Conversion Therapy - Prohibitions and Causes of Action

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0950*

SENATE BILL 950
D3, C4 EMERGENCY BILL 6lr3558
CF HB 1209
By: Senator Kagan
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings and Finance

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 therapy is cognizable 3
for purposes of a health care malpractice ac tion; establishing certain procedures in 4
an action for health care malpractice resulting from conversion therapy; removing 5
the limitation on 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, advertising, publishing, displaying, 8
broadcasting, soliciting, or representing false, misleading, or deceptive statements 9
relating to conversion therapy for a certain purpose; establi shing a certain private 10
cause of action for an injury resulting from conversion therapy; requiring a 11
professional liability insurer that provides an insurance policy to a licensed health 12
care provider that engages in conversion therapy to charge the provid er with a 13
certain surcharge on the provider’s premiums; establishing the Conversion Therapy 14
Surcharge Fund as a special, nonlapsing fund; and 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

BY adding to 28
2 SENATE BILL 950

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

BY repealing and reenacting, without amendments, 6
Article – Insurance 7
Section 1–101(a) and (b) 8
Annotated Code of Maryland 9
(2017 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, with amendments, 11
Article – Insurance 12
Section 19–117 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2025 Supplement) 15

BY adding to 16
Article – Insurance 17
Section 19–118 and 19–119 18
Annotated Code of Maryland 19
(2017 Replacement Volume and 2025 Supplement) 20

Preamble 21

WHEREAS, The American Psychological Association, the American Psychiatric 22
Association, the American Academy of Pediatrics, the American Medical Association, the 23
American Counseling Associa tion, the American Academy of Child and Adolescent 24
Psychiatry, the American School Counselor Association, the National Association of Social 25
Workers, and every other mainstream mental health and medical organization in the 26
United States have determined that efforts to change an individual’s sexual orientation or 27
gender identity are harmful and ineffective; and 28

WHEREAS, In 2009, the American Psychological Association Task Force on 29
Appropriate Therapeutic Responses to Sexual Orientation conducted a systemat ic review 30
of peer–reviewed research and concluded that sexual orientation change efforts are unlikely 31
to be successful and involve some risk of harm, including depression, suicidality, and 32
anxiety; and 33

WHEREAS, In 2021, the American Psychological Associa tion adopted a resolution 34
concluding that gender identity change efforts are harmful and ineffective and calling for 35
their elimination; and 36

WHEREAS, The scientific and clinical consensus establishes that conversion 37
therapy poses serious risks of harm to patients, including depression, guilt, helplessness, 38
hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, self –blame, 39
SENATE BILL 950 3

decreased self–esteem, feelings of anger and betrayal, loss of religious faith, alienation from 1
family, problems in sexual and emotional intimacy, sexual dysfunction, high –risk sexual 2
behaviors, feelings of being dehumanized, and a sense of having wasted time and resources; 3
and 4

WHEREAS, The psychological harms caused by conversion therapy often do not 5
manifest until years or decades after the conduct occurred and survivors frequently do not 6
recognize their experience as conversion therapy, initially fail to recognize such treatment 7
as harmful, fail to connect their psychological injuries to the treatment until much later in 8
life, or are deterred from coming forward by shame instilled by the treatment itself; and 9

WHEREAS, The dynamics of the therapeutic relationship, including the trust placed 10
in mental health providers, the age and vulnerability of patients, the au thority exercised 11
by providers, and the shame and internalized stigma resulting from such treatment, create 12
barriers to timely disclosure and recognition of harm similar to those recognized by this 13
State in the context of childhood sexual abuse; and 14

WHEREAS, The existing statute of limitations for professional negligence does not 15
adequately account for the delayed recognition of psychological injury that is characteristic 16
of harm caused by conversion therapy; and 17

WHEREAS, Psychological harms caused by conversion therapy result from efforts to 18
direct a patient toward a predetermined outcome regarding the patient’s sexual orientation 19
or gender identity, regardless of the nature of that predetermined outcome; and 20

WHEREAS, In cases involving latent injuries where there is scientific consensus 21
regarding harmfulness, courts have recognized that plaintiffs may establish causation by 22
demonstrating that exposure to the harmful conduct was, in reasonable medical 23
probability, a substantial factor contributing to the risk of developing the injury or illness, 24
without requiring proof of the precise mechanism by which the harm occurred; and 25

