Utah 2023 Regular Session

Utah House Bill HB0228 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 228
	1	+	2nd Sub. H.B. 228
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Houston 6
	4	+	6 02-04-23 6:43 PM 6
	5	+	H.B. 228
	6	+	2nd Sub. (Gray)
	7	+	Representative Michael J. Petersen proposes the following substitute bill:
2	8		1 UNPROFESSIONAL CONDUCT AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Michael J. Petersen
6	12		5 Senate Sponsor: Curtis S. Bramble
7		-	6Cosponsors:
8		-	7Nelson T. Abbott
9		-	8Cheryl K. Acton
10		-	9Carl R. Albrecht
11		-	10Kera Birkeland
12		-	11Bridger Bolinder
13		-	12Brady Brammer
14		-	13Walt Brooks
15		-	14Jefferson S. Burton
16		-	15Kay J. Christofferson
17		-	16Joseph Elison
18		-	17Matthew H. Gwynn
19		-	Katy Hall
20		-	Jon Hawkins
21		-	Colin W. Jack
22		-	Tim Jimenez
23		-	Dan N. Johnson
24		-	Marsha Judkins
25		-	Quinn Kotter
26		-	Jason B. Kyle
27		-	Trevor Lee
28		-	Karianne Lisonbee
29		-	Steven J. Lund
30		-	Phil Lyman
31		-	A. Cory Maloy
32		-	Calvin R. Musselman
33		-	Judy Weeks Rohner
34		-	Rex P. Shipp
35		-	Casey Snider
36		-	Keven J. Stratton
37		-	Mark A. Strong
38		-	Jordan D. Teuscher
39		-	Christine F. Watkins
40		-	Douglas R. Welton
41		-	18
42		-	19LONG TITLE
43		-	20General Description:
44		-	21 This bill modifies and enacts provisions relating to the provision of conversion therapy
45		-	22to minors.
46		-	23Highlighted Provisions:
47		-	24 This bill:
48		-	25 <defines terms;
49		-	26 <prohibits certain health care professionals from providing conversion therapy to a
50		-	27minor client;
51		-	28 <includes a severability clause; and H.B. 228 Enrolled Copy
	13	+	6
	14	+	7LONG TITLE
	15	+	8General Description:
	16	+	9 This bill modifies and enacts provisions relating to the provision of conversion therapy
	17	+	10to minors.
	18	+	11Highlighted Provisions:
	19	+	12 This bill:
	20	+	13 <defines terms;
	21	+	14 <prohibits certain health care professionals from providing conversion therapy to a
	22	+	15minor client;
	23	+	16 <includes a severability clause; and
	24	+	17 <makes technical and conforming changes.
	25	+	18Money Appropriated in this Bill:
	26	+	19 None
	27	+	20Other Special Clauses:
	28	+	21 None
	29	+	22Utah Code Sections Affected:
	30	+	23AMENDS:
	31	+	24 58-1-501, as last amended by Laws of Utah 2020, Chapters 289, 339
	32	+	25ENACTS:
	33	+	HB0228S02 2nd Sub. (Gray) H.B. 228 02-04-23 6:43 PM
52	34		- 2 -
53		-	29 <makes technical and conforming changes.
54		-	30Money Appropriated in this Bill:
55		-	31 None
56		-	32Other Special Clauses:
57		-	33 None
58		-	34Utah Code Sections Affected:
59		-	35AMENDS:
60		-	36 58-1-501, as last amended by Laws of Utah 2020, Chapters 289, 339
61		-	37ENACTS:
62		-	38 58-1-511, Utah Code Annotated 1953
63		-	39
64		-	40Be it enacted by the Legislature of the state of Utah:
65		-	41 Section 1. Section 58-1-501 is amended to read:
66		-	42 58-1-501. Unlawful and unprofessional conduct.
67		-	43 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
68		-	44under this title and includes:
69		-	45 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
70		-	46attempting to practice or engage in any occupation or profession requiring licensure under this
71		-	47title if the person is:
72		-	48 (i) not licensed to do so or not exempted from licensure under this title; or
73		-	49 (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
74		-	50probationary, or inactive license;
75		-	51 (b) (i) impersonating another licensee or practicing an occupation or profession under a
76		-	52false or assumed name, except as permitted by law; or
77		-	53 (ii) for a licensee who has had a license under this title reinstated following disciplinary
78		-	54action, practicing the same occupation or profession using a different name than the name used
79		-	55before the disciplinary action, except as permitted by law and after notice to, and approval by,
80		-	56the division; Enrolled Copy H.B. 228
	35	+	26 58-1-511, Utah Code Annotated 1953
	36	+	27
	37	+	28Be it enacted by the Legislature of the state of Utah:
	38	+	29 Section 1. Section 58-1-501 is amended to read:
	39	+	30 58-1-501. Unlawful and unprofessional conduct.
