HB 1322

HOUSE BILL 26-1322
BY REPRESENTATIVE(S) Valdez and McCormick, Bacon, Boesenecker,
Brown, Camacho, Carter, Clifford, Duran, Froelich, Garcia, Gilchrist,
Goldstein, Hamrick, Joseph, Lieder, Lindsay, Mabrey, Martinez, Mauro,
Nguyen, Paschal, Rutinel, Rydin, Sirota, Smith, Stewart K., Stewart R.,
Story, Titone, Velasco, Willford, Woodrow, Zokaie, McCluskie;
also SENATOR(S) Cutter and Mullica, Amabile, Ball, Benavidez, Bridges,
Danielson, Daugherty, Exum, Gonzales J., Hinrichsen, Kipp, Kolker,
Lindstedt, Roberts, Snyder, Sullivan, Wallace, Weissman, Coleman.
CONCERNING CIVIL ACTIONS AGAINST CERTAIN INDIVIDUALS ENGAGING IN
        CONVERSION THERAPY EFFORTS.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (I) The general assembly
finds and declares that:
      (a) The American Psychological Association, the American
Psychiatric Association, the American Academy ofPediatrics, the American
Medical Association, the American Counseling Association, the American
Academy of Child and Adolescent Psychiatry, the American School
Counselor Association, the National Association of Social Workers, and
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
other mental health and medical organizations in the United States have
determined that efforts to change an individual's sexual orientation or
gender identity are harmful and ineffective;
       (b) In 2009, the American Psychological Association Task Force on
Appropriate Therapeutic Responses to Sexual Orientation conducted a
systematic review of peer-reviewed research and concluded that sexual
orientation change efforts are unlikely to be successful and involve risk of
harm, including depression, suicidality, and anxiety;
        (c) In 2021, the American Psychological Association adopted a
resolution calling for the elimination of sexual orientation and gender
identity change efforts, concluding that sexual orientation and gender
identity change efforts are harmful and ineffective in changing a person's
sexual orientation or gender identity;
        (d) The scientific and clinical consensus establishes that sexual
orientation or gender identity change efforts pose serious risks of harm to
patients, including depression, guilt, helplessness, hopelessness, shame,
social withdrawal, suicidality, substance abuse, stress, self-blame, decreased
self-esteem, feelings of anger and betrayal, loss ofreligious faith, alienation
from family, problems in sexual and emotional intimacy, sexual
dysfunction, high-risk sexual behaviors, feelings ofbeing dehumanized, and
a sense of having wasted time and resources;
        (e) The psychological harm caused by sexual orientation or gender
identity change efforts often do not manifest until years or decades after the
efforts occurred. Survivors frequently fail to recognize such treatment as
harmful and fail to connect their psychological injuries to the treatment until
much later in life or are deterred from coming forward by shame instilled
by the treatment itself.
       (t) The dynamics of the therapeutic relationship, including the trust
placed on mental health professionals, the age and vulnerability of patients,
the authority exercised by professionals, and the shame and internalized
stigma resulting from such treatment, create barriers to timely disclosure
and recognition of harm similar to those recognized by this state in the
context of childhood sexual abuse;
       (g) The existing statute of limitations for professional negligence
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does not adequately account for the delayed recognition of psychological
injury that is characteristic of harm caused by sexual orientation or gender
identity change efforts;
        (h) The psychological harms described in this declaration result
from efforts to direct a patient toward a predetermined outcome regarding
the patient's sexual orientation or gender identity, regardless of the nature
of that predetermined outcome;
       (i) The general assembly has previously recognized, in enacting
Senate Bill 21-073, that survivors of sexual misconduct frequently do not
recognize or connect their psychological injuries to the underlying conduct
until well into adulthood and that an extended limitations period is
appropriate to account for this delayed recognition. The same considerations
apply to survivors of sexual orientation or gender identity change efforts.
       U) It is the intent of the general assembly to provide individuals who
suffer harm as a result of sexual orientation or gender identity change
efforts with adequate time to seek civil remedies for the harms they have
suffered.
       SECTION 2. In Colorado Revised Statutes, add 13-20-1302 as
follows:
       13-20-1302. Actions based on sexual orientation or gender
identity change efforts - limitation - damages - legislative intent -
definitions.
       (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (a) "LICENSED MENTAL HEALTH PROFESSIONAL" MEANS A MENTAL
HEALTH PROVIDER WHO HOLDS OR HELD A VALID LICENSE, CERTIFICATION,
OR REGISTRATION ISSUED PURSUANT TO ARTICLE 245 OF TITLE 12 AT THE
TIME THE SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS
OCCURRED.
