4/27/16 N.Y. St. Reg. OMH-08-16-00003-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
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 form of treatment for minors in facilities under OMH's jurisdiction.
Text or summary was published
in the February 24, 2016 issue of the Register, I.D. No. OMH-08-16-00003-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kim Breen, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email:
regs@omh.ny.govInitial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
OMH received two letters of comment from the public in response to the Notice of Proposed Rule Making that is being promulgated to make clear that conversion therapy is not a permissible form of treatment for minors in facilities under OMH’s jurisdiction.
Comments and responses are as follows:
Comment: Commenter supplied letter in support of proposed regulation. Commenter also supports legislative action to prohibit physicians and mental health professionals from offering or providing services to change the sexual orientation of a minor. Commenter believes conversion therapy should be considered professional misconduct for physicians under New York Education Law Section 6530 and similar provisions should be enacted for other mental health professionals.
Response: OMH appreciates the letter in support of the proposal.
Comment: Commenter urges withdrawal of the proposed regulation because commenter believes that the evidence does not sufficiently support the conclusion that conversion therapy harms minors.
Response: OMH does not agree with the commenter. OMH believes the justification provided in the Regulatory Impact Statement sufficiently supports the need for the rule. The rule will not be withdrawn.
