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AN ACT relating to youth mental health protection and declaring an emergency. 1
WHEREAS, the American Psychological Association's Task Force on Appropriate 2
Therapeutic Responses to Sexual Orientation concluded that sexual orientation and 3
gender identity change efforts can pose critical health risks to lesbian, gay, and bisexual 4
people, including depression, social withdrawal, suicidality, substance abuse, and high-5
risk sexual behaviors; and 6
WHEREAS, the American Psychological Association issued a resolution on 7
Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts in 8
2009, which advises parents, guardians, young people, and their families to avoid sexual 9
orientation and gender identity change efforts that portray homosexuality as a mental 10
illness or developmental disorder and to seek psychotherapy, social support, and 11
educational services that provide accurate information on sexual orientation and 12
sexuality; and 13
WHEREAS, the American Psychological Association issued a resolution in 2021 14
stating it opposes sexual orientation change efforts because there is abundant evidence of 15
former participants reporting harm resulting from their experiences of sexual orientation 16
change efforts and it opposes training supporting sexual orientation change efforts in any 17
stage of the education of psychologists and psychology; and 18
WHEREAS, the American Psychiatric Association published a position statement 19
in March 2000 in which it stated psychotherapeutic modalities to convert or "repair" 20
homosexuality are based on developmental theories whose scientific validity is 21
questionable and that anecdotal reports of "cures" are counterbalanced by anecdotal 22
claims of psychological harm; and 23
WHEREAS, the American Academy of Pediatrics in 1993 published an article in its 24
journal, Pediatrics, stating: "Therapy directed at specifically changing sexual orientation 25
is contraindicated, since it can provoke guilt and anxiety while having little or no 26
potential for achieving changes in orientation"; and 27 UNOFFICIAL COPY 25 RS BR 238
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WHEREAS, the American Medical Association Council on Scientific Affairs 1
prepared a report in 1994 in which it stated: "Aversion therapy (a behavioral or medical 2
intervention which pairs unwanted behavior, in this case, homosexual behavior, with 3
unpleasant sensations or aversive consequences) is no longer recommended for gay men 4
and lesbians. Through psychotherapy, gay men and lesbians can become comfortable 5
with their sexual orientation and understand the societal responses to it"; and 6
WHEREAS, the National Association of Social Workers prepared a 1997 policy 7
statement in which it stated: "Sexual orientation conversion therapies assume that 8
homosexual orientation is both pathological and freely chosen. No data demonstrates that 9
reparative or conversion therapies are effective, and, in fact, they may be harmful"; and 10
WHEREAS, the American Counseling Association Governing Council issued a 11
position statement in April 1999, and in it the council states: "We oppose the promotion 12
of "reparative therapy" as a "cure" for individuals who are homosexual"; and 13
WHEREAS, the American School Counselor Association issued a position 14
statement in 2014 which states that: "It is not the role of the professional school counselor 15
to attempt to change a student’s sexual orientation or gender identity. Professional school 16
counselors do not support efforts by licensed mental health professionals to change a 17
student’s sexual orientation or gender identity as these practices have been proven 18
ineffective and harmful"; and 19
WHEREAS, the American Psychoanalytic Association issued a position statement 20
in June 2012 on attempts to change sexual orientation, gender identity, or gender 21
expression, and in it the association states: "Psychoanalytic technique does not 22
encompass purposeful attempts to "convert," "repair," change or shift an individual’s 23
sexual orientation, gender identity, or gender expression. Such directed efforts are against 24
fundamental principles of psychoanalytic treatment and often result in substantial 25
psychological pain by reinforcing damaging internalized attitudes"; and 26
WHEREAS, the American Academy of Child and Adolescent Psychiatry in 2012 27 UNOFFICIAL COPY 25 RS BR 238
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published an article in its Journal of the American Academy of Child and Adolescent 1
