10-11-2022 Bill No. 2022-15Bill No. 2022-15 1
BILL NO. 2022-15
AN ORDINANCE ADOPTING SECTION 635
IN RICHFIELD CITY CODE PERTAINING
TO THE PROHIBITION OF CONVERSION
THERAPY FOR MINORS AND
VULNERABLE ADULTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter VI, of the Richfield Code of Ordinances is amended to add the
following new Section 635 as follows:
SECTION 635. – PROHIBITION OF CONVERSION THERAPY FOR MINORS AND
VULNERABLE ADULTS
635.01. - Findings and Purpose.
Subdivision 1. The practice of conversion therapy has been found to lead to
critical health risks and inequities including anxiety, depression, decreased
self-esteem, substance abuse, homelessness, self-harm, and suicide.
Subd. 2. Major medical, mental health, and child welfare professional
associations, including the American Psychological Association, American
Psychiatric Association, American Medical Association, and American Academy of
Pediatrics, have found conversion therapy ineffective, unreliable, and unsafe.
Subd. 3. Minors and vulnerable adults are especially vulnerable to the harms
associated with conversion therapy and may lack the ability to make decisions
about their own medical and mental health.
Subd. 4. The city has a compelling interest in protecting the physical and
psychological health of minors and vulnerable adults and in protecting them
against exposure to the serious harms caused by the practice of conversion
therapy.
Subd. 5. It is necessary for the City Council to exercise its legislative power
to protect and promote the health, safety, and welfare of the city’s minors
and vulnerable adults.
Subd. 6. This section is an exercise of the city’s commitment to achieving a high
quality of life relating to the protection of public health, safety, and welfare. Its
provisions shall be liberally construed to accomplish that purpose. The purpose of
this section is to protect the physical and psychological health of minors and
vulnerable adults from exposure to the serious harms caused by conversion
therapy.
Subd.7. The city recognizes the practice of conversion therapy for minors and
vulnerable adults is currently restricted in Minnesota by Executive Order 21-25,
but the city wishes to enact this section to ensure the protections of minors and
vulnerable adults regardless of the political climate.
635.02.- Definitions.
Subdivision 1. General Rule. The following words, terms, and phrases, when
used in this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning.
Subd. 2. “Conversion therapy” or “reparative therapy” means any practice or
treatment by a provider that seeks to change an individual’s sexual orientation,
gender identity, or gender expression. Conversion therapy does not include
mental health services that (1) provide assistance to an individual undergoing
gender transition or confirmation (2) facilitate an individual’s acceptance,
support, understanding, exploration, and development of gender identity or
sexual orientation; or (3) prevent or address unlawful conduct or unsafe sexual
practices if such mental health services do not seek to change or are not
conducted with the goal of changing the person’s sexual orientation or gender
identity; or (4) are required by a court order, decision, or judgment of a judicial
officer.
Subd. 3. “Gender expression” means the presentation and behaviors of an
individual that express aspects of gender identity or role. Gender expression may
or may not conform to a person’s gender identity.
Subd. 4. “Gender identity” means a person’s deeply‐felt, inherent sense of being
a boy, a man, or male; a girl, a woman, or female; or an alternative gender (e.g.,
genderqueer, gender nonconforming, gender neutral) that may or may not
correspond to a person’s sex assigned at birth or to a person’s primary or
secondary sex characteristics. Since gender identity is internal, a person’s
gender identity is not necessarily visible to others.
Subd. 5. “Minor” includes any person less than eighteen (18) years of age,
except those persons who are able to give effective consent to medical and
mental health services pursuant to Minnesota Statutes, Chapter 144.
Subd. 6. “Provider” means any licensed medical or mental health professional
including, but not limited to, licensed mental health counselors, mental health
counselor associates, marriage and family therapists, marriage and family
therapist associates, social workers, and social worker associates, and any
physicians, psychologists, psychotherapist, certified chemical dependency
professionals, certified chemical dependency professional trainees, counselors,
certified counselors, and certified advisers. A provider does not include members
of the clergy or religious officials who are (1) acting in their roles as clergy,
religious officials, or pastoral counselors and (2) providing religious counseling.
Subd. 7. “Sexual Orientation” means a component of identity that includes a
person’s sexual and emotional attraction to another person and the behavior
and/or social affiliation that may result from this attraction. This definition does
Bill No. 2022-15 2
not include any criminal conduct as defined in Minnesota Statutes, Chapter 609.
Subd. 8. “Vulnerable adult” includes any person 18 years of age or older and
who meets the definition of a vulnerable adult in Minnesota Statutes, Section
626.5572.
Subd. 9. “Clergy” or “Religious Official” has the meaning given by Minnesota
Statutes, Section 148.9075, and includes recognized religious officials, including
ministers, priests, rabbis, imams, Christian Science practitioners, and other
persons recognized by the Minnesota Board of Psychology, conducting counseling
activities that are within the scope of the performance of their regular recognizable
religious denomination or sect, as defined in current federal tax regulations, if the
religious official does not hold them self out as a provider, as defined in this article,
and the official remains accountable to the established authority of the religious
denomination or sect.
Subd. 10. “Teleconferencing” or “Telemedicine” means the distribution of health-
related services and information via electronic information and
telecommunication technologies (e.g., video conferencing or web-based
communication tools that enable a provider in one location to consult with an
individual in a second location).
635.03. - Prohibition on conversion therapy for minors or vulnerable adults.
Subdivision 1. It shall be unlawful for a provider to conduct or practice
conversion therapy on a minor or a vulnerable adult within the city limits ,
including conversion therapy via teleconferencing or telemedicine in which the
minor, vulnerable adult, and/or provider is located within the city limits.
