N.Y. Education Law § 6509-e: Additional definition of professional misconduct; mental health professionals

§ 6509-e. Additional definition of professional misconduct; mental

health professionals. 1. For the purposes of this section:

a. "Mental health professional" means a person subject to the

provisions of article one hundred fifty-three, one hundred fifty-four or

one hundred sixty-three of this title; or any other person designated as

a mental health professional pursuant to law, rule or regulation.

b. "Sexual orientation change efforts" (i) means any practice by a

mental health professional that seeks to change an individual's sexual

orientation, including, but not limited to, efforts to change behaviors,

gender identity, or gender expressions, or to eliminate or reduce sexual

or romantic attractions or feelings towards individuals of the same sex

and (ii) shall not include counseling for a person seeking to transition

from one gender to another, or psychotherapies that: (A) provide

acceptance, support and understanding of patients or the facilitation of

patients' 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.

2. It shall be professional misconduct for a mental health

professional to engage in sexual orientation change efforts upon any

patient under the age of eighteen years, and any mental health

professional found guilty of such misconduct under the procedures

prescribed in section sixty-five hundred ten of this subarticle shall be

subject to the penalties prescribed in section sixty-five hundred eleven

of this subarticle.