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AB-1779 Sexual orientation: change efforts.(2017-2018)

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Date Published: 04/05/2018 09:00 PM
AB1779:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1779


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


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 provider’s 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 provider’s licensing entity.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.