SB 256 — DISCIPLINARY ACTION FOR CONVERSION THERAPY

or(a) ucounseling [or (b) mental health services that .223351.1provide -acceptance, 5support - facilitate a person's coping, social support, sexual orientation or gender identity exploration and development,understanding includingof ana interventionperson to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual orientation;

(2)or "gender(b) identity"mental meanshealth services that facilitate a person's self-coping, perception,social orsupport, perceptionsexual oforientation thator persongender byidentity another,exploration ofand thedevelopment, person'sincluding identityan asintervention ato maleprevent or femaleaddress basedunlawful upone thet person's17 appearance,conduct behavior or physicalunsafe characteristicssexual thatpractices, arewithout inseeking accordto orchange opposedw tol then person'sd physical18 anatomy,gender chromosomalidentity sex or sexsexual atorientation; birth;

and= [(3)= "minor"19 means[(2)] (3) "gender identity" [means a personperson's undera eighteenl yearsi a e r 20 self-perception, or perception of age;that person by another, of a t m m 21 the person's identity as a male or female based upon the d r e 22 person's appearance, behavior or physical characteristics that c e s k 23 are in accord or opposed to the person's physical anatomy, e a n b 24 chromosomal sex or sex at birth] has the same meaning as set u [ forth in Section 28-1-2 NMSA 1978;

and.225417.1 (4)]- (3)6 "sexual- orientation"SHPAC/SB means256 heterosexuality,[(3)] homosexuality(4) or"minor" bisexuality,means whethera actualperson orunder perceived."eighteen eyears eof 17age; SECTION 3.

Sectionand 61-6-15[(4)] NMSA(5) 1978"sexual (beingorientation" Laws[means 1969,heterosexuality, ehomosexuality eor nbisexuality, dwhether 18actual Chapteror 46,perceived] Sectionhas 6,the same meaning as amended)set isforth amendedin toSection read:28-1-2 NMSA 1978." SECTION 3.

=Section =61-6-15 lNMSA ]1978 19(being "61-6-15.Laws 1969, Chapter 46, Section 6, as amended) is amended to read:

LICENSE"61-6-15. MAY BE REFUSED, REVOKED OR SUSPENDED-- a l r i 20 LICENSEE MAY BE FINED, CENSURED OR REPRIMANDED--PROCEDURE-- t e a t PRACTICE AFTER SUSPENSION OR REVOCATION--PENALTY-- m m 21 e d r e 22 UNPROFESSIONAL AND DISHONORABLE CONDUCT DEFINED--FEES AND c e r c 23 EXPENSES.-- e a n b 24 A.

TheLICENSE boardMAY mayBE refuseREFUSED, toREVOKED licenseOR andSUSPENDED-- mayLICENSEE revokeMAY uBE [FINED, orCENSURED suspendOR aREPRIMANDED--PROCEDURE-- licensePRACTICE thatAFTER hasSUSPENSION beenOR issuedREVOCATION--PENALTY-- byUNPROFESSIONAL theAND boardDISHONORABLE orCONDUCT aDEFINED--FEES .223351.1AND -EXPENSES.-- 6A. - previous board and may fine, censure or reprimand a licensee upon satisfactory proof being made to the board that the applicant for or holder of the license has been guilty of unprofessional or dishonorable conduct.

The board may also refuse to license anand applicantmay whorevoke isor unablesuspend toa practicelicense asthat ahas physician,been practiceissued asby the board or a physicianprevious assistant,board anand anesthesiologistmay assistant,fine, acensure geneticor counselor,reprimand a naturopathiclicensee practitionere ort naprapathic17 practitionerupon orsatisfactory practiceproof polysomnography,being pursuantmade to Sectionthe 61-7-3board NMSAthat 1978.the w l n d 18 applicant for or holder of the license has been guilty of = = 19 unprofessional or dishonorable conduct.

