2023 House Bill 4616 / Public Act 117

Mental health: children; conversion therapy; prohibit.

An act to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” (MCL 330.1001 to 330.2106) by adding section 901a.

House Fiscal Agency Analysis

House Bill 4616 would amend the Mental Health Code to prohibit a mental health professional from engaging in conversion therapy (as defined by House Bill 4617) with a minor. A mental health professional who violates the prohibition would be subject to disciplinary action and licensing sanctions under sections 16221(a) and 16226 of the Public Health Code. The code defines mental health professional as an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is one of the following: • A physician. • A psychologist. • The following professionals licensed or authorized under the Public Health Code: o A registered professional nurse. o A licensed master’s social worker. o A licensed professional counselor. o A marriage and family therapist.

Introduced in the House

May 23, 2023

Introduced by Rep. Felicia Brabec (D-33) and 38 co-sponsors

Co-sponsored by Reps. Jason Hoskins (D-18), Laurie Pohutsky (D-17), Christine Morse (D-40), Noah Arbit (D-20), Jimmie Wilson (D-32), Carrie Rheingans (D-47), Julie Rogers (D-41), Veronica Paiz (D-11), Jasper Martus (D-69), Samantha Steckloff (D-19), Natalie Price (D-5), Dylan Wegela (D-26), Reggie Miller (D-31), Rachel Hood (D-81), Erin Byrnes (D-15), Penelope Tsernoglou (D-75), Kara Hope (D-74), Mike McFall (D-8), Lori Stone (D-13), Joey Andrews (D-38), Julie Brixie (D-73), Sharon MacDonell (D-56), Kristian Grant (D-82), Will Snyder (D-87), Phil Skaggs (D-80), Jennifer Conlin (D-48), Jim Haadsma (D-44), Tyrone Carter (D-1), Ranjeev Puri (D-24), Helena Scott (D-7), Amos O’Neal (D-94), Emily Dievendorf (D-77), Jenn Hill (D-109), Angela Witwer (D-76), Regina Weiss (D-6), Matt Koleszar (D-22), Kimberly Edwards (D-12) and Jason Morgan (D-23)

Referred to the Committee on Health Policy

June 8, 2023

Reported without amendment

June 14, 2023

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 15, 2023

Referred to the Committee on Housing and Human Services

June 27, 2023

Discharged from committee

Referred to the Committee of the Whole

Reported without amendment

Amendment offered by Sen. Joseph Bellino (R-16)

1. Amend page 1, line 1, after “901a.” by inserting “(1)”.

2. Amend page 1, following line 6, by inserting:

“(2) A referral for an individual under 18 years of age for sterilizing surgery or sterilizing drugs is prohibited. As used in this subsection, “sterilizing” means a medical procedure, treatment, or operation for the sole purpose of rendering an individual permanently incapable of reproducing and not related to the repair of a damaged or dysfunctional body part.”.

The amendment failed 16 to 20 (details)

Amendment offered by Sen. Michele Hoitenga (R-36)

1. Amend page 1, line 1, after “901a.” by inserting “(1)”.

2. Amend page 1, following line 6, by inserting:

“(2) A mental health professional must obtain written permission from a child’s parent or guardian before performing counseling that addresses the child’s view of his or her sexual orientation or gender identity.”.

The amendment failed 16 to 20 (details)

Passed in the Senate 21 to 15 (details)

Signed by Gov. Gretchen Whitmer

July 27, 2023