Designates as professional misconduct, engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4958
SPONSOR: Glick (MS)
 
TITLE OF BILL: An act to amend the education law, in relation to
prohibiting mental health professionals from engaging in sexual orien-
tation change efforts with a patient under the age of eighteen years and
expanding the definition of professional misconduct with respect to
mental health professionals
 
PURPOSE: This bill would prohibit a mental health professional, as
defined, from engaging in sexual orientation change efforts, as defined,
with a patient under 18 years of age. The bill would provide that any
sexual orientation change efforts attempted on a patient under 18 years
of age by a licensed mental health professional shall be considered
unprofessional conduct and shall subject the provider to discipline by
the provider's licensing entity.
 
SUMMARY OF SPECIFIC PROVISIONS: This bill adds new Sections 6509-d
and 6531-a to the Education Law regulating professional misconduct.
Section 1 establishes the legislative intent of the bill.
Sections 2 and 3 define certain terms and provide that the license,
registration or certificate of a mental health professional shall be
revoked, suspended or annulled, or such professional shall be subject to
discipline by the provider's licensing entity, if such mental health
professional engages in sexual orientation change efforts upon any
patient under the age of eighteen years old. The bill only applies to
mental health professionals licensed with the State of New York under
Articles 131, 153, 154, or 163 of the Education Law, and does not apply
to counseling services provided by members of the clergy, or advice,
information, or instruction provided by non-licensed individuals,
churches, organizations, or not-for-profit businesses.
Section 4 establishes the effective date of this law as immediately.
 
JUSTIFICATION: 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.
The American Psychological Association convened a Task Force on Appro-
priate Therapeutic Responses to Sexual Orientation in 2009 which
concluded that sexual orientation change efforts can pose critical
health risks to lesbian, gay, bisexual, and transgender people ranging
from confusion and depression, to substance abuse and suicide. In
response to these findings, the Association issued a resolution, which
stated that portraying homosexuality as a mental illness should instead
give way to psychotherapy, social support, and educational services.
The American School Counselor Associations, the American Academy of
Pediatrics, the National Association of Social Workers, the American
Counseling Association Governing Council, the American Psychoanalytic
Association, the American Academy of Child and Adolescent Psychiatry,
and the Pan American Health Organization have all concluded that the
risks of conversion therapy are too great. These dangerous treatments
that attempt to address depression, anxiety and self-destructive behav-
ior may only serve to reinforce self-hatred.
While much has been published on this topic, an article by Caitlin Ryan
et al. entitled "Family Rejection as a Predictor of Negative Health
Outcomes in White and Latino Lesbian, Gay, and Bisexual Young Adults"
states well in its conclusion that minors who experience family
rejection based on their sexual orientation face especially serious
health risks. Lesbian, gay, bisexual, and transgender 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.
In these harmful procedures, the possibility that the person might
achieve happiness and satisfying interpersonal relationships as a gay
man or lesbian is not presented, nor are alternative approaches to deal-
ing with the effects of societal stigmatization discussed. 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.
 
PRIOR LEGISLATIVE HISTORY: S.4917-B of 2013-2014 (Hoylman): Died in
Higher Education A.6983-B of 2013-2014 (Glick): Died in Higher Education
(2013)/Passed Assembly (2014)
 
FISCAL IMPLICATIONS: None.
 
EFFECTIVE DATE: Immediately.