A06983 Summary:

BILL NOA06983B
 
SAME ASSAME AS S04917-B
 
SPONSORGlick (MS)
 
COSPNSRTitone, Jaffee, O'Donnell, Barrett, Roberts, Skoufis, Zebrowski, Schimel, Rosenthal, Kavanagh, Bronson, Mosley, Brindisi, Paulin, Cahill, Lifton, Ortiz, Magnarelli, Davila, Weprin, Dinowitz, Moya, Peoples-Stokes, Titus
 
MLTSPNSRArroyo, Braunstein, Brennan, Buchwald, Cook, Hevesi, Lavine, Millman, Ryan, Sepulveda, Skartados, Stirpe, Thiele
 
Add SS6509-d & 6531-a, Ed L
 
Designates as professional misconduct, engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age.
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A06983 Actions:

BILL NOA06983B
 
04/29/2013referred to higher education
01/08/2014referred to higher education
01/09/2014amend (t) and recommit to higher education
01/09/2014print number 6983a
04/07/2014reported referred to codes
04/25/2014amend and recommit to codes
04/25/2014print number 6983b
06/03/2014reported referred to rules
06/09/2014reported
06/09/2014rules report cal.73
06/09/2014ordered to third reading rules cal.73
06/16/2014passed assembly
06/16/2014delivered to senate
06/16/2014REFERRED TO RULES
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A06983 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6983B
 
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 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 regu- lating 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. 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: None.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A06983 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6983--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 29, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK,  TITONE,  JAFFEE, O'DONNELL, BARRETT,
          ROBERTS, ROSA, SKOUFIS, ZEBROWSKI, SCHIMEL, ROSENTHAL, KAVANAGH, BRON-
          SON, MOSLEY, BRINDISI, PAULIN, CAHILL, LIFTON,  ORTIZ  --  Multi-Spon-
          sored  by  --  M.  of  A. ARROYO, COOK, HEVESI, LAVINE, MILLMAN, RYAN,
          SEPULVEDA, STIRPE, THIELE -- read once and referred to  the  Committee

          on  Higher  Education -- recommitted to the Committee on Higher Educa-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported and referred to the Committee on Codes
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        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:
 

     1    Section 1.  Legislative findings and intent.  The  Legislature  hereby
     2  finds and declares all of the following:
     3    a.  Being  lesbian,  gay,  bisexual  or  transgender is not a disease,
     4  disorder, illness, deficiency, or shortcoming.  The  major  professional
     5  associations  of  mental  health  practitioners  and  researchers in the
     6  United States have recognized this fact for nearly 40 years.
     7    b. The American Psychological Association convened  a  Task  Force  on
     8  Appropriate  Therapeutic Responses to Sexual Orientation. The task force
     9  conducted a systematic review of  peer-reviewed  journal  literature  on
    10  sexual orientation change efforts, and issued a report in 2009. The task
    11  force concluded that sexual orientation change efforts can pose critical
    12  health  risks to lesbian, gay, bisexual or transgender people, including

    13  confusion, depression, guilt, helplessness, hopelessness, shame,  social
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09824-08-4

        A. 6983--B                          2
 
     1  withdrawal,  suicidality, substance abuse, stress, disappointment, self-
     2  blame, decreased self-esteem and authenticity to others, increased self-
     3  hatred, hostility and  blame  toward  parents,  feelings  of  anger  and
     4  betrayal,  loss  of friends and potential romantic partners, problems in
     5  sexual and emotional  intimacy,  sexual  dysfunction,  high-risk  sexual
     6  behaviors,  a feeling of being dehumanized and untrue to self, a loss of
     7  faith, and a sense of having wasted time and resources.

     8    c. The American  Psychological  Association  issued  a  resolution  on
     9  Appropriate  Affirmative  Responses  to  Sexual Orientation Distress and
    10  Change Efforts in 2009, which states: The American Psychological Associ-
    11  ation advises parents, guardians, young people, and  their  families  to
    12  avoid  sexual orientation change efforts that portray homosexuality as a
    13  mental illness or developmental  disorder  and  to  seek  psychotherapy,
    14  social supports, and educational services that provide accurate informa-
    15  tion  on  sexual  orientation  and sexuality, increase family and school
    16  support, and reduce rejection of sexual minority youth.
    17    d. The American Psychiatric Association published a position statement
    18  in March of 2000 in which it stated:  "Psychotherapeutic  modalities  to
    19  convert  or  'repair'  homosexuality are based on developmental theories

    20  whose  scientific  validity  is  questionable.  Furthermore,   anecdotal
    21  reports of 'cures' are counterbalanced by anecdotal claims of psycholog-
    22  ical  harm.  In  the last four decades, 'reparative' therapists have not
    23  produced any rigorous scientific research to substantiate  their  claims
    24  of  cure. Until there is such research available, the American Psychiat-
    25  ric Association  recommends  that  ethical  practitioners  refrain  from
    26  attempts  to change individuals' sexual orientation, keeping in mind the
    27  medical dictum to first, do no harm.  The potential risks of  reparative
    28  therapy  are  great,  including depression, anxiety and self-destructive
    29  behavior, since therapist alignment  with  societal  prejudices  against
    30  homosexuality  may  reinforce  self-hatred  already  experienced  by the
    31  patient. Many patients who have undergone reparative therapy relate that

