Illinois General Assembly - Full Text of HB0217
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Full Text of HB0217  99th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Youth
5Mental Health Protection Act.
6    Section 5. Legislative findings. The General Assembly
7finds 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
13lesbian, gay, bisexual, and transgender youth from sexual
14orientation 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
17licensed under the Clinical Psychology Licensing Act; a school
18psychologist as defined in the School Code; a psychiatrist as
19defined in Section 1-121 of the Mental Health and Developmental
20Disabilities Code; a clinical social worker or social worker
21licensed under the Clinical Social Work and Social Work
22Practice Act; a marriage and family therapist or associate
23marriage and family therapist licensed under the Marriage and
24Family Therapy Licensing Act; a professional counselor or



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1clinical professional counselor licensed under the
2Professional Counselor and Clinical Professional Counselor
3Licensing and Practice Act; or any students, interns,
4volunteers, or other persons assisting or acting under the
5direction or guidance of any of these licensed professionals.
6    "Sexual orientation change efforts" or "conversion
7therapy" means any practices or treatments that seek to change
8an individual's sexual orientation, as defined by subsection
9(o-1) of Section 1-103 of the Illinois Human Rights Act,
10including efforts to change behaviors or gender expressions or
11to eliminate or reduce sexual or romantic attractions or
12feelings towards individuals of the same sex. "Sexual
13orientation change efforts" or "conversion therapy" does not
14include counseling or mental health services that provide
15acceptance, support, and understanding of a person without
16seeking to change sexual orientation or mental health services
17that facilitate a person's coping, social support, and gender
18identity exploration and development, including sexual
19orientation neutral interventions to prevent or address
20unlawful conduct or unsafe sexual practices, without seeking to
21change sexual orientation.
22    Section 20. Prohibition on conversion therapy. Under no
23circumstances shall a mental health provider engage in sexual
24orientation change efforts with a person under the age of 18.



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1    Section 25. Advertisement and sales; misrepresentation. No
2person or entity may, in the conduct of any trade or commerce,
3use or employ any deception, fraud, false pretense, false
4promise, misrepresentation, or the concealment, suppression,
5or omission of any material fact in advertising or otherwise
6offering conversion therapy services in a manner that
7represents homosexuality as a mental disease, disorder, or
8illness, with intent that others rely upon the concealment,
9suppression, or omission of such material fact. A violation of
10this Section constitutes an unlawful practice under the
11Consumer Fraud and Deceptive Business Practices Act.
12    Section 30. Discipline. Any sexual orientation change
13efforts attempted on a person under the age of 18 by a mental
14health provider may be considered unprofessional conduct.
15Mental health providers found to have engaged in a sexual
16orientation change effort on a patient under the age of 18 may
17be subject to discipline by the licensing entity or
18disciplinary review board with competent jurisdiction.
19    Section 90. The Consumer Fraud and Deceptive Business
20Practices 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
23violates the Automotive Repair Act, the Automotive Collision



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1Repair Act, the Home Repair and Remodeling Act, the Dance
2Studio Act, the Physical Fitness Services Act, the Hearing
3Instrument Consumer Protection Act, the Illinois Union Label
4Act, the Job Referral and Job Listing Services Consumer
5Protection Act, the Travel Promotion Consumer Protection Act,
6the Credit Services Organizations Act, the Automatic Telephone
7Dialers Act, the Pay-Per-Call Services Consumer Protection
8Act, the Telephone Solicitations Act, the Illinois Funeral or
9Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
10Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
11Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
12the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
133-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
143-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
15Internet Caller Identification Act, paragraph (6) of
16subsection (k) of Section 6-305 of the Illinois Vehicle Code,
17Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
18or 18d-153 of the Illinois Vehicle Code, Article 3 of the
19Residential Real Property Disclosure Act, the Automatic
20Contract Renewal Act, Section 25 of the Youth Mental Health
21Protection Act, or the Personal Information Protection Act
22commits 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;
2496-1376, eff. 7-29-10; 97-333, eff. 8-12-11.)