Youth mental health protection act

Public Act 0411 99TH GENERAL ASSEMBLY

 Public Act 099-0411  
HB0217 Enrolled
LRB099 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.)