Text of OR HB 2458 (2023)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session House Bill 2458 Sponsored by Representative NOSSE, Senator PATTERSON; Representative GRAYBER, Senator GORSEK (Preses- sion filed.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. Prohibits practice of conversion therapy by certain professionals. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to conversion therapy; amending ORS 675.850; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 675.850 is amended to read: 675.850. (1) A mental health care or social health professional may not practice conversion therapy [if the recipient of the conversion therapy is under 18 years of age]. (2) As used in this section: (a)(A) “Conversion therapy” means providing professional services for the purpose of attempting to change a person’s sexual orientation or gender identity, including attempting to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender. (B) “Conversion therapy” does not mean: (i) Counseling that assists a client who is seeking to undergo a gender transition or who is in the process of undergoing a gender transition; or (ii) Counseling that provides a client with acceptance, support and understanding, or counseling that facilitates a client’s coping, social support and identity exploration or development, including counseling in the form of sexual orientation-neutral or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, as long as the counseling is not provided for the purpose of attempting to change the client’s sexual orientation or gender identity. (b)(A) “Mental health care or social health professional” means: (i) A licensed psychologist as defined in ORS 675.010; (ii) A psychologist associate licensed by the Oregon Board of Psychology before January 1, 2022; (iii) An occupational therapist or occupational therapy assistant both as defined in ORS 675.210; (iv) A regulated social worker as defined in ORS 675.510; (v) A licensed marriage and family therapist or licensed professional counselor both as defined in ORS 675.705; and (vi) An individual who provides counseling as part of an educational or training program nec- essary to practice any of the professions described in sub-subparagraphs (i) to (v) of this subpara- graph. (B) “Mental health care or social health professional” includes any individual not described in NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 948 HB 2458 1 2 3 4 5 6 7 8 9 this paragraph who is licensed in this state and whose license authorizes the individual to provide mental health care or social health counseling services. (3) Any state board that regulates licensees described in subsection (2)(b)(B) of this section may impose any form of discipline that the board may impose on a licensee under the laws of this state for violating a law of this state or a rule adopted by the board. SECTION 2. This 2023 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2023 Act takes effect on its passage. [2]