An Act To Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion Therapy
Maine Legislature, Session 128, LD 0912
Committee Amendment CA_B_H746 (House)
Amends: 20-A MRSA §13020, 22 MRSA §3174-A, 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 .. 13" 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: 
'Sec. 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 tenns have the following meanings. 
A. "Conversion therapy" means any practice or treatment that seeks to change an 
individual's 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. "Conversion 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: 
(3) Counseling intended to facilitate the individual's 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 
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COMMITTEE AMENDMENTJ" to H.P. 640, L.D. 912 
counseling does not seek to change the individual1s sexual orientation or gender 
identity; and 
(4) Talk therapy that is intended to assist an individual who has expressed the 
individuaPs own goal of changing the individual1s sexual orientation, gender 
identity or gender expression or to eliminate or reduce sexual or romantic 
attractions or feelings toward individuals of the same gender. 
B. 
11Sexual 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. Exceptions. This section does not apply to: 
A. 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; and 
B. The activities of a school psychologist or guidance counselor certified pursuant to 
Title 20-A, chapter 502 or an individual licensed, certified or registered under Title 
32, chapter 31, 36, 48, 56, 81, 83, 117, 119 or 137. 
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 person1s 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 certificate. 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 be 
.!§. entitled to consider all records of prior criminal convictions involving child abuse or 
exploitation in determining an applicant
1s eligibility for a certificate. 
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COMMITTEE AMENDMENT:[) .. to H.P. 640, L.D. 912 
Sec. 4. 22 MRSA §3174-AAA is enacted to read: 
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The department may not provide MaineCare reimbursement for conversion therapy 
as defined in Title 10, section 15 00-J administered to a minor. 
Sec. 5. 32 MRSA §2105-A, sub-§2, 11, as amended by PL 2015, c. 488, §11, is 
further amended to read: 
I. Engaging in false, misleading or deceptive advertising; 0f 
Sec. 6. 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. 7. 32 MRSA §2105-A, sub-§2, 1{( is enacted to read: 
K. A violation of section 2112. 
Sec. 8. 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. 9. 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; 0f 
Sec. 10. 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.;_m: 
Sec. 11. 32 MRSA §2591-A, sub-§2, 1P is enacted to read: 
P. A violation of section 2600-D. 
Sec. 12. 32 MRSA §2600-D is enacted to read: 
§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. 13. 32 MRSA §3282-A, sub-§2, ~' as amended by PL 2015, c. 488, §18, 
is further amended to read: 
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COMMITTEE AMENDMENT ':.8" to H.P. 640, L.D. 912 
R. Failure to timely respond to a complaint notification sent by the board; eF 
Sec. 14. 32 MRSA §3282-A, sub-§2, ,rs, 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. 15. 32 MRSA §3282-A, sub-§2, ,fT is enacted to read: 
T. A violation of section 3300-G. 
Sec. 16. 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. 17. 32 MRSA §3837-A, sub-§1, 11E 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 
license or any representation by a psychological examiner that that psychological 
examiner is a psychologist; eF 
F. Negligence in the performance of the licensee's duties._;__Q! 
Sec. 18. 32 MRSA §3837-A, sub-§1, ,f G is enacted to read: 
G. A violation of section 3837-B. 
Sec. 19. 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 15 00-Jto a minor. 
Sec. 20. 32 MRSA §6217-B, sub-§1, as amended by PL 2007, c. 621, §9, is 
further 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. 21. 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. 22. 32 MRSA §6217-B, sub-§3 is enacted to read: 
3. Prohibited conduct. A violation of section 6223. 
Sec. 23. 32 MRSA §6223 is enacted to read: 
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COMMITTEE AMENDMENT ::f;,, to H.P. 640, L.D. 912 
§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 1500-J to a minor. 
Sec. 24. 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, 25. 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; er 
2. Mental incompetency. A medical fmding of mental incompetency • .i.....Q! 
Sec. 26. 32 MRSA §7059-A, sub-§3 is enacted to read: 
3. Prohibited conduct. A violation of section 7006. 
Sec. 27. 32 MRSA §13742-A, sub-§1, 11C 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; er 
D. Engaging in false, misleading or deceptive advertising • .i.....Q! 
Sec. 28. 32 MRSA §13742-A, sub-§1, ~ 
is enacted to read: 
E. A violation of section 13798-A. 
Sec. 29. 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. 30. 32 MRSA §13861-A, sub-§1, 1~ and C, as enacted by PL 2007, c. 
402, Pt. EE, §9, are amended to read: 
B. A medical finding of mental incompetency; and 
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 
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COMMITTEE AMENDMENTh" to H.P. 640, L.D. 912 
Sec. 31. 32 MRSA §13861-A, sub-§1, ,U is enacted to read: 
D. A violation of section 13866. 
Sec. 32. 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. 33. 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; er 
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. 34. 32 MRSA §17307, sub-:-§3 is enacted to read: 
.. Prohibited conduct. A violation of section 17311. 
Sec. 35. 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 defined in Title 10, section 1500-J to a minor.' 
SUMMARY 
This amendment is a minority 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, gender identity or gender expression or to reduce or 
eliminate sexual or romantic attractions or feelings toward individuals of the same gender 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ';f;
to H.P. 640, L.D. 912 
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; 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 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; and talk therapy that is intended to 
assist an individual who has expressed the individual's own goal of changing the 
individual's sexual orientation, gender identity or gender expression or to eliminate or 
reduce sexual or romantic attractions or feelings toward individuals of the same gender. 
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 unless the action 
is performed by a member of clergy who is performing counseling services as part of 
religious duties and in connection with a specific synagogue or church of any religious 
denomination or when the action is performed by a licensed or certified professional who 
is subject to professional discipline for engaging in conversion therapy. 
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. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/18 fe'ac 
LD912 
LR 68(04) 
An Act To Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion 
Therapy 
Fiscal Note for Bill as Amended by Committee Amendment r/J{J-/ .. 1t/t) 
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(04) - Fiscal Note - Page 1 of 1