Conversion Therapy - Prohibitions and Causes of Action

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1209*

HOUSE BILL 1209
D3, C4 EMERGENCY BILL 6lr3554
CF SB 950
By: Delegates Cullison, Acevero, Behler, Clippinger, Fair, Kaiser, Martinez, Vogel,
and Woorman
Introduced and read first time: February 11, 2026
Assigned to: Judiciary and Health

A BILL ENTITLED

AN ACT concerning 1

Conversion Therapy – Prohibitions and Causes of Action 2

FOR the purpose of clarifying that injury resulting from conversion therap y is cognizable 3
for purposes of a health care malpractice action; establishing certain procedures in 4
an action for health care malpractice resulting from conversion therapy; removing 5
the limitation o n noneconomic damages to a claimant in an action for health care 6
malpractice resulting from conversion therapy; prohibiting a certain individual from 7
providing conversion therapy or making, a dvertising, publishing, displaying, 8
broadcasting, soliciting, or representing false, misleading, or deceptive statements 9
relating to conversion therapy for a certain purpose; establishing a certain private 10
cause of action for an injury resulting from conversion therapy ; requiring a 11
professional liability insurer that pro vides an insurance policy to a licensed health 12
care provider that engages in conversion therapy to charge the provider with a 13
certain surcharge on the provider’s premiums; establishing the Conversion Therapy 14
Surcharge Fund as a special, nonlapsing fund; an d generally relating to conversion 15
therapy. 16

BY repealing and reenacting, with amendments, 17
Article – Courts and Judicial Proceedings 18
Section 3–2A–01, 3–2A–02, and 5–109 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2025 Supplement) 21

BY adding to 22
Article – Courts and Judicial Proceedings 23
Section 3 –2A–02.1; and 3 –2701 through 3 –2704 to be under the new subtitle 24
“Subtitle 27. Liability for Provision of Conversion Therapy” 25
Annotated Code of Maryland 26
(2020 Replacement Volume and 2025 Supplement) 27

2 HOUSE BILL 1209

BY adding to 1
Article – Criminal Law 2
Section 3–1301 through 3–1303 to be under the new subtitle “Subtitle 13. Conversion 3
Therapy” 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2025 Supplement) 6

BY repealing and reenacting, without amendments, 7
Article – Insurance 8
Section 1–101(a) and (b) 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2025 Supplement) 11

BY repealing and reenacting, with amendments, 12
Article – Insurance 13
Section 19–117 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2025 Supplement) 16

BY adding to 17
Article – Insurance 18
Section 19–118 and 19–119 19
Annotated Code of Maryland 20
(2017 Replacement Volume and 2025 Supplement) 21

Preamble 22

WHEREAS, The American Psychological Association, the American Psych iatric 23
Association, the American Academy of Pediatrics, the American Medical Association, the 24
American Counseling Association, the American Academy of Child and Adolescent 25
Psychiatry, the American School Counselor Association, the National Association of Social 26
Workers, and every other mainstream mental health and medical organization in the 27
United States have determined that efforts to change an individual’s sexual orientation or 28
gender identity are harmful and ineffective; and 29

WHEREAS, In 2009, the American Psychological Association Task Force on 30
Appropriate Therapeutic Responses to Sexual Orientation conducted a systematic review 31
of peer–reviewed research and concluded that sexual orientation change efforts are unlikely 32
to be successful and involve some risk of harm, including depression, suicidality, and 33
anxiety; and 34

WHEREAS, In 2021, the American Psychological Association adopted a resolution 35
concluding that gender identity change efforts are harmful and ineffective and calling for 36
their elimination; and 37

WHEREAS, The scientific and clinical consensus establishes that conversion 38
therapy poses serious risks of harm to patients, including depression, guilt, helplessness, 39
HOUSE BILL 1209 3

hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, self–blame, 1
decreased self–esteem, feelings of anger and betrayal, loss of religious faith, alienation from 2
family, problems in sexual and emotional intimacy, sexual dysfunction, high –risk sexual 3
behaviors, feelings of being dehumanized, and a sense of having wasted time and resources; 4
and 5

WHEREAS, The psychological harms caused by conversion therapy often do not 6
manifest until years or decades after the conduct occurred and survivors frequently do not 7
recognize their experience as conversion therapy, initially fail to recognize such treatment 8
as harmful, fail to connect their psychological injuries to the treatment until much later in 9
life, or are deterred from coming forward by shame instilled by the treatment itself; and 10

