S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3977
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. GLICK, TITONE, JAFFEE, O'DONNELL, BARRETT, SKOUF-
   IS,  ZEBROWSKI,  ROSENTHAL, BUCHWALD, MAGNARELLI -- Multi-Sponsored by
   -- M. of A. COOK, ENGLEBRIGHT, GALEF, STIRPE, THIELE -- read once  and
   referred to the Committee on Higher Education
 
 AN  ACT  to  amend  the education law, in relation to prohibiting mental
   health  professionals  from  engaging  in  sexual  orientation  change
   efforts  with  a patient under the age of eighteen years and expanding
   the definition of  professional  misconduct  with  respect  to  mental
   health professionals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative findings and intent.  The  Legislature  hereby
 finds and declares all of the following:
   a.  Being  lesbian,  gay,  bisexual  or  transgender is not a disease,
 disorder, illness, deficiency, or shortcoming.  The  major  professional
 associations  of  mental  health  practitioners  and  researchers in the
 United States have recognized this fact for nearly 40 years.
   b. The American Psychological Association convened  a  Task  Force  on
 Appropriate  Therapeutic Responses to Sexual Orientation. The task force
 conducted a systematic review of  peer-reviewed  journal  literature  on
 sexual orientation change efforts, and issued a report in 2009. The task
 force concluded that sexual orientation change efforts can pose critical
 health  risks to lesbian, gay, bisexual or transgender people, including
 confusion, depression, guilt, helplessness, hopelessness, shame,  social
 withdrawal,  suicidality, substance abuse, stress, disappointment, self-
 blame, decreased self-esteem and authenticity to others, increased self-
 hatred, hostility and  blame  toward  parents,  feelings  of  anger  and
 betrayal,  loss  of friends and potential romantic partners, problems in
 sexual and emotional  intimacy,  sexual  dysfunction,  high-risk  sexual
 behaviors,  a feeling of being dehumanized and untrue to self, a loss of
 faith, and a sense of having wasted time and resources.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03143-01-7

 A. 3977                             2
 
   c. The American  Psychological  Association  issued  a  resolution  on
 Appropriate  Affirmative  Responses  to  Sexual Orientation Distress and
 Change Efforts in 2009, which states: The American Psychological Associ-
 ation advises parents, guardians, young people, and  their  families  to
 avoid  sexual orientation change efforts that portray homosexuality as a
 mental illness or developmental  disorder  and  to  seek  psychotherapy,
 social supports, and educational services that provide accurate informa-
 tion  on  sexual  orientation  and sexuality, increase family and school
 support, and reduce rejection of sexual minority youth.
   d. The American Psychiatric Association published a position statement
 in March of 2000 in which it stated:  "Psychotherapeutic  modalities  to
 convert  or  'repair'  homosexuality are based on developmental theories
 whose  scientific  validity  is  questionable.  Furthermore,   anecdotal
 reports of 'cures' are counterbalanced by anecdotal claims of psycholog-
 ical  harm.  In  the last four decades, 'reparative' therapists have not
 produced any rigorous scientific research to substantiate  their  claims
 of  cure. Until there is such research available, the American Psychiat-
 ric Association  recommends  that  ethical  practitioners  refrain  from
 attempts  to change individuals' sexual orientation, keeping in mind the
 medical dictum to first, do no harm.  The potential risks of  reparative
 therapy  are  great,  including depression, anxiety and self-destructive
 behavior, since therapist alignment  with  societal  prejudices  against
 homosexuality  may  reinforce  self-hatred  already  experienced  by the
 patient. Many patients who have undergone reparative therapy relate that
 they were inaccurately told that homosexuals are lonely,  unhappy  indi-
 viduals  who  never  achieve acceptance or satisfaction. The possibility
 that the person might achieve  happiness  and  satisfying  interpersonal
 relationships as a gay man or lesbian is not presented, nor are alterna-
 tive  approaches  to dealing with the effects of societal stigmatization
 discussed.  Therefore, the American Psychiatric Association opposes  any
 psychiatric  treatment such as reparative or conversion therapy which is
 based upon the assumption that homosexuality per se is a mental disorder
 or based upon the a priori  assumption  that  a  patient  should  change
 his/her sexual orientation."
   e.  The  American School Counselor Association's position statement on
 professional school counselors and  lesbian,  gay,  bisexual,  transgen-
 dered,  and  questioning (LGBTQ) youth states: It is not the role of the
 professional school counselor to attempt to change  a  student's  sexual
 orientation/gender  identity  but  instead  to  provide support to LGBTQ
 students to promote student achievement and personal well-being.  Recog-
 nizing  that  sexual  orientation is not an illness and does not require
 treatment, professional school counselors may provide individual student
 planning or responsive services to LGBTQ students to promote self-accep-
 tance, deal with social acceptance, understand issues related to  coming
 out, including issues that families may face when a student goes through
 this process and identify appropriate community resources.
   f.  The American Academy of Pediatrics in 1993 published an article in
 its journal,  Pediatrics,  stating:  Therapy  directed  at  specifically
 changing  sexual  orientation  is  contraindicated, since it can provoke
 guilt and anxiety while having little  or  no  potential  for  achieving
 changes in orientation.
   g.  The  American  Medical  Association  Council on Scientific Affairs
 prepared a report in 1994 in which it stated: Aversion therapy (a behav-
 ioral or medical intervention which pairs unwanted behavior  ,  in  this
 case, homosexual behavior, with unpleasant sensations or aversive conse-
 quences)  is  no  longer  recommended  for gay men and lesbians. Through

