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