Counsellors and Psychotherapists (Regulation) Bill (HC Bill 78)
A
BILL
TO
Provide that the Health and Care Professions Council be the regulatory body
for counsellors and psychotherapists; to prohibit gay to straight conversion
therapy; to make consequential provision for the protection of children and
adults; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Regulation of mental health practitioners
(1)
Section 60 of the Health Act 1999 (Regulation of health professions, social
workers, other care workers etc) is amended as follows.
(2) After section 60(2)(ca) the following paragraph is inserted—
“(cb)
5the professions regulated by the Counsellors and
Psychotherapists (Regulation) Act 2014,”.
2 Gay to straight conversion therapy: prohibition
(1)
It shall be an offence for any person to practise, or to offer to practise, gay to
straight conversion therapy.
(2)
10For the purposes of this Act, “gay to straight conversion therapy” is any form
of therapy the object of which is to change a person‘s sexual orientation from
homosexual to heterosexual.
(3)
A person found guilty of an offence under this section shall be liable to a fine
not exceeding level 5 on the standard scale.
3 15Code of conduct for registered counsellors and psychotherapists
(1)
Counsellors and psychotherapists (“registered persons“) shall be registered by
the Health and Care Professions Council (“the Council“).
(2)
Accordingly, Schedule 3 of the Health and Social Work Professions Order 2001
shall be amended as follows—
Counsellors and Psychotherapists (Regulation) BillPage 2
(a)
In paragraph 1 at the end of the definition of “relevant professions” is
inserted, ”, counsellors and psychotherapists”.
(3)
The Council shall prepare and publish a code of conduct (“the code“) for
registered persons.
(4) 5The code must include—
(a)
a prohibition on registered persons offering to practice, or practising,
gay to straight conversion therapy;
(b)
a prohibition on registered persons grooming any person for unlawful
or inappropriate sexual activity, including where such activity
10amounts to an abuse of a position of trust on the part of the registered
person;
(c)
a prohibition on a registered person engaging in sexual activity with a
patient or client.
(5)
Agreement to abide by the code shall be a condition of admission to the register
15maintained by the Council under the Health and Social Work Professions
Order 2001 (“the register“).
4 Complaints and disciplinary procedures
(1)
Where a patient or client complains to the Council that a registered person has
breached the code, the Council must investigate that complaint.
(2)
20A registered person found by the Council to have breached the code shall be
subject to disciplinary action by the Council, including temporary or
permanent removal from the register. A breach of those provisions of the code
relating to activities set out in section 3(3) of this Act shall result in permanent
removal from the register.
5 25Short title and commencement
(1)
This Act may be cited as the Counsellors and Psychotherapists (Regulation)
Act 2015.
(2)
This Act comes into force at the end of the period of 6 months beginning with
the day on which it is passed.