 A. 3977                             3
 
 psychotherapy, gay men and lesbians can become  comfortable  with  their
 sexual orientation and understand the societal response to it.
   h.  The  National Association of Social Workers prepared a 1997 policy
 statement in which it stated: Social stigmatization of lesbian, gay  and
 bisexual  people  is  widespread  and  is a primary motivating factor in
 leading some people to seek sexual orientation  changes.  Sexual  orien-
 tation  conversion  therapies assume that homosexual orientation is both
 pathological and freely chosen. No data demonstrates that reparative  or
 conversion therapies are effective, and, in fact, they may be harmful.
   i.  The  American  Counseling  Association  Governing Council issued a
 position statement in April of 1999, and in it the  council  states:  We
 oppose  'the  promotion of 'reparative therapy' as a 'cure' for individ-
 uals who are homosexual.
   j. The American Psychoanalytic Association issued a position statement
 in June 2012 on attempts to change sexual orientation, gender, identity,
 or gender expression, and in it the  association  states:  As  with  any
 societal   prejudice,  bias  against  individuals  based  on  actual  or
 perceived sexual orientation, gender identity or gender expression nega-
 tively affects mental health, contributing to an enduring sense of stig-
 ma and pervasive self-criticism  through  the  internalization  of  such
 prejudice.    Psychoanalytic  technique  does  not  encompass purposeful
 attempts to 'convert,' 'repair,' change or shift an individual's  sexual
 orientation,  gender  identity  or  gender  expression.    Such directed
 efforts are against fundamental principles of  psychoanalytic  treatment
 and often result in substantial psychological pain by reinforcing damag-
 ing internalized attitudes.
   k.  The  American  Academy  of Child and Adolescent Psychiatry in 2012
 published an article in its journal, Journal of the American Academy  of
 Child  and  Adolescent  Psychiatry,  stating: Clinicians should be aware
 that there is no evidence that sexual orientation can be altered through
 therapy, and that attempts to do so may be harmful. There is  no  empir-
 ical evidence adult homosexuality can be prevented if gender nonconform-
 ing  children are influenced to be more gender conforming. Indeed, there
 is not medically valid basis for attempting  to  prevent  homosexuality,
 which  is  not  an  illness. On the contrary, such efforts may encourage
 family rejection and undermine self-esteem,  connectedness  and  caring,
 important  protective  factors  against  suicidal ideation and attempts.
 Given that there is no evidence that efforts to alter sexual orientation
 are effect, beneficial or necessary, and the possibility that they carry
 the risk of significant harm, such interventions are contraindicated.
   l. The Pan American Health Organization,  a  regional  office  of  the
 World  Health  Organization, issued a statement in May of 2012 and in it
 the organization states: These supposed conversion therapies  constitute
 a  violation  of the ethical principles of health care and violate human
 rights that are protected  by  international  regional  agreements.  The
 organization  also  noted  that reparative therapies lack medical justi-
 fication and represent a serious threat to the health and well-being  of
 affected people.
   m. Minors who experience family rejection based on their sexual orien-
 tation face especially serious health risks. In one study, lesbian, gay,
 and bisexual young adults who reported higher levels of family rejection
 during adolescence were 8.4 times more likely to report having attempted
 suicide,  5.9 times more likely to report high levels of depression, 3.4
 times more likely to use illegal drugs, and 3.4  times  more  likely  to
 report  having  engaged  in unprotected sexual intercourse compared with
 peers from families that reported no or low levels of family  rejection.

