THE SENATE

S.B. NO.

270

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MINORS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that 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. The task force concluded that sexual orientation change efforts are unlikely to be successful and involve risk of harm to lesbian, gay, and bisexual individuals, including depression, suicidality, loss of sexual feeling, anxiety, shame, negative self-image, and other negative feelings and behaviors. The legislature further finds that children and adolescents who participate in these types of sexual orientation change efforts, which often use fear-based techniques, are given inaccurate scientific information regarding sexual orientation and gender identity and are also at risk of increased self-stigma and psychological distress.

The legislature additionally finds that sexual orientation change efforts are opposed by the country's leading medical and mental health professional organizations, including the American Psychological Association, American Medical Association, American Academy of Pediatrics, American Psychiatric Association, National Association of Social Workers, American College of Obstetricians and Gynecologists, and American Academy of Child and Adolescent Psychiatry.

The purpose of this Act is to protect the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth, against exposure to serious harms caused by sexual orientation change efforts by regulating the conduct of specific state-licensed persons who provide professional counseling to minors under the age of eighteen and prohibiting these professionals from engaging in, attempting to engage in, or advertising the offering of sexual orientation change efforts on persons under eighteen years of age.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows:

"Chapter

SEXUAL ORIENTATION CHANGE EFFORTS

   -1 Sexual orientation change efforts prohibited; advertising prohibited. (a) No person who is licensed to provide professional counseling shall:

(1) Engage in or attempt to engage in sexual orientation change efforts on a person under eighteen years of age; or

(2) Advertise the offering of sexual orientation change efforts on a person under eighteen years of age.

(b) Any person who is licensed to provide professional counseling who engages in or attempts to engage in the offering of sexual orientation change efforts on a person under eighteen years of age shall be subject to disciplinary action by the appropriate professional licensing authority.

(c) For purposes of this section:

"Person who is licensed to provide professional counseling" means a person who performs counseling as part of the person's professional training, including a physician, especially one practicing psychiatry, licensed pursuant to chapter 453; psychologist licensed pursuant to chapter 465; nurse licensed pursuant to chapter 457; social worker licensed pursuant to chapter 467E; licensed mental health counselor licensed pursuant to chapter 453D; or licensed marriage and family therapist licensed pursuant to chapter 451J.

"Sexual orientation change efforts" means the practice of attempting to change a person's sexual orientation, including but not limited to efforts to change gender identity or gender expressions and behaviors; or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same gender.

"Sexual orientation change efforts" shall not include counseling for a person seeking to transition from one gender to another or counseling that:

(1) Provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and

(2) Does not seek to change sexual orientation."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect upon its approval.


 


 

Report Title:

Sexual Orientation Change Efforts; Conversion Therapy; Prohibition; Minors; Licensed Professionals

 

Description:

Prohibits specific state-licensed persons who are licensed to provide professional counseling from engaging in, attempting to engage in, or advertising sexual orientation change efforts on persons under eighteen years of age. (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.