49 Pa. Code § 41.62 - Conversion therapy, sexual orientation change efforts and reparative therapy-statement of policy
(a)
Background. Conversion therapy, also known as sexual
orientation change efforts or reparative therapy, poses critical health risks
to lesbian, gay, bisexual, transgender, queer/questioning, intersex and asexual
individuals, including suicidality, substance abuse, confusion, depression,
guilt, helplessness, hopelessness, shame, social withdrawal, stress,
disappointment, self-blame, decreased self-esteem and authenticity to others,
increased self-hatred, hostility and blame toward parents, feelings of anger
and betrayal, loss of friends and potential romantic partners, problems with
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. The American Psychological Association has
resolved that there is insufficient evidence to support the use of
psychological interventions to change sexual orientation and encourages mental
health professionals to avoid misrepresenting the efficacy of sexual
orientation change efforts by promoting or promising change in sexual
orientation when providing assistance to individuals. Due to the lack of
scientific evidence supporting conversion therapy and the risk of harm to
minors, the practice of conversion therapy is strongly opposed by the American
Academy of Child Adolescent Psychiatry, American Academy of Pediatrics,
American Association for Marriage and Family Therapy, American College of
Physicians, American Medical Association, American Psychiatric Association,
American Psychoanalytic Association, American Psychological Association,
National Association of Social Workers, Pan American Health Organization and
the World Psychiatric Association.
(b)
Board authority. The
Board has statutory authority to license, regulate and discipline psychologists
in this Commonwealth. Under section 8(a)(9) of the act (63 P.S. §
1208(a)(9)), the Board is
authorized to discipline a licensee for violating a regulation promulgated by
the Board, including the Board's ethical regulations under §
41.61 (relating to code of
ethics). The Board is also authorized under section 8(a)(11) to discipline a
licensee for engaging in immoral or unprofessional conduct.
(c)
Guidelines. The
following conversion therapy guidelines should be considered by licensees to
ensure compliance with the act and the Board's regulations:
(1) Being lesbian, gay, bisexual,
transgender, queer/ questioning, intersex or asexual is not a disease,
disorder, illness, deficiency or shortcoming.
(2) Conversion therapy includes the following
conduct:
(i) A practice or treatment that
seeks to change an individual's sexual orientation or gender
identity.
(ii) An effort to change
the behavioral expression of an individual's sexual orientation, change gender
expression, or eliminate or reduce sexual or romantic attractions or feelings
toward individuals of the same gender.
(3) Conversion therapy does not include a
practice or treatment that provides counseling for an individual undergoing
gender transition, counseling that provides acceptance, support, and
understanding, or the facilitation of coping, social support, and identity
exploration and development, including sexual orientation-neutral interventions
to prevent or address unlawful conduct or unsafe sexual practices. Conversion
therapy does not include a practice that does not seek to change sexual
orientation or gender identity.
(4)
In a disciplinary action brought against a licensee, the Board may find the use
of conversion therapy on an individual under 18 years of age to be unethical,
immoral or unprofessional conduct. A licensee who uses conversion therapy on an
individual under 18 years of age may be subject to discipline by the
Board.
Notes
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