A03977 Summary:

BILL NOA03977
 
SAME ASSAME AS S00263
 
SPONSORGlick (MS)
 
COSPNSRTitone, Jaffee, O'Donnell, Barrett, Skoufis, Zebrowski, Rosenthal L, Buchwald, Magnarelli, Lifton, Mosley, Abinanti, Weprin, Bronson, Ortiz, Lavine, Pellegrino, Quart, D'Urso, Taylor, Simon, Dinowitz, Rodriguez, Sepulveda, Seawright, De La Rosa, Espinal, Simotas
 
MLTSPNSRByrne, Cook, Englebright, Epstein, Galef, Lupardo, Stirpe, Thiele
 
Add §§6509-e & 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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A03977 Actions:

BILL NOA03977
 
01/30/2017referred to higher education
02/28/2017reported referred to codes
03/07/2017reported
03/09/2017advanced to third reading cal.122
03/28/2017passed assembly
03/28/2017delivered to senate
03/28/2017REFERRED TO HIGHER EDUCATION
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.303
04/30/2018passed assembly
04/30/2018delivered to senate
04/30/2018REFERRED TO HIGHER EDUCATION
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A03977 Committee Votes:

HIGHER EDUCATION Chair:Glick DATE:02/28/2017AYE/NAY:21/4 Action: Favorable refer to committee Codes
GlickAyeLupinacciAye
GottfriedAyeButlerNay
MageeAyeFitzpatrickNay
EnglebrightAyeRaAye
CahillAyeGarbarinoAye
PaulinExcusedMorinelloNay
LiftonAyeNorrisNay
CusickAye
LupardoAye
Peoples-StokesAye
LavineAye
BrindisiAye
SimanowitzAye
StirpeAye
FahyAye
PichardoAye
SimonAye
HarrisAye
McDonaldAye

CODES Chair:Lentol DATE:03/07/2017AYE/NAY:16/5 Action: Favorable
LentolAyeGrafNay
SchimmingerNayGiglioNay
WeinsteinAyeMcKevittAye
PretlowAyeMontesanoNay
CookAyeRaAye
CymbrowitzAyeMorinelloNay
TitusAye
O'DonnellAbsent
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye

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A03977 Floor Votes:

DATE:03/28/2017Assembly Vote  YEA/NAY: 121/24
Yes
Abbate
Yes
Crouch
No
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Simanowitz
Yes
Abinanti
Yes
Curran
Yes
Gottfried
No
Lopez
Yes
Ortiz
Yes
Simon
Yes
Arroyo
Yes
Cusick
No
Graf
Yes
Lupardo
Yes
Otis
Yes
Simotas
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
No
Palmesano
Yes
Skartados
Yes
Barclay
Yes
Davila
Yes
Harris
Yes
Magee
ER
Palumbo
Yes
Skoufis
Yes
Barnwell
Yes
De La Rosa
No
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Solages
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Peoples-Stokes
No
Stec
Yes
Barron
Yes
Dickens
Yes
Hikind
Yes
Mayer
Yes
Perry
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pichardo
Yes
Thiele
Yes
Blake
No
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pretlow
Yes
Titone
No
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Quart
Yes
Titus
No
Brabenec
Yes
Englebright
Yes
Jean-Pierre
No
Miller B
Yes
Ra
Yes
Vanel
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Raia
Yes
Walker
Yes
Brindisi
Yes
Fahy
No
Johns
Yes
Miller ML
Yes
Ramos
Yes
Wallace
Yes
Bronson
Yes
Farrell
Yes
Jones
No
Montesano
Yes
Richardson
Yes
Walsh
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
Yes
Walter
No
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Morinello
ER
Rodriguez
Yes
Weinstein
Yes
Byrne
No
Friend
No
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weprin
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Williams
Yes
Carroll
ER
Gantt
No
Kolb
No
Murray
Yes
Ryan
Yes
Woerner
Yes
Castorina
Yes
Garbarino
ER
Lalor
Yes
Niou
Yes
Santabarbara
Yes
Wright
Yes
Colton
No
Giglio
Yes
Lavine
Yes
Nolan
No
Schimminger
Yes
Zebrowski
Yes
Cook
Yes
Gjonaj
No
Lawrence
No
Norris
Yes
Seawright
Yes
Mr. Speaker
Yes
Crespo
Yes
Glick
Yes
Lentol
No
Oaks
Yes
Sepulveda

