Sexual Orientation Change Efforts - General Provisions - Business & Professions - CA

Section § 865

This section defines key terms related to mental health providers and their practices concerning sexual orientation. A 'mental health provider' includes a variety of professionals like psychiatrists, therapists, and counselors. 'Sexual orientation change efforts' are practices that aim to change someone’s sexual orientation. However, it does not include therapies that offer acceptance and support or that focus on identity exploration without trying to change orientation.

For the purposes of this article, the following terms shall have the following meanings:

(a) “Mental health provider” means a physician and surgeon specializing in the practice of psychiatry, a psychologist, a psychological assistant, intern, or trainee, a licensed marriage and family therapist, a registered associate marriage and family therapist, a marriage and family therapist trainee, a licensed educational psychologist, a credentialed school psychologist, a licensed clinical social worker, an associate clinical social worker, a licensed professional clinical counselor, a registered associate clinical counselor, a professional clinical counselor trainee, or any other person designated as a mental health professional under California law or regulation.

(b)

(1) “Sexual orientation change efforts” means any practices by mental health providers that seek to change an individual’s sexual orientation. This includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.

(2) “Sexual orientation change efforts” does not include psychotherapies that: (A) provide acceptance, support, and understanding of clients or the facilitation of clients’ coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (B) do not seek to change sexual orientation.

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Section § 865.1

Mental health providers are completely prohibited from attempting to change the sexual orientation of anyone under 18.

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

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Section § 865.2

In California, if a mental health provider tries to change the sexual orientation of a patient under 18, it's seen as unprofessional behavior. This can lead to disciplinary action by the provider's licensing board.

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 a mental health provider to discipline by the licensing entity for that mental health provider.

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