FIRST REGULAR SESSION
SENATE BILL NO. 285
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY.
0558S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 337.035, 337.330, 337.525, 337.630, and 337.730, RSMo, and to enact in lieu
thereof five new sections relating to conversion therapy for minors.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 337.035, 337.330, 337.525, 337.630, 1
and 337.730, RSMo, are repealed and five new sections enacted 2
in lieu thereof, to be known as sections 337.035, 337.330, 3
337.525, 337.630, and 337.730, to read as follows:4
337.035. 1. The committee may refuse to issue any 1
certificate of registration or authority, permit or license 2
required pursuant to this chapter for one or any combination 3
of causes stated in subsection 2 of this section. The 4
committee shall notify the applicant in wri ting of the 5
reasons for the refusal and shall advise the applicant of 6
the applicant's right to file a complaint with the 7
administrative hearing commission as provided by chapter 621. 8
2. The committee may cause a complaint to be filed 9
with the administrative hearing commission as provided by 10
chapter 621 against any holder of any certificate of 11
registration or authority, permit or license required by 12
this chapter or any person who has failed to renew or has 13
surrendered the person's certificate o f registration or 14
authority, permit or license for any one or any combination 15
of the following causes: 16 SB 285 2
(1) Use of any controlled substance, as defined in 17
chapter 195, or alcoholic beverage to an extent that such 18
use impairs a person's ability to perform the work of any 19
profession licensed or regulated by this chapter; 20
(2) The person has been finally adjudicated and found 21
guilty, or entered a plea of guilty or nolo contendere, in a 22
criminal prosecution under the laws of any state, of the 23
United States, or of any country, for any offense directly 24
related to the duties and responsibilities of the 25
occupation, as set forth in section 324.012, regardless of 26
whether or not sentence is imposed; 27
(3) Use of fraud, deception, misrepresentat ion or 28
bribery in securing any certificate of registration or 29
authority, permit or license issued pursuant to this chapter 30
or in obtaining permission to take any examination given or 31
required pursuant to this chapter; 32
(4) Obtaining or attempting to obtain any fee, charge, 33
tuition or other compensation by fraud, deception or 34
misrepresentation; 35
(5) Incompetency, misconduct, gross negligence, fraud, 36
misrepresentation or dishonesty in the performance of the 37
functions or duties of any profess ion licensed or regulated 38
by this chapter; 39
(6) Violation of, or assisting or enabling any person 40
to violate, any provision of this chapter, or of any lawful 41
rule or regulation adopted pursuant to this chapter; 42
(7) Impersonation of any person holding a certificate 43
of registration or authority, permit or license or allowing 44
any person to use his or her certificate of registration or 45
authority, permit, license or diploma from any school; 46
(8) Disciplinary action against the holder of a 47
license or other right to practice any profession regulated 48 SB 285 3
by this chapter granted by another state, territory, federal 49
agency or country upon grounds for which revocation or 50
suspension is authorized in this state; 51
(9) A person is finally adjudge d insane or 52
incapacitated by a court of competent jurisdiction; 53
(10) Assisting or enabling any person to practice or 54
offer to practice any profession licensed or regulated by 55
this chapter who is not registered and currently eligible to 56
practice as provided this chapter; 57
(11) Issuance of a certificate of registration or 58
authority, permit or license based upon a material mistake 59
of fact; 60
(12) Failure to display a valid certificate or license 61
if so required by this chapter or any rule promulgated 62
pursuant to this chapter; 63
(13) Violation of any professional trust or confidence; 64
(14) Use of any advertisement or solicitation which is 65
false, misleading or deceptive to the general public or 66
persons to whom the advertisement or solicitation is 67
primarily directed; 68
(15) Being guilty of unethical conduct as defined in 69
"Ethical Rules of Conduct" as adopted by the committee and 70
filed with the secretary of state ; 71
(16) Engaging in conversion therapy with a minor. For 72
purposes of this subdivision, the term "conversion therapy" 73
means any practices or treatments that seek to change an 74
individual's sexual orientation or gender identity, 75
including efforts to change behaviors or gender expressions 76
