§ 6531-A — Additional definition of professional misconduct; mental health professionals

§ 6531-a. Additional definition of professional misconduct; mental\nhealth professionals. 1. Definitions. For the purposes of this section:\n a. "Mental health professional" means a person subject to the\nprovisions of article one hundred thirty-one of this title.\n b. "Sexual orientation change efforts" (i) means any practice by a\nmental health professional that seeks to change an individual's sexual\norientation, including, but not limited to, efforts to change behaviors,\ngender identity, or gender expressions, or to eliminate or reduce sexual\nor romantic attractions or feelings towards individuals of the same sex;\nand (ii) shall not include counseling for a person seeking to transition\nfrom one gender to another, or psychotherapies that: (A) provide\nacceptance, support and understanding of patients or the facilitation of\npatients' coping, social support, and identity exploration and\ndevelopment, including sexual orientation-neutral interventions to\nprevent or address unlawful conduct or unsafe sexual practices; and (B)\ndo not seek to change sexual orientation.\n 2. It shall be professional misconduct for a mental health\nprofessional to engage in sexual orientation change efforts upon any\npatient under the age of eighteen years, and any mental health\nprofessional found guilty of such misconduct under the procedures\nprescribed in title two-A of article two of the public health law shall\nbe subject to the penalties prescribed in section two hundred thirty-a\nof the public health law, as added by chapter six hundred six of the\nlaws of nineteen hundred ninety-one.\n