CONVERSION THERAPY; MINOR; PROHIBIT                                          H.B. 4616 & 4617:

                                                                                 SUMMARY OF DISCHARGED BILL

 

 

 

 

 

 

House Bill 4616 and 4617 (as discharged)

Sponsor:  Representative Felicia Brabec (H.B. 4616)

               Representative Jason Hoskins (H.B. 4617)

House Committee:  Health Policy

Senate Committee:  Housing and Human Services (discharged)

 


CONTENT

 

House Bill 4616 would amend the Mental Health Code to prohibit a mental health professional from engaging in conversion therapy with a minor. A mental health professional that did so would be subject to disciplinary action and licensing sanctions.

 

House Bill 4617 would amend the Mental Health Code to define "conversion therapy" as any practice or treatment by a mental health professional that seeks to change an individual's sexual orientation or gender identity, including efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender. The term would not include counseling that provided assistance to an individual undergoing a gender transition, counseling that provided acceptance, support, or understanding of an individual or facilitates an individual's coping, social support, or identity exploration and development, including sexual orientation-neutral intervention to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling did not seek to change an individual's sexual orientation or gender identity.

 

The bills are tie-barred.

 

Proposed MCL 330.1901a (H.B. 4616)                                   Legislative Analyst:  Eleni Lionas

MCL 330.1100a (H.B. 4617)

 

FISCAL IMPACT

 

House Bill 4616 would have an indeterminate fiscal impact on the Department of Licensing and Regulatory Affairs (LARA) and no significant impact on local units of government. If a licensed professional were reported for an alleged violation under the bill, LARA could incur investigatory costs if the violation met the standards for gross negligence or willful misconduct. However, these costs likely would be covered by existing appropriations. These costs could be partially offset by any fines imposed by LARA.

The bill would have no fiscal impact on the Department of Health and Human Services (DHHS). Since June 2021, the DHHS has been prohibited from using State or Federal funds for the practice of conversion therapy on minors. This includes funds related to Medicaid, the Children's Health Insurance Program, child welfare services, and juvenile justice programs. As this bill would codify the requirements in the Executive Directive 2021-3, there would be no change to current departmental policy.

House Bill 4617 would have no fiscal impact on the DHHS or local units of government.

Date Completed:  6-27-23                 Fiscal Analyst:  Ellyn Ackerman; Elizabeth Raczkowski

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.