or to eliminate or reduc e sexual or romantic attractions or 77
feelings toward individuals of the same gender. The term 78
"conversion therapy" shall not include counseling that 79
provides assistance to a person undergoing gender transition 80 SB 285 4
or counseling that provides acceptance, su pport, and 81
understanding of a person or facilitates a person's coping, 82
social support, and identity exploration and development, 83
including sexual-orientation-neutral interventions to 84
prevent or address unlawful conduct or unsafe sexual 85
practices, as long as such counseling does not seek to 86
change an individual's sexual orientation or gender identity . 87
3. After the filing of such complaint, the proceedings 88
shall be conducted in accordance with the provisions of 89
chapter 621. Upon a finding by th e administrative hearing 90
commission that the grounds, provided in subsection 2 of 91
this section, for disciplinary action are met, the committee 92
may, singly or in combination, censure or place the person 93
named in the complaint on probation on such terms and 94
conditions as the department deems appropriate for a period 95
not to exceed five years, or may suspend, for a period not 96
to exceed three years, or revoke the license, certificate, 97
or permit. 98
4. An interested third party may file a complaint or 99
appear or present evidence relative to such complaint or 100
another complaint filed pursuant to this section. For 101
purposes of this section, an interested third party includes 102
a parent or guardian of a person who received treatment by a 103
psychologist or any person who is related within the second 104
degree of consanguinity or affinity and who is financially 105
responsible for the payment of such treatment. 106
337.330. 1. The committee may refuse to issue any 1
license required under this chapt er for one or any 2
combination of causes stated in subsection 2 of this 3
section. The committee shall notify the applicant in 4
writing of the reasons for the refusal and shall advise the 5
applicant of the applicant's right to file a complaint with 6 SB 285 5
the administrative hearing commission as provided by chapter 7
621. 8
2. The committee may cause a complaint to be filed 9
with the administrative hearing commission, as provided by 10
chapter 621, against any holder of any license required by 11
this chapter or any person who has failed to renew or has 12
surrendered the person's license for any one or any 13
combination of the following causes: 14
(1) Use of any controlled substance, as defined in 15
chapter 195, or alcoholic beverage to an extent that such 16
use impairs a person's ability to perform the work of any 17
profession licensed or regulated by this chapter; 18
(2) The person has been finally adjudicated and found 19
guilty, or entered a plea of guilty or nolo contendere, in a 20
criminal prosecution under the laws of any state, of the 21
United States, or of any country for any offense directly 22
related to the duties and responsibilities of the 23
occupation, as set forth in section 324.012, regardless of 24
whether or not sentence is imposed; 25
(3) Use of fraud, deception, misrepresentation or 26
bribery in securing any permit or license issued under this 27
chapter or in obtaining permission to take any examination 28
given or required under sections 337.300 to 337.345; 29
(4) Obtaining or attempting to obtain any fee, charge, 30
tuition, or other compensation by fraud, deception or 31
misrepresentation; 32
(5) Incompetency, misconduct, gross negligence, fraud, 33
misrepresentation, or dishonesty in the performance of the 34
functions or duties of any profession licensed by sections 35
337.300 to 337.345; 36 SB 285 6
(6) Violation of, or assisting or enabling any person 37
to violate, any provision of sections 337.300 to 337.345, or 38
of any lawful rule adopted thereunder; 39
(7) Impersonation of any person holding a certificate 40
of registration or authority, permit or license or allowing 41
any person to use his or her certificate of registration or 42
authority, permit, license, or diploma from any school; 43
(8) Disciplinary action against the holder of a 44
license or other right to practice any profession regulated 45
by sections 337.300 to 337.345 granted by another state, 46
territory, federal agency, or country upon grounds for which 47
revocation or suspension is authorized in this state; 48
(9) A person is finally adjudged insa ne or 49
incapacitated by a court of competent jurisdiction; 50
(10) Assisting or enabling any person to practice or 51
offer to practice any profession licensed or regulated by 52
sections 337.300 to 337.345 who is not registered and 53