Subd. 2. Nothing in this section shall be construed to prevent a person employed
by a post- secondary or graduate institution from teaching and conducting
research on conversion therapy within an educational institution that is
recognized by a regional accrediting organization or by a federal, state, county,
or local government institution, agency, or research facility, so long as the
institution provides appropriate research oversight mechanisms to ensure public
protection and the person is not providing direct clinical services of conversion
therapy to minors.
Subd. 3. This section does not prohibit the practice of conversion therapy on
individuals over the age of 18, who are not considered vulnerable adults under
Minnesota Statutes, Section 626.5572.
635.04. - Enforcement.
Subdivision 1. Upon receipt of a report of an alleged violation of this section, the
City Manager or their designee, in coordination with the Director of Public Safety
and City Attorney, may, as deemed appropriate, investigate the allegation.
Subd. 2. Upon discovery of a violation of this Section, the city may implement
Bill No. 2022-15 3
the administrative citations and civil pe nalty procedure detailed in Section 325 of
this Code.
Subd. 3. Each subsequent instance or session of conducting or practicing
conversion therapy or reparative therapy on a minor or a vulnerable adult is a
distinct offense, for which a separate administrative citation and fine may be
issued.
Subd. 4. Violations of this Section are punishable by civil fines set annually by
Appendix D of the City Code, including separate civil fine amounts for a first,
second, and any subsequent violation.
Subd. 5. The City Manager or their designee, in coordination with the Director of
Public Safety and City Attorney, will report the violation and details surrounding
the violation to each appropriate licensing board or authority or state agency.
Subd. 6. Notwithstanding any law or ordinance to the contrary, this Section does
not prohibit or preclude any other available legal remedies for any violation of the
law, including without limitation, criminal or civil actions. This includes remedies at
the state or federal level.
635.05. - Severability.
If any part, term, or provision of this Section or the application thereof to any person or
circumstances is held by a court of competent jurisdiction to be invalid or
unconstitutional by a decision of a court of competent jurisdiction, such portion shall be
deemed severable and such unconstitutionality or invalidity shall not affect the validity of
the remaining portions of this section, which remaining portions shall continue in full
force and effect. The invalid provision will be modified to the extent necessary so the
section continues to be enforceable.
635.06. - Effective date for enforcement
The city recognizes the practice of conversion therapy for minors and vulnerable adults is
currently restricted in Minnesota by Executive Order 21-25. The city wishes to enact this
section to ensure, regardless of the political climate, the protections of minors and
vulnerable adults remain in place.
Notwithstanding any other provision of law, this section shall become enforceable
effective thirty (30) days following the occurrence of any of the following
circumstances:
(a)Action from the Minnesota Governor’s office which rescinds or blocks Executive
Order 21-25; or
(b) Adoption of an amendment to the Constitution of the State of Minnesota which
provides cities the authority to allow conversion therapy or reparative therapy; or
(c) The City Council moves, by resolution, to begin immediate enforcement of this
ordinance.
Bill No. 2022-15 4
Section 2. Appendix D of the Richfield Municipal Code is amended as follows:
Appendix D – License, Permit and Miscellaneous Fees
Section 11. Miscellaneous Fees.
Type of Permit or
License
Section Description Fee
Requiring
Violation of Conversion
Therapy Ban
635 Providing Conversion
therapy to a minor or
vulnerable adult
$1,000
per
instance
Section 3. Effective Date. This ordinance becomes effective on January 1, 2023.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
October, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
Bill No. 2022-15 5
AFFIDAVIT OF PUBTICATION
STATE OF MINNESOTA )
COUNTY OF HENNEPIN
Debbie Schwalba being duly sworn on an
oath, states or aflirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
SC Bloomington Richheld
with the known office of issue being located
in the county ot
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualihed newspaper as provided
by Minn. Stat. $331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the hrst
insertion being on 1012712022 and the last
insertion being on 1012712022.
MORTGAGE FORECLOSURE NOIICES
Pursuant to Minnesota Stat. $580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in $580.033,
subd. l, clause (l) or (2). If the newspaper's
known ollice of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By
Desipated Agent
Subscribed and sworn to or aflirmed before
me on 1012712022 by Debbie Schwalba.
Notary Public
Rate Information:
(l) Lowest classified rate paid by commercial users
for comparable space:
$61.35 per column inch
CITY OF RICHFIELD
SUMMARY PUBLICATION
BILL NO.2022.-15
AN ORDINANCEADOPTING
SECTION 635 OF
THE CITY CODE
PERTAINING TO THE
PROHIBITION OF
CONVERSION THERAPY
FOR MINORSAND
VULNERABLE ADULTS
This summary of the ordinance
is published pursuant to Section
3.12 of the Richfield City Charter.
This odinance establishes City
Code Section 635 which protects
the physical and psychological
health of minors and vulnera-
ble adults by safeguarding them
against exposurs to the serious
harms caused by the practice of
conversion therapy. This section
is an exercise of the city's com-
mitrnent to achieving a high quality
of life relating to the protection of
public health, safoty, and wolfare.
Copies of the ordinance are
available for public inspection in
the City Clerk's office during normal
business hours or upon request by
calling the Manag€ment Analyst at
il2-A61-9712.
Adopted by the City Council of
the City of Richfield, Minnesota this
1 1 th day of October, 2022.
Published in the
Sun Cunent
October 27,2022
1267570
OAR LENE IVIARIE MAC,PHTRSO}I
NOTASY PUELIC. MINNESOTA
irly CoflrnlB$on Upiros 1tn31,2V24
AdrD 1267s70