[Ord. No. 2023-764, 7/11/2023]
1.
Purpose. The purpose of this Part is to:
A.
Ban the practice of conversion therapy by medical and mental health
professionals on minors in West Norriton Township;
B.
Protect minors from the physical, psychological, behavioral and mental
health injuries caused by conversion therapy, including, but not limited
to, the unwarranted guilt and anxiety caused by conversion therapy
that can lead to anxiety, depression, decreased self-esteem, substance
abuse, homelessness, self-harm, and/or suicide; and
C.
Prevent medical and mental health professionals from misrepresenting
to the public that their practice or business operations within the
Township can change the sexual orientation or gender identity or expression
of a minor or otherwise possess any scientific credibility or clinical
utility.
2.
Findings.
A.
The American Psychological Association has determined that homosexuality
is not a mental disorder.
B.
The American Psychological Association is concerned about the resurgence
of sexual orientation change efforts, which promote the notion that
sexual orientation can be changed.
C.
The American Psychological Association advises parents, guardians,
young people, and their families to avoid sexual orientation change
efforts that portray homosexuality as a mental illness or developmental
disorder and to seek psychotherapy, social support and educational
services that provide accurate information on sexual orientation and
sexuality, increase family and school support, and reduce rejection
of sexual minority youth.
D.
Conversion therapy has been overwhelmingly rejected by the scientific,
medical, and educational communities and numerous professional organizations
have denounced conversion therapy due to its lack of scientific validation,
as well as its negative and dangerous impact on the health and wellbeing
of LGBTQIA+ persons and communities, and the specific harm it causes
to the mental health of LGBTQIA+ children.
E.
Minors are especially vulnerable to conversion therapy, which can
lead to depression, anxiety, drug use, homelessness, and suicide.
F.
The American College of Physicians opposes the use of conversion
therapy, also known as "reorientation" or "reparative" therapy, for
the treatment of LGBTQ persons.
G.
The American Psychiatric Association has determined that, "there
is no published scientific evidence supporting the efficacy of 'reparative
therapy' as a treatment to change one's sexual orientation."
However, the potential risks or such therapy are great and include
depression, anxiety, and self-destructive behavior.
H.
The American Psychiatric Association opposes the use of conversion
therapy based upon the assumption that homosexuality is a mental disorder
based upon the assumption that a patient should change their homosexual
orientation.
I.
An important goal of West Norriton Township is to protect minors
within the Township from the potential and actual harms caused by
conversion therapy.
J.
An important goal of West Norriton Township is to prevent businesses
or business practitioners within the Township from promoting, advertising,
or participating in business practices that misrepresent to the public
or otherwise falsify the potential outcomes of their therapeutic or
counseling practice.
K.
West Norriton Township has a compelling interest in protecting the
physical and psychological well-being of minors within the Township,
including lesbian, gay, bisexual, and transgender youth, and in protecting
Minors against exposure to serious harms caused by conversion therapy.
L.
It is a proper exercise of the police powers of West Norriton Township
to prohibit medical and mental health professionals from engaging
in or facilitating conversion therapy for minors in order to protect
the public welfare, prosperity, health, and peace of the West Norriton
Township community and to provide penalties for the engagement in
or the facilitation of conversion therapy for minors.
[Ord. No. 2023-764, 7/11/2023]
For purposes of this Part, the following terms shall be defined
as follows:
"Sexual orientation or gender identity change efforts," also
referred to as "conversion therapy," refers to any practices or treatments
that seek to change an individual's sexual orientation and/or
gender identity, including, but not limited to, efforts to change
behaviors or gender expressions or to eliminate or reduce sexual or
romantic attractions or feelings toward individuals of the same gender.
Conversion therapy shall not include counseling or medical practice
that:
Provides assistance to a person undergoing a gender transition;
and/or
Provides acceptance, support, and understanding of a person
or facilitates a person's coping, social support, and identity
exploration and development, including sexual orientation-neutral
and/or gender identity- or gender expression-neutral interventions
to prevent or address unlawful conduct or unsafe sexual practices,
as long as such counseling does not seek to change a person's
sexual orientation and/or gender identity or expression.
