[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:
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.
A person's sense of oneself as a man, woman, or something
else.
An individual who is trained and experienced in the area
of mental illness or developmental disabilities and who is one of
the following:
A physician.
A psychologist.
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.
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.
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.
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.
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.
