DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 605 Original 2022 Regular Session Landry
Abstract: Defines "conversion therapy" and prohibits certain licensed health professionals from
engaging in that practice with any minor.
Proposed law sets forth legislative findings relative to the practice known as conversion therapy
including the following:
(1)"Conversion therapy" is a general term that encompasses practices intended to change a
lesbian, gay, bisexual, transgender, queer, or two-spirit individual's sexual orientation, gender
identity, or both.
(2)According to the American Psychiatric Assoc., there is no rigorous scientific research
supporting claims that an unwanted sexual orientation can be "cured" through any method.
(3)The American Psychological Assoc., American Psychiatric Assoc., and American Academy
of Child and Adolescent Psychiatry have all taken public positions against the use of
conversion therapy.
Proposed law defines "conversion therapy", for purposes of proposed law, as any practice or
treatment conducted without a person's consent which is intended to change the 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 sex or
gender. Provides that conversion therapy includes all of the following:
(1)Any practice by a healthcare provider that attempts or purports to change a person's sexual
orientation or gender identity conducted without the person's consent.
(2)Any practice by a healthcare provider that attempts or purports to change the behavioral
expression of a person's sexual orientation or gender identity conducted without the person's
consent.
(3)Any practice by a healthcare provider that attempts or purports to eliminate or reduce a
person's sexual or romantic attractions or feelings toward individuals of the same sex or
gender conducted without the person's consent.
Proposed law stipulates that conversion therapy does not include any of the following: (1)Counseling or other practices by a healthcare provider to assist a person who is undergoing
gender transition.
(2)Counseling or other practices by a healthcare provider that provide acceptance, support, and
understanding of a person or facilitate 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, if such counseling does not seek to
change an individual's sexual orientation or gender identity.
(3)Counseling or other practices that are conducted at a person's request or otherwise with the
person's consent.
Proposed law defines "healthcare provider", for purposes of proposed law, as any of the following
professionals who are licensed in accordance with, and whose health profession is regulated by,
applicable provisions of present law:
(1)A psychiatrist and any other physician.
(2)A medical psychologist, specialist in school psychology, and any other psychologist
including any provisional licensed psychologist.
(3)A marriage and family therapist and any other licensed professional counselor.
(4)A clinical social worker.
(5)A psychiatric mental health nurse practitioner and any other advanced practice registered
nurse.
Proposed law prohibits healthcare providers, as defined for purposes of proposed law, from engaging
in conversion therapy with any patient under the age of 18.
Proposed law provides that whoever violates the prohibition on conversion therapy provided in
proposed law shall, for each violation, be fined not more than $1,000, imprisoned for not more than
six months, or both. Provides further that such violation shall also subject the healthcare provider
to any applicable disciplinary proceeding, penalty, or sanction for unprofessional conduct imposed
by the agency, board, or commission through which he is licensed to practice a health profession.
Proposed law amends present law establishing the practice act of each healthcare provider to which
proposed law applies in order to provide that engaging in conversion therapy as prohibited by
proposed law is grounds for disciplinary action.
Proposed law requires each agency, board, or commission which licenses and regulates a healthcare
provider to which proposed law applies to promulgate all administrative rules necessary to
implement proposed law. Proposed law prohibits boards, commissions, departments, agencies, officials, and employees of the
state, or of any political subdivision thereof, from contracting with, awarding any grant to, or
otherwise bestow any funding upon, an entity or organization that employs a healthcare provider who
engages in conversion therapy in violation of proposed law. Specifically prohibits the La. Dept. of
Health from entering into any Medicaid provider agreement with any healthcare provider that
engages in conversion therapy in violation of proposed law.
(Amends R.S. 37:921(9), 1110(A)(9), and 1360.67(A)(28); Adds R.S. 37:921(10), 1110(A)(10),
1285(A)(33), 1360.67(A)(29), 1747.11-1747.15, 2359(B)(16), and 2717(A)(14) and R.S. 49:200.61)