WHEREAS, The dynamics of the therapeutic relationship, including the trust placed 11
in mental health providers, the age and vulnerability of patients, the authority exercised 12
by providers, and the shame and internalized stigma resulting from such treatment, create 13
barriers to timely disc losure and recognition of harm similar to those recognized by this 14
State in the context of childhood sexual abuse; and 15

WHEREAS, The existing statute of limitations for professional negligence does not 16
adequately account for the delayed recognition of psychological injury that is characteristic 17
of harm caused by conversion therapy; and 18

WHEREAS, Psychological harms caused by conversion therapy result from efforts to 19
direct a patient toward a predetermined outcome regarding the patient’s sexual orientation 20
or gender identity, regardless of the nature of that predetermined outcome; and 21

WHEREAS, In cases involving latent injuries where there is scientific consensus 22
regarding harmfulness, courts have recognized that plaintiffs may establish causation by 23
demonstrating that exposure to the harmful conduct was, in reasonable medical 24
probability, a substantial factor contributing to the risk of developing the injury or illness, 25
without requiring proof of the precise mechanism by which the harm occurred; and 26

WHEREAS, This causation framework is appropriate for claims arising from sexual 27
orientation or gender identity change efforts, given the scientific consensus regarding the 28
harmfulness of such efforts and the latent nature of the resulting psychological injuries ; 29
and 30

WHEREAS, It is the intent of the General Assembly to provide individuals who have 31
suffered harm as a result of conversion therapy by licensed mental health providers with 32
adequate time to seek civil remedies for harm they have suffered; now, therefore, 33

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 34
That the Laws of Maryland read as follows: 35

Article – Courts and Judicial Proceedings 36

3–2A–01. 37
4 HOUSE BILL 1209

(a) In this subtitle the following terms have the meanings indicated unless the 1
context of their use requires otherwise. 2

(b) “Arbitration panel” means the arbitrators selected to determine a health care 3
malpractice claim in accordance with this subtitle. 4

(c) (1) “CONVERSION THERAPY” MEANS A PRACTICE OR TREATMENT BY 5
A MENTAL HEALTH OR C HILD CARE PRACTITION ER THAT SEEKS TO CHA NGE AN 6
INDIVIDUAL’S SEXUAL ORIENTATION OR GENDER IDENTITY. 7

(2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 8
BEHAVIORAL EXPRESSIO N OF AN INDIVIDUAL ’S SEXUAL ORIENTATION , CHANGE 9
GENDER EXPRESSION , OR ELIMINATE OR REDU CE SEXUAL OR ROMANTI C 10
ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 11

(3) “CONVERSION THERAPY” DOES NOT INCLUDE A P RACTICE BY A 12
MENTAL HEALTH OR CHILD CARE PRACTITIONER THAT: 13

(I) PROVIDES ACCEPTANCE, SUPPORT, AND UNDERSTANDING, 14
OR THE FACILITATION OF COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION 15
AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION–NEUTRAL INTERVENTIONS 16
TO PREVENT OR ADDRES S UNLAWFUL CONDUCT O R UNSAFE SEXUAL PRAC TICES; 17
AND 18

(II) DOES NOT SEEK TO CHAN GE SEXUAL ORIENTATIO N OR 19
GENDER IDENTITY. 20

(D) “Court” means a circuit court for a county. 21

[(d)] (E) “Director” means the Director of the Health Care Alternative Dispute 22
Resolution Office. 23

[(e)] (F) “Economic damages” retains its judicially determined meaning. 24

[(f)] (G) (1) “Health care provider” means a hospital, a related institution as 25
defined in § 19 –301 of the Health – General Article, a medical day care center, a hospice 26
care program, an assisted living program, a freestanding ambulatory care facility as 27
defined in § 19–3B–01 of the Health – General Article, a physician, a physician assista nt, 28
an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a 29
dentist, a podiatrist, a psychologist, a licensed certified social worker –clinical, and a 30
physical therapist, licensed or authorized to provide one or more health care services in 31
Maryland. 32

HOUSE BILL 1209 5

(2) “Health care provider” does not include any nursing institution 1
conducted by and for those who rely upon treatment by spiritual means through prayer 2
alone in accordance with the tenets and practices of a recognized church or religious 3
denomination. 4

[(g)] (H) (1) “Medical injury” means injury arising or resulting from the 5
rendering or failure to render health care. 6

