PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 527.8 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 7.07 and 7.09
Subject:
Rights of Patients.
Purpose:
Make clear that conversion therapy is not a permissible treatment for minors in facilities under OMH jurisdiction.
Text of proposed rule:
A new subdivision (d) is added to 14 NYCRR Section 527.8 to read as follows:
(d) Notwithstanding the provisions of this Section, no facility shall provide services to minor patients that are intended to change such minor’s sexual orientation or gender identity, including efforts to change behaviors, gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex, provided, however, that this does not include counseling or therapy for a minor who is seeking to undergo a gender transition or who is in the process of undergoing a gender transition, that provides acceptance, support, and understanding of minors or the facilitation of minors’ coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, provided that the counseling or therapy does not seek to change sexual orientation or gender identity.
Text of proposed rule and any required statements and analyses may be obtained from:
Sue Watson, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email: regs@omh.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory Authority: Section 7.07 of the Mental Hygiene Law gives the Office of Mental Health the responsibility for seeing that the personal and civil rights of persons with mental illness receiving care and treatment are adequately protected.
Section 7.09 of the Mental Hygiene Law gives the Commissioner of the Office of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction.
2. Legislative Objectives: Article 7 of the Mental Hygiene Law reflect the Commissioner’s authority to establish regulations regarding mental health programs and charges the Office of Mental Health with the responsibility for ensuring that persons with mental illness receive high quality care and treatment. The amendment is being proposed in conjunction with proposed amendments of the Department of Financial Services that would prohibit any insurer from providing coverage in any insurance policy or contract delivered or issued for delivery in New York for conversion therapy for any individual under the age of 18 years.
3. Needs and Benefits: In 2012, the American Academy of Child and Adolescent Psychiatry published an article in the Journal of the American Academy of Child and Adolescent Psychiatry, which stated: “Clinicians should be aware that there is no evidence that sexual orientation can be altered through therapy, and that attempts to do so may be harmful. There is no empirical evidence adult homosexuality can be prevented if gender nonconforming children are influenced to be more gender conforming. Indeed, there is no medically valid basis for attempting to prevent homosexuality, which is not an illness. On the contrary, such efforts may encourage family rejection and undermine self-esteem, connectedness and caring, important protective factors against suicidal ideation and attempts. Given that there is no evidence that efforts to alter sexual orientation are effective, beneficial or necessary, and the possibility that they carry the risk of significant harm, such interventions are contraindicated.”
Minors who experience family rejection based on their sexual orientation face especially serious health risks. In one study, lesbian, gay, and bisexual young adults who reported higher levels of family rejection during adolescence were 8.4 times more likely to report having attempted suicide, 5.9 times more likely to report high levels of depression, 3.4 times more likely to use illegal drugs, and 3.4 times more likely to report having engaged in unprotected sexual intercourse compared with peers from families that reported no or low levels of family rejection (Family Rejection as a Predictor of Negative Health Outcomes in White and Latino Lesbian, Gay, and Bisexual Young Adults (2009) 123 Pediatrics 346).
This amendment is intended to make clear that conversion therapy is not a permissible form of treatment for minors in facilities under the jurisdiction of the Office of Mental Health, and cannot be provided, even if procedures permitting treatment over objection are followed.
4. Costs: (a) Costs to Local Government: These regulatory amendments will not result in any additional costs to local government.
(b) Costs to State: These regulatory amendments will not result in any additional costs to State government.
(c) Costs to Regulated Parties: These regulatory amendments will not result in any additional costs to regulated parties.
5. Local Government Mandates: These regulatory amendments will not result in any additional imposition of duties or responsibilities upon county, city, town, village, school or fire districts.
6. Paperwork: These amendments will not result in any increase in paperwork requirements of facilities covered by the regulations.
7. Duplication: These regulatory amendments do not duplicate existing State or federal requirements.
8. Alternatives: The only potential alternative would be inaction. As the amendments are intended to ensure that treatment based on clinically sound practices is provided in facilities under the jurisdiction of the Office of Mental Health, this alternative was not considered.
9. Federal Standards: The regulatory amendments do not exceed any minimum standards of the federal government for the same or similar subject areas.
10. Compliance Schedule: These regulatory amendments will be effective immediately upon adoption.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local Governments has not been submitted with this notice. The proposed regulatory amendments are intended to make clear that conversion therapy is not a permissible form of treatment for minors in facilities under the jurisdiction of the Office of Mental Health, and cannot be provided, even if procedures permitting treatment over objection are followed. The proposed regulatory amendments will not impose any adverse economic impact on small businesses or local governments; therefore a Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis has not been submitted with this notice. The proposed regulatory amendments are intended to make clear that conversion therapy is not a permissible form of treatment for minors in facilities under the jurisdiction of the Office of Mental Health, and cannot be provided, even if procedures permitting treatment over objection are followed. The proposed rule will not impose any adverse economic impact on rural areas; therefore, a Rural Area Flexibility Analysis is not submitted with this notice.
Job Impact Statement
A Job Impact Statement is not submitted with this notice because it is evident from the subject matter that there will be no adverse impact on jobs and employment opportunities as a result of these amendments. The proposed regulatory amendments are intended to make clear that conversion therapy is not a permissible form of treatment for minors in facilities under the jurisdiction of the Office of Mental Health, and cannot be provided, even if procedures permitting treatment over objection are followed.
