1     
PROHIBITION OF THE PRACTICE OF CONVERSION

2     
THERAPY UPON MINORS

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Craig Hall

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill enacts provisions relating to conversion therapy for minors.
11     Highlighted Provisions:
12          This bill:
13          ▸     prohibits certain health care professionals from providing conversion therapy to a
14     minor; and
15          ▸     adds a violation of the prohibition to the list of conduct that constitutes
16     unprofessional conduct for licensing purposes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-1-501, as last amended by Laws of Utah 2018, Chapter 318
24          58-1-502, as last amended by Laws of Utah 2018, Chapter 318
25     ENACTS:
26          58-1-509, Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 58-1-501 is amended to read:
30          58-1-501. Unlawful and unprofessional conduct.
31          (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
32     under this title and includes:
33          (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
34     attempting to practice or engage in any occupation or profession requiring licensure under this
35     title if the person is:
36          (i) not licensed to do so or not exempted from licensure under this title; or
37          (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
38     probationary, or inactive license;
39          (b) (i) impersonating another licensee or practicing an occupation or profession under a
40     false or assumed name, except as permitted by law; or
41          (ii) for a licensee who has had a license under this title reinstated following disciplinary
42     action, practicing the same occupation or profession using a different name than the name used
43     before the disciplinary action, except as permitted by law and after notice to, and approval by,
44     the division;
45          (c) knowingly employing any other person to practice or engage in or attempt to
46     practice or engage in any occupation or profession licensed under this title if the employee is
47     not licensed to do so under this title;
48          (d) knowingly permitting the person's authority to practice or engage in any occupation
49     or profession licensed under this title to be used by another, except as permitted by law;
50          (e) obtaining a passing score on a licensure examination, applying for or obtaining a
51     license, or otherwise dealing with the division or a licensing board through the use of fraud,
52     forgery, or intentional deception, misrepresentation, misstatement, or omission; or
53          (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
54     drug or device to a person located in this state:
55          (A) without prescriptive authority conferred by a license issued under this title, or by
56     an exemption to licensure under this title; or
57          (B) with prescriptive authority conferred by an exception issued under this title or a
58     multistate practice privilege recognized under this title, if the prescription was issued without

59     first obtaining information, in the usual course of professional practice, that is sufficient to
60     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
61     proposed treatment; and
62          (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
63     or cross coverage situation, provided that the person who issues the prescription has
64     prescriptive authority conferred by a license under this title, or is exempt from licensure under
65     this title.
66          (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
67     as unprofessional conduct under this title or under any rule adopted under this title and
68     includes:
69          (a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
70     regulating an occupation or profession under this title;
71          (b) violating, or aiding or abetting any other person to violate, any generally accepted
72     professional or ethical standard applicable to an occupation or profession regulated under this
73     title;
74          (c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea
75     of guilty or nolo contendere which is held in abeyance pending the successful completion of
76     probation with respect to a crime of moral turpitude or any other crime that, when considered
77     with the functions and duties of the occupation or profession for which the license was issued
78     or is to be issued, bears a reasonable relationship to the licensee's or applicant's ability to safely
79     or competently practice the occupation or profession;
80          (d) engaging in conduct that results in disciplinary action, including reprimand,
81     censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
82     authority having jurisdiction over the licensee or applicant in the same occupation or profession
83     if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
84     proceedings under Section 58-1-401;
85          (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
86     chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
87     ability of the licensee or applicant to safely engage in the occupation or profession;
88          (f) practicing or attempting to practice an occupation or profession regulated under this
89     title despite being physically or mentally unfit to do so;

90          (g) practicing or attempting to practice an occupation or profession regulated under this
91     title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
92          (h) practicing or attempting to practice an occupation or profession requiring licensure
93     under this title by any form of action or communication which is false, misleading, deceptive,
94     or fraudulent;
95          (i) practicing or attempting to practice an occupation or profession regulated under this
96     title beyond the scope of the licensee's competency, abilities, or education;
97          (j) practicing or attempting to practice an occupation or profession regulated under this
98     title beyond the scope of the licensee's license;
99          (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
100     conduct connected with the licensee's practice under this title or otherwise facilitated by the
101     licensee's license;
102          (l) acting as a supervisor without meeting the qualification requirements for that
103     position that are defined by statute or rule;
104          (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
105     drug or device:
106          (i) without first obtaining information in the usual course of professional practice, that
107     is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
108     the proposed treatment; or
109          (ii) with prescriptive authority conferred by an exception issued under this title, or a
110     multi-state practice privilege recognized under this title, if the prescription was issued without
111     first obtaining information, in the usual course of professional practice, that is sufficient to
112     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
113     proposed treatment;
114          (n) violating a provision of Section 58-1-501.5; [or]
115          (o) violating the prohibition in Section 58-1-509; or
116          [(o)] (p) violating the terms of an order governing a license.
117          (3) Unless otherwise specified by statute or administrative rule, in a civil or
118     administrative proceeding commenced by the division under this title, a person subject to any
119     of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
120     violation.