currently eligible to p ractice as provided in sections 54
337.300 to 337.345; 55
(11) Issuance of a certificate of registration or 56
authority, permit, or license based upon a material mistake 57
of fact; 58
(12) Failure to display a valid certificate or license 59
if so required by sections 337.300 to 337.345 or any rule 60
promulgated thereunder; 61
(13) Violation of any professional trust or confidence; 62
(14) Use of any advertisement or solicitation which is 63
false, misleading, or deceptive to the general public or 64
persons to whom the advertisement or solicitation is 65
primarily directed; 66 SB 285 7
(15) Being guilty of unethical conduct as defined in 67
the code of conduct as adopted by the committee and filed 68
with the secretary of state ; 69
(16) Engaging in conversion thera py with a minor. For 70
purposes of this subdivision, the term "conversion therapy" 71
means any practices or treatments that seek to change an 72
individual's sexual orientation or gender identity, 73
including efforts to change behaviors or gender expressions 74
or to eliminate or reduce sexual or romantic attractions or 75
feelings toward individuals of the same gender. The term 76
"conversion therapy" shall not include counseling that 77
provides assistance to a person undergoing gender transition 78
or counseling that provides acceptance, support, and 79
understanding of a person or facilitates a person's coping, 80
social support, and identity exploration and development, 81
including sexual-orientation-neutral interventions to 82
prevent or address unlawful conduct or unsafe sexual 83
practices, as long as such counseling does not seek to 84
change an individual's sexual orientation or gender identity . 85
3. After the filing of such complaint, the proceedings 86
shall be conducted in accordance with the provisions of 87
chapter 621. Upon a finding by the administrative hearing 88
commission that the grounds, provided in subsection 2 of 89
this section, for disciplinary action are met, the committee 90
may, singly or in combination, censure or place the person 91
named in the complaint on probation on such terms and 92
conditions as the department deems appropriate for a period 93
not to exceed five years, or may suspend, for a period not 94
to exceed three years, or revoke the license, certificate, 95
or permit. 96
337.525. 1. The committee may refuse to issue or 1
renew any license required by the provisions of sections 2 SB 285 8
337.500 to 337.540 for one or any combination of causes 3
stated in subsection 2 of this section. The committee shall 4
notify the applicant in writing of the reas ons for the 5
refusal and shall advise the applicant of his or her right 6
to file a complaint with the administrative hearing 7
commission as provided by chapter 621. 8
2. The committee may cause a complaint to be filed 9
with the administrative hearing c ommission as provided by 10
chapter 621 against any holder of any license required by 11
sections 337.500 to 337.540 or any person who has failed to 12
renew or has surrendered his license for any one or any 13
combination of the following causes: 14
(1) Use of any controlled substance, as defined in 15
chapter 195, or alcoholic beverage to an extent that such 16
use impairs a person's ability to engage in the occupation 17
of professional counselor; 18
(2) The person has been finally adjudicated and found 19
guilty, or entered a plea of guilty or nolo contendere, in a 20
criminal prosecution under the laws of any state, of the 21
United States, or of any country, for any offense directly 22
related to the duties and responsibilities of the 23
occupation, as set forth in sect ion 324.012, regardless of 24
whether or not sentence is imposed; 25
(3) Use of fraud, deception, misrepresentation or 26
bribery in securing any license issued pursuant to the 27
provisions of sections 337.500 to 337.540 or in obtaining 28
permission to take a ny examination given or required 29
pursuant to the provisions of sections 337.500 to 337.540; 30
(4) Obtaining or attempting to obtain any fee, charge, 31
tuition or other compensation by fraud, deception or 32
misrepresentation; 33 SB 285 9
(5) Incompetency, misconduct, fraud, misrepresentation 34
or dishonesty in the performance of the functions or duties 35
of a professional counselor; 36
(6) Violation of, or assisting or enabling any person 37
to violate, any provision of sections 337.500 to 337.540, or 38
of any lawful rule or regulation adopted pursuant to 39
sections 337.500 to 337.540; 40
(7) Impersonation of any person holding a license or 41
allowing any person to use his or her license or diploma 42
from any school; 43
(8) Revocation or suspension of a license or other 44
