§453J-1 Conversion therapy prohibited; advertising prohibited.

360 words·~2 min read·/hi/453j-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No person who is licensed to provide professional counseling shall:

(1)Engage in or attempt to engage in conversion therapy on a person under eighteen years of age; or

(2)Advertise the offering of conversion therapy on a person under eighteen years of age.

(b)Any person who is licensed to provide professional counseling who engages in or attempts to engage in the offering of conversion therapy on a person under eighteen years of age shall be subject to disciplinary action by the appropriate professional licensing authority.

(c)For purposes of this section:

"Advertise" means a communication made by or on behalf of a person who is licensed to provide professional counseling, made for the purpose of inducing or promoting a professional counseling relationship in which conversion therapy will be undertaken on a person under the age of eighteen. "Advertise" includes oral, written, graphic, or pictorial statements or representations, including those made through any electronic or print medium.

"Conversion therapy" means any practices or treatments that seek 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.

"Conversion therapy" shall not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity.

"Person who is licensed to provide professional counseling" means a person who performs counseling as part of the person's professional training, including a physician, especially one practicing psychiatry, licensed pursuant to chapter 453; psychologist licensed pursuant to chapter 465; nurse licensed pursuant to chapter 457; social worker licensed pursuant to chapter 467E; licensed mental health counselor licensed pursuant to chapter 453D; or licensed marriage and family therapist licensed pursuant to chapter 451J. [L 2018, c 13, §2; am L 2019, c 157, §2]