The Therapeutic Fraud Prevention Act of 2025 would bar providing conversion therapy for compensation and prohibit advertising or facilitating such services when money changes hands. It creates a federal enforcement framework through the Federal Trade Commission, with state-level remedies available to protect residents.
The bill targets commercial operators and anyone who profits from products or services tied to conversion therapy while carving out protections for gender-transition support and non-coercive, affirming care. It signals a clear policy position: conversion therapy is harmful, ineffective, and not a legitimate health service, and it authorizes robust enforcement to deter deceptive practices.
At a Glance
What It Does
Prohibits providing conversion therapy for compensation, bans advertising that claims it can change orientation or identity, and prohibits knowingly assisting or facilitating such therapy when compensation is involved. It defines conversion therapy and its boundaries, including a First Amendment carve-out for certain products or services.
Who It Affects
Providers of conversion therapy and any entity that profits from related services or products; advertisers and marketing platforms; state attorneys general and the Federal Trade Commission; health, education, and counseling professionals who may encounter requests related to conversion therapy.
Why It Matters
Creates a unified federal standard against conversion therapies tied to compensation, enabling consistent enforcement across states via FTC and state AG offices. It also clarifies the boundaries between therapeutic support and discredited practices, with potential cross-jurisdictional coordination.
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What This Bill Actually Does
The bill begins by naming itself the Therapeutic Fraud Prevention Act of 2025 and then lays out a set of findings about the non-disorder nature of lesbian, gay, bisexual, transgender, and gender-nonconforming identities. It asserts that professional bodies agree conversion therapy is ineffective and dangerous, contributing to depression, self-harm, and suicide.
The core of the bill is Section 3, which defines conversion therapy and its boundaries. Conversion therapy is any practice that seeks to change a person’s sexual orientation or gender identity in exchange for money or for money tied to goods or services integral to delivering that therapy, with a notable exception for gender-transition support and non-coercive, affirming care.
Section 4 makes it unlawful to provide conversion therapy, to advertise for it with harmful or false claims, or to assist or facilitate it when compensation is involved. Enforcement is dual-track: the FTC would treat violations as unfair or deceptive acts or practices, and the Attorney General could bring civil actions on behalf of residents of the United States.
The bill also authorizes a parens patriae role for state attorneys general, with notice to the FTC and potential FTC intervention. Sections on venue, service, and preemption ensure that enforcement can proceed in federal courts and that federal action can interact with state efforts.
Finally, Section 5 provides a severability clause to preserve the rest of the act if a provision is held invalid.Taken together, the act signals a strong federal stance against profit-driven conversion therapies, while preserving a framework for intergovernmental cooperation and for states to pursue related actions. The text explicitly frames conversion therapy as a matter of consumer protection and public health, rather than a permissible therapeutic practice, and it sets up a pathway for enforcement against deceptive advertising and profit-motivated providers.
The Five Things You Need to Know
The bill prohibits providing conversion therapy in exchange for money, including compensation via products or services integral to the therapy, with a First Amendment carve-out for protected items.
Advertising claims that a provider can change a person’s sexual orientation or gender identity, or that such therapy is harmless, are unlawful.
Enforcement is led by the Federal Trade Commission as an unfair or deceptive act or practice, with authority to issue regulations to carry out the act.
State attorneys general can bring civil actions on behalf of residents, with FTC participation available to intervene or appeal.
A severability clause preserves the remainder of the act if any provision is struck down, and the act coordinates federal and state enforcement mechanisms.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short title
This section designates the act as the Therapeutic Fraud Prevention Act of 2025. It is a formal labeling provision that sets the naming convention for all references in subsequent sections and external documents.
Findings
The findings frame the policy rationale: sexual orientation and gender identity are not disorders, and conversion therapy lacks scientific support and poses mental health risks. The findings reference professional consensus on the harms of conversion therapy and position the act as a protective public health measure designed to prevent exploitation for profit.
Definitions
This section defines 'conversion therapy' as a paid practice or treatment that attempts to change sexual orientation or gender identity, including related behavioral efforts or gender expression changes. It also specifies that compensation including products or services linked to the therapy falls within the definition, unless protected by the First Amendment, and it clarifies terms like 'gender identity' and 'sexual orientation.'
Unlawful conduct related to conversion therapy
Section 4 makes it unlawful to provide conversion therapy for compensation, to advertise such services with prohibited claims, or to knowingly assist or facilitate conversion therapy when compensation is involved. This creates a clear prohibition on monetized engagement with the practice and on misleading advertising.
Enforcement
Enforcement is split between the Federal Trade Commission and state attorneys general. The FTC treats violations as unfair or deceptive practices and can regulate accordingly; state AGs can file civil actions and may request FTC intervention. The section also details venue, service of process, and the possibility for FTC to intervene in state-initiated actions.
Severability
If any provision is held unconstitutional, the remainder of the act remains in effect. This ensures the policy goals can survive if a specific clause is struck down in court.
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Explore Healthcare in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- LGBTQ individuals and families, particularly youth, who would be protected from coercive and ineffective therapies and the associated mental health harms.
- Mental health and counseling professionals who practice evidence-based care and want to avoid liability from associations with conversion therapies.
- Consumer protection agencies and the general public, who benefit from clearer prohibitions against deceptive advertising and profit-driven practices.
- State attorneys general and the Federal Trade Commission, which gain a cohesive federal framework for enforcement across jurisdictions.
- Health plans and insurers that would otherwise subsidize or be implicated in discredited treatments.
Who Bears the Cost
- Providers who currently offer conversion therapy, face potential civil penalties and liability for damages or injunctions.
- Advertisers and marketing platforms that promote conversion therapy or related claims, due to increased liability and enforcement costs.
- Private organizations and clinics that rely on monetizing unproven therapies may incur compliance costs and restructuring needs.
- Entities that sell products or services tied to conversion therapy may face regulatory scrutiny and potential sanctions.
- Some educational or community organizations may experience added administrative burdens to ensure compliance with advertising and professional standards.
Key Issues
The Core Tension
The central dilemma is whether a robust prohibition on monetized conversion therapy can be reconciled with potential First Amendment considerations and states' rights to regulate medical and counseling practices, while ensuring consistent, enforceable standards across diverse jurisdictions.
The act raises policy tensions around balancing public health protections with free speech and professional autonomy. The reliance on FTC enforcement foregrounds consumer protection tools, but questions remain about how broadly the definitions cover related services and how compensation is interpreted when third-party payers are involved.
Implementation will hinge on how state actions coordinate with federal enforcement, and on whether existing professional guidelines align with the act’s prohibitions. Additionally, concerns about the scope of preemption and potential state-level carve-outs could shape the reach and effectiveness of enforcement across jurisdictions.
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