right to practice counseling granted by another state, 45
territory, federal agency or country upon grounds for which 46
revocation or suspension is authorized in this state; 47
(9) A person is finally adjudged incapacitated by a 48
court of competent jurisdiction; 49
(10) Assisting or enabling any person to practice or 50
offer to practice professional counseling who is not 51
licensed and currently eligible to practice under the 52
provisions of sections 337.500 to 337.540; 53
(11) Issuance of a license based upon a material 54
mistake of fact; 55
(12) Failure to display a valid license if so required 56
by sections 337.500 to 337.540 or any rule promulgated 57
hereunder; 58
(13) Violation of any professional trust or confidence; 59
(14) Use of any advertisement or solicitation which is 60
false, misleading or deceptive to the general public or 61
persons to whom the advertisement or solicitation is 62
primarily directed; 63 SB 285 10
(15) Being guilty of unethical conduct as defined in 64
the ethical standards for counselors adopted by the division 65
and filed with the secretary of state ; 66
(16) Engaging in conversion therapy with a minor. For 67
purposes of this subdivision, the term "conversion therapy" 68
means any practices or treatments that seek to change an 69
individual's sexual orientation or gender identity, 70
including efforts to change behaviors or gender expressions 71
or to eliminate or reduce sexual or romantic attractions or 72
feelings toward individuals of the same gender. The term 73
"conversion therapy" shall not include counseling that 74
provides assistance to a person undergoing gender transition 75
or counseling that provides acceptance, support, and 76
understanding of a person or facilitates a person's coping, 77
social support, and identity exploration and development, 78
including sexual-orientation-neutral interventions to 79
prevent or address unlawful conduct or unsafe sexual 80
practices, as long as such counseling does not seek to 81
change an individual's sexual orientation or gender identity . 82
3. Any person, organization, association or 83
corporation who reports or provides information to the 84
committee pursuant to the provisions of this chapter and who 85
does so in good faith shall not be subject to an action for 86
civil damages as a result thereof. 87
4. After the filing of such complaint, the proceedings 88
shall be conducted in accordance with the provisions of 89
chapter 621. Upon a finding by the administrative hearing 90
commission that the grounds, provided in subsection 2 of 91
this section, for di sciplinary action are met, the committee 92
may censure or place the person named in the complaint on 93
probation on such terms and conditions as the committee 94
deems appropriate for a period not to exceed five years, or 95 SB 285 11
may suspend, for a period not to exce ed three years, or 96
revoke the license. 97
337.630. 1. The committee may refuse to issue or 1
renew any license required by the provisions of sections 2
337.600 to 337.689 for one or any combination of causes 3
stated in subsection 2 of this section. The committee shall 4
notify the applicant in writing of the reasons for the 5
refusal and shall advise the applicant of the applicant's 6
right to file a complaint with the administrative hearing 7
commission as provided by chapter 621. 8
2. The committee may cause a complaint to be filed 9
with the administrative hearing commission as provided by 10
chapter 621 against any holder of any license required by 11
sections 337.600 to 337.689 or any person who has failed to 12
renew or has surrendered the p erson's license for any one or 13
any combination of the following causes: 14
(1) Use of any controlled substance, as defined in 15
chapter 195, or alcoholic beverage to an extent that such 16
use impairs a person's ability to engage in the occupation 17
of social work licensed under this chapter; except that the 18
fact that a person has undergone treatment for past 19
substance or alcohol abuse and/or has participated in a 20
recovery program, shall not by itself be cause for refusal 21
to issue or renew a license; 22
(2) The person has been finally adjudicated and found 23
guilty, or entered a plea of guilty or nolo contendere, in a 24
criminal prosecution pursuant to the laws of any state, of 25
the United States, or of any country, for any offense 26
directly related to the duties and responsibilities of the 27
occupation, as set forth in section 324.012, regardless of 28
whether or not sentence is imposed; 29 SB 285 12
(3) Use of fraud, deception, misrepresentation or 30
bribery in securing any license issued pursuant to the 31