121          Section 2. Section 58-1-502 is amended to read:
122          58-1-502. Unlawful and unprofessional conduct -- Penalties.
123          (1) Unless otherwise specified in this title, a person who violates the unlawful conduct
124     provisions defined in this title is guilty of a class A misdemeanor.
125          (2) (a) In addition to any other statutory penalty for a violation related to a specific
126     occupation or profession regulated by this title, if upon inspection or investigation, the division
127     concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), or (2)[(o)](p), or a rule
128     or order issued with respect to those subsections, and that disciplinary action is appropriate, the
129     director or the director's designee from within the division shall promptly:
130          (i) issue a citation to the person according to this section and any pertinent rules;
131          (ii) attempt to negotiate a stipulated settlement; or
132          (iii) notify the person to appear before an adjudicative proceeding conducted under
133     Title 63G, Chapter 4, Administrative Procedures Act.
134          (b) (i) The division may assess a fine under this Subsection (2) against a person who
135     violates Subsection 58-1-501(1)(a), (1)(c), or (2)[(o)](p), or a rule or order issued with respect
136     to those subsections, as evidenced by:
137          (A) an uncontested citation;
138          (B) a stipulated settlement; or
139          (C) a finding of a violation in an adjudicative proceeding.
140          (ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i),
141     order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), or
142     (2)[(o)](p), or a rule or order issued with respect to those subsections.
143          (c) Except for a cease and desist order, the division may not assess the licensure
144     sanctions cited in Section 58-1-401 through a citation.
145          (d) A citation shall:
146          (i) be in writing;
147          (ii) describe with particularity the nature of the violation, including a reference to the
148     provision of the chapter, rule, or order alleged to have been violated;
149          (iii) clearly state that the recipient must notify the division in writing within 20
150     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
151     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and

152          (iv) clearly explain the consequences of failure to timely contest the citation or to make
153     payment of a fine assessed by the citation within the time specified in the citation.
154          (e) The division may issue a notice in lieu of a citation.
155          (f) (i) If within 20 calendar days from the service of the citation, the person to whom
156     the citation was issued fails to request a hearing to contest the citation, the citation becomes the
157     final order of the division and is not subject to further agency review.
158          (ii) The period to contest a citation may be extended by the division for cause.
159          (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
160     the license of a licensee who fails to comply with a citation after it becomes final.
161          (h) The failure of an applicant for licensure to comply with a citation after it becomes
162     final is a ground for denial of license.
163          (i) The division may not issue a citation under this section after the expiration of one
164     year following the occurrence of a violation.
165          (j) The director or the director's designee shall assess fines according to the following:
166          (i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
167          (ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000;
168     and
169          (iii) for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to
170     $2,000 for each day of continued offense.
171          (3) (a) An action for a first or second offense that has not yet resulted in a final order of
172     the division may not preclude initiation of a subsequent action for a second or subsequent
173     offense during the pendency of a preceding action.
174          (b) The final order on a subsequent action is considered a second or subsequent
175     offense, respectively, provided the preceding action resulted in a first or second offense,
176     respectively.
177          (4) (a) The director may collect a penalty that is not paid by:
178          (i) referring the matter to a collection agency; or
179          (ii) bringing an action in the district court of the county where the person against whom
180     the penalty is imposed resides or in the county where the office of the director is located.
181          (b) A county attorney or the attorney general of the state shall provide legal assistance
182     and advice to the director in an action to collect a penalty.

183          (c) A court may award reasonable attorney fees and costs to the prevailing party in an
184     action brought by the division to collect a penalty.
185          Section 3. Section 58-1-509 is enacted to read:
186          58-1-509. Prohibition on providing conversion therapy to a minor.
187          (1) As used in this section:
188          (a) (i) "Conversion therapy" means any practice or treatment that seeks to change the
189     sexual orientation or gender identity of a patient or client, including mental health therapy that
190     seeks to change, eliminate, or reduce behaviors, expressions, attractions, or feelings related to a
191     patient or client's sexual orientation or gender identity.
192          (ii) "Conversion therapy" does not mean a practice or treatment that does not seek to
193     change a patient or client's sexual orientation or gender identity, including mental health
194     therapy that:
195          (A) is neutral with respect to sexual orientation or gender identity;
196          (B) provides assistance to a patient or client undergoing gender transition;
197          (C) provides acceptance, support, and understanding of a patient or client;
198          (D) facilitates a patient or client's ability to cope, social support, and identity
199     exploration and development;
200          (E) addresses unlawful, unsafe, premarital, or extramarital sexual activities in a manner
201     that is neutral with respect to sexual orientation; or
202          (F) discusses with a patient or client the patient or client's moral or religious beliefs or
203     practices.
204          (b) "Health care professional" means an individual who is licensed, or an individual
205     who provides mental health therapy as part of the individual's training for a profession that is
206     licensed, under:
207          (i) Chapter 31b, Nurse Practice Act;
208          (ii) Chapter 60, Mental Health Professional Practice Act;
209          (iii) Chapter 61, Psychologist Licensing Act;
210          (iv) Chapter 67, Utah Medical Practice Act; or
211          (v) Chapter 68, Utah Osteopathic Medical Practice Act.
212          (2) A health care professional may not provide conversion therapy to a patient or client
213     who is younger than 18 years old.

214          (3) Subsection (2) does not apply to:
215          (a) a clergy member or religious counselor who is acting substantially in a pastoral or
216     religious capacity and not in the capacity of a health care professional; or
217          (b) a parent or grandparent who is a health care professional and who is acting
218     substantially in the capacity of a parent or grandparent and not in the capacity of a health care
219     professional.