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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0691.01 Chelsea Princell x4335 HOUSE BILL 26-1322
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING CIVIL ACTIONS AG AINST CERTAIN INDIVIDUALS101
ENGAGING IN CONVERSION THERAPY EFFORTS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill establishes a cause of action for claims of injury caused
by sexual orientation or gender identity change efforts (efforts) against a
mental health professional and allows the cause of action to be
commenced at any time without limitation.
The bill applies to a cause of action brought against a licensed
mental health professional who conducted the efforts; an individual or
HOUSE
3rd Reading Unamended
April 2, 2026
HOUSE
Amended 2nd Reading
April 1, 2026
HOUSE SPONSORSHIP
Valdez and McCormick, Bacon, Boesenecker, Brown, Camacho, Carter, Clifford, Duran,
Froelich, Garcia, Gilchrist, Goldstein, Hamrick, Joseph, Lieder, Lindsay, Mabrey, Martinez,
Mauro, McCluskie, Nguyen, Paschal, Rutinel, Rydin, Sirota, Smith, Stewart K., Stewart R.,
Story, Titone, Velasco, Willford, Woodrow, Zokaie
SENATE SPONSORSHIP
Cutter and Mullica,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
entity that hired, supervised, or otherwise exercised authority over the
mental health professional; and a person who negligently hired,
supervised, or retained a licensed mental health professional to engage in
the efforts.
The bill permits the injured individual, or the individual's personal
representative or estate if the individual is deceased, to be awarded
economic, noneconomic, and exemplary damages and sets forth the
manner in which causation may be established to show a connection
between the efforts the individual underwent and the harm the individual
suffers.
The bill states what an expert witness may address in the expert's
testimony regarding the efforts the individual underwent and the harm the
individual suffered.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The American Psychological Association, the American4
Psychiatric Association, the American Academy of Pediatrics, the5
American Medical Association, the American Counseling Association,6
the American Academy of Child and Adolescent Psychiatry, the7
American School Counselor Association, the National Association of8
Social Workers, and other mental health and medical organizations in the9
United States have determined that efforts to change an individual's10
sexual orientation or gender identity are harmful and ineffective;11
(b) In 2009, the American Psychological Association Task Force12
on Appropriate Therapeutic Responses to Sexual Orientation conducted13
a systematic review of peer-reviewed research and concluded that sexual14
orientation change efforts are unlikely to be successful and involve risk15
of harm, including depression, suicidality, and anxiety;16
(c) In 2021, the American Psychological Association adopted a17
resolution calling for the elimination of sexual orientation and gender18
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identity change efforts, concluding that sexual orientation and gender1
identity change efforts are harmful and ineffective in changing a person's2
sexual orientation or gender identity;3
(d) The scientific and clinical consensus establishes that sexual4
orientation or gender identity change efforts pose serious risks of harm to5
patients, including depression, guilt, helplessness, hopelessness, shame,6
social withdrawal, suicidality, substance abuse, stress, self-blame,7
