An Act To Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion Therapy
Maine Legislature, Session 128, LD 0912
Committee Amendment CA_A_H745 (House)
Amends: 20-A MRSA §13020, 22 MRSA §3174-A, 24 MRSA §2502, 32 MRSA §2105-A, 32 MRSA §2112, 32 MRSA §2591-A, 32 MRSA §2600-D, 32 MRSA §3282-A, 32 MRSA §3300-G, 32 MRSA §3837-A, 32 MRSA §3837-B, 32 MRSA §6217-B, 32 MRSA §6223, 32 MRSA §7006, 32 MRSA §7059-A, 32 MRSA §13742-A, 32 MRSA §13798-A, 32 MRSA §13861-A, 32 MRSA §13866, 32 MRSA §17307, 32 MRSA §17311

COMMITTEE AMENDMENT ,fi " to H.P. 640, L.D. 912, Bill, "An Act To 
Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion 
Therapy" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
1Sec. 1. 10 MRSA c. 231 is enacted to read: 
CHAPTER231 
PROVIDING CONVERSION THERAPY TO MINORS 
§1500-J, Prohibition; unlawful trade practice 
1. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
11Conversion therapy
means any practice or treatment that seeks to change an 
individual1s sexual orientation or gender identity, including, but not limited to, any 
effort to change gender expression or to eliminate or reduce sexual or romantic 
attractions or feelings toward individuals of the same gender. 
11Conversion therapy
does not include the following: 
(1) Counseling or treatment intended to assist an individual undergoing a gender 
transition; 
(2) Counseling intended to provide acceptance, support and understanding to the 
individual; and 
(3) Counseling intended to facilitate the individual1s coping, social support or 
identity exploration and development, including any therapeutic intervention 
such as talk therapy that is neutral with regard to sexual orientation and that seeks 
to prevent or address unlawful conduct or unsafe sexual practices, as long as the 
COMMITTEE AMENDMENT 
i. ~~· 
COMMITTEE AMENDMENT,,., to H.P. 640, L.D. 912 
counseling does not seek to change the individual's sexual orientation or gender 
identity. 
B. 
"Sexual orientation or gender identity" has the same meaning as 
11sexual 
orientation
in Title 5, section 4553, subsection 9-C. 
2. Prohibitions. A person may not advertise, offer or administer conversion therapy 
to individuals under 18 years of age. 
3. Exception for clergy. This section does not apply to the activities and services of 
any priest, rabbi, member of the clergy, including a Christian Science healer, or minister 
of the gospel of any religious denomination when performing counseling services as part 
of religious duties and in connection with a specific synagogue or church of any religious 
denomination, as long as that priest, rabbi, member of the clergy or minister does not 
advertise, offer or administer conversion therapy to or for individuals under 18 years of 
age in exchange for monetary compensation. 
4. Unfair trade practice, A violation of this section is an unfair trade practice in 
violation of Title 5, chapter 10. 
Sec. 2. 20-A MRSA §13020, sub-§2-A is enacted to read: 
2-A. Grounds for revocation or suspension of a school psychologist or guidance 
counselor certificate. Evidence that a person has administered conversion therapy as 
defined in Title 10, section 1500-J to a child is grounds for revocation or suspension of 
that person's certificate issued under this Title as a school psychologist or guidance 
counselor. 
Sec. 3. 20-A MRSA §13020, sub-§3, as enacted by PL 1983, c. 845, §4, is 
amended to read: 
3. Denial of certificate for prior immoral conduct. Evidence that an applicant for 
initial certification or renewal has injured the health or welfare of a child through physical 
or sexual abuse or exploitation is grounds for a denial of a certificate. Evidence that an 
applicant for initial certification or renewal as a school psychologist or guidance 
counselor has administered conversion therapy as defined in Title 10, section 1500-J to a 
child is grounds for a denial of a ce1tificate. Notwithstanding Title 5, chapter 341, every 
person, who, within 5 years of the application for initial certification or renewal, has been 
convicted in any state or federal court of a criminal offense involving the physical or 
sexual abuse or exploitation of a child, may be presumed by the commissioner to lack 
good moral character for the purposes of this chapter. This presumption shall be !§. a 
rebuttable presumption. Notwithstanding Title 5, chapter 341, the commissioner shall bs 
!§. entitled to consider all records of prior criminal convictions involving child abuse or 
exploitation in determining an applicant's eligibility for a certificate. 
Sec. 4. 22 MRSA §3174-AAA is enacted to read: 
§3174-AAA. Coverage for conversion therapy 
The department may not provide MaineCare reimbursement for conversion therapy 
as defined in Title 10, section 1500-J administered to a minor. 
