2nd Sub. H.B. 228
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Houston 6
6 02-04-23 6:43 PM 6
H.B. 228
2nd Sub. (Gray)
Representative Michael J. Petersen proposes the following substitute bill:
1 UNPROFESSIONAL CONDUCT AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael J. Petersen
5 Senate Sponsor: Curtis S. Bramble
6
7LONG TITLE
8General Description:
9 This bill modifies and enacts provisions relating to the provision of conversion therapy
10to minors.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <prohibits certain health care professionals from providing conversion therapy to a
15minor client;
16 <includes a severability clause; and
17 <makes technical and conforming changes.
18Money Appropriated in this Bill:
19 None
20Other Special Clauses:
21 None
22Utah Code Sections Affected:
23AMENDS:
24 58-1-501, as last amended by Laws of Utah 2020, Chapters 289, 339
25ENACTS:
*HB0228S02* 2nd Sub. (Gray) H.B. 228 02-04-23 6:43 PM
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26 58-1-511, Utah Code Annotated 1953
27
28Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 58-1-501 is amended to read:
30 58-1-501. Unlawful and unprofessional conduct.
31 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
32under this title and includes:
33 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
34attempting to practice or engage in any occupation or profession requiring licensure under this
35title if the person is:
36 (i) not licensed to do so or not exempted from licensure under this title; or
37 (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
38probationary, or inactive license;
39 (b) (i) impersonating another licensee or practicing an occupation or profession under a
40false or assumed name, except as permitted by law; or
41 (ii) for a licensee who has had a license under this title reinstated following disciplinary
42action, practicing the same occupation or profession using a different name than the name used
43before the disciplinary action, except as permitted by law and after notice to, and approval by,
44the division;
45 (c) knowingly employing any other person to practice or engage in or attempt to
46practice or engage in any occupation or profession licensed under this title if the employee is
47not licensed to do so under this title;
48 (d) knowingly permitting the person's authority to practice or engage in any occupation
49or profession licensed under this title to be used by another, except as permitted by law;
50 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
51license, or otherwise dealing with the division or a licensing board through the use of fraud,
52forgery, or intentional deception, misrepresentation, misstatement, or omission;
53 (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
54drug or device to a person located in this state:
55 (A) without prescriptive authority conferred by a license issued under this title, or by
56an exemption to licensure under this title; or 02-04-23 6:43 PM 2nd Sub. (Gray) H.B. 228
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57 (B) with prescriptive authority conferred by an exception issued under this title or a
58multistate practice privilege recognized under this title, if the prescription was issued without
59first obtaining information, in the usual course of professional practice, that is sufficient to
60establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
61proposed treatment; and
62 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
63or cross coverage situation, provided that the person who issues the prescription has
64prescriptive authority conferred by a license under this title, or is exempt from licensure under
65this title; or
66 (g) aiding or abetting any other person to violate any statute, rule, or order regulating
67an occupation or profession under this title.
68 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
69as unprofessional conduct under this title or under any rule adopted under this title and
70includes:
71 (a) violating any statute, rule, or order regulating an occupation or profession under this
72title;
73 (b) violating, or aiding or abetting any other person to violate, any generally accepted
74professional or ethical standard applicable to an occupation or profession regulated under this
75title;
76 (c) subject to the provisions of Subsection (4), engaging in conduct that results in
77conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
78abeyance pending the successful completion of probation with respect to a crime of moral
79turpitude or any other crime that, when considered with the functions and duties of the
80occupation or profession for which the license was issued or is to be issued, bears a substantial
81relationship to the licensee's or applicant's ability to safely or competently practice the
82occupation or profession;
83 (d) engaging in conduct that results in disciplinary action, including reprimand,
84censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
85authority having jurisdiction over the licensee or applicant in the same occupation or profession
86if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
87proceedings under Section 58-1-401; 2nd Sub. (Gray) H.B. 228 02-04-23 6:43 PM
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88 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
89chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
90ability of the licensee or applicant to safely engage in the occupation or profession;
91 (f) practicing or attempting to practice an occupation or profession regulated under this
92title despite being physically or mentally unfit to do so;
93 (g) practicing or attempting to practice an occupation or profession regulated under this
94title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
95 (h) practicing or attempting to practice an occupation or profession requiring licensure
96under this title by any form of action or communication which is false, misleading, deceptive,
97or fraudulent;
98 (i) practicing or attempting to practice an occupation or profession regulated under this
99title beyond the scope of the licensee's competency, abilities, or education;
100 (j) practicing or attempting to practice an occupation or profession regulated under this
101title beyond the scope of the licensee's license;
102 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
103conduct connected with the licensee's practice under this title or otherwise facilitated by the
104licensee's license;
105 (l) acting as a supervisor without meeting the qualification requirements for that
106position that are defined by statute or rule;
107 (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
108drug or device:
109 (i) without first obtaining information in the usual course of professional practice, that
110is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
111the proposed treatment; or
112 (ii) with prescriptive authority conferred by an exception issued under this title, or a
113multi-state practice privilege recognized under this title, if the prescription was issued without
114first obtaining information, in the usual course of professional practice, that is sufficient to
115establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
116proposed treatment;
117 (n) violating a provision of Section 58-1-501.5; [or]
118 (o) violating the terms of an order governing a license[.]; or 02-04-23 6:43 PM 2nd Sub. (Gray) H.B. 228
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119 (p) violating Section 58-1-511.
