Senate
File
2257
-
Introduced
SENATE
FILE
2257
BY
WAHLS
,
GIDDENS
,
DOTZLER
,
R.
TAYLOR
,
PETERSEN
,
RAGAN
,
JOCHUM
,
CELSI
,
BOLKCOM
,
J.
SMITH
,
KINNEY
,
QUIRMBACH
,
HOGG
,
LYKAM
,
T.
TAYLOR
,
BISIGNANO
,
BOULTON
,
and
MATHIS
A
BILL
FOR
An
Act
relating
to
sexual
orientation
and
gender
identity
1
change
efforts,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
135.192
Sexual
orientation
and
1
gender
identity
change
efforts
——
prohibitions
——
penalties.
2
1.
For
the
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Child”
means
an
individual
who
is
under
the
age
of
18.
5
b.
“Practitioner”
means
a
physician
and
surgeon
or
6
osteopathic
physician
and
surgeon
licensed
under
chapter
148
7
who
specializes
in
the
practice
of
psychiatry;
a
psychologist
8
licensed
under
chapter
154B;
a
licensed
marital
and
family
9
therapist
or
mental
health
counselor
or
a
temporary
licensed
10
marital
and
family
therapist
or
mental
health
counselor
as
11
defined
in
section
154D.1;
a
social
worker
licensed
pursuant
to
12
chapter
154C;
a
licensed
school
counselor,
school
psychologist,
13
or
school
social
worker;
an
advanced
registered
nurse
14
practitioner;
a
practitioner
as
defined
in
section
272.1;
a
15
victim
counselor
as
defined
in
section
915.20A;
a
psychiatric
16
nurse;
any
other
person
who
provides
counseling
or
mental
17
health
or
behavioral
health
services
as
a
part
of
the
person’s
18
professional
training
or
practice
under
Iowa
law
or
rule;
or
19
any
student,
intern,
volunteer,
or
other
person
assisting
20
or
acting
under
the
direction
or
guidance
of
any
of
these
21
professionals.
22
c.
(1)
“Sexual
orientation
or
gender
identity
change
23
efforts”
means
any
practice
or
treatment
by
a
practitioner
24
that
seeks
to
change
an
individual’s
sexual
orientation
or
25
gender
identity,
including
but
not
limited
to
efforts
to
change
26
behaviors
or
gender
expressions,
or
to
eliminate
or
reduce
27
sexual
or
romantic
attractions
or
feelings
toward
individuals
28
of
the
same
gender.
29
(2)
“Sexual
orientation
or
gender
identity
change
efforts”
30
does
not
include
any
of
the
following
practices,
as
long
as
the
31
practice
does
not
seek
to
change
sexual
orientation
or
gender
32
identity:
33
(a)
Counseling
or
therapy
that
provides
acceptance,
34
support,
and
understanding
of
the
individual
or
the
35
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facilitation
of
an
individual’s
coping,
social
support,
1
and
identity
exploration
and
development,
including
sexual
2
orientation-neutral
interventions
to
prevent
or
address
3
unlawful
conduct
or
unsafe
sexual
practices.
4
(b)
Counseling
for
an
individual
seeking
to
transition
from
5
one
gender
to
another.
6
2.
A
practitioner
shall
not
engage
in
sexual
orientation
or
7
gender
identity
change
efforts
with
a
child.
8
3.
A
practitioner
who
engages
in
sexual
orientation
or
9
gender
identity
change
efforts
with
a
child
shall
be
subject
10
to
disciplinary
action
by
the
licensing
entity
or
disciplinary
11
authority
with
professional
jurisdiction
over
the
practitioner.
12
Sec.
2.
SEXUAL
ORIENTATION
AND
GENDER
IDENTITY
CHANGE
13
EFFORTS
——
CHILD
FOSTER
CARE
——
MANDATORY
REPORTERS
——
RULES.
14
1.
For
the
purposes
of
this
section:
15
a.
