HB 587-FN - AS AMENDED BY THE SENATE

04/19/2018   1654s

2017 SESSION

17-0200

01/10

HOUSE BILL 587-FN

AN ACT relative to conversion therapy seeking to change a person's sexual orientation.

SPONSORS: Rep. Schleien, Hills. 37; Rep. Fisher, Belk. 9; Rep. Zaricki, Hills. 6; Rep. Butler, Carr. 7; Sen. Innis, Dist 24

COMMITTEE: Health, Human Services and Elderly Affairs

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ANALYSIS

This bill prohibits persons licensed to provide counseling services to propose to engage or engage in conversion therapy with a person under 18 years of age.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/19/2018   1654s 17-0200

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to conversion therapy seeking to change a person's sexual orientation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Chapter; Prohibiting Conversion Therapy on Minors.  Amend RSA by inserting after chapter 332-K the following new chapter:

CHAPTER 332-L

PROHIBITING CONVERSION THERAPY ON MINORS

332-L:1  Definition.  In this chapter, "conversion therapy" means practices or treatments that seek 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.  Conversion therapy shall not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity.

332-L:2  Prohibition; Violations, and Enforcement.

I.  A person who is licensed to provide professional counseling under RSA 326-B, RSA 328-D, RSA 329, RSA 329-B, RSA 330-A:16, RSA 330-A:18, RSA 330-A:19, RSA 330-A:20, RSA 330-A:21, or RSA 330-C, including, but not limited to, a nurse, physician assistant, physician, psychologist, clinical social worker, clinical mental health counselor, marriage and family therapist, or licensed alcohol and drug counselor, or a person who performs counseling as part of the person's professional training for any of these professions, shall not engage in conversion therapy with a person under 18 years of age.

II.  Any licensed professional, as listed in paragraph I, who proposes to engage or engages in conversion therapy on a patient under 18 years of age shall be considered to have engaged in unprofessional conduct and shall be subject to such discipline as the relevant licensing authority deems appropriate.

332-L:3  Non-Infringement.  Nothing in this chapter shall be construed to infringe on any constitutional right, including the free exercise of religion.

2  Effective Date.  This act shall take effect January 1, 2019.

  LBAO

17-0200

Amended 4/23/18

HB 587-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-1654s)

AN ACT relative to conversion therapy seeking to change a person's sexual orientation.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill prohibits persons licensed to provide counseling services from engaging in conversion therapy with a person under 18 years of age.  

The Office of Professional Licensure and Certification states the potential complaints or hearings that could possibly result from this legislation are uncertain, and revenues and expenditures are indeterminable.  

The Judicial Branch states that all of the licensing statutes listed provide for appeals of disciplinary actions under the respective statutes to the New Hampshire Supreme Court pursuant to RSA 541.  The Supreme Court has discretionary review of appeals and such appeals are speculative to estimate a fiscal impact.  There is no information on which to estimate the potential volume of appeals that could arise as a result of this bill.

The Judicial Council assumes that all violations of this statute by a person would take place within the context of that person's role as a professional therapist and it would therefore be unlikely that he or she would meet the eligibility standards for the appointment of counsel established by RSA 604:A-2-c.  Based on this assumption, the Judicial Council estimates there will be no fiscal impact on their operations as a result of the bill.

AGENCIES CONTACTED:

Judicial Branch, Departments of Justice and Health and Human Services, Judicial Council, New Hampshire Association of Counties, and Office of Professional Licensure and Certification