S T A T E O F N E W Y O R K
________________________________________________________________________
1046
2019-2020 Regular Sessions
I N S E N A T E
January 10, 2019
___________
Introduced by Sens. HOYLMAN, GIANARIS, ADDABBO, BAILEY, BENJAMIN, BIAG-
GI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GOUNARDES, HARCKHAM,
JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MARTINEZ,
MAY, MAYER, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS,
RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVI-
SKY, STEWART-COUSINS, THOMAS -- 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 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-
hatred, hostility and blame toward parents, feelings of anger and
betrayal, loss of friends and potential romantic partners, problems in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05039-01-9
S. 1046 2
sexual and emotional intimacy, sexual dysfunction, high-risk sexual
behaviors, a feeling of being dehumanized and untrue to self, a loss of
faith, and a sense of having wasted time and resources.
c. The American Psychological Association issued a resolution on
Appropriate Affirmative Responses to Sexual Orientation Distress and
Change Efforts in 2009, which states: The American Psychological Associ-
ation advises parents, guardians, young people, and their families to
avoid sexual orientation change efforts that portray homosexuality as a
mental illness or developmental disorder and to seek psychotherapy,
social supports, and educational services that provide accurate informa-
tion on sexual orientation and sexuality, increase family and school
support, and reduce rejection of sexual minority youth.
d. The American Psychiatric Association published a position statement
in March of 2000 in which it stated: "Psychotherapeutic modalities to
convert or 'repair' homosexuality are based on developmental theories
whose scientific validity is questionable. Furthermore, anecdotal
reports of 'cures' are counterbalanced by anecdotal claims of psycholog-
ical harm. In the last four decades, 'reparative' therapists have not
produced any rigorous scientific research to substantiate their claims
of cure. Until there is such research available, the American Psychiat-
ric Association recommends that ethical practitioners refrain from
attempts to change individuals' sexual orientation, keeping in mind the
medical dictum to first, do no harm. The potential risks of reparative
therapy are great, including depression, anxiety and self-destructive
behavior, since therapist alignment with societal prejudices against
homosexuality may reinforce self-hatred already experienced by the
patient. Many patients who have undergone reparative therapy relate that
they were inaccurately told that homosexuals are lonely, unhappy indi-
viduals who never achieve acceptance or satisfaction. The possibility
that the person might achieve happiness and satisfying interpersonal
relationships as a gay man or lesbian is not presented, nor are alterna-
tive approaches to dealing with the effects of societal stigmatization
discussed. Therefore, the American Psychiatric Association opposes any
psychiatric treatment such as reparative or conversion therapy which is
based upon the assumption that homosexuality per se is a mental disorder
or based upon the a priori assumption that a patient should change
his/her sexual orientation."
e. The American School Counselor Association's position statement on
professional school counselors and lesbian, gay, bisexual, transgen-
dered, and questioning (LGBTQ) youth states: It is not the role of the
professional school counselor to attempt to change a student's sexual
orientation/gender identity but instead to provide support to LGBTQ
students to promote student achievement and personal well-being. Recog-
nizing that sexual orientation is not an illness and does not require
treatment, professional school counselors may provide individual student
planning or responsive services to LGBTQ students to promote self-accep-
tance, deal with social acceptance, understand issues related to coming
out, including issues that families may face when a student goes through
this process and identify appropriate community resources.
f. The American Academy of Pediatrics in 1993 published an article in
its journal, Pediatrics, stating: Therapy directed at specifically
changing sexual orientation is contraindicated, since it can provoke
guilt and anxiety while having little or no potential for achieving
changes in orientation.
g. The American Medical Association Council on Scientific Affairs
prepared a report in 1994 in which it stated: Aversion therapy (a behav-
S. 1046 3
ioral or medical intervention which pairs unwanted behavior , in this
case, homosexual behavior, with unpleasant sensations or aversive conse-
quences) is no longer recommended for gay men and lesbians. Through
psychotherapy, gay men and lesbians can become comfortable with their
sexual orientation and understand the societal response to it.
