An Act To Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals
Maine Legislature, Session 129, LD 1025
Committee: Health Coverage, Insurance and Financial Services
Sponsors: FECTEAU, RECKITT, SANBORN, ALLEY, AUSTIN, BABBIDGE, BABINE, BAILEY, BEEBE-CENTER, BERRY, BLUME, BRENNAN, BROOKS, BRYANT, CAIAZZO, CARDONE, CARNEY, CLOUTIER, COLLINGS, COOPER, CRAVEN, CROCKETT, CUDDY, DAUGHTRY, DENK, DENNO, DODGE, DOORE, DOUDERA, DUNPHY, EVANGELOS, FARNSWORTH, FOLEY, GATTINE, GIDEON, GRAMLICH, GROHOSKI, HARNETT, HEPLER, HICKMAN, HOBBS, HUBBELL, HYMANSON, INGWERSEN, JORGENSEN, KESSLER, KORNFIELD, MADIGAN, MASTRACCIO, MATLACK, MAXMIN, MELARAGNO, MEYER, MOONEN, MORALES, NADEAU, O'NEIL, PEBWORTH, PEOPLES, PERRY, PIERCE, ROBERTS-LOVELL, RYKERSON, SCHNECK, SHARPE, STOVER, STROM, SYLVESTER, TALBOT ROSS, TEPLER, TERRY, TIPPING, TUCKER, WARREN, ZEIGLER, BELLOWS, BREEN, CHENETTE, CHIPMAN, CLAXTON, DESCHAMBAULT, DILL, GRATWICK, LAWRENCE, LIBBY, LUCHINI, MILLETT, MIRAMANT, MOORE, ROSEN
Amends: 20-A MRSA §13020, 22 MRSA §3174-B, 32 MRSA §59-C, 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 §13800-B, 32 MRSA §13861-A, 32 MRSA §13866, 32 MRSA §17307, 32 MRSA §17311

Legislative Document
No. 1025
H.P. 755
House of Representatives, February 28, 2019
An Act To Prohibit the Provision of Conversion Therapy to Minors 
by Certain Licensed Professionals
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Biddeford.
Cosponsored by Representative RECKITT of South Portland, Senator SANBORN, L. of Cumberland and
Representatives: ALLEY of Beals, AUSTIN of Skowhegan, BABBIDGE of Kennebunk, BABINE of Scarborough, BAILEY 
of Saco, BEEBE-CENTER of Rockland, BERRY of Bowdoinham, BLUME of York, BRENNAN of Portland, BROOKS of 
Lewiston, BRYANT of Windham, CAIAZZO of Scarborough, CARDONE of Bangor, CARNEY of Cape Elizabeth, 
CLOUTIER of Lewiston, COLLINGS of Portland, COOPER of Yarmouth, CRAVEN of Lewiston, CROCKETT of Portland, 
CUDDY of Winterport, DAUGHTRY of Brunswick, DENK of Kennebunk, DENNO of Cumberland, DODGE of Belfast, 
DOORE of Augusta, DOUDERA of Camden, DUNPHY of Old Town, EVANGELOS of Friendship, FARNSWORTH of 
Portland, FOLEY of Biddeford, GATTINE of Westbrook, Speaker GIDEON of Freeport, GRAMLICH of Old Orchard Beach, 
GROHOSKI of Ellsworth, HARNETT of Gardiner, HEPLER of Woolwich, HICKMAN of Winthrop, HOBBS of Wells, 
HUBBELL of Bar Harbor, HYMANSON of York, INGWERSEN of Arundel, JORGENSEN of Portland, KESSLER of South 
Portland, KORNFIELD of Bangor, MADIGAN of Waterville, MASTRACCIO of Sanford, MATLACK of St. George, 
MAXMIN of Nobleboro, McCREIGHT of Harpswell, McDONALD of Stonington, McLEAN of Gorham, MELARAGNO of 
Auburn, MEYER of Eliot, MOONEN of Portland, MORALES of South Portland, NADEAU of Winslow, O'NEIL of Saco, 
PEBWORTH of Blue Hill, PEOPLES of Westbrook, PERRY of Calais, PIERCE of Falmouth, ROBERTS-LOVELL of South 
Berwick, RYKERSON of Kittery, SCHNECK of Bangor, SHARPE of Durham, STOVER of Boothbay, STROM of Pittsfield, 
SYLVESTER of Portland, TALBOT ROSS of Portland, TEPLER of Topsham, TERRY of Gorham, TIPPING of Orono, 
TUCKER of Brunswick, WARREN of Hallowell, ZEIGLER of Montville, Senators: BELLOWS of Kennebec, BREEN of 
Cumberland, CHENETTE of York, CHIPMAN of Cumberland, CLAXTON of Androscoggin, DESCHAMBAULT of York, 
DILL of Penobscot, GRATWICK of Penobscot, LAWRENCE of York, LIBBY of Androscoggin, LUCHINI of Hancock, 
MILLETT of Cumberland, MIRAMANT of Knox, MOORE of Washington, ROSEN of Hancock, SANBORN, H. of 
Cumberland, VITELLI of Sagadahoc, WOODSOME of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13020, sub-§2-A is enacted to read:
2-A.  Grounds for discipline of a school psychologist or guidance counselor.  