decreased self-esteem, feelings of anger and betrayal, loss of religious8
faith, alienation from family, problems in sexual and emotional intimacy,9
sexual dysfunction, high-risk sexual behaviors, feelings of being10
dehumanized, and a sense of having wasted time and resources;11
(e) The psychological harm caused by sexual orientation or gender12
identity change efforts often do not manifest until years or decades after13
the efforts occurred. Survivors frequently fail to recognize such treatment14
as harmful and fail to connect their psychological injuries to the treatment15
until much later in life or are deterred from coming forward by shame16
instilled by the treatment itself.17
(f) The dynamics of the therapeutic relationship, including the18
trust placed on mental health professionals, the age and vulnerability of19
patients, the authority exercised by professionals, and the shame and20
internalized stigma resulting from such treatment, create barriers to timely21
disclosure and recognition of harm similar to those recognized by this22
state in the context of childhood sexual abuse;23
(g) The existing statute of limitations for professional negligence24
does not adequately account for the delayed recognition of psychological25
injury that is characteristic of harm caused by sexual orientation or gender26
identity change efforts;27
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(h) The psychological harms described in this declaration result1
from efforts to direct a patient toward a predetermined outcome regarding2
the patient's sexual orientation or gender identity, regardless of the nature3
of that predetermined outcome;4
(i) In cases involving latent injuries where there is scientific5
consensus regarding harmfulness, Colorado law should allow plaintiffs6
to establish causation by demonstrating that exposure to the harmful7
conduct was, in reasonable medical probability, a substantial factor8
contributing to the risk of developing the injury or illness, without9
requiring proof of the precise mechanism by which the harm occurred.10
This causation framework is appropriate for claims arising from sexual11
orientation or gender identity change efforts, given the scientific12
consensus regarding the harmfulness of such efforts and the latent nature13
of the resulting psychological injuries.14
(j) The general assembly has previously recognized, in enacting15
Senate Bill 21-073, that survivors of sexual misconduct frequently do not16
recognize or connect their psychological injuries to the underlying17
conduct until well into adulthood and that an extended limitations period18
is appropriate to account for this delayed recognition. The same19
considerations apply to survivors of sexual orientation or gender identity20
change efforts.21
(k) It is the intent of the general assembly to provide individuals22
who suffer harm as a result of sexual orientation or gender identity23
change efforts with adequate time to seek civil remedies for the harms24
they have suffered.25
SECTION 2. In Colorado Revised Statutes, add 13-20-1302 as26
follows:27
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13-20-1302. Actions based on sexual orientation or gender1
identity change efforts - limitation - causation - damages - legislative2
intent - definitions.3
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES:5
(a) "LICENSED MENTAL HEALTH PROFESSIONAL" MEANS A MENTAL6
HEALTH PROVIDER WHO HOLDS OR HELD A VALID LICENSE, CERTIFICATION,7
OR REGISTRATION ISSUED PURSUANT TO ARTICLE 245 OF TITLE 12 AT THE8
TIME THE SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS9
