Text of MA H 110 (2020)

1 of 4 HOUSE DOCKET, NO. 1557 FILED ON: 1/16/2019 HOUSE . . . . . . . . . . . . . . . No. 110 The Commonwealth of Massachusetts _________________ PRESENTED BY: Shawn Dooley _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act banning conversion therapy. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Shawn Dooley 9th Norfolk Michael J. Soter 8th Worcester 2 of 4 HOUSE DOCKET, NO. 1557 FILED ON: 1/16/2019 HOUSE . . . . . . . . . . . . . . . No. 110 By Mr. Dooley of Norfolk, a petition (accompanied by bill, House, No. 110) of Shawn Dooley and Michael J. Soter for legislation to prohibit practices by health care providers that attempt to change sexual orientation or gender identity. Children, Families and Persons with Disabilities. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-First General Court (2019-2020) _______________ An Act banning conversion therapy. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 112 of the General Laws is hereby amended by adding following 2 new section:- 3 “Section 275. (a) As used in this section, the following words shall, unless the context 4 clearly requires otherwise, have the following meanings:- 5 "Gender identity”, a person's gender-related identity, appearance or behavior, whether or 6 not that gender-related identity, appearance or behavior is different from that traditionally 7 associated with the person's physiology or assigned sex at birth. Gender-related identity may be 8 shown by providing evidence including, but not limited to, medical history, care or treatment of 9 the gender-related identity, consistent and uniform assertion of the gender-related identity or any 10 other evidence that the gender-related identity is sincerely held as part of a person's core identity; 11 provided, however, that gender-related identity shall not be asserted for any improper purpose. 3 of 4 12 “Therapy provider”, (1) any health care professional licensed under this chapter, 13 including but not limited to, any physician, psychologist, social worker, nurse, or allied mental 14 health and human services professional, including marriage and family therapist, rehabilitation 15 counselor, mental health counselor, or educational psychologist; or (2) Any unlicensed person 16 portraying or otherwise offering the appearance of a professional who offers or seeks to offer 17 advice to another person on their mental or physical wellbeing. 18 “Sexual orientation”, having an orientation for or being identified as having an 19 orientation for heterosexuality, bisexuality, or homosexuality. 20 “Sexual orientation and gender identity change efforts”, any practice by a health care 21 provider that attempts or purports to impose change of an individual’s sexual orientation or 22 gender identity, including efforts to change behaviors or gender expressions or to eliminate or 23 reduce sexual or romantic attractions or feelings toward individuals of the same sex , by 24 subjecting a client or patient to the use or application of any device, substance, odor, or force that 25 causes or is intended to cause pain, discomfort, or unpleasant sensations to the client or patient. 26 “Sexual orientation and gender identity change efforts” shall not include practices that: 27 (1) (i) provide acceptance, support, and understanding of an individual’s sexual 28 orientation, gender identity, or gender expression; (ii) facilitate an individual’s coping, social 29 support, and identity exploration and development; (iii) are sexual orientation-neutral or gender 30 identity-neutral including interventions to prevent or address unlawful conduct or unsafe sexual 31 practices; or (iv) utilizes discussion alone; and 32 (2) do not attempt or purport to impose change of an individual’s sexual orientation or 33 gender identity. 4 of 4 34 (b) A therapy provider shall not advertise for or engage in sexual orientation and gender 35 identity change efforts with a patient less than 18 years of age. 36 (c) Any therapy provider who violates this section shall be such subject to discipline by 37 the appropriate licensing board, which may include suspension or revocation of license. 38 (d) Any therapy provider who violates this section shall be considered to have violated 39 section 2 of chapter 93A. Any such claim brought under this section shall be subject to sections 40 5A and 7 of chapter 260. 41 (e) Any therapy provider who violates this section shall be considered to have violated 42 section 13L of chapter 265.”