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S. 1663: Therapeutic Fraud Prevention Act of 2025

The Therapeutic Fraud Prevention Act of 2025 aims to prohibit the practice of conversion therapy, which seeks to change an individual's sexual orientation or gender identity. Here are the key points regarding the bill:

Findings

The bill starts by stating that:

Identities such as lesbian, gay, bisexual, transgender, or gender nonconforming are not considered disorders or deficiencies.
Professional communities in education, health, and mental health have found no scientific evidence supporting conversion therapy's effectiveness.
Conversion therapy has been shown to pose risks to mental and physical health, including contributing to depression and suicide.
There is a need to protect individuals and families from being misled and harmed by those profiting from this practice.

Definitions

Key terms defined in the bill include:

Conversion therapy: Any practice aimed at changing an individual's sexual orientation or gender identity, for which the provider receives compensation.
Gender identity: The personal sense of one's gender, which may differ from the sex assigned at birth.
Person: Includes individuals and various entities such as corporations and partnerships.
Sexual orientation: Includes identities such as homosexuality, heterosexuality, and bisexuality.

Prohibited Actions

The bill explicitly makes it unlawful for any person to:

Provide conversion therapy to individuals.
Advertise conversion therapy with claims of changing sexual orientation or gender identity, or promote it as harmless.
Assist in facilitating conversion therapy if they receive compensation for doing so.

Enforcement

The bill outlines enforcement mechanisms that include:

The Federal Trade Commission (FTC) will enforce these regulations. Violating the rules regarding conversion therapy will be treated as an unfair or deceptive practice.
The Attorney General can bring civil actions against individuals or entities that violate these prohibitions.
State attorneys general may also bring actions on behalf of their residents for practices threatening their interests.

Regulatory Powers

The Federal Trade Commission is granted the authority to create regulations to fulfill the act's objectives, ensuring compliance and enforcement of its provisions.

Severability Clause

The bill contains a severability clause, which means that if any part of the Act is deemed unconstitutional, the remaining parts will still remain in effect.