h. The National Association of Social Workers prepared a 1997 policy
statement in which it stated: Social stigmatization of lesbian, gay and
bisexual people is widespread and is a primary motivating factor in
leading some people to seek sexual orientation changes. Sexual orien-
tation conversion therapies assume that homosexual orientation is both
pathological and freely chosen. No data demonstrates that reparative or
conversion therapies are effective, and, in fact, they may be harmful.
i. The American Counseling Association Governing Council issued a
position statement in April of 1999, and in it the council states: We
oppose 'the promotion of 'reparative therapy' as a 'cure' for individ-
uals who are homosexual.
j. The American Psychoanalytic Association issued a position statement
in June 2012 on attempts to change sexual orientation, gender, identity,
or gender expression, and in it the association states: As with any
societal prejudice, bias against individuals based on actual or
perceived sexual orientation, gender identity or gender expression nega-
tively affects mental health, contributing to an enduring sense of stig-
ma and pervasive self-criticism through the internalization of such
prejudice. Psychoanalytic technique does not encompass purposeful
attempts to 'convert,' 'repair,' change or shift an individual's sexual
orientation, gender identity or gender expression. Such directed
efforts are against fundamental principles of psychoanalytic treatment
and often result in substantial psychological pain by reinforcing damag-
ing internalized attitudes.
k. The American Academy of Child and Adolescent Psychiatry in 2012
published an article in its journal, Journal of the American Academy of
Child and Adolescent Psychiatry, stating: Clinicians should be aware
that there is no evidence that sexual orientation can be altered through
therapy, and that attempts to do so may be harmful. There is no empir-
ical evidence adult homosexuality can be prevented if gender nonconform-
ing children are influenced to be more gender conforming. Indeed, there
is not medically valid basis for attempting to prevent homosexuality,
which is not an illness. On the contrary, such efforts may encourage
family rejection and undermine self-esteem, connectedness and caring,
important protective factors against suicidal ideation and attempts.
Given that there is no evidence that efforts to alter sexual orientation
are effect, beneficial or necessary, and the possibility that they carry
the risk of significant harm, such interventions are contraindicated.
l. The Pan American Health Organization, a regional office of the
World Health Organization, issued a statement in May of 2012 and in it
the organization states: These supposed conversion therapies constitute
a violation of the ethical principles of health care and violate human
rights that are protected by international regional agreements. The
organization also noted that reparative therapies lack medical justi-
fication and represent a serious threat to the health and well-being of
affected people.
m. Minors who experience family rejection based on their sexual orien-
tation face especially serious health risks. In one study, lesbian, gay,
and bisexual 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
S. 1046 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.
This is documented by Caitlin Ryan et al. in their article entitled
Family Rejection as a Predictor of Negative Health Outcomes in White and
Latino Lesbian, Gay, and Bisexual Young Adults (2009) 123 Pediatrics
346.
n. 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.
§ 2. The education law is amended by adding a new section 6509-e to
read as follows:
§ 6509-E. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL
HEALTH PROFESSIONALS. 1. FOR THE PURPOSES OF THIS SECTION:
A. "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE
PROVISIONS OF 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, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX
AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF
PATIENTS' COPING, SOCIAL SUPPORT AND IDENTITY EXPLORATION AND DEVELOP-
MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR
ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
TO CHANGE SEXUAL ORIENTATION.
2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBARTICLE SHALL BE SUBJECT TO
THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS
SUBARTICLE.
§ 3. The education law is amended by adding a new section 6531-a to
read as follows:
§ 6531-A. 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.
B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS ANY PRACTICE BY A
MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL
ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX;
AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF
PATIENTS' COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOP-
MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR
ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
TO CHANGE SEXUAL ORIENTATION.
S. 1046 5
2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE
TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW SHALL BE SUBJECT TO THE
PENALTIES PRESCRIBED IN SECTION TWO HUNDRED THIRTY-A OF THE PUBLIC
HEALTH LAW, AS ADDED BY CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN
HUNDRED NINETY-ONE.
§ 4. This act shall take effect immediately.