WHEREAS, This causation framework is appropriate for claims arising from sexual 26
orientation or gender identity change eff orts, given the scientific consensus regarding the 27
harmfulness of such efforts and the latent nature of the resulting psychological injuries; 28
and 29

WHEREAS, It is the intent of the General Assembly to provide individuals who have 30
suffered harm as a result of conversion therapy by licensed mental health providers with 31
adequate time to seek civil remedies for harm they have suffered; now, therefore, 32

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33
That the Laws of Maryland read as follows: 34

Article – Courts and Judicial Proceedings 35

3–2A–01. 36

4 SENATE BILL 950

(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 He alth – 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 assistant, 28
an osteopath, an op tometrist, 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

(2) “Health care provider” does not include any nursing institution 33
conducted by and for those who rely upon treatment by spiritual means through prayer 34
SENATE BILL 950 5

alone in accordance with the tenets and practices of a recognized church or religious 1
denomination. 2

[(g)] (H) (1) “Medical injury” means injury arising or resulting from the 3
rendering or failure to render health care. 4

(2) “MEDICAL INJURY ” INCLUDES PSYCHOLOGIC AL INJURY 5
ARISING OR RESULTING FROM CONVERSION THERAPY PROVIDED IN THE STATE. 6

[(h)] (I) “Noneconomic damages” means: 7

(1) In a claim for personal injury, pain, suffering, inconvenience, physical 8
impairment, disfigurement, loss of consortium, or other nonpecuniary injury; or 9

(2) In a claim for wrongful death, mental anguish, emotional pain and 10
suffering, loss of society, companionship, comfort, protection, care, marital care, parental 11
care, filial care, attention, advice, counsel, training, guidance, or education, or other 12
noneconomic damages authorized under Subtitle 9 of this title. 13

3–2A–02. 14

(a) (1) All claims, suits, and actions, including cross claims, third –party 15
claims, and actions under Subtitle 9 of this title, by a person against a health care provider 16
for medical injury allegedly suffered by the person in which damages of more than the limit 17
of the concurrent jurisdiction of the District Court are sought are subject to and shall be 18
governed by the provisions of this subtitle. 19

(2) An action or suit of that type may not be brought or pursued in any 20
court of this State except in accordance with this subtitle. 21

(3) Except for the procedures stated in § 3 –2A–06(f) of this subtitle, an 22
action within the concurrent jurisdiction of the District Court is not subject to the 23
provisions of this subtitle. 24

(b) A claim filed under this subtitle and an initial pleading filed in any subsequent 25
action may not contain a statement of the amount of damages sought other than that they 26
are more than a required jurisdictional amount. 27

(c) (1) In any action for damages filed under this subti tle, the health care 28
provider is not liable for the payment of damages unless it is established that the care given 29
by the health care provider is not in accordance with the standards of practice among 30
members of the same health care profession with similar training and experience situated 31
in the same or similar communities at the time of the alleged act giving rise to the cause of 32
action. 33

(2) (i) This paragraph applies to a claim or action filed on or after 34
January 1, 2005. 35
6 SENATE BILL 950

(ii) 1. [In] EXCEPT AS PR OVIDED IN SUBSUBPARA GRAPH 3 1
OF THIS SUBPARAGRAPH, IN addition to any other qualifications, a health care provider 2
who attests in a certificate of a qualified expert or testifies in relation to a proceeding before 3
a panel or court concerning a defendant’s c ompliance with or departure from standards of 4
care: 5

A. Shall have had clinical experience, provided consultation 6
relating to clinical practice, or taught medicine in the defendant’s specialty or a related 7
field of health care, or in the field of healt h care in which the defendant provided care or 8
treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving 9
rise to the cause of action; and 10

B. Except as provided in [subsubparagraph 2 ] 11
SUBSUBPARAGRAPHS 2 AND 3 of this subparagraph, if the defendant is board certified in 12
a specialty, shall be board certified in the same or a related specialty as the defendant. 13

2. Subsubparagraph 1B of this subparagraph does not apply 14
if: 15

A. The defendant was providing care or t reatment to the 16
plaintiff unrelated to the area in which the defendant is board certified; or 17

