HF4468

Purpose

This bill creates a private legal remedy to protect minors from harmful conversion therapy by allowing individuals who were harmed (or their parents/guardians) to sue mental health professionals who administered such practices before the minor turned 18. It aims to stop harmful therapies and provide accountability and compensation for affected youths.

Main Provisions

• Definitions

  • Conversion therapy: Uses the meaning given in another Minnesota law (section 214.078 subdivision 1 paragraph b).
  • Mental health professional: A licensed clinician such as a physician, psychiatrist, psychologist, social worker, counselor, or any other licensed provider of mental health care or counseling in Minnesota.
  • Minor: A person under 18 years old.
  • Parent or guardian: A parent or legal guardian of a minor.
  • Psychological harm: Includes depression, anxiety, self-harm, suicidal thoughts or attempts, posttraumatic stress disorder, and loss of self-esteem.

• Private right of action (Subd.2)

  • A person injured by conversion therapy before turning 18 can sue the mental health professional who gave the therapy.
  • A mental health professional who provides conversion therapy to someone under 18 is liable for damages.
  • A parent or guardian can bring the action on behalf of a minor, either while the minor is under 18 or if the minor is deceased or incapacitated.

• Relief and damages (Subd.3)

  • Courts can order injunctive relief to stop the professional from providing future conversion therapy that violates the standard of care.
  • A civil penalty of at least $50,000 can be awarded to the injured person or their parent/guardian.
  • Plaintiffs can receive general, special, and punitive damages, plus their costs and reasonable attorney fees.

• Venue (Subd.4)

  • An action can be filed in the county where the plaintiff lives or where the defendant lives at the time the case is brought.

• Limitations on government enforcement

  • State or local government officers or employees cannot bring or participate in enforcement actions under this section.

Significant Changes to Existing Law

• Introduces a private right of action for harm caused by conversion therapy to minors, expanding the ways injured individuals and families can seek relief.
• Establishes a minimum civil penalty ($50,000) and allows various damages (general, special, punitive) plus attorney fees.
• Allows injunctive relief to prevent future conversion therapy by the same or similar professionals, enforcing a standard of care.
• Specifies that only private individuals (and their representatives) may sue; state or local government actors cannot bring or participate in these actions.

Relevant terms - conversion therapy - mental health professional - minor - psychological harm - injunctive relief - civil penalty - damages (general, special, punitive) - parent or guardian - venue - standard of care - harmful therapeutic practices - youth protection from harmful therapeutic practices - private right of action