[HISTORY: Adopted by the County Legislature of the County
of Ulster 6-19-2018 by L.L. No.
3-2018. Amendments noted where applicable.]
A.ย
The purpose of this chapter is to ensure the physical and psychological
well-being of minors by protecting Ulster County youth from nefarious
and unsubstantiated quasi-medical practices.
B.ย
The Ulster County Legislature finds that there is significant and
substantial evidence that reparative, otherwise known as conversion
therapy, causes serious psychological harm to minors who have been
exposed to sexual orientation or gender identity change efforts, including
higher instances of depression, anxiety, substance abuse and even
suicide.
C.ย
The Ulster County Legislature further finds that conversion therapy
has been discredited by virtually every American medical, psychiatric,
psychological and professional counseling organization, including:
American Academy of Child Adolescent Psychiatry, American Academy
of Pediatrics, American Association for Marriage and Family Therapy,
American College of Physicians, American Counseling Association, American
Medical Association, American Psychiatric Association, American Psychoanalytic
Association, American Psychological Association, American School Counselor
Association, American School Health Association, National Association
of Social Workers, World Health Organization and the World Psychiatric
Association.
D.ย
The Ulster County Legislature strives to promote an inclusive and
supportive culture, ensuring all visitors and residents of Ulster
County feel welcome. The Ulster County Legislature desires to show
solidarity with the nine states and numerous cities and counties throughout
the country, including New York City and Erie County within New York
State, by recognizing the harm conversion therapy causes children
and young adults by enacting a local law which bans the practice in
Ulster County.
As used in this chapter, the following terms shall have the
meanings indicated:
Any formal treatment that aims to change sexual orientation
and gender identity of a minor. This includes attempting to change
a person's sexual orientation from homosexual to heterosexual
as well as from heterosexual to homosexual.
A continued effort through a program or through many sessions
or meetings to change a minor's sexual identity or orientation.
Any person less than 18 years of age.
Has the same meaning as conversion therapy.
Conversion therapy, reparative therapy, or any other practice
that seeks to change an individual's sexual orientation or gender
identity. "Sexual orientation or gender identity change efforts" do
not include psychotherapies that provide acceptance, support, and
understanding for clients and, in addition, do not prohibit clergy
from pastoral counseling, teaching, or relaying of their religion's
doctrine.
The administering of sexual orientation or gender identity change
efforts, conversion therapy, or reparative therapy upon a minor within
the geographic boundaries of the County of Ulster is prohibited.
Any person who knowingly violates the provisions of this chapter
shall be guilty of an unspecified misdemeanor punishable by a fine
of up to $5,000 and/or up to one year in prison, and any applicable
licensing board will be notified.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This chapter shall take effect upon filing with the Secretary
of State.