 A. 3977                             4
 
 This  is  documented  by  Caitlin  Ryan et al. in their article entitled
 Family Rejection as a Predictor of Negative Health Outcomes in White and
 Latino Lesbian, Gay, and Bisexual Young  Adults  (2009)  123  Pediatrics
 346.
   n.  New  York has a compelling interest in protecting the physical and
 psychological well-being of minors, including  lesbian,  gay,  bisexual,
 and  transgender youth, and in protecting its minors against exposure to
 serious harms caused by sexual orientation change efforts.
   § 2. The education law is amended by adding a new  section  6509-e  to
 read as follows:
   §  6509-E.  ADDITIONAL  DEFINITION  OF PROFESSIONAL MISCONDUCT; MENTAL
 HEALTH PROFESSIONALS. 1. FOR THE PURPOSES OF THIS SECTION:
   A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
 PROVISIONS OF ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR
 ONE HUNDRED SIXTY-THREE OF THIS TITLE; OR ANY OTHER PERSON DESIGNATED AS
 A MENTAL HEALTH PROFESSIONAL PURSUANT TO LAW, RULE OR REGULATION.
   B.  "SEXUAL  ORIENTATION  CHANGE  EFFORTS" (I) MEANS ANY PRACTICE BY A
 MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN  INDIVIDUAL'S  SEXUAL
 ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
 GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
 OR  ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX
 AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
 FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
 ANCE, SUPPORT AND UNDERSTANDING  OF  PATIENTS  OR  THE  FACILITATION  OF
 PATIENTS'  COPING,  SOCIAL SUPPORT AND IDENTITY EXPLORATION AND DEVELOP-
 MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO  PREVENT  OR
 ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
 TO CHANGE SEXUAL ORIENTATION.
   2.  IT  SHALL  BE  PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
 SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON  ANY  PATIENT
 UNDER  THE  AGE  OF  EIGHTEEN  YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
 FOUND GUILTY OF SUCH  MISCONDUCT  UNDER  THE  PROCEDURES  PRESCRIBED  IN
 SECTION  SIXTY-FIVE  HUNDRED  TEN OF THIS SUBARTICLE SHALL BE SUBJECT TO
 THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED  ELEVEN  OF  THIS
 SUBARTICLE.
   §  3.  The  education law is amended by adding a new section 6531-a to
 read as follows:
   § 6531-A. ADDITIONAL DEFINITION  OF  PROFESSIONAL  MISCONDUCT;  MENTAL
 HEALTH PROFESSIONALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
 PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE.
   B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS  ANY  PRACTICE  BY  A
 MENTAL  HEALTH  PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL
 ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
 GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
 OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX;
 AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
 FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
 ANCE, SUPPORT AND UNDERSTANDING  OF  PATIENTS  OR  THE  FACILITATION  OF
 PATIENTS'  COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOP-
 MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO  PREVENT  OR
 ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
 TO CHANGE SEXUAL ORIENTATION.
   2.  IT  SHALL  BE  PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
 SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON  ANY  PATIENT
 UNDER  THE  AGE  OF  EIGHTEEN  YEARS, AND ANY MENTAL HEALTH PROFESSIONAL

 A. 3977                             5
 
 FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE
 TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW SHALL BE  SUBJECT  TO  THE
 PENALTIES  PRESCRIBED  IN  SECTION  TWO  HUNDRED  THIRTY-A OF THE PUBLIC
 HEALTH  LAW, AS ADDED BY CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN
 HUNDRED NINETY-ONE.
   § 4. This act shall take effect immediately.