Text of MO SB 285 (2025)

FIRST REGULAR SESSION SENATE BILL NO. 285 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR MCCREERY. 0558S.01I KRISTINA MARTIN, Secretary 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of the State of Missouri, as follows: Section A. Sections 337.035, 337.330, 337.525, 337.630, 1 and 337.730, RSMo, are repealed and five new sections enacted 2 in lieu thereof, to be known as sections 337.035, 337.330, 3 337.525, 337.630, and 337.730, to read as follows: 4 337.035. 1. The committee may refuse to issue any 1 certificate of registration or authority, permit or license 2 required pursuant to this chapter for one or any combination 3 of causes stated in subsection 2 of this section. The 4 committee shall notify the applicant in writing of the 5 reasons for the refusal and shall advise the applicant of 6 the applicant's right to file a complaint with the 7 administrative hearing commission as provided by chapter 621. 8 2. The committee may cause a complaint to be filed 9 with the administrative hearing commission as provided by 10 chapter 621 against any holder of any certificate of 11 registration or authority, permit or license required by 12 this chapter or any person who has failed to renew or has 13 surrendered the person's certificate of registration or 14 authority, permit or license for any one or any combination 15 of the following causes: 16 SB 285 2 (1) Use of any controlled substance, as defined in 17 chapter 195, or alcoholic beverage to an extent that such 18 use impairs a person's ability to perform the work of any 19 profession licensed or regulated by this chapter; 20 (2) The person has been finally adjudicated and found 21 guilty, or entered a plea of guilty or nolo contendere, in a 22 criminal prosecution under the laws of any state, of the 23 United States, or of any country, for any offense directly 24 related to the duties and responsibilities of the 25 occupation, as set forth in section 324.012, regardless of 26 whether or not sentence is imposed; 27 (3) Use of fraud, deception, misrepresentation or 28 bribery in securing any certificate of registration or 29 authority, permit or license issued pursuant to this chapter 30 or in obtaining permission to take any examination given or 31 required pursuant to this chapter; 32 (4) Obtaining or attempting to obtain any fee, charge, 33 tuition or other compensation by fraud, deception or 34 misrepresentation; 35 (5) Incompetency, misconduct, gross negligence, fraud, 36 misrepresentation or dishonesty in the performance of the 37 functions or duties of any profession licensed or regulated 38 by this chapter; 39 (6) Violation of, or assisting or enabling any person 40 to violate, any provision of this chapter, or of any lawful 41 rule or regulation adopted pursuant to this chapter; 42 (7) Impersonation of any person holding a certificate 43 of registration or authority, permit or license or allowing 44 any person to use his or her certificate of registration or 45 authority, permit, license or diploma from any school; 46 (8) Disciplinary action against the holder of a 47 license or other right to practice any profession regulated 48 SB 285 3 by this chapter granted by another state, territory, federal 49 agency or country upon grounds for which revocation or 50 suspension is authorized in this state; 51 (9) A person is finally adjudged insane or 52 incapacitated by a court of competent jurisdiction; 53 (10) Assisting or enabling any person to practice or 54 offer to practice any profession licensed or regulated by 55 this chapter who is not registered and currently eligible to 56 practice as provided this chapter; 57 (11) Issuance of a certificate of registration or 58 authority, permit or license based upon a material mistake 59 of fact; 60 (12) Failure to display a valid certificate or license 61 if so required by this chapter or any rule promulgated 62 pursuant to this chapter; 63 (13) Violation of any professional trust or confidence; 64 (14) Use of any advertisement or solicitation which is 65 false, misleading or deceptive to the general public or 66 persons to whom the advertisement or solicitation is 67 primarily directed; 68 (15) Being guilty of unethical conduct as defined in 69 "Ethical Rules of Conduct" as adopted by the committee and 70 filed with the secretary of state; 71 (16) Engaging in conversion therapy with a minor. For 72 purposes of this subdivision, the term "conversion therapy" 73 means any practices or treatments that seek to change an 74 individual's sexual orientation or gender identity, 75 including efforts to change behaviors or gender expressions 76 or to eliminate or reduce sexual or romantic attractions or 77 feelings toward individuals of the same gender. The term 78 "conversion therapy" shall not include counseling that 79 provides assistance to a person undergoing gender transition 80 SB 285 4 or counseling that provides acceptance, support, and 81 understanding of a person or facilitates a person's coping, 82 social support, and identity exploration and development, 83 including sexual-orientation-neutral interventions to 84 prevent or address unlawful conduct or unsafe sexual 85 practices, as long as such counseling does not seek to 86 change an individual's sexual orientation or gender identity. 