Legislature(2023 - 2024)DAVIS 106
03/16/2023 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB43 | |
| HB52 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 43 | TELECONFERENCED | |
| += | HB 52 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 43-CONVERSION THERAPY PROHIBITIONS
3:05:55 PM
CHAIR PRAX announced that the first order of business would be
HOUSE BILL NO. 43, "An Act relating to professional and
occupational licensing; and relating to treatment to change the
sexual orientations or gender identities of children and
vulnerable adults."
3:06:36 PM
REPRESENTATIVE SARA HANNAN, Alaska State Legislature, as prime
sponsor, introduced HB 43. She stated that the proposed
legislation came out of her work on the Suicide Prevention
Council, as it is tasked to find the root causes of suicide and
ways to promote harm reduction for Alaskans. She reported that
conversion therapy had been found to be a contributor to
suicidal behavior and ideation. She expressed the opinion that
the first step to solve Alaska's mental health crisis is to look
at the statistics for at risk populations. She reported that
people who identify as lesbian, gay, bisexual, transgender, and
queer (LGBTQ) are at a higher risk of suicide than peers, and
people who have been subjected to conversion therapy to change
their sexual orientation exhibit an additional rate of risk.
She reported that 20 other states have conversion therapy bans.
She added that it has been deemed by multiple national
psychology organizations as an unscientific practice. She
iterated that HB 43 focuses on the licensure and regulation of
health care practitioners. She noted that a committee
substitute has been drafted to remove unwanted language from the
original version and to keep the focus on licensure, as
intended.
3:10:12 PM
REPRESENTATIVE Ruffridge moved to adopt the proposed committee
substitute (CS) for HB 43, Version 33-LS0186\B, Dunmire,
2/14/23, ("Version B") as the working document. There being no
objection, Version B was before the committee.
3:10:53 PM
HUNTER MEACHUM, Staff, Representative Sara Hannan, Alaska State
Legislature, on behalf of Representative Hannan, prime sponsor,
presented the sectional analysis for HB 43, Version B [copy
included in the committee packet], which reads as follows
[original punctuation provided]:
HB 43 would prohibit physicians, physician assistants,
psychiatrists, psychologists, psychological associates,
and other "practitioners of the healing arts" licensed by
the state from treating a person under the age of 18 or a
vulnerable adult with a therapy or regimen that seeks to
change their sexual orientation or gender identity.
Section 1 amends AS 08.01.077 to include treating an
individual under the age of 18 or a vulnerable adult with
a "conversion therapy" as among the grounds a department
or board may consider for disciplining or sanctioning a
person licensed, certified, or regulated by that
department or board.
Section 2 adds a new subsection under AS 47.17.024 to
stipulate that a practitioner of the healing arts
licensed under state statute may not treat an individual
under the age of 18 with a therapy or other regimen that
seeks to change the individual's sexual orientation or
gender identity. Religious healing practitioners are
exempted from the prohibition. Section 2 also specifies
certain varieties of counseling to which the prohibition
does not apply.
Section 3 of the bill adds a new subsection to AS 47.24
to stipulate that a practitioner of the healing arts
licensed under state statute may not treat a vulnerable
adult with a therapy or other regimen that seeks to
change the individual's sexual orientation or gender
identity. Again, religious healing practitioners are
exempted from the prohibition, and the section also
specifies certain varieties of counseling to which the
subsection does not apply.
Section 4 states that the provisions of the bill apply to
conduct that occurs on or after the effective date of the
Act.