COMMITTEE AMENDMENT 
i.~<i:i· 
COMMI'ITEE AMENDMENT '~o H.P. 640, L.D. 912 
Sec. 5. 24 MRSA §2502, sub-§6, as enacted by PL 1985, c. 804, §§5 and 22, is 
amended to read: 
6. Action for professional negligence. "Action for professional negligence
means 
any action for damages for injury or death against any health care provider, its agents or 
employees, or health care practitioner, his the practitioner1s agents or employees, whether 
based upon tort or breach of contract or otherwise, arising out of the provision or failure 
to provide health care services, except that 
11action for professional negligence
does not 
include an action brought pursuant to the Maine Unfair Trade Practices Act alleging a 
violation of Title 10, section 1500-J. 
Sec. 6. 32 MRSA §2105-A, sub-§2, ~' as amended by PL 2015, c. 488, §11, is 
further amended to read: 
I. Engaging in false, misleading or deceptive advertising; el' 
Sec. 7. 32 MRSA §2105-A, sub-§2, 1J, as enacted by PL 2015, c. 488, §12, is 
amended to read: 
J. Failure to comply with the requirements of Title 22, section 7253.;_m: 
Sec. 8. 32 MRSA §2105-A, sub-§2, ~ 
is enacted to read: 
K. A violation of section 2112. 
Sec. 9. 32 MRSA §2112 is enacted to read: 
§2112. Prohibition on providing conversion therapy to minors 
An individual licensed or certified under this chapter may not administer conversion 
therapy as defined in Title 10, section 1500-J to a minor. 
Sec. 10. 32 MRSA §2591-A, sub-§2, ~' as amended by PL 2015, c. 488, §15, 
is further amended to read: 
N. Revocation, suspension or restriction of a license to practice medicine or other 
disciplinary action; denial of an application for a license; or surrender of a license to 
practice medicine following the institution of disciplinary action by another state or a 
territory of the United States or a foreign country if the conduct resulting in the 
disciplinary or other action involving the license would, if committed in this State, 
constitute grounds for discipline under the laws or rules of this State; el' 
Sec. 11. 32 MRSA §2591-A, sub-§2, 10, as enacted by PL 2015, c. 488, §16, is 
amended to read: 
0. Failure to comply with the requirements of Title 22, section 7253-;-,;____Q! 
Sec. 12. 32 MRSA §2591-A, sub-§2, Wis enacted to read: 
P. A violation of section 2600-D. 
Sec. 13. 32 MRSA §2600-D is enacted to read: 
COMMITTEE AMENDMENT 
~· di~' 
COMMITTEE AMENDMENT ·ff 
Io H.P. 640, L.D. 912 
§2600-D. Prohibition on providing conversion therapy to minors 
An individual licensed under this chapter may not administer conversion therapy as 
defined in Title 10, section 1500-J to a minor. 
Sec. 14. 32 MRSA §3282-A, sub-§2, ,JR, as amended by PL 2015, c. 488, §18, 
is further amended to read: 
R. Failure to timely respond to a complaint notification sent by the board; er 
Sec. 15. 32 MRSA §3282-A, sub-§2, 1S, as enacted by PL 2015, c. 488, §19, is 
amended to read: 
S. Failure to comply with the requirements of Title 22, section 7253.-.;_Q! 
Sec. 16. 32 MRSA §3282-A, sub-§2, 1T is enacted to read: 
T. A violation of section 3300-G. 
Sec. 17. 32 MRSA §3300-G is enacted to read: 
§3300-G. Prohibition on providing conversion therapy to minors 
An individual licensed, registered or certified under this chapter may not administer 
conversion therapy as defined in Title 10, section 1500-J to a minor. 
Sec. 18. 32 MRSA §3837-A, sub-§1, 1~ and F, as enacted by PL 2007, c. 
402, Pt. Q, §14, are amended to read: 
E. Practice by a licensed psychological examiner at a level requiring a psychologist's 
Hcense or any representation by a psychological examiner that that psychological 
examiner is a psychologist; er 
F. Negligence in the performance of the licensee's duties.,;__Q! 
Sec. 19. 32 MRSA §3837-A, sub-§1, 1G is enacted to read: 
G. A violation of section 3 83 7-B. 
Sec. 20. 32 MRSA §3837-B is enacted to read: 
§3837-B. Prohibition on providing conversion therapy to minors 
An individual licensed under this chapter may not administer conversion therapy as 
defined in Title 10, section 1500-Jto a minor. 
Sec. 21. 32 MRSA §6217-B, sub-§1, as amended by PL 2007, c. 621, §9, is 
ftui:her amended to read: 
1. Active abuse. Active abuse of alcohol or any other drug that in the judgment of 
the board is detrimental to the performance or competency of a licensee of the board; er 
Sec. 22. 32 MRSA §6217-B, sub-§2, as enacted by PL 2007, c. 402, Pt. U, §12, 
is amended to read: 
2. Mental incompetency. A legal finding of mental incompetency.,;__Q! 
Sec. 23. 32 MRSA §6217-B, sub-§3 is enacted to read: 
COMMITTEE AMENDMENT 
x\, ()\ «;;,. 