OCCURRED.10
(b) (I) "S EXUAL ORIENTATION OR GENDER IDENTITY CHANGE11
EFFORTS" MEANS ANY PRACTICE BY A LICENSED MENTAL HEALTH12
PROFESSIONAL THAT SEEKS TO DIRECT A PATIENT TOWARD A13
PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME,14
INCLUDING EFFORTS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION15
OR GENDER IDENTITY, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC16
ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF A PARTICULAR SEX17
OR GENDER , REGARDLESS OF THE SEXUAL ORIENTATION OR GENDER18
IDENTITY THE PATIENT IS DIRECTED TOWARD.19
(II) "S EXUAL ORIENTATION OR GENDER IDENTITY CHANGE20
EFFORTS" DOES NOT INCLUDE:21
(A) C OUNSELING OR THERAPY THAT ASSISTS A PATIENT IN22
EXPLORING OR ALIGNING THEIR GENDER IDENTITY;23
(B) C OUNSELING OR THERAPY THAT PROVIDES ACCEPTANCE ,24
SUPPORT, AND UNDERSTANDING OF A PATIENT OR FACILITATES A PATIENT'S25
COPING , SOCIAL SUPPORT , AND IDENTITY EXPLORATION AND26
DEVELOPMENT, WITHOUT SEEKING TO DIRECT THE PATIENT TOWARD A27
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PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME;1
(C) COUNSELING OR THERAPY THAT IS NEUTRAL WITH RESPECT TO2
SEXUAL ORIENTATION AND GENDER IDENTITY AND THAT DOES NOT SEEK3
TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION4
OR GENDER IDENTITY OUTCOME; OR5
(D) COUNSELING OR THERAPY RELATED TO A PATIENT 'S SEXUAL6
BEHAVIORS, PRACTICES , OR RELATIONSHIPS , PROVIDED THAT THE7
COUNSELING OR THERAPY DOES NOT SEEK TO DIRECT THE PATIENT8
TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY.9
(2) (a) A PERSON WHO SUFFERED AN INJURY AS A RESULT OF10
SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS MAY BRING11
A CIVIL ACTION FOR DAMAGES AGAINST A PERSON DESCRIBED IN12
SUBSECTION (3) OF THIS SECTION.13
(b) N OTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS14
SPECIFIED IN ARTICLE 80 OF THIS TITLE 13 OR ANY OTHER PROVISION OF15
LAW THAT CAN BE CONSTRUED TO LIMIT THE TIME PERIOD TO COMMENCE16
AN ACTION DESCRIBED IN THIS SECTION , A CIVIL ACTION TO RECOVER17
DAMAGES FOR THE PROVISION OF SEXUAL ORIENTATION OR GENDER18
IDENTITY CHANGE EFFORTS MAY BE COMMENCED AT ANY TIME WITHOUT19
LIMITATION.20
(3) T HIS SECTION APPLIES TO ACTIONS BROUGHT AGAINST THE21
FOLLOWING:22
(a) A LICENSED MENTAL HEALTH PROFESSIONAL WHO ENGAGES IN23
SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS;24
(b) A PERSON WHO EMPLOYED , SUPERVISED , OR OTHERWISE25
EXERCISED AUTHORITY OVER THE LICENSED MENTAL HEALTH26
PROFESSIONAL AND THE PERSON OR ENTITY:27
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(I) KNEW OR HAD REASON TO KNOW THAT THE LICENSED MENTAL1
HEALTH PROFESSIONAL ENGAGED IN OR WAS LIKELY TO ENGAGE IN SEXUAL2
ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS; AND3
(II) FAILED TO TAKE REASONABLE STEPS TO PREVENT OR STOP THE4
LICENSED MENTAL HEALTH PROFESSIONAL FROM ENGAGING IN SEXUAL5
ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS; OR6
(c) A PERSON WHO NEGLIGENTLY HIRED , SUPERVISED , OR7
RETAINED A LICENSED MENTAL HEALTH PROFESSIONAL WHO ENGAGED IN8
OR WAS LIKELY TO ENGAGE IN SEXUAL ORIENTATION OR GENDER IDENTITY9
CHANGE EFFORTS.10
(4) I N AN ACTION BROUGHT PURSUANT TO THIS SECTION , THE11
PLAINTIFF MAY RECOVER DAMAGES THAT INCLUDE:12
(a) ECONOMIC DAMAGES;13
(b) NONECONOMIC DAMAGES;14
(c) EXEMPLARY DAMAGES IF THE CONDUCT OF THE DEFENDANT15
WAS WILLFUL OR WANTON, AS PROVIDED IN SECTION 13-21-102; AND16
(d) ANY OTHER DAMAGES DEEMED APPROPRIATE BY THE COURT.17
(5) (a) I N AN ACTION BROUGHT PURSUANT TO THIS SECTION ,18
CAUSATION MAY BE ESTABLISHED AS FOLLOWS:19