	40	+	31 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
	41	+	32under this title and includes:
	42	+	33 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
	43	+	34attempting to practice or engage in any occupation or profession requiring licensure under this
	44	+	35title if the person is:
	45	+	36 (i) not licensed to do so or not exempted from licensure under this title; or
	46	+	37 (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
	47	+	38probationary, or inactive license;
	48	+	39 (b) (i) impersonating another licensee or practicing an occupation or profession under a
	49	+	40false or assumed name, except as permitted by law; or
	50	+	41 (ii) for a licensee who has had a license under this title reinstated following disciplinary
	51	+	42action, practicing the same occupation or profession using a different name than the name used
	52	+	43before the disciplinary action, except as permitted by law and after notice to, and approval by,
	53	+	44the division;
	54	+	45 (c) knowingly employing any other person to practice or engage in or attempt to
	55	+	46practice or engage in any occupation or profession licensed under this title if the employee is
	56	+	47not licensed to do so under this title;
	57	+	48 (d) knowingly permitting the person's authority to practice or engage in any occupation
	58	+	49or profession licensed under this title to be used by another, except as permitted by law;
	59	+	50 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
	60	+	51license, or otherwise dealing with the division or a licensing board through the use of fraud,
	61	+	52forgery, or intentional deception, misrepresentation, misstatement, or omission;
	62	+	53 (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
	63	+	54drug or device to a person located in this state:
	64	+	55 (A) without prescriptive authority conferred by a license issued under this title, or by
	65	+	56an exemption to licensure under this title; or 02-04-23 6:43 PM 2nd Sub. (Gray) H.B. 228
81	66		- 3 -
82		-	57 (c) knowingly employing any other person to practice or engage in or attempt to
83		-	58practice or engage in any occupation or profession licensed under this title if the employee is
84		-	59not licensed to do so under this title;
85		-	60 (d) knowingly permitting the person's authority to practice or engage in any occupation
86		-	61or profession licensed under this title to be used by another, except as permitted by law;
87		-	62 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
88		-	63license, or otherwise dealing with the division or a licensing board through the use of fraud,
89		-	64forgery, or intentional deception, misrepresentation, misstatement, or omission;
90		-	65 (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
91		-	66drug or device to a person located in this state:
92		-	67 (A) without prescriptive authority conferred by a license issued under this title, or by
93		-	68an exemption to licensure under this title; or
94		-	69 (B) with prescriptive authority conferred by an exception issued under this title or a
95		-	70multistate practice privilege recognized under this title, if the prescription was issued without
96		-	71first obtaining information, in the usual course of professional practice, that is sufficient to
97		-	72establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
98		-	73proposed treatment; and
99		-	74 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
100		-	75or cross coverage situation, provided that the person who issues the prescription has
101		-	76prescriptive authority conferred by a license under this title, or is exempt from licensure under
102		-	77this title; or
103		-	78 (g) aiding or abetting any other person to violate any statute, rule, or order regulating
104		-	79an occupation or profession under this title.
105		-	80 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
106		-	81as unprofessional conduct under this title or under any rule adopted under this title and
107		-	82includes:
108		-	83 (a) violating any statute, rule, or order regulating an occupation or profession under this
109		-	84title; H.B. 228 Enrolled Copy
	67	+	57 (B) with prescriptive authority conferred by an exception issued under this title or a
	68	+	58multistate practice privilege recognized under this title, if the prescription was issued without
	69	+	59first obtaining information, in the usual course of professional practice, that is sufficient to
	70	+	60establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
	71	+	61proposed treatment; and
	72	+	62 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
	73	+	63or cross coverage situation, provided that the person who issues the prescription has
	74	+	64prescriptive authority conferred by a license under this title, or is exempt from licensure under
	75	+	65this title; or
	76	+	66 (g) aiding or abetting any other person to violate any statute, rule, or order regulating
	77	+	67an occupation or profession under this title.