Includes any medical, psychiatric, psychological, behavioral,
emotional, or similar mental health care, counseling, practice, therapy,
intervention, service or treatment provided, offered, performed, facilitated,
or rendered by or through a medical or mental health professional.
The actual or perceived gender-related identity, expression,
appearance, behavior, physical characteristics, mannerisms, or other
gender-related characteristics of an individual, regardless of the
individual's physical anatomy, chromosomal sex, or assigned sex
at birth.
A person who is:
Licensed under Pennsylvania law to provide, perform, or render
counseling to a person;
Performs or offers counseling as part of such person's
professional training or services and maintains a medical, pharmacological,
osteopathic, nursing, or social work license from a commonwealth or
federal agency or board, including any license from the State Board
of Medicine, State Board of Pharmacy, State Board of Nursing, State
Board of Psychology, State Board of Osteopathic Medicine, or the State
Board of Social Workers, Marriage and Family Therapists and Professional
Counselors; or
A person less than 18 years of age.
Actual or perceived homosexuality, bisexuality, or heterosexuality.
The Township of West Norriton, Montgomery County, Pennsylvania.
[Ord. No. 2023-764, 7/11/2023]
1.
No medical or mental health professional shall engage in counseling
that includes, facilitates, or consists of conversion therapy for
a minor in the Township. A medical or mental health professional with
a business/practice located in the Township shall be deemed to have
facilitated conversion therapy for a minor in the Township even if
the conversion therapy practice or treatment provided to a minor occurs
outside of the Township.
2.
No medical or mental health professional located within the Township
shall solicit, advertise, offer, promote, or market counseling that
includes, facilitates, or consists of conversion therapy for a minor,
or could be utilized by, for, or on the behalf of a minor.
[Ord. No. 2023-764, 7/11/2023]
It shall be unlawful and a violation of this Part for any medical or mental health professional and/or any entity or organization employing or utilizing the counseling services of a medical or mental health professional to violate § 10-1003 above, or permit or facilitate a violation thereof.
[Ord. No. 2023-764, 7/11/2023]
1.
Notice of Violation. Should any medical or mental health professional
and/or any entity or organization employing or utilizing the counseling
services of a medical or mental health professional violate any provision
of this Part 10 of the Township Code, the Township shall prepare a
written notice of violation and demand a cease and desist of the prohibited
activity. The notice shall specify the violation and the time limitation
to establish compliance. Failure to comply with the provisions of
the notice of violation shall subject the violator to the penalties
herein.
2.
Service of Notice. The written notice of violation shall be served
upon the medical or mental health professional and/or any entity or
organization employing or utilizing the counseling services of a medical
or mental health professional. Such notice of violation shall be served
either by certified mail to the last known physical or post office
address, delivered in person, or by delivering it to and leaving it
in the possession of any person in charge of the premises where the
prohibited activity is alleged to be occurring. Posting a copy in
a conspicuous place at the main entrance door of the business or personal
address of the medical or mental health professional or the registered
or advertised address of the entity or organization employing or utilizing
the counseling services of a medical or mental health professional
shall be deemed the equivalent of personal delivery.
[Ord. No. 2023-764, 7/11/2023]
1.
Penalties. Any medical or mental health professional and/or entity
or organization employing or utilizing the counseling services of
a medical or mental health professional who violates a provision of
this Part, or should otherwise fail to comply with any requirements
within this Part, upon conviction in a summary proceeding under the
Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense
and shall be punishable by a fine of not more than $1,000, plus court
costs and reasonable attorneys' fees incurred by the Township
through enforcement proceedings.
2.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, such person may be sentenced and committed to the county
correctional facility for a period not exceeding 30 days.
3.
If the penalty is not paid, the Township may initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this Part that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Township may enforce this Part in equity in
the Court of Common Pleas of Montgomery County.
4.
Nonexclusive Remedies. The penalty provisions of this Part shall
not limit the ability of the Township to enforce other Township ordinances
and to utilize the penalties, remedies and procedures provided under
such other Township ordinances and/or federal or commonwealth laws.
