Colorado § 13-20-1302 - Actions based on sexual orientation or gender identity change efforts - limitation - damages - legislative intent - definitions.

§ 13-20-1302. Actions based on sexual orientation or gender identity change efforts - limitation - damages - legislative intent - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Licensed mental health professional" means a mental health provider who holds or held a valid license, certification, or registration issued pursuant to article 245 of title 12 at the time the sexual orientation or gender identity change efforts occurred.

(b) (I) "Sexual orientation or gender identity change efforts" means any practice by a licensed mental health professional that seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of a particular sex or gender, regardless of the sexual orientation or gender identity the patient is directed toward.

(II) "Sexual orientation or gender identity change efforts" does not include:

(A) Counseling or therapy that provides acceptance, support, and understanding of a patient or facilitates a patient's coping, social support, and identity exploration and development, without seeking to direct the patient toward a predetermined sexual orientation or gender identity outcome;

(B) Counseling or therapy that is neutral with respect to sexual orientation and gender identity and that does not seek to direct the patient toward a predetermined sexual orientation or gender identity outcome; or

(C) Counseling or therapy related to a patient's sexual behaviors, practices, or relationships, provided that the counseling or therapy does not seek to direct the patient toward a predetermined sexual orientation or gender identity.

(2) (a) A person who suffered an injury as a result of sexual orientation or gender identity change efforts may bring a civil action for damages.

(b) Notwithstanding any other statute of limitations specified in article 80 of this title 13 or any other provision of law that can be construed to limit the time period to commence an action described in this section, a civil action to recover damages for the provision of sexual orientation or gender identity change efforts may be commenced at any time without limitation.

(3) In an action brought pursuant to this section, the plaintiff may recover damages that include:

(a) Economic damages;

(b) Noneconomic damages;

(c) Exemplary damages if the conduct of the defendant was willful or wanton, as provided in section 13-21-102; and

(d) Any other damages deemed appropriate by the court.

(4) In an action brought pursuant to this section, the trier of fact may consider the nature, duration, and intensity of the sexual orientation or gender identity change efforts, the age and vulnerability of the plaintiff at the time the sexual orientation or gender identity change efforts took place, the relationship between the plaintiff and the mental health professional, the temporal relationship between the sexual orientation or gender identity change efforts and the onset or exacerbation of symptoms, and any other relevant factors.

(5) (a) The cause of action described in this section survives the death of the person who underwent sexual orientation or gender identity change efforts and may be brought or maintained by the person's personal representative or estate.

(b) Notwithstanding the statute of limitations described in section 13-80-112, an action brought as a survival action pursuant to subsection (5)(a) of this section must be brought within five years after the person's death.

(c) Notwithstanding the limitation on damages in section 13-20-101 (1), the person's personal representative or estate may recover all damages available pursuant to subsection (3) of this section in an action brought or maintained pursuant to this subsection (5).

(6) This section does not create a new cause of action.

(7) It is the intent of the general assembly that this section be interpreted broadly to effectuate its remedial purpose of providing civil remedies to persons harmed by sexual orientation or gender identity change efforts.

(8) This section applies to causes of action accruing on or after July 1, 2026, and to causes of action accruing before July 1, 2026, if the applicable statute of limitations, as it existed prior to July 1, 2026, has not yet run on July 1, 2026.

Source: L. 2026: Entire section added, (HB 26-1322), ch. 260, p. 1437, § 2, effective July 1.

Editor's note: Section 4 of chapter 260 (HB 26-1322), Session Laws of Colorado 2026, provides that the act adding this section applies to a cause of action filed on or after July 1, 2026.

Cross references: For the legislative declaration in HB 26-1322, see section 1 of chapter 260, Session Laws of Colorado 2026.