Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                        HOUSE BILL NO. 1968
                               103RD GENERAL ASSEMBLY


                                INTRODUCED BY REPRESENTATIVE DEAN.

     5311H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 337.035, 337.330, 337.525, 337.630, and 337.730, RSMo, and to enact in
            lieu thereof five new sections relating to conversion therapy for minors.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Sections 337.035, 337.330, 337.525, 337.630, and 337.730, RSMo, are
 repealed and five new sections enacted in lieu thereof, to be known as sections 337.035,
 337.330, 337.525, 337.630, and 337.730, to read as follows:
             337.035. 1. The committee may refuse to issue any certificate of registration or
 authority, permit or license required pursuant to this chapter for one or any combination of
 causes stated in subsection 2 of this section. The committee shall notify the applicant in
 writing of the reasons for the refusal and shall advise the applicant of the applicant's right to
 file a complaint with the administrative hearing commission as provided by chapter 621.
         2. The committee may cause a complaint to be filed with the administrative hearing
 commission as provided by chapter 621 against any holder of any certificate of registration or
 authority, permit or license required by this chapter or any person who has failed to renew or
 has surrendered the person's certificate of registration or authority, permit or license for any
 one or any combination of the following causes:
         (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage
 to an extent that such use impairs a person's ability to perform the work of any profession
 licensed or regulated by this chapter;
         (2) The person has been finally adjudicated and found guilty, or entered a plea of
 guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United
 States, or of any country, for any offense directly related to the duties and responsibilities of

     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HB 1968                                             2

 the occupation, as set forth in section 324.012, regardless of whether or not sentence is
 imposed;
         (3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of
 registration or authority, permit or license issued pursuant to this chapter or in obtaining
 permission to take any examination given or required pursuant to this chapter;
         (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation
 by fraud, deception or misrepresentation;
         (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or
 dishonesty in the performance of the functions or duties of any profession licensed or
 regulated by this chapter;
         (6) Violation of, or assisting or enabling any person to violate, any provision of this
 chapter, or of any lawful rule or regulation adopted pursuant to this chapter;
         (7) Impersonation of any person holding a certificate of registration or authority,
 permit or license or allowing any person to use his or her certificate of registration or
 authority, permit, license or diploma from any school;
         (8) Disciplinary action against the holder of a license or other right to practice any
 profession regulated by this chapter granted by another state, territory, federal agency or
 country upon grounds for which revocation or suspension is authorized in this state;
         (9) A person is finally adjudged insane or incapacitated by a court of competent
 jurisdiction;
         (10) Assisting or enabling any person to practice or offer to practice any profession
 licensed or regulated by this chapter who is not registered and currently eligible to practice as
 provided this chapter;
         (11) Issuance of a certificate of registration or authority, permit or license based upon
 a material mistake of fact;
         (12) Failure to display a valid certificate or license if so required by this chapter or
 any rule promulgated pursuant to this chapter;
         (13) Violation of any professional trust or confidence;
         (14) Use of any advertisement or solicitation which is false, misleading or deceptive
 to the general public or persons to whom the advertisement or solicitation is primarily
 directed;
         (15) Being guilty of unethical conduct as defined in "Ethical Rules of Conduct" as
 adopted by the committee and filed with the secretary of state;
         (16) Engaging in conversion therapy with a minor. For purposes of this
 subdivision, the term "conversion therapy" means any practices or treatments that seek
 to change an individual's sexual orientation or gender identity, including efforts to
 change behaviors or gender expressions or to eliminate or reduce sexual or romantic
HB 1968                                             3

