Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 3772 (June 29, 2024).

49 Pa. Code § 25.218. Conversion therapy, sexual orientation change efforts and reparative therapy—statement of policy.

§ 25.218. Conversion therapy, sexual orientation change efforts and reparative therapy—statement of policy.

 (a)  Background. Conversion therapy, also known as sexual orientation change efforts or reparative therapy, poses critical health risks to lesbian, gay, bisexual, transgender, queer/questioning, intersex and asexual individuals, including suicidality, substance abuse, confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, stress, disappointment, self-blame, decreased self-esteem and authenticity to others, increased self-hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems with sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith and a sense of having wasted time and resources. The American Medical Association opposes the use of conversion therapy for sexual orientation or gender identity. Due to the lack of scientific evidence supporting conversion therapy and the risk of harm to minors, the practice of conversion therapy is strongly opposed by the American Academy of Child Adolescent Psychiatry, American Academy of Pediatrics, American Association for Marriage and Family Therapy, American College of Physicians, American Medical Association, American Psychiatric Association, American Psychoanalytic Association, American Psychological Association, National Association of Social Workers, Pan American Health Organization and the World Psychiatric Association.

 (b)  Board authority. The Board has statutory authority to license, regulate and discipline Board-regulated practitioners in this Commonwealth. Under section 15 of the act (63 P.S. §  271.15), the Board is authorized to refuse, revoke or suspend the license of a Board-regulated practitioner who is guilty of immoral or unprofessional conduct.

 (c)  Guidelines. The following conversion therapy guidelines should be considered by Board-regulated practitioners to ensure compliance with the act and the Board’s regulations.

   (1)  Being lesbian, gay, bisexual, transgender, queer/questioning, intersex or asexual is not a disease, disorder, illness, deficiency or shortcoming.

   (2)  Conversion therapy includes the following conduct:

     (i)   A practice or treatment that seeks to change an individual’s sexual orientation or gender identity.

     (ii)   An effort to change the behavioral expression of an individual’s sexual orientation, change gender expression, or eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.

   (3)  Conversion therapy does not include a practice or treatment that provides counseling for an individual undergoing gender transition, counseling that provides acceptance, support and understanding, or the facilitation of coping, social support and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. Conversion therapy does not include a practice that does not seek to change sexual orientation or gender identity.

   (4)  In a disciplinary action brought against a Board-regulated practitioner, the Board may find the use of conversion therapy on an individual under 18 years of age to be immoral or unprofessional conduct. A Board-regulated practitioner who uses conversion therapy on an individual under 18 years of age may be subject to discipline by the Board.

Authority

   The provisions of this §  25.218 added under section 15(a)(8) and (b)(9) of the Osteopathic Medical Practice Act (63 P.S. §  271.15(a)(8) and (b)(9)); and section 3(g) of the Acupuncture Licensure Act (63 P.S. §  1803(g)).

Source

   The provisions of this §  25.218 added June 7, 2024, effective June 8, 2024, 54 Pa.B. 3165.



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