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§ 1-212.1. Conversion therapy

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2018

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 2. General Provisions (Refs & Annos)
Effective: October 1, 2018
MD Code, Health Occupations, § 1-212.1
§ 1-212.1. Conversion therapy
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Conversion therapy” means a practice or treatment by a mental health or child care practitioner that seeks to change an individual's sexual orientation or gender identity.
(ii) “Conversion therapy” includes any effort to change the behavioral expression of an individual's sexual orientation, change gender expression, or eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.
(iii) “Conversion therapy” does not include a practice by a mental health or child care practitioner that:
1. Provides acceptance, support, and understanding, or the facilitation of coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and
2. Does not seek to change sexual orientation or gender identity.
(3) “Mental health or child care practitioner” means:
(i) A practitioner licensed or certified under Title 14, Title 17, Title 18, Title 19, or Title 20 of this article; or
(ii) Any other practitioner licensed or certified under this article who is authorized to provide counseling by the practitioner's licensing or certifying board.
Conversion therapy with a minor prohibited
(b) A mental health or child care practitioner may not engage in conversion therapy with an individual who is a minor.
Unprofessional conduct and subject to discipline
(c) A mental health or child care practitioner who engaged in conversion therapy with an individual who is a minor shall be considered to have engaged in unprofessional conduct and shall be subject to discipline by the mental health or child care practitioner's licensing or certifying board.
Use of State funds
(d) No State funds may be used for the purpose of:
(1) Conducting, or referring an individual to receive, conversion therapy;
(2) Providing health coverage for conversion therapy; or
(3) Providing a grant to or contracting with any entity that conducts or refers an individual to receive conversion therapy.
Regulations
(e) The Department shall adopt regulations necessary to implement this section.

Credits

Added by Acts 2018, c. 685, § 1, eff. Oct. 1, 2018.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2018 Legislation
Acts 2018, c. 685, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.”
MD Code, Health Occupations, § 1-212.1, MD HEALTH OCCUP § 1-212.1
Current through all legislation from the 2019 Regular Session of the General Assembly.
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