       (b) (I)   "SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE
EFFORTS" MEANS ANY PRACTICE BY A LICENSED MENTAL HEALTH
PROFESSIONAL     THAT    SEEKS    TO   DIRECT    A   PATIENT   TOWARD      A
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PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME, OR
TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS
TOWARD INDIVIDUALS OF A PARTICULAR SEX OR GENDER, REGARDLESS OF
THE SEXUAL ORIENTATION OR GENDER IDENTITY THE PATIENT IS DIRECTED
TOWARD.
      (II) "SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS"
DOES NOT INCLUDE:
      (A)     COUNSELING OR THERAPY THAT PROVIDES ACCEPTANCE,
SUPPORT, AND UNDERSTANDING OF A PATIENT OR FACILITATES A PATIENT'S
COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOPMENT,
WITHOUT SEEKING TO DIRECT THE PATIENT TOWARD A PREDETERMINED
SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME;
      (B) COUNSELING OR THERAPY THAT IS NEUTRAL WITH RESPECT TO
SEXUAL ORIENTATION AND GENDER IDENTITY AND THAT DOES NOT SEEK TO
DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION OR
GENDER IDENTITY OUTCOME; OR
      (C)    COUNSELING OR THERAPY RELATED TO A PATIENT'S SEXUAL
BEHAVIORS,    PRACTICES,   OR   RELATIONSHIPS,   PROVIDED   THAT   THE
COUNSELING OR THERAPY DOES NOT SEEK TO DIRECT THE PATIENT TOWARD
A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY.
      (2)(a) APERSONWHOSUFFEREDANINJURYASARESULTOFSEXUAL
ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS MAY BRING A CIVIL
ACTION FOR DAMAGES.
      (b)    NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS
SPECIFIED IN ARTICLE 80 OF THIS TITLE 13 OR ANY OTHER PROVISION OF LAW
THAT CAN BE CONSTRUED TO LIMIT THE TIME PERIOD TO COMMENCE AN
ACTION DESCRIBED IN THIS SECTION, A CIVIL ACTION TO RECOVER DAMAGES
FOR THE PROVISION OF SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE
EFFORTS MAY BE COMMENCED AT ANY TIME WITHOUT LIMITATION.
      (3)    IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE
PLAINTIFF MAY RECOVER DAMAGES THAT INCLUDE:
      (a) ECONOMIC DAMAGES;
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      (b) NONECONOMIC DAMAGES;
      (c) EXEMPLARY DAMAGES IF THE CONDUCT OF THE DEFENDANT WAS
WILLFUL OR WANTON, AS PROVIDED IN SECTION 13-21-102; AND
      (d) ANY OTHER DAMAGES DEEMED APPROPRIATE BY THE COURT.
      (4) IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE TRIER
OF FACT MAY CONSIDER THE NATURE, DURATION, AND INTENSITY OF THE
SEXUAL ORIENTATION OR GENDER IDENTITY CHANGE EFFORTS, THE AGE AND
VULNERABILITY OF THE PLAINTIFF AT THE TIME THE SEXUAL ORIENTATION
OR GENDER IDENTITY CHANGE EFFORTS TOOK PLACE, THE RELATIONSHIP
BETWEEN THE PLAINTIFF AND THE MENTAL HEALTH PROFESSIONAL, THE
TEMPORAL RELATIONSHIP BETWEEN THE SEXUAL ORIENTATION OR GENDER
IDENTITY CHANGE EFFORTS AND THE ONSET OR EXACERBATION OF
SYMPTOMS, AND ANY OTHER RELEVANT FACTORS.
      (5) (a) THE CAUSE OF ACTION DESCRIBED IN THIS SECTION SURVIVES
THE DEATH OF THE PERSON WHO UNDERWENT SEXUAL ORIENTATION OR
GENDER IDENTITY CHANGE EFFORTS AND MAY BE BROUGHT OR MAINTAINED
BY THE PERSON'S PERSONAL REPRESENTATIVE OR ESTATE.
      (b) NOTWITHSTANDING THE STATUTE OF LIMITATIONS DESCRIBED IN
SECTION 13-80-112, AN ACTION BROUGHT AS A SURVIV AL ACTION PURSUANT
TO SUBSECTION (5)(a) OF THIS SECTION MUST BE BROUGHT WITHIN FIVE
YEARS AFTER THE PERSON'S DEATH.
