Purpose. This chapter is an exercise of the municipality's police power for the public safety, health, and welfare in relation to the provision of medical and mental health practices; and its provisions shall be liberally construed to accomplish this purpose.
(AO No. 2020-65, § 1, 9-25-2020)
A. 
Findings and intent. Medical and mental health experts have denounced efforts to change sexual orientation and gender identity as ineffective and unsafe for people, especially minors. These efforts are based on the discredited premise that being non-heterosexual or transgender is a mental disorder that can be corrected or cured. It is the intent of the assembly that these unethical treatments that correlate with serious and dangerous harm to the health and well-being of minors be prohibited. Therefore, the assembly finds and declares that protecting minors from efforts to change sexual orientation or gender identity is necessary to further its compelling interest in protecting the physical and psychological well-being of minors, and no other means of protecting minors from the harms associated with these treatments would be effective.
B. 
Definitions. The following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Minor"
refers to any person under 18 years of age.
"Provider"
means any person licensed by a state professional licensing board or accredited professional licensing association to provide professional counseling including, but not limited to, behavior analysts, licensed professional counselors, marital and family therapists or associates, physicians or assistants, osteopaths or assistants, registered or practical nurses or assistive personnel, certified nurse aides, physical or occupational therapists or assistants, psychologists or psychological associates, social workers or associates, licensed professional conservators or guardians, naturopaths, or a licensed person who performs counseling as part of the person's professional services.
"Sexual orientation or gender identity change efforts, also known as conversion therapy or reparative therapy,"
means any counseling, practice, or treatment that seeks to change a person's sexual orientation or gender identity including, but not limited to, efforts to change behaviors or gender expression, or reduce or eliminate sexual or romantic attraction or feelings toward a person of the same gender. Sexual orientation or gender identity change efforts do not include counseling that does not seek to change sexual orientation or gender identity and that:
1. 
Assists a person undergoing gender transition;
2. 
Provides acceptance, support, and understanding to the person; or
3. 
Facilitates a person's coping, social support, identity exploration, and development, including sexual orientation and gender identity-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices.
C. 
Prohibition on sexual orientation and gender identity change efforts. It is unlawful for any provider to provide, apply, or use sexual orientation or gender identity change efforts with a patient who is a minor.
D. 
Subsection C does not apply to a clergy member or religious counselor who is acting substantially in a pastoral or religious capacity and not in the capacity of a health care professional.
E. 
Parent and guardian rights. Nothing in this chapter will infringe on the right of parents or legal guardians to help and counsel their minor children regarding their ethical, religious or other viewpoints regarding sexual orientation or gender identity.
F. 
Private action. Any person aggrieved, harmed, injured, or suffering loss or damages by the act or omission of another person constituting a violation of the provisions of this section may, following 30 days written notice to the municipal attorney or department, commence and maintain a civil action for injunctive relief authorized by section 1.45.010B. In any action under this section, the municipality, if not a party, may intervene as a matter of right.
G. 
Violation of this section shall be punishable by a civil penalty in accordance with chapter 14.60. Each day in violation constitutes a separate offense.
(AO No. 2020-65, § 1, 9-25-2020)