    32  they were inaccurately told that homosexuals are lonely,  unhappy  indi-
    33  viduals  who  never  achieve acceptance or satisfaction. The possibility
    34  that the person might achieve  happiness  and  satisfying  interpersonal
    35  relationships as a gay man or lesbian is not presented, nor are alterna-
    36  tive  approaches  to dealing with the effects of societal stigmatization
    37  discussed.  Therefore, the American Psychiatric Association opposes  any
    38  psychiatric  treatment such as reparative or conversion therapy which is
    39  based upon the assumption that homosexuality per se is a mental disorder
    40  or based upon the a priori  assumption  that  a  patient  should  change
    41  his/her sexual orientation."
    42    e.  The  American School Counselor Association's position statement on
    43  professional school counselors and  lesbian,  gay,  bisexual,  transgen-

    44  dered,  and  questioning (LGBTQ) youth states: It is not the role of the
    45  professional school counselor to attempt to change  a  student's  sexual
    46  orientation/gender  identity  but  instead  to  provide support to LGBTQ
    47  students to promote student achievement and personal well-being.  Recog-
    48  nizing  that  sexual  orientation is not an illness and does not require
    49  treatment, professional school counselors may provide individual student
    50  planning or responsive services to LGBTQ students to promote self-accep-
    51  tance, deal with social acceptance, understand issues related to  coming
    52  out, including issues that families may face when a student goes through
    53  this process and identify appropriate community resources.
    54    f.  The American Academy of Pediatrics in 1993 published an article in
    55  its journal,  Pediatrics,  stating:  Therapy  directed  at  specifically

    56  changing  sexual  orientation  is  contraindicated, since it can provoke

        A. 6983--B                          3
 
     1  guilt and anxiety while having little  or  no  potential  for  achieving
     2  changes in orientation.
     3    g.  The  American  Medical  Association  Council on Scientific Affairs
     4  prepared a report in 1994 in which it stated: Aversion therapy (a behav-
     5  ioral or medical intervention which pairs unwanted behavior  ,  in  this
     6  case, homosexual behavior, with unpleasant sensations or aversive conse-
     7  quences)  is  no  longer  recommended  for gay men and lesbians. Through
     8  psychotherapy, gay men and lesbians can become  comfortable  with  their
     9  sexual orientation and understand the societal response to it.
    10    h.  The  National Association of Social Workers prepared a 1997 policy
    11  statement in which it stated: Social stigmatization of lesbian, gay  and

    12  bisexual  people  is  widespread  and  is a primary motivating factor in
    13  leading some people to seek sexual orientation  changes.  Sexual  orien-
    14  tation  conversion  therapies assume that homosexual orientation is both
    15  pathological and freely chosen. No data demonstrates that reparative  or
    16  conversion therapies are effective, and, in fact, they may be harmful.
    17    i.  The  American  Counseling  Association  Governing Council issued a
    18  position statement in April of 1999, and in it the  council  states:  We
    19  oppose  'the  promotion of 'reparative therapy' as a 'cure' for individ-
    20  uals who are homosexual.
    21    j. The American Psychoanalytic Association issued a position statement
    22  in June 2012 on attempts to change sexual orientation, gender, identity,
    23  or gender expression, and in it the  association  states:  As  with  any

    24  societal   prejudice,  bias  against  individuals  based  on  actual  or
    25  perceived sexual orientation, gender identity or gender expression nega-
    26  tively affects mental health, contributing to an enduring sense of stig-
    27  ma and pervasive self-criticism  through  the  internalization  of  such
    28  prejudice.    Psychoanalytic  technique  does  not  encompass purposeful
    29  attempts to 'convert,' 'repair,' change or shift an individual's  sexual
    30  orientation,  gender  identity  or  gender  expression.    Such directed
    31  efforts are against fundamental principles of  psychoanalytic  treatment
    32  and often result in substantial psychological pain by reinforcing damag-
    33  ing internalized attitudes.
    34    k.  The  American  Academy  of Child and Adolescent Psychiatry in 2012
    35  published an article in its journal, Journal of the American Academy  of

    36  Child  and  Adolescent  Psychiatry,  stating: Clinicians should be aware
    37  that there is no evidence that sexual orientation can be altered through
    38  therapy, and that attempts to do so may be harmful. There is  no  empir-
    39  ical evidence adult homosexuality can be prevented if gender nonconform-
    40  ing  children are influenced to be more gender conforming. Indeed, there
    41  is not medically valid basis for attempting  to  prevent  homosexuality,
    42  which  is  not  an  illness. On the contrary, such efforts may encourage
    43  family rejection and undermine self-esteem,  connectedness  and  caring,
    44  important  protective  factors  against  suicidal ideation and attempts.
    45  Given that there is no evidence that efforts to alter sexual orientation
    46  are effect, beneficial or necessary, and the possibility that they carry
    47  the risk of significant harm, such interventions are contraindicated.

