2023 House Bill 4617 / Public Act 118

Mental health: other; definition of conversion therapy; provide for.

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,” by amending section 100a (MCL 330.1100a), as amended by 2020 PA 402.

House Fiscal Agency Analysis

House Bill 4617 would amend the Mental Health Code to define conversion therapy to mean any practice or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity. This would include, but not be limited to, efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender. The term would not include counseling that provides assistance to an individual undergoing a gender transition, counseling that provides acceptance, support, or understanding of an individual or facilitates an individual’s coping, social support, or identity exploration and development, including sexual orientation-neutral intervention to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change an individual’s sexual orientation or gender identity.

Introduced in the House

May 23, 2023

Introduced by Rep. Jason Hoskins (D-18) and 38 co-sponsors

Co-sponsored by Reps. Felicia Brabec (D-33), 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

Amendment offered by Rep. Jason Hoskins (D-18)

1. Amend page 6, line 12, after “identity.” by inserting “As used in this subsection:

(a) “Gender identity” means “gender identity or expression” as that term is defined in section 103 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2103.

(b) “Sexual orientation” means that term as defined in section 103 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2103.”

The amendment passed by voice vote

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. Jonathan Lindsey (R-17)

1. Amend page 6, line 12, after “identity.” by inserting “Conversion therapy does not include a mental health professional discussing with a minor the minor’s biological sex at birth.”.

The amendment failed 16 to 20 (details)

Substitute S-1 offered by Sen. John Damoose (R-37)

The substitute failed 16 to 20 (details)

Passed in the Senate 21 to 15 (details)

Signed by Gov. Gretchen Whitmer

July 27, 2023