58-1-511. Prohibition on providing conversion therapy to a minor.
| (1) |
As used in this section:
Terms Used In Utah Code 58-1-511- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
| (a) |
“Conversion therapy” means a practice or treatment by which a health care professional intends to change a minor client’s sexual orientation or gender identity, or to impose a different sexual orientation or gender identity upon a minor client, including a practice or treatment that:
| (i) |
subjects a minor client to physical discomfort through aversive treatment that causes nausea, vomiting, or other unpleasant physical sensation; |
| (ii) |
provides electric shock or other electrical therapy, including electroconvulsive therapy or transcranial magnetic stimulation; |
| (iii) |
subjects a minor client to touching themself or another individual as part of the therapy; or |
| (iv) |
causes the minor client to engage in physical self-harm or physical self-inflicted pain. |
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| (b) |
“Health care professional” means an individual who is licensed, or an individual who provides mental health therapy as part of the individual’s training for a profession that is licensed, under:
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| (c) |
“Minor client” means an individual who is younger than 18 years old and who consults, is examined or interviewed by, or receives services, care, or treatment from a health care professional who is acting in their professional capacity. |
| (d) |
“Religious advisor” means an individual who is designated by a religious organization or association as clergy, minister, pastor, priest, rabbi, imam, bishop, stake president, or other spiritual advisor. |
| (e) |
| (i) |
“Sexual orientation” means the same as that term is defined in Section 34A-5-102. |
| (ii) |
“Sexual orientation” does not include an action that would constitute sexual abuse or sexual exploitation as those terms are defined in Section 80-1-102. |
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| (2) |
A health care professional who is acting in their professional capacity may not provide conversion therapy to a minor client. |
| (3) |
A health care professional who is not intending to change a minor client’s sexual orientation or gender identity, or to impose a different sexual orientation or gender identity upon a minor client, may engage in any professional and lawful conduct, including a practice or treatment by which the health care professional:
| (a) |
is neutral with respect to sexual orientation and gender identity; |
| (b) |
provides a minor client with acceptance, support, and understanding; |
| (c) |
provides treatment to a minor client who is considering a gender transition in any direction, including exploration of the timing thereof; |
| (d) |
facilitates a minor client’s social support, ability to cope, or the exploration and development of the minor client’s identity, including sexual orientation or gender identity; |
| (e) |
addresses unlawful, unsafe, premarital, or extramarital sexual activities in a manner that is neutral with respect to sexual orientation and gender identity; |
| (f) |
discusses moral, philosophical, or religious beliefs or practices; |
| (g) |
addresses body-image issues, social pressure, or sex or gender stereotypes; |
| (h) |
addresses co-occurring mental health, neurological, developmental, trauma, or family issues; |
| (i) |
helps a minor client to understand and assess the stages and timing of identity development; |
| (j) |
consistent with other applicable laws, rules, orders, and ethical standards, discusses with a minor client’s parent or guardian the mental health or development of a minor client; or |
| (k) |
assists the minor client to understand the medical, social, or other implications of decisions related to sexual orientation or gender identity. |
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| (4) |
Subsection (2) does not apply to:
| (a) |
an individual who is both a health care professional and a religious advisor, when the individual is acting substantially in the capacity of a religious advisor and not in the capacity of a health care professional; or |
| (b) |
an individual who is both a health care professional and a parent or grandparent, when the individual is acting substantially in the capacity of a parent or grandparent and not in the capacity of a health care professional. |
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| (5) |
A violation of this section is unprofessional conduct. |
| (6) |
A rule adopted under this title that defines “unprofessional conduct” shall be consistent with this section. |
| (7) |
If any provision of this section or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. |
Enacted by Chapter 463, 2023 General Session
