Full Text of HB5569 98th General Assembly
HB5569ham001 98TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/21/2014
| | 09800HB5569ham001 | | LRB098 18589 ZMM 57112 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5569
| 2 | | AMENDMENT NO. ______. Amend House Bill 5569 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Youth | 5 | | Mental Health Protection Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds and declares the following: | 8 | | (1) Being lesbian, gay, or bisexual is not a disease, | 9 | | disorder, illness, deficiency, or shortcoming. The major | 10 | | professional associations of mental health practitioners | 11 | | and researchers in the United States have recognized this | 12 | | fact for nearly 40 years. | 13 | | (2) The American Psychological Association convened a | 14 | | Task Force on Appropriate Therapeutic Responses to Sexual | 15 | | Orientation. The Task Force conducted a systematic review | 16 | | of peer-reviewed journal literature on sexual orientation |
| | | 09800HB5569ham001 | - 2 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | change efforts and issued a report in 2009. The Task Force | 2 | | concluded that sexual orientation change efforts can pose | 3 | | critical health risks to lesbian, gay, and bisexual people, | 4 | | including confusion, depression, guilt, helplessness, | 5 | | hopelessness, shame, social withdrawal, suicidality, | 6 | | substance abuse, stress, disappointment, self-blame, | 7 | | decreased self-esteem and authenticity to others, | 8 | | increased self-hatred, hostility and blame towards | 9 | | parents, feelings of anger and betrayal, loss of friends | 10 | | and potential romantic partners, problems in sexual and | 11 | | emotional intimacy, sexual dysfunction, high-risk sexual | 12 | | behaviors, a feeling of being dehumanized and untrue to | 13 | | self, a loss of faith, and a sense of having wasted time | 14 | | and resources. | 15 | | (3) The American Psychological Association issued a | 16 | | resolution on Appropriate Affirmative Responses to Sexual | 17 | | Orientation Distress and Change Efforts in 2009 that | 18 | | states: "The [American Psychological Association] advises | 19 | | parents, guardians, young people, and their families to | 20 | | avoid sexual orientation change efforts that portray | 21 | | homosexuality as a mental illness or developmental | 22 | | disorder and to seek psychotherapy, social support, and | 23 | | educational services that provide accurate information on | 24 | | sexual orientation and sexuality, increase family and | 25 | | school support, and reduce rejection of sexual minority | 26 | | youth.". |
| | | 09800HB5569ham001 | - 3 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | (4) The American Psychiatric Association published a | 2 | | position statement in March of 2000 that states: | 3 | | "Psychotherapeutic modalities to convert or 'repair' | 4 | | homosexuality are based on developmental theories whose | 5 | | scientific validity is questionable. Furthermore, | 6 | | anecdotal reports of 'cures' are counterbalanced by | 7 | | anecdotal claims of psychological harm. In the last four | 8 | | decades, 'reparative' therapists have not produced any | 9 | | rigorous scientific research to substantiate their claims | 10 | | of cure. Until there is such research available, (the | 11 | | American Psychiatric Association) recommends that ethical | 12 | | practitioners refrain from attempts to change individuals' | 13 | | sexual orientation, keeping in mind the medical dictum to | 14 | | first, do no harm. The potential risks of reparative | 15 | | therapy are great, including depression, anxiety and | 16 | | self-destructive behavior, since therapist alignment with | 17 | | societal prejudices against homosexuality may reinforce | 18 | | self-hatred already experienced by the patient. Many | 19 | | patients who have undergone reparative therapy relate that | 20 | | they were inaccurately told that homosexuals are lonely, | 21 | | unhappy individuals who never achieve acceptance or | 22 | | satisfaction. The possibility that the person might | 23 | | achieve happiness and satisfying interpersonal | 24 | | relationships as a gay man or lesbian is not presented, nor | 25 | | are alternative approaches to dealing with the effects of | 26 | | societal stigmatization discussed. Therefore, the American |