AllThe proceedingsboard shallmay bealso a l i a e r 20 refuse to license an applicant who is unable to practice as requireda bya thet Uniformm Licensingm Act21 physician, practice as a physician assistant, an d r e 22 anesthesiologist assistant, a genetic counselor, a naturopathic c e s k 23 practitioner or thenaprapathic Impairedpractitioner Healthor Carepractice Providere Act.a n b 24 polysomnography, pursuant to Section 61-7-3 NMSA 1978.

All u [ proceedings shall be as required by the Uniform Licensing Act .225417.1 - 7 - SHPAC/SB 256 or the Impaired Health Care Provider Act.

Upon expiration of the term of probation, if a term is set, further e e 17 proceedings may be abated by the board if the holder of the e e n d 18 license furnishes the board with evidence that the licensee is = = l ] 19 competent to practice, is of good moral character and has a l r i 20 complied with the terms of probation.

t e a t C.

If evidence fails to establish to the m m 21 e d r e 22 satisfaction of the board that the licensee is competent and is c e r c 23 of good moral character or if evidence shows that the licensee e a n b 24 has not complied with the terms of probation, the board may u [ revoke or suspend the license.

If a license to practice in .223351.1 - 7 - this state is suspended, the holder of the license may not e t 17 practice during the term of suspension.

A person whose license w l n d 18 has been revoked or suspended by the board and who thereafter = = 19 practices or attempts or offers to practice in New Mexico, a l i a e r 20 unless the period of suspension has expired or been modified by a t m m 21 the board or the license reinstated, is guilty of a felony and d r e 22 shall be punished as provided in Section 61-6-20 NMSA 1978.

c e s k 23 D.

"Unprofessional or dishonorable conduct", as e a n b 24 used in this section, means, but is not limited to because of u [ enumeration, conduct of a licensee that includes the following:

.225417.1 - 8 - SHPAC/SB 256 (1) procuring, aiding or abetting an illegal procedure;

(3) representing to a patient that a manifestly incurable condition of sickness, disease or injury e e 17 can be cured;

e e n d 18 (4) obtaining a fee by fraud or = = l ] 19 misrepresentation;

a l r i 20 (5) willfully or negligently divulging a t e a t professional confidence;

m m 21 e d r e 22 (6) conviction of an offense punishable by c e r c 23 incarceration in a state penitentiary or federal prison or e a n b 24 conviction of a misdemeanor associated with the practice of the u [ licensee.

A copy of the record of conviction, certified by the .223351.1 - 8 - clerk of the court entering the conviction, is conclusive e t 17 evidence;

w l n d 18 (7) habitual or excessive use of intoxicants = = 19 or drugs;

a l i a e r 20 (8) fraud or misrepresentation in applying for a t m m 21 or procuring a license to practice in this state or in d r e 22 connection with applying for or procuring renewal, including c e s k 23 cheating on or attempting to subvert the licensing e a n b 24 examinations;

u [ (9) making false or misleading statements .225417.1 - 9 - SHPAC/SB 256 regarding the skill of the licensee or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of a disease or other condition of the human body or mind;

(10) impersonating another licensee, e e 17 permitting or allowing a person to use the license of the e e n d 18 licensee or practicing as a licensee under a false or assumed = = l ] 19 name;

a l r i 20 (11) aiding or abetting the practice of a t e a t person not licensed by the board;

m m 21 e d r e 22 (12) gross negligence in the practice of a c e r c 23 licensee;

e a n b 24 (13) manifest incapacity or incompetence to u [ practice as a licensee;

.223351.1 - 9 - (14) discipline imposed on a licensee by e t 17 another licensing jurisdiction, including denial, probation, w l n d 18 suspension or revocation, based upon acts by the licensee = = 19 similar to acts described in this section.

