Rep. Kelly M. Cassidy

Filed: 3/21/2014





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2    AMENDMENT NO. ______. Amend House Bill 5569 by replacing
3everything after the enacting clause with the following:
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



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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.".



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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



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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



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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,



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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



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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
20lesbian, gay, bisexual, and transgender youth from sexual
21orientation 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
24licensed under the Clinical Psychology Licensing Act; a school



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1psychologist as defined in the School Code; a psychiatrist as
2defined in Section 1-121 of the Mental Health and Developmental
3Disabilities Code; a clinical social worker or social worker
4licensed under the Clinical Social Work and Social Work
5Practice Act; a marriage and family therapist or associate
6marriage and family therapist licensed under the Marriage and
7Family Therapy Licensing Act; a professional counselor or
8clinical professional counselor licensed under the
9Professional Counselor and Clinical Professional Counselor
10Licensing and Practice Act; or any students, interns,
11volunteers, or other persons assisting or acting under the
12direction or guidance of any of these licensed professionals.
13    "Sexual orientation change efforts" or "conversion
14therapy" means any practices or treatments that seek to change
15an individual's sexual orientation, as defined by subsection
16(o-1) of Section 1-103 of the Illinois Human Rights Act,
17including efforts to change behaviors or gender expressions or
18to eliminate or reduce sexual or romantic attractions or
19feelings towards individuals of the same sex. "Sexual
20orientation change efforts" or "conversion therapy" does not
21include counseling or mental health services that provide
22acceptance, support, and understanding of a person without
23seeking to change sexual orientation or mental health services
24that facilitate a person's coping, social support, and gender
25identity exploration and development, including sexual
26orientation neutral interventions to prevent or address



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1unlawful conduct or unsafe sexual practices, without seeking to
2change sexual orientation.
3    Section 20. Prohibition on conversion therapy. Under no
4circumstances shall a mental health provider engage in sexual
5orientation change efforts with a person under the age of 18.
6    Section 25. Referral services related to conversion
7therapy. Under no circumstances shall a mental health provider
8refer any current or former client or patient to any
9individual, within Illinois or within any other state, for the
10purpose of engaging in sexual orientation change efforts. This
11prohibition includes referrals to any individual practicing or
12engaging in sexual orientation change efforts in person or by
13telephone, electronic communication, or any other form of
14direct or indirect communication with a client or patient.
15    Section 30. Discipline. Any sexual orientation change
16efforts attempted on a person under the age of 18 by a mental
17health provider or any referral made by a mental health
18provider to a third party practicing sexual orientation change
19efforts shall be considered unprofessional conduct. Mental
20health providers found to have engaged in a sexual orientation
21change effort or found to have referred a current or former
22client or patient under the age of 18 to an individual for the
23purpose of engaging in sexual orientation change efforts shall



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1be subject to discipline by the licensing entity or
2disciplinary review board with competent jurisdiction.".