| | | 09800HB5569ham001 | - 4 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | Psychiatric Association opposes any psychiatric treatment | 2 | | such as reparative or conversion therapy which is based | 3 | | upon the assumption that homosexuality per se is a mental | 4 | | disorder or based upon the a priori assumption that a | 5 | | patient should change his or her sexual homosexual | 6 | | orientation.". | 7 | | (5) The American Academy of Pediatrics published an | 8 | | article in 1993 in its journal, Pediatrics, that states: | 9 | | "Therapy directed at specifically changing sexual | 10 | | orientation is contraindicated, since it can provoke guilt | 11 | | and anxiety while having little or no potential for | 12 | | achieving changes in orientation.". | 13 | | (6) The American Medical Association Council on | 14 | | Scientific Affairs prepared a report in 1994 that states: | 15 | | "Aversion therapy (a behavioral or medical intervention | 16 | | which pairs unwanted behavior, in this case, homosexual | 17 | | behavior, with unpleasant sensations or aversive | 18 | | consequences) is no longer recommended for gay men and | 19 | | lesbians. Through psychotherapy, gay men and lesbians can | 20 | | become comfortable with their sexual orientation and | 21 | | understand the societal response to it.". | 22 | | (7) The National Association of Social Workers | 23 | | prepared a policy statement in 1997 that states: "Social | 24 | | stigmatization of lesbian, gay, and bisexual people is | 25 | | widespread and is a primary motivating factor in leading | 26 | | some people to seek sexual orientation changes. Sexual |
| | | 09800HB5569ham001 | - 5 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | orientation conversion therapies assume that homosexual | 2 | | orientation is both pathological and freely chosen. No data | 3 | | demonstrates that reparative or conversion therapies are | 4 | | effective, and, in fact, they may be harmful.". | 5 | | (8) The American Counseling Association Governing | 6 | | Council issued a position statement in April, 1999 that | 7 | | states: "We oppose the promotion of "reparative therapy" as | 8 | | a "cure" for individuals who are homosexual.". | 9 | | (9) The American Psychoanalytic Association issued a | 10 | | position statement in June, 2012 on attempts to change | 11 | | sexual orientation, gender, identity, or gender expression | 12 | | that states: "As with any societal prejudice, bias against | 13 | | individuals based on actual or perceived sexual | 14 | | orientation, gender identity or gender expression | 15 | | negatively affects mental health, contributing to an | 16 | | enduring sense of stigma and pervasive self-criticism | 17 | | through the internalization of such prejudice. | 18 | | Psychoanalytic technique does not encompass purposeful | 19 | | attempts to 'convert,' 'repair,' change or shift an | 20 | | individual's sexual orientation, gender identity or gender | 21 | | expression. Such directed efforts are against fundamental | 22 | | principles of psychoanalytic treatment and often result in | 23 | | substantial psychological pain by reinforcing damaging | 24 | | internalized attitudes.". | 25 | | (10) The American Academy of Child and Adolescent | 26 | | Psychiatry published an article in 2012 in its journal, |
| | | 09800HB5569ham001 | - 6 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | Journal of the American Academy of Child and Adolescent | 2 | | Psychiatry, that states: "Clinicians should be aware that | 3 | | there is no evidence that sexual orientation can be altered | 4 | | through therapy, and that attempts to do so may be harmful. | 5 | | There is no empirical evidence adult homosexuality can be | 6 | | prevented if gender nonconforming children are influenced | 7 | | to be more gender conforming. Indeed, there is no medically | 8 | | valid basis for attempting to prevent homosexuality, which | 9 | | is not an illness. On the contrary, such efforts may | 10 | | encourage family rejection and undermine self-esteem, | 11 | | connectedness and caring, important protective factors | 12 | | against suicidal ideation and attempts. Given that there is | 13 | | no evidence that efforts to alter sexual orientation are | 14 | | effective, beneficial or necessary, and the possibility | 15 | | that they carry the risk of significant harm, such | 16 | | interventions are contraindicated.". | 17 | | (11) The Pan American Health Organization, a regional | 18 | | office of the World Health Organization, issued a statement | 19 | | in May, 2012 that states: "These supposed conversion | 20 | | therapies constitute a violation of the ethical principles | 21 | | of health care and violate human rights that are protected | 22 | | by international and regional agreements.". The | 23 | | organization also noted that reparative therapies "lack | 24 | | medical justification and represent a serious threat to the | 25 | | health and well-being of affected people.". | 26 | | (12) Minors who experience family rejection based on |
