Text of MN SF 23 (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.​ 23-01618 as introduced​ 12/29/22 REVISOR AGW/CH​ SENATE​ STATE OF MINNESOTA​ S.F. No. 23​ NINETY-THIRD SESSION​ (SENATE AUTHORS: DIBBLE)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 01/04/2023​ Referred to Health and Human Services​ 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.​ 23-01618 as introduced​ 12/29/22 REVISOR AGW/CH​