Senate Bill 382, titled the Mental Health Protection Act, would prohibit licensed mental health and related professionals from providing “conversion therapy” to minors and to adults who have a disability. The bill defines conversion therapy broadly as practices or treatments intended to change a person’s sexual orientation or gender identity, including efforts to alter behavior, gender expression, or romantic and sexual attractions. It also makes clear that counseling focused on support, identity exploration, coping, or assistance with gender transition is not considered conversion therapy so long as it does not seek to change sexual orientation or gender identity.
The bill is framed around extensive legislative findings citing professional medical and psychological organizations that oppose conversion therapy and describe it as ineffective and harmful. It states that North Carolina has a compelling interest in protecting minors, including LGBTQ youth, from serious harms associated with these practices. The bill would add a new article to Chapter 90 of the General Statutes and apply prospectively to conduct occurring on or after the effective date.
Impact
If enacted, the bill would create a new statutory prohibition in Chapter 90 governing the conduct of fee-based pastoral counselors, licensed clinical social workers, marriage and family therapists, professional counselors, psychiatrists, and psychologists. For those professionals, conversion therapy on minors and adults with disabilities would be treated as unprofessional conduct and could trigger discipline by the relevant licensing board, with the Department of Health and Human Services given concurrent authority to initiate proceedings and adopt rules. The bill would also bar state and local public funds from being used for conversion therapy, referrals for conversion therapy, insurance or health benefits coverage for it, or grants and contracts with entities that conduct or refer for it.
Sentiment
The bill’s findings and structure indicate strong support for protecting LGBTQ minors and adults with disabilities from conversion therapy, and the legislative language relies heavily on mainstream medical and mental health organizations that oppose the practice. No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or amendment activity in the available materials. Based on the text alone, the bill is presented as a public-health and consumer-protection measure rather than a culture-war or regulatory expansion bill.
Contention
The main point of contention is likely the scope of the prohibition, especially its application to gender identity and gender expression as well as sexual orientation, and its inclusion of adults who have a disability in addition to minors. Another possible area of dispute is the treatment of fee-based pastoral counselors and the extent to which the bill reaches counseling in religious or faith-based settings, although the text limits the prohibition to conversion therapy as defined and excludes supportive counseling and transition-related counseling. A further issue is enforcement: the bill authorizes professional discipline and gives DHHS concurrent authority to pursue violations, which could raise concerns among affected professionals and licensing entities about regulatory reach.