A certified copy of a l i a e r 20 the record of disciplinary action or sanction taken by another a t m m 21 jurisdiction is conclusive evidence of the action;

d r e 22 (15) the use of a false, fraudulent or c e s k 23 deceptive statement in a document connected with the practice e a n b 24 of a licensee;

u [ (16) fee splitting;

.225417.1 - 10 - SHPAC/SB 256 (17) the prescribing, administering or dispensing of narcotic, stimulant or hypnotic drugs for other than accepted therapeutic purposes;

(19) repeated similar negligent acts or a e e 17 pattern of conduct otherwise described in this section or in e e n d 18 violation of a board rule;

= = l ] 19 (20) employing abusive billing practices;

a l r i 20 (21) failure to report to the board any t e a t adverse action taken against the licensee by:

m m 21 e d r e 22 (a) another licensing jurisdiction;

c e r c 23 (b) a peer review body;

e a n b 24 (c) a health care entity;

u [ (d) a professional or medical society or .223351.1 - 10 - association;

e t 17 (e) a governmental agency;

w l n d 18 (f) a law enforcement agency;

or = = 19 (g) a court for acts or conduct similar a l i a e r 20 to acts or conduct that would constitute grounds for action as a t m m 21 defined in this section;

d r e 22 (22) failure to report to the board the denial c e s k 23 of licensure, surrender of a license or other authorization to e a n b 24 practice in another state or jurisdiction or surrender of u [ membership on any medical staff or in any medical or .225417.1 - 11 - SHPAC/SB 256 professional association or society following, in lieu of and while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;

(23) failure to furnish the board, its e e 17 investigators or representatives with information requested by e e n d 18 the board;

= = l ] 19 (24) abandonment of patients;

a l r i 20 (25) being found mentally incompetent or t e a t insane by a court of competent jurisdiction;

m m 21 e d r e 22 (26) injudicious prescribing, administering or c e r c 23 dispensing of a drug or medicine;

e a n b 24 (27) failure to adequately supervise, as u [ provided by board rule, a medical or surgical assistant or .223351.1 - 11 - technician or professional licensee who renders health care;

e t 17 (28) sexual contact with a patient or person w l n d 18 who has authority to make medical decisions for a patient, = = 19 other than the spouse of the licensee;

a l i a e r 20 (29) conduct unbecoming in a person licensed a t m m 21 to practice or detrimental to the best interests of the public;

d r e 22 (30) the surrender of a license or withdrawal c e s k 23 of an application for a license before another state licensing e a n b 24 board while an investigation or disciplinary action is pending u [ before that board for acts or conduct similar to acts or .225417.1 - 12 - SHPAC/SB 256 conduct that would constitute grounds for action pursuant to this section;

(32) sexual contact with a patient when the e e 17 licensee uses or exploits treatment, knowledge, emotions or e e n d 18 influence derived from the current or previous professional = = l ] 19 relationship;

a l r i 20 (33) improper management of medical records, t e a t including failure to maintain timely, accurate, legible and m m 21 e d r e 22 complete medical records;

c e r c 23 (34) failure to provide pertinent and e a n b 24 necessary medical records to a physician or patient of the u [ physician in a timely manner when legally requested to do so by .223351.1 - 12 - the patient or by a legally designated representative of the e t 17 patient;

w l n d 18 (35) undertreatment of pain as provided by = = 19 board rule;

a l i a e r 20 (36) interaction with physicians, hospital a t m m 21 personnel, patients, family members or others that interferes d r e 22 with patient care or could reasonably be expected to adversely c e s k 23 impact the quality of care rendered to a patient;

e a n b 24 (37) soliciting or receiving compensation by a u [ physician assistant or anesthesiologist assistant from a person .225417.1 - 13 - SHPAC/SB 256 who is not an employer of the assistant;

or[or] (39) the use of conversion therapy [onon a minor].minor;

or (40) the use of aversive therapy or conditioning in conversion therapy.

