Text of ME LD 1025 (2019)

Printed on recycled paper 129th MAINE LEGISLATURE FIRST REGULAR SESSION-2019 Legislative Document No. 1025 H.P. 755 House of Representatives, February 28, 2019 An Act To Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals Reference to the Committee on Health Coverage, Insurance and Financial Services suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative FECTEAU of Biddeford. Cosponsored by Representative RECKITT of South Portland, Senator SANBORN, L. of Cumberland and Representatives: ALLEY of Beals, AUSTIN of Skowhegan, BABBIDGE of Kennebunk, BABINE of Scarborough, BAILEY of Saco, BEEBE-CENTER of Rockland, BERRY of Bowdoinham, BLUME of York, BRENNAN of Portland, BROOKS of Lewiston, BRYANT of Windham, CAIAZZO of Scarborough, CARDONE of Bangor, CARNEY of Cape Elizabeth, CLOUTIER of Lewiston, COLLINGS of Portland, COOPER of Yarmouth, CRAVEN of Lewiston, CROCKETT of Portland, CUDDY of Winterport, DAUGHTRY of Brunswick, DENK of Kennebunk, DENNO of Cumberland, DODGE of Belfast, DOORE of Augusta, DOUDERA of Camden, DUNPHY of Old Town, EVANGELOS of Friendship, FARNSWORTH of Portland, FOLEY of Biddeford, GATTINE of Westbrook, Speaker GIDEON of Freeport, GRAMLICH of Old Orchard Beach, GROHOSKI of Ellsworth, HARNETT of Gardiner, HEPLER of Woolwich, HICKMAN of Winthrop, HOBBS of Wells, HUBBELL of Bar Harbor, HYMANSON of York, INGWERSEN of Arundel, JORGENSEN of Portland, KESSLER of South Portland, KORNFIELD of Bangor, MADIGAN of Waterville, MASTRACCIO of Sanford, MATLACK of St. George, MAXMIN of Nobleboro, McCREIGHT of Harpswell, McDONALD of Stonington, McLEAN of Gorham, MELARAGNO of Auburn, MEYER of Eliot, MOONEN of Portland, MORALES of South Portland, NADEAU of Winslow, O'NEIL of Saco, PEBWORTH of Blue Hill, PEOPLES of Westbrook, PERRY of Calais, PIERCE of Falmouth, ROBERTS-LOVELL of South Berwick, RYKERSON of Kittery, SCHNECK of Bangor, SHARPE of Durham, STOVER of Boothbay, STROM of Pittsfield, SYLVESTER of Portland, TALBOT ROSS of Portland, TEPLER of Topsham, TERRY of Gorham, TIPPING of Orono, TUCKER of Brunswick, WARREN of Hallowell, ZEIGLER of Montville, Senators: BELLOWS of Kennebec, BREEN of Cumberland, CHENETTE of York, CHIPMAN of Cumberland, CLAXTON of Androscoggin, DESCHAMBAULT of York, DILL of Penobscot, GRATWICK of Penobscot, LAWRENCE of York, LIBBY of Androscoggin, LUCHINI of Hancock, MILLETT of Cumberland, MIRAMANT of Knox, MOORE of Washington, ROSEN of Hancock, SANBORN, H. of Cumberland, VITELLI of Sagadahoc, WOODSOME of York. Page 1 - 129LR0111(01)-1 1 Be it enacted by the People of the State of Maine as follows: 2 Sec. 1. 20-A MRSA §13020, sub-§2-A is enacted to read: 3 2-A. Grounds for discipline of a school psychologist or guidance counselor. 4 Evidence that a person who is certified under this Title as a school psychologist or 5 guidance counselor has advertised, offered or administered conversion therapy as defined 6 in Title 32, section 59-C, subsection 1 to a child within the last 5 years is grounds for 7 discipline of that person. 8 Sec. 2. 20-A MRSA §13020, sub-§3, as enacted by PL 1983, c. 845, §4, is 9 amended to read: 10 3. Denial of certificate for prior immoral or prohibited conduct. Evidence that an 11 applicant for initial certification or renewal has injured the health or welfare of a child 12 through physical or sexual abuse or exploitation within the last 5 years is grounds for a 13 denial of a certificate. Evidence that an applicant for initial certification or renewal as a 14 school psychologist or guidance counselor has advertised, offered or administered 15 conversion therapy as defined in Title 32, section 59-C, subsection 1 to a child is grounds 16 for a denial of a certificate. Notwithstanding Title 5, chapter 341, every person, who, 17 within 5 years of the application for initial certification or renewal, has been convicted in 18 any state or federal court of a criminal offense involving the physical or sexual abuse or 19 exploitation of a child, may be presumed by the commissioner to lack good moral 20 character for the purposes of this chapter. This presumption shall be is a rebuttable 21 presumption. Notwithstanding Title 5, chapter 341, the commissioner shall be is entitled 22 to consider all records of prior criminal convictions involving child abuse or exploitation 23 in determining an applicant's eligibility for a certificate. 24 Sec. 3. 