Therapeutic Fraud Prevention Act of 2025
- Bill Number
- H.R. 3243
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-05-07: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-07-10T08:06:14Z
AI-Generated Summary
Purpose
The Therapeutic Fraud Prevention Act of 2025 aims to ban the commercial practice of conversion therapy, which involves efforts to change an individual's sexual orientation or gender identity. It is based on findings that such practices are scientifically unsupported, ineffective, and harmful to mental and physical health, often leading to issues like depression, self-harm, and suicide. The law seeks to protect lesbian, gay, bisexual, transgender, and gender nonconforming individuals and their families from being defrauded by paid providers of these therapies.
Key Provisions
- Definitions:
- Conversion therapy: Any paid practice or treatment (including related products or services) that attempts to change a person's sexual orientation (homosexuality, heterosexuality, or bisexuality) or gender identity (an individual's internal sense of gender, including appearance and mannerisms, regardless of birth-assigned sex). It excludes therapies that support gender transitions or provide non-directive counseling for acceptance, coping, or preventing unsafe behaviors.
- Person: Includes individuals, businesses, partnerships, corporations, or other entities.
- Unlawful Conduct:
- Prohibits providing conversion therapy for monetary compensation.
- Bans advertising such therapy while claiming it can change sexual orientation/gender identity, reduce same-gender attractions, or is harmless.
- Forbids knowingly assisting or facilitating conversion therapy if compensated.
- Enforcement Mechanisms:
- Federal Trade Commission (FTC): Treats violations as unfair or deceptive practices under the FTC Act, allowing the FTC to investigate, sue, impose penalties, and issue regulations. Violators face civil penalties, similar to consumer protection cases.
- U.S. Attorney General: Can file civil lawsuits in federal court for relief, such as injunctions or damages.
- State Enforcement: State attorneys general (or other authorized officials) can sue on behalf of residents as parens patriae (acting as a protector of vulnerable groups), with notice to the FTC and options for FTC intervention. States retain their own investigatory powers and can pursue parallel state actions. Federal actions preempt state suits against the same defendant during pendency.
- Severability: If any part of the law is ruled unconstitutional, the rest remains in effect.
Significant Changes to Existing Law
This bill introduces a nationwide federal prohibition on commercial conversion therapy, building on the FTC Act's framework for deceptive practices. Previously, regulation was limited to state laws (bans in about 20 states as of 2023) or professional ethical guidelines from organizations like the American Psychological Association, with no uniform federal ban. It expands FTC authority to treat these practices as fraud, while allowing non-commercial, exploratory counseling. The law does not criminalize the conduct but focuses on civil enforcement, differing from some state approaches that include criminal penalties.
Potential Impacts
- On Government Agencies: Increases workload for the FTC in regulating and enforcing against deceptive health practices, potentially requiring new rules and resources. State attorneys general gain federal tools for multi-state actions, improving coordination but risking overlaps.
- On Citizens: Protects vulnerable LGBTQ+ individuals from harmful, paid therapies, potentially reducing mental health risks and family conflicts. However, it may limit access to certain counseling in states without similar protections, though exclusions preserve supportive therapies.
- On International Relations: Minimal direct impact, but it could influence U.S. advocacy for global LGBTQ+ rights by signaling federal opposition to conversion therapy, aligning with international bodies like the UN that have criticized such practices.
Main Stakeholders Affected
- LGBTQ+ Individuals and Families: Primary beneficiaries, shielded from fraudulent and dangerous commercial therapies.
- Mental Health and Counseling Professionals: Must comply to avoid liability; supportive therapists are unaffected, but those offering conversion therapy for pay face bans.
- Providers of Conversion Therapy: Commercial operators (therapists, clinics, or organizations) could face shutdowns, fines, or lawsuits, disrupting their businesses.
- Government Entities: FTC, U.S. Attorney General, and state officials gain enforcement roles, while consumers benefit from stronger fraud protections.
- Religious or Faith-Based Groups: May be impacted if they charge for conversion-related services, though non-commercial religious counseling is not targeted.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Frames conversion therapy as consumer fraud rather than a medical or ethical issue, leveraging existing FTC powers for broader reach without needing new criminal statutes. State-federal coordination could streamline enforcement but may lead to litigation over jurisdiction.
- Constitutional Implications: Potential First Amendment challenges, as the law targets commercial speech (advertising) and compensated services, which receive less protection than pure speech. Exclusions for non-commercial support or First Amendment-protected products aim to mitigate free speech or religious freedom claims (e.g., under the Religious Freedom Restoration Act), but courts may scrutinize if it overly burdens expressive therapies. Severability clause strengthens the law against partial invalidation.
- Political Implications: Reflects growing bipartisan support for LGBTQ+ protections in Congress (introduced by a diverse group of Democrats), but could spark debates on federal overreach into therapy practices or parental rights. Passage might encourage similar state laws, though opposition from conservative groups could delay or alter it in a divided Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (137)
Rep. Nadler, Jerrold [D-NY-12], Rep. Lynch, Stephen F. [D-MA-8], Rep. Sánchez, Linda T. [D-CA-38], Rep. Tlaib, Rashida [D-MI-12], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Neal, Richard E. [D-MA-1], Rep. Moore, Gwen [D-WI-4], Rep. Landsman, Greg [D-OH-1], Rep. McGarvey, Morgan [D-KY-3], Rep. Ansari, Yassamin [D-AZ-3], Rep. Scott, David [D-GA-13], Rep. Garamendi, John [D-CA-8], Rep. Peters, Scott H. [D-CA-50], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Stanton, Greg [D-AZ-4], Rep. Dingell, Debbie [D-MI-6], Rep. Correa, J. Luis [D-CA-46], Rep. DeLauro, Rosa L. [D-CT-3], Rep. Bonamici, Suzanne [D-OR-1], Rep. Strickland, Marilyn [D-WA-10], Rep. Salinas, Andrea [D-OR-6], Rep. Foster, Bill [D-IL-11], Rep. Horsford, Steven [D-NV-4], Rep. DelBene, Suzan K. [D-WA-1], Rep. Williams, Nikema [D-GA-5], Rep. Moskowitz, Jared [D-FL-23], Rep. Davids, Sharice [D-KS-3], Rep. Ross, Deborah K. [D-NC-2], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Takano, Mark [D-CA-39], Rep. Carson, André [D-IN-7], Rep. Quigley, Mike [D-IL-5], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Crockett, Jasmine [D-TX-30], Rep. Casten, Sean [D-IL-6], Rep. Ramirez, Delia C. [D-IL-3], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Latimer, George [D-NY-16], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Sherrill, Mikie [D-NJ-11], Rep. Omar, Ilhan [D-MN-5], Rep. Johnson, Julie [D-TX-32], Rep. Magaziner, Seth [D-RI-2], Rep. Simon, Lateefah [D-CA-12], Rep. Hayes, Jahana [D-CT-5], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. DeGette, Diana [D-CO-1], Rep. Beatty, Joyce [D-OH-3], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Frost, Maxwell [D-FL-10] and 87 more
Recent Actions
- 2025-05-07: Referred to the House Committee on Energy and Commerce.
- 2025-05-07: Introduced in House
- 2025-05-07: Introduced in House
Bill Versions
- Therapeutic Fraud Prevention Act of 2025 — issued 2025-05-07 — PDF (11 pages)