Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter D - INTERPRETATIONS › STATEMENT OF POLICY › Section 21.416 - 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, the
						American Nurses Association, the American Academy of Nursing and the
						International Society of Psychiatric-Mental Health Nurses oppose 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 also 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 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 a licensee in this Commonwealth. Under section 14(a)(9)
						and (b) of the act (63 P.S. §
													224(a)(9) and
						(b)), the Board is authorized to impose
						disciplinary or corrective measures on a licensee 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.
(c)
Guidelines.
The
						following conversion therapy guidelines should be considered by a licensee 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 licensee, 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 licensee who uses conversion therapy on an
						individual under 18 years of age may be subject to discipline by the
						Board.