Bill Summary for S 392 (2021-2022)

Summary date: 

Mar 30 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 392 (Public) Filed Tuesday, March 30, 2021
AN ACT CONCERNING THE PROTECTION OF MINORS AND ADULTS WHO HAVE DISABILITIES FROM ATTEMPTS TO CHANGE SEXUAL ORIENTATION AND GENDER IDENTITY.
Intro. by Marcus, Chaudhuri, Murdock.

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Bill summary

Identical to H 452, filed 3/30/21.

Includes whereas clauses. Enacts new Article IM, Mental Health Protection Act, in GS Chapter 90. Prohibits the following from engaging in conversion therapy with an individual under age 18 or an adult who has a disability, as defined: licensed clinical social workers, licensed marriage and family therapists, licensed clinical mental health counselors, licensed psychiatrists, and licensed psychologists. Conversion therapy is defined as any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to (1) change behaviors and gender expressions or (2) eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same gender. Excludes from conversion therapy counseling that provides assistance to an individual undergoing gender transition or counseling that provides acceptance, support, and understanding of an individual or facilitates an individual's coping, social support, and identity exploration and development as long as such counseling does not seek to change an individual's sexual orientation or gender identity. Considers conversion therapy practiced by those named classes of professionals as unprofessional conduct and makes the professional subject to discipline. Directs the Department of Health and Human Services to report to the appropriate licensing entity any professional found to be in violation of the statute. Authorizes DHHS to adopt rules to set forth and implement reporting requirements for violations. Prohibits State funds, or any funds belonging to a municipality, agency, or political subdivision of this State, from being expended for the purpose of conducting conversion therapy, referring an individual for conversion therapy, health benefits coverage for conversion therapy, or a grant or contract with any entity that conducts conversion therapy or refers individuals for conversion therapy. Includes a severability clause.

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