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APA Annual Convention
Honolulu, Hawaii
August 2, 2013
What Happened
 Sen. Ted Lieu, with the encouragement of Equality
California, introduced a bill to ban the use of Sexual
Orientation Change Efforts by mental health
professionals in CA.
 No prior consultation or conversation with any mental
health organizations
 CPA was asked to support the bill, along with
California Psychiatric Association, CAMFT, and the
Licensed Professional Clinical Counselors.
What Happened Next?
 Major concern about the legislature stepping into
dictating clinical practice
 CPA’s advocacy team provided an analysis of the bill,
which initially included a wide open path to litigation
against psychologists and a prescribed consent form
that would have been required.
 Formed a coalition of the mental health professional
groups to discuss and explore the implications of the
legislation.
 All groups took an “oppose unless amended” position
The Devil is Always in the Details
 Never true than with legislation
 Began talking with Sen. Lieu’s office about the
troublesome parts of the bill. Quickly (in legislative
worlds) eliminated the path to litigation, and the
consent form.
 Goal was to be able to move from “oppose unless
amended” to “neutral” on the bill.
 Sticking point: definition of SOCE
CPA’s Role
 CPA took the lead in gathering the coalition together
to continue working on the language around the
definition of SOCE in order to get to a neutral position
 After several weeks, CPA asked Dr. Doug Haldeman to
fly to Sacramento to talk with Sen. Ted Lieu personally
 First time a clinician was involved in the process!
 Intense conversations with Equality CA lobbyist, other
organizations
 Sen. Lieu decided to limit the ban of SOCE to its use
with minors
 Many iterations of definition of SOCE, but finally all
organizations signed off (the night before the bill was
to be heard in committee)
 When bill was in Committee, all mental health
organizations changed position to “neutral”, allowing
the bill to get our of Committee
Success!
 Major milestone was to get the bill out of Committee
without opposition from mental health organizations
 Gratitude all around from the Senator, and Equality
California
 All other mental health organizations stepped aside,
sticking with the “neutral” position
But Wait! One More Chapter
 CPA’s Executive Committee was asked by CPA’s CEO
(me) to continue to consider a “support” position
 Chair of our Government Affairs Committee was
opposed
 Executive Committee ultimately voted to move to a
“support” position, based on the fact that we
considered SOCE to be “outside the continuum of
legitimate practice” and “potentially harmful to
minors.”
 By the time the bill was heard on the Assembly Floor
CPA was recognized as a sponsor of the Bill, and the
Speaker of the House gave a passionate argument to
the Assembly in support of the Bill
 Bill passed the Assembly, then went back to the Senate
and was passed.
 Governor signed the legislation in September 2012
Now We Wait
 The legislation was challenged in the Courts
 Two cases, with two different outcomes
 Now with the 9th Circuit, and we are waiting on the
outcome after hearing in April, 2013
 Pivot point, as described by one of the Judges, is
whether SOCE is “free speech” or a “medical treatment
that can be regulated by the government.”
Whatever Happens, This Raised
Awareness
 Huge interest in this topic
 25 (at least) interviews about this bill, far more than
any other piece of legislation recently
 Interviews included Al Jazeera American and the BBC
Northern Ireland
 Continued interested following SCOTUS rulings
 Fingers crossed…

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The legislating of social policy

  • 1. APA Annual Convention Honolulu, Hawaii August 2, 2013
  • 2. What Happened  Sen. Ted Lieu, with the encouragement of Equality California, introduced a bill to ban the use of Sexual Orientation Change Efforts by mental health professionals in CA.  No prior consultation or conversation with any mental health organizations  CPA was asked to support the bill, along with California Psychiatric Association, CAMFT, and the Licensed Professional Clinical Counselors.
  • 3. What Happened Next?  Major concern about the legislature stepping into dictating clinical practice  CPA’s advocacy team provided an analysis of the bill, which initially included a wide open path to litigation against psychologists and a prescribed consent form that would have been required.  Formed a coalition of the mental health professional groups to discuss and explore the implications of the legislation.  All groups took an “oppose unless amended” position
  • 4. The Devil is Always in the Details  Never true than with legislation  Began talking with Sen. Lieu’s office about the troublesome parts of the bill. Quickly (in legislative worlds) eliminated the path to litigation, and the consent form.  Goal was to be able to move from “oppose unless amended” to “neutral” on the bill.  Sticking point: definition of SOCE
  • 5. CPA’s Role  CPA took the lead in gathering the coalition together to continue working on the language around the definition of SOCE in order to get to a neutral position  After several weeks, CPA asked Dr. Doug Haldeman to fly to Sacramento to talk with Sen. Ted Lieu personally  First time a clinician was involved in the process!
  • 6.  Intense conversations with Equality CA lobbyist, other organizations  Sen. Lieu decided to limit the ban of SOCE to its use with minors  Many iterations of definition of SOCE, but finally all organizations signed off (the night before the bill was to be heard in committee)  When bill was in Committee, all mental health organizations changed position to “neutral”, allowing the bill to get our of Committee
  • 7. Success!  Major milestone was to get the bill out of Committee without opposition from mental health organizations  Gratitude all around from the Senator, and Equality California  All other mental health organizations stepped aside, sticking with the “neutral” position
  • 8. But Wait! One More Chapter  CPA’s Executive Committee was asked by CPA’s CEO (me) to continue to consider a “support” position  Chair of our Government Affairs Committee was opposed  Executive Committee ultimately voted to move to a “support” position, based on the fact that we considered SOCE to be “outside the continuum of legitimate practice” and “potentially harmful to minors.”
  • 9.  By the time the bill was heard on the Assembly Floor CPA was recognized as a sponsor of the Bill, and the Speaker of the House gave a passionate argument to the Assembly in support of the Bill  Bill passed the Assembly, then went back to the Senate and was passed.  Governor signed the legislation in September 2012
  • 10. Now We Wait  The legislation was challenged in the Courts  Two cases, with two different outcomes  Now with the 9th Circuit, and we are waiting on the outcome after hearing in April, 2013  Pivot point, as described by one of the Judges, is whether SOCE is “free speech” or a “medical treatment that can be regulated by the government.”
  • 11. Whatever Happens, This Raised Awareness  Huge interest in this topic  25 (at least) interviews about this bill, far more than any other piece of legislation recently  Interviews included Al Jazeera American and the BBC Northern Ireland  Continued interested following SCOTUS rulings  Fingers crossed…