(I) G ENERAL CAUSATION MAY BE ESTABLISHED BY EXPERT20
TESTIMONY , SCIENTIFIC LITERATURE , OR OTHER EVIDENCE21
DEMONSTRATING THAT SEXUAL ORIENTATION OR GENDER IDENTITY22
CHANGE EFFORTS ARE CAPABLE OF CAUSING THE TYPE OF PSYCHOLOGICAL23
INJURY OR ILLNESS THE PLAINTIFF SUFFERS; AND24
(II) O NCE GENERAL CAUSATION IS ESTABLISHED , THE TRIER OF25
FACT MAY INFER SPECIFIC CAUSATION FROM EVIDENCE THAT THE26
PLAINTIFF WAS SUBJECTED TO SEXUAL ORIENTATION OR GENDER IDENTITY27
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CHANGE EFFORTS AND SUBSEQUENTLY EXPERIENCED THE TYPE OF1
PSYCHOLOGICAL INJURY OR ILLNESS THAT SEXUAL ORIENTATION OR2
GENDER IDENTITY CHANGE EFFORTS ARE CAPABLE OF CAUSING , UNLESS3
THE DEFENDANT ESTABLISHES, BY A PREPONDERANCE OF THE EVIDENCE,4
THAT THE PLAINTIFF'S PSYCHOLOGICAL INJURY OR ILLNESS WAS CAUSED5
SOLELY BY OTHER FACTORS UNRELATED TO THE SEXUAL ORIENTATION OR6
GENDER IDENTITY CHANGE EFFORTS.7
(b) IN DETERMINING WHETHER SEXUAL ORIENTATION OR GENDER8
IDENTITY CHANGE EFFORTS ARE A SUBSTANTIAL FACTOR IN CAUSING THE9
PLAINTIFF'S INJURY , THE TRIER OF FACT MAY CONSIDER THE NATURE ,10
DURATION, AND INTENSITY OF THE SEXUAL ORIENTATION OR GENDER11
IDENTITY CHANGE EFFORTS , THE AGE AND VULNERABILITY OF THE12
PLAINTIFF AT THE TIME THE SEXUAL ORIENTATION OR GENDER IDENTITY13
CHANGE EFFORTS TOOK PLACE , THE RELATIONSHIP BETWEEN THE14
PLAINTIFF AND THE MENTAL HEALTH PROFESSIONAL , THE TEMPORAL15
RELATIONSHIP BETWEEN THE SEXUAL ORIENTATION OR GENDER IDENTITY16
CHANGE EFFORTS AND THE ONSET OR EXACERBATION OF SYMPTOMS, AND17
ANY OTHER RELEVANT FACTORS.18
(6) (a) I N AN ACTION BROUGHT PURSUANT TO THIS SECTION ,19
EXPERT TESTIMONY REGARDING THE GENERAL PSYCHOLOGICAL EFFECTS20
OF SEXUAL ORIENTATION OR GENDER IDENTITY C HANGE EFFORTS IS21
ADMISSIBLE TO ESTABLISH THE TYPES OF HARM SEXUAL ORIENTATION OR22
GENDER IDENTITY CHANGE EFFORTS ARE KNOWN TO CAUSE . EXPERT23
TESTIMONY MAY ADDRESS:24
(I) T HE SCIENTIFIC AND CLINICAL CONSENSUS REGARDING THE25
HARMFULNESS OF SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE26
EFFORTS;27
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(II) THE TYPES OF PSYCHOLOGICAL INJURIES COMMONLY CAUSED1
BY SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS;2
(III) T HE TYPICAL LATENCY PERIOD BETWEEN SEXUAL3
ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS AND THE4
MANIFESTATION OR RECOGNITION OF PSYCHOLOGICAL HARM; AND5
(IV) WHETHER INDIVIDUALS WHO UNDERGO SEXUAL ORIENTATION6
OR GENDER IDENTITY CHANGE EFFORTS EXPERIENCE DELAYED7
RECOGNITION OF HARM , INCLUDING SHAME AND THE DYNAMICS OF THE8
THERAPEUTIC RELATIONSHIP.9
(b) THIS SUBSECTION (6) DOES NOT LIMIT THE ADMISSIBILITY OF10
OTHER RELEVANT EXPERT TESTIMONY ON CAUSATION OR DAMAGES.11
(7) (a) T HE CAUSE OF ACTION DESCRIBED IN THIS SECTION12
SURVIVES THE DEATH OF THE PERSON WHO UNDERWENT SEXUAL13
ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS AND MAY BE14
BROUGHT OR MAINTAINED BY THE PERSON'S PERSONAL REPRESENTATIVE15
OR ESTATE. THE PERSON 'S DEATH MAY CONSTITUTE AN INJURY FOR THE16
PURPOSES OF THIS SECTION.17
(b) NOTWITHSTANDING THE STATUTE OF LIMITATIONS DESCRIBED18
IN SECTION 13-80-112, AN ACTION BROUGHT AS A SURVIVAL ACTION19
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION MUST BE BROUGHT20
WITHIN FIVE YEARS AFTER THE PERSON'S DEATH.21
(c) NOTWITHSTANDING THE LIMITATION ON DAMAGES IN SECTION22
13-20-101 (1), THE PERSON'S PERSONAL REPRESENTATIVE OR ESTATE MAY23
RECOVER ALL DAMAGES AVAILABLE PURSUANT TO SUBSECTION (4) OF THIS24
SECTION IN AN ACTION BROUGHT OR MAINTAINED PURSUANT TO THIS25
