Text of MA H 97 (2016)

1 of 5 HOUSE DOCKET, NO. 3202 FILED ON: 1/16/2015 HOUSE . . . . . . . . . . . . . . . No. 97 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 Ellen Story 3rd Hampshire Byron Rushing 9th Suffolk Sarah K. Peake 4th Barnstable Kenneth I. Gordon 21st Middlesex Alice Hanlon Peisch 14th Norfolk Ruth B. Balser 12th Middlesex Christine P. Barber 34th Middlesex Marjorie C. Decker 25th Middlesex Michelle M. DuBois 10th Plymouth Carolyn C. Dykema 8th Middlesex Lori A. Ehrlich 8th Essex James B. Eldridge Middlesex and Worcester Tricia Farley-Bouvier 3rd Berkshire Sean Garballey 23rd Middlesex Denise C. Garlick 13th Norfolk Carmine L. Gentile 13th Middlesex Danielle W. Gregoire 4th Middlesex 2 of 5 Jonathan Hecht 29th Middlesex Paul R. Heroux 2nd Bristol Patricia D. Jehlen Second Middlesex Mary S. Keefe 15th Worcester Eric P. Lesser First Hampden and Hampshire Jason M. Lewis Fifth Middlesex Jay D. Livingstone 8th Suffolk Timothy R. Madden Barnstable, Dukes and Nantucket Elizabeth A. Malia 11th Suffolk Brian R. Mannal 2nd Barnstable Aaron Michlewitz 3rd Suffolk William Smitty Pignatelli 4th Berkshire Denise Provost 27th Middlesex David M. Rogers 24th Middlesex Tom Sannicandro 7th Middlesex John W. Scibak 2nd Hampshire Steven Ultrino 33rd Middlesex Chris Walsh 6th Middlesex 3 of 5 HOUSE DOCKET, NO. 3202 FILED ON: 1/16/2015 HOUSE . . . . . . . . . . . . . . . No. 97 By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 97) of Kay Khan 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. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 3907 OF 2013-2014.] The Commonwealth of Massachusetts _______________ In the One Hundred and Eighty-Ninth General Court (2015-2016) _______________ 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 2012 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 4 of 5 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 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 seeks or purports to impose change of an individual’s sexual orientation or 23 gender identity. Such term-- 24 (1) Includes practices 25 (A) to change an individual’s sexual orientation or gender identity. 26 (2) Does not include practices 27 (A) to provide acceptance, support, and understanding of an individual’s sexual 28 orientation, gender identity, or gender expression and the facilitation of an individual’s coping, 5 of 5 29 social support, and identity exploration and development, including interventions to prevent or 30 address unlawful conduct or unsafe sexual practices. 31 (b) Under no circumstances shall a licensed professional advertise for or engage in sexual 32 orientation and gender identity change efforts with a patient less than 18 years of age. Any 33 licensed professional violating this prohibition shall be such subject to discipline by the board, 34 which may include suspension or revocation of license. 35 (c) Whoever violates this section shall be considered to have violated section 2 of chapter 36 93A. 37 SECTION 2. (a) Subsection (a) of Section 51A of chapter 119 of the General Laws, as 38 appearing in the 2010 Official addition, is hereby amended by inserting after the words “chapter 39 233” the following words:- 40 or (vi) being subjected to sexual orientation and gender identity change efforts as defined 41 by section 169 of chapter 112 42 (b) Section 51A of chapter 119 is further amended in subsection (i) after the word 43 “family.” by adding the following words:- 44 Any report including licensed professionals engaging in sexual orientation and gender 45 identity change efforts as defined under section 169 of chapter 112 shall be filed within 30 days 46 to the appropriate licensing board for review and possible suspension or revocation of license.