LRB-2999/1
CMH&MED:eev:jm
2013 - 2014 LEGISLATURE
January 9, 2014 - Introduced by Senators Risser,
Carpenter and T. Cullen,
cosponsored by Representatives
Sargent, Pope, Berceau and Ohnstad.
Referred to Committee on Health and Human Services.
SB481,1,2
1An Act to create 948.045 of the statutes;
relating to: prohibiting sexual
2orientation change efforts on minors and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a mental health provider, as defined in the bill, from
engaging in any practice that seeks to change a child's sexual orientation, including
an effort to change behaviors, gender identity, or gender expression or an effort to
eliminate or reduce sexual or romantic attractions or feelings toward individuals of
the same sex. The prohibition created in the bill does not apply to counseling for an
individual seeking to transition from one gender to another or to psychotherapy that
provides acceptance, support, or understanding of a client or the facilitation of a
client's coping, social support, and identity exploration and development and that
does not seek to change sexual orientation. A mental health provider who violates
the prohibition is guilty of a Class A misdemeanor.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB481,1
3Section
1. 948.045 of the statutes is created to read:
SB481,2,6
1948.045 Sexual orientation change efforts. (1) Definitions. In this
2section, "mental health provider" means a physician; a psychologist licensed under
3ch. 455; a social worker licensed or certified under s. 457.08; a marriage and family
4therapist licensed under s. 457.10; a professional counselor licensed under s. 457.12;
5and any other person who performs counseling as part of his or her professional
6training for any of the professions specified in this subsection.
SB481,2,11
7(2) Prohibition. (a) A mental health provider that engages in a practice that
8seeks to change a child's sexual orientation, including an effort to change behaviors,
9gender identity, or gender expression or an effort to eliminate or reduce sexual or
10romantic attractions or feelings toward individuals of the same sex, is guilty of a
11Class A misdemeanor.
SB481,2,1212
(b) Paragraph (a) does not apply to any of the following:
SB481,2,1413
1. Counseling for an individual seeking to transition from one gender to
14another.
SB481,2,1915
2. Psychotherapy that provides acceptance, support, or understanding of a
16client or the facilitation of a client's coping, social support, and identity exploration
17and development, including sexual orientation-neutral interventions to prevent or
18address unlawful conduct or unsafe sexual practices, and that does not seek to
19change sexual orientation.
