[Adopted 7-9-2018 by L.L.
No. 3-2018]
A.
The Legislature finds that conversion therapy is a form of treatment
that is designed to change an individual's sexual orientation from
homosexual to heterosexual, usually through psychological means.
B.
The Legislature further finds that the American Psychological Association,
the American Psychiatric Association and the American Medical Association
have all denounced conversion therapy as ineffective and potentially
harmful.
C.
The Legislature further finds that conversion therapy is a harmful
and discredited practice that uses rejection, shame and psychological
abuse aimed at changing sexual orientation or gender identity/expression.
As used in this article, the following terms shall have the
meanings indicated:
Any services, offered or provided to consumers for a fee,
that seek to change a person's sexual orientation or seek to change
a person's gender identity to conform to the sex of such individual
that was recorded at birth.
Anyone under 18 years of age.
It is unlawful for any person to offer or provide conversion
therapy services to a minor. This prohibition does not proscribe services
that provide assistance to a person undergoing gender transition,
or counseling that provides acceptance, support and understanding
of a person's sexual orientation or facilitates a person's coping,
social support and identity exploration and development, including
sexual-orientation-neutral interventions to prevent or address unlawful
conduct or unsafe sexual practices, as long as such services do not
seek to change an individual's sexual orientation or gender identity.
Any person who violates this article or any of the regulations
promulgated thereunder is liable to a civil penalty not to exceed
$1,000 for the first violation, $2,500 for the second violation and
$5,000 for each subsequent violation. Each instance a person is found
to have violated this article shall be considered a separate violation;
except that multiple violations of this article with regards to the
same consumer shall be considered a single violation.
The Albany County Human Rights Commission may promulgate such
rules and regulations as it deems necessary to implement and enforce
the provisions of this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect within 60 days of its filing
with the Secretary of State.
