Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 16 - STATE BOARD OF MEDICINE-GENERAL PROVISIONS › Subchapter E - MEDICAL DISCIPLINARY PROCESS AND PROCEDURES › UNPROFESSIONAL AND IMMORAL CONDUCT › Section 16.63 - Conversion therapy, sexual orientation change efforts and reparative therapy-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(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. The American Medical Association opposes
						the use of conversion therapy for sexual orientation or gender identity. 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
						Board-regulated practitioners in this Commonwealth. Under section 41(8) of the
						act (63 P.S. §
													422.41(8)), the Board is
						authorized to impose disciplinary or corrective measures on a Board-regulated
						practitioner for being guilty of immoral or unprofessional conduct, which
						includes departure from or failing to conform to an ethical or quality standard
						of the profession and conduct specified under §
												16.61 (relating to unprofessional
						and immoral conduct).
(c)
Guidelines.
The following conversion therapy guidelines should
						be considered by Board-regulated practitioners 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 Board-regulated practitioner, the
						Board may find the use of conversion therapy on an individual under 18 years of
						age to be unethical, immoral or unprofessional conduct. A Board-regulated
						practitioner who uses conversion therapy on an individual under 18 years of age
						may be subject to discipline by the Board.