HF3376

Purpose

• Repeal a state prohibition on conversion therapy and clarify how conversion therapy is defined and handled in relation to public health programs.

What the bill does

• Repeals the current Minnesota statute that bans conversion therapy for minors and vulnerable adults (section 214.078).
• Maintains a definition of conversion therapy and sets a specific rule about whether it is covered by Medical Assistance (MA).
• Removes the prohibition and related disciplinary framework tied to conversion therapy by repealing the old statute, while still outlining what would count as conversion therapy under the amended provisions.

Main provisions

• Section 1 (Amendment of 256B.0625, subdivision 5n):

  • Defines conversion therapy as any practice by a mental health practitioner or mental health professional intended to change an individual’s sexual orientation or gender identity, including efforts to change behaviors, gender expressions, or reduce same-sex attractions.
  • States that medical assistance does not cover conversion therapy.
  • Adds exceptions for counseling or treatment that:
  • Provides acceptance, support, and understanding of an individual.
  • Facilitates coping, social support, identity exploration and development.
  • Includes sex-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, so long as the counseling/treatment does not seek to change sexual orientation or gender identity.
  • Clarifies that counseling aimed at gender transition or nonchange-oriented support is not considered conversion therapy when it does not try to change orientation or gender identity.

• Section 2 (Repealer):

  • Repeals Minnesota Statutes 2024 section 214.078 (Protection from conversion therapy).

Effects on existing law

• The statutory prohibition on conversion therapy for minors and vulnerable adults would be removed.
• The disciplinary framework tied to that prohibition (e.g., potential professional discipline for attempting conversion therapy) would be repealed.
• Medical Assistance would continue not to cover conversion therapy, per the new subd.5n language.
• The definitions for conversion therapy and the related exceptions would be carried into the amended 256B.0625, but the underlying prohibition in 214.078 is removed.

Potential implications

• The policy landscape regarding conversion therapy would shift from prohibition to regulation with MA exclusion, potentially allowing services that were previously prohibited but not covered by MA.
• Practitioners would rely on other licensing and professional standards for conduct, since the specific prohibition and disciplinary provisions from 214.078 would no longer apply.
• Counseling that supports gender transition or identity exploration remains permissible, provided it does not aim to change sexual orientation or gender identity.

Implementation notes

• Administrative rules and licensing boards may need updates to reflect the repeal of 214.078 and the continued MA non-coverage language.
• Public health guidance may need to clarify which counseling practices fall under the exceptions and which remain outside MA coverage.

Relevant Terms - conversion therapy - sexual orientation - gender identity - gender transition - minors - vulnerable adults - Medical Assistance (MA) - Minnesota Statutes 2024 - section 256B.0625 subdivision 5n - section 214.078 - mental health practitioner - mental health professional - counseling - acceptance and support - identity exploration and development - unlawful conduct - unsafe sexual practices - unprofessional conduct - disciplinary action - repeal/ repealer