S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1046
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, GIANARIS, ADDABBO, BAILEY, BENJAMIN, BIAG-
   GI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GOUNARDES,  HARCKHAM,
   JACKSON,  KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MARTINEZ,
   MAY,  MAYER,  METZGER,  MONTGOMERY,  MYRIE,  PARKER,  PERSAUD,  RAMOS,
   RIVERA,  SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVI-
   SKY, STEWART-COUSINS, THOMAS -- read twice and  ordered  printed,  and
   when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05039-01-9

 S. 1046                             2
 
 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.
   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-

 S. 1046                             3
 
 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
 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

 S. 1046                             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.
 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.

 S. 1046                             5
 
   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 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.