Psychiatry, stating: "Clinicians should be aware that there is no evidence that sexual 2
orientation can be altered through therapy, and that attempts to do so may be harmful"; 3
and 4
WHEREAS, the Pan American Health Organization, a regional office of the World 5
Health Organization, issued a statement in 2012 stating: "These supposed conversion 6
therapies constitute a violation of the ethical principles of health care and violate human 7
rights that are protected by international and regional agreements"; and 8
WHEREAS, the American Association of Sexuality Educators, Counselors, and 9
Therapists issued a statement in 2014 stating: "[S]ame sex orientation is not a mental 10
disorder and we oppose any "reparative" or conversion therapy that seeks to "change" or 11
"fix" a person’s sexual orientation"; and 12
WHEREAS, the American College of Physicians wrote a position paper in 2015 13
stating: "The College opposes the use of "conversion," "reorientation,' or "reparative" 14
therapy for the treatment of LGBT persons. […] Available research does not support the 15
use of reparative therapy as an effective method in the treatment of LGBT persons. 16
Evidence shows that the practice may actually cause emotional or physical harm to 17
LGBT individuals, particularly adolescents or young persons"; and 18
WHEREAS, the Trevor Project’s 2019 National Survey on LGBTQ Mental Health, 19
which surveyed over 34,000 LGBTQ youth between the ages of 13-24, found that five 20
percent of respondents reported being subjected to conversion therapy. 42 percent of 21
these LGBTQ youth who underwent conversion therapy reported a suicide attempt in the 22
past year, more than twice the rate of their LGBTQ peers who did not report undergoing 23
conversion therapy, and 57 percent of transgender and nonbinary youth who had 24
undergone conversion therapy reported a suicide attempt in the last year; and 25
WHEREAS, the Commonwealth of Kentucky has a compelling interest in 26
protecting the physical and psychological well-being of minors and vulnerable adults, 27 UNOFFICIAL COPY 25 RS BR 238
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including lesbian, gay, bisexual, and transgender persons, and in protecting its citizens 1
against exposure to serious harms caused by sexual orientation change efforts; 2
NOW, THEREFORE, 3
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 4
SECTION 1. A NEW SECTION OF KRS CHAPTER 210 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) For the purposes of this section: 7
(a) 1. "Mental health professional" means: 8
a. A physician licensed under KRS Chapter 311 or a medical 9
officer of the government of the United States engaged in 10
conducting mental health services; 11
b. A psychiatrist licensed under KRS Chapter 311 or a medical 12
officer of the government of the United States engaged in 13
conducting mental health services; 14
c. A psychologist, psychological practitioner, certified psychologist, 15
or psychological associate licensed under KRS Chapter 319; 16
d. A psychiatric advanced practice registered nurse, certified nurse 17
practitioner or clinical nurse specialist with a psychiatric or 18
mental health population focus who is licensed under KRS 19
Chapter 314 to engage in advanced practice nursing; 20
e. A licensed clinical social worker licensed or a certified social 21
worker licensed under KRS Chapter 335; 22
f. A marriage and family therapist licensed under KRS Chapter 23
335 or a marriage and family therapy associate holding a permit 24
under KRS Chapter 335; 25
g. A licensed professional clinical counselor or a licensed 26
professional counselor associate credentialed under KRS 27 UNOFFICIAL COPY 25 RS BR 238
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Chapter 335; 1
h. A licensed pastoral counselor licensed under KRS Chapter 335; 2
i. A licensed professional art therapist certified under KRS 3
Chapter 309; 4
j. A physician assistant licensed under KRS Chapter 311 engaged 5
in providing mental health services; and 6
k. A licensed clinical alcohol and drug counselor, licensed clinical 7
alcohol and drug counselor associate, or certified alcohol and 8
drug counselor licensed or certified under KRS Chapter 309. 9
2. "Mental health professional" does not mean a faith-based leader who 10
is not also a professional included in subparagraph 1. of this 11
paragraph; 12
(b) "Public funds" means any money, regardless of the original source of the 13
money, of: 14
1. The Commonwealth of Kentucky, and any department, agency, or 15
