Text of MA H 140 (2019)

1 of 7 HOUSE DOCKET, NO. 2848 FILED ON: 1/17/2019 HOUSE . . . . . . . . . . . . . . . No. 140 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 Patricia A. Haddad 5th Bristol Paul J. Donato 35th Middlesex Ann-Margaret Ferrante 5th Essex Sarah K. Peake 4th Barnstable Louis L. Kafka 8th Norfolk James Arciero 2nd Middlesex Brian M. Ashe 2nd Hampden Ruth B. Balser 12th Middlesex Christine P. Barber 34th Middlesex John Barrett, III 1st Berkshire Michael J. Barrett Third Middlesex Jennifer E. Benson 37th Middlesex David Biele 4th Suffolk Natalie M. Blais 1st Franklin Paul Brodeur 32nd Middlesex William N. Brownsberger Second Suffolk and Middlesex Antonio F. D. Cabral 13th Bristol 2 of 7 Daniel Cahill 10th Essex Peter Capano 11th Essex Daniel R. Carey 2nd Hampshire Gerard J. Cassidy 9th Plymouth Tackey Chan 2nd Norfolk Harriette L. Chandler First Worcester Sonia Chang-Diaz Second Suffolk Michelle L. Ciccolo 15th Middlesex Joanne M. Comerford Hampshire, Franklin and Worcester Mike Connolly 26th Middlesex Cynthia Stone Creem First Middlesex and Norfolk Daniel R. Cullinane 12th Suffolk Mark J. Cusack 5th Norfolk Josh S. Cutler 6th Plymouth Julian Cyr Cape and Islands Michael S. Day 31st Middlesex Marjorie C. Decker 25th Middlesex Sal N. DiDomenico Middlesex and Suffolk Diana DiZoglio First Essex Mindy Domb 3rd Hampshire Daniel M. Donahue 16th Worcester William J. Driscoll, Jr. 7th Norfolk Michelle M. DuBois 10th Plymouth Carolyn C. Dykema 8th Middlesex Lori A. Ehrlich 8th Essex James B. Eldridge Middlesex and Worcester Nika C. Elugardo 15th Suffolk Tricia Farley-Bouvier 3rd Berkshire Paul R. Feeney Bristol and Norfolk Dylan A. Fernandes Barnstable, Dukes and Nantucket Barry R. Finegold Second Essex and Middlesex Carole A. Fiola 6th Bristol Cindy F. Friedman Fourth Middlesex William C. Galvin 6th Norfolk Sean Garballey 23rd Middlesex Denise C. Garlick 13th Norfolk Carmine Lawrence Gentile 13th Middlesex Thomas A. Golden, Jr. 16th Middlesex Carlos Gonzalez 10th Hampden 3 of 7 Kenneth I. Gordon 21st Middlesex Tami L. Gouveia 14th Middlesex Danielle W. Gregoire 4th Middlesex Richard M. Haggerty 30th Middlesex James K. Hawkins 2nd Bristol Stephan Hay 3rd Worcester Jonathan Hecht 29th Middlesex Natalie M. Higgins 4th Worcester Kate Hogan 3rd Middlesex Kevin G. Honan 17th Suffolk Daniel J. Hunt 13th Suffolk Patricia D. Jehlen Second Middlesex Patrick Joseph Kearney 4th Plymouth Mary S. Keefe 15th Worcester Kathleen R. LaNatra 12th Plymouth David Henry Argosky LeBoeuf 17th Worcester Eric P. Lesser First Hampden and Hampshire Jack Patrick Lewis 7th Middlesex Jason M. Lewis Fifth Middlesex David Paul Linsky 5th Middlesex Jay D. Livingstone 8th Suffolk Joan B. Lovely Second Essex Adrian C. Madaro 1st Suffolk John J. Mahoney 13th Worcester Elizabeth A. Malia 11th Suffolk Paul W. Mark 2nd Berkshire Paul McMurtry 11th Norfolk Joan Meschino 3rd Plymouth Aaron Michlewitz 3rd Suffolk Christina A. Minicucci 14th Essex Liz Miranda 5th Suffolk Mark C. Montigny Second Bristol and Plymouth Michael O. Moore Second Worcester Tram T. Nguyen 18th Essex James J. O'Day 14th Worcester Marc R. Pacheco First Plymouth and Bristol Alice Hanlon Peisch 14th Norfolk Smitty Pignatelli 4th Berkshire Denise Provost 27th Middlesex 4 of 7 Rebecca L. Rausch Norfolk, Bristol and Middlesex David Allen Robertson 19th Middlesex Maria Duaime Robinson 6th Middlesex David M. Rogers 24th Middlesex Jeffrey N. Roy 10th Norfolk Daniel J. Ryan 2nd Suffolk Lindsay N. Sabadosa 1st Hampshire Jon Santiago 9th Suffolk Paul A. Schmid, III 8th Bristol Thomas M. Stanley 9th Middlesex José F. Tosado 9th Hampden Paul F. Tucker 7th Essex Steven Ultrino 33rd Middlesex Andres X. Vargas 3rd Essex Aaron Vega 5th Hampden David T. Vieira 3rd Barnstable Tommy Vitolo 15th Norfolk Thomas P. Walsh 12th Essex James T. Welch Hampden Timothy R. Whelan 1st Barnstable Susannah M. Whipps 2nd Franklin 5 of 7 HOUSE DOCKET, NO. 2848 FILED ON: 1/17/2019 HOUSE . . . . . . . . . . . . . . . No. 140 By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 140) of Kay Khan and others relative to abusive practices to change sexual orientation and gender identity in minors. Children, Families and Persons with Disabilities. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-First General Court (2019-2020) _______________ 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 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. 6 of 7 12 “Health care provider”, 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. 16 “Sexual orientation”, having an orientation for or being identified as having an 17 orientation for heterosexuality, bisexuality, or homosexuality. 18 “Sexual orientation and gender identity change efforts”, any practice by a health care 19 provider that attempts or purports to impose change of an individual’s sexual orientation or 20 gender identity, including but not limited to efforts to change behaviors or gender expressions, or 21 to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same 22 sex. “Sexual orientation and gender identity change efforts” shall not include practices that: 23 (1) (i) provide acceptance, support, and understanding of an individual’s sexual 24 orientation, gender identity, or gender expression; (ii) facilitate an individual’s coping, social 25 support, and identity exploration and development; or (iii) are sexual orientation-neutral or 26 gender identity-neutral including interventions to prevent or address unlawful conduct or unsafe 27 sexual practices; and 28 (2) do not attempt or purport to impose change of an individual’s sexual orientation or 29 gender identity. 30 (b) A health care provider shall not advertise for or engage in sexual orientation and 31 gender identity change efforts with a patient less than 18 years of age. 7 of 7 32 (c) Any health care provider who violates this section shall be such subject to discipline 33 by the appropriate licensing board, which may include suspension or revocation of license. 34 (d) Any health care provider who violates this section shall be considered to have 35 violated section 2 of chapter 93A. Any such claim brought under this section shall be subject to 36 sections 5A and 7 of chapter 260.