HOUSE DOCKET, NO. 1606 FILED ON: 1/19/2017
HOUSE . . . . . . . . . . . . . . . No. 1190
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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 | 1/19/2017 |
Mark C. Montigny | Second Bristol and Plymouth | 1/23/2017 |
Sarah K. Peake | 4th Barnstable | 1/24/2017 |
Byron Rushing | 9th Suffolk | 1/27/2017 |
Louis L. Kafka | 8th Norfolk | 2/1/2017 |
Cory Atkins | 14th Middlesex | 2/3/2017 |
Jennifer E. Benson | 37th Middlesex | 1/23/2017 |
Antonio F. D. Cabral | 13th Bristol | 1/31/2017 |
Edward F. Coppinger | 10th Suffolk | 2/2/2017 |
William C. Galvin | 6th Norfolk | 1/25/2017 |
Kate Hogan | 3rd Middlesex | 2/1/2017 |
Kevin G. Honan | 17th Suffolk | 2/3/2017 |
Jay R. Kaufman | 15th Middlesex | 2/2/2017 |
Peter V. Kocot | 1st Hampshire | 2/3/2017 |
David Paul Linsky | 5th Middlesex | 1/30/2017 |
Elizabeth A. Malia | 11th Suffolk | 2/1/2017 |
Paul McMurtry | 11th Norfolk | 2/2/2017 |
Aaron Michlewitz | 3rd Suffolk | 1/26/2017 |
James J. O'Day | 14th Worcester | 1/31/2017 |
Alice Hanlon Peisch | 14th Norfolk | 2/3/2017 |
Jeffrey Sánchez | 15th Suffolk | 2/3/2017 |
Paul A. Schmid, III | 8th Bristol | 2/2/2017 |
John W. Scibak | 2nd Hampshire | 1/26/2017 |
Michael J. Barrett | Third Middlesex | 1/26/2017 |
Sonia Chang-Diaz | Second Suffolk | 1/30/2017 |
Julian Cyr | Cape and Islands | 2/3/2017 |
James B. Eldridge | Middlesex and Worcester | 2/1/2017 |
Linda Dorcena Forry | First Suffolk | 1/27/2017 |
Eric P. Lesser | First Hampden and Hampshire | 2/3/2017 |
Jason M. Lewis | Fifth Middlesex | 1/25/2017 |
Barbara A. L'Italien | Second Essex and Middlesex | 2/1/2017 |
Joan B. Lovely | Second Essex | 1/25/2017 |
Brian M. Ashe | 2nd Hampden | 1/19/2017 |
Ruth B. Balser | 12th Middlesex | 1/19/2017 |
Christine P. Barber | 34th Middlesex | 1/19/2017 |
Paul Brodeur | 32nd Middlesex | 2/1/2017 |
James M. Cantwell | 4th Plymouth | 1/26/2017 |
Evandro C. Carvalho | 5th Suffolk | 2/3/2017 |
Tackey Chan | 2nd Norfolk | 1/19/2017 |
Mike Connolly | 26th Middlesex | 1/19/2017 |
Claire D. Cronin | 11th Plymouth | 1/31/2017 |
Daniel Cullinane | 12th Suffolk | 2/2/2017 |
Josh S. Cutler | 6th Plymouth | 1/24/2017 |
Michael S. Day | 31st Middlesex | 2/1/2017 |
Marjorie C. Decker | 25th Middlesex | 2/2/2017 |
Daniel M. Donahue | 16th Worcester | 1/19/2017 |
Michelle M. DuBois | 10th Plymouth | 1/19/2017 |
Carolyn C. Dykema | 8th Middlesex | 1/19/2017 |
Lori A. Ehrlich | 8th Essex | 1/19/2017 |
Tricia Farley-Bouvier | 3rd Berkshire | 2/2/2017 |
Dylan Fernandes | Barnstable, Dukes and Nantucket | 1/19/2017 |
Carole A. Fiola | 6th Bristol | 2/2/2017 |
Sean Garballey | 23rd Middlesex | 1/23/2017 |
Carmine L. Gentile | 13th Middlesex | 1/19/2017 |
Solomon Goldstein-Rose | 3rd Hampshire | 1/19/2017 |
Kenneth I. Gordon | 21st Middlesex | 1/24/2017 |
Danielle W. Gregoire | 4th Middlesex | 1/26/2017 |
Sheila C. Harrington | 1st Middlesex | 2/3/2017 |
Jonathan Hecht | 29th Middlesex | 1/27/2017 |
Paul R. Heroux | 2nd Bristol | 1/30/2017 |
Natalie Higgins | 4th Worcester | 1/22/2017 |
Mary S. Keefe | 15th Worcester | 2/2/2017 |
Stephen Kulik | 1st Franklin | 1/19/2017 |
Jack Lewis | 7th Middlesex | 1/19/2017 |
Jay D. Livingstone | 8th Suffolk | 1/19/2017 |
Adrian Madaro | 1st Suffolk | 1/27/2017 |
Juana B. Matias | 16th Essex | 2/2/2017 |
Joan Meschino | 3rd Plymouth | 1/19/2017 |
Smitty Pignatelli | 4th Berkshire | 2/1/2017 |
Denise Provost | 27th Middlesex | 1/20/2017 |
David M. Rogers | 24th Middlesex | 1/24/2017 |
Jeffrey N. Roy | 10th Norfolk | 2/2/2017 |
Daniel J. Ryan | 2nd Suffolk | 1/19/2017 |
Alan Silvia | 7th Bristol | 1/20/2017 |
Thomas M. Stanley | 9th Middlesex | 2/3/2017 |
José F. Tosado | 9th Hampden | 2/3/2017 |
Paul Tucker | 7th Essex | 2/1/2017 |
Steven Ultrino | 33rd Middlesex | 1/30/2017 |
Aaron Vega | 5th Hampden | 1/26/2017 |
David T. Vieira | 3rd Barnstable | 2/3/2017 |
Chris Walsh | 6th Middlesex | 1/27/2017 |
Susannah M. Whipps | 2nd Franklin | 2/2/2017 |
HOUSE DOCKET, NO. 1606 FILED ON: 1/19/2017
HOUSE . . . . . . . . . . . . . . . No. 1190
|
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:
SECTION 1. Chapter 112 of the General Laws, as appearing in the 2014 Official addition, is hereby amended by adding following new section:-
Section 266. (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 attempts or purports to impose change of an individual’s sexual orientation or gender identity, including but not limited to efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. The term “sexual orientation and gender identity change efforts” does not include practices:
(A)(1) to provide acceptance, support, and understanding of an individual’s sexual orientation, gender identity, or gender expression; (2) facilitate an individual’s coping, social support, and identity exploration and development; or (3) that are sexual orientation-neutral or gender identity-neutral including interventions to prevent or address unlawful conduct or unsafe sexual practices; and
(B) Do not attempt or purport to impose change of an individual’s sexual orientation or gender identity.
(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 appropriate licensing 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. Any such claim brought under this section shall be subject to sections 5A and 7 of chapter 260.
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.