3:13:59 PM
MATHEW SHURKA, Co-Founder and Chief Strategist, National Center
for Lesbian Rights, Born Perfect Campaign, provided invited
testimony on HB 43, Version B. He explained that the Born
Perfect Campaign represents survivors of conversion therapy. He
stated that 20 states and 120 municipalities have passed similar
legislation and ordinances prohibiting conversion therapy have
been passed, all with bipartisan support. He asserted that
evidence backs the understanding that conversion therapy is
harmful, fraudulent, and can cause lifelong damage, including
potential suicide. He explained that he is 1 of the 700,000
Americans who have experienced conversion therapy. He stated
that Born Perfect tracks conversion therapy survivors and their
experiences from first-hand accounts. He expressed the
understanding that in Alaska there is a referral system between
licensed practitioners, pastors, and other individuals who
recommend conversion therapy. As an example, he shared his
personal history of 5 years in conversion therapy, which started
at the age of 16. He emphasized that all the therapists he saw
were licensed by their corresponding state. He shared that
after coming out as gay to his father, his father found a
therapist who believed that being gay was a curable mental
illness. The therapist insisted that all people were innately
heterosexual and being gay was caused by childhood trauma. He
stated that he had trusted his father and began the therapy;
however, the therapist was puzzled because of the lack of any
childhood trauma present. His therapists posited that he was
experiencing "same sex attraction" because he was too close to
his mother and sisters and not close enough to his father. The
treatment began by removing his ability to speak to his mother
or his sisters for three years, and this was to discourage his
use of "feminine behaviors."
MR. SHURKA stated that he developed severe depression and
suicidal thoughts during the second year of his treatment, even
though he believed that the treatment was working. He shared
that he was eventually encouraged to engage sexually with women
and given step-by-step instructions on how to do so. However,
he expressed that this form of treatment had caused him extreme
anxiety, to the point he was not able to perform sexually. Even
though he was a "healthy 17-year-old boy" who did not suffer
from erectile dysfunction, his therapist gave him Viagra through
a prescription written in his father's name, claiming this would
allow him to be more confident in pursuing relationships with
the opposite sex. He reported that his parents spent over
$35,000 for the conversion therapy and he eventually dropped out
of college because of anxiety and depression. He described the
experience as artificial, humiliating, and demeaning. He argued
that every licensed therapist should know conversion therapy is
fraudulent, as it has no scientific backing. He argued that no
therapist licensed by the state should be able to prescribe
conversion therapy to children. He said that his organization
has been working with therapists who used to conduct conversion
therapy for decades but now publicly denounce the practice. He
stated that 25 of these therapists have signed a letter in
support of HB 43.
3:20:48 PM
CHAIR PRAX asked whether the letter was included in the
committee materials.
MR. SHURKA stated that it was not yet but would be given to the
committee as soon as possible.
3:21:30 PM
CASEY PICK, Director, Law and Policy, The Trevor Project,
provided invited testimony on HB 43, Version B, via a written
statement, which was read for the record by Mr. Shurka. The
statement read as follows [original punctuation provided]:
Good afternoon, my name is Casey Pick and I am the
Director of Law and Policy for the Trevor Project. I
am also an attorney with over a decade's experience
with LGBTQ legislation [in support] of laws like this
one. I'd like to thank [you for] the opportunity to
express the Trevor Project's strong support of House
Bill 43, which protects youth under the age of 18 from
sexual orientation/gender identity change efforts,
sometimes known as conversion therapy, at the hands of
licensed professionals. 20 states and nearly 100
municipalities have passed similar legislation, which
has been consistently upheld, was carefully crafted,
and now tailored to protect the mental health and
wellbeing of LGTBQ youth. Alaska should be proud to
join their ranks. The Trevor Project is the leading
suicide prevention and crisis intervention
organization dedicated to serving LGBTQ young people.
They work every day to save young lives by providing
support through free and confidential 24/7 telephone
lifeline, chat, and text platforms. To further our
mission of ending LGBTQ youth suicide, Trevor is
dedicated to seeing the end of conversion therapy. In
doing so, we are aligning with every major medical and
mental health organization in condemning these
practices as harmful, ineffective, unethical, and
founded on unscientific theories [which have] been
debunked for decades. Trevor also conducts in-depth
research into issues effecting the mental health of
the youth we serve. Our 2022 national survey on LGBTQ
mental health surveyed nearly 34,000 respondents
between the ages of 13-24 and found that 17 percent of
these youth reported being threatened with subjected
to conversion therapy (the breakdown is 11 percent
threatened and 6 percent subjected to the practice).