22 MRSA §3174-BBB is enacted to read: 25 §3174-BBB. Coverage for conversion therapy 26 The department may not provide MaineCare reimbursement for conversion therapy 27 as defined in Title 32, section 59-C, subsection 1 administered to a minor. 28 Sec. 4. 32 MRSA §59-C is enacted to read: 29 §59-C. Definitions 30 As used in this Title, unless the context otherwise indicates, the following terms have 31 the following meanings. 32 1. Conversion therapy. "Conversion therapy" means any practice or treatment that 33 seeks or purports to change an individual's sexual orientation or gender identity, 34 including, but not limited to, any effort to change gender expression or to eliminate or 35 reduce sexual or romantic attractions, feelings or behavior toward individuals of the same 36 gender. "Conversion therapy" does not include the following: Page 2 - 129LR0111(01)-1 1 A. Any practice or treatment that assists an individual undergoing a gender 2 transition; 3 B. Any practice or treatment that provides acceptance, support and understanding to 4 an individual; and 5 C. Any practice or treatment that facilitates an individual's coping, social support or 6 identity exploration and development, including any therapeutic treatment such as 7 talk therapy that is neutral with regard to sexual orientation and gender identity and 8 that seeks to prevent or address unlawful conduct or unsafe sexual practices, as long 9 as the counseling does not seek to change the individual's sexual orientation or gender 10 identity. 11 2. Sexual orientation or gender identity. "Sexual orientation or gender identity" 12 has the same meaning as "sexual orientation" in Title 5, section 4553, subsection 9-C. 13 Sec. 5. 32 MRSA §2105-A, sub-§2, ¶I, as amended by PL 2015, c. 488, §11, is 14 further amended to read: 15 I. Engaging in false, misleading or deceptive advertising; or 16 Sec. 6. 32 MRSA §2105-A, sub-§2, ¶J, as enacted by PL 2015, c. 488, §12, is 17 amended to read: 18 J. Failure to comply with the requirements of Title 22, section 7253.; or 19 Sec. 7. 32 MRSA §2105-A, sub-§2, ¶K is enacted to read: 20 K. A violation of section 2112. 21 Sec. 8. 32 MRSA §2112 is enacted to read: 22 §2112. Prohibition on providing conversion therapy to minors 23 An individual licensed or certified under this chapter may not advertise, offer or 24 administer conversion therapy to a minor. 25 Sec. 9. 32 MRSA §2591-A, sub-§2, ¶N, as amended by PL 2015, c. 488, §15, is 26 further amended to read: 27 N. Revocation, suspension or restriction of a license to practice medicine or other 28 disciplinary action; denial of an application for a license; or surrender of a license to 29 practice medicine following the institution of disciplinary action by another state or a 30 territory of the United States or a foreign country if the conduct resulting in the 31 disciplinary or other action involving the license would, if committed in this State, 32 constitute grounds for discipline under the laws or rules of this State; or 33 Sec. 10. 32 MRSA §2591-A, sub-§2, ¶O, as enacted by PL 2015, c. 488, §16, is 34 amended to read: 35 O. Failure to comply with the requirements of Title 22, section 7253.; or 36 Sec. 11. 32 MRSA §2591-A, sub-§2, ¶P is enacted to read: Page 3 - 129LR0111(01)-1 1 P. A violation of section 2600-D. 2 Sec. 12. 32 MRSA §2600-D is enacted to read: 3 §2600-D. Prohibition on providing conversion therapy to minors 4 An individual licensed under this chapter may not advertise, offer or administer 5 conversion therapy to a minor. 6 Sec. 13. 32 MRSA §3282-A, sub-§2, ¶R, as amended by PL 2015, c. 488, §18, 7 is further amended to read: 8 R. Failure to timely respond to a complaint notification sent by the board; or 9 Sec. 14. 32 MRSA §3282-A, sub-§2, ¶S, as enacted by PL 2015, c. 488, §19, is 10 amended to read: 11 S. Failure to comply with the requirements of Title 22, section 7253.; or 12 Sec. 15. 32 MRSA §3282-A, sub-§2, ¶T is enacted to read: 13 T. A violation of section 3300-G. 14 Sec. 16. 32 MRSA §3300-G is enacted to read: 15 §3300-G. Prohibition on providing conversion therapy to minors 16 An individual licensed, registered or certified under this chapter may not advertise, 17 offer or administer conversion therapy to a minor. 18 Sec. 17. 32 MRSA §3837-A, sub-§1, ¶¶E and F, as enacted by PL 2007, c. 19 402, Pt. Q, §14, are amended to read: 20 E. Practice by a licensed psychological examiner at a level requiring a psychologist's 21 license or any representation by a psychological examiner that that psychological 22 examiner is a psychologist; or 23 F. Negligence in the performance of the licensee's duties.; or 24 Sec. 18. 