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:

Date Added:

Kay Khan

11th Middlesex

1/16/2015

Ellen Story

3rd Hampshire

1/28/2015

Byron Rushing

9th Suffolk

2/3/2015

Sarah K. Peake

4th Barnstable

1/23/2015

Kenneth I. Gordon

21st Middlesex

1/22/2015

Alice Hanlon Peisch

14th Norfolk

2/4/2015

Ruth B. Balser

12th Middlesex

1/26/2015

Christine P. Barber

34th Middlesex

2/1/2015

Marjorie C. Decker

25th Middlesex

1/26/2015

Michelle M. DuBois

10th Plymouth

1/30/2015

Carolyn C. Dykema

8th Middlesex

1/27/2015

Lori A. Ehrlich

8th Essex

1/24/2015

James B. Eldridge

Middlesex and Worcester

1/27/2015

Tricia Farley-Bouvier

3rd Berkshire

1/26/2015

Sean Garballey

23rd Middlesex

1/25/2015

Denise C. Garlick

13th Norfolk

2/1/2015

Carmine L. Gentile

13th Middlesex

1/28/2015

Danielle W. Gregoire

4th Middlesex

1/29/2015

Jonathan Hecht

29th Middlesex

1/26/2015

Paul R. Heroux

2nd Bristol

2/1/2015

Patricia D. Jehlen

Second Middlesex

1/29/2015

Mary S. Keefe

15th Worcester

1/26/2015

Eric P. Lesser

First Hampden and Hampshire

1/29/2015

Jason M. Lewis

Fifth Middlesex

1/27/2015

Jay D. Livingstone

8th Suffolk

1/26/2015

Timothy R. Madden

Barnstable, Dukes and Nantucket

1/26/2015

Elizabeth A. Malia

11th Suffolk

1/30/2015

Brian R. Mannal

2nd Barnstable

2/4/2015

Aaron Michlewitz

3rd Suffolk

1/29/2015

William Smitty Pignatelli

4th Berkshire

2/4/2015

Denise Provost

27th Middlesex

1/29/2015

David M. Rogers

24th Middlesex

1/26/2015

Tom Sannicandro

7th Middlesex

1/30/2015

John W. Scibak

2nd Hampshire

1/29/2015

Steven Ultrino

33rd Middlesex

1/30/2015

Chris Walsh

6th Middlesex

1/28/2015


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:
 

SECTION 1. Chapter 112 of the General Laws, as appearing in the 2012 Official addition, is hereby amended by adding following new section:-

Section 264. (a) Definitions.

For the purposes of this section, “licensed professional” means any licensed medical, mental health, or human service professional licensed under Chapter 112, including any psychologist, psychiatrist, social worker, psychiatric nurse, allied mental health and human services professional, licensed marriage and family therapist, licensed rehabilitation counselor, licensed mental health counselor, licensed educational psychologist, or any of their respective interns or trainees, or any other person designated or licensed as a mental health or human service professional under Massachusetts law or regulation.

The term “sexual orientation” shall mean having an orientation for or being identified as having an orientation for heterosexuality, bisexuality, or homosexuality.

The term "Gender identity'' shall mean a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person's core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose.

“Sexual orientation and gender identity change efforts” means any practice by a licensed professional that seeks or purports to impose change of an individual’s sexual orientation or gender identity. Such term--

(1) Includes practices

(A) to change an individual’s sexual orientation or gender identity.

(2) Does not include practices

(A) to provide acceptance, support, and understanding of an individual’s sexual orientation, gender identity, or gender expression and the facilitation of an individual’s coping, social support, and identity exploration and development, including interventions to prevent or address unlawful conduct or unsafe sexual practices.

(b) Under no circumstances shall a licensed professional advertise for or engage in sexual orientation and gender identity change efforts with a patient less than 18 years of age. Any licensed professional violating this prohibition shall be such subject to discipline by the board, which may include suspension or revocation of license.

(c) Whoever violates this section shall be considered to have violated section 2 of chapter 93A.

SECTION 2. (a) Subsection (a) of Section 51A of chapter 119 of the General Laws, as appearing in the 2010 Official addition, is hereby amended by inserting after the words “chapter 233” the following words:-

or (vi) being subjected to sexual orientation and gender identity change efforts as defined by section 169 of chapter 112

(b) Section 51A of chapter 119 is further amended in subsection (i) after the word “family.” by adding the following words:-

Any report including licensed professionals engaging in sexual orientation and gender identity change efforts as defined under section 169 of chapter 112 shall be filed within 30 days to the appropriate licensing board for review and possible suspension or revocation of license.