instrumentality thereof; 16
2. Any county, city, or special district, and any department, agency, or 17
instrumentality thereof; and 18
3. Any other political subdivision of the Commonwealth, and any 19
department, agency, or instrumentality thereof; and 20
(c) "Sexual orientation and gender identity change efforts": 21
1. Means any practice or treatment that seeks to change an individual's 22
sexual orientation or gender identity, including efforts to: 23
a. Change behaviors or gender expressions; or 24
b. Eliminate or reduce sexual or romantic attractions or feelings 25
toward individuals of the same gender; 26
2. Includes but is not limited to practices known as: 27 UNOFFICIAL COPY 25 RS BR 238
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a. "Conversion therapy"; 1
b. "Reparative therapy"; 2
c. "Aversion therapy"; 3
d. "Reorientation therapy"; and 4
e. "Sexual orientation change efforts"; 5
and other forms of treatment using shaming, emotionally traumatic, 6
or physically painful stimuli to change an individual's sexual 7
orientation or gender identity; and 8
3. Does not include: 9
a. Counseling that provides assistance to a person undergoing 10
gender transition; or 11
b. Counseling that provides acceptance, support, and 12
understanding of a person or facilitates a person's coping, social 13
support, and identity exploration and development, including 14
sexual-orientation-neutral interventions to prevent or address 15
unlawful conduct or unsafe sexual practices, as long as such 16
counseling does not seek to change an individual's sexual 17
orientation or gender identity. 18
(2) A mental health professional shall not engage in or refer a patient under eighteen 19
(18) years of age, a person who is eighteen (18) years or older who is an adult as 20
defined in KRS 209.020, or a ward as defined in KRS 387.510 for sexual 21
orientation and gender identity change efforts. 22
(3) Any violation of subsection (2) of this section shall be considered unprofessional 23
conduct indicating incompetence and deceptive practice and shall subject the 24
mental health professional to discipline by the appropriate professional 25
certification or licensing board. 26
(4) Public funds shall not be directly or indirectly used, granted, paid, or distributed 27 UNOFFICIAL COPY 25 RS BR 238
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to any entity, organization, or individual that provides sexual orientation and 1
gender identity change efforts. 2
SECTION 2. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "sexual orientation and gender identity change efforts" 5
has the same meaning as in Section 1 of this Act. 6
(2) The Department for Public Health and the Department for Behavioral Health, 7
Developmental and Intellectual Disabilities in the Cabinet for Health and Family 8
Services shall: 9
(a) Develop and produce educational materials regarding sexual orientation 10
and gender identity change efforts, the health risks and emotional trauma 11
inflicted by the practice of sexual orientation and gender identity change 12
efforts, and any possible professional discipline that may be imposed for 13
providing sexual orientation and gender identity change efforts; and 14
(b) Disseminate the educational materials produced under paragraph (a) of this 15
subsection to mental health and health care providers, teachers and 16
educational personnel, entities serving youth in foster care, and any other 17
professionals or community entities who serve youth or who may reasonably 18
be expected to come into contact with individuals who may provide sexual 19
orientation and gender identity change efforts or be affected by sexual 20
orientation and gender identity change efforts. 21
(3) The department may consult or contract with nonprofit organizations to develop 22
and produce the educational materials required by subsection (2) of this section. 23
Section 3. This Act may be cited as the Youth Mental Health Protection Act. 24
Section 4. Whereas peer-reviewed studies and numerous professional 25
organizations have concluded that sexual orientation and gender identity change efforts 26
can pose critical health risks to lesbian, gay, bisexual, and transgender people, ranging 27 UNOFFICIAL COPY 25 RS BR 238
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from depression to substance use to suicidal thoughts, attempts, and completed suicide, 1
an emergency is declared to exist, and this Act takes effect upon its passage and approval 2
by the Governor or upon its otherwise becoming a law. 3