An Act To Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion Therapy
Maine Legislature, Session 129, LD 1296
Committee: Health Coverage, Insurance and Financial Services
Sponsors: AUSTIN, DOW, ARATA, BRADSTREET, HANLEY, HUTCHINS, MORRIS, STEWART, GUERIN
Amends: 20-A MRSA §13020, 22 MRSA §3174-B, 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 §13800-B, 32 MRSA §13861-A, 32 MRSA §13866, 32 MRSA §17307, 32 MRSA §17311

Legislative Document
No. 1296
H.P. 939
House of Representatives, March 19, 2019
An Act To Clarify the Scope of Practice of Certain Licensed 
Professionals Regarding Conversion Therapy
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative AUSTIN of Gray.
Cosponsored by Senator DOW of Lincoln and
Representatives: ARATA of New Gloucester, BRADSTREET of Vassalboro, DeVEAU of 
Caribou, HANLEY of Pittston, HUTCHINS of Penobscot, MORRIS of Turner, STEWART of 
Presque Isle, Senator: GUERIN of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 233 is enacted to read:
CHAPTER 233
PROVIDING CONVERSION THERAPY TO MINORS
§1500-O.  Prohibition; unlawful trade practice
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Aversive practice or treatment" means any practice or treatment that is intended 
to induce changes in behavior through unpleasant stimuli or punishment, including 
but not limited to the use of seclusion and isolation, ice baths or physical restraint.  
"Aversive practice or treatment" also includes the use of pornographic and other 
obscene materials that are produced for purposes other than providing education on 
human reproduction and sexuality as well as the use of electroconvulsive therapy for 
purposes that are not recognized as ethical and appropriate by the American 
Psychological Association or the American Psychiatric Association or successor 
organizations.
B.  "Conversion therapy" means any aversive practice or treatment that seeks to 
change an individual's sexual orientation or gender identity, including any aversive 
practice or treatment that seeks 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)  Talk therapy;
(2)  Counseling or treatment intended to assist an individual undergoing a gender 
transition;
(3)  Counseling intended to provide acceptance, support and understanding to the 
individual; or
(4)  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.
C.  "Sexual orientation or gender identity" has the same meaning as "sexual 
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.  Unfair trade practice.  A violation of this chapter is a violation of the Maine 
Unfair Trade Practices Act.
Sec. 2.  20-A MRSA §13020, sub-§2-A is enacted to read:
2-A.  Grounds for revocation or suspension of school psychologist or guidance 
counselor certificate.  Evidence that a person has administered conversion therapy as 
defined in Title 10, section 1500-O, subsection 1, paragraph B 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-O, 
subsection 1, paragraph B 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. 4.  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 10, section 1500-O, subsection 1, paragraph B administered to a minor.
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 practitioner's 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 "action 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-O.
Sec. 6.  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. 7.  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. 8.  32 MRSA §2105-A, sub-§2, ¶K 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-O, subsection 1, paragraph B to a minor.
Sec. 10.  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. 11.  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. 12.  32 MRSA §2591-A, sub-§2, ¶P is enacted to read:
P.  A violation of section 2600-D.
Sec. 13.  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-O, subsection 1, paragraph B to a minor.
Sec. 14.  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. 15.  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. 16.  32 MRSA §3282-A, sub-§2, ¶T 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-O, subsection 1, paragraph B to a 
minor.
Sec. 18.  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. 19.  32 MRSA §3837-A, sub-§1, ¶G is enacted to read:
G.  A violation of section 3837-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-O, subsection 1, paragraph B to a minor.
Sec. 21.  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. 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.; or
Sec. 23.  32 MRSA §6217-B, sub-§3 is enacted to read:
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 1500-O, subsection 1, paragraph B 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-O, subsection 1, paragraph B 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; or
2.  Mental incompetency.  A medical finding of mental incompetency.; or
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, ¶D, as amended by PL 2017, c. 434, §2, 
is further amended to read:
D.  Engaging in false, misleading or deceptive advertising; or
Sec. 29.  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. 30.  32 MRSA §13742-A, sub-§1, ¶F is enacted to read:
F.  A violation of section 13800-B.
Sec. 31.  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 administer conversion therapy as 
defined in Title 10, section 1500-O, subsection 1, paragraph B to a minor.
Sec. 32.  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. 33.  32 MRSA §13861-A, sub-§1, ¶D is enacted to read:
D.  A violation of section 13866.
Sec. 34.  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-O, subsection 1, paragraph B to a minor.
Sec. 35.  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. 36.  32 MRSA §17307, sub-§3 is enacted to read:
3.  Prohibited conduct.  A violation of section 17311.
Sec. 37.  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-O, subsection 1, paragraph B to a minor.
SUMMARY
This bill does the following.
1. It defines "conversion therapy" as any aversive practice or treatment that seeks to 
change an individual's sexual orientation or gender identity except for talk therapy; 
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.
2.  It defines "aversive practice or treatment" as any practice or treatment that is 
intended to induce changes in behavior through unpleasant stimuli or punishment and 
provides examples of aversive practices or treatments.
3.  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.
4.  It prohibits 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, certification 
or registration, including but not limited to suspension or revocation of the license, 
certification or registration.
5.  It prohibits MaineCare reimbursement for conversion therapy administered to an 
individual who is under 18 years of age.