	78	+	68 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
	79	+	69as unprofessional conduct under this title or under any rule adopted under this title and
	80	+	70includes:
	81	+	71 (a) violating any statute, rule, or order regulating an occupation or profession under this
	82	+	72title;
	83	+	73 (b) violating, or aiding or abetting any other person to violate, any generally accepted
	84	+	74professional or ethical standard applicable to an occupation or profession regulated under this
	85	+	75title;
	86	+	76 (c) subject to the provisions of Subsection (4), engaging in conduct that results in
	87	+	77conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
	88	+	78abeyance pending the successful completion of probation with respect to a crime of moral
	89	+	79turpitude or any other crime that, when considered with the functions and duties of the
	90	+	80occupation or profession for which the license was issued or is to be issued, bears a substantial
	91	+	81relationship to the licensee's or applicant's ability to safely or competently practice the
	92	+	82occupation or profession;
	93	+	83 (d) engaging in conduct that results in disciplinary action, including reprimand,
	94	+	84censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
	95	+	85authority having jurisdiction over the licensee or applicant in the same occupation or profession
	96	+	86if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
	97	+	87proceedings under Section 58-1-401; 2nd Sub. (Gray) H.B. 228 02-04-23 6:43 PM
110	98		- 4 -
111		-	85 (b) violating, or aiding or abetting any other person to violate, any generally accepted
112		-	86professional or ethical standard applicable to an occupation or profession regulated under this
113		-	87title;
114		-	88 (c) subject to the provisions of Subsection (4), engaging in conduct that results in
115		-	89conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
116		-	90abeyance pending the successful completion of probation with respect to a crime of moral
117		-	91turpitude or any other crime that, when considered with the functions and duties of the
118		-	92occupation or profession for which the license was issued or is to be issued, bears a substantial
119		-	93relationship to the licensee's or applicant's ability to safely or competently practice the
120		-	94occupation or profession;
121		-	95 (d) engaging in conduct that results in disciplinary action, including reprimand,
122		-	96censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
123		-	97authority having jurisdiction over the licensee or applicant in the same occupation or profession
124		-	98if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
125		-	99proceedings under Section 58-1-401;
126		-	100 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
127		-	101chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
128		-	102ability of the licensee or applicant to safely engage in the occupation or profession;
129		-	103 (f) practicing or attempting to practice an occupation or profession regulated under this
130		-	104title despite being physically or mentally unfit to do so;
131		-	105 (g) practicing or attempting to practice an occupation or profession regulated under this
132		-	106title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
133		-	107 (h) practicing or attempting to practice an occupation or profession requiring licensure
134		-	108under this title by any form of action or communication which is false, misleading, deceptive,
135		-	109or fraudulent;
136		-	110 (i) practicing or attempting to practice an occupation or profession regulated under this
137		-	111title beyond the scope of the licensee's competency, abilities, or education;
138		-	112 (j) practicing or attempting to practice an occupation or profession regulated under this Enrolled Copy H.B. 228
	99	+	88 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
	100	+	89chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
	101	+	90ability of the licensee or applicant to safely engage in the occupation or profession;
	102	+	91 (f) practicing or attempting to practice an occupation or profession regulated under this
	103	+	92title despite being physically or mentally unfit to do so;
	104	+	93 (g) practicing or attempting to practice an occupation or profession regulated under this
	105	+	94title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
	106	+	95 (h) practicing or attempting to practice an occupation or profession requiring licensure
	107	+	96under this title by any form of action or communication which is false, misleading, deceptive,
	108	+	97or fraudulent;
	109	+	98 (i) practicing or attempting to practice an occupation or profession regulated under this
	110	+	99title beyond the scope of the licensee's competency, abilities, or education;
	111	+	100 (j) practicing or attempting to practice an occupation or profession regulated under this
	112	+	101title beyond the scope of the licensee's license;
	113	+	102 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
	114	+	103conduct connected with the licensee's practice under this title or otherwise facilitated by the
	115	+	104licensee's license;
	116	+	105 (l) acting as a supervisor without meeting the qualification requirements for that
	117	+	106position that are defined by statute or rule;
	118	+	107 (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
	119	+	108drug or device:
	120	+	109 (i) without first obtaining information in the usual course of professional practice, that
	121	+	110is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
	122	+	111the proposed treatment; or
	123	+	112 (ii) with prescriptive authority conferred by an exception issued under this title, or a
	124	+	113multi-state practice privilege recognized under this title, if the prescription was issued without
	125	+	114first obtaining information, in the usual course of professional practice, that is sufficient to
	126	+	115establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
	127	+	116proposed treatment;
	128	+	117 (n) violating a provision of Section 58-1-501.5; [or]
	129	+	118 (o) violating the terms of an order governing a license[.]; or 02-04-23 6:43 PM 2nd Sub. (Gray) H.B. 228
139	130		- 5 -
140		-	113title beyond the scope of the licensee's license;
141		-	114 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
142		-	115conduct connected with the licensee's practice under this title or otherwise facilitated by the
143		-	116licensee's license;
144		-	117 (l) acting as a supervisor without meeting the qualification requirements for that
145		-	118position that are defined by statute or rule;
146		-	119 (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
147		-	120drug or device:
148		-	121 (i) without first obtaining information in the usual course of professional practice, that
149		-	122is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
150		-	123the proposed treatment; or
151		-	124 (ii) with prescriptive authority conferred by an exception issued under this title, or a
152		-	125multi-state practice privilege recognized under this title, if the prescription was issued without
153		-	126first obtaining information, in the usual course of professional practice, that is sufficient to
154		-	127establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
155		-	128proposed treatment;
156		-	129 (n) violating a provision of Section 58-1-501.5; [or]
157		-	130 (o) violating the terms of an order governing a license[.]; or
158		-	131 (p) violating Section 58-1-511.
