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Bill

A 11306

Establishes a private right of action against mental health professionals who engaged in sexual orientation change efforts and revives such actions otherwise barred by the existing statute of limitations

2025 Regular Session

Creates a private civil remedy for harms from sexual orientation or gender identity change efforts by mental health professionals, with revived time-barred claims.

REFERRED TO JUDICIARY
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Bill Summary · A 11306

Overview

A 11306 is a New York bill introduced in the 2025-2026 session that creates a private right of action against mental health professionals who engage in sexual orientation change efforts (SOCE), and revives certain actions that may have been time-barred by the existing statute of limitations. It also establishes procedures to ensure timely adjudication of revived actions.

Main purpose and intent

  • Establish a private civil remedy for individuals harmed by sexual orientation or gender identity change efforts by mental health professionals.
  • Revive and allow the filing of older or time-barred claims (subject to specific revival windows) related to SOCE.
  • Provide procedural guidance to courts to adjudicate revived claims promptly.

Key provisions and changes

  1. New private right of action (Civil Rights Law § 52-e)
    • Targeted defendants:
      • Mental health professionals (as defined broadly to include licensees under Education Law articles 153, 154, or 163 and others designated as mental health professionals).
      • Any person or entity that employed, supervised, or had authority over a mental health professional if they knew or had reason to know about SOCE and failed to prevent it.
      • Parties responsible for negligent hiring, supervision, or retention of a professional who engaged in SOCE.
    • Scope of conduct:
      • Prohibits “sexual orientation or gender identity change efforts,” defined as attempts to change a person’s sexual orientation, gender identity, or related attractions/feelings (with explicit carve-outs for:
      • Counseling for transition from one gender to another, and
      • Psychotherapies that provide acceptance/support, non-coercive exploration, and do not seek to change sexual orientation).
    • Remedies:
      • Economic damages (medical expenses, mental health treatment costs, lost earnings, etc.)
      • Noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life)
      • Punitive damages in cases of willful, oppressive, fraudulent, or malicious conduct
      • Attorneys’ fees and costs

  • Causation framework:

    • General causation may be shown via expert testimony, literature, or other evidence connecting SOCE to psychological injury.
    • After establishing general causation, juries may infer specific causation from the exposure to SOCE unless the defendant proves the injury was caused by other factors.
    • Considerations for substantial factor causation include duration/intensity of efforts, vulnerability, relationship, timing, and other relevant factors.
    • Framework accommodates latent injuries and evolving scientific consensus about harm.

  • Expert testimony:

    • Allows testimony on the general psychological effects and the harms associated with SOCE, including consensus and latency periods.
    • No limitation on other relevant expert testimony.

  • Non-impairment clauses:

    • Does not limit other laws extending time to sue, other remedies, or Education Law provisions cited.

  • Legislative intent:

    • Broad remedial interpretation to aid survivors of SOCE.

  1. Revival of barred actions (Civil Practice Law and Rules § 214-k)

    • Repeats revival mechanism for claims barred by expired statutes of limitations or where a prior notice of claim was not filed.
    • Revival window: six months after and no later than three years after the act’s effective date.
    • Applies to actions against mental health professionals for SOCE and related negligent-hiring/retention claims.
    • Previously dismissed time-barred actions or failed notices may be revived and filed anew within the revival window.

  2. Revised rules for revived actions (CPLR § 3403(a)(7))

    • Amends reference to revival provisions to include § 214-k (and other revival provisions) when determining revival actions.

  3. Administrative rules for timely adjudication (Judiciary Law § 219-f)

    • The Chief Administrator of the Courts must promulgate rules to ensure timely adjudication of revived actions under § 214-k.

  4. Effective dates

    • Act takes effect immediately, with the revival-related provisions (section 4) taking effect three months after enactment.

Who is affected

  • Individuals who underwent SOCE or experienced harm from SOCE.
  • Mental health professionals who engaged in or were accused of SOCE.
  • Employers, supervisors, or organizations that had authority over mental health professionals and knew or should have known about SOCE.
  • Courts, the Office of Court Administration, and parties involved in revived actions.

Procedural and timeline aspects

  • Revival window: actions arising from SOCE can be revived if time-barred, with filing allowed 6 months to 3 years after the act’s effective date.
  • Revival does not dismiss previously time-barred actions solely because they were dismissed for statute limitations or lack of a claim notice.
  • New procedural rule requires prompt adjudication of revived actions (rules to be issued by the Chief Administrator of the Courts).
  • The act creates a unified framework for damages, causation, and expert testimony specific to SOCE-related harms.

Practical implications

  • Expands potential civil liability to a broader set of actors connected to SOCE.
  • Provides a pathway for survivors with previously time-barred claims to seek redress.
  • Adds a structured causation framework intended to reflect the scientific and clinical understanding of harm from SOCE.
  • Emphasizes timely resolution of revived cases through court administration rules.

Compiled from official sources — confirm details with the bill’s official record.

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