By the time 2026 rolls around, conversion‑therapy bans in New Hampshire will be enforced statewide for anyone under 19, and the loophole that once allowed private “counselors” to sidestep the law will be closed. The 2024 legislation (RSA 275‑9) already bars licensed professionals from attempting to change a minor’s sexual orientation or gender identity, but it exempted unlicensed “faith‑based” practitioners. A 2025 amendment—effective January 1, 2026—removes that carve‑out, making all forms of conversion therapy illegal for anyone under 19, regardless of the provider’s credentials.¹
Scope of the 2024 Ban
The original law targeted psychologists, social workers, counselors, and physicians. It prohibited any practice that “re‑orients” a minor’s sexual orientation or gender identity and established a civil penalty of up to $5,000 per violation.² The statute also required the New Hampshire Department of Health and Human Services (DHHS) to create a reporting system for alleged infractions.
2025 Amendment Closing the Loophole
The amendment expands the definition of “provider” to include any individual or organization offering counseling, therapy, or spiritual guidance for a fee. It eliminates the exemption for religious or spiritual leaders, aligning New Hampshire with the 30 states that have comprehensive bans.³ The amendment also empowers DHHS to impose administrative fines up to $10,000 and suspend any unlicensed practice that violates the ban.
Enforcement After 2026
DHHS will receive complaints through an online portal and conduct investigations within 30 days. If a violation is confirmed, the agency can issue a cease‑and‑desist order, levy fines, and refer the case to the Attorney General for possible criminal prosecution under RSA 632:13.4 The law expressly protects whistle‑blowers, allowing clients or former employees to report without retaliation.
Impact on Health‑Care Providers
Licensed clinicians must update consent forms and training materials to reflect the expanded ban. Failure to do so risks disciplinary action by the New Hampshire Board of Psychologist Examiners or the Board of Social Work Examiners. Unlicensed spiritual counselors must cease any practice that claims to “change” orientation or identity, or risk civil penalties and potential loss of tax‑exempt status.
Is conversion therapy still legal for adults in New Hampshire?
No. The ban applies only to minors. Adults may seek any therapy, but providers cannot market it as “conversion” therapy without risking civil liability for false advertising under RSA 275‑9.
What penalties can an unlicensed counselor face after 2026?
The amendment authorizes DHHS to assess administrative fines up to $10,000 per violation and to refer the case for criminal prosecution, which may include imprisonment of up to one year under RSA 632:13.
How does the law define “conversion therapy”?
It is defined as any practice, treatment, or service that attempts to change a person’s sexual orientation or gender identity, or to suppress or discourage same‑sex attraction, regardless of the method used.
Can a parent consent to conversion therapy for their child?
No. The law expressly prohibits parental consent from overriding the ban. Any attempt to obtain such consent is considered a violation subject to the same penalties as a provider.
What resources are available for victims of conversion therapy?
DHHS offers a confidential reporting portal, counseling referrals, and a list of LGBTQ‑affirming mental‑health providers. The New Hampshire Equality Alliance also provides legal assistance and support groups.