(2) “MEDICAL INJURY ” INCLUDES PSYCHOLOGIC AL INJURY 7
ARISING OR RESULTING FROM CONVERSION THERAPY PROVIDED IN THE STATE. 8

[(h)] (I) “Noneconomic damages” means: 9

(1) In a claim for personal injury, pain, suffering, inconvenience, physical 10
impairment, disfigurement, loss of consortium, or other nonpecuniary injury; or 11

(2) In a claim for wrongful death, mental anguish, emotional pain and 12
suffering, loss of society, companionship, comfort, protection, care, marital care, parental 13
care, filial care, attention, advice, counsel, training, guidance, or education, or other 14
noneconomic damages authorized under Subtitle 9 of this title. 15

3–2A–02. 16

(a) (1) All claims, suits, and actions, including cross claims, third –party 17
claims, and actions under Subtitle 9 of this title, by a person against a health care provider 18
for medical injury allegedly suffered by the person in which damages of more than the limit 19
of the concurrent jurisdiction of the District Court are sought are subject to and shall be 20
governed by the provisions of this subtitle. 21

(2) An action or suit of that type may not be brought or pursued in any 22
court of this State except in accordance with this subtitle. 23

(3) Except for the procedures stated in § 3 –2A–06(f) of this subtitle, an 24
action within the concurrent jurisdiction of the District Court is not subject to the 25
provisions of this subtitle. 26

(b) A claim filed under this subtitle and an initial pleading filed in any subsequent 27
action may not contain a statement of the amount of damages sought other than that they 28
are more than a required jurisdictional amount. 29

(c) (1) In any actio n for damages filed under this subtitle, the health care 30
provider is not liable for the payment of damages unless it is established that the care given 31
by the health care provider is not in accordance with the standards of practice among 32
members of the same health care profession with similar training and experience situated 33
in the same or similar communities at the time of the alleged act giving rise to the cause of 34
action. 35

6 HOUSE BILL 1209

(2) (i) This paragraph applies to a claim or action filed on or after 1
January 1, 2005. 2

(ii) 1. [In] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 3 3
OF THIS SUBPARAGRAPH, IN addition to any other qualifications, a health care provider 4
who attests in a certificate of a qualified expert or testifies in relation to a proceeding before 5
a panel or court concerning a defendant’s compliance with or departure from standards of 6
care: 7

A. Shall have had clinical experience, provided consultation 8
relating to clinical practice, or taught medicine in the defendant’s specialty or a related 9
field of health care, or in the field of health care in which the defendant provided care or 10
treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving 11
rise to the cause of action; and 12

B. Except as provided in [subsubparagraph 2] 13
SUBSUBPARAGRAPHS 2 AND 3 of this subparagraph, if the defendant is board certified in 14
a specialty, shall be board certified in the same or a related specialty as the defendant. 15

2. Subsubparagraph 1B of this subparagraph does not apply 16
if: 17

A. The defendant was providing care or treatment to the 18
plaintiff unrelated to the area in which the defendant is board certified; or 19

B. The health care provider taught medicine in the 20
defendant’s specialty or a related field of health care. 21

3. IN ADDITION TO ANY OTHER QUALIFICATIONS, IN AN 22
ACTION FOR DAMAGES RELATING TO CONVERSION THERAPY UNDER § 3–2A–02.1 OF 23
THIS SUBTITLE, A HEALTH CARE PROVID ER WHO ATTESTS IN A CERTIFICATE OF A 24
QUALIFIED EXPERT, OR TESTIFIES IN RELATION TO A PROCEEDING BEFORE A PANEL 25
OR COURT CONCERNING A DEFENDANT’S COMPLIANCE WITH OR DEPARTURE FROM 26
STANDARDS OF CARE , MAY B E ANY LICENSED MENTAL HEALTH PROVIDER OR 27
RESEARCHER WITH EXPERTISE IN THE PSYCHOLOGICAL EFFECTS OF CONVERSION 28
THERAPY. 29

(d) Except as otherwise provided, the M aryland Rules shall apply to all practice 30
and procedure issues arising under this subtitle. 31

3–2A–02.1. 32

(A) AN INDIVIDUAL MAY FIL E A N ACTION FOR DAMAGES FOR INJURY 33
CAUSED BY THE PROVIS ION OF CONVERSION THERAPY TO THE INDIVIDUAL 34
AGAINST: 35
HOUSE BILL 1209 7

