North Carolina HB 494: Mental Health Protection Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 494

Short Title: Mental Health Protection Act. (Public)
Sponsors: Representative Dahle.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 25, 2025
*H494-v-1*
A BILL TO BE ENTITLED 1
AN ACT CONCERNING THE PROTECTION OF MINORS AND ADULTS WHO HAVE 2
DISABILITIES FROM ATTEMPTS TO CHANGE SEXUAL ORIENTATION, GENDER 3
IDENTITY, AND GENDER EXPRESSION. 4
Whereas, contemporary science recognizes that being lesbian, gay, bisexual, or 5
transgender is part of the natural spectrum of human identity and is not a disease, disorder, or 6
illness; and 7
Whereas, the American Psychological Association convened a Task Force on 8
Appropriate Therapeutic Responses to Sexual Orientation (Task Force). The Task Force 9
conducted a systemic review of peer-reviewed journal literature on sexual orientation change 10
efforts and issued a report on those efforts in 2009. The Task Force concluded that sexual 11
orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, 12
including confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, 13
suicidality, substance abuse, stress, disappointment, self-blame, decreased self-esteem and 14
authenticity to others, increased self-hatred, hostility and blame towards parents, feelings of 15
anger and betrayal, loss of friends and potential romantic partners, problems in sexual and 16
emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being 17
dehumanized and untrue to self, a loss of faith, and a sense of having wasted time and resources; 18
and 19
Whereas, in 2009, the American Psychological Association issued a resolution on 20
Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts, stating: 21
"[T]he [American Psychological Association] advises parents, guardians, young people, and their 22
families to avoid sexual orientation change efforts that portray homosexuality as a mental illness 23
or developmental disorder and to seek psychotherapy, social support, and educational services 24
that provide accurate information on sexual orientation and sexuality, increase family and school 25
support, and reduce rejection of sexual minority youth."; and 26
Whereas, the American Psychiatric Association published a position statement in 27
March of 2000 in which it stated the following: 28
"Psychotherapeutic modalities to convert or 'repair' homosexuality are based on 29
developmental theories whose scientific validity is questionable. Furthermore, anecdotal reports 30
of 'cures' are counterbalanced by anecdotal claims of psychological harm. In the last four decades, 31
'reparative' therapists have not produced any rigorous scientific research to substantiate their 32
claims of cure. Until there is such research available, [the American Psychiatric Association] 33
recommends that ethical practitioners refrain from attempts to change individuals' sexual 34
orientation, keeping in mind the medical dictum to first, do no harm." 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 494-First Edition
"The potential risks of reparative therapy are great, including depression, anxiety and 1
self-destructive behavior, since therapist alignment with societal prejudices against 2
homosexuality may reinforce self-hatred already experienced by the patient. Many patients who 3
have undergone reparative therapy relate that they were inaccurately told that homosexuals are 4
lonely, unhappy individuals who never achieve acceptance or satisfaction. The possibility that 5
the person might achieve happiness and satisfying interpersonal relationships as a gay man or 6
lesbian is not presented, nor are alternative approaches to dealing with the effects of societal 7
stigmatization discussed." 8
"Therefore, the American Psychiatric Association opposes any psychiatric treatment 9
such as reparative or conversion therapy which is based upon the assumption that homosexuality 10
per se is a mental disorder or based upon the a priori assumption that a patient should change his 11
or her sexual homosexual orientation."; and 12
Whereas, in 2013, the American Psychiatric Association expanded on that position, 13
stating: "The American Psychiatric Association does not believe that same-sex orientation should 14
or needs to be changed, and efforts to do so represent a significant risk of harm by subjecting 15
individuals to forms of treatment which have not been scientifically validated and by 16
undermining self-esteem when sexual orientation fails to change. No credible evidence exists 17
that any mental health intervention can reliably and safely change sexual orientation; nor, from 18
a mental health perspective does sexual orientation need to be changed."; and 19
Whereas, in 1993, the American Academy of Pediatrics published an ar