32 MRSA §3837-A, sub-§1, ¶G is enacted to read: 25 G. A violation of section 3837-B. 26 Sec. 19. 32 MRSA §3837-B is enacted to read: 27 §3837-B. Prohibition on providing conversion therapy to minors 28 An individual licensed under this chapter may not advertise, offer or administer 29 conversion therapy to a minor. 30 Sec. 20. 32 MRSA §6217-B, sub-§1, as amended by PL 2017, c. 407, Pt. A, 31 §138, is further amended to read: Page 4 - 129LR0111(01)-1 1 1. Active use. Active use of alcohol or any other drug that in the judgment of the 2 board is detrimental to the performance or competency of a licensee of the board; or 3 Sec. 21. 32 MRSA §6217-B, sub-§2, as enacted by PL 2007, c. 402, Pt. U, §12, 4 is amended to read: 5 2. Mental incompetency. A legal finding of mental incompetency.; or 6 Sec. 22. 32 MRSA §6217-B, sub-§3 is enacted to read: 7 3. Prohibited conduct. A violation of section 6223. 8 Sec. 23. 32 MRSA §6223 is enacted to read: 9 §6223. Prohibition on providing conversion therapy to minors 10 An individual licensed, certified or registered under this chapter may not advertise, 11 offer or administer conversion therapy to a minor. 12 Sec. 24. 32 MRSA §7006 is enacted to read: 13 §7006. Prohibition on providing conversion therapy to minors 14 An individual licensed under this chapter may not advertise, offer or administer 15 conversion therapy to a minor. 16 Sec. 25. 32 MRSA §7059-A, sub-§§1 and 2, as enacted by PL 2007, c. 402, Pt. 17 V, §14, are amended to read: 18 1. Addiction to the use of alcohol or other drugs. Addiction, as confirmed by 19 medical findings, to the use of alcohol or other drugs, that has resulted in the licensed 20 clinical, licensed master or licensed social worker or certified social worker - independent 21 practice being unable to perform duties or perform those duties in a manner that would 22 not endanger the health or safety of the clients to be served; or 23 2. Mental incompetency. A medical finding of mental incompetency.; or 24 Sec. 26. 32 MRSA §7059-A, sub-§3 is enacted to read: 25 3. Prohibited conduct. A violation of section 7006. 26 Sec. 27. 32 MRSA §13742-A, sub-§1, ¶D, as amended by PL 2017, c. 434, §2, 27 is further amended to read: 28 D. Engaging in false, misleading or deceptive advertising; or 29 Sec. 28. 32 MRSA §13742-A, sub-§1, ¶E, as enacted by PL 2017, c. 434, §3, is 30 amended to read: 31 E. Failing to comply with section 13800.; or 32 Sec. 29. 32 MRSA §13742-A, sub-§1, ¶F is enacted to read: Page 5 - 129LR0111(01)-1 1 F. A violation of section 13800-B. 2 Sec. 30. 32 MRSA §13800-B is enacted to read: 3 §13800-B. Prohibition on providing conversion therapy to minors 4 An individual licensed under this chapter may not advertise, offer or administer 5 conversion therapy to a minor. 6 Sec. 31. 32 MRSA §13861-A, sub-§1, ¶¶B and C, as enacted by PL 2007, c. 7 402, Pt. EE, §9, are amended to read: 8 B. A medical finding of mental incompetency; and 9 C. Having had any professional or occupational license revoked for disciplinary 10 reasons or any application rejected for reasons relating to untrustworthiness, within 3 11 years of the date of application.; and 12 Sec. 32. 32 MRSA §13861-A, sub-§1, ¶D is enacted to read: 13 D. A violation of section 13866. 14 Sec. 33. 32 MRSA §13866 is enacted to read: 15 §13866. Prohibition on providing conversion therapy to minors 16 An individual licensed under this chapter may not advertise, offer or administer 17 conversion therapy to a minor. 18 Sec. 34. 32 MRSA §17307, sub-§§1 and 2, as enacted by PL 2007, c. 369, Pt. 19 C, §3 and affected by §5, are amended to read: 20 1. Unfair and deceptive practices. Engaging in unfair or deceptive practices as 21 defined by the rules established by the board or violating the code of ethics adopted and 22 published by the board, including selling or causing to be sold a hearing aid to a person 23 who has not been given tests such as pure tone, air and bone audiometry or other hearing 24 assessments as determined by the board. The results of these tests must be permanently 25 filed; or 26 2. Negligence. Incompetence, negligence or neglect in the conduct of the practice of 27 dealing in and fitting of hearing aids, including, but not limited to, the improper fitting of 28 a hearing aid, the sale of a hearing aid to a person with normal hearing, making an ear 29 mold impression or fitting an ear mold without