Conversion Therapy is already banned in Virginia. 

On behalf of the Commonwealth’s physicians, PAs, residents, and medical students, the Medical Society of Virginia (MSV) supports the petitioner’s request to ban behavior analysts from using conversion therapy, shock therapy, and the use of a graduated electronic decelerator to modify behavior. The petitioner’s request aligns with MSV policy prohibiting the use of conversation therapy or any similar practice.

Conversion therapy, which aims to change a person’s sexual orientation, has no substantial evidence-based research demonstrating its efficacy. The American Psychiatric Association has shown that conversion therapy increases the risk of depression, guilt, helplessness, suicidality, substance abuse, and high-risk sexual behaviors in LGBTQ youth.

As an organization of healthcare providers, the MSV is supportive of measures that aim to protect Virginians from serious illness, reduce the rate of hospitalizations, and ease the overall burden on our healthcare system. Conversion therapy achieves none of these noble objectives, and in fact, is proven to harm patients rather than help them. We therefore support the petitioner’s request.

To discuss this matter further, please contact Clark Barrineau, Assistant Vice President of Government Affairs and Health Policy at the Medical Society of Virginia, at cbarrineau@msv.org.

Thank you for the consideration.

The Family Foundation opposes this proposal as an unconstitutional limitation on free speech and religious exercise. Such a ban would also interfere impermissibly with the right of a patient to direct the purpose and goals of their therapy/counseling. These so-called “conversion therapy” bans have been struck down as unconstitutional by courts across the country as violating the free speech clause of the First Amendment. They represent classic “viewpoint discrimination”. The U.S. Supreme Court in the 2018 case of NIFLA v. Becerra made clear that so-called “professional speech” is no less protected by the First Amendment, even citing to a 9th Circuit Court case involving a ban on “conversion therapy.” Such a regulation would not be legally defensible, and the Board of Medicine should therefore reject at least that portion of the petition. 

But the Board should also reject such a ban on “conversion therapy” (certainly as is has been defined in VA Code section 54.1-2409.5) based on principle. The reality is that people can and DO change their mind, behavior, and desires relative to their sexuality all the time. This is not in dispute. To hear from hundreds of individuals for whom this is true, we encourage you to go to https://changedmovement.com/. Moreover, in order for anyone to become a Christian, they must first acknowledge their sin before a holy God, repent/turn from their sin (including homosexuality and “transgenderism”), and ask Jesus Christ to forgive them of their sin and make them into a “new creation”, being transformed in their heart, mind, and spirit. Prohibiting someone from promoting or receiving change in the ways proposed here would necessarily and directly attack the Christian “gospel” - a hostility towards religion that the law does not permit the government to maintain. For these reasons, we respectfully ask you to reject this petition. 

In 2020, the Virginia General Assembly passed a bill that prohibits conversion therapy (§ 54.1-2409.5. Conversion therapy prohibited (virginia.gov)). Conversion therapy, shock therapy, and the use of graduate electronic decelerators are not specific to the practice of behavior analysis and are not being used by behavior analysts in Virginia. Rather than amending the behavior analysis regulations, these subjects would be better addressed through broader legislation similar to that used for the prohibition of conversion therapy, where other professions that include behavior modification within their scopes of practice are also covered (psychiatry, psychology, and others).

Members of the Board of Medicine and the Behavior Analyst Advisory Board:

I write you today because this issue must be addressed. I am deeply disappointed in the Association for Professional Behavior Analysts, Behavior Analyst Certification Board, and Association for Behavior Analysis International for not speaking on this issue. Less than a month ago, they and many others commented on a petition that had to do with their license and over 100 comments. Yet, this one can’t even get ten. It clearly shows that their priorities are self involved and selfish in nature. See: https://townhall.virginia.gov/L/comments.cfm?petitionid=359

I am disappointed in the Virginia Association for Behavior Analysts for defending against this petition and the horrible practices that are taking place. The GED and shocking minor children does not happen outside the field of behavior analysis.

The anonymous is right, by statute, conversion therapy is banned in the State of Virginia. See 54.1-2409.5. Conversion therapy prohibited. The following Virginia Licenses take it a step further by adding it to their administrative rules:

Licensed Substance Abuse Treatment Practitioners

Licensed Marriage and Family Therapists

Licensed Professional Counselors

Medical and Osteopathic Doctors

This should apply to Behavior Analysts who work with some of the most vulnerable patients in Virginia. Those who have a disability effecting their ability to communicate.

Further, the statute does not block the shocking of minor children using the graduated electronic decelerator. This practice is actively used just a few states over in Canton, Massachusetts at the Judge Rotenberg Center. See: https://www.youtube.com/watch?v=Ko-ip3MImik. Virginia MUST stand up to this evil practice and say that it will not allow it.

I am extremely grateful to the Medical Society of Virginia and Clark Barrineau for standing up and saying that this is not okay. This takes leadership and courage.

To their point on "conversion therapy increases the risk of depression, guilt, helplessness, suicidality, substance abuse, and high-risk sexual behaviors in LGBTQ youth” I would add that also the shocking of children would likely have the same effect and not to mention the trauma.

I also want to go on record that the comment by Josh Hetzler is completely without merit for may reasons. First, minors enjoy constitutional rights including the right to be protected from sex based discrimination. Second, the patient likely underage has the right to treatment due process as required by law. 

For the record, the Virginia legislature has already banned the use of conversion therapy. What I as the petitioner am asking for is for shocking patients and conversion therapy to be expressly banned in the scope of practice of the regulations. 

Mr. Hetzler’s arguments are flawed. The board cannot refuse to follow a statute simply because they disagree. If Mr. Hetzler thinks he has a case the courts are the proper place to adjudicate not here. He should know this as an attorney which is why he said principle instead of citing case law. The Board of Medicine shall not consider any religious views but only the safety of patients including physical and mental health. This is required under the separation of church and state provisions of the Constitution. 

20 States plus the District of Columbia block the use of conversion therapy.

The Federal Fourth Circuit Court of Appeals has declined to issue injunctions on this in the past. See Christopher Doyle v Lawrence Hogan Jr. (2020). Pickup v Brown (2013). 

Mr. Hetzler’s OPINIONS are just that and are not a matter of law or weight to this body. If Mr. Hetzler feels this strong he should litigate the law. Instead, he seeks to try to get this body to violate the law.

His actions are indefensible. Let the people who have done the research on the effectiveness and traumatize aspects of this practice guide you.

I ask the board to remember its duty. Primum non nocere. First, Do No Harm.

Act NOW.

PS. I am a Christian too but the government MUST not consider religion because the Constitution is not a religious document. It is a logical one. One that gives patients the right to due process, humane treatment, and above all under the Eight Amendment prohibits cruel and unusual punishment. 

Punishment by definition is doing to the something environment to decrease behaviors from happening in the future. Conversion Therapy is a type of behaviorism that seeks to punish and discriminate against those for their sexual beliefs.

Thank you,

Professor Michael Moates, MA, QBA, LBA, LCMHC

Adjunct College Professor

Candidate for the Doctor of Education

Licensed Behavior Analyst - VA, AZ, VT, IA

Licensed Clinical Mental Health Counselor - FL, VT, IN, NH, NJ

Licensed Mental Health Professional - VA

Qualified Mental Health Professional - OR