House
File
424
-
Introduced
HOUSE
FILE
424
BY
M.
SMITH
,
OLDSON
,
BENNETT
,
ANDERSON
,
STAED
,
HEDDENS
,
KACENA
,
BROWN-POWERS
,
LENSING
,
KURTH
,
WESSEL-KROESCHELL
,
WINCKLER
,
PRICHARD
,
HUNTER
,
GASKILL
,
and
McCONKEY
A
BILL
FOR
An
Act
prohibiting
mental
health
providers
from
engaging
in
1
sexual
orientation
change
efforts
with
a
patient
of
any
age,
2
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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424
Section
1.
NEW
SECTION
.
135.191
Sexual
orientation
change
1
efforts.
2
1.
For
the
purposes
of
this
division,
unless
the
context
3
otherwise
requires:
4
a.
“Mental
health
provider”
means
a
physician
and
surgeon
or
5
osteopathic
physician
and
surgeon
licensed
under
chapter
148
6
who
specializes
in
the
practice
of
psychiatry;
a
psychologist
7
licensed
under
chapter
154B;
a
licensed
marital
and
family
8
therapist
or
mental
health
counselor
or
a
temporary
licensed
9
marital
and
family
therapist
or
mental
health
counselor
as
10
defined
in
section
154D.1;
a
social
worker
licensed
pursuant
to
11
chapter
154C;
a
licensed
school
counselor,
school
psychologist,
12
or
school
social
worker;
or
an
advanced
registered
nurse
13
practitioner,
a
psychiatric
nurse,
or
any
other
person
who
14
provides
counseling
or
mental
health
or
behavioral
health
15
services
as
a
part
of
the
person’s
professional
training
or
16
practice
under
Iowa
law
or
rule,
or
any
student,
intern,
17
volunteer,
or
other
person
assisting
or
acting
under
the
18
direction
or
guidance
of
any
of
these
professionals.
19
b.
“Patient”
means
an
individual
who
is
under
the
care
of
a
20
mental
health
provider.
21
c.
(1)
“Sexual
orientation
change
efforts”
means
any
22
practice
by
a
mental
health
provider
that
seeks
to
change
an
23
individual’s
sexual
orientation,
including
but
not
limited
24
to
efforts
to
change
behaviors
or
gender
expressions
or
25
gender
identity,
or
to
eliminate
or
reduce
sexual
or
romantic
26
attractions
or
feelings
toward
individuals
of
the
same
sex.
27
(2)
“Sexual
orientation
change
efforts”
does
not
include
any
28
of
the
following:
29
(a)
Counseling
or
therapy
that
provides
acceptance,
30
support,
and
understanding
of
the
individual
or
the
31
facilitation
of
an
individual’s
coping,
social
support,
32
and
identity
exploration
and
development,
including
sexual
33
orientation-neutral
interventions
to
prevent
or
address
34
unlawful
conduct
or
unsafe
sexual
practices.
35
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424
(b)
Psychotherapies
that
do
not
seek
to
change
sexual
1
orientation.
2
(c)
Counseling
for
an
individual
seeking
to
transition
from
3
one
gender
to
another.
4
2.
A
mental
health
provider
shall
not
engage
in
sexual
5
orientation
change
efforts
with
a
patient.
6
3.
A
mental
health
provider
who
engages
in
sexual
7
orientation
change
efforts
with
a
patient
shall
be
subject
to
8
disciplinary
action
by
the
licensing
entity
or
disciplinary
9
authority
with
professional
jurisdiction
over
the
mental
health
10
provider.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
prohibits
a
mental
health
provider
from
engaging
15
in
sexual
orientation
change
efforts
with
a
patient
of
any
age.
16
The
bill
provides
that
a
mental
health
provider
who
engages
in
17
sexual
orientation
change
efforts
with
a
patient
is
subject
to
18
disciplinary
action
by
the
entity
or
disciplinary
authority
19
with
professional
jurisdiction
over
the
mental
health
provider.
20
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