House Study Bill 698 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to conversion therapy provided to a minor, and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5240YC (16) 88 pf/rh

H.F. _____ Section 1. NEW SECTION . 135.192 Conversion therapy —— 1 prohibitions —— penalties. 2 1. For the purposes of this section, unless the context 3 otherwise requires: 4 a. (1) “Conversion therapy” means any practice or treatment 5 that seeks to change the sexual orientation or gender identity 6 of an individual, including mental health therapy that seeks 7 to change, eliminate, or reduce behaviors, expressions, 8 attractions, or feelings related to an individual’s sexual 9 orientation or gender identity. 10 (2) “Conversion therapy” does not mean a practice or 11 treatment that does not seek to change the sexual orientation 12 or gender identity of an individual, including mental health 13 therapy that meets any of the following conditions: 14 (a) Is neutral with respect to sexual orientation and gender 15 identity. 16 (b) Provides assistance to an individual undergoing gender 17 transition. 18 (c) Provides acceptance, support, and understanding of an 19 individual. 20 (d) Facilitates an individual’s ability to cope, social 21 support, and identity exploration and development. 22 (e) Addresses unlawful, unsafe, premarital, or extramarital 23 sexual activities in a manner that is neutral with respect to 24 sexual orientation. 25 (f) Discusses with an individual the individual’s moral or 26 religious beliefs or practices. 27 b. “Health care professional” means an individual who is 28 licensed under, or an individual who provides mental health 29 therapy as part of the individual’s training for a profession 30 that is licensed under, chapter 148, chapter 152 or chapter 31 152E, chapter 154B, chapter 154C, or chapter 154D, and who is 32 qualified to practice mental health therapy. 33 c. “Minor” means an individual who is under the age of 34 eighteen. 35 -1- LSB 5240YC (16) 88 pf/rh 1/ 3

H.F. _____ d. “Mental health therapy” means any of the following: 1 (1) Conducting a professional evaluation of an individual’s 2 condition of mental health, mental illness, or emotional 3 disorder consistent with standards generally recognized by 4 health care professionals. 5 (2) Establishing a diagnosis in accordance with established 6 written standards generally recognized by health care 7 professionals. 8 (3) Prescribing a plan for the prevention or treatment of a 9 condition of mental illness or emotional disorder. 10 (4) Engaging in the conduct of professional intervention 11 including psychotherapy by the application of established 12 methods and procedures generally recognized by health care 13 professionals who practice mental health therapy. 14 2. a. A health care professional shall not provide 15 conversion therapy to a minor. 16 b. This subsection shall not be interpreted to apply to any 17 of the following: 18 (1) A clergy member or religious counselor who is acting 19 substantially in a pastoral or religious capacity and not in 20 the capacity of a health care professional. 21 (2) A parent or grandparent of a minor who is also a health 22 care professional but who is acting substantially in the 23 capacity of a parent or grandparent and not in the capacity of 24 a health care professional. 25 3. A health care professional who provides conversion 26 therapy to a minor in violation of this section shall be 27 subject to disciplinary action by the licensing entity with 28 professional jurisdiction over the health care professional. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill prohibits a health care professional from 33 providing conversion therapy to a minor. The bill defines 34 “conversion therapy”, “health care professional”, “minor”, 35 -2- LSB 5240YC (16) 88 pf/rh 2/ 3

H.F. _____ and “mental health therapy” for the purposes of the bill. 1 The bill provides that the prohibition against providing 2 conversion therapy to a minor shall not be interpreted 3 to apply to a clergy member or religious counselor who is 4 acting substantially in a pastoral or religious capacity and 5 not in the capacity of a health care professional or to a 6 parent or grandparent of a minor who is also a health care 7 professional but who is acting substantially in the capacity 8 of a parent or grandparent and not in the capacity of a health 9 care professional. A health care professional who provides 10 conversion therapy to a minor in violation of the bill shall 11 be subject to disciplinary action by the licensing entity with 12 professional jurisdiction over the health care professional. 13 -3- LSB 5240YC (16) 88 pf/rh 3/ 3