Establishes a private right of action against mental health professionals who engaged in sexual orientation change efforts, revives such actions otherwise barred by the existing statute of limitations and grants trial preference to such actions.
STATE OF NEW YORK
________________________________________________________________________
9817
IN SENATE
April 6, 2026
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to establishing a
private right of action against mental health professionals who
engaged in sexual orientation change efforts; to amend the civil prac-
tice law and rules, in relation to reviving such actions otherwise
barred by the existing statute of limitations and granting trial pref-
erence to such actions; and to amend the judiciary law, in relation to
directing the chief administrator of the courts to promulgate rules
for the timely adjudication of certain revived actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section
2 52-e to read as follows:
3 § 52-e. Private right of action for sexual orientation change efforts.
4 1. For purposes of this section:
5 a. "Mental health professional" means a person subject to the
6 provisions of article one hundred fifty-three, one hundred fifty-four or
7 one hundred sixty-three of the education law; or any other person desig-
8 nated as a mental health professional pursuant to law, rule or regu-
9 lation.
10 b. "Sexual orientation or gender identity change efforts" (i) means
11 any practice by a mental health professional that seeks to change an
12 individual's sexual orientation, including, but not limited to, efforts
13 to change behaviors, gender identity, or gender expressions, or to elim-
14 inate or reduce sexual or romantic attractions or feelings towards indi-
15 viduals of the same sex; and (ii) shall not include counseling for a
16 person seeking to transition from one gender to another, or psychothera-
17 pies that: (A) provide acceptance, support and understanding of patients
18 or the facilitation of patients' coping, social support and identity
19 exploration and development, including sexual orientation-neutral inter-
20 ventions to prevent or address unlawful conduct or unsafe sexual prac-
21 tices; and (B) do not seek to change sexual orientation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15452-03-6
S. 9817 2
1 2. In an action for recovery of damages suffered as a result of sexual
2 orientation or gender identity change efforts, the time for commencement
3 of the action shall be the later of the following:
4 a. If the plaintiff was under eighteen years of age at the time of the
5 conduct, until the plaintiff turns fifty-five years of age.
6 b. If the plaintiff was eighteen years of age or older at the time of
7 the conduct, within twenty years of the date of the last treatment
8 session in which the sexual orientation or gender identity change
9 efforts occurred.
10 3. This section applies to the following actions:
11 a. An action against a mental health professional for damages arising
12 from sexual orientation or gender identity change efforts.
13 b. An action against any person or entity that employed, supervised,
14 or otherwise exercised authority over a mental health professional, and
15 such person or entity knew or had reason to know that the mental health
16 professional engaged in or was likely to engage in sexual orientation or
17 gender identity change efforts and failed to take reasonable steps to
18 prevent such conduct.
19 c. An action against any person or entity for the negligent hiring,
20 supervision, or retention of a mental health professional who engaged in
21 sexual orientation or gender identity change efforts.
22 4. In an action pursuant to this section, the plaintiff may recover
23 damages, including, but not limited to:
24 a. Economic damages, including medical expenses, mental health treat-
25 ment costs, lost earnings, and other pecuniary losses.
26 b. Noneconomic damages, including pain and suffering, emotional
27 distress, and loss of enjoyment of life.
28 c. Punitive damages if the defendant's conduct was willful, oppres-
29 sive, fraudulent, or malicious.
30 d. Reasonable attorneys' fees and costs.
31 5. a. In an action pursuant to this section, general causation may be
32 established by expert testimony, scientific literature, or other
33 evidence demonstrating that sexual orientation or gender identity change
34 efforts are capable of causing the type of psychological injury or
35 illness suffered by the plaintiff.
36 b. Once general causation is established, the trier of fact may infer
37 specific causation from evidence that the plaintiff was subjected to
38 sexual orientation or gender identity change efforts and subsequently
39 experienced the type of psychological injury or illness that such
40 efforts are capable of causing, unless the defendant establishes by a
41 preponderance of the evidence that the plaintiff's injury or illness was
42 caused solely by other factors unrelated to the sexual orientation or
43 gender identity change efforts.
44 c. In determining whether sexual orientation or gender identity change
45 efforts were a substantial factor in causing the plaintiff's injury, the
46 trier of fact may consider the nature, duration, and intensity of the
47 efforts, the age and vulnerability of the plaintiff at the time, the
48 relationship between the plaintiff and the provider, the temporal
49 relationship between the efforts and the onset or exacerbation of symp-
50 toms, and any other relevant factors.