B. The health care provider taught medicine in the 18
defendant’s specialty or a related field of health care. 19

3. IN ADDITION TO ANY OT HER QUALIFICATIONS, IN AN 20
ACTION FOR DAMAGES RELATING TO CONVERSION THERAPY UNDER § 3–2A–02.1 OF 21
THIS SUBTITLE, A HEALTH CARE PROVID ER WHO ATTESTS IN A CERTIFICATE OF A 22
QUALIFIED EXPERT, OR TESTIFIES IN RELATION TO A PROCEEDING BEFORE A PANEL 23
OR COURT CONCERNING A DEFENDANT’S COMPLIANCE WITH OR DEPARTURE FROM 24
STANDARDS OF CARE , MAY BE ANY LICENSED MENTAL HEALTH PROVID ER OR 25
RESEARCHER WITH EXPERTISE IN THE PSYCHOLOGICAL EFFECTS OF CONVERSION 26
THERAPY. 27

(d) Except as otherwise provided, the Maryland Rules shall apply to all prac tice 28
and procedure issues arising under this subtitle. 29

3–2A–02.1. 30

(A) AN INDIVIDUAL MAY FIL E AN ACTION FOR DAMA GES FOR INJURY 31
CAUSED BY THE PROVIS ION OF CONVERSION TH ERAPY TO THE INDIVID UAL 32
AGAINST: 33

SENATE BILL 950 7

(1) THE LICENSED HEALTH C ARE PROVIDER WHO PRO VIDED THE 1
CONVERSION THERAPY; 2

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

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

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

(3) A PERSON THAT NEGLIGEN TLY HIRED , SUPERVISED, OR 10
RETAINED THE LICENSE D HEALTH CARE PR OVIDER 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 TO TAL AMOUNT OF NONECO NOMIC DAMAGES THAT M AY BE 20
AWARDED TO A SINGLE CLAIMANT IN AN ACTIO N AGAINST A SINGLE D EFENDANT 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 PLAINTIFF 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 SENATE BILL 950

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 GENDER 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 EXP RESSION, 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 BRI NG AN ACTION FOR DAM AGES FOR INJURY 25
CAUSED BY THE PROVIS ION OF CONVERSION TH ERAPY TO THE INDIVID UAL IN 26
VIOLATION OF § 3–1303(A)(1) OF THE CRIMINAL LAW ARTICLE AGAINST: 27

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

SENATE BILL 950 9

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

(I) KNEW OR HAD REASON TO KNOW T HAT 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 CAUSE D BY THE PROVISION 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 TO TAL AMOUNT OF NONECO NOMIC DAMAGES THAT M AY 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 DAMA GES FOR INJURY 20
CAUSED BY THE PROVIS ION OF CONVERSION TH ERAPY, 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 THE BURDEN 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 UNR ELATED TO THE CONVER SION 28
THERAPY. 29

3–2704. 30

10 SENATE BILL 950

(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 PROVISION OF CON VERSION 3
THERAPY THAT OCCURRED WHILE THE P LAINTIFF 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 MEDICAL INJURY DUE TO CONVER SION 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

SENATE BILL 950 11

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

(2) In an action for damages for an injury 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 title 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 DAMAGE S FOR 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 THE RAPY OCCURRED WHILE 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 SENATE BILL 950

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 GENDER 9
IDENTITY. 10

(2) “CONVERSION THERAPY” INCLUDES ANY EFFORT TO CHANGE THE 11
BEHAVIORAL EXPRESSIO N OF AN INDIVIDUA L’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 U NDER 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

SENATE BILL 950 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 P ROVISION OF 3
CONVERSION THERAPY, INCLUDING CLAIMS REGARDING THE EFFICACY OF 4
CONVERSION THERAPY I N ALTERING THE SEXUAL ORIENTATION O R GENDER 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 filing 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 SENATE BILL 950

(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 adve rse 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 EXPR ESSION, 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 CHANGE SEXUAL ORI ENTATION 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 SH ALL IMPOSE A 35% SURCHARGE ON THE PRE MIUMS CHARGED TO A 29
HEALTH CARE PRACTITI ONER THAT PRACTICES CONVERSION THERAPY I N 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

SENATE BILL 950 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 PLAINTIFF THAT 5
SUCCESSFULLY RECOVERS DAM AGES FROM A HEALTH C ARE PRACTITIONER 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 REI MBURSING A SUCCESSFU L 20
PLAINTIFF IN AN ACTI ON AGAINST A PROVIDE R FOR HEALTH CARE MA LPRACTICE 21
ARISING FROM CONVERS ION THERAPY UNDER TITLE 3, SUBTITLE 2A OF THE 22
COURTS ARTICLE FOR COSTS INC URRED BY THE PLAINTI FF 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 SENATE BILL 950

(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 cou rt 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 necessary 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