Text of MO HB 1091 (2025)

FIRST REGULAR SESSION HOUSE BILL NO. 1091 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE DEAN. 2432H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal sections 337.035, 337.330, 337.525, 337.630, and 337.730, RSMo, and to enact in lieu thereof five new sections relating to conversion therapy for minors. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 337.035, 337.330, 337.525, 337.630, and 337.730, RSMo, are 2 repealed and five new sections enacted in lieu thereof, to be known as sections 337.035, 3 337.330, 337.525, 337.630, and 337.730, to read as follows: 337.035. 1. The committee may refuse to issue any certificate of registration or 2 authority, permit or license required pursuant to this chapter for one or any combination of 3 causes stated in subsection 2 of this section. The committee shall notify the applicant in 4 writing of the reasons for the refusal and shall advise the applicant of the applicant's right to 5 file a complaint with the administrative hearing commission as provided by chapter 621. 6 2. The committee may cause a complaint to be filed with the administrative hearing 7 commission as provided by chapter 621 against any holder of any certificate of registration or 8 authority, permit or license required by this chapter or any person who has failed to renew or 9 has surrendered the person's certificate of registration or authority, permit or license for any 10 one or any combination of the following causes: 11 (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage 12 to an extent that such use impairs a person's ability to perform the work of any profession 13 licensed or regulated by this chapter; 14 (2) The person has been finally adjudicated and found guilty, or entered a plea of 15 guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United 16 States, or of any country, for any offense directly related to the duties and responsibilities of EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 17 the occupation, as set forth in section 324.012, regardless of whether or not sentence is 18 imposed; 19 (3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of 20 registration or authority, permit or license issued pursuant to this chapter or in obtaining 21 permission to take any examination given or required pursuant to this chapter; 22 (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation 23 by fraud, deception or misrepresentation; 24 (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or 25 dishonesty in the performance of the functions or duties of any profession licensed or 26 regulated by this chapter; 27 (6) Violation of, or assisting or enabling any person to violate, any provision of this 28 chapter, or of any lawful rule or regulation adopted pursuant to this chapter; 29 (7) Impersonation of any person holding a certificate of registration or authority, 30 permit or license or allowing any person to use his or her certificate of registration or 31 authority, permit, license or diploma from any school; 32 (8) Disciplinary action against the holder of a license or other right to practice any 33 profession regulated by this chapter granted by another state, territory, federal agency or 34 country upon grounds for which revocation or suspension is authorized in this state; 35 (9) A person is finally adjudged insane or incapacitated by a court of competent 36 jurisdiction; 37 (10) Assisting or enabling any person to practice or offer to practice any profession 38 licensed or regulated by this chapter who is not registered and currently eligible to practice as 39 provided this chapter; 40 (11) Issuance of a certificate of registration or authority, permit or license based upon 41 a material mistake of fact; 42 (12) Failure to display a valid certificate or license if so required by this chapter or 43 any rule promulgated pursuant to this chapter; 44 (13) Violation of any professional trust or confidence; 45 (14) Use of any advertisement or solicitation which is false, misleading or deceptive 46 to the general public or persons to whom the advertisement or solicitation is primarily 47 directed; 48 (15) Being guilty of unethical conduct as defined in "Ethical Rules of Conduct" as 49 adopted by the committee and filed with the secretary of state; 50 (16) Engaging in conversion therapy with a minor. For purposes of this 51 subdivision, the term "conversion therapy" means any practices or treatments that seek 52 to change an individual's sexual orientation or gender identity, including efforts to 53 change behaviors or gender expressions or to eliminate or reduce sexual or romantic HB 1091 2 54 attractions or feelings toward individuals of the same gender. "Conversion therapy" 55 shall not include counseling that provides assistance to a person undergoing gender 56 transition or counseling that provides acceptance, support, and understanding of a 57 person or facilitates a person's coping, social support, and identity exploration and 58 development, including sexual-orientation-neutral interventions to prevent or address 59 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to 60 change an individual's sexual orientation or gender identity. 