Cause of action provision for harmful therapy practices
Summary
SF4706 creates a new civil cause of action for people who were harmed by conversion therapy before age 18. The bill defines conversion therapy by reference to existing Minnesota law and allows a person injured as a minor to sue the mental health professional who administered the practice. It also allows a parent or guardian to bring the action on behalf of a minor, or in cases where the affected person is deceased or incapacitated.
The bill authorizes a court to grant injunctive relief, a civil penalty of at least $50,000, general, special, and punitive damages, and attorney fees and costs. It defines psychological harm broadly to include depression, anxiety, self-harm, suicidal ideation or attempts, PTSD, and loss of self-esteem. The bill also sets venue in the county where the plaintiff or defendant resides and bars state officers or employees from enforcing the section through litigation.
Impact
If enacted, SF4706 would add a new private right of action in Minnesota Statutes chapter 604 against mental health professionals who provide conversion therapy to minors. It would expand potential civil liability by recognizing psychological harm as actionable injury, establishing a minimum civil penalty, and allowing injunctive and monetary relief. The bill would primarily affect licensed mental health professionals, minors subjected to conversion therapy, and parents or guardians acting on their behalf.
Sentiment
Based on the bill’s title, authorship, and lack of recorded committee debate or votes in the provided materials, the measure appears to be framed as a youth-protection and consumer-safety bill aimed at preventing harmful therapeutic practices. The available context does not show formal opposition or support in committee, but the structure of the bill suggests a strong protective intent toward minors and survivors of conversion therapy.
Contention
The main likely point of contention is the bill’s creation of a direct damages remedy, including a minimum $50,000 civil penalty and punitive damages, which could be viewed by opponents as exposing licensed professionals to significant liability. Another possible issue is the bill’s broad definition of psychological harm and its application to conduct occurring before age 18, which may raise questions about proof, causation, and the scope of covered practices. Supporters would likely emphasize the bill’s focus on protecting minors and providing accountability for harmful conversion therapy.
Clinical art therapists licensure establishment provision, Board of Behavioral Health and Therapy membership modifications provision, and appropriation