Therapeutic Fraud Prevention Act of 2025
The Therapeutic Fraud Prevention Act of 2025 would make commercial sexual orientation and gender identity “conversion therapy” illegal in the United States. The bill prohibits providing conversion therapy, advertising it with claims that it can change a person’s sexual orientation or gender identity, or knowingly assisting in its provision when compensation is involved. It authorizes enforcement by the Federal Trade Commission (FTC), the Department of Justice (as a civil action), and state attorneys general, and it allows state-level action (parens patriae) with coordination with the FTC. The bill defines conversion therapy narrowly to exclude non-coercive, supportive counseling and other practices that do not seek to change a person’s orientation or gender identity. Overall, the measure aims to prevent fraud and protect LGBTQ+ individuals from exploitative and harmful practices marketed as “therapy.” Key details include that advertising or offering to change someone’s orientation or identity, or implying such changes are safe or likely, would be unlawful; enforcement would treat violations as unfair or deceptive trade practices under the FTC Act, with broad regulatory and enforcement tools available. State actions are allowed but may be coordinated with the FTC, and there is a severability clause to maintain enforceability of the rest of the bill if any part is struck down.
Key Points
- 1Prohibition of conversion therapy for compensation: It is unlawful to provide conversion therapy, advertise such services with claims of changing orientation/identity, or knowingly assist in its provision when compensation is involved.
- 2Strong enforcement framework: The FTC would enforce the rule as unfair or deceptive trade practice; the Attorney General can bring civil actions; states can sue under parens patriae, with FTC oversight and potential intervention by the FTC.
- 3Clear definition with a carve-out for supportive care: Conversion therapy is defined as efforts to change sexual orientation or gender identity for compensation or related payments, but the bill excludes non-coercive, supportive counseling and interventions that help with coping, identity exploration, or acceptance (as long as they do not seek to change orientation/identity).
- 4Advertising and claims restrictions: The bill prohibits advertising that promises or implies a guaranteed or safe change in orientation/identity, or that such therapies are harmless or risk-free.
- 5Preemption and cooperation between federal and state authorities: When the FTC acts in a case, state lawsuits against the same defendants may be limited; the bill sets out procedures for notice, intervention, and venue, and preserves state authority to pursue investigations and actions under state law.