Therapeutic Fraud Prevention Act of 2025
The Therapeutic Fraud Prevention Act of 2025 would ban commercial “conversion therapy” that seeks to change a person’s sexual orientation or gender identity. It makes it unlawful to provide such therapy, to advertise it with claims that it can change someone’s orientation or gender identity, or to knowingly assist in offering it for compensation. The bill places enforcement largely with the Federal Trade Commission (FTC), while also allowing the Attorney General (federal and state) to pursue civil actions. It defines conversion therapy narrowly (to include only practices intended to change orientation or gender identity for payment) and includes safeguards for non-coercive, supportive care that does not aim to change a person’s identity. The act emphasizes consumer protection and fraud prevention, rather than medical treatment, and provides a framework for federal and state enforcement and severability if parts of the law are struck down.
Key Points
- 1Unlawful conduct: It is illegal to provide conversion therapy for compensation, to advertise it with claims that it can change someone’s sexual orientation or gender identity, or to knowingly assist or facilitate such therapy when payment is involved.
- 2Enforcement mechanisms: The FTC would enforce the prohibition as an unfair or deceptive practice; the Attorney General may sue in federal court; states can bring parens patrie civil actions on behalf of their residents, with certain conditions and coordination with the FTC.
- 3Definitions and scope: Conversion therapy is defined as any practice attempting to change a person’s sexual orientation or gender identity for payment, including related products or services integral to the therapy (unless those products/services are protected by the First Amendment). The bill also defines gender identity and sexual orientation, and distinguishes harmful conversion therapy from supportive, orientation-neutral care.
- 4Carve-outs and protections: The act excludes non-coercive, supportive care that helps with coping, social support, or identity exploration, and allows acceptance and understanding interventions, as well as orientation-neutral interventions to prevent unsafe practices.
- 5Defenses, venue, and severability: The bill provides for regulatory rulemaking by the FTC, outlines enforcement venues (federal courts or other competent courts), and includes a severability clause so the rest of the law remains in effect if any part is found unconstitutional.