Therapeutic Fraud Prevention Act of 2025
- Bill Number
- S. 1663
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-05-07: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2025-12-05T21:32:33Z
AI-Generated Summary
Purpose
The Therapeutic Fraud Prevention Act of 2025 aims to ban commercial practices known as "conversion therapy," which seek to change an individual's sexual orientation or gender identity. It is based on congressional findings that such practices are not supported by scientific evidence, are ineffective, and pose serious risks to mental and physical health, including increased chances of depression, self-harm, and suicide. The law seeks to protect lesbian, gay, bisexual, transgender, and gender nonconforming individuals and their families from being misled or harmed by profit-driven therapies.
Key Provisions
- Definitions:
- Conversion therapy: Any paid practice or treatment (including related products or services) that attempts to alter 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 transition or provide non-directive counseling, support, or education on safe practices without aiming to change identity.
- Person: Includes individuals, businesses, or other entities.
- Unlawful Conduct:
- Prohibits providing conversion therapy for monetary compensation.
- Bans advertising such therapy while claiming it can change orientation/identity, reduce same-gender attractions, or is risk-free.
- Forbids knowingly assisting or facilitating conversion therapy if compensated.
- Enforcement Mechanisms:
- The Federal Trade Commission (FTC) enforces violations as unfair or deceptive acts under the Federal Trade Commission Act, with powers to investigate, issue regulations, and impose penalties (e.g., fines).
- The U.S. Attorney General can file civil lawsuits for relief (e.g., injunctions or damages).
- State attorneys general or other authorized officials can sue on behalf of residents, but must notify the FTC first (with exceptions for urgent cases); the FTC can intervene. States retain their own investigatory powers and can pursue state-law claims alongside federal ones.
- If the FTC acts first, states cannot sue the same defendant for the same violation during the federal case.
- Severability: If any part of the law is ruled unconstitutional, the rest remains in effect.
Significant Changes to Existing Law
This bill introduces a first-of-its-kind federal prohibition on commercial conversion therapy, treating it as consumer fraud rather than a medical or free speech issue. Previously, regulation was limited to state-level bans in about 20 states, with no nationwide standard. It expands FTC authority to regulate these practices as deceptive, similar to false advertising laws, and coordinates federal-state enforcement without preempting state laws.
Potential Impacts
- On Government Agencies: The FTC gains new regulatory duties, including rulemaking and enforcement, potentially increasing workload and resources needed for investigations. State attorneys general may see more coordinated civil actions, fostering interstate cooperation.
- On Citizens: Lesbian, gay, bisexual, transgender, and gender nonconforming individuals (especially minors) are protected from harmful, paid therapies, reducing exposure to pseudoscientific treatments. Families may avoid financial exploitation, but non-commercial (e.g., religious) counseling remains allowed.
- On International Relations: Minimal direct impact, though it could influence U.S. advocacy for LGBTQ+ rights abroad by setting a federal example against harmful practices.
Main Stakeholders Affected
- LGBTQ+ Individuals and Families: Primary beneficiaries, shielded from ineffective and dangerous therapies.
- Mental Health and Counseling Professionals: Supported by the law's alignment with professional consensus; ethical providers (e.g., those offering affirming care) are unaffected or protected.
- Therapy Providers and Businesses: Commercial operators offering conversion therapy face bans, penalties, and lawsuits, potentially leading to closures or shifts to non-commercial models.
- Government Entities: FTC, U.S. Attorney General, and state officials gain enforcement tools but must manage overlapping jurisdictions.
- Advocacy Groups: Organizations promoting LGBTQ+ rights may use this for further protections, while opponents (e.g., some religious or conservative groups) could challenge it.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Enforcement relies on consumer protection frameworks, allowing civil penalties (e.g., fines up to thousands per violation under FTC rules) but no criminal charges. It emphasizes "commercial" aspects to avoid broader speech restrictions, explicitly excluding First Amendment-protected products/services.
- Constitutional Implications: Potential challenges on free speech (advertising bans) or religious freedom grounds, though the law's focus on compensated, deceptive practices and severability clause aim to withstand scrutiny. It aligns with equal protection principles by addressing discrimination against LGBTQ+ people without mandating speech.
- Political Implications: Introduced by a bipartisan but predominantly Democratic group of 36 senators, it reflects growing federal focus on LGBTQ+ protections amid cultural debates. Referral to the Commerce, Science, and Transportation Committee signals emphasis on consumer fraud over health policy, potentially easing passage but inviting opposition from those viewing it as overreach into personal or religious counseling.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (38)
Sen. Booker, Cory A. [D-NJ], Sen. Baldwin, Tammy [D-WI], Sen. Bennet, Michael F. [D-CO], Sen. Blumenthal, Richard [D-CT], Sen. Cantwell, Maria [D-WA], Sen. Coons, Christopher A. [D-DE], Sen. Cortez Masto, Catherine [D-NV], Sen. Duckworth, Tammy [D-IL], Sen. Durbin, Richard J. [D-IL], Sen. Fetterman, John [D-PA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Hassan, Margaret Wood [D-NH], Sen. Heinrich, Martin [D-NM], Sen. Hickenlooper, John W. [D-CO], Sen. Hirono, Mazie K. [D-HI], Sen. Kaine, Tim [D-VA], Sen. Kelly, Mark [D-AZ], Sen. Kim, Andy [D-NJ], Sen. King, Angus S., Jr. [I-ME], Sen. Klobuchar, Amy [D-MN], Sen. Lujan, Ben Ray [D-NM], Sen. Markey, Edward J. [D-MA], Sen. Merkley, Jeff [D-OR], Sen. Murphy, Christopher [D-CT], Sen. Padilla, Alex [D-CA], Sen. Reed, Jack [D-RI], Sen. Rosen, Jacky [D-NV], Sen. Sanders, Bernard [I-VT], Sen. Schiff, Adam B. [D-CA], Sen. Shaheen, Jeanne [D-NH], Sen. Slotkin, Elissa [D-MI], Sen. Smith, Tina [D-MN], Sen. Van Hollen, Chris [D-MD], Sen. Warren, Elizabeth [D-MA], Sen. Welch, Peter [D-VT], Sen. Whitehouse, Sheldon [D-RI], Sen. Wyden, Ron [D-OR], Sen. Gallego, Ruben [D-AZ]
Recent Actions
- 2025-05-07: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-05-07: Introduced in Senate
Bill Versions
- Therapeutic Fraud Prevention Act of 2025 — issued 2025-05-07 — PDF (11 pages)