61 3. After the filing of such complaint, the proceedings shall be conducted in 62 accordance with the provisions of chapter 621. Upon a finding by the administrative hearing 63 commission that the grounds, provided in subsection 2 of this section, for disciplinary action 64 are met, the committee may, singly or in combination, censure or place the person named in 65 the complaint on probation on such terms and conditions as the department deems appropriate 66 for a period not to exceed five years, or may suspend, for a period not to exceed three years, 67 or revoke the license, certificate, or permit. 68 4. An interested third party may file a complaint or appear or present evidence 69 relative to such complaint or another complaint filed pursuant to this section. For purposes of 70 this section, an interested third party includes a parent or guardian of a person who received 71 treatment by a psychologist or any person who is related within the second degree of 72 consanguinity or affinity and who is financially responsible for the payment of such 73 treatment. 337.330. 1. The committee may refuse to issue any license required under this 2 chapter for one or any combination of causes stated in subsection 2 of this section. The 3 committee shall notify the applicant in writing of the reasons for the refusal and shall advise 4 the applicant of the applicant's right to file a complaint with the administrative hearing 5 commission as provided by chapter 621. 6 2. The committee may cause a complaint to be filed with the administrative hearing 7 commission, as provided by chapter 621, against any holder of any license required by this 8 chapter or any person who has failed to renew or has surrendered the person's license for any 9 one or any combination of the following causes: 10 (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage 11 to an extent that such use impairs a person's ability to perform the work of any profession 12 licensed or regulated by this chapter; 13 (2) The person has been finally adjudicated and found guilty, or entered a plea of 14 guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United 15 States, or of any country for any offense directly related to the duties and responsibilities of 16 the occupation, as set forth in section 324.012, regardless of whether or not sentence is 17 imposed; HB 1091 3 18 (3) Use of fraud, deception, misrepresentation or bribery in securing any permit or 19 license issued under this chapter or in obtaining permission to take any examination given or 20 required under sections 337.300 to 337.345; 21 (4) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation 22 by fraud, deception or misrepresentation; 23 (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation, or 24 dishonesty in the performance of the functions or duties of any profession licensed by 25 sections 337.300 to 337.345; 26 (6) Violation of, or assisting or enabling any person to violate, any provision of 27 sections 337.300 to 337.345, or of any lawful rule adopted thereunder; 28 (7) Impersonation of any person holding a certificate of registration or authority, 29 permit or license or allowing any person to use his or her certificate of registration or 30 authority, permit, license, or diploma from any school; 31 (8) Disciplinary action against the holder of a license or other right to practice any 32 profession regulated by sections 337.300 to 337.345 granted by another state, territory, 33 federal agency, or country upon grounds for which revocation or suspension is authorized in 34 this state; 35 (9) A person is finally adjudged insane or incapacitated by a court of competent 36 jurisdiction; 37 (10) Assisting or enabling any person to practice or offer to practice any profession 38 licensed or regulated by sections 337.300 to 337.345 who is not registered and currently 39 eligible to practice as provided in sections 337.300 to 337.345; 40 (11) Issuance of a certificate of registration or authority, permit, or license based upon 41 a material mistake of fact; 42 (12) Failure to display a valid certificate or license if so required by sections 337.300 43 to 337.345 or any rule promulgated thereunder; 44 (13) Violation of any professional trust or confidence; 45 (14) Use of any advertisement or solicitation which is false, misleading, or deceptive 46 to the general public or persons to whom the advertisement or solicitation is primarily 47 directed; 48 (15) Being guilty of unethical conduct as defined in the code of conduct as adopted 49 by the committee and filed with the secretary of state; 50 (16) Engaging in conversion therapy with a minor. For purposes of this 51 subdivision, the term "conversion therapy" means any practices or treatments that seek 52 to change an individual's sexual orientation or gender identity, including efforts to 53 change behaviors or gender expressions or to eliminate or reduce sexual or romantic 54 attractions or feelings toward individuals of the same gender. "Conversion therapy" HB 1091 4 55 shall not include counseling that provides assistance to a person undergoing gender 56 transition or counseling that provides acceptance, support, and understanding of a 57 person or facilitates a person's coping, social support, and identity exploration and 58 development, including sexual-orientation-neutral interventions to prevent or address 59 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to 60 change an individual's sexual orientation or gender identity. 