e e 17 (1) "conversion"aversive therapy"therapy means any practice or econditioning" emeans nconduct din 18behavioral treatmenttherapy thatcausing seeksphysical tostimuli changein athe person'spatient sexualwith orientationthe oraim = = l ] 19 gender identity, including any effort to change behaviors or a l r i 20 gender expressions or to eliminate or reduce sexual or romantic t e a t attractions or feelings toward persons of thereducing sameunwanted sex.behavior;

m[(1)] m(2) 21"conversion etherapy" dmeans rany epractice 22or "Conversiontreatment therapy"that doesseeks notto mean:change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of e t 17 the same sex.

c"Conversion etherapy" rdoes cnot 23mean: (a) counseling or mental health services e a n b 24 that provide acceptance, support and understanding of a person u [ without seeking to change gender identity or sexual .223351.1 - 13 - orientation;

orw (b)l mentaln healthd services18 that(a) facilitatecounseling aor person'smental coping,health socialservices support,= sexual= orientation19 orthat genderprovide identityacceptance, explorationsupport and development,understanding includingof ana interventionperson toa preventl ori addressa unlawfule conductr or20 unsafe sexual practices, without seeking to change gender identity or sexual a t m m 21 orientation;

(2)or "feed splitting"r includese offering,22 delivering,(b) receivingmental orhealth acceptingservices anythat unearnedc rebate,e refunds,s commissionk preference,23 patronagefacilitate dividend,a discountperson's orcoping, othersocial unearnedsupport, consideration,sexual whethere ina then formb of24 moneyorientation or otherwise,gender asidentity compensationexploration orand inducementdevelopment, foru referring[ patients,including clientsan orintervention customers to aprevent person,or irrespectiveaddress ofunlawful any.225417.1 membership,- proprietary14 interest- orSHPAC/SB co-ownership256 inconduct or withunsafe asexual personpractices, towithout whomseeking theto patients,change clientsgender identity or customerssexual areorientation; referred;

[(2)] (3) "gender"fee identity"splitting" meansincludes aoffering, person'sdelivering, self-receiving eor eaccepting 17any perception,unearned orrebate, perceptionrefunds, ofcommission thatpreference, personpatronage bydividend, another,discount ofor theother eunearned econsideration, nwhether din 18the person'sform identityof asmoney a male or femaleotherwise, basedas uponcompensation theor person'sinducement =for =referring lpatients, ]clients 19or appearance,customers behaviorto ora physicalperson, characteristicsirrespective thatof areany inmembership, aproprietary linterest ror ico-ownership 20in accordor with ora opposedperson to whom the person'spatients, physicalclients anatomy, t e a t chromosomal sex or sexcustomers atare birth;referred;

and[(3)] m(4) m"gender 21identity" e[means da rperson's eself-?perception, 22or [(4)perception "minor"of meansthat person by another, of the person's identity as a personmale underor eighteenfemale cbased upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth] has the same meaning as set e rt c17 23forth yearsin ofSection age;28-1-2 NMSA 1978;

andw el a n bd 2418 (5)][(4)] (4)(5) "sexual"minor" orientation" means ua [person heterosexuality,under homosexuality= or= bisexuality,19 whethereighteen actualyears .223351.1of -age; 14 - or perceived.

F.and a l i a e r 20 [(5)] (6) "sexual orientation" [means a t m m 21 heterosexuality, homosexuality or bisexuality, whether actual d r e 22 or perceived] has the same meaning as set forth in Section c e s k 23 28-1-2 NMSA 1978.

Licenseese whose licenses are in a probationaryn statusb shall24 payF. reasonable expenses for maintaining probationary status, including laboratory costs when laboratory ] is included as a condition testing of biological fluids [are of probation." SECTION 4.

Licensees whose licenses are in a probationary u [ status shall pay reasonable expenses for maintaining .225417.1 - 15 - SHPAC/SB 256 probationary status, including laboratory costs when laboratory testing of biological fluids [are] is included as a condition of probation." SECTION 4.