Tragically, LGBT youth who reported being subjected to
or threated with conversion therapy have also
attempted suicide at more than twice the rate of their
peers who did not, at rates of 28 percent versus 11
percent. However, research also shows these youth are
more than two and a half times more likely to report
multiple suicide attempts in the previous 12 months
(between 2021 and 2022). You can read more about this
peer reviewed article in the American Journal of
Public Health. In the past year alone, our crisis
services have responded to over 700 contacts from
Alaska alone, which we estimate is a small fraction of
the LGBTQ youth in Alaska who seriously considered
suicide in the past year. Nationally, many of the
young people we serve are conversion therapy survivors
or are afraid their family members will put them
through this. Our counselors don't ask about
conversion therapy directly when a youth calls in
during a crisis, but in the last year 1,300 contacts
across the U.S. explicitly raised the topic
themselves. These contacts came from almost every
state and from more than 600 different cities and
towns across the country. Some of these youth contact
us because their parents are threatening to send them
to conversion therapy. Others call us because they are
actually undergoing such treatments and it's not
working, and their feelings of isolation and failure
contribute to suicidal thoughts and behaviors. Many
are afraid to come out because they fear it will
result in somebody trying to change them. Some are
looking for support to get out of conversion therap.
Especially relevant to our discussion today, it is not
uncommon for young people to call us expressing relief
that conversion therapy is illegal where they live
currently. There is one more piece of research I would
like to share with you today. Medical experts have
known for decades that conversion therapy contributes
to elevated rates of mental health struggles,
including depression, anxiety, substance abuse, and
suicide attempts. In 2022 JAMA Pediatrics, a peer
reviewed journal of the American Medical Association,
published an article which used health economics to
find an annual direct cost of conversion therapy in
the United States, which is $650 million. Worse, the
indirect cost associated with depression, suicide
attempts, etcetera, totals more than $8 billion
nationwide. While it is powerful to hear these harms
put in terms of dollars and cents, I need to remind
you that these astronomical figures represent the
suffering of individuals, of our friends, neighbors,
students, and children. As to the concern that is
sometimes raised that protections like this interfere
with the ability of parents to raise their children,
that is simply not the case. It is long established
that the fundamental rights of parents do not include
endangering their children by forcing them to undergo
medical practices that have been rejected by the
scientific community [and] had [been] discredited [as]
harmful. The law protects against the forms of child
endangerment. In fact, this bill will protect parents
from being taken advantage of and from the
heartbreaking way these practices tear families apart.
As to questions raised by conversion therapy
proponents about the constitutionality of protections
for youth from these practices, policy makers can be
assured that multiple federal courts, including the
ninth circuit court of appeals once again in January
of this year, have upheld similar laws protecting
youth from conversion therapy. The power of states to
regulate medical treatments including professional
therapy to insure the public's health and safety is
long established in supreme court precedent. Indeed,
it is [the] core purpose of professional licensing
boards to regulate potentially dangerous medical
treatments, conversion therapy is no exception. This
bill does not restrict any protected first amendment
speech, it prohibits discredited treatments by state
licensed mental health care professionals. It does not
apply to clergy or to individuals who provide purely
religious instruction. It also does not prevent anyone
from publishing, discussing, or advocating any
viewpoints or beliefs regarding sexual orientation,
gender identity, or anything else. We want youth in
Alaska to grow up knowing they are loved supported,
[and] can thrive as their authentic selves. This bill
[would] not only provide a real remedy for survivors
of conversion therapy but also serve to educate the
families of these youth who come out that this
practice [is] discredited and dangerous. For these
reasons, on behalf of the youth who depend on our
services, the Trevor Project strongly supports House
Bill 43. Thank you for your consideration.
