Full Text of HB0217 99th General Assembly
HB0217eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | change efforts and issued a report in 2009. The Task Force | 18 | | concluded that sexual orientation change efforts can pose | 19 | | critical health risks to lesbian, gay, and bisexual people, | 20 | | including confusion, depression, guilt, helplessness, | 21 | | hopelessness, shame, social withdrawal, suicidality, | 22 | | substance abuse, stress, disappointment, self-blame, | 23 | | decreased self-esteem and authenticity to others, |
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| 1 | | increased self-hatred, hostility and blame towards | 2 | | parents, feelings of anger and betrayal, loss of friends | 3 | | and potential romantic partners, problems in sexual and | 4 | | emotional intimacy, sexual dysfunction, high-risk sexual | 5 | | behaviors, a feeling of being dehumanized and untrue to | 6 | | self, a loss of faith, and a sense of having wasted time | 7 | | and resources. | 8 | | (3) The American Psychological Association issued a | 9 | | resolution on Appropriate Affirmative Responses to Sexual | 10 | | Orientation Distress and Change Efforts in 2009 that | 11 | | states: "The American Psychological Association advises | 12 | | parents, guardians, young people, and their families to | 13 | | avoid sexual orientation change efforts that portray | 14 | | homosexuality as a mental illness or developmental | 15 | | disorder and to seek psychotherapy, social support, and | 16 | | educational services that provide accurate information on | 17 | | sexual orientation and sexuality, increase family and | 18 | | school support, and reduce rejection of sexual minority | 19 | | youth.". | 20 | | (4) The American Psychiatric Association published a | 21 | | position statement in March of 2000 that states: | 22 | | "Psychotherapeutic modalities to convert or 'repair' | 23 | | homosexuality are based on developmental theories whose | 24 | | scientific validity is questionable. Furthermore, | 25 | | anecdotal reports of 'cures' are counterbalanced by | 26 | | anecdotal claims of psychological harm. In the last four |
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| 1 | | decades, 'reparative' therapists have not produced any | 2 | | rigorous scientific research to substantiate their claims | 3 | | of cure. Until there is such research available, the | 4 | | American Psychiatric Association recommends that ethical | 5 | | practitioners refrain from attempts to change individuals' | 6 | | sexual orientation, keeping in mind the medical dictum to | 7 | | first, do no harm. The potential risks of reparative | 8 | | therapy are great, including depression, anxiety and | 9 | | self-destructive behavior, since therapist alignment with | 10 | | societal prejudices against homosexuality may reinforce | 11 | | self-hatred already experienced by the patient. Many | 12 | | patients who have undergone reparative therapy relate that | 13 | | they were inaccurately told that homosexuals are lonely, | 14 | | unhappy individuals who never achieve acceptance or | 15 | | satisfaction. The possibility that the person might | 16 | | achieve happiness and satisfying interpersonal | 17 | | relationships as a gay man or lesbian is not presented, nor | 18 | | are alternative approaches to dealing with the effects of | 19 | | societal stigmatization discussed. Therefore, the American | 20 | | Psychiatric Association opposes any psychiatric treatment | 21 | | such as reparative or conversion therapy which is based | 22 | | upon the assumption that homosexuality per se is a mental | 23 | | disorder or based upon the a priori assumption that a | 24 | | patient should change his or her sexual homosexual | 25 | | orientation.". | 26 | | (5) The American Academy of Pediatrics published an |
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| 1 | | article in 1993 in its journal, Pediatrics, that states: | 2 | | "Therapy directed at specifically changing sexual | 3 | | orientation is contraindicated, since it can provoke guilt | 4 | | and anxiety while having little or no potential for | 5 | | achieving changes in orientation.". | 6 | | (6) The American Medical Association Council on | 7 | | Scientific Affairs prepared a report in 1994 that states: | 8 | | "Aversion therapy (a behavioral or medical intervention | 9 | | which pairs unwanted behavior, in this case, homosexual | 10 | | behavior, with unpleasant sensations or aversive | 11 | | consequences) is no longer recommended for gay men and | 12 | | lesbians. Through psychotherapy, gay men and lesbians can | 13 | | become comfortable with their sexual orientation and | 14 | | understand the societal response to it.". | 15 | | (7) The National Association of Social Workers | 16 | | prepared a policy statement in 1997 that states: "Social | 17 | | stigmatization of lesbian, gay, and bisexual people is | 18 | | widespread and is a primary motivating factor in leading | 19 | | some people to seek sexual orientation changes. Sexual | 20 | | orientation conversion therapies assume that homosexual | 21 | | orientation is both pathological and freely chosen. No data | 22 | | demonstrates that reparative or conversion therapies are | 23 | | effective, and, in fact, they may be harmful.". | 24 | | (8) The American Counseling Association Governing | 25 | | Council issued a position statement in April, 1999 that | 26 | | states: "We oppose the promotion of 'reparative therapy' as |
