Text of MA H 1190 (2018)

1 of 6 HOUSE DOCKET, NO. 1606 FILED ON: 1/19/2017 HOUSE . . . . . . . . . . . . . . . No. 1190 The Commonwealth of Massachusetts _________________ PRESENTED BY: Kay Khan _________________ 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 relative to abusive practices to change sexual orientation and gender identity in minors. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Kay Khan 11th Middlesex Mark C. Montigny Second Bristol and Plymouth Sarah K. Peake 4th Barnstable Byron Rushing 9th Suffolk Louis L. Kafka 8th Norfolk Cory Atkins 14th Middlesex Jennifer E. Benson 37th Middlesex Antonio F. D. Cabral 13th Bristol Edward F. Coppinger 10th Suffolk William C. Galvin 6th Norfolk Kate Hogan 3rd Middlesex Kevin G. Honan 17th Suffolk Jay R. Kaufman 15th Middlesex Peter V. Kocot 1st Hampshire David Paul Linsky 5th Middlesex Elizabeth A. Malia 11th Suffolk Paul McMurtry 11th Norfolk Aaron Michlewitz 3rd Suffolk 2 of 6 James J. O'Day 14th Worcester Alice Hanlon Peisch 14th Norfolk Jeffrey Sánchez 15th Suffolk Paul A. Schmid, III 8th Bristol John W. Scibak 2nd Hampshire Michael J. Barrett Third Middlesex Sonia Chang-Diaz Second Suffolk Julian Cyr Cape and Islands James B. Eldridge Middlesex and Worcester Linda Dorcena Forry First Suffolk Eric P. Lesser First Hampden and Hampshire Jason M. Lewis Fifth Middlesex Barbara A. L'Italien Second Essex and Middlesex Joan B. Lovely Second Essex Brian M. Ashe 2nd Hampden Ruth B. Balser 12th Middlesex Christine P. Barber 34th Middlesex Paul Brodeur 32nd Middlesex James M. Cantwell 4th Plymouth Evandro C. Carvalho 5th Suffolk Tackey Chan 2nd Norfolk Mike Connolly 26th Middlesex Claire D. Cronin 11th Plymouth Daniel Cullinane 12th Suffolk Josh S. Cutler 6th Plymouth Michael S. Day 31st Middlesex Marjorie C. Decker 25th Middlesex Daniel M. Donahue 16th Worcester Michelle M. DuBois 10th Plymouth Carolyn C. Dykema 8th Middlesex Lori A. Ehrlich 8th Essex Tricia Farley-Bouvier 3rd Berkshire Dylan Fernandes Barnstable, Dukes and Nantucket Carole A. Fiola 6th Bristol Sean Garballey 23rd Middlesex Carmine L. Gentile 13th Middlesex Solomon Goldstein-Rose 3rd Hampshire Kenneth I. Gordon 21st Middlesex Danielle W. Gregoire 4th Middlesex 3 of 6 Sheila C. Harrington 1st Middlesex Jonathan Hecht 29th Middlesex Paul R. Heroux 2nd Bristol Natalie Higgins 4th Worcester Mary S. Keefe 15th Worcester Stephen Kulik 1st Franklin Jack Lewis 7th Middlesex Jay D. Livingstone 8th Suffolk Adrian Madaro 1st Suffolk Juana Matias 16th Essex Joan Meschino 3rd Plymouth William Smitty Pignatelli 4th Berkshire Denise Provost 27th Middlesex David M. Rogers 24th Middlesex Jeffrey N. Roy 10th Norfolk Daniel J. Ryan 2nd Suffolk Alan Silvia 7th Bristol Thomas M. Stanley 9th Middlesex Jose F. Tosado 9th Hampden Paul Tucker 7th Essex Steven Ultrino 33rd Middlesex Aaron Vega 5th Hampden David T. Vieira 3rd Barnstable Chris Walsh 6th Middlesex Susannah M. Whipps 2nd Franklin 4 of 6 HOUSE DOCKET, NO. 1606 FILED ON: 1/19/2017 HOUSE . . . . . . . . . . . . . . . No. 1190 By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 1190) of Kay Khan and others for legislation to prohibit state licensed mental health professionals from subjecting minors to conversion therapy practices to change sexual orientation and/or gender identity. Public Health. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninetieth General Court (2017-2018) _______________ An Act relative to abusive practices to change sexual orientation and gender identity in minors. 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, as appearing in the 2014 Official 2 addition, is hereby amended by adding following new section:- 3 Section 266. (a) Definitions. 4 For the purposes of this section, “licensed professional” means any licensed medical, 5 mental health, or human service professional licensed under Chapter 112, including any 6 psychologist, psychiatrist, social worker, psychiatric nurse, allied mental health and human 7 services professional, licensed marriage and family therapist, licensed rehabilitation counselor, 8 licensed mental health counselor, licensed educational psychologist, or any of their respective 9 interns or trainees, or any other person designated or licensed as a mental health or human 10 service professional under Massachusetts law or regulation. 5 of 6 11 The term “sexual orientation” shall mean having an orientation for or being identified as 12 having an orientation for heterosexuality, bisexuality, or homosexuality. 13 The term "Gender identity'' shall mean a person's gender-related identity, appearance or 14 behavior, whether or not that gender-related identity, appearance or behavior is different from 15 that traditionally associated with the person's physiology or assigned sex at birth. Gender-related 16 identity may be shown by providing evidence including, but not limited to, medical history, care 17 or treatment of the gender-related identity, consistent and uniform assertion of the gender-related 18 identity or any other evidence that the gender-related identity is sincerely held as part of a 19 person's core identity; provided, however, that gender-related identity shall not be asserted for 20 any improper purpose. 21 “Sexual orientation and gender identity change efforts” means any practice by a licensed 22 professional that attempts or purports to impose change of an individual’s sexual orientation or 23 gender identity, including but not limited to efforts to change behaviors or gender expressions, or 24 to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same 25 sex. The term “sexual orientation and gender identity change efforts” does not include practices: 26 (A)(1) to provide acceptance, support, and understanding of an individual’s sexual 27 orientation, gender identity, or gender expression; (2) facilitate an individual’s coping, social 28 support, and identity exploration and development; or (3) that are sexual orientation-neutral or 29 gender identity-neutral including interventions to prevent or address unlawful conduct or unsafe 30 sexual practices; and 31 (B) Do not attempt or purport to impose change of an individual’s sexual orientation or 32 gender identity. 6 of 6 33 (b) Under no circumstances shall a licensed professional advertise for or engage in sexual 34 orientation and gender identity change efforts with a patient less than 18 years of age. Any 35 licensed professional violating this prohibition shall be such subject to discipline by the 36 appropriate licensing board, which may include suspension or revocation of license. 37 (c) Whoever violates this section shall be considered to have violated section 2 of chapter 38 93A. Any such claim brought under this section shall be subject to sections 5A and 7 of chapter 39 260. 40 SECTION 2. (a) Subsection (a) of Section 51A of chapter 119 of the General Laws, as 41 appearing in the 2010 Official addition, is hereby amended by inserting after the words “chapter 42 233” the following words:- 43 or (vi) being subjected to sexual orientation and gender identity change efforts as defined 44 by section 169 of chapter 112 45 (b) Section 51A of chapter 119 is further amended in subsection (i) after the word 46 “family.” by adding the following words:- 47 Any report including licensed professionals engaging in sexual orientation and gender 48 identity change efforts as defined under section 169 of chapter 112 shall be filed within 30 days 49 to the appropriate licensing board for review and possible suspension or revocation of license.