61 3. After the filing of such complaint, the proceedings shall be conducted in 62 accordance with the provisions of chapter 621. Upon a finding by the administrative hearing 63 commission that the grounds, provided in subsection 2 of this section, for disciplinary action 64 are met, the committee may, singly or in combination, censure or place the person named in 65 the complaint on probation on such terms and conditions as the department deems appropriate 66 for a period not to exceed five years, or may suspend, for a period not to exceed three years, 67 or revoke the license, certificate, or permit. 337.525. 1. The committee may refuse to issue or renew any license required by the 2 provisions of sections 337.500 to 337.540 for one or any combination of causes stated in 3 subsection 2 of this section. The committee shall notify the applicant in writing of the reasons 4 for the refusal and shall advise the applicant of his or her right to file a complaint with the 5 administrative hearing commission as provided by chapter 621. 6 2. The committee may cause a complaint to be filed with the administrative hearing 7 commission as provided by chapter 621 against any holder of any license required by sections 8 337.500 to 337.540 or any person who has failed to renew or has surrendered his license for 9 any one or any combination of the following causes: 10 (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage 11 to an extent that such use impairs a person's ability to engage in the occupation of 12 professional counselor; 13 (2) The person has been finally adjudicated and found guilty, or entered a plea of 14 guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United 15 States, or of any country, for any offense directly related to the duties and responsibilities of 16 the occupation, as set forth in section 324.012, regardless of whether or not sentence is 17 imposed; 18 (3) Use of fraud, deception, misrepresentation or bribery in securing any license 19 issued pursuant to the provisions of sections 337.500 to 337.540 or in obtaining permission to 20 take any examination given or required pursuant to the provisions of sections 337.500 to 21 337.540; 22 (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation 23 by fraud, deception or misrepresentation; HB 1091 5 24 (5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the 25 performance of the functions or duties of a professional counselor; 26 (6) Violation of, or assisting or enabling any person to violate, any provision of 27 sections 337.500 to 337.540, or of any lawful rule or regulation adopted pursuant to sections 28 337.500 to 337.540; 29 (7) Impersonation of any person holding a license or allowing any person to use his or 30 her license or diploma from any school; 31 (8) Revocation or suspension of a license or other right to practice counseling granted 32 by another state, territory, federal agency or country upon grounds for which revocation or 33 suspension is authorized in this state; 34 (9) A person is finally adjudged incapacitated by a court of competent jurisdiction; 35 (10) Assisting or enabling any person to practice or offer to practice professional 36 counseling who is not licensed and currently eligible to practice under the provisions of 37 sections 337.500 to 337.540; 38 (11) Issuance of a license based upon a material mistake of fact; 39 (12) Failure to display a valid license if so required by sections 337.500 to 337.540 or 40 any rule promulgated hereunder; 41 (13) Violation of any professional trust or confidence; 42 (14) Use of any advertisement or solicitation which is false, misleading or deceptive 43 to the general public or persons to whom the advertisement or solicitation is primarily 44 directed; 45 (15) Being guilty of unethical conduct as defined in the ethical standards for 46 counselors adopted by the division and filed with the secretary of state; 47 (16) Engaging in conversion therapy with a minor. For purposes of this 48 subdivision, the term "conversion therapy" means any practices or treatments that seek 49 to change an individual's sexual orientation or gender identity, including efforts to 50 change behaviors or gender expressions or to eliminate or reduce sexual or romantic 51 attractions or feelings toward individuals of the same gender. "Conversion therapy" 52 shall not include counseling that provides assistance to a person undergoing gender 53 transition or counseling that provides acceptance, support, and understanding of a 54 person or facilitates a person's coping, social support, and identity exploration and 55 development, including sexual-orientation-neutral interventions to prevent or address 56 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to 57 change an individual's sexual orientation or gender identity. 58 3. Any person, organization, association or corporation who reports or provides 59 information to the committee pursuant to the provisions of this chapter and who does so in 60 good faith shall not be subject to an action for civil damages as a result thereof. HB 1091 6 61 4. After the filing of such complaint, the proceedings shall be conducted in 62 accordance with the provisions of chapter 621. Upon a finding by the administrative hearing 63 commission that the grounds, provided in subsection 2 of this section, for disciplinary action 64 are met, the committee may censure or place the person named in the complaint on probation 65 on such terms and conditions as the committee deems appropriate for a period not to exceed 66 five years, or may suspend, for a period not to exceed three years, or revoke the license. 