Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 228 Second Substitute (2023GS)

Sponsor

Rep. Petersen, M.

Final action

Governor Signed 3/22/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits certain health care professionals from providing conversion therapy to a minor client;
• includes a severability clause; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

UNPROFESSIONAL CONDUCT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael J. Petersen
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Nelson T. Abbott
Cheryl K. Acton
Carl R. Albrecht
Kera Birkeland
Bridger Bolinder
Brady Brammer
Walt Brooks
Jefferson S. Burton
Kay J. Christofferson
Joseph Elison
Matthew 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
LONG TITLE
General Description:
This bill modifies and enacts provisions relating to the provision of conversion therapy
to minors.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits certain health care professionals from providing conversion therapy to a
minor client;
▸ includes a severability clause; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-501
, as last amended by Laws of Utah 2020, Chapters 289, 339
ENACTS:
58-1-511
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-1-501
 is amended to read:
58-1-501.
Unlawful and unprofessional conduct.
(1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
under this title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, or
attempting to practice or engage in any occupation or profession requiring licensure under this
title if the person is:
(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary,
probationary, or inactive license;
(b) (i) impersonating another licensee or practicing an occupation or profession under a
false or assumed name, except as permitted by law; or
(ii) for a licensee who has had a license under this title reinstated following disciplinary
action, practicing the same occupation or profession using a different name than the name used
before the disciplinary action, except as permitted by law and after notice to, and approval by,
the division;
(c) knowingly employing any other person to practice or engage in or attempt to
practice or engage in any occupation or profession licensed under this title if the employee is
not licensed to do so under this title;
(d) knowingly permitting the person's authority to practice or engage in any occupation
or profession licensed under this title to be used by another, except as permitted by law;
(e) obtaining a passing score on a licensure examination, applying for or obtaining a
license, or otherwise dealing with the division or a licensing board through the use of fraud,
forgery, or intentional deception, misrepresentation, misstatement, or omission;
(f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device to a person located in this state:
(A) without prescriptive authority conferred by a license issued under this title, or by
an exemption to licensure under this title; or
(B) with prescriptive authority conferred by an exception issued under this title or a
multistate practice privilege recognized under this title, if the prescription was issued without
first obtaining information, in the usual course of professional practice, that is sufficient to
establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
proposed treatment; and
(ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
or cross coverage situation, provided that the person who issues the prescription has
prescriptive authority conferred by a license under this title, or is exempt from licensure under
this title; or
(g) aiding or abetting any other person to violate any statute, rule, or order regulating
an occupation or profession under this title.
(2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
as unprofessional conduct under this title or under any rule adopted under this title and
includes:
(a) violating any statute, rule, or order regulating an occupation or profession under this
title;
(b) violating, or aiding or abetting any other person to violate, any generally accepted
professional or ethical standard applicable to an occupation or profession regulated under this
title;
(c) subject to the provisions of Subsection (4), engaging in conduct that results in
conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
abeyance pending the successful completion of probation with respect to a crime of moral
turpitude or any other crime that, when considered with the functions and duties of the
occupation or profession for which the license was issued or is to be issued, bears a substantial
relationship to the licensee's or applicant's ability to safely or competently practice the
occupation or profession;
(d) engaging in conduct that results in disciplinary action, including reprimand,
censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
authority having jurisdiction over the licensee or applicant in the same occupation or profession
if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
proceedings under Section 
58-1-401
;
(e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
ability of the licensee or applicant to safely engage in the occupation or profession;
(f) practicing or attempting to practice an occupation or profession regulated under this
title despite being physically or mentally unfit to do so;
(g) practicing or attempting to practice an occupation or profession regulated under this
title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
(h) practicing or attempting to practice an occupation or profession requiring licensure
under this title by any form of action or communication which is false, misleading, deceptive,
or fraudulent;
(i) practicing or attempting to practice an occupation or profession regulated under this
title beyond the scope of the licensee's competency, abilities, or education;
(j) practicing or attempting to practice an occupation or profession regulated under this
title beyond the scope of the licensee's license;
(k) verbally, physically, mentally, or sexually abusing or exploiting any person through
conduct connected with the licensee's practice under this title or otherwise facilitated by the
licensee's license;
(l) acting as a supervisor without meeting the qualification requirements for that
position that are defined by statute or rule;
(m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device:
(i) without first obtaining information in the usual course of professional practice, that
is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
the proposed treatment; or
(ii) with prescriptive authority conferred by an exception issued under this title, or a
multi-state practice privilege recognized under this title, if the prescription was issued without
first obtaining information, in the usual course of professional practice, that is sufficient to
establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
proposed treatment;
(n) violating a provision of Section 
58-1-501.5
; [
or
]
(o) violating the terms of an order governing a license[
.
]
; or
(p) violating Section 
58-1-511
.
(3) Unless otherwise specified by statute or administrative rule, in a civil or
administrative proceeding commenced by the division under this title, a person subject to any
of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
violation.
(4) The following are not evidence of engaging in unprofessional conduct under
Subsection (2)(c):
(a) an arrest not followed by a conviction; or
(b) a conviction for which an individual's incarceration has ended more than seven
years before the date of the division's consideration, unless:
(i) after the incarceration the individual has engaged in additional conduct that results
in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
held in abeyance pending the successful completion of probation; or
(ii) the conviction was for:
(A) a violent felony as defined in Section 
76-3-203.5
;
(B) a felony related to a criminal sexual act pursuant to Title 76, Chapter 5, Part 4,
Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
(C) a felony related to criminal fraud or embezzlement, including a felony pursuant to
Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
Section 2. Section 
58-1-511
 is enacted to read:
 58-1-511.
Prohibition on providing conversion therapy to a minor.
(1) As used in this section:
(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.
(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:
(i) Chapter 31b, Nurse Practice Act;
(ii) Chapter 60, Mental Health Professional Practice Act;
(iii) Chapter 61, Psychologist Licensing Act;
(iv) Chapter 67, Utah Medical Practice Act;
(v) Chapter 68, Utah Osteopathic Medical Practice Act; or
(vi) Chapter 70a, Utah Physician Assistant Act.
(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
.
(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.
(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.
(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.