SF 2257 (LSB 5240XS (16) 88)

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 change efforts, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.192  Sexual orientation and gender identity change efforts� —— prohibitions —— penalties.
   1.  For the purposes of this section, unless the context otherwise requires: 
   a.  “Child” means an individual who is under the age of 18.
   b.  “Practitioner” 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; an advanced registered nurse practitioner; a practitioner as defined in section 272.1; a victim counselor as defined in section 915.20A; a psychiatric nurse; 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.
   c.  (1)  “Sexual orientation or gender identity change efforts” means any practice or treatment by a practitioner that seeks to change an individual’s sexual orientation or gender identity, 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 gender.
   (2)  “Sexual orientation or gender identity change efforts” does not include any of the following practices, as long as the practice does not seek to change sexual orientation or gender identity: 
   (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)  Counseling for an individual seeking to transition from one gender to another.
   2.  A practitioner shall not engage in sexual orientation or gender identity change efforts with a child.
   3.  A practitioner who engages in sexual orientation or gender identity change efforts with a child shall be subject to disciplinary action by the licensing entity or disciplinary authority with professional jurisdiction over the practitioner. 
    Sec. 2.  SEXUAL ORIENTATION AND GENDER IDENTITY CHANGE EFFORTS —— CHILD FOSTER CARE —— MANDATORY REPORTERS —— RULES.
   1.  For the purposes of this section:
   a.  (1)  “Child” means, as applicable, either a person less than eighteen years of age or a person eighteen or nineteen years of age who meets any of the following conditions:
   (a)  Is in full-time attendance at an accredited school pursuing a course of study leading to a high school diploma.
   (b)  Is attending an instructional program leading to a high school equivalency diploma.
   (c)  Has been identified by the director of special education of the area education agency as a child requiring special education as defined in section 256B.2, subsection 1.
   (2)  A person over eighteen years of age who has received a high school diploma or a high school equivalency diploma is not a “child” within the definition in this paragraph “a”. 
   b.  “Mental injury” means the same as defined in section 232.2.
   c.  “Sexual orientation or gender identity change efforts” means the same as defined in section 135.192.
   2.  The department of human services shall adopt rules pursuant to chapter 17A relating to all of the following:
   a.  To prohibit, as a condition of licensure, an agency or individual licensed pursuant to chapter 237 to provide child foster care from participating in sexual orientation or gender identity change efforts with a child for whom the licensed agency or individual is providing child foster care.
   b.  To identify research-based instruction that supports lesbian, gay, bisexual, transgender, and questioning youth, including linguistic tools such as the correct use of pronouns and names, for incorporation into necessary training for department staff and for agencies or individuals licensed pursuant to chapter 237 to provide child foster care. 
   c.  To provide guidance to a mandatory reporter, as enumerated in section 232.69, subsection 1, in associating sexual orientation or gender identity change efforts with a child with mental injury constituting child abuse pursuant to section 232.68, subsection 2.
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 practitioners from engaging in sexual orientation or gender identity change efforts with children (individuals under 18 years of age). The bill provides that a practitioner who engages in sexual orientation or gender identity change efforts with a child is subject to disciplinary action by the entity or disciplinary authority with professional jurisdiction over the practitioner.
   The bill also requires the department of human services (DHS) to adopt administrative rules to prohibit, as a condition of licensure, an agency or individual licensed to provide child foster care from participating in sexual orientation or gender identity change efforts with a child for whom the licensed agency or individual is providing child foster care; to identify research-based instruction that supports lesbian, gay, bisexual, transgender, and questioning youth, including linguistic tools such as the correct use of pronouns and names, for incorporation into necessary training for DHS staff and for agencies or individuals licensed to provide child foster care; and to provide guidance to a mandatory reporter in associating sexual orientation or gender identity change efforts with a child with mental injury constituting child abuse. 
   The bill provides definitions for “child”, “mental injury”, “practitioner”, and “sexual orientation or gender identity change efforts” for the purposes of the bill.