California 2017 2017-2018 Regular Session

California Assembly Bill AB1779 Amended / Bill

Filed 04/05/2018

                    Amended IN  Assembly  April 05, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1779Introduced by Assembly Member NazarianJanuary 04, 2018 An act to amend Section 865.1 of add Sections 865.3 and 865.4 to the Business and Professions Code, relating to sexual orientation. LEGISLATIVE COUNSEL'S DIGESTAB 1779, as amended, Nazarian. Sexual orientation: change efforts.Existing law provides for licensing the licensure and regulation of various professions in the healing arts, including physicians and surgeons, licensed psychologists, psychiatric technicians, marriage and family therapists, licensed educational psychologists, clinical social workers, and licensed professional clinical counselors. Existing law prohibits mental health providers, as defined, from performing sexual orientation change efforts, as specified, with a patient under 18 years of age. Existing law provides that any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.This bill would additionally prohibit a mental health provider from engaging in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship. The bill would provide that any sexual orientation change efforts attempted on a patient under a conservatorship or a guardianship shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 865.1 of the Business and Professions Code is amended to read:865.1.Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under 18 years of age, or with a patient, regardless of age, under a conservatorship or a guardianship.SECTION 1. Section 865.3 is added to the Business and Professions Code, to read:865.3. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship.SEC. 2. Section 865.4 is added to the Business and Professions Code, to read:865.4. Any sexual orientation change efforts attempted on a patient, regardless of age, under a conservatorship or a guardianship by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

 Amended IN  Assembly  April 05, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1779Introduced by Assembly Member NazarianJanuary 04, 2018 An act to amend Section 865.1 of add Sections 865.3 and 865.4 to the Business and Professions Code, relating to sexual orientation. LEGISLATIVE COUNSEL'S DIGESTAB 1779, as amended, Nazarian. Sexual orientation: change efforts.Existing law provides for licensing the licensure and regulation of various professions in the healing arts, including physicians and surgeons, licensed psychologists, psychiatric technicians, marriage and family therapists, licensed educational psychologists, clinical social workers, and licensed professional clinical counselors. Existing law prohibits mental health providers, as defined, from performing sexual orientation change efforts, as specified, with a patient under 18 years of age. Existing law provides that any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.This bill would additionally prohibit a mental health provider from engaging in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship. The bill would provide that any sexual orientation change efforts attempted on a patient under a conservatorship or a guardianship shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 05, 2018

Amended IN  Assembly  April 05, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1779

Introduced by Assembly Member NazarianJanuary 04, 2018

Introduced by Assembly Member Nazarian
January 04, 2018

 An act to amend Section 865.1 of add Sections 865.3 and 865.4 to the Business and Professions Code, relating to sexual orientation. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1779, as amended, Nazarian. Sexual orientation: change efforts.

Existing law provides for licensing the licensure and regulation of various professions in the healing arts, including physicians and surgeons, licensed psychologists, psychiatric technicians, marriage and family therapists, licensed educational psychologists, clinical social workers, and licensed professional clinical counselors. Existing law prohibits mental health providers, as defined, from performing sexual orientation change efforts, as specified, with a patient under 18 years of age. Existing law provides that any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.This bill would additionally prohibit a mental health provider from engaging in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship. The bill would provide that any sexual orientation change efforts attempted on a patient under a conservatorship or a guardianship shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.

Existing law provides for licensing the licensure and regulation of various professions in the healing arts, including physicians and surgeons, licensed psychologists, psychiatric technicians, marriage and family therapists, licensed educational psychologists, clinical social workers, and licensed professional clinical counselors. Existing law prohibits mental health providers, as defined, from performing sexual orientation change efforts, as specified, with a patient under 18 years of age. Existing law provides that any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.

This bill would additionally prohibit a mental health provider from engaging in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship. The bill would provide that any sexual orientation change efforts attempted on a patient under a conservatorship or a guardianship shall be considered unprofessional conduct and shall subject the provider to discipline by the providers licensing entity.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1.Section 865.1 of the Business and Professions Code is amended to read:865.1.Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under 18 years of age, or with a patient, regardless of age, under a conservatorship or a guardianship.SECTION 1. Section 865.3 is added to the Business and Professions Code, to read:865.3. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship.SEC. 2. Section 865.4 is added to the Business and Professions Code, to read:865.4. Any sexual orientation change efforts attempted on a patient, regardless of age, under a conservatorship or a guardianship by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:





Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under 18 years of age, or with a patient, regardless of age, under a conservatorship or a guardianship.



SECTION 1. Section 865.3 is added to the Business and Professions Code, to read:865.3. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship.

SECTION 1. Section 865.3 is added to the Business and Professions Code, to read:

### SECTION 1.

865.3. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship.

865.3. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship.

865.3. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship.



865.3. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient, regardless of age, under a conservatorship or a guardianship.

SEC. 2. Section 865.4 is added to the Business and Professions Code, to read:865.4. Any sexual orientation change efforts attempted on a patient, regardless of age, under a conservatorship or a guardianship by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. 

SEC. 2. Section 865.4 is added to the Business and Professions Code, to read:

### SEC. 2.

865.4. Any sexual orientation change efforts attempted on a patient, regardless of age, under a conservatorship or a guardianship by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. 

865.4. Any sexual orientation change efforts attempted on a patient, regardless of age, under a conservatorship or a guardianship by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. 

865.4. Any sexual orientation change efforts attempted on a patient, regardless of age, under a conservatorship or a guardianship by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. 



865.4. Any sexual orientation change efforts attempted on a patient, regardless of age, under a conservatorship or a guardianship by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. 

SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

### SEC. 3.