(1)
“Child”
means,
as
applicable,
either
a
person
less
16
than
eighteen
years
of
age
or
a
person
eighteen
or
nineteen
17
years
of
age
who
meets
any
of
the
following
conditions:
18
(a)
Is
in
full-time
attendance
at
an
accredited
school
19
pursuing
a
course
of
study
leading
to
a
high
school
diploma.
20
(b)
Is
attending
an
instructional
program
leading
to
a
high
21
school
equivalency
diploma.
22
(c)
Has
been
identified
by
the
director
of
special
education
23
of
the
area
education
agency
as
a
child
requiring
special
24
education
as
defined
in
section
256B.2,
subsection
1.
25
(2)
A
person
over
eighteen
years
of
age
who
has
received
a
26
high
school
diploma
or
a
high
school
equivalency
diploma
is
not
27
a
“child”
within
the
definition
in
this
paragraph
“a”.
28
b.
“Mental
injury”
means
the
same
as
defined
in
section
29
232.2.
30
c.
“Sexual
orientation
or
gender
identity
change
efforts”
31
means
the
same
as
defined
in
section
135.192.
32
2.
The
department
of
human
services
shall
adopt
rules
33
pursuant
to
chapter
17A
relating
to
all
of
the
following:
34
a.
To
prohibit,
as
a
condition
of
licensure,
an
agency
or
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individual
licensed
pursuant
to
chapter
237
to
provide
child
1
foster
care
from
participating
in
sexual
orientation
or
gender
2
identity
change
efforts
with
a
child
for
whom
the
licensed
3
agency
or
individual
is
providing
child
foster
care.
4
b.
To
identify
research-based
instruction
that
supports
5
lesbian,
gay,
bisexual,
transgender,
and
questioning
youth,
6
including
linguistic
tools
such
as
the
correct
use
of
pronouns
7
and
names,
for
incorporation
into
necessary
training
for
8
department
staff
and
for
agencies
or
individuals
licensed
9
pursuant
to
chapter
237
to
provide
child
foster
care.
10
c.
To
provide
guidance
to
a
mandatory
reporter,
as
11
enumerated
in
section
232.69,
subsection
1,
in
associating
12
sexual
orientation
or
gender
identity
change
efforts
with
a
13
child
with
mental
injury
constituting
child
abuse
pursuant
to
14
section
232.68,
subsection
2.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
prohibits
practitioners
from
engaging
in
sexual
19
orientation
or
gender
identity
change
efforts
with
children
20
(individuals
under
18
years
of
age).
The
bill
provides
21
that
a
practitioner
who
engages
in
sexual
orientation
or
22
gender
identity
change
efforts
with
a
child
is
subject
to
23
disciplinary
action
by
the
entity
or
disciplinary
authority
24
with
professional
jurisdiction
over
the
practitioner.
25
The
bill
also
requires
the
department
of
human
services
26
(DHS)
to
adopt
administrative
rules
to
prohibit,
as
a
condition
27
of
licensure,
an
agency
or
individual
licensed
to
provide
28
child
foster
care
from
participating
in
sexual
orientation
29
or
gender
identity
change
efforts
with
a
child
for
whom
the
30
licensed
agency
or
individual
is
providing
child
foster
care;
31
to
identify
research-based
instruction
that
supports
lesbian,
32
gay,
bisexual,
transgender,
and
questioning
youth,
including
33
linguistic
tools
such
as
the
correct
use
of
pronouns
and
names,
34
for
incorporation
into
necessary
training
for
DHS
staff
and
for
35
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2257
agencies
or
individuals
licensed
to
provide
child
foster
care;
1
and
to
provide
guidance
to
a
mandatory
reporter
in
associating
2
sexual
orientation
or
gender
identity
change
efforts
with
a
3
child
with
mental
injury
constituting
child
abuse.
4
The
bill
provides
definitions
for
“child”,
“mental
injury”,
5
“practitioner”,
and
“sexual
orientation
or
gender
identity
6
change
efforts”
for
the
purposes
of
the
bill.
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