87 3. After the filing of such complaint, the proceedings 88 shall be conducted in accordance with the provisions of 89 chapter 621. Upon a finding by the administrative hearing 90 commission that the grounds, provided in subsection 2 of 91 this section, for disciplinary action are met, the committee 92 may, singly or in combination, censure or place the person 93 named in the complaint on probation on such terms and 94 conditions as the department deems appropriate for a period 95 not to exceed five years, or may suspend, for a period not 96 to exceed three years, or revoke the license, certificate, 97 or permit. 98 4. An interested third party may file a complaint or 99 appear or present evidence relative to such complaint or 100 another complaint filed pursuant to this section. For 101 purposes of this section, an interested third party includes 102 a parent or guardian of a person who received treatment by a 103 psychologist or any person who is related within the second 104 degree of consanguinity or affinity and who is financially 105 responsible for the payment of such treatment. 106 337.330. 1. The committee may refuse to issue any 1 license required under this chapter for one or any 2 combination of causes stated in subsection 2 of this 3 section. The committee shall notify the applicant in 4 writing of the reasons for the refusal and shall advise the 5 applicant of the applicant's right to file a complaint with 6 SB 285 5 the administrative hearing commission as provided by chapter 7 621. 8 2. The committee may cause a complaint to be filed 9 with the administrative hearing commission, as provided by 10 chapter 621, against any holder of any license required by 11 this chapter or any person who has failed to renew or has 12 surrendered the person's license for any one or any 13 combination of the following causes: 14 (1) Use of any controlled substance, as defined in 15 chapter 195, or alcoholic beverage to an extent that such 16 use impairs a person's ability to perform the work of any 17 profession licensed or regulated by this chapter; 18 (2) The person has been finally adjudicated and found 19 guilty, or entered a plea of guilty or nolo contendere, in a 20 criminal prosecution under the laws of any state, of the 21 United States, or of any country for any offense directly 22 related to the duties and responsibilities of the 23 occupation, as set forth in section 324.012, regardless of 24 whether or not sentence is imposed; 25 (3) Use of fraud, deception, misrepresentation or 26 bribery in securing any permit or license issued under this 27 chapter or in obtaining permission to take any examination 28 given or required under sections 337.300 to 337.345; 29 (4) Obtaining or attempting to obtain any fee, charge, 30 tuition, or other compensation by fraud, deception or 31 misrepresentation; 32 (5) Incompetency, misconduct, gross negligence, fraud, 33 misrepresentation, or dishonesty in the performance of the 34 functions or duties of any profession licensed by sections 35 337.300 to 337.345; 36 SB 285 6 (6) Violation of, or assisting or enabling any person 37 to violate, any provision of sections 337.300 to 337.345, or 38 of any lawful rule adopted thereunder; 39 (7) Impersonation of any person holding a certificate 40 of registration or authority, permit or license or allowing 41 any person to use his or her certificate of registration or 42 authority, permit, license, or diploma from any school; 43 (8) Disciplinary action against the holder of a 44 license or other right to practice any profession regulated 45 by sections 337.300 to 337.345 granted by another state, 46 territory, federal agency, or country upon grounds for which 47 revocation or suspension is authorized in this state; 48 (9) A person is finally adjudged insane or 49 incapacitated by a court of competent jurisdiction; 50 (10) Assisting or enabling any person to practice or 51 offer to practice any profession licensed or regulated by 52 sections 337.300 to 337.345 who is not registered and 53 currently eligible to practice as provided in