provisions of sections 337.600 to 337.689 or in obtaining 32
permission to take any examination given or required 33
pursuant to the provisions of sections 337.600 to 337.689; 34
(4) Obtaining or attempting to obtain any fee, charge, 35
tuition or other compensation by fraud, deception or 36
misrepresentation; 37
(5) Incompetency, misconduct, fraud, misrepresentation 38
or dishonesty in the performance of the functions or duties 39
of a social worker licensed pursuant to this chapter; 40
(6) Violation of, or assistin g or enabling any person 41
to violate, any provision of sections 337.600 to 337.689, or 42
of any lawful rule or regulation adopted pursuant to 43
sections 337.600 to 337.689; 44
(7) Impersonation of any person holding a license or 45
allowing any person to us e the person's license or diploma 46
from any school; 47
(8) Revocation or suspension of a license or other 48
right to practice social work licensed pursuant to this 49
chapter granted by another state, territory, federal agency 50
or country upon grounds for which revocation or suspension 51
is authorized in this state; 52
(9) Final adjudication as incapacitated by a court of 53
competent jurisdiction; 54
(10) Assisting or enabling any person to practice or 55
offer to practice social work licensed pursuant to this 56
chapter who is not licensed and currently eligible to 57
practice pursuant to the provisions of sections 337.600 to 58
337.689; 59
(11) Obtaining a license based upon a material mistake 60
of fact; 61 SB 285 13
(12) Failure to display a valid license if so re quired 62
by sections 337.600 to 337.689 or any rule promulgated 63
hereunder; 64
(13) Violation of any professional trust or confidence; 65
(14) Use of any advertisement or solicitation which is 66
false, misleading or deceptive to the general public or 67
persons to whom the advertisement or solicitation is 68
primarily directed; 69
(15) Being guilty of unethical conduct as defined in 70
the ethical standards for clinical social workers adopted by 71
the committee by rule and filed with the secretary of state ; 72
(16) Engaging in conversion therapy with a minor. For 73
purposes of this subdivision, the term "conversion therapy" 74
means any practices or treatments that seek to change an 75
individual's sexual orientation or gender identity, 76
including efforts to change behaviors or gender expressions 77
or to eliminate or reduce sexual or romantic attractions or 78
feelings toward individuals of the same gender. The term 79
"conversion therapy" shall not include counseling that 80
provides assistance to a person undergoi ng gender transition 81
or counseling that provides acceptance, support, and 82
understanding of a person or facilitates a person's coping, 83
social support, and identity exploration and development, 84
including sexual-orientation-neutral interventions to 85
prevent or address unlawful conduct or unsafe sexual 86
practices, as long as such counseling does not seek to 87
change an individual's sexual orientation or gender identity . 88
3. Any person, organization, association or 89
corporation who reports or provides in formation to the 90
committee pursuant to the provisions of sections 337.600 to 91
337.689 and who does so in good faith shall not be subject 92
to an action for civil damages as a result thereof. 93 SB 285 14
4. After the filing of such complaint, the proceedings 94
shall be conducted in accordance with the provisions of 95
chapter 621. Upon a finding by the administrative hearing 96
commission that the grounds, provided in subsection 2 of 97
this section, for disciplinary action are met, the committee 98
may censure or place t he person named in the complaint on 99
probation on such terms and conditions as the committee 100
deems appropriate for a period not to exceed five years, or 101
may suspend, for a period not to exceed three years, or 102
revoke the license. 103
337.730. 1. The committee may refuse to issue or 1
renew any license required by the provisions of sections 2
337.700 to 337.739 for one or any combination of causes 3
stated in subsection 2 of this section. The committee shall 4
notify the applicant in writing of the reasons for the 5
refusal and shall advise the applicant of the applicant's 6
right to file a complaint with the administrative hearing 7
commission as provided by chapter 621. 8
2. The committee may cause a complaint to be filed 9
with the administrative hearing commission as provided by 10
chapter 621 against any holder of any license required by 11
sections 337.700 to 337.739 or any person who has failed to 12
renew or has surrendered the person's license for any one or 13
any combination of the following causes: 14
(1) Use of any controlled substance, as defined in 15