prior inspection of the external ear canal, 30 making an ear mold impression or fitting an ear mold after prior inspection revealed the 31 presence of, or impacted, cerumen in the ear canal, the failure to indicate the need for 32 medical or audiological evaluation when the prospective purchaser's history reveals a 33 probable risk of disease or progressive hearing impairment, the failure to make the 34 required medical referrals, the incorrect reporting of hearing test results to a person, the 35 failure to be present to fit the final hearing aid in the ear of the purchaser and the 36 tampering with a satisfactorily performing hearing aid owned by a purchaser or potential 37 purchaser to cause that hearing aid to no longer perform correctly.; or Page 6 - 129LR0111(01)-1 1 Sec. 35. 32 MRSA §17307, sub-§3 is enacted to read: 2 3. Prohibited conduct. A violation of section 17311. 3 Sec. 36. 32 MRSA §17311 is enacted to read: 4 §17311. Prohibition on providing conversion therapy to minors 5 An individual licensed under this chapter may not advertise, offer or administer 6 conversion therapy to a minor. 7 Sec. 37. Legislative findings; legislative intent. 8 1. Legislative findings. The Legislature finds that: 9 A. Conversion therapy is a practice or treatment, including but not limited to talk 10 therapy, that seeks or purports to change a person's sexual orientation or gender 11 identity. It is referred to by several names, including sexual orientation change 12 efforts, reparative therapy and reintegrative therapy; 13 B. A wide range of the major health and mental health associations in the United 14 States recognize being lesbian, gay, bisexual or transgender and having same-sex 15 sexual attractions as normal variants of human sexuality and gender identity, rather 16 than an illness or developmental disorder; 17 C. The medical and social science consensus is that conversion therapy is a harmful 18 and ineffective practice or treatment. Conversion therapy is based on the false 19 premise that being lesbian, gay, bisexual or transgender is a mental illness or disorder 20 and is caused by a developmental deficiency, trauma, abuse or unmet emotional 21 needs and that conversion therapy can alter a person's sexual orientation or gender 22 identity; 23 D. There is no competent and reliable scientific evidence supporting claims that 24 conversion therapy can change an individual's sexual orientation; rather, there is 25 substantial competent and reliable scientific evidence that conversion therapy is 26 ineffective and can and often does result in significant health and safety risks to 27 consumers of those services, including depression, guilt, helplessness, hopelessness, 28 shame, social withdrawal, suicidality and substance abuse, as well as economic 29 losses; 30 E. The nation's leading medical and mental health professional organizations, 31 including the American School Counselor Association, the American Psychiatric 32 Association, the American Psychological Association, the American Psychoanalytic 33 Association, the American Counseling Association Governing Council, the American 34 Medical Association, the American Academy of Pediatrics, the American Academy 35 of Family Physicians, the National Association of Social Workers and the Pan 36 American Health Organization have concluded that conversion therapy is both 37 ineffective in changing sexual orientation or gender identity and poses safety and 38 health risks; and 39 F. The State has a compelling interest in protecting the physical and psychological 40 well-being of minors, including the State's lesbian, gay, bisexual and transgender Page 7 - 129LR0111(01)-1 1 youth and those youth seeking to examine or understand their sexual orientation or 2 gender identity, from the advertising, offering and administering of conversion 3 therapy and in protecting its minors from the serious health and safety harms that 4 conversion therapy can cause. 5 2. Legislative intent. It is the intent of the Legislature to protect the public health 6 and the safety of the lesbian, gay, bisexual and transgender youth of the State, and those 7 youth of the State who are seeking to examine or understand their sexual orientation or 8 gender identity, by prohibiting the advertising, offering and administering of therapy 9 designed to change a person's sexual orientation or gender identity, also known as 10 conversion therapy, to individuals under 18 years of age in the State. 