Bill Summary – FastDemocracy

Legislative Analysis
                                                                            Phone: (517) 373-8080
BAN CONVERSION THERAPY FOR MINORS
                                                                            http://www.house.mi.gov/hfa
House Bill 4616 as introduced                                               Analysis available at
Sponsor: Rep. Felicia Brabec                                                http://www.legislature.mi.gov
House Bill 4617 as introduced
Sponsor: Rep. Jason Hoskins
Committee: Health Policy
Complete to 6-7-23
                                                       (Enacted as Public Acts 117 and 118 of 2023)
SUMMARY:
       House Bill 4616 would amend the Mental Health Code to prohibit a mental health professional
       from engaging in conversion therapy (as defined by House Bill 4617) with a minor. A mental
       health professional who violates the prohibition would be subject to disciplinary action and
       licensing sanctions under sections 16221(a) and 16226 of the Public Health Code.
       The code defines mental health professional as an individual who is trained and experienced
       in the area of mental illness or developmental disabilities and who is one of the following:
            • A physician.
            • A psychologist.
            • The following professionals licensed or authorized under the Public Health Code:
                    o A registered professional nurse.
                    o A licensed master’s social worker.
                    o A licensed professional counselor.
                    o A marriage and family therapist.
       Proposed MCL 330.1901a
       House Bill 4617 would amend the Mental Health Code to define conversion therapy to mean
       any practice or treatment by a mental health professional that seeks to change an individual’s
       sexual orientation or gender identity. This would include, but not be limited to, 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 provides assistance to an individual undergoing a gender transition, counseling that
       provides 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 does not seek to change an individual’s sexual orientation or gender identity.
        MCL 330.1100a
        Each of the bills would take effect 90 days after enactment. However, neither bill could take
        effect unless both were enacted.
House Fiscal Agency                                                                          Page 1 of 2
BACKGROUND:
       Generally speaking, conversion therapy refers to a treatment based on a belief that being
       lesbian, gay, bisexual, or transgender (LGBT) is abnormal and can be changed, typically using
       a combination of talk therapy and physical and mental stimuli. The treatment is sometimes
       practiced by licensed professionals in the context of providing health care and sometimes by
       religious or spiritual advisors in the context of religious practice.
       Executive Directive 2021-3, issued June 14, 2021, required the Michigan Department of Health
       and Human Services “to take actions necessary to prohibit the use of state and federal funds
       for the practice of conversion therapy on minors.” The directive included, without limitation,
       “funding related to Medicaid and the Children’s Health Insurance Program (CHIP), child
       welfare services, and juvenile justice programs.”
FISCAL IMPACT:
       The bills would not have a significant fiscal impact on the Department of Licensing and
       Regulatory Affairs (LARA) or on any other state or local government units. Under House Bill
       4616 and the Public Health Code, LARA would be responsible for investigating whether
       grounds for disciplinary action against licensees exist. Disciplinary subcommittees have the
       ability to levy licensing sanctions including one or more of the following: probation, limitation,
       denial, suspension, revocation, permanent revocation, restitution, or fines. Any resulting
       investigations would likely be supported by existing appropriations, and given the limited
       number of licensees likely to commit such violations, any impact on revenues would be
       negligible.
       The bills would have no fiscal impact on the Department of Health and Human Services, as
       Executive Directive 2021-3 has prohibited state or federal funds from being used for
       conversion therapy of minors. The bills also would have no fiscal impact on local community
       mental health services programs (CMHSPs).
                                                           Legislative Analyst: Susan Stutzky
                                                              Fiscal Analysts: Marcus Coffin
                                                                                Kevin Koorstra
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                          HBs 4616 and 4617 as introduced   Page 2 of 2
Statutes affected: 
House Introduced Bill: 330.1100
As Passed by the House: 330.1100
As Passed by the Senate: 330.1100
House Concurred Bill: 330.1100
Public Act: 330.1100
House Enrolled Bill: 330.1100