(1) THE LICENSED HEALTH CARE PROVIDER WHO PROVIDED THE 1
CONVERSION THERAPY; 2

(2) A PERSON THAT EMPLOYED , SUPERVISED, OR OTHERWISE 3
EXERCISED AUTHORITY OVER THE LICENSED HEALTH CARE PROVIDER WHO 4
PROVIDED THE CONVERSION THERAPY IF THE PERSON: 5

(I) KNEW OR HAD REASON TO KNOW THAT THE LICENSED 6
HEALTH CARE PROVIDER PROVIDED CONVERSION THERAPY; AND 7

(II) FAILED TO TAKE REASON ABLE STEPS TO PREVENT THE 8
LICENSED HEALTH CARE PROVIDER FROM PROVIDING CONVERSION THERAPY; OR 9

(3) A PERSON THAT NEGLIGENT LY HIRED , SUPERVISED, OR 10
RETAINED THE LICENSED HEALTH CARE PROVIDER WHO PROVIDED THE 11
CONVERSION THERAPY. 12

(B) (1) IN AN ACTION FOR DAMA GES FOR MEDICAL INJURY AS A RESULT 13
OF CONVERSION THERAPY, A PLAINTIFF MAY SEEK: 14

(I) ECONOMIC DAMAGES; 15

(II) NONECONOMIC DAMAGES; 16

(III) PUNITIVE DAMAGES; AND 17

(IV) ATTORNEY’S FEES AND COURT COSTS. 18

(2) NOTWITHSTANDING § 11–108 OF THIS ARTICLE , THERE IS NO 19
LIMITATION ON THE TOTAL AMOUNT OF NONECONOMIC DAMAG ES THAT MAY BE 20
AWARDED TO A SINGLE CLAIMANT IN AN ACTIO N AGAINST A SI NGLE DEFENDANT 21
UNDER THIS SECTION. 22

(C) (1) IN AN ACTION UNDER THIS SECTION FOR DAMAGES FOR MEDICAL 23
INJURY CAUSED BY THE PROVISION OF CONVERSION THERAPY, THE PLAINTIFF HAS 24
THE BURDEN OF PROOF TO DEMONSTRATE THROU GH EXPERT TESTIMONY , 25
SCIENTIFIC LITERATURE, AND OTHER EVIDENCE , THAT CONVERSION THER APY IS 26
CAPABLE OF CAUSING THE MEDICAL INJURY SUFFERED BY THE PLAINTIFF. 27

(2) IF A PLAINT IFF MEETS THE BURDEN OF PROOF UNDER 28
PARAGRAPH (1) OF THIS SUBSECTION, THE DEFENDANT HAS THE BURDEN OF PROOF 29
TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE PLAINTIFF’S MEDICAL 30
8 HOUSE BILL 1209

INJURY IS SOLELY A RESULT OF OTHER FACTORS UNRELATED TO THE CONVERSION 1
THERAPY. 2

SUBTITLE 27. LIABILITY FOR PROVISION OF CONVERSION THERAPY. 3

3–2701. 4

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6

(B) (1) “CONVERSION THERAPY ” MEANS A PRACTICE OR TREATMENT 7
THAT SEEKS TO CHANGE AN INDIVIDUAL ’S SEXUAL ORIENTATION OR GENDE R 8
IDENTITY. 9

(2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 10
BEHAVIORAL EXPRESSIO N OF AN INDIVIDUAL ’S SEXUAL ORIENTATION , CHANGE 11
GENDER EXPRESSION , OR ELIMINATE OR REDU CE SEXUAL OR ROMANTI C 12
ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 13

(C) “MENTAL HEALTH OR CHILD CARE PRACTITIONER” MEANS: 14

(1) A PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE 14, 17, 15
18, 19, OR 20 OF THE HEALTH OCCUPATIONS ARTICLE; OR 16

(2) ANY OTHER PRACTITIONER LICENSED OR CERTIFIED UNDER THE 17
HEALTH OCCUPATIONS ARTICLE WHO IS AUTHORIZED TO PROVIDE COUNSELING BY 18
THE PRACTITIONER’S LICENSING OR CERTIFYING BOARD. 19