Evidence that a person who is certified under this Title as a school psychologist or 
guidance counselor has advertised, offered or administered conversion therapy as defined 
in Title 32, section 59-C, subsection 1 to a child within the last 5 years is grounds for 
discipline of that person.
Sec. 2.  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 or prohibited 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 within the last 5 years 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 advertised, offered or administered 
conversion therapy as defined in Title 32, section 59-C, subsection 1 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 is a rebuttable 
presumption. Notwithstanding Title 5, chapter 341, the commissioner shall be is entitled 
to consider all records of prior criminal convictions involving child abuse or exploitation 
in determining an applicant's eligibility for a certificate.
Sec. 3.  22 MRSA §3174-BBB is enacted to read:
§3174-BBB.  Coverage for conversion therapy
The department may not provide MaineCare reimbursement for conversion therapy 
as defined in Title 32, section 59-C, subsection 1 administered to a minor.
Sec. 4.  32 MRSA §59-C is enacted to read:
§59-C.  Definitions
As used in this Title, unless the context otherwise indicates, the following terms have 
the following meanings.
1.  Conversion therapy.  "Conversion therapy" means any practice or treatment that 
seeks or purports 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, feelings or behavior toward individuals of the same 
gender.  "Conversion therapy" does not include the following:
A.  Any practice or treatment that assists an individual undergoing a gender 
transition;
B.  Any practice or treatment that provides acceptance, support and understanding to 
an individual; and
C.  Any practice or treatment that facilitates an individual's coping, social support or 
identity exploration and development, including any therapeutic treatment such as 
talk therapy that is neutral with regard to sexual orientation and gender identity 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.
2.  Sexual orientation or gender identity.  "Sexual orientation or gender identity" 
has the same meaning as "sexual orientation" in Title 5, section 4553, subsection 9-C.
Sec. 5.  32 MRSA §2105-A, sub-§2, ¶I, as amended by PL 2015, c. 488, §11, is 
further amended to read:
I.  Engaging in false, misleading or deceptive advertising; or
Sec. 6.  32 MRSA §2105-A, sub-§2, ¶J, as enacted by PL 2015, c. 488, §12, is 
amended to read:
J.  Failure to comply with the requirements of Title 22, section 7253.; or
Sec. 7.  32 MRSA §2105-A, sub-§2, ¶K 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 advertise, offer or 
administer conversion therapy to a minor.
Sec. 9.  32 MRSA §2591-A, sub-§2, ¶N, 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; or
Sec. 10.  32 MRSA §2591-A, sub-§2, ¶O, as enacted by PL 2015, c. 488, §16, is 
amended to read:
O.  Failure to comply with the requirements of Title 22, section 7253.; or
Sec. 11.  32 MRSA §2591-A, sub-§2, ¶P 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 advertise, offer or administer 
conversion therapy to a minor.
Sec. 13.  32 MRSA §3282-A, sub-§2, ¶R, 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; or
Sec. 14.  32 MRSA §3282-A, sub-§2, ¶S, as enacted by PL 2015, c. 488, §19, is 
amended to read:
S.  Failure to comply with the requirements of Title 22, section 7253.; or
Sec. 15.  32 MRSA §3282-A, sub-§2, ¶T 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 advertise, 
offer or administer conversion therapy to a minor.