In accordance with the Uniform Licensing Act, the board, by an affirmative vote of at least five of its eight members, shall withhold, deny, revoke or suspend a psychologist or psychologist associate license issued or applied for in accordance with the provisions of the Professional Psychologist Act or otherwise discipline a psychologist or psychologist associate upon proof that the applicant, psychologist or e e 17 psychologist associate:

e e n d 18 (1) has been convicted of a felony or an = = l ] 19 offense involving moral turpitude, the record of conviction ae lt r17 i 20 being conclusive evidence thereof;

tw el an td 18 (2) is using a drug, substance or alcoholic m= m= 2119 e d r e 22 beverage to an extent or in a manner dangerous to the ca l i a e r c20 23 psychologist or psychologist associate, any other person or the e a nt bm 24m 21 public or to an extent that the use impairs the psychologist's ud [r e 22 or psychologist associate's ability to perform the work of a .223351.1c -e 15s -k 23 professional psychologist or psychologist associate with safety e a n b 24 to the public;

u [ (3) has impersonated another person holding a .225417.1 - 16 - SHPAC/SB 256 psychologist or psychologist associate license or allowed another person to use the psychologist's or psychologist associate's license;

(6) has allowed the psychologist's or psychologist associate's name or license issued under the Professional Psychologist Act to be used in connection with a person who performs psychological services outside of the area e e 17 of that person's training, experience or competence;

e e n d 18 (7) is legally adjudicated insane or mentally = = l ] 19 incompetent, the record of such adjudication being conclusive ae lt r17 i 20 evidence thereof;

tw el an td 18 (8) has willfully or negligently violated the m= m= 2119 e d r e 22 provisions of the Professional Psychologist Act;

ca l i a e r c20 23 (9) has violated any code of conduct adopted e a nt bm 24m 21 by the board;

ud [r e 22 (10) has been disciplined by another state for .223351.1c -e 16s -k 23 acts similar to acts described in this subsection, and a e a n b 24 certified copy of the record of discipline of the state u [ imposing the discipline is conclusive evidence;

.225417.1 - 17 - SHPAC/SB 256 (11) is incompetent to practice psychology;

or (d) a court for actions or conduct similar to acts or conduct that would constitute grounds for e e 17 action as described in this subsection;

e e n d 18 (15) has failed to report to the board = = l ] 19 surrender of a license or other authorization to practice ae lt r17 i 20 psychology in another jurisdiction or surrender of membership tw el an td 18 on a health care staff or in a professional association m= m= 2119 e d r e 22 following a disciplinary investigation, or in lieu of or while ca l i a e r c20 23 under a disciplinary investigation, by any of those authorities e a nt bm 24m 21 for acts or conduct that would constitute grounds for action as ud [r e 22 defined in this subsection;

.223351.1c -e 17s -k 23 (16) has failed to adequately supervise a e a n b 24 psychologist associate or a licensed psychologist holding a u [ conditional prescription certificate;

.225417.1 - 18 - SHPAC/SB 256 (17) has employed abusive billing practices;

or[or] (19) uses conversion therapy [onon a minorminor; ].

or (20) uses aversive therapy or conditioning in conversion therapy.

(1) "conversion"aversive therapy"therapy means any practice or treatmentconditioning" thatmeans seeksconduct toin changebehavioral atherapy person'scausing sexualphysical orientationstimuli orin genderthe identity,patient includingwith anythe effortaim to change behaviors or e e 17 gender expressions or to eliminate or reduce sexual or romantic e e n d 18 attractions or feelings toward persons of thereducing sameunwanted sex.behavior;

[(1)] (2) "conversion therapy" means any e t 17 practice or treatment that seeks to change a person's sexual w l n d 18 orientation or gender identity, including any effort to change = = 19 behaviors or gender expressions or to eliminate or reduce a l ]i 19a "Conversione therapy"r does20 notsexual mean:or romantic attractions or feelings toward persons of a t m m 21 the same sex.