sections 54 337.300 to 337.345; 55 (11) Issuance of a certificate of registration or 56 authority, permit, or license based upon a material mistake 57 of fact; 58 (12) Failure to display a valid certificate or license 59 if so required by sections 337.300 to 337.345 or any rule 60 promulgated thereunder; 61 (13) Violation of any professional trust or confidence; 62 (14) Use of any advertisement or solicitation which is 63 false, misleading, or deceptive to the general public or 64 persons to whom the advertisement or solicitation is 65 primarily directed; 66 SB 285 7 (15) Being guilty of unethical conduct as defined in 67 the code of conduct as adopted by the committee and filed 68 with the secretary of state; 69 (16) Engaging in conversion therapy with a minor. For 70 purposes of this subdivision, the term "conversion therapy" 71 means any practices or treatments that seek to change an 72 individual's sexual orientation or gender identity, 73 including efforts to change behaviors or gender expressions 74 or to eliminate or reduce sexual or romantic attractions or 75 feelings toward individuals of the same gender. The term 76 "conversion therapy" shall not include counseling that 77 provides assistance to a person undergoing gender transition 78 or counseling that provides acceptance, support, and 79 understanding of a person or facilitates a person's coping, 80 social support, and identity exploration and development, 81 including sexual-orientation-neutral interventions to 82 prevent or address unlawful conduct or unsafe sexual 83 practices, as long as such counseling does not seek to 84 change an individual's sexual orientation or gender identity. 85 3. After the filing of such complaint, the proceedings 86 shall be conducted in accordance with the provisions of 87 chapter 621. Upon a finding by the administrative hearing 88 commission that the grounds, provided in subsection 2 of 89 this section, for disciplinary action are met, the committee 90 may, singly or in combination, censure or place the person 91 named in the complaint on probation on such terms and 92 conditions as the department deems appropriate for a period 93 not to exceed five years, or may suspend, for a period not 94 to exceed three years, or revoke the license, certificate, 95 or permit. 96 337.525. 1. The committee may refuse to issue or 1 renew any license required by the provisions of sections 2 SB 285 8 337.500 to 337.540 for one or any combination of causes 3 stated in subsection 2 of this section. The committee shall 4 notify the applicant in writing of the reasons for the 5 refusal and shall advise the applicant of his or her right 6 to file a complaint with the administrative hearing 7 commission as provided by chapter 621. 8 2. The committee may cause a complaint to be filed 9 with the administrative hearing commission as provided by 10 chapter 621 against any holder of any license required by 11 sections 337.500 to 337.540 or any person who has failed to 12 renew or has surrendered his license for any one or any 13 combination of the following causes: 14 (1) Use of any controlled substance, as defined in 15 chapter 195, or alcoholic beverage to an extent that such 16 use impairs a person's ability to engage in the occupation 17 of professional counselor; 18 (2) The person has been finally adjudicated and found 19 guilty, or entered a plea of guilty or nolo contendere, in a 20 criminal prosecution under the laws of any state, of the 21 United States, or of any country, for any offense directly 22 related to the duties and responsibilities of the 23 occupation, as set forth in section 324.012, regardless of 24 whether or not sentence is imposed; 25 (3) Use of fraud, deception, misrepresentation or 26 bribery in securing any license issued pursuant to the 27 provisions of sections 337.500 to 337.540 or in obtaining 28 permission to take any examination given or required 29 pursuant to the provisions of sections 337.500 to 337.540; 30 (4) Obtaining or attempting to obtain any fee, charge, 31 tuition or other compensation by fraud, deception or 32 misrepresentation; 33 SB 285 9 (5) Incompetency, misconduct, fraud, misrepresentation 34 or dishonesty in the performance of the functions or duties 35 of a professional counselor; 36 (6) Violation of, or assisting or enabling any person 37 to violate, any provision of sections 337.500 to 337.540, or 38 of any lawful rule or regulation adopted pursuant to 39 sections 337.500 to 337.540; 40 (7) Impersonation of any person holding a license or 41 allowing any person to use his or her license or diploma 42 from any school; 43 (8) Revocation or suspension of a license or other 44 right to practice