SF5017

Purpose

Explain changes to Minnesota law about conversion therapy, including removing a prior ban and clarifying when such therapy could or could not be covered by medical assistance.

What this bill changes

• Repeals the state's prohibition on conversion therapy, which previously restricted or prevented certain therapy practices for minors and vulnerable adults.
• Changes how medical assistance (MA) handles conversion therapy by explicitly stating that MA will not cover conversion therapy.
• Keeps a narrow exception for counseling that is not aimed at changing a person’s sexual orientation or gender identity, and that supports acceptance, understanding, and identity exploration (including neutral, sexuality-orientation–neutral interventions to address unlawful or unsafe practices).

Key definitions and terms

• conversion therapy: any practice by a mental health practitioner or mental health professional intended to change a person’s sexual orientation or gender identity, including efforts to change behaviors, gender expressions, or to eliminate or reduce attractions toward people of the same gender.
• sexual orientation and gender identity: central targets of conversion therapy.
• gender transition: the process some people undertake to align their gender with their identity.
• counseling practice or treatment that provides acceptance, support, and understanding: allowed if it does not seek to change sexual orientation or gender identity.
• identity exploration and development: activities or counseling that help a person understand themselves, including neutral interventions.
• sexualorientationneutral interventions: counseling approaches that do not aim to change sexual orientation or gender identity.
• medical assistance (MA): state-funded health coverage; the bill specifies MA does not cover conversion therapy.
• minor and vulnerable adult: groups that were specifically protected under prior law (the new bill repeals that prohibition and changes how these groups are treated under MA and regulation).

Main Provisions

• Section 1: Amends MA-related statute to state that MA does not cover conversion therapy. It defines conversion therapy as a practice by a licensed mental health professional aimed at changing sexual orientation or gender identity, including efforts to change behaviors, expressions, or attractions. It creates an explicit carve-out for counseling that provides acceptance, support, and understanding, or that supports coping, social connection, identity exploration, and development, as long as these activities do not seek to change sexual orientation or gender identity. It also allows gender-transition–related counseling and neutral, sexuality-orientation–neutral interventions to address unlawful or unsafe practices when the goal is not to change orientation or identity.
• Section 2: Repeals Minnesota Statutes 2024 section 214.078, which previously banned conversion therapy and set disciplinary consequences for practitioners who engaged in it with minors or vulnerable adults.
• Appendix (for context): The bill references the prior definitions and prohibitions found in 214.078, which the repeal would remove from law.

Significant changes to existing law

• Removal of the explicit prohibition on conversion therapy, including for minors and vulnerable adults.
• Elimination of the specific statutory framework that previously punished practitioners for performing conversion therapy with certain populations.
• Introduction of a new framework where conversion therapy could occur but is not covered by MA, and where non-coercive, supportive counseling is allowed as long as it does not aim to change sexual orientation or gender identity.

Implications to consider (high-level)

• Practitioners could offer conversion therapy, but it would not be paid for by state health programs.
• Without the old prohibition, there could be more room for debate about the regulation and ethics of conversion therapy.
• The carve-out for supportive counseling means some forms of counseling related to gender identity or sexual orientation may continue, so long as they do not aim to change identity or orientation.

Relevant Terms conversion therapy; sexual orientation; gender identity; gender transition; counseling; acceptance; support; understanding; identity exploration; development; identity neutral interventions; sexualorientationneutral; medical assistance (MA); minor; vulnerable adult; practitioner; mental health professional.