Text of MN HF 16 (2023)

1.1 A bill for an act​ 1.2 relating to health; prohibiting conversion therapy with children or vulnerable adults;​ 1.3 prohibiting medical assistance coverage for conversion therapy; prohibiting the​ 1.4 misrepresentation of conversion therapy services or products; amending Minnesota​ 1.5 Statutes 2022, sections 256B.0625, by adding a subdivision; 325F.69, by adding​ 1.6 a subdivision; proposing coding for new law in Minnesota Statutes, chapter 214.​ 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.8 Section 1. [214.078] PROTECTION FROM CONVERSION THERAPY.​ 1.9 Subdivision 1. Definition. "Conversion therapy" means any practice by a mental health​ 1.10 practitioner or mental health professional as defined in sections 245.462, subdivision 17,​ 1.11 and 245.4871, subdivision 27, that seeks to change an individual's sexual orientation or​ 1.12 gender identity, including efforts to change behaviors or gender expressions or to eliminate​ 1.13 or reduce sexual or romantic attractions or feelings toward individuals of the same gender.​ 1.14 Conversion therapy does not include counseling that provides assistance to an individual​ 1.15 undergoing gender transition, or counseling that provides acceptance, support, and​ 1.16 understanding of an individual or facilitates an individual's coping, social support, and​ 1.17 identity exploration and development, including sexual-orientation-neutral interventions to​ 1.18 prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling​ 1.19 does not seek to change an individual's sexual orientation or gender identity.​ 1.20 Subd. 2. Prohibition. (a) No mental health practitioner or mental health professional​ 1.21 shall engage in conversion therapy with a client younger than 18 years of age or with a​ 1.22 vulnerable adult as defined in section 626.5572, subdivision 21.​ 1.23 (b) Conversion therapy attempted by a mental health practitioner or mental health​ 1.24 professional with a client younger than 18 years of age or with a vulnerable adult shall be​ 1​ Section 1.​ REVISOR AGW/CH 23-01618​ 12/29/22 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 16​ NINETY-THIRD SESSION​ Authored by Hollins; Keeler; Stephenson; Hanson, J.; Becker-Finn and others​ 01/04/2023​ The bill was read for the first time and referred to the Committee on Human Services Policy​ 2.1 considered unprofessional conduct that may subject the mental health practitioner or mental​ 2.2 health professional to disciplinary action by the licensing board of the mental health​ 2.3 practitioner or mental health professional.​ 2.4 EFFECTIVE DATE. This section is effective the day following final enactment.​ 2.5 Sec. 2. Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision​ 2.6 to read:​ 2.7 Subd. 5n. Conversion therapy. Medical assistance does not cover conversion therapy​ 2.8 as defined in section 214.078, subdivision 1.​ 2.9 Sec. 3. Minnesota Statutes 2022, section 325F.69, is amended by adding a subdivision to​ 2.10 read:​ 2.11 Subd. 7. Advertisement and sales; misrepresentation of conversion therapy. (a) For​ 2.12 purposes of this subdivision, "conversion therapy" means services or products that are​ 2.13 intended to change an individual's sexual orientation or gender identity, including efforts​ 2.14 to change behaviors and gender expressions or to eliminate or reduce sexual or romantic​ 2.15 attractions or feelings toward individuals of the same gender.​ 2.16 (b) No person or entity shall, while conducting any trade or commerce, use or employ​ 2.17 any fraud, false pretense, false promise, false guarantee, misrepresentation, false or​ 2.18 misleading statements, or deceptive practice by advertising or otherwise offering conversion​ 2.19 therapy services that could reasonably be interpreted or inferred as representing​ 2.20 homosexuality as a mental disease, disorder, or illness, or guaranteeing to change an​ 2.21 individual's sexual orientation or gender identity.​ 2​ Sec. 3.​ REVISOR AGW/CH 23-01618​ 12/29/22 ​