3:29:08 PM
DUSTIN MORRIS, Alaska Director, American Foundation for Suicide
Prevention, expressed support for HB 43, Version B, on behalf of
the foundation. He stated that the mission of the foundation is
to save lives and provide hope to those who are suicidal. He
mentioned that in addition to the states that have already
passed similar legislation, Utah is posed to be the twenty-first
state. He asserted that Alaska should be on par with the rest
of the country in protecting Alaska's children. He suggested
that passing Version B would align with Governor Dunleavy's
promise to make Alaska the most pro-child state in the nation.
He reported that one in eight LGBTQ children have attempted
suicide in the last year, and this has contributed to the rising
suicide rates in Alaska. He noted that the 220 suicides in 2021
serves as the highest on record in the state. He stated that
more could be done to support all Alaskans, but especially youth
and vulnerable populations. He reiterated that passing the
proposed legislation would meet this goal. He emphasized that
every major health organization has negated conversion therapy,
as it has no scientific basis. He posited that the committee
members are aware of the mental health issues facing Alaskans,
and he argued that this would be one step forward towards a
solution.
3:31:48 PM
LEVI FOSTER, representing self, shared that he was born in
Anchorage and raised in Wasilla. He stated that he came out as
gay at the age of 16. He related that he had been "terrified"
of the potential consequences of coming out; however, he did not
want to hide an integral part of himself from his family. He
stated that after his parents sought advice from a bishop at
their church, a therapist was suggested. He reported that the
therapist told his family he suffered from "same sex
attraction," and the therapist described it as a "curable
psychological disorder." He stated that, as a 16-year-old, he
was told by the therapist he was "broken and needed to be fixed"
and was "unlovable." He explained that this was damaging, as it
became a subconscious fear, which took decades to undo. He
stated that he had expressed to his therapist that he wanted a
happy life and love from his parents; however, his therapist had
said he would only achieve this if he "pushed" himself to be
straight. He reported that after the original treatments were
unsuccessful, his therapist suggested he be sent to a more
intensive therapy program. From the experience at the new
facility, he began questioning the efficacy of the treatments to
be "reprogrammed." He recalled that at the new facility
emotional abuse and manipulation was extremely transparent, as
there were no signs of it accomplishing its purpose, as not a
single individual in therapy had changed. He described that the
other patients had deep despair, which was proof the treatments
were breaking their mental health into pieces.
MR. FOSTER stated that the teachings of conversion therapy
stressed the concept that being gay was to be forever alone, and
this caused many patients to hide their true nature. He shared
that he had reached a breaking point and decided to either leave
the facility or end his life. While he was able to escape, most
of the patients he met have since taken their own lives. He
explained that after leaving the facility he did not have
contact with his parents until he was 18, and this was to ensure
they could not send him back. He shared that when he did
reconnect with his parents, they were remorseful and angry, as
they felt deceived by the therapists and religious leaders. He
shared that before his mother passed away in 2016, she had
conveyed to him that she wished she had provided the support he
needed when he came out. He said that today he lives with his
husband in New York and has found happiness and love despite the
trauma he experienced. He stated that he is still healing from
the past, and he expressed the hope that sharing his story will
help prevent similar hurt to LGBTQ children across Alaska. He
asked the committee to take this bill as an opportunity to stand
with the consensus of medical professionals in the awareness
that conversion therapy is an unscientific practice, so the
perpetuation of "abuse disguised as therapy" will stop.
3:38:28 PM
REPRESENTATIVE HANNAN urged the committee to listen and feel
these testimonies. She pointed out that Alaska has "horrifying"
statistics for suicide. She stated that breaking down the
complex issue of providing legislative help for the mental
health crisis is difficult; however, she asserted that Version B
could make real headway in reducing harm for at-risk youth.
