Florida Senate - 2015                                     SB 204
       
       
        
       By Senator Clemens
       
       
       
       
       
       27-00387-15                                            2015204__
    1                        A bill to be entitled                      
    2         An act relating to sexual orientation change efforts;
    3         creating s. 456.064, F.S.; defining the term “sexual
    4         orientation change effort”; prohibiting persons who
    5         are licensed to provide professional counseling and
    6         various practitioners who are licensed under
    7         provisions regulating the practice of medicine,
    8         osteopathic medicine, psychology, clinical social
    9         work, marriage and family therapy, or mental health
   10         counseling from engaging in sexual orientation change
   11         efforts on behalf of a person who is younger than a
   12         specified age; providing that a violation of the
   13         prohibition constitutes unprofessional conduct subject
   14         to disciplinary proceedings by the Department of
   15         Health and the appropriate regulatory board; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 456.064, Florida Statutes, is created to
   21  read:
   22         456.064 Sexual orientation change efforts.—
   23         (1) As used in this section, the term “sexual orientation
   24  change effort” means any practice or treatment performed with
   25  the goal of changing a person’s sexual orientation, including,
   26  but not limited to, efforts to change behavior, gender identity,
   27  or gender expression, or to reduce or eliminate sexual or
   28  romantic attraction or feelings toward a person of the same
   29  gender. The term does not include counseling that:
   30         (a) Provides support to a person actively undergoing gender
   31  transition; or
   32         (b) Provides acceptance, support, and understanding of a
   33  person or facilitates a person’s coping, social support, and
   34  identity exploration and development, including sexual
   35  orientation-neutral interventions to prevent or address unlawful
   36  conduct or unsafe sexual practices, if such counseling is not
   37  conducted with the goal of changing the person’s sexual
   38  orientation or gender identity.
   39         (2)(a) A person who is licensed to provide professional
   40  counseling, or who performs counseling as part of his or her
   41  professional training under chapter 458, chapter 459, chapter
   42  490, or chapter 491, including, but not limited to, medical
   43  practitioners, osteopathic practitioners, psychologists, social
   44  workers, marriage and family therapists, and licensed
   45  counselors, may not engage in sexual orientation change efforts
   46  on behalf of a person younger than 18 years of age.
   47         (b) A licensed professional as described in paragraph (a)
   48  who engages in or attempts to engage in sexual orientation
   49  change efforts on behalf of a person younger than 18 years of
   50  age engages in unprofessional conduct and is subject to
   51  disciplinary proceedings by the department and the appropriate
   52  regulatory board.
   53         Section 2. This act shall take effect July 1, 2015.