counseling granted by another state, 45 territory, federal agency or country upon grounds for which 46 revocation or suspension is authorized in this state; 47 (9) A person is finally adjudged incapacitated by a 48 court of competent jurisdiction; 49 (10) Assisting or enabling any person to practice or 50 offer to practice professional counseling who is not 51 licensed and currently eligible to practice under the 52 provisions of sections 337.500 to 337.540; 53 (11) Issuance of a license based upon a material 54 mistake of fact; 55 (12) Failure to display a valid license if so required 56 by sections 337.500 to 337.540 or any rule promulgated 57 hereunder; 58 (13) Violation of any professional trust or confidence; 59 (14) Use of any advertisement or solicitation which is 60 false, misleading or deceptive to the general public or 61 persons to whom the advertisement or solicitation is 62 primarily directed; 63 SB 285 10 (15) Being guilty of unethical conduct as defined in 64 the ethical standards for counselors adopted by the division 65 and filed with the secretary of state; 66 (16) Engaging in conversion therapy with a minor. For 67 purposes of this subdivision, the term "conversion therapy" 68 means any practices or treatments that seek to change an 69 individual's sexual orientation or gender identity, 70 including efforts to change behaviors or gender expressions 71 or to eliminate or reduce sexual or romantic attractions or 72 feelings toward individuals of the same gender. The term 73 "conversion therapy" shall not include counseling that 74 provides assistance to a person undergoing gender transition 75 or counseling that provides acceptance, support, and 76 understanding of a person or facilitates a person's coping, 77 social support, and identity exploration and development, 78 including sexual-orientation-neutral interventions to 79 prevent or address unlawful conduct or unsafe sexual 80 practices, as long as such counseling does not seek to 81 change an individual's sexual orientation or gender identity. 82 3. Any person, organization, association or 83 corporation who reports or provides information to the 84 committee pursuant to the provisions of this chapter and who 85 does so in good faith shall not be subject to an action for 86 civil damages as a result thereof. 87 4. After the filing of such complaint, the proceedings 88 shall be conducted in accordance with the provisions of 89 chapter 621. Upon a finding by the administrative hearing 90 commission that the grounds, provided in subsection 2 of 91 this section, for disciplinary action are met, the committee 92 may censure or place the person named in the complaint on 93 probation on such terms and conditions as the committee 94 deems appropriate for a period not to exceed five years, or 95 SB 285 11 may suspend, for a period not to exceed three years, or 96 revoke the license. 97 337.630. 1. The committee may refuse to issue or 1 renew any license required by the provisions of sections 2 337.600 to 337.689 for one or any combination of causes 3 stated in subsection 2 of this section. The committee shall 4 notify the applicant in writing of the reasons for the 5 refusal and shall advise the applicant of the applicant's 6 right to file a complaint with the administrative hearing 7 commission as provided by chapter 621. 8 2. The committee may cause a complaint to be filed 9 with the administrative hearing commission as provided by 10 chapter 621 against any holder of any license required by 11 sections 337.600 to 337.689 or any person who has failed to 12 renew or has surrendered the person's license for any one or 13 any combination of the following causes: 14 (1) Use of any controlled substance, as defined in 15 chapter 195, or alcoholic beverage to an extent that such 16 use impairs a person's ability to engage in the occupation 17 of social work licensed under this chapter; except that the 18 fact that a person has undergone treatment for past 19 substance or alcohol abuse and/or has participated in a 20 recovery program, shall not by itself be cause for refusal 21 to issue or renew a license; 22 (2) The person has been finally adjudicated and found 23 guilty, or entered a plea of guilty or nolo contendere, in a 24 criminal prosecution pursuant to the laws of any state, of 25 the United States, or of any country, for any offense 26 directly related to the duties and responsibilities of the 27 occupation, as set forth in section 324.012, regardless of 28 whether or not sentence is imposed; 29 SB 285 12 (3) Use of fraud, deception, misrepresentation or 30 bribery in securing any license issued pursuant to the 31 provisions of sections 337.600 to 337.689 or