(D) “PERSON” INCLUDES A NONPROFIT ENTITY. 20

3–2702. 21

THIS SUBTITLE DOES NO T APPLY TO A MENTAL HEALTH OR CHILD CARE 22
PRACTITIONER. 23

3–2703. 24

(A) AN INDIVIDUAL MAY BRING AN ACTION FOR DAMAGES FOR INJURY 25
CAUSED BY THE PROVISION OF CON VERSION THERAPY TO THE INDIVIDUAL IN 26
VIOLATION OF § 3–1303(A)(1) OF THE CRIMINAL LAW ARTICLE AGAINST: 27

(1) THE INDIVIDUAL WHO PROVIDED THE CONVERSION THERAPY; 28

HOUSE BILL 1209 9

(2) A PERSON THAT EMPLOYED , SUPERVISED, OR OTHERWISE 1
EXERCISED AUTHORITY OVER THE INDIVIDUAL WHO PROVIDED THE CONVERS ION 2
THERAPY IF THE PERSON: 3

(I) KNEW OR HAD REASON TO KNOW THAT CONVERSION 4
THERAPY WAS PROVIDED; AND 5

(II) FAILED TO TAKE REASON ABLE STEPS TO PREVEN T THE 6
PROVISION OF CONVERSION THERAPY; OR 7

(3) A PERSON THAT NEGLIGEN TLY HIRED , SUPERVISED, OR 8
RETAINED THE INDIVIDUAL WHO PROVIDED THE CONVERSION THERAPY. 9

(B) IN AN ACTION FOR DAMA GES FOR INJURY CAUSED BY THE PROVIS ION 10
OF CONVERSION THERAPY, A PLAINTIFF MAY SEEK: 11

(1) ECONOMIC DAMAGES; 12

(2) NONECONOMIC DAMAGES; 13

(3) PUNITIVE DAMAGES; AND 14

(4) ATTORNEY’S FEES AND COURT COSTS. 15

(C) NOTWITHSTANDING § 11–108 OF THIS ARTICLE, THERE IS NO 16
LIMITATION ON THE TOTAL A MOUNT OF NONECONOMIC DAMAGES THAT MAY BE 17
AWARDED TO A SINGLE CLAIMANT IN AN ACTIO N AGAINST A SINGLE D EFENDANT 18
UNDER THIS SECTION. 19

(D) (1) IN AN ACTION UNDER TH IS SECTION FOR DAMAG ES FOR INJURY 20
CAUSED BY THE PROVIS ION OF CONVERSION THERAPY, THE PLAINTIFF HAS TH E 21
BURDEN OF PROOF TO D EMONSTRATE THROUGH EXPERT TESTIMONY, SCIENTIFIC 22
LITERATURE, AND OTHER EVIDENCE, THAT CONVERSION THERAPY IS CAPABLE OF 23
CAUSING THE MEDICAL INJURY SUFFERED BY THE PLAINTIFF. 24

(2) IF A PLAINTIFF MEETS TH E B URDEN OF PROOF UNDER 25
PARAGRAPH (1) OF THIS SUBSECTION, THE DEFENDANT HAS THE BURDEN OF PROOF 26
TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE PLAINTIFF’S INJURY 27
IS SOLELY A RESULT O F OTHER FACTORS UNRE LATED TO THE CONVERS ION 28
THERAPY. 29

3–2704. 30

10 HOUSE BILL 1209

(A) NOTWITHSTANDING A TIM E LIMITATION UNDER A STATUTE OF 1
LIMITATIONS, STATUTE OF REPOSE, OR ANY OTHER LAW, AN ACTION FOR DAMAGES 2
UNDER THIS SUBTITLE FOR INJURY CAUSED BY THE PROVIS ION OF CONVERSION 3
THERAPY THAT OCCURRED WHILE THE PLAINTIF F WAS A MINOR MAY BE FILED AT 4
ANY TIME. 5

(B) NOTWITHSTANDING ANY T IME LIMITATION UNDER THIS SECTION OR 6
ANY OTHER STATUTE OF LIMITATIONS, STATUTE OF REPOSE, OR ANY OTHER LAW , 7
AN ACTION FOR DAMAGE S FOR MED ICAL INJURY DUE TO C ONVERSION THERAPY 8
THAT OCCURRED WHILE THE PLAINTIFF WAS AN ADULT SHALL BE FILED WITHIN 20 9
YEARS AFTER THE PLAINTIFF’S LAST CONVERSION THERAPY SESSION. 10