11 SUMMARY 12 This bill does the following. 13 1. It defines "conversion therapy" as any practice or course of treatment that seeks or 14 purports to change an individual's sexual orientation or gender identity, except for any 15 practice or treatment that assists an individual undergoing a gender transition; any 16 practice or treatment that provides acceptance, support and understanding to an 17 individual; and any practice or treatment that facilitates an individual's coping, social 18 support or identity exploration and development, including any therapeutic intervention 19 that is neutral with regard to sexual orientation or gender identity, and that seeks to 20 prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling 21 does not seek to change the individual's sexual orientation or gender identity. 22 2. It prohibits certified school psychologists and guidance counselors, nurses, 23 doctors, physician assistants, psychologists, psychological examiners, alcohol and drug 24 counselors and aides, social workers, pharmacists and pharmacy technicians, professional 25 counselors, marriage and family therapists, pastoral counselors, speech-language 26 pathologists and assistants and audiologists from advertising, offering or administering 27 conversion therapy to individuals under 18 years of age. Advertising, offering or 28 administering conversion therapy to an individual under 18 years of age in violation of 29 this prohibition is grounds for discipline of the professional by the department or board 30 that issued the professional's license, certification or registration, including but not 31 limited to suspension or revocation of the license, certification or registration. 32 3. It prohibits MaineCare reimbursement for conversion therapy administered to an 33 individual who is under 18 years of age. 34 4. It includes a statement of legislative findings and intent.

Page 1 - 129LR0111(05)-1 STATE OF MAINE _____ IN THE YEAR OF OUR LORD TWO THOUSAND NINETEEN _____ H.P. 755 - L.D. 1025 An Act To Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals Be it enacted by the People of the State of Maine as follows: Sec. 1. 20-A MRSA §13020, sub-§2-A is enacted to read: 2-A. Grounds for discipline of a school psychologist or guidance counselor. Evidence that a person who is certified under this Title as a school psychologist or guidance counselor has advertised, offered or administered conversion therapy as defined in Title 32, section 59-C, subsection 1 to a child is grounds for discipline of that person. Sec. 2. 20-A MRSA §13020, sub-§3, as enacted by PL 1983, c. 845, §4, is amended to read: 3. Denial of certificate for prior immoral or prohibited conduct. Evidence that an applicant for initial certification or renewal has injured the health or welfare of a child through physical or sexual abuse or exploitation is grounds for a denial of a certificate. Evidence that an applicant for initial certification or renewal as a school psychologist or guidance counselor has advertised, offered or administered conversion therapy as defined in Title 32, section 59-C, subsection 1 to a child is grounds for a denial of a certificate. Notwithstanding Title 5, chapter 341, every person, who, within 5 years of the application for initial certification or renewal, has been convicted in any state or federal court of a criminal offense involving the physical or sexual abuse or exploitation of a child, may be presumed by the commissioner to lack good moral character for the purposes of this chapter. This presumption shall be is a rebuttable presumption. Notwithstanding Title 5, chapter 341, the commissioner shall be is entitled to consider all records of prior criminal convictions involving child abuse or exploitation in determining an applicant's eligibility for a certificate. Sec. 3. 22 MRSA §3174-BBB is enacted to read: APPROVED MAY 29, 2019 BY GOVERNOR CHAPTER 165 PUBLIC LAW Page 2 - 129LR0111(05)-1 §3174-BBB. Coverage for conversion therapy The department may not provide MaineCare reimbursement for conversion therapy as defined in Title 32, section 59-C, subsection 1 administered to a minor. Sec. 4. 32 MRSA §59-C is enacted to read: §59-C. Definitions As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. 