in obtaining 32 permission to take any examination given or required 33 pursuant to the provisions of sections 337.600 to 337.689; 34 (4) Obtaining or attempting to obtain any fee, charge, 35 tuition or other compensation by fraud, deception or 36 misrepresentation; 37 (5) Incompetency, misconduct, fraud, misrepresentation 38 or dishonesty in the performance of the functions or duties 39 of a social worker licensed pursuant to this chapter; 40 (6) Violation of, or assisting or enabling any person 41 to violate, any provision of sections 337.600 to 337.689, or 42 of any lawful rule or regulation adopted pursuant to 43 sections 337.600 to 337.689; 44 (7) Impersonation of any person holding a license or 45 allowing any person to use the person's license or diploma 46 from any school; 47 (8) Revocation or suspension of a license or other 48 right to practice social work licensed pursuant to this 49 chapter granted by another state, territory, federal agency 50 or country upon grounds for which revocation or suspension 51 is authorized in this state; 52 (9) Final adjudication as incapacitated by a court of 53 competent jurisdiction; 54 (10) Assisting or enabling any person to practice or 55 offer to practice social work licensed pursuant to this 56 chapter who is not licensed and currently eligible to 57 practice pursuant to the provisions of sections 337.600 to 58 337.689; 59 (11) Obtaining a license based upon a material mistake 60 of fact; 61 SB 285 13 (12) Failure to display a valid license if so required 62 by sections 337.600 to 337.689 or any rule promulgated 63 hereunder; 64 (13) Violation of any professional trust or confidence; 65 (14) Use of any advertisement or solicitation which is 66 false, misleading or deceptive to the general public or 67 persons to whom the advertisement or solicitation is 68 primarily directed; 69 (15) Being guilty of unethical conduct as defined in 70 the ethical standards for clinical social workers adopted by 71 the committee by rule and filed with the secretary of state; 72 (16) Engaging in conversion therapy with a minor. For 73 purposes of this subdivision, the term "conversion therapy" 74 means any practices or treatments that seek to change an 75 individual's sexual orientation or gender identity, 76 including efforts to change behaviors or gender expressions 77 or to eliminate or reduce sexual or romantic attractions or 78 feelings toward individuals of the same gender. The term 79 "conversion therapy" shall not include counseling that 80 provides assistance to a person undergoing gender transition 81 or counseling that provides acceptance, support, and 82 understanding of a person or facilitates a person's coping, 83 social support, and identity exploration and development, 84 including sexual-orientation-neutral interventions to 85 prevent or address unlawful conduct or unsafe sexual 86 practices, as long as such counseling does not seek to 87 change an individual's sexual orientation or gender identity. 88 3. Any person, organization, association or 89 corporation who reports or provides information to the 90 committee pursuant to the provisions of sections 337.600 to 91 337.689 and who does so in good faith shall not be subject 92 to an action for civil damages as a result thereof. 93 SB 285 14 4. After the filing of such complaint, the proceedings 94 shall be conducted in accordance with the provisions of 95 chapter 621. Upon a finding by the administrative hearing 96 commission that the grounds, provided in subsection 2 of 97 this section, for disciplinary action are met, the committee 98 may censure or place the person named in the complaint on 99 probation on such terms and conditions as the committee 100 deems appropriate for a period not to exceed five years, or 101 may suspend, for a period not to exceed three years, or 102 revoke the license. 103 337.730. 1. The committee may refuse to issue or 1 renew any license required by the provisions of sections 2 337.700 to 337.739 for one or any combination of causes 3 stated in subsection 2 of this section. The committee shall 4 notify the applicant in writing of the reasons for the 5 refusal and shall advise the applicant of the applicant's 6 right to file a complaint with the administrative hearing 7 commission as provided by chapter 621. 