      (c) NOTWITHSTANDING THE LIMITATION ON DAMAGES IN SECTION
13-20-101 (1), THE PERSON'S PERSONAL REPRESENTATIVE OR ESTATE MAY
RECOVER ALL DAMAGES AVAILABLE PURSUANT TO SUBSECTION (3) OF THIS
SECTION IN AN ACTION BROUGHT OR MAINTAINED PURSUANT TO THIS
SUBSECTION (5).
      (6) THIS SECTION DOES NOT CREATE A NEW CAUSE OF ACTION.
      (7) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SECTION
BE INTERPRETED BROADLY TO EFFECTUATE ITS REMEDIAL PURPOSE OF
PROVIDING CIVIL REMEDIES TO PERSONS HARMED BY SEXUAL ORIENTATION
OR GENDER IDENTITY CHANGE EFFORTS.
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       (8) THIS SECTION APPLIES TO CAUSES OF ACTION ACCRUING ON OR
AFTER JULY 1, 2026, AND TO CAUSES OF ACTION ACCRUING BEFORE JULY 1,
2026, IF THE APPLICABLE STATUTE OF LIMITATIONS, AS IT EXISTED PRIOR TO
JULY 1, 2026, HAS NOT YET RUN ON JULY 1, 2026.
       SECTION 3. In Colorado Revised Statutes, 12-245-202, amend
(3 .5) as follows:
       12-245-202. Definitions.
       As used in this article 245, unless the context otherwise requires:
       (3.5)   W "Conversion therapy" means any prnetice m tteatment by
a licensee, tegistrant, OI certificate holdet that attempts m pmports to
change an individual's sexual m ientation ot gendet identity, ineluding
efforts to change behaviots m gendet exptessions ot to eliminate m teduce
sexual ot rnmantie attraction ot feelings towatd individuals of the same sex
MEANS ANY PRACTICE OR TREATMENT BY A LICENSED MENTAL HEALTH-CARE
PROVIDER THAT SEEKS TO DIRECT A PATIENT TOWARD A PREDETERMINED
SEXUAL ORIENTATION OR GENDER IDENTITY OUTCOME, OR ELIMINATE OR
REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARD
INDIVIDUALS OF A PARTICULAR SEX OR GENDER, REGARDLESS OF THE
SEXUAL ORIENTATION OR GENDER IDENTITY THE PATIENT IS DIRECTED
TOWARD.
       (b) "Conversion therapy" does not inelude prnctices m tteatments
that pm vide INCLUDE:
        (I) Acceptance, support, and undetstanding fut the facilitation ofan
individual's coping, social support, and identity explm ation and
de\i elopment, ineluding sexual-ot ientation-neutr al inter ventions to pt event
or addtess unlawful conduct m unsafe sexual practices, as long as the
counseling does not seek to change sexual m ientation m gendet identity, ot
       (II)     Assistance to a per son undet going gender tI ansition.
COUNSELING OR THERAPY THAT PROVIDES ACCEPTANCE, SUPPORT, AND
UNDERSTANDING OF A PATIENTORFACILITATES A PATIENT'S COPING, SOCIAL
SUPPORT, AND IDENTITY EXPLORATION AND DEVELOPMENT, WITHOUT
SEEKING TO DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL
ORIENTATION OR GENDER IDENTITY OUTCOME;
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       (III) COUNSELING OR THERAPY THAT IS NEUTRAL WITH RESPECT TO
SEXUAL ORIENTATION AND GENDER IDENTITY AND THAT DOES NOT SEEK TO
DIRECT THE PATIENT TOWARD A PREDETERMINED SEXUAL ORIENTATION OR
GENDER IDENTITY OUTCOME; OR
       (IV) COUNSELING OR THERAPY RELATED TO A PATIENT'S SEXUAL
BEHAVIORS,    PRACTICES,    OR   RELATIONSHIPS,     PROVIDED     THAT    THE
COUNSELING OR THERAPY DOES NOT SEEK TO DIRECT THE PATIENT TOW ARD
A PREDETERMINED SEXUAL ORIENTATION OR GENDER IDENTITY.
        SECTION 4. Effective date - applicability. This act takes effect
July I, 2026, and applies to a cause of action filed on or after said date.
       SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
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the supp011 and maintenance of the departments of the state and state
institutions.
J t ~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
      APPROVED t>\i\ VY\    MJ~ J l.V\--e, \ ,-+ 201-v <A--t l (): 'S()qm
                                   ate and Time)
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