Therapeutic Fraud Prevention Act of 2025
- Sponsor
- Rep. Lieu, Ted [D-CA-36]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- May 7, 2025
Bottom line
This bill aims to federally ban commercial sexual orientation and gender identity conversion therapy, citing its ineffectiveness and harm, and establishes multiple enforcement avenues through federal and state agencies.
What it actually does
This bill prohibits commercial sexual orientation and gender identity conversion therapy, treating violations as unfair or deceptive practices under the Federal Trade Commission Act. It establishes enforcement authority for the Federal Trade Commission, the Attorney General, and State attorneys general. The bill defines conversion therapy and explicitly excludes supportive or gender-affirming practices.
Proponents argue
Proponents argue that commercial conversion therapy is a fraudulent and harmful practice, lacking scientific validity and posing significant risks to mental and physical health, including depression, self-harm, and suicide. They assert that the bill protects vulnerable LGBTQ+ individuals and their families from deceptive practices by those seeking to profit from ineffective and dangerous treatments, aligning with the consensus of major medical and psychological organizations.
Opponents contend
Opponents might argue that such a ban infringes on religious freedom or parental rights to seek counseling for their children, or that it oversteps federal authority into areas traditionally regulated by states or professional licensing boards. Some may also contend that it limits therapeutic options for individuals seeking to align their identity with their faith or personal values, even if the mainstream medical community deems such efforts ineffective.
The bill is concise and clearly written, making it accessible for a quick and thorough review by an informed reader.
Section 4(a)(1)
Direct Prohibition of Commercial Conversion Therapy
This provision makes it unlawful for any person to provide conversion therapy to an individual if they receive monetary compensation for the practice or for integral products/services (unless First Amendment protected). This directly targets the commercial aspect of the practice, aiming to eliminate profit-driven conversion efforts.
Supporters argue
Supporters argue this directly addresses the harm caused by commercial conversion therapy by making its provision illegal, thereby protecting vulnerable populations from fraudulent and damaging practices that lack scientific support.
Critics contend
Critics might argue this provision infringes on the autonomy of individuals to seek desired counseling services or the freedom of practitioners to offer them, potentially raising First Amendment concerns regarding speech or religious exercise.
Tradeoffs
This provision balances the protection of vulnerable individuals from harmful practices against concerns about individual autonomy and the scope of government regulation in therapeutic services, particularly when compensation is involved.
Section 4(a)(2)
Ban on Deceptive Advertising for Conversion Therapy
This section makes it unlawful to advertise conversion therapy if the advertisement claims to change sexual orientation or gender identity, eliminate or reduce same-gender attractions, or states that such efforts are harmless or without risk. This targets the marketing and promotion of the therapy, aiming to prevent misleading claims.
Section 4(a)(3)
Prohibition on Knowingly Assisting Commercial Conversion Therapy
This provision makes it unlawful for any person to knowingly assist or facilitate the provision of conversion therapy to an individual if that person receives compensation from any source in connection with providing conversion therapy. This extends the ban beyond direct providers to those who enable the practice for profit.
Section 4(b)
FTC Enforcement Authority
This section designates a violation of the bill's prohibitions as a violation of a rule defining an unfair or deceptive act or practice under the Federal Trade Commission Act. It grants the FTC the same enforcement powers and duties as it has under its existing authority, including the ability to promulgate regulations to carry out this section.
Section 4(c) and 4(d)
Concurrent Enforcement by Attorney General and States
This section grants the Attorney General the authority to bring civil actions in federal courts against violators. It also allows State attorneys general (or other authorized State officials) to bring civil actions as parens patriae on behalf of their residents, with requirements for notifying the FTC and allowing FTC intervention. It includes provisions for venue, service of process, and a savings clause for State laws.
The definition of 'conversion therapy' explicitly excludes practices that do not seek to change sexual orientation or gender identity, such as providing assistance to an individual undergoing a gender transition, or offering acceptance, support, and identity exploration, including interventions for unlawful conduct or unsafe sexual practices.
Section 3(1)(B)
Why it matters:This is standard legislative practice to precisely define the scope of a prohibition and avoid unintended consequences or overreach. It ensures that legitimate, supportive therapeutic practices are not inadvertently banned.
Case for: Proponents argue this exclusion is vital to ensure the bill targets only harmful, ineffective conversion therapy while protecting legitimate and affirming care for LGBTQ+ individuals, including gender-affirming care and general mental health support.
Case against: Critics might argue that these exclusions are insufficient or could still be interpreted broadly by enforcement agencies, potentially chilling other forms of counseling that they believe should be permitted.
Estimated impact: Clarifies the scope of the ban, preventing legal challenges based on overbreadth and ensuring continued access to non-conversion-oriented care for LGBTQ+ individuals.
The definition of 'conversion therapy' includes receiving monetary compensation for a product or service integral to the provision of such practice, 'unless such product or service is protected by the First Amendment to the Constitution.'
Section 3(1)(A)(ii)
Why it matters:This is a standard legislative technique to preemptively address potential constitutional challenges, particularly concerning free speech or religious exercise, by explicitly acknowledging First Amendment limitations on the bill's scope.
Case for: Proponents argue this clause demonstrates the bill's respect for constitutional rights, ensuring that genuinely protected speech or religious practices are not inadvertently criminalized, while still targeting fraudulent commercial practices.
Case against: Critics might argue that this clause creates a potential loophole, allowing some forms of conversion therapy to continue under the guise of protected speech or religious expression, thereby undermining the bill's intent.
Estimated impact: Narrows the scope of the ban to avoid constitutional conflicts, potentially limiting its reach in certain contexts but strengthening its legal defensibility against constitutional challenges.