337.630. 1. The committee may refuse to issue or renew any license required by the 2 provisions of sections 337.600 to 337.689 for one or any combination of causes stated in 3 subsection 2 of this section. The committee shall notify the applicant in writing of the reasons 4 for the refusal and shall advise the applicant of the applicant's right to file a complaint with 5 the administrative hearing commission as provided by chapter 621. 6 2. The committee may cause a complaint to be filed with the administrative hearing 7 commission as provided by chapter 621 against any holder of any license required by sections 8 337.600 to 337.689 or any person who has failed to renew or has surrendered the person's 9 license for any one or any combination of the following causes: 10 (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage 11 to an extent that such use impairs a person's ability to engage in the occupation of social work 12 licensed under this chapter; except that the fact that a person has undergone treatment for past 13 substance or alcohol abuse and/or has participated in a recovery program, shall not by itself 14 be cause for refusal to issue or renew a license; 15 (2) The person has been finally adjudicated and found guilty, or entered a plea of 16 guilty or nolo contendere, in a criminal prosecution pursuant to the laws of any state, of the 17 United States, or of any country, for any offense directly related to the duties and 18 responsibilities of the occupation, as set forth in section 324.012, regardless of whether or not 19 sentence is imposed; 20 (3) Use of fraud, deception, misrepresentation or bribery in securing any license 21 issued pursuant to the provisions of sections 337.600 to 337.689 or in obtaining permission to 22 take any examination given or required pursuant to the provisions of sections 337.600 to 23 337.689; 24 (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation 25 by fraud, deception or misrepresentation; 26 (5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the 27 performance of the functions or duties of a social worker licensed pursuant to this chapter; 28 (6) Violation of, or assisting or enabling any person to violate, any provision of 29 sections 337.600 to 337.689, or of any lawful rule or regulation adopted pursuant to sections 30 337.600 to 337.689; HB 1091 7 31 (7) Impersonation of any person holding a license or allowing any person to use the 32 person's license or diploma from any school; 33 (8) Revocation or suspension of a license or other right to practice social work 34 licensed pursuant to this chapter granted by another state, territory, federal agency or country 35 upon grounds for which revocation or suspension is authorized in this state; 36 (9) Final adjudication as incapacitated by a court of competent jurisdiction; 37 (10) Assisting or enabling any person to practice or offer to practice social work 38 licensed pursuant to this chapter who is not licensed and currently eligible to practice 39 pursuant to the provisions of sections 337.600 to 337.689; 40 (11) Obtaining a license based upon a material mistake of fact; 41 (12) Failure to display a valid license if so required by sections 337.600 to 337.689 or 42 any rule promulgated hereunder; 43 (13) Violation of any professional trust or confidence; 44 (14) Use of any advertisement or solicitation which is false, misleading or deceptive 45 to the general public or persons to whom the advertisement or solicitation is primarily 46 directed; 47 (15) Being guilty of unethical conduct as defined in the ethical standards for clinical 48 social workers adopted by the committee by rule and filed with the secretary of state; 49 (16) Engaging in conversion therapy with a minor. For purposes of this 50 subdivision, the term "conversion therapy" means any practices or treatments that seek 51 to change an individual's sexual orientation or gender identity, including efforts to 52 change behaviors or gender expressions or to eliminate or reduce sexual or romantic 53 attractions or feelings toward individuals of the same gender. "Conversion therapy" 54 shall not include counseling that provides assistance to a person undergoing gender 55 transition or counseling that provides acceptance, support, and understanding of a 56 person or facilitates a person's coping, social support, and identity exploration and 57 development, including sexual-orientation-neutral interventions to prevent or address 58 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to 59 change an individual's sexual orientation or gender identity. 60 3. Any person, organization, association or corporation who reports or provides 61 information to the committee pursuant to the provisions of sections 337.600 to 337.689 and 62 who does so in good faith shall not be subject to an action for civil damages as a result 63 thereof. 64 4. After the filing of such complaint, the proceedings shall be conducted in 65 accordance with the provisions of chapter 621. Upon a finding by the administrative hearing 66 commission that the grounds, provided in subsection 2 of this section, for disciplinary action 67 are met, the committee may censure or place the person named in the complaint on probation HB 1091 8 68 on such terms and conditions as the committee deems appropriate for a period not to exceed 69 five years, or may suspend, for a period not to exceed three years, or revoke the license. 