a"Conversion ltherapy" rdoes inot 20mean: (a) counseling or mental health services t e a t that provide acceptance, support and understanding of a person m m 21 e d r e 22 without seeking to change gender identity or sexual c e r c 23 orientation;

ord r e a22 n(a) bcounseling 24or (b) mental health services thatc ue [s facilitatek a23 person'sthat coping,provide socialacceptance, support,support sexual .223351.1 - 18 - orientation or gender identity exploration and development,understanding includingof ana interventionperson toe preventa orn addressb unlawful24 conduct or unsafe sexual practices, without seeking to change gender identity or sexual u [ orientation;

(2)or "gender.225417.1 identity"- means19 a- person'sSHPAC/SB self-perception,256 or(b) perceptionmental ofhealth services that personfacilitate bya another, of the person's identitycoping, associal asupport, malesexual orientation or femalegender basedidentity uponexploration theand person'sdevelopment, appearance,including behavioran orintervention physicalto characteristicsprevent thator areaddress inunlawful accordconduct with or opposedunsafe tosexual thepractices, person'swithout physicalseeking anatomy,to chromosomalchange sexgender identity or sexsexual atorientation; birth;

and[(2)] [(3)(3) "minor""gender meansidentity" [means a personperson's underself-perception, eighteenor yearsperception of age;that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth] has the same meaning as set forth in Section 28-1-2 NMSA 1978;

and[(3)] (4)](4) (3)"minor" "sexual orientation" means heterosexuality,a homosexualityperson orunder bisexuality,eighteen whetheryears actualof orage; perceived." SECTION 5.

Sectionand 61-9A-26[(4)] NMSA(5) 1978"sexual (beingorientation" Laws[means 1993, e et 17 Chapterheterosexuality, 49,homosexuality Sectionor 26,bisexuality, whether actual w l n d 18 or perceived] has the same meaning as amended)set isforth amendedin toSection read:= = 19 28-1-2 NMSA 1978." a l i a e r 20 SECTION 5.

eSection e61-9A-26 nNMSA d1978 18(being "61-9A-26.Laws 1993, a t m m 21 Chapter 49, Section 26, as amended) is amended to read:

LICENSEd AND REGISTRATION--DENIAL, SUSPENSION = = l ] 19 AND REVOCATION.-- a l r ie 2022 A."61-9A-26.

InLICENSE accordanceAND withREGISTRATION--DENIAL, theSUSPENSION procedures established by t e a t the Uniform Licensing Act, the board may deny, suspend or m m 21 e d r e 22 revoke any license or registration held or applied for under c e rs ck 23 theAND CounselingREVOCATION.-- and Therapy Practice Act, or take any other e a n b 24 actionA. provided for in the Uniform Licensing Act, upon grounds u [ that the licensee, registrant or applicant:

.223351.1In -accordance 19with -the (1)procedures isestablished guiltyby ofu fraud,[ deceitthe orUniform misrepresentationLicensing inAct, procuringthe board may deny, suspend or attempting.225417.1 to- procure20 - SHPAC/SB 256 revoke any license or registration providedheld or applied for inunder the Counseling and Therapy Practice Act;Act, or take any other action provided for in the Uniform Licensing Act, upon grounds that the licensee, registrant or applicant:

(1) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license or registration provided for in the Counseling and Therapy Practice Act;

(5) has illicitly been using any controlled substances, as defined in the Controlled Substances Act, or e t 17 using a mood-altering substance or alcoholic beverage to an w l n d 18 extent or in a manner dangerous to the licensee, registrant or = = 19 applicant or any other person or the public or to an extent a l i a e r 20 that the use impairs the licensee's, registrant's or ea et 17m m 21 applicant's ability to perform the work of a counselor or ed r e n22 d 18 therapist practitioner;

=c =e ls ]k 1923 (6) has violated any provision of the e a ln rb i24 20 Counseling and Therapy Practice Act or regulations adopted by tu e[ a t the board;

m.225417.1 m- 21 e- dSHPAC/SB r256 e 22 (7) is grossly negligent in practice as a c e r c 23 professional counselor or therapist practitioner;

e a n b 24 (8) willfully or negligently divulges a u [ professional confidence;

.223351.1 - 20 - (9) demonstrates marked incompetence in practice as a professional counselor or therapist practitioner;

or[or] (12) uses conversion therapy [onon a minorminor; ].

