Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 099-0411


 

Public Act 0411 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0411
 
HB0217 EnrolledLRB099 04356 HAF 24383 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Youth
Mental Health Protection Act.
 
    Section 5. Legislative findings. The General Assembly
finds and declares the following:
        (1) Being lesbian, gay, or bisexual is not a disease,
    disorder, illness, deficiency, or shortcoming. The major
    professional associations of mental health practitioners
    and researchers in the United States have recognized this
    fact for nearly 40 years.
        (2) The American Psychological Association convened a
    Task Force on Appropriate Therapeutic Responses to Sexual
    Orientation. The Task Force conducted a systematic review
    of peer-reviewed journal literature on sexual orientation
    change efforts and issued a report in 2009. The Task Force
    concluded that sexual orientation change efforts can pose
    critical health risks to lesbian, gay, and bisexual people,
    including confusion, depression, guilt, helplessness,
    hopelessness, shame, social withdrawal, suicidality,
    substance abuse, stress, disappointment, self-blame,
    decreased self-esteem and authenticity to others,
    increased self-hatred, hostility and blame towards
    parents, feelings of anger and betrayal, loss of friends
    and potential romantic partners, problems in sexual and
    emotional intimacy, sexual dysfunction, high-risk sexual
    behaviors, a feeling of being dehumanized and untrue to
    self, a loss of faith, and a sense of having wasted time
    and resources.
        (3) The American Psychological Association issued a
    resolution on Appropriate Affirmative Responses to Sexual
    Orientation Distress and Change Efforts in 2009 that
    states: "The American Psychological Association advises
    parents, guardians, young people, and their families to
    avoid sexual orientation change efforts that portray
    homosexuality as a mental illness or developmental
    disorder and to seek psychotherapy, social support, and
    educational services that provide accurate information on
    sexual orientation and sexuality, increase family and
    school support, and reduce rejection of sexual minority
    youth.".
        (4) The American Psychiatric Association published a
    position statement in March of 2000 that states:
    "Psychotherapeutic modalities to convert or 'repair'
    homosexuality are based on developmental theories whose
    scientific validity is questionable. Furthermore,
    anecdotal reports of 'cures' are counterbalanced by
    anecdotal claims of psychological harm. In the last four
    decades, 'reparative' therapists have not produced any
    rigorous scientific research to substantiate their claims
    of cure. Until there is such research available, the
    American Psychiatric Association recommends that ethical
    practitioners refrain from attempts to change individuals'
    sexual orientation, keeping in mind the medical dictum to
    first, do no harm. The potential risks of reparative
    therapy are great, including depression, anxiety and
    self-destructive behavior, since therapist alignment with
    societal prejudices against homosexuality may reinforce
    self-hatred already experienced by the patient. Many
    patients who have undergone reparative therapy relate that
    they were inaccurately told that homosexuals are lonely,
    unhappy individuals who never achieve acceptance or
    satisfaction. The possibility that the person might
    achieve happiness and satisfying interpersonal
    relationships as a gay man or lesbian is not presented, nor
    are alternative approaches to dealing with the effects of
    societal stigmatization discussed. Therefore, the American
    Psychiatric Association opposes any psychiatric treatment
    such as reparative or conversion therapy which is based
    upon the assumption that homosexuality per se is a mental
    disorder or based upon the a priori assumption that a
    patient should change his or her sexual homosexual
    orientation.".
        (5) The American Academy of Pediatrics published an
    article in 1993 in its journal, Pediatrics, that states:
    "Therapy directed at specifically changing sexual
    orientation is contraindicated, since it can provoke guilt
    and anxiety while having little or no potential for
    achieving changes in orientation.".
        (6) The American Medical Association Council on
    Scientific Affairs prepared a report in 1994 that states:
    "Aversion therapy (a behavioral or medical intervention
    which pairs unwanted behavior, in this case, homosexual
    behavior, with unpleasant sensations or aversive
    consequences) is no longer recommended for gay men and
    lesbians. Through psychotherapy, gay men and lesbians can
    become comfortable with their sexual orientation and
    understand the societal response to it.".
        (7) The National Association of Social Workers
    prepared a policy statement in 1997 that states: "Social
    stigmatization of lesbian, gay, and bisexual people is
    widespread and is a primary motivating factor in leading
    some people to seek sexual orientation changes. Sexual
    orientation conversion therapies assume that homosexual
    orientation is both pathological and freely chosen. No data
    demonstrates that reparative or conversion therapies are
    effective, and, in fact, they may be harmful.".
        (8) The American Counseling Association Governing
    Council issued a position statement in April, 1999 that
    states: "We oppose the promotion of 'reparative therapy' as
    a 'cure' for individuals who are homosexual.".
        (9) The American Psychoanalytic Association issued a
    position statement in June, 2012 on attempts to change
    sexual orientation, gender, identity, or gender expression
    that states: "As with any societal prejudice, bias against
    individuals based on actual or perceived sexual
    orientation, gender identity or gender expression
    negatively affects mental health, contributing to an
    enduring sense of stigma and pervasive self-criticism
    through the internalization of such prejudice.
    Psychoanalytic technique does not encompass purposeful
    attempts to 'convert', 'repair', change or shift an
    individual's sexual orientation, gender identity or gender
    expression. Such directed efforts are against fundamental
    principles of psychoanalytic treatment and often result in
    substantial psychological pain by reinforcing damaging
    internalized attitudes.".
        (10) The American Academy of Child and Adolescent
    Psychiatry published an article in 2012 in its journal,
    Journal of the American Academy of Child and Adolescent
    Psychiatry, that states: "Clinicians should be aware that
    there is no evidence that sexual orientation can be altered
    through therapy, and that attempts to do so may be harmful.
    There is no empirical evidence adult homosexuality can be
    prevented if gender nonconforming children are influenced
    to be more gender conforming. Indeed, there is no medically
    valid basis for attempting to prevent homosexuality, which
    is not an illness. On the contrary, such efforts may
    encourage family rejection and undermine self-esteem,
    connectedness and caring, important protective factors
    against suicidal ideation and attempts. Given that there is
    no evidence that efforts to alter sexual orientation are
    effective, beneficial or necessary, and the possibility
    that they carry the risk of significant harm, such
    interventions are contraindicated.".
        (11) The Pan American Health Organization, a regional
    office of the World Health Organization, issued a statement
    in May, 2012 that states: "These supposed conversion
    therapies constitute a violation of the ethical principles
    of health care and violate human rights that are protected
    by international and regional agreements.". The
    organization also noted that reparative therapies "lack
    medical justification and represent a serious threat to the
    health and well-being of affected people.".
        (12) Minors who experience family rejection based on
    their sexual orientation face especially serious health
    risks. In one study, lesbian, gay, and bisexual young
    adults who reported higher levels of family rejection
    during adolescence were 8.4 times more likely to report
    having attempted suicide, 5.9 times more likely to report
    high levels of depression, 3.4 times more likely to use
    illegal drugs, and 3.4 times more likely to report having
    engaged in unprotected sexual intercourse compared with
    peers from families that reported no or low levels of
    family rejection. This is documented by Caitlin Ryan et al.
    in their article entitled Family Rejection as a Predictor
    of Negative Health Outcomes in White and Latino Lesbian,
    Gay, and Bisexual Young Adults (2009), 123 Pediatrics 346.
        (13) Illinois has a compelling interest in protecting
    the physical and psychological well-being of minors,
    including lesbian, gay, bisexual, and transgender youth
    and in protecting its minors against exposure to serious
    harms caused by sexual orientation change efforts.
 
