Senate File 2257 - Introduced SENATE FILE 2257 BY WAHLS , GIDDENS , DOTZLER , R. TAYLOR , PETERSEN , RAGAN , JOCHUM , CELSI , BOLKCOM , J. SMITH , KINNEY , QUIRMBACH , HOGG , LYKAM , T. TAYLOR , BISIGNANO , BOULTON , and MATHIS A BILL FOR An Act relating to sexual orientation and gender identity 1 change efforts, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5240XS (16) 88 pf/rh

S.F. 2257 Section 1. NEW SECTION . 135.192 Sexual orientation and 1 gender identity change efforts —— prohibitions —— penalties. 2 1. For the purposes of this section, unless the context 3 otherwise requires: 4 a. “Child” means an individual who is under the age of 18. 5 b. “Practitioner” means a physician and surgeon or 6 osteopathic physician and surgeon licensed under chapter 148 7 who specializes in the practice of psychiatry; a psychologist 8 licensed under chapter 154B; a licensed marital and family 9 therapist or mental health counselor or a temporary licensed 10 marital and family therapist or mental health counselor as 11 defined in section 154D.1; a social worker licensed pursuant to 12 chapter 154C; a licensed school counselor, school psychologist, 13 or school social worker; an advanced registered nurse 14 practitioner; a practitioner as defined in section 272.1; a 15 victim counselor as defined in section 915.20A; a psychiatric 16 nurse; any other person who provides counseling or mental 17 health or behavioral health services as a part of the person’s 18 professional training or practice under Iowa law or rule; or 19 any student, intern, volunteer, or other person assisting 20 or acting under the direction or guidance of any of these 21 professionals. 22 c. (1) “Sexual orientation or gender identity change 23 efforts” means any practice or treatment by a practitioner 24 that seeks to change an individual’s sexual orientation or 25 gender identity, including but not limited to efforts to change 26 behaviors or gender expressions, or to eliminate or reduce 27 sexual or romantic attractions or feelings toward individuals 28 of the same gender. 29 (2) “Sexual orientation or gender identity change efforts” 30 does not include any of the following practices, as long as the 31 practice does not seek to change sexual orientation or gender 32 identity: 33 (a) Counseling or therapy that provides acceptance, 34 support, and understanding of the individual or the 35 -1- LSB 5240XS (16) 88 pf/rh 1/ 4

S.F. 2257 facilitation of an individual’s coping, social support, 1 and identity exploration and development, including sexual 2 orientation-neutral interventions to prevent or address 3 unlawful conduct or unsafe sexual practices. 4 (b) Counseling for an individual seeking to transition from 5 one gender to another. 6 2. A practitioner shall not engage in sexual orientation or 7 gender identity change efforts with a child. 8 3. A practitioner who engages in sexual orientation or 9 gender identity change efforts with a child shall be subject 10 to disciplinary action by the licensing entity or disciplinary 11 authority with professional jurisdiction over the practitioner. 12 Sec. 2. SEXUAL ORIENTATION AND GENDER IDENTITY CHANGE 13 EFFORTS —— CHILD FOSTER CARE —— MANDATORY REPORTERS —— RULES. 14 1. For the purposes of this section: 15 a. (1) “Child” means, as applicable, either a person less 16 than eighteen years of age or a person eighteen or nineteen 17 years of age who meets any of the following conditions: 18 (a) Is in full-time attendance at an accredited school 19 pursuing a course of study leading to a high school diploma. 20 (b) Is attending an instructional program leading to a high 21 school equivalency diploma. 22 (c) Has been identified by the director of special education 23 of the area education agency as a child requiring special 24 education as defined in section 256B.2, subsection 1. 25 (2) A person over eighteen years of age who has received a 26 high school diploma or a high school equivalency diploma is not 27 a “child” within the definition in this paragraph “a”. 28 b. “Mental injury” means the same as defined in section 29 232.2. 30 c. “Sexual orientation or gender identity change efforts” 31 means the same as defined in section 135.192. 32 2. The department of human services shall adopt rules 33 pursuant to chapter 17A relating to all of the following: 34 a. To prohibit, as a condition of licensure, an agency or 35 -2- LSB 5240XS (16) 88 pf/rh 2/ 4

S.F. 2257 individual licensed pursuant to chapter 237 to provide child 1 foster care from participating in sexual orientation or gender 2 identity change efforts with a child for whom the licensed 3 agency or individual is providing child foster care. 4 b. To identify research-based instruction that supports 5 lesbian, gay, bisexual, transgender, and questioning youth, 6 including linguistic tools such as the correct use of pronouns 7 and names, for incorporation into necessary training for 8 department staff and for agencies or individuals licensed 9 pursuant to chapter 237 to provide child foster care. 10 c. To provide guidance to a mandatory reporter, as 11 enumerated in section 232.69, subsection 1, in associating 12 sexual orientation or gender identity change efforts with a 13 child with mental injury constituting child abuse pursuant to 14 section 232.68, subsection 2. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill prohibits practitioners from engaging in sexual 19 orientation or gender identity change efforts with children 20 (individuals under 18 years of age). The bill provides 21 that a practitioner who engages in sexual orientation or 22 gender identity change efforts with a child is subject to 23 disciplinary action by the entity or disciplinary authority 24 with professional jurisdiction over the practitioner. 25 The bill also requires the department of human services 26 (DHS) to adopt administrative rules to prohibit, as a condition 27 of licensure, an agency or individual licensed to provide 28 child foster care from participating in sexual orientation 29 or gender identity change efforts with a child for whom the 30 licensed agency or individual is providing child foster care; 31 to identify research-based instruction that supports lesbian, 32 gay, bisexual, transgender, and questioning youth, including 33 linguistic tools such as the correct use of pronouns and names, 34 for incorporation into necessary training for DHS staff and for 35 -3- LSB 5240XS (16) 88 pf/rh 3/ 4

S.F. 2257 agencies or individuals licensed to provide child foster care; 1 and to provide guidance to a mandatory reporter in associating 2 sexual orientation or gender identity change efforts with a 3 child with mental injury constituting child abuse. 4 The bill provides definitions for “child”, “mental injury”, 5 “practitioner”, and “sexual orientation or gender identity 6 change efforts” for the purposes of the bill. 7 -4- LSB 5240XS (16) 88 pf/rh 4/ 4