‡ Indicates voting via videoconference
DATE:04/30/2018Assembly Vote  YEA/NAY: 116/19
Yes
Abbate
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Abinanti
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Arroyo
Yes
Curran
No
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Taylor
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Thiele
Yes
Barnwell
ER
Davila
No
Hawley
No
Mikulin
ER
Quart
Yes
Titone
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
No
Miller B
Yes
Ra
Yes
Titus
Yes
Barron
ER
DenDekker
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Vanel
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Walker
Yes
Bichotte
Yes
Dilan
Yes
Hunter
No
Montesano
Yes
Richardson
Yes
Wallace
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Walsh
No
Blankenbush
No
DiPietro
Yes
Jaffee
No
Morinello
Yes
Rodriguez
Yes
Walter
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Weinstein
No
Brabenec
Yes
Englebright
Yes
Jenne
No
Murray
Yes
Rosenthal L
ER
Weprin
Yes
Braunstein
Yes
Epstein
No
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
Yes
Brindisi
No
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Woerner
Yes
Bronson
Yes
Espinal
Yes
Joyner
No
Norris
Yes
Santabarbara
Yes
Wright
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
No
Schimminger
Yes
Zebrowski
ER
Butler
Yes
Fernandez
ER
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Byrne
Yes
Finch
No
Lalor
Yes
Ortiz
Yes
Simon
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
No
Friend
No
Lawrence
ER
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
No
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
ER
Paulin
Yes
Solages
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
No
Stec

‡ Indicates voting via videoconference
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A03977 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3977
 
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 unprofes- sional 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. 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 welt 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: A.4958 of 2015-16: Passed Assembly S.4917-B of 2013-2014 (Hoylman): Died in Higher Education A.6983-8 of 2013-2014 (Glick): Died in Higher Education (2013)/Passed Assembly (2014)   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A03977 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3977
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     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
    14  withdrawal,  suicidality, substance abuse, stress, disappointment, self-
    15  blame, decreased self-esteem and authenticity to others, increased self-
    16  hatred, hostility and  blame  toward  parents,  feelings  of  anger  and
    17  betrayal,  loss  of friends and potential romantic partners, problems in
    18  sexual and emotional  intimacy,  sexual  dysfunction,  high-risk  sexual
    19  behaviors,  a feeling of being dehumanized and untrue to self, a loss of
    20  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
 
     1    c. The American  Psychological  Association  issued  a  resolution  on
     2  Appropriate  Affirmative  Responses  to  Sexual Orientation Distress and
     3  Change Efforts in 2009, which states: The American Psychological Associ-
     4  ation advises parents, guardians, young people, and  their  families  to
     5  avoid  sexual orientation change efforts that portray homosexuality as a
     6  mental illness or developmental  disorder  and  to  seek  psychotherapy,
     7  social supports, and educational services that provide accurate informa-
     8  tion  on  sexual  orientation  and sexuality, increase family and school
     9  support, and reduce rejection of sexual minority youth.
    10    d. The American Psychiatric Association published a position statement
    11  in March of 2000 in which it stated:  "Psychotherapeutic  modalities  to
    12  convert  or  'repair'  homosexuality are based on developmental theories
    13  whose  scientific  validity  is  questionable.  Furthermore,   anecdotal
    14  reports of 'cures' are counterbalanced by anecdotal claims of psycholog-
    15  ical  harm.  In  the last four decades, 'reparative' therapists have not
    16  produced any rigorous scientific research to substantiate  their  claims
    17  of  cure. Until there is such research available, the American Psychiat-
    18  ric Association  recommends  that  ethical  practitioners  refrain  from
    19  attempts  to change individuals' sexual orientation, keeping in mind the
    20  medical dictum to first, do no harm.  The potential risks of  reparative
    21  therapy  are  great,  including depression, anxiety and self-destructive
    22  behavior, since therapist alignment  with  societal  prejudices  against
    23  homosexuality  may  reinforce  self-hatred  already  experienced  by the
    24  patient. Many patients who have undergone reparative therapy relate that
    25  they were inaccurately told that homosexuals are lonely,  unhappy  indi-
    26  viduals  who  never  achieve acceptance or satisfaction. The possibility
    27  that the person might achieve  happiness  and  satisfying  interpersonal
    28  relationships as a gay man or lesbian is not presented, nor are alterna-
    29  tive  approaches  to dealing with the effects of societal stigmatization
    30  discussed.  Therefore, the American Psychiatric Association opposes  any
    31  psychiatric  treatment such as reparative or conversion therapy which is
    32  based upon the assumption that homosexuality per se is a mental disorder
    33  or based upon the a priori  assumption  that  a  patient  should  change
    34  his/her sexual orientation."
    35    e.  The  American School Counselor Association's position statement on
    36  professional school counselors and  lesbian,  gay,  bisexual,  transgen-
    37  dered,  and  questioning (LGBTQ) youth states: It is not the role of the
    38  professional school counselor to attempt to change  a  student's  sexual
    39  orientation/gender  identity  but  instead  to  provide support to LGBTQ
    40  students to promote student achievement and personal well-being.  Recog-
    41  nizing  that  sexual  orientation is not an illness and does not require
    42  treatment, professional school counselors may provide individual student
    43  planning or responsive services to LGBTQ students to promote self-accep-
    44  tance, deal with social acceptance, understand issues related to  coming
    45  out, including issues that families may face when a student goes through
    46  this process and identify appropriate community resources.
    47    f.  The American Academy of Pediatrics in 1993 published an article in
    48  its journal,  Pediatrics,  stating:  Therapy  directed  at  specifically
    49  changing  sexual  orientation  is  contraindicated, since it can provoke
    50  guilt and anxiety while having little  or  no  potential  for  achieving
    51  changes in orientation.
    52    g.  The  American  Medical  Association  Council on Scientific Affairs
    53  prepared a report in 1994 in which it stated: Aversion therapy (a behav-
    54  ioral or medical intervention which pairs unwanted behavior  ,  in  this
    55  case, homosexual behavior, with unpleasant sensations or aversive conse-
    56  quences)  is  no  longer  recommended  for gay men and lesbians. Through