8 2. The committee may cause a complaint to be filed 9 with the administrative hearing commission as provided by 10 chapter 621 against any holder of any license required by 11 sections 337.700 to 337.739 or any person who has failed to 12 renew or has surrendered the person's license for any one or 13 any combination of the following causes: 14 (1) Use of any controlled substance, as defined in 15 chapter 195, or alcoholic beverage to an extent that such 16 use impairs a person's ability to engage in the occupation 17 of marital and family therapist; except the fact that a 18 person has undergone treatment for past substance or alcohol 19 abuse or has participated in a recovery program, shall not 20 by itself be cause for refusal to issue or renew a license; 21 SB 285 15 (2) The person has been finally adjudicated and found 22 guilty, or entered a plea of guilty in a criminal 23 prosecution under the laws of any state, of the United 24 States, or of any country, for any offense directly related 25 to the duties and responsibilities of the occupation, as set 26 forth in section 324.012, regardless of whether or not 27 sentence is imposed; 28 (3) Use of fraud, deception, misrepresentation or 29 bribery in securing any license issued pursuant to the 30 provisions of sections 337.700 to 337.739 or in obtaining 31 permission to take any examination given or required 32 pursuant to the provisions of sections 337.700 to 337.739; 33 (4) Obtaining or attempting to obtain any fee, charge, 34 tuition or other compensation by fraud, deception or 35 misrepresentation; 36 (5) Incompetency, misconduct, fraud, misrepresentation 37 or dishonesty in the performance of the functions or duties 38 of a marital and family therapist; 39 (6) Violation of, or assisting or enabling any person 40 to violate, any provision of sections 337.700 to 337.739 or 41 of any lawful rule or regulation adopted pursuant to 42 sections 337.700 to 337.739; 43 (7) Impersonation of any person holding a license or 44 allowing any person to use the person's license or diploma 45 from any school; 46 (8) Revocation or suspension of a license or other 47 right to practice marital and family therapy granted by 48 another state, territory, federal agency or country upon 49 grounds for which revocation or suspension is authorized in 50 this state; 51 (9) Final adjudication as incapacitated by a court of 52 competent jurisdiction; 53 SB 285 16 (10) Assisting or enabling any person to practice or 54 offer to practice marital and family therapy who is not 55 licensed and is not currently eligible to practice under the 56 provisions of sections 337.700 to 337.739; 57 (11) Obtaining a license based upon a material mistake 58 of fact; 59 (12) Failure to display a valid license if so required 60 by sections 337.700 to 337.739 or any rule promulgated 61 hereunder; 62 (13) Violation of any professional trust or confidence; 63 (14) Use of any advertisement or solicitation which is 64 false, misleading or deceptive to the general public or 65 persons to whom the advertisement or solicitation is 66 primarily directed; 67 (15) Being guilty of unethical conduct as defined in 68 the ethical standards for marital and family therapists 69 adopted by the committee by rule and filed with the 70 secretary of state; 71 (16) Engaging in conversion therapy with a minor. For 72 purposes of this subdivision, the term "conversion therapy" 73 means any practices or treatments that seek to change an 74 individual's sexual orientation or gender identity, 75 including efforts to change behaviors or gender expressions 76 or to eliminate or reduce sexual or romantic attractions or 77 feelings toward individuals of the same gender. The term 78 "conversion therapy" shall not include counseling that 79 provides assistance to a person undergoing gender transition 80 or counseling that provides acceptance, support, and 81 understanding of a person or facilitates a person's coping, 82 social support, and identity exploration and development, 83 including sexual-orientation-neutral interventions to 84 prevent or address unlawful conduct or unsafe sexual 85 SB 285 17 practices, as long as such counseling does not seek to 86 change an individual's sexual orientation or gender identity. 87 3. Any person, organization, association or 88 corporation who reports or provides information to the 89 committee under sections 337.700 to 337.739 and who does so 90 in good faith shall not be subject to an action for civil 91 damages as a result thereof. 92 4. After filing of such complaint, the proceedings 93 shall be conducted in accordance with the provisions of 94 chapter 621. Upon a finding by the administrative hearing 95 commission that the grounds provided in subsection 2 of this 96 section for disciplinary action are met, the division may 97 censure or place the person named in the complaint on 98 probation on such terms and conditions as the committee 99 deems appropriate for a period not to exceed five years, or 100 may suspend for a period not to exceed three years, or 101 revoke the license. 102 