THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO GENDER IDENTITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 453J, Hawaii Revised Statutes, is amended by amending its title to read as follows:
CHAPTER 453J[ ] SEXUAL ORIENTATION CHANGE EFFORTS] CONVERSION THERAPY PROHIBITED FOR
SEXUAL ORIENTATION AND GENDER IDENTITY"
SECTION 2. Section 453J-1, Hawaii Revised Statutes, is amended to read as follows:
§453J-1[ ] Sexual orientation change efforts] Conversion therapy prohibited;
advertising prohibited. (a) No person who is licensed to provide
professional counseling shall:
(1) Engage in or
attempt to engage in [
sexual orientation change efforts] conversion
therapy on a person under eighteen years of age; or
(2) Advertise the
offering of [
sexual orientation change efforts] conversion therapy
on a person under eighteen years of age.
Any person who is licensed to provide professional counseling who
engages in or attempts to engage in the offering of [
change efforts] conversion therapy on a person under eighteen years
of age shall be subject to disciplinary action by the appropriate professional
(c) For purposes of this section:
"Advertise" means a
communication made by or on behalf of a person who is licensed to provide
professional counseling, made for the purpose of inducing or promoting a
professional counseling relationship in which [
sexual orientation change
efforts] conversion therapy will be undertaken on a person under the
age of eighteen. "Advertise"
includes oral, written, graphic, or pictorial statements or representations,
including those made through any electronic or print medium.
"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.
"Person who is licensed to
provide professional counseling" means a person who performs counseling as
part of the person's professional training, including a physician, especially
one practicing psychiatry, licensed pursuant to chapter 453; psychologist
licensed pursuant to chapter 465; nurse licensed pursuant to chapter 457; social
worker licensed pursuant to chapter 467E; [
licensed] mental health
counselor licensed pursuant to chapter 453D; or [ licensed] marriage and
family therapist licensed pursuant to chapter 451J.
"Sexual orientation change
efforts" means the practice of attempting to change a person's sexual
orientation, including but not limited to efforts to change gender identity or
gender expressions and behaviors; or to reduce or eliminate sexual or romantic
attractions or feelings toward a person of the same gender. "Sexual orientation change
efforts" shall not include counseling supporting a person seeking to
transition from one gender to another or counseling that: (1) 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; and (2) Does not seek
to change sexual orientation, gender identity, or gender expression.]"
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Conversion Therapy; Sexual Orientation and Gender Identity;
Prohibits conversion therapy for sexual orientation and gender identity. (SB674 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.