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

        A. 3977                             4
 
     1  This  is  documented  by  Caitlin  Ryan et al. in their article entitled
     2  Family Rejection as a Predictor of Negative Health Outcomes in White and
     3  Latino Lesbian, Gay, and Bisexual Young  Adults  (2009)  123  Pediatrics
     4  346.
     5    n.  New  York has a compelling interest in protecting the physical and
     6  psychological well-being of minors, including  lesbian,  gay,  bisexual,
     7  and  transgender youth, and in protecting its minors against exposure to
     8  serious harms caused by sexual orientation change efforts.
     9    § 2. The education law is amended by adding a new  section  6509-e  to
    10  read as follows:
    11    §  6509-e.  Additional  definition  of professional misconduct; mental
    12  health professionals. 1. For the purposes of this section:
    13    a.  "Mental  health  professional"  means  a  person  subject  to  the
    14  provisions of article one hundred fifty-three, one hundred fifty-four or
    15  one hundred sixty-three of this title; or any other person designated as
    16  a mental health professional pursuant to law, rule or regulation.
    17    b.  "Sexual  orientation  change  efforts" (i) means any practice by a
    18  mental health professional that seeks to change an  individual's  sexual
    19  orientation, including, but not limited to, efforts to change behaviors,
    20  gender identity, or gender expressions, or to eliminate or reduce sexual
    21  or  romantic attractions or feelings towards individuals of the same sex
    22  and (ii) shall not include counseling for a person seeking to transition
    23  from one gender to another, or psychotherapies that: (A) provide accept-
    24  ance, support and understanding  of  patients  or  the  facilitation  of
    25  patients'  coping,  social support and identity exploration and develop-
    26  ment, including sexual orientation-neutral interventions to  prevent  or
    27  address unlawful conduct or unsafe sexual practices; and (B) do not seek
    28  to change sexual orientation.
    29    2.  It  shall  be  professional misconduct for a mental health profes-
    30  sional to engage in sexual orientation change efforts upon  any  patient
    31  under  the  age  of  eighteen  years, and any mental health professional
    32  found guilty of such  misconduct  under  the  procedures  prescribed  in
    33  section  sixty-five  hundred  ten of this subarticle shall be subject to
    34  the penalties prescribed in section sixty-five hundred  eleven  of  this
    35  subarticle.
    36    §  3.  The  education law is amended by adding a new section 6531-a to
    37  read as follows:
    38    § 6531-a. Additional definition  of  professional  misconduct;  mental
    39  health professionals. 1. Definitions. For the purposes of this section:
    40    a.  "Mental  health  professional"  means  a  person  subject  to  the
    41  provisions of article one hundred thirty-one of this title.
    42    b. "Sexual orientation change efforts" (i) means  any  practice  by  a
    43  mental  health  professional that seeks to change an individual's sexual
    44  orientation, including, but not limited to, efforts to change behaviors,
    45  gender identity, or gender expressions, or to eliminate or reduce sexual
    46  or romantic attractions or feelings towards individuals of the same sex;
    47  and (ii) shall not include counseling for a person seeking to transition
    48  from one gender to another, or psychotherapies that: (A) provide accept-
    49  ance, support and understanding  of  patients  or  the  facilitation  of
    50  patients'  coping, social support, and identity exploration and develop-
    51  ment, including sexual orientation-neutral interventions to  prevent  or
    52  address unlawful conduct or unsafe sexual practices; and (B) do not seek
    53  to change sexual orientation.
    54    2.  It  shall  be  professional misconduct for a mental health profes-
    55  sional to engage in sexual orientation change efforts upon  any  patient
    56  under  the  age  of  eighteen  years, and any mental health professional

        A. 3977                             5
 
     1  found guilty of such misconduct under the procedures prescribed in title
     2  two-A of article two of the public health law shall be  subject  to  the
     3  penalties  prescribed  in  section  two  hundred  thirty-a of the public
     4  health  law, as added by chapter six hundred six of the laws of nineteen
     5  hundred ninety-one.
     6    § 4. This act shall take effect immediately.
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