WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5623

By Delegates Pritt, Flanigan, Hornbuckle, and Young

[Introduced February 16, 2026; referred to the Committee on Health and Human Resources then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-67-1, §16-67-2, §16-67-3, §16-67-4, and §16-67-5, relating to creating the Youth Mental Health Protection Act; stating a purpose; defining terms; prohibiting conversion therapy and referral services for conversion therapy; and providing for disciplinary actions against providers who violate the article.

Be it enacted by the Legislature of West Virginia:

ARTICLE 67.  YOUTH MENTAL HEALTH PROTECTION ACT.

§16-67-1. Purpose.

The purpose of this article is to protect children from conversion therapy, also known as sexual orientation change efforts or reparative therapy.

§16-67-2. Definitions.

For the purposes of this article:

"Conversion therapy" means any practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals.

"Mental health provider" means a clinical psychologist licensed under §30-21-1 et seq. of this code; a school psychologist licensed under §30-21-1 et seq. of this code; a psychiatrist licensed under §30-3-1 et seq. of this code; a clinical social worker or social worker licensed under §30-30-1 et seq. of this code; a marriage and family therapist or associate marriage and family therapist licensed under §30-31-1 et seq. of this code; a professional counselor or clinical professional counselor licensed under §30-31-1 et seq. of this code; or any students, interns, volunteers, or other persons assisting or acting under the direction or supervision of any of these licensed professionals.

§16-67-3. Prohibition on conversion therapy.

A mental health provider may not engage in conversion therapy with a person under the age of 18.

§16-67-4. Referral services related to conversion therapy.

A mental health provider may not refer any current or former client or patient to any individual, within this state or within any other state, for the purpose of engaging in conversion therapy. This prohibition includes referrals to any individual practicing or engaging in conversion therapy in person or by telephone, electronic communication, or any other form of direct or indirect communication with a client or patient.

§16-67-5. Discipline.

Conversion therapy on a person under the age of 18 by a mental health provider or any referral made by a mental health provider to a third party practicing conversion therapy constitutes unprofessional conduct and a first offense. Mental health providers found to have engaged in conversion therapy or found to have referred a current or former client or patient under the age of 18 to an individual for the purpose of engaging in conversion therapy for a second time shall be subject to discipline by the licensing entity or disciplinary review board with competent jurisdiction and shall be given a written warning from he appropriate licensing entity and referred to a training  or education program.

NOTE: The purpose of this bill is to protect children from conversion therapy, also known as sexual orientation change efforts or reparative therapy.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.