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House File 106 - IntroducedA Bill ForAn Act 1prohibiting mental health providers from engaging in
2sexual orientation change efforts with a patient of any age,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.192 Sexual orientation change
2efforts.
31. For the purposes of this section, unless the context
4otherwise requires:
5a. “Mental health provider” means a physician and surgeon or
6osteopathic physician and surgeon licensed under chapter 148
7who specializes in the practice of psychiatry; a psychologist
8licensed under chapter 154B; a licensed marital and family
9therapist or mental health counselor or a temporary licensed
10marital and family therapist or mental health counselor as
11defined in section 154D.1; a social worker licensed pursuant to
12chapter 154C; a licensed school counselor, school psychologist,
13or school social worker; or an advanced registered nurse
14practitioner, a psychiatric nurse, or any other person who
15provides counseling or mental health or behavioral health
16services as a part of the person’s professional training or
17practice under Iowa law or rule, or any student, intern,
18volunteer, or other person assisting or acting under the
19direction or guidance of any of these professionals.
20b. “Patient” means an individual who is under the care of a
21mental health provider.
22c. (1) “Sexual orientation change efforts” means any
23practice by a mental health provider that seeks to change an
24individual’s sexual orientation, including but not limited
25to efforts to change behaviors or gender expressions or
26gender identity, or to eliminate or reduce sexual or romantic
27attractions or feelings toward individuals of the same sex.
28(2) “Sexual orientation change efforts” does not include any
29of the following:
30(a) Counseling or therapy that provides acceptance,
31support, and understanding of the individual or the
32facilitation of an individual’s coping, social support,
33and identity exploration and development, including sexual
34orientation-neutral interventions to prevent or address
35unlawful conduct or unsafe sexual practices.
-1- 1(b) Psychotherapies that do not seek to change sexual
2orientation.
3(c) Counseling for an individual seeking to transition from
4one gender to another.
52. A mental health provider shall not engage in sexual
6orientation change efforts with a patient.
73. A mental health provider who engages in sexual
8orientation change efforts with a patient shall be subject to
9disciplinary action by the licensing entity or disciplinary
10authority with professional jurisdiction over the mental health
11provider.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill prohibits a mental health provider from engaging
16in sexual orientation change efforts with a patient of any age.
17The bill provides that a mental health provider who engages in
18sexual orientation change efforts with a patient is subject to
19disciplinary action by the entity or disciplinary authority
20with professional jurisdiction over the mental health provider.
-2-pf/rh
2sexual orientation change efforts with a patient of any age,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.192 Sexual orientation change
2efforts.
31. For the purposes of this section, unless the context
4otherwise requires:
5a. “Mental health provider” means a physician and surgeon or
6osteopathic physician and surgeon licensed under chapter 148
7who specializes in the practice of psychiatry; a psychologist
8licensed under chapter 154B; a licensed marital and family
9therapist or mental health counselor or a temporary licensed
10marital and family therapist or mental health counselor as
11defined in section 154D.1; a social worker licensed pursuant to
12chapter 154C; a licensed school counselor, school psychologist,
13or school social worker; or an advanced registered nurse
14practitioner, a psychiatric nurse, or any other person who
15provides counseling or mental health or behavioral health
16services as a part of the person’s professional training or
17practice under Iowa law or rule, or any student, intern,
18volunteer, or other person assisting or acting under the
19direction or guidance of any of these professionals.
20b. “Patient” means an individual who is under the care of a
21mental health provider.
22c. (1) “Sexual orientation change efforts” means any
23practice by a mental health provider that seeks to change an
24individual’s sexual orientation, including but not limited
25to efforts to change behaviors or gender expressions or
26gender identity, or to eliminate or reduce sexual or romantic
27attractions or feelings toward individuals of the same sex.
28(2) “Sexual orientation change efforts” does not include any
29of the following:
30(a) Counseling or therapy that provides acceptance,
31support, and understanding of the individual or the
32facilitation of an individual’s coping, social support,
33and identity exploration and development, including sexual
34orientation-neutral interventions to prevent or address
35unlawful conduct or unsafe sexual practices.
-1- 1(b) Psychotherapies that do not seek to change sexual
2orientation.
3(c) Counseling for an individual seeking to transition from
4one gender to another.
52. A mental health provider shall not engage in sexual
6orientation change efforts with a patient.
73. A mental health provider who engages in sexual
8orientation change efforts with a patient shall be subject to
9disciplinary action by the licensing entity or disciplinary
10authority with professional jurisdiction over the mental health
11provider.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill prohibits a mental health provider from engaging
16in sexual orientation change efforts with a patient of any age.
17The bill provides that a mental health provider who engages in
18sexual orientation change efforts with a patient is subject to
19disciplinary action by the entity or disciplinary authority
20with professional jurisdiction over the mental health provider.
-2-pf/rh