1. Conversion therapy. "Conversion therapy" means any practice or treatment that seeks or claims to change an individual's sexual orientation or gender identity, including, but not limited to, any effort to change gender expression or to eliminate or reduce sexual or romantic attractions, feelings or behavior toward others based on the individual's gender. "Conversion therapy" does not include the following: A. Any practice or treatment that assists an individual undergoing a gender transition; B. Any practice or treatment that provides acceptance, support and understanding to an individual as long as the practice or treatment does not seek or claim to change the individual's sexual orientation or gender identity; and C. Any practice or treatment that facilitates an individual's coping, social support or identity exploration and development, including any therapeutic treatment such as talk therapy that is neutral with regard to sexual orientation and gender identity that does not seek or claim to change an individual's sexual orientation or gender identity and that seeks to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek or claim to change the individual's sexual orientation or gender identity. 2. Sexual orientation or gender identity. "Sexual orientation or gender identity" has the same meaning as "sexual orientation" in Title 5, section 4553, subsection 9-C. Sec. 5. 32 MRSA §2105-A, sub-§2, ¶I, as amended by PL 2015, c. 488, §11, is further amended to read: I. Engaging in false, misleading or deceptive advertising; or Sec. 6. 32 MRSA §2105-A, sub-§2, ¶J, as enacted by PL 2015, c. 488, §12, is amended to read: J. Failure to comply with the requirements of Title 22, section 7253.; or Sec. 7. 32 MRSA §2105-A, sub-§2, ¶K is enacted to read: K. A violation of section 2112. Sec. 8. 32 MRSA §2112 is enacted to read: Page 3 - 129LR0111(05)-1 §2112. Prohibition on providing conversion therapy to minors An individual licensed or certified under this chapter may not advertise, offer or administer conversion therapy to a minor. Sec. 9. 32 MRSA §2591-A, sub-§2, ¶N, as amended by PL 2015, c. 488, §15, is further amended to read: N. Revocation, suspension or restriction of a license to practice medicine or other disciplinary action; denial of an application for a license; or surrender of a license to practice medicine following the institution of disciplinary action by another state or a territory of the United States or a foreign country if the conduct resulting in the disciplinary or other action involving the license would, if committed in this State, constitute grounds for discipline under the laws or rules of this State; or Sec. 10. 32 MRSA §2591-A, sub-§2, ¶O, as enacted by PL 2015, c. 488, §16, is amended to read: O. Failure to comply with the requirements of Title 22, section 7253.; or Sec. 11. 32 MRSA §2591-A, sub-§2, ¶P is enacted to read: P. A violation of section 2600-D. Sec. 12. 32 MRSA §2600-D is enacted to read: §2600-D. Prohibition on providing conversion therapy to minors An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. Sec. 13. 32 MRSA §3282-A, sub-§2, ¶R, as amended by PL 2015, c. 488, §18, is further amended to read: R. Failure to timely respond to a complaint notification sent by the board; or Sec. 14. 32 MRSA §3282-A, sub-§2, ¶S, as enacted by PL 2015, c. 488, §19, is amended to read: S. Failure to comply with the requirements of Title 22, section 7253.; or Sec. 15. 32 MRSA §3282-A, sub-§2, ¶T is enacted to read: T. A violation of section 3300-G. Sec. 16. 32 MRSA §3300-G is enacted to read: §3300-G. Prohibition on providing conversion therapy to minors An individual licensed, registered or certified under this chapter may not advertise, offer or administer conversion therapy to a minor. Page 4 - 129LR0111(05)-1 Sec. 17. 32 MRSA §3837-A, sub-§1, ¶¶E and F, as enacted by PL 2007, c. 402, Pt. Q, §14, are amended to read: E. Practice by a licensed psychological examiner at a level requiring a psychologist's license or any representation by a psychological examiner that that psychological examiner is a psychologist; or F. Negligence in the performance of the licensee's duties.; or Sec. 18. 32 MRSA §3837-A, sub-§1, ¶G is enacted to read: G. A violation of section 3837-B. Sec. 19. 32 MRSA §3837-B is enacted to read: §3837-B. Prohibition on providing conversion therapy to minors An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. Sec. 20. 32 MRSA §6217-B, sub-§1, as amended by PL 2017, c. 407, Pt. A, §138, is further amended to read: 1. Active use. Active use of alcohol or any other drug that in the judgment of the board is detrimental to the performance or competency of a licensee of the board; or Sec. 21. 