|
REFERENCE TITLE: conversion therapy; funding; prohibitions; minors |
|
State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
|
|
HB 2789 |
|
|
|
Introduced by Representatives Contreras P: Austin, Contreras L, Crews, De Los Santos, Gutierrez, Ortiz, Terech, Villegas
|
An Act
amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3229.02; amending title 35, chapter 1, article 5, Arizona Revised Statutes, by adding section 35-196.06; relating to health care for minors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3229.02, to read:
32-3229.02. Conversion therapy; minors; unprofessional conduct; exceptions; definitions
A. It is an act of unprofessional conduct for a health care professional to provide conversion therapy to a patient or client who is under eighteen years of age.
B. Subsection A of this section does not apply to either:
1. A clergy member or religious counselor who is acting substantially in a pastoral or religious capacity and not in the capacity of a health care professional.
2. A parent or grandparent who is a health care professional and who is acting substantially in the capacity of a parent or grandparent and not in the capacity of a health care professional.
C. For the purposes of this section:
1. "Conversion therapy":
(a) Means any practice or treatment that seeks to change the sexual orientation or gender identity of a patient or client, including mental health therapy that seeks to change, eliminate or reduce behaviors, expressions, attractions or feelings related to the patient's or client's sexual orientation or gender identity.
(b) Does not include a practice or treatment that does not seek to change a patient's or client's sexual orientation or gender identity and that meets any of the following:
(i) Is neutral with respect to sexual orientation or gender identity.
(ii) Provides assistance to a patient or client undergoing gender transition.
(iii) Provides acceptance of and support and understanding to a patient or client.
(iv) Facilitates a patient's or client's social support, identity exploration and development, and ability to cope.
(v) Addresses unlawful, unsafe, premarital or extramarital sexual activities in a manner that is neutral with respect to sexual orientation.
(vi) Discusses the patient's or client's moral or religious beliefs or practices.
2. "Health care professional" means an individual who provides mental health therapy as part of the individual's profession and who is certified or licensed pursuant to chapter 13, 15, 17, 19.1 or 33 of this title.
Sec. 2. Title 35, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 35-196.06, to read:
35-196.06. Conversion therapy; minors; funding; prohibition
A. State monies, or any monies belonging to any state agency, state corporation, division, department, commission or political subdivision of this state, without limitation, may not be spent for the purpose of conducting conversion therapy, health benefits coverage for conversion therapy or a grant or contract with any entity that conducts or provides conversion therapy to a patient or client who is under eighteen years of age.
B. A state agency, state corporation, division, department, commission or political subdivision of this state, without limitation, may not use or expend any federal monies to any entity for the purpose of conducting, facilitating or reimbursing conversion therapy, or provide a grant to or contract with any entity that conducts or provides conversion therapy to a patient or client who is under eighteen years of age.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.