Text of MA S 62 (2018)

1 of 5 SENATE DOCKET, NO. 1213 FILED ON: 1/19/2017 SENATE . . . . . . . . . . . . . . No. 62 The Commonwealth of Massachusetts _________________ PRESENTED BY: Mark C. Montigny _________________ 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: Mark C. Montigny Second Bristol and Plymouth Jack Lewis 7th Middlesex 1/23/2017 Kay Khan 11th Middlesex 2/3/2017 Lori A. Ehrlich 8th Essex 1/24/2017 Joan B. Lovely Second Essex 1/25/2017 Linda Dorcena Forry First Suffolk 1/26/2017 Patricia D. Jehlen Second Middlesex 1/27/2017 Marjorie C. Decker 25th Middlesex 1/29/2017 Sonia Chang-Diaz Second Suffolk 1/30/2017 Jason M. Lewis Fifth Middlesex 1/31/2017 Barbara A. L'Italien Second Essex and Middlesex 1/31/2017 Denise Provost 27th Middlesex 2/1/2017 Julian Cyr Cape and Islands 2/1/2017 Sal N. DiDomenico Middlesex and Suffolk 2/2/2017 Paul R. Heroux 2nd Bristol 2/2/2017 Juana Matias 16th Essex 2/2/2017 Mike Connolly 26th Middlesex 2/2/2017 Eric P. Lesser First Hampden and Hampshire 2/3/2017 2 of 5 Michael O. Moore Second Worcester 2/3/2017 James B. Eldridge Middlesex and Worcester 2/3/2017 Jose F. Tosado 9th Hampden 2/3/2017 Carmine L. Gentile 13th Middlesex 2/3/2017 Alice Hanlon Peisch 14th Norfolk 2/3/2017 Thomas M. Stanley 9th Middlesex 2/3/2017 William N. Brownsberger Second Suffolk and Middlesex 2/21/2017 3 of 5 SENATE DOCKET, NO. 1213 FILED ON: 1/19/2017 SENATE . . . . . . . . . . . . . . No. 62 By Mr. Montigny, a petition (accompanied by bill, Senate, No. 62) of Mark C. Montigny, Jack Lewis, Kay Khan, Lori A. Ehrlich and other members of the General Court for legislation 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 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 the 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. 4 of 5 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. 5 of 5 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.