(C) (1) FOR PURPOSES OF DETER MINING THE DATE AN I NJURY WAS 11
DISCOVERED UNDER SUB SECTION (B) OF THIS SECTION , IN AN ACTION FOR 12
DAMAGES FOR MEDICAL INJURY RESULTING FROM CONVERSION THERAPY UNDER 13
THIS SUBTITLE, A CLAIMANT DISCOVERS THE INJURY WHEN THE CLAIMANT FIRST 14
KNEW OR REASONABLY S HOULD HAVE KNOWN THA T THE PSYCHOLOGICAL INJURY 15
WAS CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 16

(2) IT IS NOT SUFFICIENT TO DEMONSTRATE THAT A CLAIMANT KNEW 17
ABOUT THE PSYCHOLOGI CAL INJURY WITHOUT A LSO DEMONSTRATING TH AT THE 18
CLAIMANT KNEW OR HAD REASON TO KNOW THAT THE PSYCHOLOGICAL INJURY WAS 19
CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 20

5–109. 21

(a) [An] EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION , AN 22
action for damages for an injury arising out of the rendering of or failure to render 23
professional services by a health care provider, as defined in § 3–2A–01 of this article, shall 24
be filed within the earlier of: 25

(1) Five years of the time the injury was committed; or 26

(2) Three years of the date the injury was discovered. 27

(b) Except as provided in subsection (c) of this section, if the claimant was under 28
the age of 11 years at the time the injury was committed, the time limitations prescribed 29
in subsection (a) of this section shall commence when the claimant reaches the age of 11 30
years. 31

(c) (1) The provisions of subsection (b) of this section may not be applied to an 32
action for damages for an injury: 33

(i) To the reproductive system of the claimant; or 34

HOUSE BILL 1209 11

(ii) Caused by a foreign object negligently left in the claimant’s body. 1

(2) In an action for damages for an inju ry described in this subsection, if 2
the claimant was under the age of 16 years at the time the injury was committed, the time 3
limitations prescribed in subsection (a) of this section shall commence when the claimant 4
reaches the age of 16 years. 5

(d) For the purposes of this section, the filing of a claim with the Health Care 6
Alternative Dispute Resolution Office in accordance with § 3–2A–04 of this article shall be 7
deemed the filing of an action. 8

(e) The provisions of § 5–201 of this title that relate to a cause of action of a minor 9
may not be construed as limiting the application of subsection (b) or (c) of this section. 10

(f) Nothing contained in this section may be construed as limiting the application 11
of the provisions of: 12

(1) § 5 –201 of this titl e that relate to a cause of action of a mental 13
incompetent; or 14

(2) § 5–203 of this title. 15

(G) (1) NOTWITHSTANDING A TIME LIMITATION UNDER THIS SECTION OR 16
ANY OTHER TIME LIMIT ATION UNDER A STATUT E OF LIMITATIONS , STATUTE OR 17
REPOSE, OR ANY OTHER LAW , AN ACTION FOR DAMAGES F OR MEDICAL INJURY 18
CAUSED BY THE PROVISION OF CONVERSION THERAPY UNDER § 3–2A–02.1 OF THIS 19
ARTICLE MAY BE FILED: 20

(I) IF THE CONVERSION THE RAPY OCCURRED WHILE THE 21
PLAINTIFF WAS A MINOR, AT ANY TIME; AND 22

(II) IF THE CONVERSION THERAPY OCCURRED WHI LE THE 23
PLAINTIFF WAS AN ADU LT, WITHIN 20 YEARS AFTER THE PLAI NTIFF’S LAST 24
CONVERSION THERAPY SESSION. 25

(2) (I) FOR PURPOSES OF DETERMINING THE DATE AN INJURY WAS 26
DISCOVERED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION , IN AN ACTION FOR 27
DAMAGES FOR MEDICAL INJURY CAUSED BY THE PROVISION OF CONVERS ION 28
THERAPY, A CLAIMANT DISCOVERS THE INJURY WHEN THE CLAIMANT FIRST KNEW 29
OR REASONABLY SHOULD HAVE KNOWN THAT THE PSYCHOLOGICAL INJURY WAS 30
CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 31

(II) IT IS NOT SUFFICIENT TO DEMONSTRATE THAT A CLAIMANT 32
KNEW ABOUT THE PSYCHOLOGICAL INJURY WITHOUT ALSO DEMONSTRATING THAT 33
12 HOUSE BILL 1209

THE CLAIMANT KNEW OR HAD REASON TO KNOW THAT THE PSYCHOLOGICAL INJURY 1
WAS CAUSED, IN WHOLE OR IN PART, BY THE CONVERSION THERAPY. 2