120 (3) Unless otherwise specified by statute or administrative rule, in a civil or
121administrative proceeding commenced by the division under this title, a person subject to any
122of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
123violation.
124 (4) The following are not evidence of engaging in unprofessional conduct under
125Subsection (2)(c):
126 (a) an arrest not followed by a conviction; or
127 (b) a conviction for which an individual's incarceration has ended more than seven
128years before the date of the division's consideration, unless:
129 (i) after the incarceration the individual has engaged in additional conduct that results
130in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
131held in abeyance pending the successful completion of probation; or
132 (ii) the conviction was for:
133 (A) a violent felony as defined in Section 76-3-203.5;
134 (B) a felony related to a criminal sexual act pursuant to Title 76, Chapter 5, Part 4,
135Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
136 (C) a felony related to criminal fraud or embezzlement, including a felony pursuant to
137Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
138 Section 2. Section 58-1-511 is enacted to read:
139 58-1-511. Prohibition on providing conversion therapy to a minor.
140 (1) As used in this section:
141 (a) "Conversion therapy" means a practice or treatment by which a health care
142professional intends to change a minor client's sexual orientation or gender identity, or to
143impose a different sexual orientation or gender identity upon a minor client, including a
144practice or treatment that:
145 (i) subjects a minor client to physical discomfort through aversive treatment that causes
146nausea, vomiting, or other unpleasant physical sensation;
147 (ii) provides electric shock or other electrical therapy, including electroconvulsive
148therapy or transcranial magnetic stimulation;
149 (iii) subjects a minor client to touching themself or another individual as part of the 2nd Sub. (Gray) H.B. 228 02-04-23 6:43 PM
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150therapy; or
151 (iv) causes the minor client to engage in physical self-harm or physical self-inflicted
152pain.
153 (b) "Health care professional" means an individual who is licensed, or an individual
154who provides mental health therapy as part of the individual's training for a profession that is
155licensed, under:
156 (i) Chapter 31b, Nurse Practice Act;
157 (ii) Chapter 60, Mental Health Professional Practice Act;
158 (iii) Chapter 61, Psychologist Licensing Act;
159 (iv) Chapter 67, Utah Medical Practice Act;
160 (v) Chapter 68, Utah Osteopathic Medical Practice Act; or
161 (vi) Chapter 70a, Utah Physician Assistant Act.
162 (c) "Minor client" means an individual who is younger than 18 years old and who
163consults, is examined or interviewed by, or receives services, care, or treatment from a health
164care professional who is acting in their professional capacity.
165 (d) "Religious advisor" means an individual who is designated by a religious
166organization or association as clergy, minister, pastor, priest, rabbi, imam, bishop, stake
167president, or other spiritual advisor.
168 (e) (i) "Sexual orientation" means the same as that term is defined in Section
16934A-5-102.
170 (ii) "Sexual orientation" does not include an action that would constitute sexual abuse
171or sexual exploitation as those terms are defined in Section 80-1-102.
172 (2) A health care professional who is acting in their professional capacity may not
173provide conversion therapy to a minor client.
174 (3) A health care professional who is not intending to change a minor client's sexual
175orientation or gender identity, or to impose a different sexual orientation or gender identity
176upon a minor client, may engage in any professional and lawful conduct, including a practice or
177treatment by which the health care professional:
178 (a) is neutral with respect to sexual orientation and gender identity;
179 (b) provides a minor client with acceptance, support, and understanding;
180 (c) provides treatment to a minor client who is considering a gender transition in any 02-04-23 6:43 PM 2nd Sub. (Gray) H.B. 228
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181direction, including exploration of the timing thereof;
182 (d) facilitates a minor client's social support, ability to cope, or the exploration and
183development of the minor client's identity, including sexual orientation or gender identity;
184 (e) addresses unlawful, unsafe, premarital, or extramarital sexual activities in a manner
185that is neutral with respect to sexual orientation and gender identity;
186 (f) discusses moral, philosophical, or religious beliefs or practices;
187 (g) addresses body-image issues, social pressure, or sex or gender stereotypes;
188 (h) addresses co-occurring mental health, neurological, developmental, trauma, or
189family issues;
190 (i) helps a minor client to understand and assess the stages and timing of identity
191development;
192 (j) consistent with other applicable laws, rules, orders, and ethical standards, discusses
193with a minor client's parent or guardian the mental health or development of a minor client; or
194 (k) assists the minor client to understand the medical, social, or other implications of
195decisions related to sexual orientation or gender identity.
196 (4) Subsection (2) does not apply to:
197 (a) an individual who is both a health care professional and a religious advisor, when
198the individual is acting substantially in the capacity of a religious advisor and not in the
199capacity of a health care professional; or
200 (b) an individual who is both a health care professional and a parent or grandparent,
201when the individual is acting substantially in the capacity of a parent or grandparent and not in
202the capacity of a health care professional.
203 (5) A violation of this section is unprofessional conduct.
204 (6) A rule adopted under this title that defines "unprofessional conduct" shall be
205consistent with this section.
206 (7) If any provision of this section or the application of any provision to any person or
207circumstance is held invalid by a final decision of a court of competent jurisdiction, the
208invalidity does not affect other provisions or applications of this section which can be given
209effect without the invalid provision or application, and to this end the provisions of this section
210are severable.