SF 2249 (LSB 6124XS (7) 90)

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 providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.194  Definitions.
   As used in this subchapter, unless otherwise defined:
   1.  “Client” means a person requesting or receiving service from a mental health professional within the context of a relationship that a reasonable person would construe as a professional relationship. “Client” includes a child, adolescent, adult, couple, family, group, organization, community, or other entity.
   2.  a.  “Conversion therapy” means any counseling, practice, or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.
   b.  “Conversion therapy” does not include any of the following, as long as the counseling, practice, or treatment does not seek to change an individual’s sexual orientation or gender identity:
   (1)  Counseling, practice, or treatment that provides assistance to an individual undergoing gender transition.
   (2)  Counseling, practice, or treatment that provides acceptance, support, and understanding of an individual, or that facilitates 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.
   3.  “Mental health professional” means the same as defined in section 228.1.
   4.  “Protected person” means the same as defined in section 633.3.
    Sec. 2.  NEW SECTION.  135.195  Prohibition —— licensee discipline —— relief for violations.
   1.  A mental health professional shall not engage in conversion therapy with a client younger than eighteen years of age, or with a client who is a protected person.
   2.  A mental health professional who engages in conversion therapy with a client younger than eighteen years of age, or with a client who is a protected person, is subject to disciplinary action for unprofessional conduct by the appropriate licensing board or entity.
   3.  a.  A person may assert an actual or threatened violation of this section as a claim or defense in a judicial or administrative proceeding and may obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief.
   b.  An action brought for a violation of this section shall be brought within two years after the cause of action accrues. However, a person younger than eighteen years of age may bring an action through a parent or legal guardian, and may bring an action in the person’s own name upon reaching majority and for twenty years after reaching majority.
   c.  Notwithstanding any other law to the contrary, an action under this section may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. In an action or proceeding to enforce this section, a prevailing party may recover reasonable attorney fees.
   d.  The attorney general may bring an action to enforce this section.
   e.  Nothing in this section shall be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state to institute or intervene in any proceeding.
    Sec. 3.  NEW SECTION.  249A.19  Reimbursement —— conversion therapy.
   The department shall adopt rules pursuant to chapter 17A to prohibit reimbursement under the Medicaid program for conversion therapy as prohibited under section 135.195.
    Sec. 4.  NEW SECTION.  714.30  Advertisement and offering of services —— misrepresentation of conversion therapy.
   1.  A person shall not, while conducting any trade or commerce, use or employ any fraud, false pretense, false promise, false guarantee, misrepresentation, false or misleading statements, or deceptive practice by advertising or otherwise offering conversion therapy services that could reasonably be interpreted or inferred as representing homosexuality as a mental disease, disorder, or illness, or as guaranteeing to change an individual’s sexual orientation or gender identity.
   2.  A person who violates this section commits a fraudulent practice in the third degree pursuant to section 714.11.
   3.  For the purposes of this section, “conversion therapy” means the same as defined in section 135.194.
    Sec. 5.  CODE EDITOR DIRECTIVE.  The Code editor is directed to create a new subchapter XXXVII in chapter 135 as follows: subchapter XXXVII shall be entitled “CONVERSION THERAPY PROHIBITION” and include sections 135.194 and 135.195.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to conversion therapy.
   The bill provides definitions including “client”, “conversion therapy”, “mental health professional”, and “protected person”.
   The bill prohibits a mental health professional from engaging in conversion therapy with a client younger than 18 years of age, or with a client who is a protected person. A mental health professional who engages in conversion therapy with a client younger than 18 years of age, or with a client who is a protected person, is subject to disciplinary action for unprofessional conduct by the appropriate licensing board or entity.
   The bill provides that a person may assert an actual or threatened violation of the bill as a claim or defense in a judicial or administrative proceeding and may obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. An action brought for a violation of the bill shall be brought within two years after the cause of action accrues. However, a person younger than 18 years of age may bring an action through a parent or legal guardian, and may bring an action in the person’s own name upon reaching majority and for 20 years after reaching majority. An action may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. In an action or proceeding to enforce the bill, a prevailing party may recover reasonable attorney fees. The attorney general may bring an action to enforce the bill and the bill shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state to institute or intervene in any proceeding.
   The bill also requires the department of health and human services to adopt administrative rules to prohibit reimbursement under the Medicaid program for conversion therapy as prohibited under the bill.
   The bill prohibits a person, while conducting any trade or commerce, to use or employ any fraud, false pretense, false promise, false guarantee, misrepresentation, false or misleading statements, or deceptive practice by advertising or otherwise offering conversion therapy services that could reasonably be interpreted or inferred as representing homosexuality as a mental disease, disorder, or illness, or as guaranteeing to change an individual’s sexual orientation or gender identity. A person who violates this provision of the bill commits a fraudulent practice in the third degree. A fraudulent practice in the third degree is an aggravated misdemeanor which is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.