Article – Criminal Law 3

SUBTITLE 13. CONVERSION THERAPY. 4

3–1301. 5

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7

(B) (1) “CONVERSION THERAPY ” MEANS A PRACTICE OR TREATMENT 8
THAT SEEKS TO CHANGE AN INDIVIDUAL ’S SEXUAL ORIENTATION OR GENDE R 9
IDENTITY. 10

(2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 11
BEHAVIORAL EXPRESSIO N OF AN INDIVIDUAL ’S SEXUAL ORIENTATION , CHANGE 12
GENDER EXPRESSION , OR ELIMINATE OR REDU CE SEXUAL OR ROMANTI C 13
ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 14

(C) “MENTAL HEALTH OR CHILD CARE PRACTITIONER” MEANS: 15

(1) A PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE 14, 17, 16
18, 19, OR 20 OF THE HEALTH OCCUPATIONS ARTICLE; OR 17

(2) ANY OTHER PRACTITIONER LICENSED OR CERTIFIED UNDER THE 18
HEALTH OCCUPATIONS ARTICLE WHO IS AUTHORIZED TO PROVIDE COUNSELING BY 19
THE PRACTITIONER’S LICENSING OR CERTIFYING BOARD. 20

(D) “PERSON” INCLUDES A NONPROFIT ENTITY. 21

3–1302. 22

THIS SUBTITLE DOES NO T APPLY TO A MENTAL HEALTH OR CHILD CARE 23
PRACTITIONER. 24

3–1303. 25

(A) A PERSON MAY NOT: 26

(1) FOR COMPENSATION, PROVIDE CONVERSION THERAPY; OR 27

HOUSE BILL 1209 13

(2) FOR PROFESSIONAL , COMMERCIAL, OR MONETARY GAIN , 1
ADVERTISE, PUBLISH, DISPLAY, BROADCAST, SOLICIT, REPRESENT, OR MAKE ANY 2
FALSE, MISLEADING, OR DECEPTIVE STATEMENT RELATING TO THE PROVISION OF 3
CONVERSION THERAPY, INCLUDING CLAIMS REGARDING THE EFFICACY OF 4
CONVERSION THERAPY I N ALTERING THE SEXUA L ORIENTATION OR GEN DER 5
IDENTITY OF AN INDIVIDUAL. 6

(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 7
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE 8
NOT EXCEEDING $50,000 OR BOTH. 9

Article – Insurance 10

1–101. 11

(a) In this article the following words have the meanings indicated. 12

(b) “Administration” means the Maryland Insurance Administration. 13

19–117. 14

(a) (1) In this section [, “adverse ] THE FOLLOWING WORDS HAVE THE 15
MEANINGS INDICATED. 16

(2) (I) “ADVERSE action” includes: 17

[(i)] 1. refusing to renew or execute a contract or agreement with 18
a health care practitioner; 19

[(ii)] 2. making a report or commenting to an appropriate private 20
or governmental entity regarding practices of legally protected health care as defined in § 21
2–312 of the State Personnel and Pensions Article; and 22

[(iii)] 3. increasing a premium for or making another type of 23
unfavorable change regarding terms of coverage under a medical professional liability 24
insurance contract agreement with a health care practitioner. 25

[(2)] (II) “Adverse action” does not include making a rate filin g in 26
accordance with § 11–206 of this article. 27

(3) “LEGALLY PROTECTED HEA LTH CARE ” DOES NOT INCLUDE 28
CONVERSION THERAPY, AS DEFINED IN § 1–212.1 OF THE HEALTH OCCUPATIONS 29
ARTICLE. 30

14 HOUSE BILL 1209

(b) An insurer that issues to, delivers to, or renews medical professional liability 1
insurance for a health care practitioner licensed, certified, or otherwise authorized by law 2
to practice in the State may not take adverse action against a health care practitioner in 3
whole or in part because the health care practitioner provides legally protected health care 4
or makes a referral for legally protected health care. 5

(c) This section does not prohibit the medical professional liability insurer from 6
taking adverse action against a health care practitioner for conduct that would otherwise 7
constitute professional misconduct. 8

19–118. 9

(A) (1) IN THIS SECTION , “CONVERSION THERAPY” MEANS A PRACTICE 10
OR TREATMENT BY A MENTAL HEALTH OR CHILD CARE PRACTITIONER THAT SEEKS 11
TO CHANGE AN INDIVIDUAL’S SEXUAL ORIENTATION OR GENDER IDENTITY. 12