| | | 09800HB5569ham001 | - 7 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | their sexual orientation face especially serious health | 2 | | risks. In one study, lesbian, gay, and bisexual young | 3 | | adults who reported higher levels of family rejection | 4 | | during adolescence were 8.4 times more likely to report | 5 | | having attempted suicide, 5.9 times more likely to report | 6 | | high levels of depression, 3.4 times more likely to use | 7 | | illegal drugs, and 3.4 times more likely to report having | 8 | | engaged in unprotected sexual intercourse compared with | 9 | | peers from families that reported no or low levels of | 10 | | family rejection. This is documented by Caitlin Ryan et al. | 11 | | in their article entitled Family Rejection as a Predictor | 12 | | of Negative Health Outcomes in White and Latino Lesbian, | 13 | | Gay, and Bisexual Young Adults (2009), 123 Pediatrics 346. | 14 | | (13) Illinois has a compelling interest in protecting | 15 | | the physical and psychological well-being of minors, | 16 | | including lesbian, gay, bisexual, and transgender youth | 17 | | and in protecting its minors against exposure to serious | 18 | | harms caused by sexual orientation change efforts. | 19 | | Section 10. Purpose. The purpose of this Act is to protect | 20 | | lesbian, gay, bisexual, and transgender youth from sexual | 21 | | orientation change efforts, also known as conversion therapy. | 22 | | Section 15. Definitions. For the purposes of this Act:
| 23 | | "Mental health provider" means a clinical psychologist | 24 | | licensed under the Clinical Psychology Licensing Act; a school |
| | | 09800HB5569ham001 | - 8 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | psychologist as defined in the School Code; a psychiatrist as | 2 | | defined in Section 1-121 of the Mental Health and Developmental | 3 | | Disabilities Code; a clinical social worker or social worker | 4 | | licensed under the Clinical Social Work and Social Work | 5 | | Practice Act; a marriage and family therapist or associate | 6 | | marriage and family therapist licensed under the Marriage and | 7 | | Family Therapy Licensing Act; a professional counselor or | 8 | | clinical professional counselor licensed under the | 9 | | Professional Counselor and Clinical Professional Counselor | 10 | | Licensing and Practice Act; or any students, interns, | 11 | | volunteers, or other persons assisting or acting under the | 12 | | direction or guidance of any of these licensed professionals. | 13 | | "Sexual orientation change efforts" or "conversion | 14 | | therapy" means any practices or treatments that seek to change | 15 | | an individual's sexual orientation, as defined by subsection | 16 | | (o-1) of Section 1-103 of the Illinois Human Rights Act, | 17 | | including efforts to change behaviors or gender expressions or | 18 | | to eliminate or reduce sexual or romantic attractions or | 19 | | feelings towards individuals of the same sex. "Sexual | 20 | | orientation change efforts" or "conversion therapy" does not | 21 | | include counseling or mental health services that provide | 22 | | acceptance, support, and understanding of a person without | 23 | | seeking to change sexual orientation or mental health services | 24 | | that facilitate a person's coping, social support, and gender | 25 | | identity exploration and development, including sexual | 26 | | orientation neutral interventions to prevent or address |
| | | 09800HB5569ham001 | - 9 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | unlawful conduct or unsafe sexual practices, without seeking to | 2 | | change sexual orientation.
| 3 | | Section 20. Prohibition on conversion therapy. Under no | 4 | | circumstances shall a mental health provider engage in sexual | 5 | | orientation change efforts with a person under the age of 18.
| 6 | | Section 25. Referral services related to conversion | 7 | | therapy. Under no circumstances shall a mental health provider | 8 | | refer any current or former client or patient to any | 9 | | individual, within Illinois or within any other state, for the | 10 | | purpose of engaging in sexual orientation change efforts. This | 11 | | prohibition includes referrals to any individual practicing or | 12 | | engaging in sexual orientation change efforts in person or by | 13 | | telephone, electronic communication, or any other form of | 14 | | direct or indirect communication with a client or patient. | 15 | | Section 30. Discipline. Any sexual orientation change | 16 | | efforts attempted on a person under the age of 18 by a mental | 17 | | health provider or any referral made by a mental health | 18 | | provider to a third party practicing sexual orientation change | 19 | | efforts shall be considered unprofessional conduct. Mental | 20 | | health providers found to have engaged in a sexual orientation | 21 | | change effort or found to have referred a current or former | 22 | | client or patient under the age of 18 to an individual for the | 23 | | purpose of engaging in sexual orientation change efforts shall |
| | | 09800HB5569ham001 | - 10 - | LRB098 18589 ZMM 57112 a |
|
| 1 | | be subject to discipline by the licensing entity or | 2 | | disciplinary review board with competent jurisdiction.".
|
|