SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Therapeutic Fraud 
Prevention Act of 2023’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Being lesbian, gay, bisexual, transgender, or 
gender nonconforming is not a disorder, disease, ill-
ness, deficiency, or shortcoming. 
(2) The national community of professionals in 
education, social work, health, mental health, and 
counseling has determined that there is no scientif-
ically valid evidence that supports the practice of at-
tempting to prevent a person from being lesbian, 
gay, bisexual, transgender, or gender nonconforming. 
(3) Such professionals have determined that 
there is no evidence that conversion therapy is effec-
tive or that an individual’s sexual orientation or gen-
der identity can be changed by conversion therapy. 
(4) Such professionals have also determined 
that the potential risks of conversion therapy are not 
only that it is ineffective, but also that it is substan-
tially dangerous to an individual’s mental and phys-
ical health, and has been shown to contribute to de-
pression, self-harm, low self-esteem, family rejection, 
and suicide. 
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(5) It is in the interest of the Nation to prevent 
lesbian, gay, bisexual, transgender, and gender non-
conforming people and their families from being de-
frauded by persons seeking to profit by offering this 
harmful and wholly ineffective therapy. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CONVERSION THERAPY.—The term ‘‘conver-
sion therapy’’— 
(A) means any practice or treatment by 
any person that seeks to change another indi-
vidual’s sexual orientation or gender identity, 
including efforts to change behaviors or gender 
expressions, or to eliminate or reduce sexual or 
romantic attractions or feelings toward individ-
uals of the same gender, if such person— 
(i) receives monetary compensation in 
exchange for such practice or treatment; or 
(ii) instead of, or in addition to, re-
ceiving monetary compensation in ex-
change for such practice or treatment di-
rectly, receives monetary compensation in 
exchange for a product or service that is 
integral to the provision of such practice or 
treatment by such person, unless such 
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product or service is protected by the First 
Amendment to the Constitution; and 
(B) does not include any practice or treat-
ment, which does not seek to change sexual ori-
entation or gender identity, that— 
(i) provides assistance to an individual 
undergoing a gender transition; or 
(ii) provides acceptance, support, and 
understanding of a client or facilitation of 
a client’s coping, social support, and iden-
tity exploration and development, including 
sexual orientation-neutral interventions to 
prevent or address unlawful conduct or un-
safe sexual practices. 
(2) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means the gender-related identity, appear-
ance, mannerisms, or other gender-related character-
istics of an individual, regardless of the individual’s 
designated sex at birth. 
(3) PERSON.—The term ‘‘person’’ means any 
individual, partnership, corporation, cooperative, as-
sociation, or any other entity. 
(4) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means homosexuality, heterosexuality, 
or bisexuality. 
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SEC. 4. UNLAWFUL CONDUCT RELATED TO CONVERSION 
THERAPY. 
(a) IN GENERAL.—It shall be unlawful for any per-
son— 
(1) to provide conversion therapy to any indi-
vidual; 
(2) to advertise for the provision of conversion 
therapy and claim in such advertising— 
(A) to change another individual’s sexual 
orientation or gender identity; 
(B) to eliminate or reduce sexual or ro-
mantic attractions or feelings toward individ-
uals of the same gender; or 
(C) that such efforts are harmless or with-
out risk to individuals receiving such therapy; 
or 
(3) to knowingly assist or facilitate the provi-
sion of conversion therapy to an individual if such 
person receives compensation from any source in 
connection with providing conversion therapy. 
(b) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) VIOLATION OF RULE.—A violation of sub-
section (a) shall be treated as a violation of a rule 
defining an unfair or deceptive act or practice pre-
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scribed under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF COMMISSION.— 
(A) IN
GENERAL.—The Federal Trade 
Commission shall enforce this section in the 
same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though 
all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of 
this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates subsection (a) shall be sub-
ject to the penalties, and entitled to the privi-
leges and immunities, provided in the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.). 
Nothing in this paragraph shall be construed to 
limit the authority of the Federal Trade Com-
mission under any other provision of law. 
(3) REGULATIONS.—The Federal Trade Com-
mission may promulgate, in accordance with section 
553 of title 5, United States Code, such regulations 
as the Commission considers appropriate to carry 
out this section. 
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(c) ENFORCEMENT BY ATTORNEY GENERAL.—The 
Attorney General may bring a civil action in the courts 
of the United States against a person who engages in a 
violation of subsection (a), for appropriate relief. 
(d) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—If the attorney general of a 
State has reason to believe that an interest of the 
residents of the State has been or is being threat-
ened or adversely affected by a practice that violates 
subsection (a), the attorney general of the State 
may, as parens patriae, bring a civil action on behalf 
of the residents of the State in an appropriate dis-
trict court of the United States to obtain appro-
priate relief. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State, before initiating a civil action under 
paragraph (1), shall provide written notifi-
cation to the Federal Trade Commission 
that the attorney general intends to bring 
such civil action. 
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State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(4) PREEMPTIVE ACTION BY FEDERAL TRADE 
COMMISSION.—If the Federal Trade Commission in-
stitutes a civil action or an administrative action 
with respect to a violation of subsection (a), the at-
torney general of a State may not, during the pend-
ency of such action, bring a civil action under para-
graph (1) against any defendant named in the com-
plaint of the Commission for the violation with re-
spect to which the Commission instituted such ac-
tion. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
(ii) another court of competent juris-
diction. 
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(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which— 
(i) the defendant is an inhabitant, 
may be found, or transacts business; or 
(ii) venue is proper under section 
1391 of title 28, United States Code. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to a civil 
action brought by an attorney general under 
paragraph (1), any other officer of a State who 
is authorized by the State to do so may bring 
a civil action under paragraph (1), subject to 
the same requirements and limitations that 
apply under this subsection to civil actions 
brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
SEC. 5. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance, is held to be un-
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constitutional, the remainder of this Act, and its applica-
tion to any person or circumstance shall not be affected 
thereby. 
Æ 
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