§ 47.5. 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. 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 social workers, marriage and family therapists and professional counselors. Under section 11(a)(2) and (3) of the act (63 P.S. § 1911(a)(2) and (3)), the Board is authorized to discipline a licensee for being guilty of immoral or unprofessional conduct and for violating professional practice or conduct standards adopted by the Board, including § § 47.71, 48.71 and 49.71 (relating to codes of ethical practice and professional conduct; code of ethical practice and professional conduct; and code of ethical practice and professional conduct).
(c) Guidelines. The following conversion therapy guidelines should be considered by licensees 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 licensee, the Board may find the use of conversion therapy on an individual under 18 years of age to be unethical, immoral and unprofessional conduct. A licensee 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 § 47.5 added under sections 6(2) and 11(a)(2) and (3) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. § § 1906(2) and 1911(a)(2) and (3)).
Source The provisions of this § 47.5 added June 7, 2024, effective June 8, 2024, 54 Pa.B. 3169.
Cross References This section cited in 49 Pa. Code § 48.5 (relating to conversion therapy, sexual orientation change efforts and reparative therapy—statement of policy); and 49 Pa. Code § 49.5 (relating to conversion therapy, sexual orientation change efforts and reparative therapy—statement of policy).
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