COMMITTEE AMENDMENT ·I· to H.P. 640, L.D. 912 
3. Prohibited conduct. A violation of section 6223. 
Sec. 24. 32 MRSA §6223 is enacted to read: 
§6223. Prohibition on providing conversion therapy to minors 
An individual licensed or certified under this chapter may not administer conversion 
therapy as defined in Title 10, section 15 00-J to a minor. 
Sec. 25. 32 MRSA §7006 is enacted to read: 
§7006. Prohibition on providing conversion therapy to minors 
An individual licensed under this chapter may not administer conversion therapy as 
defined in Title 10, section 1500-J to a minor. 
Sec. 26. 32 MRSA §7059-A, sub-§§1 and 2, as enacted by PL 2007, c. 402, Pt. 
V, §14, are amended to read: 
1. Addiction to the use of alcohol or other drugs. Addiction, as confirmed by 
medical findings, to the use of alcohol or other drugs, that has resulted in the licensed 
clinical, licensed master or licensed social worker or certified social worker - independent 
practice being unable to perform duties or perform those duties in a manner that would 
not endanger the health or safety of the clients to be served; e1' 
2. Mental incompetency. A medical finding of mental incompetency.,;_g_r 
Sec. 27. 32 MRSA §7059-A, sub-§3 is enacted to read: 
3. Prohibited conduct. A violation of section 7006. 
Sec. 28. 32 MRSA §13742-A, sub-§1, ,r,rc and D, as enacted by PL 2007, c. 
402, Pt. DD, §19, are amended to read: 
C. Engaging in unprofessional conduct by violating any standard of professional 
behavior, including but not limited to a breach of confidentiality of health care 
information pursuant to state law, that has been established in the practice for which 
the licensee is licensed; e1' 
D. Engaging in false, misleading or deceptive advertising • .i....Q!'. 
Sec. 29. 32 MRSA §13742-A, sub-§1, 1E is enacted to read: 
E. A violation of section 13798-A. 
Sec. 30. 32 MRSA §13798-A is enacted to read: 
§13798-A. Prohibition on providing conversion therapy to minors 
An individual licensed under this chapter may not administer conversion therapy as 
defined in Title 10, section 1500-J to a minor. 
Sec. 31. 32 MRSA §13861-A, sub-§1, ,r,s and C, as enacted by PL 2007, c. 
402, Pt. EE, §9, are amended to read: 
B. A medical finding of mental incompetency; arul 
COMMITTEE AMENDMENT 
i. ~ tt,. 
COMMITTEE AMENDMENT.;/» to H.P. 640, L.D. 912 
C. 
Having had any professional or occupational license revoked for disciplinary 
reasons or any application rejected for reasons relating to untrustworthiness, within 3 
years of the date of application .. ; and 
Sec. 32. 32 MRSA §13861-A, sub-§1, ~ 
is enacted to read: 
D. A violation of section 13866. 
Sec. 33. 32 MRSA §13866 is enacted to read: 
§13866. Prohibition on providing conversion therapy to minors 
An individual licensed or registered under this chapter may not administer conversion 
therapy as defined in Title 10, section 1500-J to a minor. 
Sec. 34. 32 MRSA §17307, sub-§§1 and 2, as enacted by PL 2007, c. 369, Pt. 
C, §3 and affected by §5, are amended to read: 
1. Unfair and deceptive practices. Engaging in unfair or deceptive practices as 
defined by the rules established by the board or violating the code of ethics adopted and 
published by the board, including selling or causing to be sold a hearing aid to a person 
who has not been given tests such as pure tone, air and bone audiometry or other hearing 
assessments as determined by the board. The results of these tests must be permanently 
filed;ef 
2. Negligence. Incompetence, negligence or neglect in the conduct of the practice of 
dealing in and fitting of hearing aids, including, but not limited to, the improper fitting of 
a hearing aid, the sale of a hearing aid to a person with normal hearing, making an ear 
mold impression or fitting an ear mold without prior inspection of the external ear canal, 
making an ear mold impression or fitting an ear mold after prior inspection revealed the 
presence of, or impacted, cerumen in the ear canal, the failure to indicate the need for 
medical or audiological evaluation when the prospective purchaser's history reveals a 
probable risk of disease or progressive hearing impairment, the failure to make the 
required medical referrals, the incorrect reporting of hearing test results to a person, the 
failure to be present to fit the final hearing aid in the ear of the purchaser and the 
tampering with a satisfactorily performing hearing aid owned by a purchaser or potential 
purchaser to cause that hearing aid to no longer perform correctly.-_;_m: 
Sec. 35. 32 MRSA §17307, sub-§3 is enacted to read: 
3. Prohibited conduct. A violation of section 17311. 
Sec. 36. 32 MRSA §17311 is enacted to read: 
§17311. Prohibition on providing conversion therapy to minors 
An individual licensed or registered under this chapter may not administer conversion 
therapy as defmed in Title 10, section 1500-Jto a minor. 
