8 Francis D. Gibson
Eric K. Hutchings
10 LONG TITLE
11 General Description:
12 This bill modifies and enacts provisions relating to conversion therapy for minors.
13 Highlighted Provisions:
14 This bill:
15 ▸ prohibits certain mental health therapists from providing conversion therapy to a
17 ▸ limits the application of the prohibition; and
18 ▸ makes a violation of the prohibition unprofessional conduct.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 58-60-110, as last amended by Laws of Utah 2001, Chapter 281
27 58-60-118, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-60-110 is amended to read:
31 58-60-110. Unprofessional conduct.
32 (1) As used in this chapter, "unprofessional conduct" includes:
33 (a) using or employing the services of any individual to assist a licensee in any manner
34 not in accordance with the generally recognized practices, standards, or ethics of the profession
35 for which the individual is licensed, or the laws of the state;
36 (b) failure to confine practice conduct to those acts or practices:
37 (i) in which the individual is competent by education, training, and experience within
38 limits of education, training, and experience; [
39 (ii) which are within applicable scope of practice laws of this chapter; and
40 (c) disclosing or refusing to disclose any confidential communication under Section
41 58-60-114 or 58-60-509[
42 (d) a violation of Subsection 58-60-118(2).
43 (2) "Unprofessional conduct" under this chapter may be further defined by division
45 Section 2. Section 58-60-118 is enacted to read:
46 58-60-118. Prohibition on providing conversion therapy to a minor.
47 (1) As used in this section:
48 (a) "Conversion therapy" means a practice or treatment that:
49 (i) claims that therapy will result in a complete and permanent reversal in the patient or
50 client's sexual orientation;
51 (ii) asserts that a complete and permanent change in the patient or client's sexual
52 orientation is necessary;
53 (iii) subjects a patient or client to physical discomfort through aversive treatment that
54 causes nausea, vomiting, or other unpleasant physical sensations; or
55 (iv) provides electric shock or other electrical therapy, including electroconvulsive
56 therapy or transcranial magnet stimulation.
57 (b) "Conversion therapy" does not mean a practice or treatment that:
58 (i) is neutral with respect to sexual orientation and gender identity;
59 (ii) provides assistance to a patient or client undergoing gender transition;
60 (iii) explores the patient or client's assumptions and goals by permitting a patient or
61 client to decide how to self-identify and live out the patient or client's sexual orientation or
62 gender identity;
63 (iv) provides acceptance, support, and understanding of a patient or client's sexual
64 orientation identity and gender identity, without an a priori treatment goal;
65 (v) facilitates a patient or client's ability to cope, to develop social support, and to
66 explore or develop the patient or client's identity;
67 (vi) addresses unlawful, unsafe, premarital, or extramarital sexual activities in a
68 manner that is neutral with respect to sexual orientation;
69 (vii) discusses with a patient or client the patient or client's moral or religious beliefs or
70 practices; or
71 (viii) provides acceptance, support, and understanding of a patient or client's moral or
72 religious beliefs or practices.
73 (2) A mental health therapist may not provide conversion therapy to a patient or client
74 who is younger than 18 years old.
75 (3) Subsection (2) does not apply to:
76 (a) a clergy member or religious counselor who is acting substantially in a pastoral or
77 religious capacity and not in the capacity of a mental health therapist; or
78 (b) a parent or grandparent who is a mental health therapist with respect to counseling
79 a child or grandchild of the parent or grandparent.