[HISTORY: Adopted by the City Commission of the City of Royal Oak 8-10-2020 by Ord. No. 2020-09. Amendments noted where applicable.]
This chapter shall be known as and may be referred to as the "Ordinance to Prohibit Conversion Therapy."
The purpose of this chapter is to amend the City Code to prohibit a mental health professional from engaging in conversion therapy with a minor.
As used in this chapter, the following terms shall have the following meanings:
- CONVERSION THERAPY
- Any practice or treatments by a mental health professional that seek to change an individual's sexual orientation or gender identity, including, but not limited to, efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender. Conversion therapy does not include counseling that provides assistance to an individual undergoing a gender transition, counseling that provides acceptance, support, or understanding of an individual or facilitates an individual's coping, social support, or identity exploration and development, including sexual orientation-neutral intervention to prevent or address unlawful conduct or unsafe sexual practices, or counseling that does not seek to change sexual orientation.
- GENDER IDENTITY
- A person's sense of oneself as a man, woman, or something else.
- MENTAL HEALTH PROFESSIONAL
- An individual who is trained and experienced in the area of mental illness or developmental disabilities and who is one of the following:
- A. A physician.
- B. A psychologist.
- C. A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under Part 172 of the Public Health Code, 1978 PA 368, MCLA 333.17201 to 333.17242.
- D. A licensed master's social worker licensed or otherwise authorized to engage in the practice of social work at the master's level under Part 185 of the Public Health Code, 1978 PA 368, MCLA 333.18501 to 333.18518.
- E. A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under Part 181 of the Public Health Code, 1978 PA 368, MCLA 333.18101 to 333.18117.
- F. A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under Part 169 of the Public Health Code, 1978 PA 368, MCLA 333.16901 to 333.16915.
- An individual under the age of 18 years.
- SEXUAL ORIENTATION
- A component of identity that includes a person's sexual or emotional attraction to another person and the behavior and/or social affiliation that may result from this interaction. A person may be attracted to men, women, both, neither, or to people who are genderqueer, androgynous, or have other gender identities. Individuals may identify as lesbian, gay, heterosexual, bisexual, queer, pansexual, or asexual, among others.
A mental health professional shall not engage in conversion therapy with a minor.
A person who violates this chapter is guilty of a misdemeanor punishable by a fine of not more than $500 and/or 90 days in jail.
If any section, subsection, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this chapter, and such holding shall not affect the validity of the remaining portions of this chapter.
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this chapter takes effect are saved and may be consummated according to the law in force when they are commenced.
All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this chapter full force and effect.
This chapter shall take effect 10 days after the final passage thereof.