HB1365 - Relating to unprofessional conduct by mental health providers who attempt to change the sexual orientation of a child.

  89R2724 SCR-D     By: Hernandez H.B. No. 1365       A BILL TO BE ENTITLED   AN ACT   relating to unprofessional conduct by mental health providers who   attempt to change the sexual orientation of a child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 105, Occupations Code, is   amended to read as follows:   CHAPTER 105. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [ HEALTH   CARE PROVIDER ]          SECTION 2.  Chapter 105, Occupations Code, is amended by   designating Sections 105.001 and 105.002 as Subchapter A and adding   a subchapter heading to read as follows:   SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY HEALTH CARE PROVIDER          SECTION 3.  Section 105.001, Occupations Code, is amended to   read as follows:          Sec. 105.001.  DEFINITION. In this subchapter [ chapter ],   "health care provider" means a person who furnishes services under   a license, certificate, registration, or other authority issued by   this state or another state to diagnose, prevent, alleviate, or   cure a human illness or injury.          SECTION 4.  Chapter 105, Occupations Code, is amended by   adding Subchapter B to read as follows:   SUBCHAPTER B. UNPROFESSIONAL CONDUCT BY MENTAL HEALTH PROVIDER           Sec. 105.051.  DEFINITIONS. In this subchapter:                 (1)     "Child" means an individual younger than 18 years   of age.                 (2)     "Gender identity or expression" means an   individual's having, or being perceived as having, a gender-related   identity, appearance, expression, or behavior, whether or not that   identity, appearance, expression, or behavior is different from   that commonly associated with the individual's assigned sex at   birth.                 (3)  "Mental health provider" means:                       (A)     a behavior analyst licensed under Chapter   506;                       (B)     a chemical dependency counselor licensed   under Chapter 504;                       (C)     a licensed professional counselor licensed   under Chapter 503;                       (D)     a marriage and family therapist licensed   under Chapter 502;                       (E)  a nurse licensed under Chapter 301;                       (F)  a physician licensed under Subtitle B;                       (G)  a psychologist licensed under Chapter 501;                       (H)     a sex offender treatment provider licensed   under Chapter 110;                       (I)  a social worker licensed under Chapter 505;                       (J)     a special officer for offenders with mental   impairments certified under Section 1701.404; or                       (K)     another individual licensed by this state to   provide professional therapy or counseling services.                 (4)     "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.           Sec.   105.052.     UNPROFESSIONAL CONDUCT. (a) A mental health   provider engages in unprofessional conduct if, in the course of   providing services to a child, the mental health provider attempts   to:                 (1)     change the child's sexual orientation, including   by attempting to change the child's behavior or gender identity or   expression; or                 (2)     eliminate or reduce the child's sexual or romantic   attractions or feelings toward individuals of the same sex.           (b)  Subsection (a) does not apply to counseling that:                 (1)     provides acceptance, support, and understanding   of a child or facilitates a child's coping, social support, and   identity exploration and development, including sexual   orientation-neutral interventions to prevent or address unlawful   conduct or unsafe sexual practices, if that counseling does not   seek to change sexual orientation or gender identity or expression;   or                 (2)     provides support to a child undergoing gender   transition in accordance with established standards of care.           (c)     A mental health provider who commits unprofessional   conduct under Subsection (a) is subject to disciplinary action by   any state regulatory entity with the power to take disciplinary   action against that mental health provider.          SECTION 5.  This Act takes effect September 1, 2025.