3:39:43 PM
REPRESENTATIVE SUMNER noted that Section 2 of the bill lists the
types of therapy and treatments being prohibited; however,
gender transition therapy would not be effected by the bill. He
questioned an explanation of the difference between conversion
and gender transition therapy.
3:40:20 PM
MS. MEACHUM explained that the proposed legislation defines what
conversion therapy is and states which therapies are acceptable.
She directly quoted the definition of conversion therapy found
in Section 2, as follows:
a therapy or another regimen that seeks to change the
individual's sexual orientation or gender identity,
including efforts to change behavior or gender
expression or reduce or eliminate sexual or romantic
attraction or feelings toward a person of the same
gender. This subsection does not apply to counseling
that provides support and assistance to an individual
undergoing gender transition or counseling that
provides acceptance, support, and understanding of an
individual or facilitates an individual's coping,
social support, and identity exploration and
development.
3:41:43 PM
REPRESENTATIVE SUMNER expressed his continuing confusion about
the difference between providing counseling to change someone's
gender and conversion therapy to change someone's sexual
orientation. He noted other issues, positing that a child could
be convinced to receive other types of [potentially harmful]
therapy.
3:43:04 PM
REPRESENTATIVE HANNAN clarified that the language of the bill
was designed to prohibit therapy harmful to those coming out as
gay, but not meant to restrict practitioners who support
transgender children through therapy. She reiterated that the
goal of the proposed legislation would be to prevent licensed
therapists from "converting" someone.
3:44:11 PM
REPRESENTATIVE RUFFRIDGE expressed that he shared Representative
Sumner's confusion on Section 2. He stated that from an
objective standpoint, the bill reads as a prohibition of all
therapy seeking to change a patient's gender identity or sexual
orientation, and it is not specific to conversion therapy.
MS. MEACHUM expressed the opinion that the bill would not
prohibit counselling to support gender-affirming care, as it
does not dictate that a particular kind of orientation is "not
okay." She explained that the first part of the subsection
defines "conversion therapy" as treatments that seek to change
the sexual orientation or gender identity of an individual.
3:46:41 PM
REPRESENTATIVE FIELDS inquired how other states have defined
conversion therapy bans. He posited that not including language
about what would still be allowed would make the bill easier to
interpret.
MS. MEACHUM replied that she would report back to the committee
with the requested information.
3:47:18 PM
CHAIR PRAX announced that CSHB 43, Version B, was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 43 AK Public Media Article--Anchorage Assembly Passes Ban on Conversion Therapy 2.8.2023.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Associations Position Statements 2.8.2023.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Definition of Practitioner of Healing Arts 2.8.2023.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Family Acceptance Project Study Summary 2.8.23.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 NYTimes Article --Canada Bans Conversion Therapy 2.8.2023.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Sectional Analysis version A.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Sponsor Statement.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Version A.PDF |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Welch v. Brown 9th Cir. Opinion 2.8.23.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Blank Committee Substitute.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Explanation of Changes, Version B 2.14.23.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Ver. B Sectional Analysis 02.16.2023.pdf |
HHSS 2/18/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 52 - v.A.PDF |
HHSS 3/2/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 - Sponsor Statement.pdf |
HHSS 3/2/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 - Sectional Analysis.pdf |
HHSS 3/2/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 - Slideshow Presentation (03-01-23).pdf |
HHSS 3/2/2023 3:00:00 PM HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 43 Fiscal Note DCCED.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 43 Fiscal Note DFCS-OCS.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 52 Fiscal Note FCS-PH.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 Fiscal Note DOH-HFLC.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 Fiscal Note DOH-BHA.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 Support Letters.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 43 Opposition Letter.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 43 |
| HB 52 Support Letters Redacted.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 AHHA Mark Up.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 52 |
| HB 52 Support letters Omnibus_Redacted.pdf |
HHSS 3/16/2023 3:00:00 PM |
HB 52 |