32 MRSA §6217-B, sub-§2, as enacted by PL 2007, c. 402, Pt. U, §12, is amended to read: 2. Mental incompetency. A legal finding of mental incompetency.; or Sec. 22. 32 MRSA §6217-B, sub-§3 is enacted to read: 3. Prohibited conduct. A violation of section 6223. Sec. 23. 32 MRSA §6223 is enacted to read: §6223. Prohibition on providing conversion therapy to minors An individual licensed, certified or registered under this chapter may not advertise, offer or administer conversion therapy to a minor. Sec. 24. 32 MRSA §7006 is enacted to read: §7006. Prohibition on providing conversion therapy to minors An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. Sec. 25. 32 MRSA §7059-A, sub-§§1 and 2, as enacted by PL 2007, c. 402, Pt. V, §14, are amended to read: Page 5 - 129LR0111(05)-1 1. Addiction to the use of alcohol or other drugs. Addiction, as confirmed by medical findings, to the use of alcohol or other drugs, that has resulted in the licensed clinical, licensed master or licensed social worker or certified social worker - independent practice being unable to perform duties or perform those duties in a manner that would not endanger the health or safety of the clients to be served; or 2. Mental incompetency. A medical finding of mental incompetency.; or Sec. 26. 32 MRSA §7059-A, sub-§3 is enacted to read: 3. Prohibited conduct. A violation of section 7006. Sec. 27. 32 MRSA §13742-A, sub-§1, ¶D, as amended by PL 2017, c. 434, §2, is further amended to read: D. Engaging in false, misleading or deceptive advertising; or Sec. 28. 32 MRSA §13742-A, sub-§1, ¶E, as enacted by PL 2017, c. 434, §3, is amended to read: E. Failing to comply with section 13800.; or Sec. 29. 32 MRSA §13742-A, sub-§1, ¶F is enacted to read: F. A violation of section 13800-B. Sec. 30. 32 MRSA §13800-B is enacted to read: §13800-B. Prohibition on providing conversion therapy to minors An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. Sec. 31. 32 MRSA §13861-A, sub-§1, ¶¶B and C, as enacted by PL 2007, c. 402, Pt. EE, §9, are amended to read: B. A medical finding of mental incompetency; and C. Having had any professional or occupational license revoked for disciplinary reasons or any application rejected for reasons relating to untrustworthiness, within 3 years of the date of application.; and Sec. 32. 32 MRSA §13861-A, sub-§1, ¶D is enacted to read: D. A violation of section 13866. Sec. 33. 32 MRSA §13866 is enacted to read: §13866. Prohibition on providing conversion therapy to minors An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. Page 6 - 129LR0111(05)-1 Sec. 34. 32 MRSA §17307, sub-§§1 and 2, as enacted by PL 2007, c. 369, Pt. C, §3 and affected by §5, are amended to read: 1. Unfair and deceptive practices. Engaging in unfair or deceptive practices as defined by the rules established by the board or violating the code of ethics adopted and published by the board, including selling or causing to be sold a hearing aid to a person who has not been given tests such as pure tone, air and bone audiometry or other hearing assessments as determined by the board. The results of these tests must be permanently filed; or 2. Negligence. Incompetence, negligence or neglect in the conduct of the practice of dealing in and fitting of hearing aids, including, but not limited to, the improper fitting of a hearing aid, the sale of a hearing aid to a person with normal hearing, making an ear mold impression or fitting an ear mold without prior inspection of the external ear canal, making an ear mold impression or fitting an ear mold after prior inspection revealed the presence of, or impacted, cerumen in the ear canal, the failure to indicate the need for medical or audiological evaluation when the prospective purchaser's history reveals a probable risk of disease or progressive hearing impairment, the failure to make the required medical referrals, the incorrect reporting of hearing test results to a person, the failure to be present to fit the final hearing aid in the ear of the purchaser and the tampering with a satisfactorily performing hearing aid owned by a purchaser or potential purchaser to cause that hearing aid to no longer perform correctly.; or Sec. 35. 32 MRSA §17307, sub-§3 is enacted to read: 3. Prohibited conduct. A violation of section 17311. Sec. 36. 32 MRSA §17311 is enacted to read: §17311. Prohibition on providing conversion therapy to minors An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. Sec. 37. Legislative findings; legislative intent. 