337.730. 1. The committee may refuse to issue or renew any license required by the 2 provisions of sections 337.700 to 337.739 for one or any combination of causes stated in 3 subsection 2 of this section. The committee shall notify the applicant in writing of the reasons 4 for the refusal and shall advise the applicant of the applicant's right to file a complaint with 5 the administrative hearing commission as provided by chapter 621. 6 2. The committee may cause a complaint to be filed with the administrative hearing 7 commission as provided by chapter 621 against any holder of any license required by sections 8 337.700 to 337.739 or any person who has failed to renew or has surrendered the person's 9 license for any one or any combination of the following causes: 10 (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage 11 to an extent that such use impairs a person's ability to engage in the occupation of marital and 12 family therapist; except the fact that a person has undergone treatment for past substance or 13 alcohol abuse or has participated in a recovery program, shall not by itself be cause for refusal 14 to issue or renew a license; 15 (2) The person has been finally adjudicated and found guilty, or entered a plea of 16 guilty in a criminal prosecution under the laws of any state, of the United States, or of any 17 country, for any offense directly related to the duties and responsibilities of the occupation, as 18 set forth in section 324.012, regardless of whether or not sentence is imposed; 19 (3) Use of fraud, deception, misrepresentation or bribery in securing any license 20 issued pursuant to the provisions of sections 337.700 to 337.739 or in obtaining permission to 21 take any examination given or required pursuant to the provisions of sections 337.700 to 22 337.739; 23 (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation 24 by fraud, deception or misrepresentation; 25 (5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the 26 performance of the functions or duties of a marital and family therapist; 27 (6) Violation of, or assisting or enabling any person to violate, any provision of 28 sections 337.700 to 337.739 or of any lawful rule or regulation adopted pursuant to sections 29 337.700 to 337.739; 30 (7) Impersonation of any person holding a license or allowing any person to use the 31 person's license or diploma from any school; 32 (8) Revocation or suspension of a license or other right to practice marital and family 33 therapy granted by another state, territory, federal agency or country upon grounds for which 34 revocation or suspension is authorized in this state; 35 (9) Final adjudication as incapacitated by a court of competent jurisdiction; HB 1091 9 36 (10) Assisting or enabling any person to practice or offer to practice marital and 37 family therapy who is not licensed and is not currently eligible to practice under the 38 provisions of sections 337.700 to 337.739; 39 (11) Obtaining a license based upon a material mistake of fact; 40 (12) Failure to display a valid license if so required by sections 337.700 to 337.739 or 41 any rule promulgated hereunder; 42 (13) Violation of any professional trust or confidence; 43 (14) Use of any advertisement or solicitation which is false, misleading or deceptive 44 to the general public or persons to whom the advertisement or solicitation is primarily 45 directed; 46 (15) Being guilty of unethical conduct as defined in the ethical standards for marital 47 and family therapists adopted by the committee by rule and filed with the secretary of state; 48 (16) Engaging in conversion therapy with a minor. For purposes of this 49 subdivision, the term "conversion therapy" means any practices or treatments that seek 50 to change an individual's sexual orientation or gender identity, including efforts to 51 change behaviors or gender expressions or to eliminate or reduce sexual or romantic 52 attractions or feelings toward individuals of the same gender. "Conversion therapy" 53 shall not include counseling that provides assistance to a person undergoing gender 54 transition or counseling that provides acceptance, support, and understanding of a 55 person or facilitates a person's coping, social support, and identity exploration and 56 development, including sexual-orientation-neutral interventions to prevent or address 57 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to 58 change an individual's sexual orientation or gender identity. 59 3. Any person, organization, association or corporation who reports or provides 60 information to the committee under sections 337.700 to 337.739 and who does so in good 61 faith shall not be subject to an action for civil damages as a result thereof. 62 4. After filing of such complaint, the proceedings shall be conducted in accordance 63 with the provisions of chapter 621. Upon a finding by the administrative hearing commission 64 that the grounds provided in subsection 2 of this section for disciplinary action are met, the 65 division may censure or place the person named in the complaint on probation on such terms 66 and conditions as the committee deems appropriate for a period not to exceed five years, or 67 may suspend for a period not to exceed three years, or revoke the license. ✔ HB 1091 10