SUBSECTION (7).26
(8) THIS SECTION DOES NOT LIMIT OR RESTRICT ANY OTHER CAUSE27
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OF ACTION OR REMEDY AVAILABLE TO A PERSON INJURED BY SEXUAL1
ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS.2
(9) I T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS3
SECTION BE INTERPRETED BROADLY TO EFFECTUATE ITS REMEDIAL4
PURPOSE OF PROVIDING CIVIL REMEDIES TO PERSONS HARMED BY SEXUAL5
ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS.6
(10) THIS SECTION APPLIES TO CAUSES OF ACTION ACCRUING ON OR7
AFTER JULY 1, 2026, AND TO CAUSES OF ACTION ACCRUING BEFORE JULY8
1, 2026, IF THE APPLICABLE STATUTE OF LIMITATIONS, AS IT EXISTED PRIOR9
TO JULY 1, 2026, HAS NOT YET RUN ON JULY 1, 2026.10
SECTION 3. In Colorado Revised Statutes, 12-245-202, amend11
(3.5) as follows:12
12-245-202. Definitions.13
As used in this article 245, unless the context otherwise requires:14
(3.5) (a) "Conversion therapy" means any practice or treatment by15
a licensee, registrant, or certificate holder that attempts or purports to16
change an individual's sexual orientation or gender identity, including17
efforts to change behaviors or gender expressions or to eliminate or18
reduce sexual or romantic attraction or feelings toward individuals of the19
same sex MEANS ANY PRACTICE OR TREATMENT BY A LICENSED MENTAL20
HEALTH-CARE PROVIDER THAT SEEKS TO DIRECT A PATIENT TOWARD A21
PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME,22
INCLUDING EFFORTS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION23
OR GENDER IDENTITY, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC24
ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF A PARTICULAR SEX25
OR GENDER, REGARDLESS OF THE SEXUAL ORIENTATION OR GENDER26
IDENTITY THE PATIENT IS DIRECTED TOWARD.27
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(b) "Conversion therapy" does not include practices or treatments1
that provide INCLUDE:2
(I) Acceptance, support, and understanding for the facilitation of3
an individual's coping, social support, and identity exploration and4
development, including sexual-orientation-neutral interventions to5
prevent or address unlawful conduct or unsafe sexual practices, as long6
as the counseling does not seek to change sexual orientation or gender7
identity; or COUNSELING OR THERAPY THAT ASSISTS A PATIENT IN8
EXPLORING OR ALIGNING WITH THEIR GENDER IDENTITY;9
(II) Assistance to a person undergoing gender transition.10
COUNSELING OR THERAPY THAT PROVIDES ACCEPTANCE , SUPPORT, AND11
UNDERSTANDING OF A PATIENT OR FACILITATES A PATIENT 'S COPING,12
SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOPMENT,13
WITHOUT SEEKING TO DIRECT THE PATIENT TOWARD A PREDETERMINED14
SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME;15
(III) COUNSELING OR THERAPY THAT IS NEUTRAL WITH RESPECT TO16
SEXUAL ORIENTATION AND GENDER IDENTITY AND THAT DOES NOT SEEK17
TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION18
OR GENDER IDENTITY OUTCOME; OR19
(IV) COUNSELING OR THERAPY RELATED TO A PATIENT'S SEXUAL20
BEHAVIORS, PRACTICES, OR RELATIONSHIPS , PROVIDED THAT THE21
COUNSELING OR THERAPY DOES NOT SEEK TO DIRECT THE PATIENT22
TOWARD A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY.23
SECTION 4. Effective date - applicability. This act takes effect24
July 1, 2026, and applies to a cause of action filed on or after said date.25
SECTION 5. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
1322-11-
preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
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