chapter 195, or alcoholic beverage to an extent that such 16
use impairs a person's ability to engage in the occupation 17
of marital and family therapist; except the fact that a 18
person has undergone treatment for past substance or alcohol 19
abuse or has participated in a recovery program, shall not 20
by itself be cause for refusal to issue or renew a license; 21 SB 285 15
(2) The person has been finally adjudicated and found 22
guilty, or entered a plea of guilty in a criminal 23
prosecution under the laws of any state, of the United 24
States, or of any country, for any offense directly related 25
to the duties and responsibilities of the occupation, as set 26
forth in section 324.012, regardless of whether or n ot 27
sentence is imposed; 28
(3) Use of fraud, deception, misrepresentation or 29
bribery in securing any license issued pursuant to the 30
provisions of sections 337.700 to 337.739 or in obtaining 31
permission to take any examination given or required 32
pursuant to the provisions of sections 337.700 to 337.739; 33
(4) Obtaining or attempting to obtain any fee, charge, 34
tuition or other compensation by fraud, deception or 35
misrepresentation; 36
(5) Incompetency, misconduct, fraud, misrepresentation 37
or dishonesty in the performance of the functions or duties 38
of a marital and family therapist; 39
(6) Violation of, or assisting or enabling any person 40
to violate, any provision of sections 337.700 to 337.739 or 41
of any lawful rule or regulation adopted pu rsuant to 42
sections 337.700 to 337.739; 43
(7) Impersonation of any person holding a license or 44
allowing any person to use the person's license or diploma 45
from any school; 46
(8) Revocation or suspension of a license or other 47
right to practice mar ital and family therapy granted by 48
another state, territory, federal agency or country upon 49
grounds for which revocation or suspension is authorized in 50
this state; 51
(9) Final adjudication as incapacitated by a court of 52
competent jurisdiction; 53 SB 285 16
(10) Assisting or enabling any person to practice or 54
offer to practice marital and family therapy who is not 55
licensed and is not currently eligible to practice under the 56
provisions of sections 337.700 to 337.739; 57
(11) Obtaining a license based u pon a material mistake 58
of fact; 59
(12) Failure to display a valid license if so required 60
by sections 337.700 to 337.739 or any rule promulgated 61
hereunder; 62
(13) Violation of any professional trust or confidence; 63
(14) Use of any advertisem ent or solicitation which is 64
false, misleading or deceptive to the general public or 65
persons to whom the advertisement or solicitation is 66
primarily directed; 67
(15) Being guilty of unethical conduct as defined in 68
the ethical standards for marital a nd family therapists 69
adopted by the committee by rule and filed with the 70
secretary of state; 71
(16) Engaging in conversion therapy with a minor. For 72
purposes of this subdivision, the term "conversion therapy" 73
means any practices or treatments that seek to change an 74
individual's sexual orientation or gender identity, 75
including efforts to change behaviors or gender expressions 76
or to eliminate or reduce sexual or romantic attractions or 77
feelings toward individuals of the same gender. The term 78
"conversion therapy" shall not include counseling that 79
provides assistance to a person undergoing gender transition 80
or counseling that provides acceptance, support, and 81
understanding of a person or facilitates a person's coping, 82
social support, and ident ity exploration and development, 83
including sexual-orientation-neutral interventions to 84
prevent or address unlawful conduct or unsafe sexual 85 SB 285 17
practices, as long as such counseling does not seek to 86
change an individual's sexual orientation or gender ident ity. 87
3. Any person, organization, association or 88
corporation who reports or provides information to the 89
committee under sections 337.700 to 337.739 and who does so 90
in good faith shall not be subject to an action for civil 91
damages as a result ther eof. 92
4. After filing of such complaint, the proceedings 93
shall be conducted in accordance with the provisions of 94
chapter 621. Upon a finding by the administrative hearing 95
commission that the grounds provided in subsection 2 of this 96
section for disciplinary action are met, the division may 97
censure or place the person named in the complaint on 98
probation on such terms and conditions as the committee 99
deems appropriate for a period not to exceed five years, or 100
may suspend for a period not to exceed three years, or 101
revoke the license. 102