Sec. 37. Legislative findings; legislative intent. 
1. Legislative findings. The Legislature fmds that: 
A. Conversion therapy is a service that purports to change a person's sexual 
orientation or gender identity based on the false premise that being lesbian, gay, 
COMMITTEE AMENDMENT 
i. ti£,. 
COMMITTEE AMENDMENT·..//» to H.P. 640, L.D. 912 
bisexual or transgender is a mental illness or disorder caused by a developmental 
deficiency or trauma or by unmet emotional needs, which can be cured by conversion 
therapy addressing those underlying issues. However, the nation's leading health and 
mental health authorities recognize being lesbian, gay, bisexual or transgender and 
having same-sex attractions as normal variants of human sexuality and gender; 
B. There is no competent and reliable scientific evidence supporting claims that 
conversion therapy can change an individual's sexual orientation; rather, there is 
substantial competent and reliable scientific evidence that conversion therapy is 
ineffective and can and often does result in significant health and safety risks to 
consumers of those services, including a risk of death by suicide, as well as economic 
losses; 
C. Mainstream medical and mental health professional organizations, including the 
American School Counselor Association, the American Psychiatric Association, the 
American Psychological Association, the American Psychoanalytic Association, the 
American Counseling Association Governing Council, the American Medical 
Association, the American Academy of Pediatrics, the American Academy of Family 
Physicians, the National Association of Social Workers and the Pan American Health 
Organization have concluded that conversion therapy is both ineffective in changing 
sexual orientation or gender identity and poses safety and health risks; 
D. The United Nations Committee against Torture and Human Rights Council have 
likewise supported an end to conversion therapy; and 
E. The State has a compelling interest in protecting the physical and psychological 
well-being of minors, including the State's lesbian, gay, bisexual and transgender 
youth, from the marketing, selling and administration of conversion therapy and in 
protecting its minors from the serious health and safety harms that conversion therapy 
can cause, including the risk of death by suicide, and economic loss. 
2. Legislative intent. It is the intent of the Legislature to protect the public health 
and safety of the lesbian, gay, bisexual and trans gender youth of the State by prohibiting 
the marketing, selling and administration of therapy designed to change a person's sexual 
orientation or gender identity, also known as conversion therapy, to individuals under 18 
years of age in the State.' 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill, which 
is a concept draft. This amendment does the following. 
1. It defines "conversion therapy" as any practice or treatment that seeks to change an 
individual's sexual orientation or gender identity, except for counseling or treatment 
intended to assist an individual undergoing a gender transition; counseling intended to 
provide acceptance, support and understanding to the individual; and counseling intended 
to facilitate the individual's coping, social support or identity exploration and 
development, including any therapeutic intervention that is neutral with regard to sexual 
orientation, and that seeks to prevent or address unlawful conduct or unsafe sexual 
practices, as long as the counseling does not seek to change the individual's sexual 
orientation or gender identity. 
COMMITTEE AMENDMENT 
1\.~~· 
COMMITTEE AMENDMENT Ir" to H.P. 640, L.D. 912 
2. 
It provides that advertising, offering or administering conversion therapy to 
individuals under 18 years of age in the State is an unfair trade practice. Court actions 
involving conversion therapy brought against health care providers under the Maine 
Unfair Trade Practices Act are not governed by the specialized procedures set forth in the 
Maine Health Security Act for actions involving professional negligence. 
3. 
It prohibits certified school psychologists and guidance counselors, nurses, 
doctors, physician assistants, psychologists, psychological examiners, alcohol and drug 
counselors and aides, social workers, pharmacists and pharmacy technicians, professional 
counselors, marriage and family therapists, pastoral counselors, speech-language 
pathologists and assistants, and audiologists from administering conversion therapy to 
individuals under 18 years of age. Administration of conversion therapy to an individual 
under 18 years of age in violation of this prohibition is grounds for discipline of the 
professional by the department or board that issued the professional's license or 
certification, including but not limited to suspension or revocation of the license or 
certification. 
4. It prohibits MaineCare reimbursement for conversion therapy administered to an 
individual who is under 18 years of age. 
5. It adds a statement oflegislative findings and intent. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/18 /.dac:. 
LD912 
LR 68(02) 
An Act To Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion 
Therapy 
Fiscal Note for Bill as Amended by Committee Amendment /fn(J/-1tfs) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the regulatory boards either within or affiliated with the Department of Professional and Financial 
Regulation that are impacted by this legislation can be absorbed within existing budgeted resources. 
LR0068(02) - Fiscal Note - Page 1 of 1