_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE PRACTICE OF CONVERSION THERAPY; eSTABLISHING THAT USE OF CONVERSION THERAPY IS UNPROFESSIONAL CONDUCT or gross neglect of duty; PROVIDING DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Short title. [Sections 1 through 4] may be cited as the "Youth Mental Health Protection Act".

NEW SECTION. Section 2. Legislative findings -- purpose. (1) The legislature finds that contemporary science recognizes that being lesbian, gay, bisexual, or transgender is part of the natural spectrum of human identity and is not a disease, disorder, or illness.

(2)        The legislature further finds that efforts to change a person's sexual orientation and gender identity can pose critical health risks to lesbian, gay, bisexual, and transgender persons.

(3)        The legislature further finds that the state has a compelling interest in protecting the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth.

(4)        The purpose of [sections 1 through 4] is to protect Montana youth from exposure to serious harm caused by conversion therapy.

NEW SECTION. Section 3. Definitions. As used in [sections 1 through 4], the following definitions apply:

(1)        (a) "Conversion therapy" means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, including but not limited to efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same gender.

(b)        The term does not include counseling that, if it does not seek to change an individual's sexual orientation or gender identity:

(i)         assists a person undergoing gender transition;

(ii)        provides acceptance, support, and understanding of a person's coping, social support, and identity exploration and development; or

(iii)       involves sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sex practices.

(2)        "Professional counseling" means counseling provided by a person:

(a)        licensed under Title 37 as a physician, an advanced practice registered nurse or a physician assistant with a clinical specialty in psychiatric mental health, a psychologist, a social worker, a professional counselor, a marriage and family therapist, or a behavioral health peer support specialist; and

(b)        licensed as a school psychologist or school counselor under the rules of the board of public education.

NEW SECTION. Section 4. Prohibition on use of conversion therapy. (1) A person licensed to provide professional counseling may not engage in conversion therapy with a person 18 years of age or younger.

(2)        A violation of this section constitutes:

(a)        for a person licensed under Title 37, unprofessional conduct under 37-1-308 and is subject to the sanctions provided for in 37-1-312; or

(b)        for a school counselor or psychologist, gross neglect of duty under 20-4-110 and is subject to the disciplinary provisions of 20-4-110.

NEW SECTION. Section 5. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of:

(1)        Title 37, chapter 2, and the provisions of Title 37, chapter 2, apply to [sections 1 through 4]; and

(2)        Title 20, chapter 5, part 4, and the provisions of Title 20, chapter 5, part 4, apply to [sections 1 through 4].

NEW SECTION. Section 6. Effective date. [This act] is effective on passage and approval.