159		-	132 (3) Unless otherwise specified by statute or administrative rule, in a civil or
160		-	133administrative proceeding commenced by the division under this title, a person subject to any
161		-	134of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
162		-	135violation.
163		-	136 (4) The following are not evidence of engaging in unprofessional conduct under
164		-	137Subsection (2)(c):
165		-	138 (a) an arrest not followed by a conviction; or
166		-	139 (b) a conviction for which an individual's incarceration has ended more than seven
167		-	140years before the date of the division's consideration, unless: H.B. 228 Enrolled Copy
	131	+	119 (p) violating Section 58-1-511.
	132	+	120 (3) Unless otherwise specified by statute or administrative rule, in a civil or
	133	+	121administrative proceeding commenced by the division under this title, a person subject to any
	134	+	122of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
	135	+	123violation.
	136	+	124 (4) The following are not evidence of engaging in unprofessional conduct under
	137	+	125Subsection (2)(c):
	138	+	126 (a) an arrest not followed by a conviction; or
	139	+	127 (b) a conviction for which an individual's incarceration has ended more than seven
	140	+	128years before the date of the division's consideration, unless:
	141	+	129 (i) after the incarceration the individual has engaged in additional conduct that results
	142	+	130in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
	143	+	131held in abeyance pending the successful completion of probation; or
	144	+	132 (ii) the conviction was for:
	145	+	133 (A) a violent felony as defined in Section 76-3-203.5;
	146	+	134 (B) a felony related to a criminal sexual act pursuant to Title 76, Chapter 5, Part 4,
	147	+	135Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
	148	+	136 (C) a felony related to criminal fraud or embezzlement, including a felony pursuant to
	149	+	137Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
	150	+	138 Section 2. Section 58-1-511 is enacted to read:
	151	+	139 58-1-511. Prohibition on providing conversion therapy to a minor.
	152	+	140 (1) As used in this section:
	153	+	141 (a) "Conversion therapy" means a practice or treatment by which a health care
	154	+	142professional intends to change a minor client's sexual orientation or gender identity, or to
	155	+	143impose a different sexual orientation or gender identity upon a minor client, including a
	156	+	144practice or treatment that:
	157	+	145 (i) subjects a minor client to physical discomfort through aversive treatment that causes
	158	+	146nausea, vomiting, or other unpleasant physical sensation;
	159	+	147 (ii) provides electric shock or other electrical therapy, including electroconvulsive
	160	+	148therapy or transcranial magnetic stimulation;
	161	+	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
168	162		- 6 -
169		-	141 (i) after the incarceration the individual has engaged in additional conduct that results
170		-	142in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
171		-	143held in abeyance pending the successful completion of probation; or
172		-	144 (ii) the conviction was for:
173		-	145 (A) a violent felony as defined in Section 76-3-203.5;
174		-	146 (B) a felony related to a criminal sexual act pursuant to Title 76, Chapter 5, Part 4,
175		-	147Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
176		-	148 (C) a felony related to criminal fraud or embezzlement, including a felony pursuant to
177		-	149Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
178		-	150 Section 2. Section 58-1-511 is enacted to read:
179		-	151 58-1-511. Prohibition on providing conversion therapy to a minor.
