ORIENTATION OR GENDER IDENTITY. 12 (2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 13 BEHAVIORAL EXPRESSION OF AN INDIVIDUAL’S SEXUAL ORIENTATION, CHANGE 14 GENDER EXPRESSION, OR ELIMINATE OR REDUCE SEXUAL OR ROMANTIC 15 ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 16 (3) “CONVERSION THERAPY” DOES NOT INCLUDE A PRACTICE BY A 17 MENTAL HEALTH OR CHILD CARE PRACTITIONER THAT: 18 (I) PROVIDES ACCEPTANCE, SUPPORT, AND UNDERSTANDING, 19 OR THE FACILITATION OF COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION 20 AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION–NEUTRAL INTERVENTIONS 21 TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; 22 AND 23 (II) DOES NOT SEEK TO CHANGE SEXUAL ORIENTATION OR 24 GENDER IDENTITY. 25 (B) AN INSURER THAT ISSUES TO, DELIVERS TO, OR RENEWS MEDICAL 26 PROFESSIONAL LIABILITY INSURANCE FOR A HEALTH CARE PRACTITIONER 27 LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY LAW TO PRACTICE IN THE 28 STATE SHALL IMPOSE A 35% SURCHARGE ON THE PREMIUMS CHARGED TO A 29 HEALTH CARE PRACTITIONER THAT PRACTICES CONVERSION THERAPY IN THE 30 STATE. 31 (C) THE REVENUES FROM THE SURCHARGE IMPOSED UNDER SUBSECTION 32 (B) OF THIS SECTION SHALL BE DISTRIBUTED TO THE CONVERSION THERAPY 33 SURCHARGE FUND, UNDER § 19–119 OF THIS SUBTITLE. 34 HOUSE BILL 1209 15 19–119. 1 (A) IN THIS SECTION, “FUND” MEANS THE CONVERSION THERAPY 2 SURCHARGE FUND. 3 (B) THERE IS A CONVERSION THERAPY SURCHARGE FUND. 4 (C) THE PURPOSE OF THE FUND IS TO REIMBURSE A PLAINTIFF THAT 5 SUCCESSFULLY RECOVERS DAMAGES FROM A HEALTH CARE PRACTITIONER FOR 6 HEALTH CARE MALPRACTICE AS A RESULT OF CONVERSION THERAPY UNDER TITLE 7 3, SUBTITLE 2A OF THE COURTS ARTICLE. 8 (D) THE ADMINISTRATION SHALL ADMINISTER THE FUND. 9 (E) (1) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 10 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 11 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, 12 AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 13 (F) THE FUND CONSISTS OF: 14 (1) REVENUE DISTRIBUTED TO THE FUND FROM REVENUES 15 GENERATED FROM THE SURCHARGE IMPOSED UNDER § 19–118 OF THIS SUBTITLE; 16 (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 17 (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 18 THE BENEFIT OF THE FUND. 19 (G) THE FUND MAY BE USED ONLY FOR REIMBURSING A SUCCESSFUL 20 PLAINTIFF IN AN ACTION AGAINST A PROVIDER FOR HEALTH CARE MALPRACTICE 21 ARISING FROM CONVERSION THERAPY UNDER TITLE 3, SUBTITLE 2A OF THE 22 COURTS ARTICLE FOR COSTS INCURRED BY THE PLAINTIFF AS A RESULT OF 23 RECEIVING CONVERSION THERAPY. 24 (H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 25 IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 26 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 27 THE GENERAL FUND OF THE STATE. 28 16 HOUSE BILL 1209 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 1 WITH THE STATE BUDGET. 2 SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 3 the application of any provision of this Act to any person or circumstance is held invalid for 4 any reason in a court of competent jurisdiction, the invalidity does not affect other 5 provisions or any other application of this Act that can be given effect without the invalid 6 provision or application, and for this purpose the provisions of this Act are declared 7 severable. 8 SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 9 measure, is necessary for the immediate preservation of the public health or safety, has 10 been passed by a yea and nay vote supported by three–fifths of all the members elected to 11 each of the two Houses of the General Assembly, and shall take effect from the date it is 12 enacted. 13