SF 31 (LSB 1442XS (2) 86)

SENATE FILE 31

BY  McCOY

A BILL FOR

An Act relating to sexual orientation change efforts and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.181  Sexual orientation change efforts.
   1.  For the purposes of this division, unless the context otherwise requires:
   a.  “Mental health provider” means a physician and surgeon or osteopathic physician and surgeon licensed under chapter 148 who specializes in the practice of psychiatry; a psychologist licensed under chapter 154B; a licensed marital and family therapist or mental health counselor or a temporary licensed marital and family therapist or mental health counselor as defined in section 154D.1; a social worker licensed pursuant to chapter 154C; a licensed school counselor, school psychologist, or school social worker; or an advanced registered nurse practitioner, a psychiatric nurse, or any other person who provides counseling or mental health or behavioral health services as a part of the person’s professional training or practice under Iowa law or rule, or any student, intern, volunteer, or other person assisting or acting under the direction or guidance of any of these professionals.
   b.  “Patient” means an individual who is under the care of a mental health provider.
   c.  (1)  “Sexual orientation change efforts” means any practice by a mental health provider that seeks to change an individual’s sexual orientation, including but not limited to efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.
   (2)  “Sexual orientation change efforts” does not include any of the following:
   (a)  Counseling or therapy that provides acceptance, support, and understanding of the individual or the facilitation of an individual’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices.
   (b)  Psychotherapies that do not seek to change sexual orientation.
   (c)  Counseling for an individual seeking to transition from one gender to another.
   2.  A mental health provider shall not engage in sexual orientation change efforts with a patient under eighteen years of age.
   3.  A mental health provider who engages in sexual orientation change efforts with a patient under eighteen years of age shall be subject to disciplinary action by the licensing entity or disciplinary authority with professional jurisdiction over the mental health provider.
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 mental health provider from engaging in sexual orientation change efforts with a patient under 18 years of age. The bill provides that a mental health provider who engages in sexual orientation change efforts with a patient under 18 years of age is subject to disciplinary action by the entity or disciplinary authority with professional jurisdiction over the mental health provider.