180		-	152 (1) As used in this section:
181		-	153 (a) "Conversion therapy" means a practice or treatment by which a health care
182		-	154professional intends to change a minor client's sexual orientation or gender identity, or to
183		-	155impose a different sexual orientation or gender identity upon a minor client, including a
184		-	156practice or treatment that:
185		-	157 (i) subjects a minor client to physical discomfort through aversive treatment that causes
186		-	158nausea, vomiting, or other unpleasant physical sensation;
187		-	159 (ii) provides electric shock or other electrical therapy, including electroconvulsive
188		-	160therapy or transcranial magnetic stimulation;
189		-	161 (iii) subjects a minor client to touching themself or another individual as part of the
190		-	162therapy; or
191		-	163 (iv) causes the minor client to engage in physical self-harm or physical self-inflicted
192		-	164pain.
193		-	165 (b) "Health care professional" means an individual who is licensed, or an individual
194		-	166who provides mental health therapy as part of the individual's training for a profession that is
195		-	167licensed, under:
196		-	168 (i) Chapter 31b, Nurse Practice Act; Enrolled Copy H.B. 228
	163	+	150therapy; or
	164	+	151 (iv) causes the minor client to engage in physical self-harm or physical self-inflicted
	165	+	152pain.
	166	+	153 (b) "Health care professional" means an individual who is licensed, or an individual
	167	+	154who provides mental health therapy as part of the individual's training for a profession that is
	168	+	155licensed, under:
	169	+	156 (i) Chapter 31b, Nurse Practice Act;
	170	+	157 (ii) Chapter 60, Mental Health Professional Practice Act;
	171	+	158 (iii) Chapter 61, Psychologist Licensing Act;
	172	+	159 (iv) Chapter 67, Utah Medical Practice Act;
	173	+	160 (v) Chapter 68, Utah Osteopathic Medical Practice Act; or
	174	+	161 (vi) Chapter 70a, Utah Physician Assistant Act.
	175	+	162 (c) "Minor client" means an individual who is younger than 18 years old and who
	176	+	163consults, is examined or interviewed by, or receives services, care, or treatment from a health
	177	+	164care professional who is acting in their professional capacity.
	178	+	165 (d) "Religious advisor" means an individual who is designated by a religious
	179	+	166organization or association as clergy, minister, pastor, priest, rabbi, imam, bishop, stake
	180	+	167president, or other spiritual advisor.
	181	+	168 (e) (i) "Sexual orientation" means the same as that term is defined in Section
	182	+	16934A-5-102.
	183	+	170 (ii) "Sexual orientation" does not include an action that would constitute sexual abuse
	184	+	171or sexual exploitation as those terms are defined in Section 80-1-102.
	185	+	172 (2) A health care professional who is acting in their professional capacity may not
	186	+	173provide conversion therapy to a minor client.
	187	+	174 (3) A health care professional who is not intending to change a minor client's sexual
	188	+	175orientation or gender identity, or to impose a different sexual orientation or gender identity
	189	+	176upon a minor client, may engage in any professional and lawful conduct, including a practice or
	190	+	177treatment by which the health care professional:
	191	+	178 (a) is neutral with respect to sexual orientation and gender identity;
	192	+	179 (b) provides a minor client with acceptance, support, and understanding;
	193	+	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
197	194		- 7 -
198		-	169 (ii) Chapter 60, Mental Health Professional Practice Act;
199		-	170 (iii) Chapter 61, Psychologist Licensing Act;
200		-	171 (iv) Chapter 67, Utah Medical Practice Act;
201		-	172 (v) Chapter 68, Utah Osteopathic Medical Practice Act; or
202		-	173 (vi) Chapter 70a, Utah Physician Assistant Act.
203		-	174 (c) "Minor client" means an individual who is younger than 18 years old and who
204		-	175consults, is examined or interviewed by, or receives services, care, or treatment from a health
205		-	176care professional who is acting in their professional capacity.
206		-	177 (d) "Religious advisor" means an individual who is designated by a religious
207		-	178organization or association as clergy, minister, pastor, priest, rabbi, imam, bishop, stake
208		-	179president, or other spiritual advisor.
209		-	180 (e) (i) "Sexual orientation" means the same as that term is defined in Section
210		-	18134A-5-102.
211		-	182 (ii) "Sexual orientation" does not include an action that would constitute sexual abuse
212		-	183or sexual exploitation as those terms are defined in Section 80-1-102.
213		-	184 (2) A health care professional who is acting in their professional capacity may not
214		-	185provide conversion therapy to a minor client.