    Section 10. Purpose. The purpose of this Act is to protect
lesbian, gay, bisexual, and transgender youth from sexual
orientation change efforts, also known as conversion therapy.
 
    Section 15. Definitions. For the purposes of this Act:
    "Mental health provider" means a clinical psychologist
licensed under the Clinical Psychology Licensing Act; a school
psychologist as defined in the School Code; a psychiatrist as
defined in Section 1-121 of the Mental Health and Developmental
Disabilities Code; a clinical social worker or social worker
licensed under the Clinical Social Work and Social Work
Practice Act; a marriage and family therapist or associate
marriage and family therapist licensed under the Marriage and
Family Therapy Licensing Act; a professional counselor or
clinical professional counselor licensed under the
Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act; or any students, interns,
volunteers, or other persons assisting or acting under the
direction or guidance of any of these licensed professionals.
    "Sexual orientation change efforts" or "conversion
therapy" means any practices or treatments that seek to change
an individual's sexual orientation, as defined by subsection
(o-1) of Section 1-103 of the Illinois Human Rights Act,
including efforts to change behaviors or gender expressions or
to eliminate or reduce sexual or romantic attractions or
feelings towards individuals of the same sex. "Sexual
orientation change efforts" or "conversion therapy" does not
include counseling or mental health services that provide
acceptance, support, and understanding of a person without
seeking to change sexual orientation or mental health services
that facilitate a person's coping, social support, and gender
identity exploration and development, including sexual
orientation neutral interventions to prevent or address
unlawful conduct or unsafe sexual practices, without seeking to
change sexual orientation.
 
    Section 20. Prohibition on conversion therapy. Under no
circumstances shall a mental health provider engage in sexual
orientation change efforts with a person under the age of 18.
 
    Section 25. Advertisement and sales; misrepresentation. No
person or entity may, in the conduct of any trade or commerce,
use or employ any deception, fraud, false pretense, false
promise, misrepresentation, or the concealment, suppression,
or omission of any material fact in advertising or otherwise
offering conversion therapy services in a manner that
represents homosexuality as a mental disease, disorder, or
illness, with intent that others rely upon the concealment,
suppression, or omission of such material fact. A violation of
this Section constitutes an unlawful practice under the
Consumer Fraud and Deceptive Business Practices Act.
 
    Section 30. Discipline. Any sexual orientation change
efforts attempted on a person under the age of 18 by a mental
health provider may be considered unprofessional conduct.
Mental health providers found to have engaged in a sexual
orientation change effort on a patient under the age of 18 may
be subject to discipline by the licensing entity or
disciplinary review board with competent jurisdiction.
 
    Section 90. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
 
    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
    Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Automotive Collision
Repair Act, the Home Repair and Remodeling Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,
the Credit Services Organizations Act, the Automatic Telephone
Dialers Act, the Pay-Per-Call Services Consumer Protection
Act, the Telephone Solicitations Act, the Illinois Funeral or
Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
Internet Caller Identification Act, paragraph (6) of
subsection (k) of Section 6-305 of the Illinois Vehicle Code,
Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
or 18d-153 of the Illinois Vehicle Code, Article 3 of the
Residential Real Property Disclosure Act, the Automatic
Contract Renewal Act, Section 25 of the Youth Mental Health
Protection Act, or the Personal Information Protection Act
commits an unlawful practice within the meaning of this Act.
(Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
96-1376, eff. 7-29-10; 97-333, eff. 8-12-11.)

Effective Date: 1/1/2016