Bill Text: IA SF2249 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting conversion therapy for certain clients, and providing penalties.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2024-02-08 - Subcommittee: Edler, Costello, and Petersen. S.J. 253. [SF2249 Detail]

Download: Iowa-2023-SF2249-Introduced.html

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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
providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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.
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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.
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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
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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
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two years and a fine of at least $855 but not more than $8,540.
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