Bill Text: NY S04840 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits sexual orientation change efforts by mental health providers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S04840 Detail]

Download: New_York-2013-S04840-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4840
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 26, 2013
                                      ___________
       Introduced  by  Sen. HOYLMAN -- 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  sexual
         orientation change efforts by mental health providers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 6509-d
    2  to read as follows:
    3    S 6509-D. SEXUAL ORIENTATION CHANGE EFFORTS. 1. FOR  THE  PURPOSES  OF
    4  THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE THE FOLLOWING MEANINGS:
    5    (A)  "MENTAL HEALTH PROVIDER" MEANS A PHYSICIAN AND SURGEON SPECIALIZ-
    6  ING IN THE PRACTICE  OF  PSYCHIATRY,  A  PSYCHOLOGIST,  A  PSYCHOLOGICAL
    7  ASSISTANT, INTERN, OR TRAINEE, A LICENSED MARRIAGE AND FAMILY THERAPIST,
    8  A  REGISTERED  MARRIAGE  AND  FAMILY  THERAPIST,  INTERN,  OR TRAINEE, A
    9  LICENSED EDUCATIONAL PSYCHOLOGIST, A CREDENTIALED SCHOOL PSYCHOLOGIST, A
   10  LICENSED CLINICAL SOCIAL WORKER, AN ASSOCIATE CLINICAL SOCIAL WORKER,  A
   11  LICENSED  PROFESSIONAL CLINICAL COUNSELOR, A REGISTERED CLINICAL COUNSE-
   12  LOR, INTERN, OR TRAINEE, OR ANY OTHER  PERSON  DESIGNATED  AS  A  MENTAL
   13  HEALTH PROFESSIONAL UNDER STATE LAW OR REGULATION.
   14    (B)(1)  "SEXUAL  ORIENTATION  CHANGE  EFFORTS"  MEANS ANY PRACTICES BY
   15  MENTAL HEALTH PROVIDERS THAT  SEEK  TO  CHANGE  AN  INDIVIDUAL'S  SEXUAL
   16  ORIENTATION.   THIS INCLUDES EFFORTS TO CHANGE BEHAVIORS OR GENDER IDEN-
   17  TITY OR EXPRESSION,  OR  TO  ELIMINATE  OR  REDUCE  SEXUAL  OR  ROMANTIC
   18  ATTRACTIONS OR FEELINGS TOWARD INDIVIDUALS OF THE SAME SEX.
   19    (2)  "SEXUAL ORIENTATION CHANGE EFFORTS" DOES NOT INCLUDE PSYCHOTHERA-
   20  PIES THAT: (A) PROVIDE ACCEPTANCE, SUPPORT, AND UNDERSTANDING OF CLIENTS
   21  OR THE FACILITATION OF CLIENTS' COPING,  SOCIAL  SUPPORT,  AND  IDENTITY
   22  EXPLORATION AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTER-
   23  VENTIONS  TO  PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRAC-
   24  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.
                                                                  LBD09989-02-3
       S. 4840                             2
    1    2. UNDER NO CIRCUMSTANCES SHALL A MENTAL  HEALTH  PROVIDER  ENGAGE  IN
    2  SEXUAL ORIENTATION CHANGE EFFORTS FOR INDIVIDUALS UNDER THE AGE OF EIGH-
    3  TEEN YEARS. ANY SEXUAL ORIENTATION CHANGE EFFORTS ATTEMPTED ON A PATIENT
    4  UNDER EIGHTEEN YEARS OF AGE BY A MENTAL HEALTH PROVIDER SHALL BE CONSID-
    5  ERED  UNPROFESSIONAL  CONDUCT AND SHALL SUBJECT A MENTAL HEALTH PROVIDER
    6  TO DISCIPLINE BY THE LICENSING ENTITY FOR THAT MENTAL HEALTH PROVIDER.
    7    S 2. This act shall take effect immediately.