Sec. 17.  32 MRSA §3837-A, sub-§1, ¶¶E 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; or
F.  Negligence in the performance of the licensee's duties.; or
Sec. 18.  32 MRSA §3837-A, sub-§1, ¶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 advertise, offer or administer 
conversion therapy to a minor.
Sec. 20.  32 MRSA §6217-B, sub-§1, as amended by PL 2017, c. 407, Pt. A, 
§138, is further amended to read:
1.  Active use.  Active use 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; or
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.; or
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:
§6223.  Prohibition on providing conversion therapy to minors
An individual licensed, certified or registered under this chapter may not advertise, 
offer or administer conversion therapy 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 advertise, offer or administer 
conversion therapy 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; or
2.  Mental incompetency.  A medical finding of mental incompetency.; or
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, ¶D, as amended by PL 2017, c. 434, §2, 
is further amended to read:
D.  Engaging in false, misleading or deceptive advertising; or
Sec. 28.  32 MRSA §13742-A, sub-§1, ¶E, as enacted by PL 2017, c. 434, §3, is 
amended to read:
E.  Failing to comply with section 13800.; or
Sec. 29.  32 MRSA §13742-A, sub-§1, ¶F is enacted to read:
F.  A violation of section 13800-B.
Sec. 30.  32 MRSA §13800-B is enacted to read:
§13800-B.  Prohibition on providing conversion therapy to minors
An individual licensed under this chapter may not advertise, offer or administer 
conversion therapy to a minor.
Sec. 31.  32 MRSA §13861-A, sub-§1, ¶¶B 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
Sec. 32.  32 MRSA §13861-A, sub-§1, ¶D 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 under this chapter may not advertise, offer or administer 
conversion therapy 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; or
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.; or
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 under this chapter may not advertise, offer or administer 
conversion therapy to a minor.
Sec. 37.  Legislative findings; legislative intent.
1.  Legislative findings. The Legislature finds that:
A. Conversion therapy is a practice or treatment, including but not limited to talk 
therapy, that seeks or purports to change a person's sexual orientation or gender 
identity.  It is referred to by several names, including sexual orientation change 
efforts, reparative therapy and reintegrative therapy;
B. A wide range of the major health and mental health associations in the United 
States recognize being lesbian, gay, bisexual or transgender and having same-sex 
sexual attractions as normal variants of human sexuality and gender identity, rather 
than an illness or developmental disorder;
C. The medical and social science consensus is that conversion therapy is a harmful 
and ineffective practice or treatment.  Conversion therapy is based on the false 
premise that being lesbian, gay, bisexual or transgender is a mental illness or disorder 
and is caused by a developmental deficiency, trauma, abuse or unmet emotional 
needs and that conversion therapy can alter a person's sexual orientation or gender 
identity;
D. 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 depression, guilt, helplessness, hopelessness, 
shame, social withdrawal, suicidality and substance abuse, as well as economic 
losses;
E. The nation's leading 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; and
F. 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 and those youth seeking to examine or understand their sexual orientation or 
gender identity, from the advertising, offering and administering of conversion 
therapy and in protecting its minors from the serious health and safety harms that 
conversion therapy can cause.
2.  Legislative intent.  It is the intent of the Legislature to protect the public health 
and the safety of the lesbian, gay, bisexual and transgender youth of the State, and those 
youth of the State who are seeking to examine or understand their sexual orientation or 
gender identity, by prohibiting the advertising, offering and administering 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 bill does the following.
1. It defines "conversion therapy" as any practice or course of treatment that seeks or 
purports to change an individual's sexual orientation or gender identity, except for any 
practice or treatment that assists an individual undergoing a gender transition; any 
practice or treatment that provides acceptance, support and understanding to an 
individual; and any practice or treatment that facilitates an individual's coping, social 
support or identity exploration and development, including any therapeutic intervention 
that is neutral with regard to sexual orientation or gender identity, 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.
2.  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 advertising, offering or administering 
conversion therapy to individuals under 18 years of age.  Advertising, offering or 
administering 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, certification or registration, including but not 
limited to suspension or revocation of the license, certification or registration.
3.  It prohibits MaineCare reimbursement for conversion therapy administered to an 
individual who is under 18 years of age.
4.  It includes a statement of legislative findings and intent.