51 d. The causation framework set forth in this subdivision reflects the
52 principle that in cases involving latent injuries and scientific consen-
53 sus regarding harmfulness, plaintiffs may establish causation by demon-
54 strating that exposure to the harmful conduct was, in reasonable medical
55 probability, a substantial factor contributing to the risk of developing
S. 9817 3
1 the injury or illness, without requiring proof of the precise mechanism
2 by which the harm occurred.
3 6. a. In an action pursuant to this section, expert testimony regard-
4 ing the general psychological effects of sexual orientation or gender
5 identity change efforts shall be admissible to establish the types of
6 harm such efforts are known to cause based on the scientific and clin-
7 ical consensus. Expert testimony may include, but is not limited to, any
8 of the following:
9 (i) The scientific and clinical consensus regarding the harmfulness of
10 sexual orientation or gender identity change efforts.
11 (ii) The types of psychological injuries commonly caused by sexual
12 orientation or gender identity change efforts.
13 (iii) The typical latency period between sexual orientation or gender
14 identity change efforts and the manifestation or recognition of psycho-
15 logical harm.
16 (iv) The reasons why survivors of sexual orientation or gender identi-
17 ty change efforts commonly experience delayed recognition of harm,
18 including repression, shame, and the dynamics of the therapeutic
19 relationship.
20 b. This subdivision shall not limit the admissibility of other rele-
21 vant expert testimony regarding causation or damages.
22 7. This section shall not be construed to do any of the following:
23 a. Limit the application of any other law that extends the time for
24 commencement of an action.
25 b. Limit or restrict any statutory or common law cause of action or
26 remedy available to any person injured by sexual orientation or gender
27 identity change efforts.
28 c. Limit or restrict the application of section sixty-five hundred
29 nine-e or sixty-five hundred thirty-one-a of the education law.
30 8. It is the intent of the legislature that this section be interpret-
31 ed broadly to effectuate its remedial purpose of providing civil reme-
32 dies to persons harmed by sexual orientation or gender identity change
33 efforts.
34 § 2. The civil practice law and rules is amended by adding a new
35 section 214-k to read as follows:
36 § 214-k. Action to recover damages from sexual orientation or gender
37 identity change efforts. Notwithstanding any provision of law which
38 imposes a period of limitation to the contrary and the provisions of any
39 other law pertaining to the filing of a notice of claim or a notice of
40 intention to file a claim as a condition precedent to commencement of an
41 action or special proceeding, every civil claim or cause of action
42 brought against any party alleging intentional or negligent acts or
43 omissions by a person for physical, psychological, or other injury or
44 condition suffered as a result of conduct which would constitute sexual
45 orientation or gender identity change efforts as defined in section
46 fifty-two-e of the civil rights law, which is barred as of the effective
47 date of this section because the applicable period of limitation has
48 expired, and/or the plaintiff previously failed to file a notice of
49 claim or a notice of intention to file a claim, is hereby revived, and
50 action thereon may be commenced not earlier than six months after, and
51 not later than three years after the effective date of this section. In
52 any such claim or action, dismissal of a previous action, ordered before
53 the effective date of this section, on grounds that such previous action
54 was time barred, and/or for failure of a party to file a notice of claim
55 or a notice of intention to file a claim, shall not be grounds for
56 dismissal of a revival action pursuant to this section.
S. 9817 4
1 § 3. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
2 law and rules, as amended by chapter 203 of the laws of 2022, is amended
3 to read as follows:
4 7. any action which has been revived pursuant to section two hundred
5 fourteen-g [or], two hundred fourteen-j or two hundred fourteen-k of
6 this chapter.
7 § 4. The judiciary law is amended by adding a new section 219-f to
8 read as follows:
9 § 219-f. Rules reviving certain actions; sexual orientation or gender
10 identity change efforts. The chief administrator of the courts shall
11 promulgate rules for the timely adjudication of revived actions brought
12 pursuant to section two hundred fourteen-k of the civil practice law and
13 rules.
14 § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
15 sion, section or part of this act shall be adjudged by any court of
16 competent jurisdiction to be invalid, such judgment shall not affect,
17 impair, or invalidate the remainder thereof, but shall be confined in
18 its operation to the clause, sentence, paragraph, subdivision, section
19 or part thereof directly involved in the controversy in which such judg-
20 ment shall have been rendered. It is hereby declared to be the intent of
21 the legislature that this act would have been enacted even if such
22 invalid provisions had not been included herein.
23 § 6. This act shall take effect immediately; provided, however, that
24 section four of this act shall take effect three months after this act
25 shall have become a law.
