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HB 1430

Improving communication between the department of children, youth, and families and caregivers.

2023-2024 Regular Session Introduced by Carolyn Eslick and 1 co-sponsor

ND HB 1430 bans conversion therapy by licensed social workers; allows narrowly tailored, consent-based counseling for clients questioning orientation/identity, not to change it.

By resolution, reintroduced and retained in present status.
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Bill Summary · HB 1430

HB 1430 — Summary (North Dakota: regulation of social workers — caring for individuals questioning sexuality or gender identity)

Status: Introduced Nov 20, 2024. Second reading — failed to pass (yeas 22, nays 25).
Primary sponsors: Representatives VanWinkle et al.; Senators Paulson, Castaneda.
Subject: Creates a new section in chapter 43‑41 of the North Dakota Century Code (social worker regulation) addressing ethics when working with clients questioning sexual orientation or gender identity.

Purpose

The bill would add an ethics provision for licensed social workers addressing (1) a prohibition on providing "conversion therapy" and (2) guidance about counseling clients who are questioning sexual orientation or gender identity, including conditions under which counseling is permitted.

Key provisions

  • New statutory section added to NDCC ch. 43‑41 titled generally “Caring for individuals questioning sexuality or gender identity.”
  • Definition of conversion therapy:
    • Early draft: defined as any treatment with the goal of changing sexual orientation or gender identity and explicitly listed examples (medication, psychotherapy, electroshock, aversion therapy).
    • Later (Senate) wording: more concise — “any treatment or practice to change an individual's sexual orientation or gender identity.”
  • Prohibition: It is an ethical violation for a licensee to engage in conversion therapy.
  • Permitted counseling (narrow exception):
    • A licensed clinical social worker may provide counseling to an individual who is questioning their sexuality or gender and wants to “align their sexuality or gender with the individual's personal or spiritual beliefs.”
    • Senate amendment adds the explicit limitation that such counseling “may not attempt to change an individual's sexual orientation or gender identity.”
  • Conditions on counseling/treatment (applies when counseling is provided under this section):
    • The practice/treatment must align with the individual’s self‑determination.
    • The licensee must disclose the nature of the treatment/practices to the client.
    • The licensee must obtain authorization (consent) from the individual, or from a parent/guardian where applicable.

Who would be affected

  • Licensed social workers in North Dakota — clinical social workers in particular — subject to licensing and disciplinary rules in ch. 43‑41.
  • Clients (adults and minors) questioning sexual orientation/gender identity and their parents/guardians.
  • The state licensing/disciplinary authority that enforces social worker ethics.

Procedural history & timeline

  • Introduced in the House; considered and amended by Human Services Committee.
  • Advanced to the Senate; received committee amendments that tightened the definition and added the prohibition plus the “may not attempt to change” clause.
  • Reached second reading in the relevant chamber and failed passage on a recorded vote (yeas 22, nays 25).

Practical notes / potential impacts

  • The bill explicitly bans conversion therapy as an ethics violation while attempting to preserve a limited counseling pathway for clients who voluntarily seek counseling aligned with personal or spiritual beliefs — but the Senate amendment clarifies counseling must not attempt to change orientation/identity. This creates potential interpretive tension for practitioners about what counseling content and goals are allowed.
  • Enforcement would proceed through existing licensing/disciplinary mechanisms for social workers under ND law.
  • If enacted, the provision would set an ethical standard for social work practice in North Dakota on this issue and likely influence training, consent procedures, and recordkeeping for affected licensees.

Compiled from official sources — confirm details with the bill’s official record.

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