B.or (13) uses aversive therapy or conditioning in e t 17 conversion therapy.

Aw certifiedl copyn ofd the18 recordB. of conviction shall be conclusive evidence of such conviction.

C.A certified copy of the record of conviction = = 19 shall be conclusive evidence of such conviction.

Disciplinarya proceedingsl mayi bea instituted by the sworn complaint of any person, including members of the board, and shall conform to the provisions of the Uniform e er 1720 LicensingC. Act.

AnyDisciplinary partyproceedings tomay be instituted by a hearingt maym obtainm a21 copythe sworn complaint of any person, including members of the ed r e n22 dboard, 18and hearingshall recordconform uponto paymentthe provisions of coststhe forUniform suchc copy.e s k 23 Licensing Act.

=Any =party lto ]a 19hearing D.may obtain a copy of the e a n b 24 hearing record upon payment of costs for such copy.

Au person[ whoD. violates any provision of the a l r i 20 Counseling and Therapy Practice Act is guilty of a misdemeanor t e a t and upon conviction shall be punished as provided in Section m m 21 e d r e 22 31-19-1 NMSA 1978.

cA eperson rwho cviolates 23any E.provision of the .225417.1 - 22 - SHPAC/SB 256 Counseling and Therapy Practice Act is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 31-19-1 NMSA 1978.

E.

e a n b 24 (1) "conversion"aversive therapy"therapy means any practice or uconditioning" [means treatmentconduct thatin seeksbehavioral totherapy changecausing aphysical person'sstimuli sexualin orientationthe orpatient .223351.1with -the 21aim - gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of thereducing sameunwanted sex.behavior;

[(1)] (2) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex.

(a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual e t 17 orientation;

or w l n d 18 (b) mental health services that = = 19 facilitate a person's coping, social support, sexual a l i a e r 20 orientation or gender identity exploration and development, a t m m 21 including an intervention to prevent or address unlawful d r e 22 conduct or unsafe sexual practices, without seeking to change c e s k 23 gender identity or sexual orientation;

(2)e a n b 24 [(2)] (3) "gender identity" means[means a person's self-u perception,[ self-perception, or perception of that person by another, of the.225417.1 e- e23 17- SHPAC/SB 256 the person's identity as a male or female based upon the person's e e n d 18 appearance, behavior or physical characteristics that are in = = l ] 19 accord with or opposed to the person's physical anatomy, a l r i 20 chromosomal sex or sex at birth;birth] has the same meaning as set forth in Section 28-1-2 NMSA 1978;

and[(3)] t(4) e a t [(3) "minor" means a person under eighteen m m 21 e d r e 22 years of age;

and c[(4)] e(5) r c 23 (4)] (3) "sexual orientation" means[means e a n b 24 heterosexuality, homosexuality or bisexuality, whether actual uor [perceived] orhas perceived."the .223351.1same -meaning 22as -set forth in Section 28-1-2 NMSA 1978." SECTION 6.

