Senate File 2249 - Introduced SENATE FILE 2249 BY WEINER , QUIRMBACH , PETERSEN , TRONE GARRIOTT , CELSI , BOULTON , DOTZLER , and DONAHUE A BILL FOR An Act prohibiting conversion therapy for certain clients, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6124XS (7) 90 pf/ko

S.F. 2249 Section 1. NEW SECTION . 135.194 Definitions. 1 As used in this subchapter, unless otherwise defined: 2 1. “Client” means a person requesting or receiving service 3 from a mental health professional within the context of 4 a relationship that a reasonable person would construe as 5 a professional relationship. “Client” includes a child, 6 adolescent, adult, couple, family, group, organization, 7 community, or other entity. 8 2. a. “Conversion therapy” means any counseling, practice, 9 or treatment by a mental health professional that seeks to 10 change an individual’s sexual orientation or gender identity, 11 including efforts to change behaviors or gender expressions, 12 or to eliminate or reduce sexual or romantic attractions or 13 feelings toward individuals of the same gender. 14 b. “Conversion therapy” does not include any of the 15 following, as long as the counseling, practice, or treatment 16 does not seek to change an individual’s sexual orientation or 17 gender identity: 18 (1) Counseling, practice, or treatment that provides 19 assistance to an individual undergoing gender transition. 20 (2) Counseling, practice, or treatment that provides 21 acceptance, support, and understanding of an individual, or 22 that facilitates an individual’s coping, social support, 23 and identity exploration and development, including 24 sexual-orientation-neutral interventions to prevent or address 25 unlawful conduct or unsafe sexual practices. 26 3. “Mental health professional” means the same as defined 27 in section 228.1. 28 4. “Protected person” means the same as defined in section 29 633.3. 30 Sec. 2. NEW SECTION . 135.195 Prohibition —— licensee 31 discipline —— relief for violations. 32 1. A mental health professional shall not engage in 33 conversion therapy with a client younger than eighteen years of 34 age, or with a client who is a protected person. 35 -1- LSB 6124XS (7) 90 pf/ko 1/ 5

S.F. 2249 2. A mental health professional who engages in conversion 1 therapy with a client younger than eighteen years of age, 2 or with a client who is a protected person, is subject 3 to disciplinary action for unprofessional conduct by the 4 appropriate licensing board or entity. 5 3. a. A person may assert an actual or threatened violation 6 of this section as a claim or defense in a judicial or 7 administrative proceeding and may obtain compensatory damages, 8 injunctive relief, declaratory relief, or any other appropriate 9 relief. 10 b. An action brought for a violation of this section shall 11 be brought within two years after the cause of action accrues. 12 However, a person younger than eighteen years of age may bring 13 an action through a parent or legal guardian, and may bring an 14 action in the person’s own name upon reaching majority and for 15 twenty years after reaching majority. 16 c. Notwithstanding any other law to the contrary, an 17 action under this section may be commenced, and relief may be 18 granted, in a judicial proceeding without regard to whether the 19 person commencing the action has sought or exhausted available 20 administrative remedies. In an action or proceeding to 21 enforce this section, a prevailing party may recover reasonable 22 attorney fees. 23 d. The attorney general may bring an action to enforce this 24 section. 25 e. Nothing in this section shall be construed to deny, 26 impair, or otherwise affect any right or authority of the 27 attorney general, the state, or any agency, officer, or 28 employee of the state to institute or intervene in any 29 proceeding. 30 Sec. 3. NEW SECTION . 249A.19 Reimbursement —— conversion 31 therapy. 32 The department shall adopt rules pursuant to chapter 17A 33 to prohibit reimbursement under the Medicaid program for 34 conversion therapy as prohibited under section 135.195. 35 -2- LSB 6124XS (7) 90 pf/ko 2/ 5

S.F. 2249 Sec. 4. NEW SECTION . 714.30 Advertisement and offering of 1 services —— misrepresentation of conversion therapy. 2 1. A person shall not, while conducting any trade or 3 commerce, use or employ any fraud, false pretense, false 4 promise, false guarantee, misrepresentation, false or 5 misleading statements, or deceptive practice by advertising 6 or otherwise offering conversion therapy services that 7 could reasonably be interpreted or inferred as representing 8 homosexuality as a mental disease, disorder, or illness, or as 9 guaranteeing to change an individual’s sexual orientation or 10 gender identity. 11 2. A person who violates this section commits a fraudulent 12 practice in the third degree pursuant to section 714.11. 13 3. For the purposes of this section, “conversion therapy” 14 means the same as defined in section 135.194. 15 Sec. 5. CODE EDITOR DIRECTIVE. The Code editor is directed 16 to create a new subchapter XXXVII in chapter 135 as follows: 17 subchapter XXXVII shall be entitled “CONVERSION THERAPY 18 PROHIBITION” and include sections 135.194 and 135.195. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to conversion therapy. 23 The bill provides definitions including “client”, 24 “conversion therapy”, “mental health professional”, and 25 “protected person”. 26 The bill prohibits a mental health professional from 27 engaging in conversion therapy with a client younger than 18 28 years of age, or with a client who is a protected person. A 29 mental health professional who engages in conversion therapy 30 with a client younger than 18 years of age, or with a client who 31 is a protected person, is subject to disciplinary action for 32 unprofessional conduct by the appropriate licensing board or 33 entity. 34 The bill provides that a person may assert an actual 35 -3- LSB 6124XS (7) 90 pf/ko 3/ 5

S.F. 2249 or threatened violation of the bill as a claim or defense 1 in a judicial or administrative proceeding and may obtain 2 compensatory damages, injunctive relief, declaratory relief, 3 or any other appropriate relief. An action brought for a 4 violation of the bill shall be brought within two years after 5 the cause of action accrues. However, a person younger than 6 18 years of age may bring an action through a parent or legal 7 guardian, and may bring an action in the person’s own name upon 8 reaching majority and for 20 years after reaching majority. 9 An action may be commenced, and relief may be granted, in 10 a judicial proceeding without regard to whether the person 11 commencing the action has sought or exhausted available 12 administrative remedies. In an action or proceeding to enforce 13 the bill, a prevailing party may recover reasonable attorney 14 fees. The attorney general may bring an action to enforce 15 the bill and the bill shall not be construed to deny, impair, 16 or otherwise affect any right or authority of the attorney 17 general, the state, or any agency, officer, or employee of the 18 state to institute or intervene in any proceeding. 19 The bill also requires the department of health and 20 human services to adopt administrative rules to prohibit 21 reimbursement under the Medicaid program for conversion therapy 22 as prohibited under the bill. 23 The bill prohibits a person, while conducting any trade 24 or commerce, to use or employ any fraud, false pretense, 25 false promise, false guarantee, misrepresentation, false or 26 misleading statements, or deceptive practice by advertising 27 or otherwise offering conversion therapy services that 28 could reasonably be interpreted or inferred as representing 29 homosexuality as a mental disease, disorder, or illness, or 30 as guaranteeing to change an individual’s sexual orientation 31 or gender identity. A person who violates this provision of 32 the bill commits a fraudulent practice in the third degree. 33 A fraudulent practice in the third degree is an aggravated 34 misdemeanor which is punishable by confinement for no more than 35 -4- LSB 6124XS (7) 90 pf/ko 4/ 5

S.F. 2249 two years and a fine of at least $855 but not more than $8,540. 1 -5- LSB 6124XS (7) 90 pf/ko 5/ 5