 attractions or feelings toward individuals of the same gender. "Conversion therapy"
 shall not include counseling that provides assistance to a person undergoing gender
 transition or counseling that provides acceptance, support, and understanding of a
 person or facilitates a person's coping, social support, and identity exploration and
 development, including sexual-orientation-neutral interventions to prevent or address
 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to
 change an individual's sexual orientation or gender identity.
         3. After the filing of such complaint, the proceedings shall be conducted in
 accordance with the provisions of chapter 621. Upon a finding by the administrative hearing
 commission that the grounds, provided in subsection 2 of this section, for disciplinary action
 are met, the committee may, singly or in combination, censure or place the person named in
 the complaint on probation on such terms and conditions as the department deems appropriate
 for a period not to exceed five years, or may suspend, for a period not to exceed three years,
 or revoke the license, certificate, or permit.
         4. An interested third party may file a complaint or appear or present evidence
 relative to such complaint or another complaint filed pursuant to this section. For purposes of
 this section, an interested third party includes a parent or guardian of a person who received
 treatment by a psychologist or any person who is related within the second degree of
 consanguinity or affinity and who is financially responsible for the payment of such
 treatment.
             337.330. 1. The committee may refuse to issue any license required under this
 chapter for one or any combination of causes stated in subsection 2 of this section. The
 committee shall notify the applicant in writing of the reasons for the refusal and shall advise
 the applicant of the applicant's right to file a complaint with the administrative hearing
 commission as provided by chapter 621.
         2. The committee may cause a complaint to be filed with the administrative hearing
 commission, as provided by chapter 621, against any holder of any license required by this
 chapter or any person who has failed to renew or has surrendered the person's license for any
 one or any combination of the following causes:
         (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage
 to an extent that such use impairs a person's ability to perform the work of any profession
 licensed or regulated by this chapter;
         (2) The person has been finally adjudicated and found guilty, or entered a plea of
 guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United
 States, or of any country for any offense directly related to the duties and responsibilities of
 the occupation, as set forth in section 324.012, regardless of whether or not sentence is
 imposed;
HB 1968                                              4

         (3) Use of fraud, deception, misrepresentation or bribery in securing any permit or
 license issued under this chapter or in obtaining permission to take any examination given or
 required under sections 337.300 to 337.345;
         (4) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation
 by fraud, deception or misrepresentation;
         (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation, or
 dishonesty in the performance of the functions or duties of any profession licensed by
 sections 337.300 to 337.345;
         (6) Violation of, or assisting or enabling any person to violate, any provision of
 sections 337.300 to 337.345, or of any lawful rule adopted thereunder;
         (7) Impersonation of any person holding a certificate of registration or authority,
 permit or license or allowing any person to use his or her certificate of registration or
 authority, permit, license, or diploma from any school;
         (8) Disciplinary action against the holder of a license or other right to practice any
 profession regulated by sections 337.300 to 337.345 granted by another state, territory,
 federal agency, or country upon grounds for which revocation or suspension is authorized in
 this state;
         (9) A person is finally adjudged insane or incapacitated by a court of competent
 jurisdiction;
         (10) Assisting or enabling any person to practice or offer to practice any profession
 licensed or regulated by sections 337.300 to 337.345 who is not registered and currently
 eligible to practice as provided in sections 337.300 to 337.345;
         (11) Issuance of a certificate of registration or authority, permit, or license based upon
 a material mistake of fact;
         (12) Failure to display a valid certificate or license if so required by sections 337.300
 to 337.345 or any rule promulgated thereunder;
         (13) Violation of any professional trust or confidence;
         (14) Use of any advertisement or solicitation which is false, misleading, or deceptive
 to the general public or persons to whom the advertisement or solicitation is primarily
 directed;
         (15) Being guilty of unethical conduct as defined in the code of conduct as adopted
 by the committee and filed with the secretary of state;
         (16) Engaging in conversion therapy with a minor. For purposes of this
 subdivision, the term "conversion therapy" means any practices or treatments that seek
 to change an individual's sexual orientation or gender identity, including efforts to
 change behaviors or gender expressions or to eliminate or reduce sexual or romantic
 attractions or feelings toward individuals of the same gender. "Conversion therapy"
HB 1968                                             5

 shall not include counseling that provides assistance to a person undergoing gender
 transition or counseling that provides acceptance, support, and understanding of a
 person or facilitates a person's coping, social support, and identity exploration and
 development, including sexual-orientation-neutral interventions to prevent or address
 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to
 change an individual's sexual orientation or gender identity.
         3. After the filing of such complaint, the proceedings shall be conducted in
 accordance with the provisions of chapter 621. Upon a finding by the administrative hearing
 commission that the grounds, provided in subsection 2 of this section, for disciplinary action
 are met, the committee may, singly or in combination, censure or place the person named in
 the complaint on probation on such terms and conditions as the department deems appropriate
 for a period not to exceed five years, or may suspend, for a period not to exceed three years,
 or revoke the license, certificate, or permit.
             337.525. 1. The committee may refuse to issue or renew any license required by the
 provisions of sections 337.500 to 337.540 for one or any combination of causes stated in
 subsection 2 of this section. The committee shall notify the applicant in writing of the reasons
 for the refusal and shall advise the applicant of his or her right to file a complaint with the
 administrative hearing commission as provided by chapter 621.
         2. The committee may cause a complaint to be filed with the administrative hearing
 commission as provided by chapter 621 against any holder of any license required by sections
 337.500 to 337.540 or any person who has failed to renew or has surrendered his license for
 any one or any combination of the following causes:
         (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage
 to an extent that such use impairs a person's ability to engage in the occupation of
 professional counselor;
         (2) The person has been finally adjudicated and found guilty, or entered a plea of
 guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United
 States, or of any country, for any offense directly related to the duties and responsibilities of
 the occupation, as set forth in section 324.012, regardless of whether or not sentence is
 imposed;
         (3) Use of fraud, deception, misrepresentation or bribery in securing any license
 issued pursuant to the provisions of sections 337.500 to 337.540 or in obtaining permission to
 take any examination given or required pursuant to the provisions of sections 337.500 to
 337.540;
         (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation
 by fraud, deception or misrepresentation;
HB 1968                                             6