In accordance with procedures contained in the Uniform Licensing Act, the board may deny, revoke or suspend e t 17 any license held or applied for under the Social Work Practice w l n d 18 Act, upon grounds that the licensee or applicant:

= = 19 (1) is guilty of fraud, deceit or a l i a e r 20 misrepresentation in procuring or attempting to procure any a t m m 21 license or certification provided for in the Social Work d r e 22 Practice Act;

c e s k 23 (2) has been adjudicated as mentally e a n b 24 incompetent by regularly constituted authorities;

u [ (3) has been convicted of a felony;

.225417.1 - 24 - SHPAC/SB 256 (4) is guilty of unprofessional or unethical conduct;

e e 17 (5) is habitually or excessively using e e n d 18 controlled substances or alcohol;

= = l ] 19 (6) has repeatedly and persistently violated a l r i 20 any of the provisions of the Social Work Practice Act or t e a t regulations of New Mexico or any other state or territory and m m 21 e d r e 22 has been convicted thereof;

c e r c 23 (7) has been convicted of the commission of e a n b 24 any illegal operation;

u [ (8) is grossly negligent or incompetent in the .223351.1 - 23 - practice of social work;

A e t 17 certified copy of the record of the jurisdiction, territory or w l n d 18 possession of the United States or another country making such = = 19 revocation, suspension or denial shall be conclusive evidence a l i a e r 20 thereof;

or[or] a t m m 21 (10) uses conversion therapy [onon a minorminor; ].

B.or d r e 22 (11) uses aversive therapy or conditioning in c e s k 23 conversion therapy.

Disciplinarye proceedingsa mayn beb instituted24 byB. sworn complaint of any person, including members of the board, and shall conform with the provisions of the Uniform Licensing Act.

Disciplinary proceedings may be instituted by u [ sworn complaint of any person, including members of the board, .225417.1 - 25 - SHPAC/SB 256 and shall conform with the provisions of the Uniform Licensing Act.

e e 17 (1) "conversion"aversive therapy"therapy means any practice or econditioning" emeans nconduct din 18behavioral treatmenttherapy thatcausing seeksphysical tostimuli changein athe person'spatient sexualwith orientationthe oraim = = l ] 19 gender identity, including any effort to change behaviors or a l r i 20 gender expressions or to eliminate or reduce sexual or romantic t e a t attractions or feelings toward persons of thereducing sameunwanted sex.behavior;

m[(1)] m(2) 21"conversion etherapy" dmeans rany epractice 22or "Conversiontreatment therapy"that doesseeks notto mean:change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex.

c"Conversion etherapy" rdoes cnot 23mean: (a) counseling or mental health services e a n b 24 that provide acceptance, support and understanding of a person u [ without seeking to change gender identity or sexual .223351.1 - 24 - orientation;

or(a) (b)counseling or mental health services that facilitateprovide aacceptance, person'ssupport coping, social support, sexual orientation or gender identity exploration and development,understanding includingof ana interventionperson to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual e t 17 orientation;

(2)or "genderw identity"l meansn d 18 (b) mental health services that = = 19 facilitate a person's self-coping, perception,social orsupport, perceptionsexual ofa thatl personi bya another,e ofr the20 person'sorientation or gender identity asexploration and development, a malet orm femalem based21 uponincluding thean person'sintervention appearance,to behaviorprevent or physicaladdress characteristicsunlawful thatd arer ine accord22 withconduct or opposedunsafe sexual practices, without seeking to thechange person'sc physicale anatomy,s chromosomalk sex23 orgender sexidentity ator birth;sexual orientation;

ande [(3)a "minor"n meansb 24 [(2)] (3) "gender identity" [means a personperson's underu eighteen[ yearsself-perception, or perception of age;that person by another, of .225417.1 - 26 - SHPAC/SB 256 the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth] has the same meaning as set forth in Section 28-1-2 NMSA 1978;

and[(3)] (4)](4) (3)"minor" "sexual orientation" means e e 17 heterosexuality, homosexuality or bisexuality, whether actual e e n d 18 or perceived." = = l ] 19 - 25 - a lperson runder ieighteen 20years tof eage; a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .223351.1

and [(4)] (5) "sexual orientation" [means heterosexuality, homosexuality or bisexuality, whether actual or perceived] has the same meaning as set forth in Section 28-1-2 NMSA 1978." - 27 - 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225417.1