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| 1 | | a 'cure' for individuals who are homosexual.". | 2 | | (9) The American Psychoanalytic Association issued a | 3 | | position statement in June, 2012 on attempts to change | 4 | | sexual orientation, gender, identity, or gender expression | 5 | | that states: "As with any societal prejudice, bias against | 6 | | individuals based on actual or perceived sexual | 7 | | orientation, gender identity or gender expression | 8 | | negatively affects mental health, contributing to an | 9 | | enduring sense of stigma and pervasive self-criticism | 10 | | through the internalization of such prejudice. | 11 | | Psychoanalytic technique does not encompass purposeful | 12 | | attempts to 'convert', 'repair', change or shift an | 13 | | individual's sexual orientation, gender identity or gender | 14 | | expression. Such directed efforts are against fundamental | 15 | | principles of psychoanalytic treatment and often result in | 16 | | substantial psychological pain by reinforcing damaging | 17 | | internalized attitudes.". | 18 | | (10) The American Academy of Child and Adolescent | 19 | | Psychiatry published an article in 2012 in its journal, | 20 | | Journal of the American Academy of Child and Adolescent | 21 | | Psychiatry, that states: "Clinicians should be aware that | 22 | | there is no evidence that sexual orientation can be altered | 23 | | through therapy, and that attempts to do so may be harmful. | 24 | | There is no empirical evidence adult homosexuality can be | 25 | | prevented if gender nonconforming children are influenced | 26 | | to be more gender conforming. Indeed, there is no medically |
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| 1 | | valid basis for attempting to prevent homosexuality, which | 2 | | is not an illness. On the contrary, such efforts may | 3 | | encourage family rejection and undermine self-esteem, | 4 | | connectedness and caring, important protective factors | 5 | | against suicidal ideation and attempts. Given that there is | 6 | | no evidence that efforts to alter sexual orientation are | 7 | | effective, beneficial or necessary, and the possibility | 8 | | that they carry the risk of significant harm, such | 9 | | interventions are contraindicated.". | 10 | | (11) The Pan American Health Organization, a regional | 11 | | office of the World Health Organization, issued a statement | 12 | | in May, 2012 that states: "These supposed conversion | 13 | | therapies constitute a violation of the ethical principles | 14 | | of health care and violate human rights that are protected | 15 | | by international and regional agreements.". The | 16 | | organization also noted that reparative therapies "lack | 17 | | medical justification and represent a serious threat to the | 18 | | health and well-being of affected people.". | 19 | | (12) Minors who experience family rejection based on | 20 | | their sexual orientation face especially serious health | 21 | | risks. In one study, lesbian, gay, and bisexual young | 22 | | adults who reported higher levels of family rejection | 23 | | during adolescence were 8.4 times more likely to report | 24 | | having attempted suicide, 5.9 times more likely to report | 25 | | high levels of depression, 3.4 times more likely to use | 26 | | illegal drugs, and 3.4 times more likely to report having |
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| 1 | | engaged in unprotected sexual intercourse compared with | 2 | | peers from families that reported no or low levels of | 3 | | family rejection. This is documented by Caitlin Ryan et al. | 4 | | in their article entitled Family Rejection as a Predictor | 5 | | of Negative Health Outcomes in White and Latino Lesbian, | 6 | | Gay, and Bisexual Young Adults (2009), 123 Pediatrics 346. | 7 | | (13) Illinois has a compelling interest in protecting | 8 | | the physical and psychological well-being of minors, | 9 | | including lesbian, gay, bisexual, and transgender youth | 10 | | and in protecting its minors against exposure to serious | 11 | | harms caused by sexual orientation change efforts. | 12 | | Section 10. Purpose. The purpose of this Act is to protect | 13 | | lesbian, gay, bisexual, and transgender youth from sexual | 14 | | orientation change efforts, also known as conversion therapy. | 15 | | Section 15. Definitions. For the purposes of this Act:
| 16 | | "Mental health provider" means a clinical psychologist | 17 | | licensed under the Clinical Psychology Licensing Act; a school | 18 | | psychologist as defined in the School Code; a psychiatrist as | 19 | | defined in Section 1-121 of the Mental Health and Developmental | 20 | | Disabilities Code; a clinical social worker or social worker | 21 | | licensed under the Clinical Social Work and Social Work | 22 | | Practice Act; a marriage and family therapist or associate | 23 | | marriage and family therapist licensed under the Marriage and | 24 | | Family Therapy Licensing Act; a professional counselor or |