215		-	186 (3) A health care professional who is not intending to change a minor client's sexual
216		-	187orientation or gender identity, or to impose a different sexual orientation or gender identity
217		-	188upon a minor client, may engage in any professional and lawful conduct, including a practice or
218		-	189treatment by which the health care professional:
219		-	190 (a) is neutral with respect to sexual orientation and gender identity;
220		-	191 (b) provides a minor client with acceptance, support, and understanding;
221		-	192 (c) provides treatment to a minor client who is considering a gender transition in any
222		-	193direction, including exploration of the timing thereof;
223		-	194 (d) facilitates a minor client's social support, ability to cope, or the exploration and
224		-	195development of the minor client's identity, including sexual orientation or gender identity;
225		-	196 (e) addresses unlawful, unsafe, premarital, or extramarital sexual activities in a manner H.B. 228 Enrolled Copy
226		-	- 8 -
227		-	197that is neutral with respect to sexual orientation and gender identity;
228		-	198 (f) discusses moral, philosophical, or religious beliefs or practices;
229		-	199 (g) addresses body-image issues, social pressure, or sex or gender stereotypes;
230		-	200 (h) addresses co-occurring mental health, neurological, developmental, trauma, or
231		-	201family issues;
232		-	202 (i) helps a minor client to understand and assess the stages and timing of identity
233		-	203development;
234		-	204 (j) consistent with other applicable laws, rules, orders, and ethical standards, discusses
235		-	205with a minor client's parent or guardian the mental health or development of a minor client; or
236		-	206 (k) assists the minor client to understand the medical, social, or other implications of
237		-	207decisions related to sexual orientation or gender identity.
238		-	208 (4) Subsection (2) does not apply to:
239		-	209 (a) an individual who is both a health care professional and a religious advisor, when
240		-	210the individual is acting substantially in the capacity of a religious advisor and not in the
241		-	211capacity of a health care professional; or
242		-	212 (b) an individual who is both a health care professional and a parent or grandparent,
243		-	213when the individual is acting substantially in the capacity of a parent or grandparent and not in
244		-	214the capacity of a health care professional.
245		-	215 (5) A violation of this section is unprofessional conduct.
246		-	216 (6) A rule adopted under this title that defines "unprofessional conduct" shall be
247		-	217consistent with this section.
248		-	218 (7) If any provision of this section or the application of any provision to any person or
249		-	219circumstance is held invalid by a final decision of a court of competent jurisdiction, the
250		-	220invalidity does not affect other provisions or applications of this section which can be given
251		-	221effect without the invalid provision or application, and to this end the provisions of this section
252		-	222are severable.
	195	+	181direction, including exploration of the timing thereof;
	196	+	182 (d) facilitates a minor client's social support, ability to cope, or the exploration and
	197	+	183development of the minor client's identity, including sexual orientation or gender identity;
	198	+	184 (e) addresses unlawful, unsafe, premarital, or extramarital sexual activities in a manner
	199	+	185that is neutral with respect to sexual orientation and gender identity;
	200	+	186 (f) discusses moral, philosophical, or religious beliefs or practices;
	201	+	187 (g) addresses body-image issues, social pressure, or sex or gender stereotypes;
	202	+	188 (h) addresses co-occurring mental health, neurological, developmental, trauma, or
	203	+	189family issues;
	204	+	190 (i) helps a minor client to understand and assess the stages and timing of identity
	205	+	191development;
	206	+	192 (j) consistent with other applicable laws, rules, orders, and ethical standards, discusses
	207	+	193with a minor client's parent or guardian the mental health or development of a minor client; or
	208	+	194 (k) assists the minor client to understand the medical, social, or other implications of
	209	+	195decisions related to sexual orientation or gender identity.
	210	+	196 (4) Subsection (2) does not apply to:
	211	+	197 (a) an individual who is both a health care professional and a religious advisor, when
	212	+	198the individual is acting substantially in the capacity of a religious advisor and not in the
	213	+	199capacity of a health care professional; or
	214	+	200 (b) an individual who is both a health care professional and a parent or grandparent,
	215	+	201when the individual is acting substantially in the capacity of a parent or grandparent and not in
	216	+	202the capacity of a health care professional.
	217	+	203 (5) A violation of this section is unprofessional conduct.
	218	+	204 (6) A rule adopted under this title that defines "unprofessional conduct" shall be
	219	+	205consistent with this section.
	220	+	206 (7) If any provision of this section or the application of any provision to any person or
	221	+	207circumstance is held invalid by a final decision of a court of competent jurisdiction, the
	222	+	208invalidity does not affect other provisions or applications of this section which can be given
	223	+	209effect without the invalid provision or application, and to this end the provisions of this section
	224	+	210are severable.