1.1 A bill for an act​ 1.2 relating to health; prohibiting conversion therapy with children or vulnerable adults;​ 1.3 prohibiting medical assistance coverage for conversion therapy; prohibiting the​ 1.4 misrepresentation of conversion therapy services or products; amending Minnesota​ 1.5 Statutes 2022, sections 256B.0625, by adding a subdivision; 325F.69, by adding​ 1.6 a subdivision; proposing coding for new law in Minnesota Statutes, chapter 214.​ 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.8 Section 1. [214.078] PROTECTION FROM CONVERSION THERAPY.​ 1.9 Subdivision 1. Definitions. (a) "Client" for purposes of this section means a person​ 1.10 requesting or receiving services from a mental health practitioner or mental health​ 1.11 professional within the context of a relationship that a reasonable person would construe​ 1.12 as a professional relationship. A client may include a child, adolescent, adult, couple, family,​ 1.13 group, organization, community, or other entity.​ 1.14 (b) "Conversion therapy" means any practice by a mental health practitioner as defined​ 1.15 in section 245I.02, subdivision 26, or mental health professional as defined in section​ 1.16 245I.02, subdivision 27, that seeks to change an individual's sexual orientation or gender​ 1.17 identity, including efforts to change behaviors or gender expressions or to eliminate or​ 1.18 reduce sexual or romantic attractions or feelings toward individuals of the same gender.​ 1.19 Conversion therapy does not include counseling, practice, or treatment that provides​ 1.20 assistance to an individual undergoing gender transition, or counseling, practice, or treatment​ 1.21 that provides acceptance, support, and understanding of an individual or facilitates an​ 1.22 individual's coping, social support, and identity exploration and development, including​ 1.23 sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe​ 1​ Section 1.​ REVISOR AGW H0016-3​ HF16 THIRD ENGROSSMENT​ 46​ Printed​ Page No.​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 16​ NINETY-THIRD SESSION​ Authored by Hollins; Keeler; Stephenson; Hanson, J.; Becker-Finn and others​ 01/04/2023​ The bill was read for the first time and referred to the Committee on Human Services Policy​ Adoption of Report: Amended and re-referred to the Committee on Health Finance and Policy​ 01/23/2023​ Adoption of Report: Amended and re-referred to the Committee on Commerce Finance and Policy​ 01/26/2023​ Adoption of Report: Placed on the General Register​ 02/02/2023​ Read for the Second Time​ Calendar for the Day, Amended​ 02/20/2023​ Read Third Time as Amended​ Passed by the House as Amended and transmitted to the Senate to include Floor Amendments​ 2.1 sexual practices, as long as the counseling, practice, or treatment does not seek to change​ 2.2 an individual's sexual orientation or gender identity.​ 2.3 Subd. 2. Prohibition. (a) No mental health practitioner or mental health professional​ 2.4 shall engage in conversion therapy with a client younger than 18 years of age or with a​ 2.5 client who is a vulnerable adult as defined in section 626.5572, subdivision 21.​ 2.6 (b) Conversion therapy attempted by a mental health practitioner or mental health​ 2.7 professional with a client younger than 18 years of age or with a client who is a vulnerable​ 2.8 adult shall be considered unprofessional conduct that may subject the mental health​ 2.9 practitioner or mental health professional to disciplinary action by the licensing board of​ 2.10 the mental health practitioner or mental health professional.​ 2.11 EFFECTIVE DATE. This section is effective the day following final enactment.​ 2.12 Sec. 2. Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision​ 2.13 to read:​ 2.14 Subd. 5n. Conversion therapy. Medical assistance does not cover conversion therapy​ 2.15 as defined in section 214.078, subdivision 1.​ 2.16 Sec. 3. Minnesota Statutes 2022, section 325F.69, is amended by adding a subdivision to​ 2.17 read:​ 2.18 Subd. 7. Advertisement and sales; misrepresentation of conversion therapy. (a) For​ 2.19 purposes of this subdivision, "conversion therapy" means services or products that are​ 2.20 intended to change an individual's sexual orientation or gender identity, including efforts​ 2.21 to change behaviors and gender expressions or to eliminate or reduce sexual or romantic​ 2.22 attractions or feelings toward individuals of the same gender.​ 2.23 (b) No person or entity shall, while conducting any trade or commerce, use or employ​ 2.24 any fraud, false pretense, false promise, false guarantee, misrepresentation, false or​ 2.25 misleading statements, or deceptive practice by advertising or otherwise offering conversion​ 2.26 therapy services that could reasonably be interpreted or inferred as representing​ 2.27 homosexuality as a mental disease, disorder, or illness, or guaranteeing to change an​ 2.28 individual's sexual orientation or gender identity.​ 2​ Sec. 3.​ REVISOR AGW H0016-3​ HF16 THIRD ENGROSSMENT​