(2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 13
BEHAVIORAL EXPRESSIO N OF AN INDIVIDUAL ’S SEXUAL ORIENTATION , CHANGE 14
GENDER EXPRESSION , OR ELIMINATE OR REDU CE SEXUAL OR ROMANTI C 15
ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME GENDER. 16

(3) “CONVERSION THERAPY” DOES NOT INCLUDE A P RACTICE BY A 17
MENTAL HEALTH OR CHILD CARE PRACTITIONER THAT: 18

(I) PROVIDES ACCEPTANCE, SUPPORT, AND UNDERSTANDING, 19
OR THE FACILITATION OF COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION 20
AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION–NEUTRAL INTERVENTIONS 21
TO PREVENT OR ADDRES S UNLAWFUL CONDUCT O R UNSAFE SEXUAL PRAC TICES; 22
AND 23

(II) DOES NOT SEEK TO CHAN GE SEXUAL ORIENTATIO N OR 24
GENDER IDENTITY. 25

(B) AN INSURER THAT ISSUE S TO , DELIVERS TO , OR RENEWS MEDICAL 26
PROFESSIONAL LIABILI TY INSURANCE FOR A H EALTH CARE PRACTITIO NER 27
LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED BY LAW TO PRACTI CE IN THE 28
STATE SHALL IMPOSE A 35% SURCHARGE ON THE PRE MIUMS CHARGED TO A 29
HEALTH CARE PRACTITI ONER THAT PRACTICES CONVERSION THERAPY IN THE 30
STATE. 31

(C) THE REVENUES FROM THE SURCHARGE IMPOSED UNDER SUBSECTION 32
(B) OF THIS SECTION SHAL L BE DISTRIBUTED TO THE CONVERSION THERAPY 33
SURCHARGE FUND, UNDER § 19–119 OF THIS SUBTITLE. 34

HOUSE BILL 1209 15

19–119. 1

(A) IN THIS SECTION , “FUND” MEANS THE CONVERSION THERAPY 2
SURCHARGE FUND. 3

(B) THERE IS A CONVERSION THERAPY SURCHARGE FUND. 4

(C) THE PURPOSE OF THE FUND IS TO REIMBURSE A PLAIN TIFF THAT 5
SUCCESSFULLY RECOVERS DAMAGES FROM A HEA LTH CARE PRACTITIONE R FOR 6
HEALTH CARE MALPRACTICE AS A RESULT OF CONVERSION THERAPY UNDER TITLE 7
3, SUBTITLE 2A OF THE COURTS ARTICLE. 8

(D) THE ADMINISTRATION SHALL ADMINISTER THE FUND. 9

(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 10
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 11

(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 12
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 13

(F) THE FUND CONSISTS OF: 14

(1) REVENUE DISTRIBUTED TO THE FUND FROM REVENUES 15
GENERATED FROM THE SURCHARGE IMPOSED UNDER § 19–118 OF THIS SUBTITLE; 16

(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 17

(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 18
THE BENEFIT OF THE FUND. 19

(G) THE FUND MAY BE USED ONLY FOR REIMBURSING A SUCCES SFUL 20
PLAINTIFF IN AN ACTI ON AGAINST A PROVIDER FOR HEALTH CARE MALPRACTICE 21
ARISING FROM CONVERSION THERAPY UNDER TITLE 3, SUBTITLE 2A OF THE 22
COURTS ARTICLE FOR COSTS INCURRED B Y THE PLAINTIFF AS A RESULT OF 23
RECEIVING CONVERSION THERAPY. 24

(H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 25
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 26

(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 27
THE GENERAL FUND OF THE STATE. 28

16 HOUSE BILL 1209

(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 1
WITH THE STATE BUDGET. 2

SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 3
the application of any provision of this Act to any person or circumstance is held invalid for 4
any reason in a court of competent jurisdiction, the invalidity does not affect other 5
provisions or any other application of this Act that can be given effect without the invalid 6
provision or application, and for this purpose the provisions of this Act are declared 7
severable. 8

SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 9
measure, is nec essary for the immediate preservation of the public health or safety, has 10
been passed by a yea and nay vote supported by three –fifths of all the members elected to 11
each of the two Houses of the General Assembly, and shall take effect from the date it is 12
enacted. 13