senate Bill S4917B

2013-2014 Legislative Session

Designates engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 25, 2014 print number 4917b
amend and recommit to higher education
Jan 09, 2014 print number 4917a
amend (t) and recommit to higher education
Jan 08, 2014 referred to higher education
May 01, 2013 referred to higher education

Co-Sponsors

view additional co-sponsors

S4917 - Details

See Assembly Version of this Bill:
A6983B
Law Section:
Education Law
Laws Affected:
Add §§6509-d & 6531-a, Ed L

S4917 - Summary

Designates as professional misconduct, engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age.

S4917 - Sponsor Memo

S4917 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4917

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced by Sens. HOYLMAN, GIANARIS, MONTGOMERY, PERALTA -- 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6509-d
to read as follows:
  S 6509-D. 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 IF HE OR  SHE
SPECIALIZES  IN  THE  PRACTICE  OF  PSYCHIATRY,  OR  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; AND  (II)  SHALL  NOT  INCLUDE  PSYCHOTHERAPIES  THAT:  (A)
PROVIDE ACCEPTANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILI-
TATION OF PATIENTS' COPING AND SOCIAL SUPPORT, INCLUDING SEXUAL ORIENTA-
TION-NEUTRAL  INTERVENTIONS  TO  PREVENT  OR ADDRESS UNLAWFUL CONDUCT OR
UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK  TO  CHANGE  SEXUAL  ORIEN-
TATION.
  2.  PROHIBITION.  THE  LICENSE,  REGISTRATION  OR  CERTIFICATE, ISSUED
PURSUANT TO THIS  TITLE,  OF  A  MENTAL  HEALTH  PROFESSIONAL  SHALL  BE
REVOKED,  SUSPENDED  OR ANNULLED, OR SUCH PROFESSIONAL MAY BE SUBJECT TO
ANY OTHER PENALTY PROVIDED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF  THIS
SUBARTICLE  IN  ACCORDANCE  WITH  THE  PROVISIONS AND PROCEDURES OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09824-02-3

Co-Sponsors

view additional co-sponsors

S4917A - Details

See Assembly Version of this Bill:
A6983B
Law Section:
Education Law
Laws Affected:
Add §§6509-d & 6531-a, Ed L

S4917A - Summary

Designates as professional misconduct, engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age.

S4917A - Sponsor Memo

S4917A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4917--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens.  HOYLMAN,  GIANARIS, KENNEDY, KRUEGER, MONTGOMERY,
  PERALTA, RIVERA -- read twice and ordered printed, and when printed to
  be committed to the Committee on Higher Education  --  recommitted  to
  the  Committee  on  Higher Education in accordance with Senate Rule 6,
  sec. 8 -- 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:

  Section 1.  Legislative findings and intent.  The  Legislature  hereby
finds and declares all of the following:
  a.  Being  lesbian,  gay,  or  bisexual  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, and bisexual 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 sexual and
emotional intimacy, sexual dysfunction, high-risk  sexual  behaviors,  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09824-03-4

Co-Sponsors

view additional co-sponsors

S4917B (ACTIVE) - Details

See Assembly Version of this Bill:
A6983B
Law Section:
Education Law
Laws Affected:
Add §§6509-d & 6531-a, Ed L

S4917B (ACTIVE) - Summary

Designates as professional misconduct, engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age.

S4917B (ACTIVE) - Sponsor Memo

S4917B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4917--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by Sens. HOYLMAN, GIANARIS, AVELLA, CARLUCCI, HASSELL-THOMP-
  SON, KENNEDY, KRUEGER, MONTGOMERY, O'BRIEN, PERALTA, RIVERA,  SERRANO,
  SQUADRON,  STAVISKY,  TKACZYK  --  read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- 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:

  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09824-07-4

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