SF5167

Purpose

• Repeal the state’s prohibition on conversion therapy and clarify how conversion therapy is defined and treated in relation to health coverage.
• Adjust the statutes to remove the explicit ban on conversion therapy while leaving certain exclusions in place for what counts as conversion therapy under the new definition.
• Ensure medical assistance (public funding) does not cover conversion therapy, even after the repeal of the prohibition.

Main Provisions

• Definition of conversion therapy
  • Conversion therapy is defined as any practice by a mental health practitioner or mental health professional that seeks to change a person’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.
• Excluded activities (not considered conversion therapy)
  • Counseling or treatment that provides assistance to someone undergoing gender transition.
  • Counseling or treatment that provides acceptance, support, and understanding of an individual.
  • Counseling or treatment that facilitates coping, social support, and identity exploration and development, including interventions that are neutral regarding sexual orientation, and that do not seek to change an individual’s sexual orientation or gender identity.
  • Sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as they do not seek to change sexual orientation or gender identity.
• Public funding for conversion therapy
  • Medical assistance (public health insurance) does not cover conversion therapy as defined above.
• Repeal of prior prohibition
  • The statutory prohibition found at Minnesota Statutes 2024 section 214.078 (the “Protection from Conversion Therapy” provision) is repealed, removing the explicit ban on conversion therapy.
• Licensing and conduct
  • The bill retains a framework for professional conduct, but the explicit prohibition and disciplinary language tied to conversion therapy in the repealed statute would no longer apply under the new structure.

Significant Changes to Existing Law

• Elimination of the prohibition on conversion therapy
  • Minnesota would no longer have a statute that prohibits conversion therapy, including for minors and vulnerable adults.
• Shift in funding rules
  • Even though conversion therapy could occur, it would not be paid for by medical assistance.
• Redefined boundaries for what counts as conversion therapy
  • The definition is narrowed by explicit exemptions (e.g., supports for gender transition, acceptance and identity exploration) and by requiring that the therapy not aim to change sexual orientation or gender identity in those exemptions.
• Removal of explicit disciplinary language
  • The former explicit rule that conversion therapy with certain clients could be deemed unprofessional conduct and trigger disciplinary action by licensing boards is removed with the repealer, though other professional standards would still apply.

Potential Implications and Considerations

• Youth and vulnerable adults
  • With the prohibition repealed, there is no longer a statutory ban on conversion therapy for minors or vulnerable adults, which could raise concerns about safeguarding and ethics.
• Public funding impact
  • Public funds would still not cover conversion therapy, even though practitioners could offer it.
• Policy and practice landscape
  • Practitioners would need to carefully distinguish between prohibited and permitted activities under the new definitions, especially regarding acceptance-based, gender-transition-related, and identity-exploration counseling.

Relevant Terms - conversion therapy - sexual orientation - gender identity - gender transition - counseling - mental health practitioner - mental health professional - acceptance, support, and understanding - identity exploration and development - sexual-orientation-neutral interventions - unlawful conduct - unsafe sexual practices - medical assistance (MA) - Minnesota Statutes 214.078 - prohibition - vulnerable adult - minor - disciplinary action - licensing board