1. Legislative findings. The Legislature finds that: A. Conversion therapy is a practice or treatment, including but not limited to talk therapy, that seeks or claims to change a person's sexual orientation or gender identity. It is also referred to by other names, such as sexual orientation change efforts, gender identity change efforts, reparative therapy and reintegrative therapy; B. A wide range of the major health and mental health associations in the United States recognize being lesbian, gay, bisexual or transgender and having same-sex sexual attractions as normal variants of human sexuality and gender identity, rather than an illness or developmental disorder; C. The medical and social science consensus is that conversion therapy is a harmful and ineffective practice or treatment. Conversion therapy is based on the false Page 7 - 129LR0111(05)-1 premise that being lesbian, gay, bisexual or transgender is a mental illness or disorder and is caused by a developmental deficiency, trauma, abuse or unmet emotional needs and that conversion therapy can alter a person's sexual orientation or gender identity; D. There is no competent and reliable scientific evidence supporting claims that conversion therapy can change an individual's sexual orientation; rather, there is substantial competent and reliable scientific evidence, including recently published research on young adults who experienced conversion therapy as children, that conversion therapy is ineffective and can and often does result in significant health and safety risks to consumers of those services, including suicidality, depression, guilt, helplessness, hopelessness, shame, social withdrawal and difficulties, substance use disorder and loss of religious faith as well as reduced educational and vocational development and economic losses; E. In 2015, the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration developed an expert consensus about how to address distress and conflicts about sexual orientation and gender identity in minors and concluded that conversion therapy for minors is not an appropriate treatment because it can be harmful and creates poor psychosocial outcomes, such as heightened psychological distress, compromised overall well- being and increased health disparities. Additionally, the Substance Abuse and Mental Health Services Administration concluded that conversion therapy is coercive in directing the child to conform to any gender expression or sexual orientation, or directing the parents to place pressure for specific gender expressions, gender identities and sexual orientations, and that doing so is inappropriate and reinforces harmful gender and sexual orientation stereotypes; F. The nation's leading medical and mental health professional organizations, including the American School Counselor Association, the American Psychiatric Association, the American Psychological Association, the American Association of Child and Adolescent Psychiatry, the American Psychoanalytic Association, the American Counseling Association Governing Council, the American Medical Association, the American Academy of Pediatrics, the American Academy of Family Physicians, the National Association of Social Workers, the Pan American Health Organization and the World Professional Association for Transgender Health, have concluded that conversion therapy is ineffective in changing sexual orientation or gender identity and poses safety and health risks; and G. The State has a compelling interest in protecting the physical and psychological well-being of minors, including the State's lesbian, gay, bisexual and transgender youth and those youth seeking to examine or understand their sexual orientation or gender identity, from the advertising, offering and administering of conversion therapy and in protecting its minors from the serious health and safety harms that conversion therapy can cause. 2. Legislative intent. It is the intent of the Legislature to protect the public health and the safety of all youth of the State, including lesbian, gay, bisexual and transgender youth and those youth seeking to examine or understand their sexual orientation or gender identity, by prohibiting the advertising, offering and administering of therapy Page 8 - 129LR0111(05)-1 designed to change a person's sexual orientation or gender identity, also known as conversion therapy, to individuals under 18 years of age in the State.