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Bill Summary · SB 349

Summary — SB 349 (conversion therapy definition; Mental Health Code)

Status (as provided): Reassigned to Committee on Housing and Human Services
Primary subject: Mental health — definition of “conversion therapy” (amends MCL 330.1100a)
Tie-bar: SB 348 (prohibits conversion therapy with minors and establishes disciplinary sanctions)

Main purpose

SB 349 adds a statutory definition of “conversion therapy” to the Michigan Mental Health Code. The definition is intended to clarify what practices constitute conversion therapy and to exclude ordinary, supportive, or transition‑related counseling from that definition. The bill is tied to SB 348, which would prohibit licensed mental‑health professionals from performing conversion therapy on minors and authorize disciplinary sanctions.

Key provisions

  • Adds a definition of “conversion therapy” in MCL 330.1100a that reads broadly enough to capture:
    • Any practice or treatment by a mental‑health professional that seeks to change an individual’s sexual orientation or gender identity; and
    • Specifically includes efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender.
  • Lists explicit exclusions: the term does NOT include counseling that
    • assists an individual undergoing a gender transition;
    • provides acceptance, support, or understanding;
    • facilitates coping, social support, or identity exploration and development; or
    • is a sexual‑orientation neutral intervention intended to prevent or address unlawful conduct or unsafe sexual practices — provided the counseling does not seek to change sexual orientation or gender identity.
  • Tie‑bar (SB 348): would make it professional misconduct for a mental‑health professional to provide conversion therapy to a minor and permit licensing enforcement under the Public Health Code (see sections cited in committee analysis).

Who would be affected

  • Mental‑health professionals licensed or regulated under the Mental Health Code (therapists, psychologists, counselors, social workers) — the definition clarifies conduct subject to regulatory enforcement in conjunction with SB 348.
  • Minors and their families — SB 348 (tied bill) targets protections for minors.
  • Department of Licensing and Regulatory Affairs (LARA) — responsibility for investigating and disciplining licensees alleged to have provided conversion therapy to minors (per SB 348).
  • Department of Health and Human Services — no change in current prohibitions on state funding for conversion therapy (Executive Directive 2021‑3 already prohibited State/Federal funds for conversion therapy on minors).

Enforcement / penalties (as tied to SB 348)

  • Disciplinary actions referenced are those available under Public Health Code sections cited in committee analyses (e.g., probation, limitation, denial, suspension, revocation, fines) if a mental‑health professional engages in conversion therapy with a minor.

Fiscal impact

  • Committee analyses estimate an indeterminate but likely minimal fiscal impact on LARA for potential investigations; existing appropriations are expected to cover investigatory costs in most cases. No significant fiscal impact on DHHS or local units is anticipated.

Procedural / timeline notes

  • Introduced in the Senate (sponsor: Sen. Mallory McMorrow; tie‑bar with SB 348).
  • Committee reports (nonpartisan analyses) accompanied the bills; materials note the bills would take effect 90 days after enactment (per committee report language on prior introduction cycle).
  • Current (provided) status: reassigned to the Committee on Housing and Human Services.

Context / background

  • The bill codifies prohibitions and definitions that align with Executive Directive 2021‑3 (which already prohibited use of State or Federal funds for conversion therapy on minors).
  • Similar state legislative efforts have been considered in multiple sessions; about two dozen states have enacted bans of conversion therapy for minors.

If you want, I can:
- Provide the exact proposed statutory text for the new definition;
- Compare SB 349’s definition to definitions in other states’ laws; or
- Summarize SB 348 (the tie‑bar bill) — penalties and specific enforcement language.

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

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