HSB 698 (LSB 5240YC (16) 88)

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 making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.192  Conversion therapy —— prohibitions —— penalties.
   1.  For the purposes of this section, unless the context otherwise requires:
   a.  (1)  “Conversion therapy” means any practice or treatment that seeks to change the sexual orientation or gender identity of an individual, including mental health therapy that seeks to change, eliminate, or reduce behaviors, expressions, attractions, or feelings related to an individual’s sexual orientation or gender identity.
   (2)  “Conversion therapy” does not mean a practice or treatment that does not seek to change the sexual orientation or gender identity of an individual, including mental health therapy that meets any of the following conditions: 
   (a)  Is neutral with respect to sexual orientation and gender identity.
   (b)  Provides assistance to an individual undergoing gender transition.
   (c)  Provides acceptance, support, and understanding of an individual.
   (d)  Facilitates an individual’s ability to cope, social support, and identity exploration and development.
   (e)  Addresses unlawful, unsafe, premarital, or extramarital sexual activities in a manner that is neutral with respect to sexual orientation.
   (f)  Discusses with an individual the individual’s moral or religious beliefs or practices.
   b.  “Health care professional” means an individual who is licensed under, or an individual who provides mental health therapy as part of the individual’s training for a profession that is licensed under, chapter 148, chapter 152 or chapter 152E, chapter 154B, chapter 154C, or chapter 154D, and who is qualified to practice mental health therapy. 
   c.  “Minor” means an individual who is under the age of eighteen.
   d.  “Mental health therapy” means any of the following:
   (1)  Conducting a professional evaluation of an individual’s condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized by health care professionals.
   (2)  Establishing a diagnosis in accordance with established written standards generally recognized by health care professionals.
   (3)  Prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder.
   (4)  Engaging in the conduct of professional intervention including psychotherapy by the application of established methods and procedures generally recognized by health care professionals who practice mental health therapy.
   2.  a.  A health care professional shall not provide conversion therapy to a minor.
   b.  This subsection shall not be interpreted to apply to any of the following:
   (1)  A clergy member or religious counselor who is acting substantially in a pastoral or religious capacity and not in the capacity of a health care professional.
   (2)  A parent or grandparent of a minor who is also a health care professional but who is acting substantially in the capacity of a parent or grandparent and not in the capacity of a health care professional. 
   3.  A health care professional who provides conversion therapy to a minor in violation of this section shall be subject to disciplinary action by the licensing entity with professional jurisdiction over the health care professional.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a health care professional from providing conversion therapy to a minor. The bill defines “conversion therapy”, “health care professional”, “minor”, and “mental health therapy” for the purposes of the bill. The bill provides that the prohibition against providing conversion therapy to a minor shall not be interpreted to apply to a clergy member or religious counselor who is acting substantially in a pastoral or religious capacity and not in the capacity of a health care professional or to a parent or grandparent of a minor who is also a health care professional but who is acting substantially in the capacity of a parent or grandparent and not in the capacity of a health care professional. A health care professional who provides conversion therapy to a minor in violation of the bill shall be subject to disciplinary action by the licensing entity with professional jurisdiction over the health care professional.