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| 1 | | clinical professional counselor licensed under the | 2 | | Professional Counselor and Clinical Professional Counselor | 3 | | Licensing and Practice Act; or any students, interns, | 4 | | volunteers, or other persons assisting or acting under the | 5 | | direction or guidance of any of these licensed professionals. | 6 | | "Sexual orientation change efforts" or "conversion | 7 | | therapy" means any practices or treatments that seek to change | 8 | | an individual's sexual orientation, as defined by subsection | 9 | | (o-1) of Section 1-103 of the Illinois Human Rights Act, | 10 | | including efforts to change behaviors or gender expressions or | 11 | | to eliminate or reduce sexual or romantic attractions or | 12 | | feelings towards individuals of the same sex. "Sexual | 13 | | orientation change efforts" or "conversion therapy" does not | 14 | | include counseling or mental health services that provide | 15 | | acceptance, support, and understanding of a person without | 16 | | seeking to change sexual orientation or mental health services | 17 | | that facilitate a person's coping, social support, and gender | 18 | | identity exploration and development, including sexual | 19 | | orientation neutral interventions to prevent or address | 20 | | unlawful conduct or unsafe sexual practices, without seeking to | 21 | | change sexual orientation.
| 22 | | Section 20. Prohibition on conversion therapy. Under no | 23 | | circumstances shall a mental health provider engage in sexual | 24 | | orientation change efforts with a person under the age of 18.
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| 1 | | Section 25. Advertisement and sales; misrepresentation. No | 2 | | person or entity may, in the conduct of any trade or commerce, | 3 | | use or employ any deception, fraud, false pretense, false | 4 | | promise, misrepresentation, or the concealment, suppression, | 5 | | or omission of any material fact in advertising or otherwise | 6 | | offering conversion
therapy services in a manner that | 7 | | represents homosexuality as a
mental disease, disorder, or | 8 | | illness, with intent that others rely upon the concealment, | 9 | | suppression, or omission of such material fact. A violation of | 10 | | this Section constitutes an unlawful practice under the | 11 | | Consumer Fraud and Deceptive Business Practices Act.
| 12 | | Section 30. Discipline. Any sexual orientation change | 13 | | efforts attempted on a person under the age of 18 by a mental | 14 | | health provider may be considered unprofessional conduct. | 15 | | Mental health providers found to have engaged in a sexual | 16 | | orientation change effort on a patient under the age of 18 may | 17 | | be subject to discipline by the licensing entity or | 18 | | disciplinary review board with competent jurisdiction. | 19 | | Section 90. The Consumer Fraud and Deceptive Business | 20 | | Practices Act is amended by changing Section 2Z as follows:
| 21 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 22 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 23 | | violates
the Automotive Repair Act, the Automotive Collision |
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| 1 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance | 2 | | Studio Act,
the Physical Fitness Services Act,
the Hearing | 3 | | Instrument Consumer Protection Act,
the Illinois Union Label | 4 | | Act,
the Job Referral and Job Listing Services Consumer | 5 | | Protection Act,
the Travel Promotion Consumer Protection Act,
| 6 | | the Credit Services Organizations Act,
the Automatic Telephone | 7 | | Dialers Act,
the Pay-Per-Call Services Consumer Protection | 8 | | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 9 | | Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care | 10 | | Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery Sales | 11 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, | 12 | | the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | 13 | | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | 14 | | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | 15 | | Internet Caller Identification Act, paragraph (6)
of
| 16 | | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 17 | | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | 18 | | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | 19 | | Residential Real Property Disclosure Act, the Automatic | 20 | | Contract Renewal Act, Section 25 of the Youth Mental Health | 21 | | Protection Act, or the Personal Information Protection Act | 22 | | commits an unlawful practice within the meaning of this Act.
| 23 | | (Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11; | 24 | | 96-1376, eff. 7-29-10; 97-333, eff. 8-12-11.) |
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