Text of HI SB 270 (2017)

THE SENATE S.B. NO. 270 TWENTY-NINTH LEGISLATURE, 2017 STATE OF HAWAII A BILL FOR AN ACT relating to minors. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that 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. The task force concluded that sexual orientation change efforts can pose critical health risks to lesbian, gay, and bisexual individuals, including confusion, depression, guilt, helplessness, shame, social withdrawal, suicide, substance abuse, and other negative feelings and behaviors. The purpose of this Act is to protect the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth, against exposure to serious harms caused by sexual orientation change efforts. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows: "Chapter SEXUAL ORIENTATION CHANGE § -1 Sexual orientation change efforts prohibited; advertising prohibited. (a) No person who is licensed to provide professional counseling, including but not limited to a physician specializing in the practice of psychiatry, physician assistant, psychologist, social worker, mental health counselor, marriage and family therapist, or a person who performs counseling as part of the person's professional training for any of these professions, shall: (1) Engage in or attempt to engage in sexual orientation change efforts on a person under eighteen years of age; or (2) Advertise the offering of sexual orientation change efforts on a person under eighteen years of age. (b) Any person who is licensed to provide professional counseling who engages in or attempts to engage in the offering of sexual orientation change efforts on a person under eighteen years of age shall be subject to disciplinary action by the appropriate professional licensing authority. (c) For the purposes of this section, "sexual orientation change efforts" means the practice of attempting to change a person's sexual orientation, including but not limited to efforts to change behaviors, gender identity, or gender expressions; or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same gender. "Sexual orientation change efforts" shall not include counseling for a person seeking to transition from one gender to another or counseling that: (1) Provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (2) Does not seek to change sexual orientation." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ Report Title: Conversion Therapy; Sexual Orientation; Minors Description: Prohibits persons licensed to provide professional counseling from engaging in, attempting to engage in, or advertising sexual orientation change efforts on persons under 18 years of age. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.