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240 250 260 270 280 290 300 310 320 330 340 350 360 AN ACT CONCERNING Health Occupations General Provisions Efforts to Change Sexual Orientation or Gender Identity of Minors Prohibited; Regulations; Discipline FOR the purpose of requiring certain health occupation boards to establish regulations that prohibit applicants or holders of licenses and certificates issued by said boards from engaging in activities that intend to change the sexual orientation or gender identity of a patient under eighteen years of age; establishing disciplinary actions that health occupation boards may take against applicants or holders of licenses and certificates issued by said board who engage in activities that intend to change the sexual orientation or gender identity of a patient under eighteen years of age; defining certain terms; declaring that provisions or applications of this Act found to be invalid by a court of competent jurisdiction are severable and do not affect any other provision or application of the Act; and repealing laws inconsistent with this Act. BY adding to, Article Health Occupations Title 1 Definitions; General Provisions Subtitle 2 General Provisions 1-220. Efforts to change sexual orientation or gender identity of minors prohibited; regulations; discipline SECTION 1. BE IT ENACTED BY MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: Article Health Occupations Title 1 Definitions; General Provisions Subtitle 2 General Provisions 1-220. EFFORTS TO CHANGE SEXUAL ORIENTATION OR GENDER IDENTITY OF MINORS PROHIBITED; REGULATIONS; DISCIPLINE (A) DEFINITIONS.-(1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) MENTAL HEALTH OCCUPATION BOARD MEANS ANY OF THE FOLLOWING HEALTH OCCUPATION BOARDS: (I) THE STATE BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS, AS ESTABLISHED BY 17-201 OF THIS ARTICLE;

A011-1213 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 670 680 690 700 710 720 730 (II) THE STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS, AS ESTABLISHED BY 18-201 OF THIS ARTICLE; OR, (III) THE STATE BOARD OF SOCIAL WORK EXAMINERS, AS ESTABLISHED BY 19-201 OF THIS ARTICLE. (2) SEXUAL ORIENTATION MEANS AN ENDURING PATTERN OF EMOTIONAL, ROMANTIC, AND/OR SEXUAL ATTRACTION TO MEMBERS OF A SPECIFIC SEX OR ANY COMBINATION OF SEXES. (3) GENDER IDENTITY MEANS A PERSONS SENSE OF THEIR OWN GENDER AND THEIR SUBJECTIVE EXPERIENCE OF HAVING THAT GENDER. (4) (I) EFFORTS TO CHANGE SEXUAL ORIENTATION OR GENDER IDENTITY MEANS ANY PRACTICES BY A HEALTH CARE PROVIDER THAT SEEK TO CHANGE AN INDIVIDUALS SEXUAL ORIENTATION OR GENDER IDENTITY. THIS INCLUDES EFFORTS TO CHANGE BEHAVIORS OR GENDER EXPRESSIONS, OR TO REDUCE OR TO ELIMINATE SEXUAL OR ROMANTIC ATTRACTIONS TOWARDS INDIVIDUALS OF A PARTICULAR SEX. (II) EFFORTS TO CHANGE SEXUAL ORIENTATION OR GENDER IDENTITY DOES NOT INCLUDE ANY THERAPIES THAT: 1. PROVIDE ACCEPTANCE, SUPPORT, AND UNDERSTANDING OF CLIENTS COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL OR GENDER IDENTITYNEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; OR 2. DO NOT SEEK TO CHANGE SEXUAL ORIENTATION OR GENDER IDENTITY. (B) ADOPTION OF REGULATIONS. EACH MENTAL HEALTH OCCUPATION BOARD AUTHORIZED TO ISSUE A LICENSE OR CERTIFICATE UNDER THIS ARTICLE SHALL ADOPT REGULATIONS THAT:

A011-1213 740 750 760 770 780 790 800 810 820 830 840 850 860 870 880 890 900 910 920 930 940 950 960 970 980 990 1000 1010 1020 1030 1040 1050 1060 1070 1080 (1) PROHIBIT EFFORTS TO CHANGE THE SEXUAL ORIENTATION OR GENDER IDENTITY OF A CLIENT OR PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE; AND (2) PROVIDE FOR THE DISCIPLINE OF A LICENSEE OR CERTIFICATE HOLDER FOUND TO BE GUILTY OF ENGAGING IN EFFORTS TO CHANGE THE SEXUAL ORIENTATION OR GENDER IDENTITY OF A CLIENT OR PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE. (C) VIOLATING BOARD REGULATIONS. SUBJECT TO THE PROVISIONS OF THE LAW GOVERNING CONTESTED CASES, IF AN APPLICANT, LICENSEE, OR CERTIFICATE HOLDER VIOLATES A REGULATION ADOPTED UNDER SUBSECTION (B) OF THIS SECTION, A MENTAL HEALTH OCCUPATION BOARD MAY: (1) DENY A LICENSE OR CERTIFICATE TO THE APPLICANT; (2) REPRIMAND THE LICENSEE OR CERTIFICATE HOLDER; (3) PLACE THE LICENSEE OR CERTIFICATE HOLDER ON PROBATION; OR (4) SUSPEND OR REVOKE THE LICENSE OR CERTIFICATE. (D) OTHER DISCIPLINARY ACTION. THIS SECTION DOES NOT NEGATE ANY OTHER DISCIPLINARY ACTION UNDER A HEALTH OCCUPATION BOARDS STATUTORY OR REGULATORY PROVISIONS. SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for provisions of this Act are declared severable. SECTION 3. AND BE IT FURTHER ENACTED, That all laws or parts of laws, public general or public local, inconsistent with this Act, are repealed to the extent of the inconsistency. SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect January 1, 2013. MANDATES: Martin OMalley, Governor of Maryland Joshua M. Sharfstein, M.D., Maryland Secretary of Health and Mental Hygiene Thomas V. Mike Miller, President, Maryland Senate

A011-1213 1090 1100 1110 1120 1130 1140 1150 Michael E. Busch, Speaker, Maryland House of Delegates Sen. Joan Carter Conway, Chair, Senate Committee on Education, Health, and Environmental Affairs Del. Peter A. Hammen, Chair, House of Delegates Committee on Health and Government Operations Del. Eric M. Bromwell, Chair, House of Delegates Subcommittee on Health Facilities and Occupations

SPONSOR: Andy Jannett, Federalist Caucus Leader and State Political Liaison University of Maryland, College Park andy.jannett@gmail.com