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 TLSB 2489YH (3) 87 pf/nh
H.F. 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 -1- LSB 2489YH (3) 87 pf/nh 1/ 2
H.F. 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 -2- LSB 2489YH (3) 87 pf/nh 2/ 2