         (5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the
 performance of the functions or duties of a professional counselor;
         (6) Violation of, or assisting or enabling any person to violate, any provision of
 sections 337.500 to 337.540, or of any lawful rule or regulation adopted pursuant to sections
 337.500 to 337.540;
         (7) Impersonation of any person holding a license or allowing any person to use his or
 her license or diploma from any school;
         (8) Revocation or suspension of a license or other right to practice counseling granted
 by another state, territory, federal agency or country upon grounds for which revocation or
 suspension is authorized in this state;
         (9) A person is finally adjudged incapacitated by a court of competent jurisdiction;
         (10) Assisting or enabling any person to practice or offer to practice professional
 counseling who is not licensed and currently eligible to practice under the provisions of
 sections 337.500 to 337.540;
         (11) Issuance of a license based upon a material mistake of fact;
         (12) Failure to display a valid license if so required by sections 337.500 to 337.540 or
 any rule promulgated hereunder;
         (13) Violation of any professional trust or confidence;
         (14) Use of any advertisement or solicitation which is false, misleading or deceptive
 to the general public or persons to whom the advertisement or solicitation is primarily
 directed;
         (15) Being guilty of unethical conduct as defined in the ethical standards for
 counselors adopted by the division and filed with the secretary of state;
         (16) Engaging in conversion therapy with a minor. For purposes of this
 subdivision, the term "conversion therapy" means any practices or treatments that seek
 to change an individual's sexual orientation or gender identity, including efforts to
 change behaviors or gender expressions or to eliminate or reduce sexual or romantic
 attractions or feelings toward individuals of the same gender. "Conversion therapy"
 shall not include counseling that provides assistance to a person undergoing gender
 transition or counseling that provides acceptance, support, and understanding of a
 person or facilitates a person's coping, social support, and identity exploration and
 development, including sexual-orientation-neutral interventions to prevent or address
 unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to
 change an individual's sexual orientation or gender identity.
         3. Any person, organization, association or corporation who reports or provides
 information to the committee pursuant to the provisions of this chapter and who does so in
 good faith shall not be subject to an action for civil damages as a result thereof.
HB 1968                                             7

         4. After the filing of such complaint, the proceedings shall be conducted in
 accordance with the provisions of chapter 621. Upon a finding by the administrative hearing
 commission that the grounds, provided in subsection 2 of this section, for disciplinary action
 are met, the committee may censure or place the person named in the complaint on probation
 on such terms and conditions as the committee deems appropriate for a period not to exceed
 five years, or may suspend, for a period not to exceed three years, or revoke the license.
             337.630. 1. The committee may refuse to issue or renew any license required by the
 provisions of sections 337.600 to 337.689 for one or any combination of causes stated in
 subsection 2 of this section. The committee shall notify the applicant in writing of the reasons
 for the refusal and shall advise the applicant of the applicant's right to file a complaint with
 the administrative hearing commission as provided by chapter 621.
         2. The committee may cause a complaint to be filed with the administrative hearing
 commission as provided by chapter 621 against any holder of any license required by sections
 337.600 to 337.689 or any person who has failed to renew or has surrendered the person's
 license for any one or any combination of the following causes:
         (1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage
 to an extent that such use impairs a person's ability to engage in the occupation of social work
 licensed under this chapter; except that the fact that a person has undergone treatment for past
 substance or alcohol abuse and/or has participated in a recovery program, shall not by itself
 be cause for refusal to issue or renew a license;
         (2) The person has been finally adjudicated and found guilty, or entered a plea of
 guilty or nolo contendere, in a criminal prosecution pursuant to the laws of any state, of the
 U