Text of MA H 154 (2014)

HOUSE DOCKET, NO. 2607 FILED ON: 1/18/2013 HOUSE . . . . . . . . . . . . . . . No. 154 The Commonwealth of Massachusetts _________________ PRESENTED BY: Carl M. Sciortino, Jr. _______________ 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 passage of the accompanying bill: An Act relative to abusive practices to change sexual orientation and gender identity in minors . _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Carl M. Sciortino, Jr. 34th Middlesex Denise Andrews 2nd Franklin Cory Atkins 14th Middlesex Thomas P. Conroy 13th Middlesex Patricia D. Jehlen Second Middlesex Kay Khan 11th Middlesex Jason M. Lewis 31st Middlesex Elizabeth A. Malia 11th Suffolk Sarah K. Peake 4th Barnstable Denise Provost 27th Middlesex Tom Sannicandro 7th Middlesex Karen E. Spilka Second Middlesex and Norfolk Benjamin Swan 11th Hampden Martha M. Walz 8th Suffolk HOUSE DOCKET, NO. 2607 FILED ON: 1/18/2013 HOUSE . . . . . . . . . . . . . . . No. 154 By Mr. Sciortino of Medford, a petition (accompanied by bill, House, No. 154) of Carl M. Sciortino, Jr. and others relative to the protection of the mental and physical health of minors from sexual orientation and/or gender identity change efforts. Children, Families and Persons with Disabilities. The Commonwealth of Massachusetts _______________ In the Year Two Thousand Thirteen _______________ 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 2010 Official 2 addition, is hereby amended by adding following new section:- 3 Section 264. (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. 11 “Sexual orientation and gender identity change efforts” means any practice by a licensed 12 professional that seeks or purports to impose change of an individual’s sexual orientation or 13 gender identity. Such term-- 14 (1) Includes practices which 15 (A) to change behavioral expression of an individual’s sexual orientation or gender 16 identity, or 17 (B) to eliminate or reduce sexual or romantic attractions or feelings toward individuals of 18 the same sex. 19 (2) Does not include practices which 20 (A) provide acceptance, support, and understanding of an individual’s sexual orientation, 21 gender identity, or gender expression and the facilitation of an individual’s coping, social 22 support, and identity exploration and development, including interventions to prevent or address 23 unlawful conduct or unsafe sexual practices, or 24 (B) provide acceptance, support, or understanding of an individual’s gender expression or 25 the facilitation of an individual’s coping, social support, and identity exploration and 26 development. 27 (b) Under no circumstances shall a licensed professional advertise for or engage in sexual 28 orientation and gender identity change efforts with a patient less than 18 years of age. Any 29 licensed professional violating this prohibition shall be such subject to discipline by the board, 30 which may include suspension or revocation of license. 31 (c) Whoever violates this section shall be considered to have violated section 2 of chapter 32 93A. 33 SECTION 2. (a) Subsection (a) of Section 51A of chapter 119 of the General Laws, as 34 appearing in the 2010 Official addition, is hereby amended by inserting after the words “chapter 35 233” the following words:- 36 or (vi) being subjected to sexual orientation and gender identity change efforts as defined 37 by section 169 of chapter 112 38 (b) Section 51A of chapter 119 is further amended in subsection (i) after the word 39 “family.” by adding the following words:- 40 Any report including licensed professionals engaging in sexual orientation and gender 41 identity change efforts as defined under section 169 of chapter 112 shall be filed within 30 days 42 to the appropriate licensing board for review and possible suspension or revocation of license.