2015 -- S 0480

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LC001725

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - CHILDREN

     Introduced By: Senators Nesselbush, Miller, Pichardo, Goldin, and Ottiano

     Date Introduced: February 26, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 94

PREVENTION OF CONVERSION THERAPY FOR CHILDREN

     23-94-1. Short title. – This chapter shall be known and may be cited as the "Prevention

of Conversion therapy for Children Act."

     23-94-2. Definitions. – As used in this chapter:

     (1) "Licensed professional" means any licensed medical, mental health, or human service

professional licensed pursuant to title 5 including, but not limited to, any psychologist,

psychiatrist, social worker, nurse, mental health professional, human services professional,

marriage and family therapist, rehabilitation counselor, mental health counselor, social worker,

occupational therapist, or any other person licensed as a health or human service professional

under any provisions of the general law, rule or regulation to the contrary.

     (2) "Sexual orientation and/or gender identity change efforts" means any practice by any

licensed professional that seeks or purports to impose change of an individual's sexual orientation

or gender identity:

     (i) "Sexual orientation and/or gender identity change efforts" includes practices which

attempt or purport to change behavioral expression of an individual's sexual orientation or gender

identity or attempt or purport to eliminate or reduce sexual or romantic attractions or feelings

toward individuals of the same sex; and

     (ii) "Sexual orientation and/or gender identity change efforts" shall not include practices

which:

     (A) Provide acceptance, support, and understanding of an individual's sexual orientation,

gender identity, or gender expression and the facilitation of an individual's coping, social support,

and identity exploration and development, including interventions to prevent or address unlawful

conduct or unsafe sexual practices; or

     (B) Provide acceptance, support, or understanding of an individual's gender expression or

the facilitation of an individual's coping, social support, and identity exploration and

development.

     23-94-3. Sexual orientation and gender identity change efforts for minors

prohibited. – No licensed professional shall advertise for or engage in sexual orientation and/or

gender identity change efforts with or relating to a patient(s) under the age of eighteen (18) years.

     23-94-4. Disciplinary actions. – (a) Any person who violates the provisions of this

chapter shall be subject to a fine not to exceed five hundred dollars ($500) for a first violation. A

second violation of this chapter shall authorize the director of the department of health to impose

a five hundred dollar ($500) fine and suspend the license of the licensed professional. Any third

or subsequent violation shall result in a five hundred dollar ($500) fine and/or permanent

revocation of the licensed professional's license.

     (b) The director may assess against the professional, the administrative costs of the

proceedings instituted against him or her under this chapter; provided, that this assessment does

not exceed ten thousand dollars ($10,000).

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - CHILDREN

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     This act would prohibit sexual orientation and gender identity change efforts by licensed

health care professionals with respect to children under eighteen (18) years of age. Violations of

this act would subject the health care professional to disciplinary action and/or suspension and

revocation of the license by the director of the department of health.

     This act would take effect upon passage.

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