    48    l. The Pan American Health Organization,  a  regional  office  of  the
    49  World  Health  Organization, issued a statement in May of 2012 and in it
    50  the organization states: These supposed conversion therapies  constitute
    51  a  violation  of the ethical principles of health care and violate human
    52  rights that are protected  by  international  regional  agreements.  The
    53  organization  also  noted  that reparative therapies lack medical justi-
    54  fication and represent a serious threat to the health and well-being  of
    55  affected people.

        A. 6983--B                          4
 
     1    m. Minors who experience family rejection based on their sexual orien-
     2  tation face especially serious health risks. In one study, lesbian, gay,
     3  and bisexual young adults who reported higher levels of family rejection

     4  during adolescence were 8.4 times more likely to report having attempted
     5  suicide,  5.9 times more likely to report high levels of depression, 3.4
     6  times more likely to use illegal drugs, and 3.4  times  more  likely  to
     7  report  having  engaged  in unprotected sexual intercourse compared with
     8  peers from families that reported no or low levels of family  rejection.
     9  This  is  documented  by  Caitlin  Ryan et al. in their article entitled
    10  Family Rejection as a Predictor of Negative Health Outcomes in White and
    11  Latino Lesbian, Gay, and Bisexual Young  Adults  (2009)  123  Pediatrics
    12  346.
    13    n.  New  York has a compelling interest in protecting the physical and
    14  psychological well-being of minors, including  lesbian,  gay,  bisexual,
    15  and  transgender youth, and in protecting its minors against exposure to
    16  serious harms caused by sexual orientation change efforts.

    17    § 2. The education law is amended by adding a new  section  6509-d  to
    18  read as follows:
    19    §  6509-d.  Additional  definition  of professional misconduct; mental
    20  health professionals. 1. For the purposes of this section:
    21    a.  "Mental  health  professional"  means  a  person  subject  to  the
    22  provisions of article one hundred fifty-three, one hundred fifty-four or
    23  one hundred sixty-three of this title; or any other person designated as
    24  a mental health professional pursuant to law, rule or regulation.
    25    b.  "Sexual  orientation  change  efforts" (i) means any practice by a
    26  mental health professional that seeks to change an  individual's  sexual
    27  orientation, including, but not limited to, efforts to change behaviors,

    28  gender identity, or gender expressions, or to eliminate or reduce sexual
    29  or  romantic attractions or feelings towards individuals of the same sex
    30  and (ii) shall not include counseling for a person seeking to transition
    31  from one gender to another, or psychotherapies that: (A) provide accept-
    32  ance, support and understanding  of  patients  or  the  facilitation  of
    33  patients'  coping,  social support and identity exploration and develop-
    34  ment, including sexual orientation-neutral interventions to  prevent  or
    35  address unlawful conduct or unsafe sexual practices; and (B) do not seek
    36  to change sexual orientation.
    37    2.  It  shall  be  professional misconduct for a mental health profes-

    38  sional to engage in sexual orientation change efforts upon  any  patient
    39  under  the  age  of  eighteen  years, and any mental health professional
    40  found guilty of such  misconduct  under  the  procedures  prescribed  in
    41  section  sixty-five  hundred  ten of this subarticle shall be subject to
    42  the penalties prescribed in section sixty-five hundred  eleven  of  this
    43  subarticle.
    44    §  3.  The  education law is amended by adding a new section 6531-a to
    45  read as follows:
    46    § 6531-a. Additional definition  of  professional  misconduct;  mental
    47  health professionals. 1. Definitions. For the purposes of this section:
    48    a.  "Mental  health  professional"  means  a  person  subject  to  the
    49  provisions of article one hundred thirty-one of this title.

    50    b. "Sexual orientation change efforts" (i) means  any  practice  by  a
    51  mental  health  professional that seeks to change an individual's sexual
    52  orientation, including, but not limited to, efforts to change behaviors,
    53  gender identity, or gender expressions, or to eliminate or reduce sexual
    54  or romantic attractions or feelings towards individuals of the same sex;
    55  and (ii) shall not include counseling for a person seeking to transition
    56  from one gender to another, or psychotherapies that: (A) provide accept-

        A. 6983--B                          5
 
     1  ance, support and understanding  of  patients  or  the  facilitation  of
     2  patients'  coping, social support, and identity exploration and develop-

     3  ment, including sexual orientation-neutral interventions to  prevent  or
     4  address unlawful conduct or unsafe sexual practices; and (B) do not seek
     5  to change sexual orientation.
     6    2.  It  shall  be  professional misconduct for a mental health profes-
     7  sional to engage in sexual orientation change efforts upon  any  patient
     8  under  the  age  of  eighteen  years, and any mental health professional
     9  found guilty of such misconduct under the procedures prescribed in title
    10  two-A of article two of the public health law shall be  subject  to  the
    11  penalties  prescribed  in  section  two  hundred  thirty-a of the public
    12  health law, as added by chapter six hundred six of the laws of  nineteen
    13  hundred ninety-one.

    14    § 4. This act shall take effect immediately.
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