SF4706

Purpose

The bill creates a new private civil right to protect minors from harmful conversion therapy. It allows individuals harmed by conversion therapy administered before age 18 by a licensed mental health professional to seek relief in court. It also defines who can sue and what remedies are available.

Main Provisions

• Definitions
  • Conversion therapy: as defined in Minnesota law (section 214.078, subdivision 1, paragraph b).
  • Mental health professional: includes physicians, psychiatrists, psychologists, social workers, counselors, or any other state-licensed professional who provides mental health care.
  • Minor: anyone under 18 years old.
  • Parent or guardian: a parent or legal guardian of a minor.
  • Psychological harm: includes depression, anxiety, self-harm, suicidal ideation or attempts, posttraumatic stress disorder, and loss of self-esteem.
• Cause of action
  • A minor injured by conversion therapy before turning 18 can sue the mental health professional who performed the therapy.
  • The action can also be brought by the minor’s parent or guardian on the minor’s behalf, or if the minor is deceased or incapacitated.
• Relief and damages
  • Courts may grant injunctive relief to stop future conversion therapy by the defendant.
  • Courts may award a civil penalty of at least $50,000 to the injured person or their family.
  • Awards may include general, special, and punitive damages, plus the plaintiff’s costs and reasonable attorney fees.
  • State officers or employees cannot bring or participate in these actions.
• Venue
  • A case may be brought in the county where the plaintiff resides or in the county where the defendant resides at the time the action is brought.

Significant Changes to Existing Law

• Establishes a new private civil remedy for harm caused by conversion therapy to individuals under 18.
• Expands liability to a broad range of licensed mental health professionals.
• Introduces specific damages, injunctive relief, and a minimum civil penalty for such actions.
• Clarifies that state or local government employees are not authorized to bring or participate in these actions.

Summary Notes

• The bill focuses on protecting minors from harmful practices labeled as conversion therapy and provides a pathway for victims or their families to seek legal relief.
• It pairs civil liability with a minimum penalty and court-approved remedies, while setting protective boundaries on who can sue (no state or local government officials can sue under this provision).

Relevant Terms conversion therapy mental health professional minor psychological harm injunctive relief civil penalty damages venue parent or guardian Minnesota Statutes section 214.078 Minnesota Statutes chapter 604 Youth Protection from Harmful Therapeutic Practices injunctive relief harmful therapeutic practices