S. 1663 — Therapeutic Fraud Prevention Act of 2025

This section states congressional findings that (1) being lesbian, gay, bisexual, transgender, or gender nonconforming is not a disorder, disease, illness, deficiency, or shortcoming; (2) no scientifically valid evidence supports attempts to prevent a person from being so; (3) conversion therapy is ineffective and cannot change sexual orientation or gender identity; (4) it poses substantial risks to mental and physical health, including depression, self-harm, low self-esteem, family rejection, and suicide; and (5) preventing such individuals and families from being defrauded by this ineffective therapy serves the national interest.

This section provides definitions for terms used in the Act, including (1) conversion therapy (i.e., any compensated practice or treatment seeking to change an individual's sexual orientation or gender identity, including behaviors, expressions, or same-gender attractions, unless the product or service is protected by the First Amendment; excludes assistance for gender transition or supportive counseling not seeking to change sexual orientation or gender identity); (2) gender identity (i.e., an individual's gender-related identity, appearance, mannerisms, or other characteristics, regardless of designated sex at birth); (3) person (i.e., any individual, partnership, corporation, cooperative, association, or other entity); and (4) sexual orientation (i.e., homosexuality, heterosexuality, or bisexuality).

This section prohibits any person from (1) providing conversion therapy to an individual; (2) advertising conversion therapy while claiming it changes sexual orientation or gender identity, eliminates or reduces same-sex attractions or feelings, or is harmless or risk-free; or (3) knowingly assisting or facilitating conversion therapy for compensation. It treats violations as a violation of a rule under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)), authorizes the Federal Trade Commission to enforce using all authorities, jurisdiction, penalties, privileges, and immunities of the FTC Act (15 U.S.C. 41 et seq.) and to promulgate implementing regulations under APA procedures (5 U.S.C. §553); and permits the Attorney General and state attorneys general (or other authorized state officials) to bring civil actions for relief, with state actions subject to prior notice to the FTC (or immediate notice if infeasible), FTC intervention rights, and preemption if the FTC has instituted an action against the same defendant for the same violation.

This section establishes a severability clause, providing that if any provision of the Act, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its application to other persons or circumstances remains unaffected.