CONVERSION THERAPY; MINOR; PROHIBIT S.B. 348 & 349:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 348 and 349 (as reported without amendment)
Sponsor: Senator Mallory McMorrow
Committee: Housing and Human Services
CONTENT
Senate Bill 348 would amend the Mental Health Code to prohibit a mental health professional
from engaging in conversion therapy with a minor. A mental health professional that did so
would be subject to disciplinary action and licensing sanctions.
Senate Bill 349 would amend the Mental Health Code to define "conversion therapy" as any
practice or treatment by a mental health professional that seeks to change an individual's
sexual orientation or gender identity, including efforts to change behavior or gender
expression or to reduce or eliminate sexual or romantic attractions or feelings toward an
individual of the same gender. The term would not include counseling that provided assistance
to an individual undergoing a gender transition, counseling that provided acceptance, support,
or understanding of an individual or facilitates an individual's coping, social support, or identity
exploration and development, including sexual orientation-neutral intervention to prevent or
address unlawful conduct or unsafe sexual practices, as long as the counseling did not seek
to change an individual's sexual orientation or gender identity.
Proposed MCL 330.1901a (S.B. 348) Legislative Analyst: Eleni Lionas
MCL 330.1100a (S.B. 349)
BRIEF RATIONALE
Currently, 21 States have banned the practice of conversion therapy on minors. In June 2021,
Governor Gretchen Whitmer announced Executive Directive 2021-3, which, among other
things, noted a discreditation of the practice and prohibited the Department of Health and
Human Services (DHHS) from using State or Federal funds for conversion therapy on minors.
Some people believe that therapists should be prohibited from performing therapy on minors
that could result in harm to their wellbeing later.
FISCAL IMPACT
Senate Bill 348 would have an indeterminate fiscal impact on the Department of Licensing
and Regulatory Affairs (LARA) and no significant impact on local units of government. If a
licensed professional were reported for an alleged violation under the bill, LARA could incur
investigatory costs if the violation met the standards for gross negligence or willful
misconduct. However, these costs likely would be covered by existing appropriations. These
costs could be partially offset by any fines imposed by LARA.
The bill would have no fiscal impact on the DHHS. Since June 2021, the DHHS has been
prohibited from using State or Federal funds for the practice of conversion therapy on minors.
This includes funds related to Medicaid, the Children's Health Insurance Program, child welfare
services, and juvenile justice programs. As this bill would codify the requirements in the
Executive Directive 2021-3, there would be no change to current departmental policy.
Date Completed: 6-14-23 Fiscal Analyst: Ellyn Ackerman; Elizabeth Raczkowski
floor\sb348 Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not
constitute an official statement of legislative intent.


Statutes affected:
Senate Introduced Bill: 330.1001, 330.2106