Text of OH HB 513 (2020)

As Introduced 133rd General Assembly Regular Session H. B. No. 513 2019-2020 Representatives Hood, Dean Cosponsors: Representatives Keller, Becker, Powell, Smith, T., Lang, Vitale, Stoltzfus, Jordan, Ginter A B I L L To enact sections 2151.63, 5128.01, 5128.02, 5128.03, 5128.04, 5128.05, 5128.06, and 5128.99 of the Revised Code to enact the "Vulnerable Child Protection Act" regarding sexuality and identity counseling and prohibiting certain procedures and activities intended to change, reinforce, or affirm a minor's perception of his or her own sexual attraction, sexual behaviors, or identity. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 2151.63, 5128.01, 5128.02, 5128.03, 5128.04, 5128.05, 5128.06, and 5128.99 of the Revised Code be enacted to read as follows: Sec. 2151.63. As used in this section, "minor" means an individual who is under eighteen years of age. Anyone who knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in similar circumstances to suspect, that a minor has been subjected to a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 H. B. No. 513 Page 2 As Introduced procedure specified in division (A) of section 5128.03 of the Revised Code or an activity specified in division (B) of that section shall make a report of that knowledge or reasonable cause to suspect to a public children services agency or peace officer. The report shall be made in the same manner as a report alleging abuse or neglect of a child under section 2151.421 of the Revised Code, and the receiving agency or officer shall treat the report in the same manner as a report made under that section. Sec. 5128.01. As used in this chapter: (A) "Applicant" means an individual who applies for licensure or registration, as applicable, to practice as a mental health professional. (B) "Gender incongruence" means the state of claiming a gender identity other than the individual's biological sex. (C) "Mental health professional" means any of the following: (1) An advanced practice registered nurse licensed under Chapter 4723. of the Revised Code who is designated as a clinical nurse specialist or certified nurse practitioner; (2) A physician assistant licensed under Chapter 4730. of the Revised Code; (3) A physician licensed under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery; (4) A psychologist licensed under Chapter 4732. of the Revised Code; (5) A licensed professional clinical counselor or licensed 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 H. B. No. 513 Page 3 As Introduced professional counselor licensed under Chapter 4757. of the Revised Code; (6) An independent social worker, social worker, or social work assistant licensed or registered under Chapter 4757. of the Revised Code; (7) An independent marriage and family therapist or marriage and family therapist licensed under Chapter 4757. of the Revised Code. (D) "Minor" means an individual who is under eighteen years of age. (E) "Sexuality or identity counseling" means any type of counseling or therapy provided by a mental health professional to a mental health client or patient that is intended to aid the client or patient in objectives related to sexuality or identity, including attractions, behaviors, self-concept, and emotional issues . Sec. 5128.02. No government entity, including the department of mental health and addiction services or a professional or occupational licensing board, shall prohibit either of the following: (A) A mental health professional from providing sexuality or identity counseling; (B) A parent, guardian, or custodian of a minor from consenting to or withholding consent to sexuality or identity counseling for that minor . Sec. 5128.03. (A) Except as provided in division (C) of this section, no mental health professional shall purposely attempt to change, reinforce, or affirm a minor's perception of 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 H. B. No. 513 Page 4 As Introduced the minor's own sexual attraction or sexual behaviors, or attempt to change, reinforce, or affirm a minor's gender identity when that identity is inconsistent with the minor's biological sex, by performing or causing to be performed any of the following procedures on the minor: (1) Castration; (2) Vasectomy; (3) Hysterectomy; (4) Oophorectomy; (5) Metoidioplasty; (6) Orchiectomy; (7) Penectomy; (8) Phalloplasty; (9) Urethroplasty; (10) Vaginoplasty; (11) Mastectomy; (12) Lobotomy; (13) A surgery to remove a healthy organ or body part. (B) Except as provided in division (C) of this section, no mental health professional shall purposely attempt to change, reinforce, or affirm a minor's perception of the minor's own sexual attraction or sexual behaviors or attempt to change, reinforce, or affirm a minor's gender identity when that identity is inconsistent with the minor's biological sex, by engaging in any of the following activities: 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 H. B. No. 513 Page 5 As Introduced (1) Prescribing, administering, or personally furnishing to the minor a drug to stop or delay puberty; (2) Prescribing, administering, or personally furnishing to the minor, if female, testosterone or estrogen-suppressing drugs; (3) Prescribing, administering, or personally furnishing to the minor, if male, estrogen or testosterone-suppressing drugs; (4) Subjecting the minor's genitals to an electric current; (5) Penetrating the minor's fingers with needles; (6) Restraining and placing ice on the minor's hands; (7) Wrapping the minor's hands in heat coils; (8) Subjecting the minor to an ice bath; (9) Injecting drugs in the minor to induce vomiting; (10) Restraining the minor with ties or harnesses; (11) Inflicting physical pain or suffering. (C) The prohibitions in divisions (A) and (B) of this section do not apply if either of the following are the case: (1) The minor has a medically-verifiable genetic disorder of sex development, which may include having both ovarian and testicular tissue or having external biological characteristics that are ambiguous resulting from having a karyotype 46,XX with virilization or 46,XY with undervirilization. (2) The minor has abnormal sex chromosome structure that has been diagnosed by a physician following genetic testing. 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 H. B. No. 513 Page 6 As Introduced (D)(1) A mental health client or patient who has been harmed by a violation of this section, or that individual's representative, may, not later than twenty years after the date of discovery of the violation, file a civil action for injury, death, or loss to person or property against the person who violated this section. (2) A person who prevails in an action filed under division (D)(1) of this section shall receive both of the following from the person who committed the violation: (a) Compensatory and exemplary damages in an amount determined by the trier of fact; (b) Court costs and reasonable attorney's fees. Sec. 5128.04. If a mental health professional or applicant is indicted or charged and bound over to the court of common pleas for trial for an alleged violation of section 5128.03 of the Revised Code, the prosecuting attorney handling the case shall send written notice of the indictment or the charge and bind over to the regulatory or licensing board or agency, if any, that has the administrative authority to suspend or revoke the mental health professional's professional license, certification, registration, or authorization. Sec. 5128.05. The failure of the prosecuting attorney to give the notice required by section 5128.04 of the Revised Code does not give rise to a claim for damages against the prosecuting attorney or the county. The failure of the prosecuting attorney to give the notice does not constitute grounds for declaring a mistrial or new trial, for setting aside a conviction or sentence, or for granting postconviction relief to a defendant. 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 H. B. No. 513 Page 7 As Introduced Sec. 5128.06. If a mental health professional is convicted of or pleads guilty to a violation of section 5128.03 of the Revised Code, the court shall transmit a certified copy of the judgment entry of conviction to the regulatory or licensing board or agency, if any, that has the administrative authority to suspend or revoke the mental health professional's license, certification, registration, or authorization. Sec. 5128.99. (A) Whoever violates division (A) of section 5128.03 of the Revised Code is guilty of a felony of the third degree. (B) Whoever violates division (B) of section 5128.03 of the Revised Code is guilty of a misdemeanor and is subject to a jail term not to exceed one year. Section 2. This act shall be known as the "Vulnerable Child Protection Act." 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168