Bill Text: IA HF424 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act prohibiting mental health providers from engaging in sexual orientation change efforts with a patient of any age, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2017-02-23 - Introduced, referred to Human Resources. H.J. 458. [HF424 Detail]

Download: Iowa-2017-HF424-Introduced.html

House File 424 - Introduced




                                 HOUSE FILE       
                                 BY  M. SMITH, OLDSON,
                                     BENNETT, ANDERSON,
                                     STAED, HEDDENS,
                                     KACENA, BROWN=POWERS,
                                     LENSING, KURTH,
                                     WESSEL=KROESCHELL,
                                     WINCKLER, PRICHARD,
                                     HUNTER, GASKILL, and
                                     McCONKEY

                                      A BILL FOR

  1 An Act prohibiting mental health providers from engaging in
  2    sexual orientation change efforts with a patient of any age,
  3    and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2489YH (3) 87
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PAG LIN



  1  1    Section 1.  NEW SECTION.  135.191  Sexual orientation change
  1  2 efforts.
  1  3    1.  For the purposes of this division, unless the context
  1  4 otherwise requires:
  1  5    a.  "Mental health provider" means a physician and surgeon or
  1  6 osteopathic physician and surgeon licensed under chapter 148
  1  7 who specializes in the practice of psychiatry;  a psychologist
  1  8 licensed under chapter 154B; a licensed marital and family
  1  9 therapist or mental health counselor or a temporary licensed
  1 10 marital and family therapist or mental health counselor as
  1 11 defined in section 154D.1; a social worker licensed pursuant to
  1 12 chapter 154C; a licensed school counselor,  school psychologist,
  1 13 or school social worker; or an advanced registered nurse
  1 14 practitioner, a psychiatric nurse, or any other person who
  1 15 provides  counseling or mental health or behavioral health
  1 16 services as a part of the person's professional training or
  1 17 practice under Iowa law or rule, or any student, intern,
  1 18 volunteer, or other person assisting or acting under the
  1 19 direction or guidance of any of these professionals.
  1 20    b.  "Patient" means an individual who is under the care of a
  1 21 mental health provider.
  1 22    c.  (1)  "Sexual orientation change efforts" means any
  1 23 practice by a mental health provider that seeks to change an
  1 24 individual's sexual orientation, including but not limited
  1 25 to efforts to change behaviors or gender expressions or
  1 26 gender identity, or to eliminate or reduce sexual or romantic
  1 27 attractions or feelings toward individuals of the same sex.
  1 28    (2)  "Sexual orientation change efforts" does not include any
  1 29 of the following:
  1 30    (a)  Counseling or therapy that provides acceptance,
  1 31 support, and understanding of the individual or the
  1 32 facilitation of an individual's coping, social support,
  1 33 and identity exploration and development, including sexual
  1 34 orientation=neutral interventions to prevent or address
  1 35 unlawful conduct or unsafe sexual practices.
  2  1    (b)  Psychotherapies that do not seek to change sexual
  2  2 orientation.
  2  3    (c)  Counseling for an individual seeking to transition from
  2  4 one gender to another.
  2  5    2.  A mental health provider shall not engage in sexual
  2  6 orientation change efforts with a patient.
  2  7    3.  A mental health provider who engages in sexual
  2  8 orientation change efforts  with a patient shall be subject to
  2  9 disciplinary action by the licensing entity or disciplinary
  2 10 authority with professional jurisdiction over the mental health
  2 11 provider.
  2 12                           EXPLANATION
  2 13 The inclusion of this explanation does not constitute agreement with
  2 14 the explanation's substance by the members of the general assembly.
  2 15    This bill prohibits a mental health provider from engaging
  2 16 in sexual orientation change efforts with a patient of any age.
  2 17 The bill provides that a mental health provider who engages in
  2 18 sexual orientation change efforts with a patient is subject to
  2 19 disciplinary action by the entity or disciplinary authority
  2 20 with professional jurisdiction over the mental health provider.
       LSB 2489YH (3) 87
       pf/nh
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