Bill Text: TX HB3856 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the regulation of the conduct of certain counseling professions.

Spectrum: Partisan Bill (Republican 19-0)

Status: (Introduced - Dead) 2017-03-30 - Referred to State Affairs [HB3856 Detail]

Download: Texas-2017-HB3856-Introduced.html
  85R4392 KKR-F
 
  By: Rinaldi H.B. No. 3856
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of the conduct of certain counseling
  professions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 501, Occupations Code, is
  amended by adding Section 501.0031 to read as follows:
         Sec. 501.0031.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) In
  this section, "psychological services" has the meaning assigned by
  Section 501.003.
         (b)  A person who holds a license under this chapter may
  refuse to provide a psychological service to a person if providing
  the service would cause the license holder to violate a sincerely
  held religious belief.
         (c)  A license holder who refuses to provide a psychological
  service to a person under Subsection (b) shall coordinate a
  referral of the person to a psychologist, marriage and family
  therapist, licensed professional counselor, chemical dependency
  counselor, or social worker, as appropriate, who agrees to provide
  the counseling or therapy service.
         (d)  The board may not take disciplinary action against or
  impose an administrative penalty on a license holder based on the
  license holder's refusal to provide a psychological service under
  Subsection (b).
         (e)  A person may not bring a cause of action against a
  license holder based on the license holder's refusal to provide a
  psychological service under Subsection (b).
         (f)  This state or a political subdivision of this state may
  not penalize or withhold benefits, including tax exemptions,
  governmental contracts, or grants, from a license holder based on
  the license holder's refusal to provide a psychological service
  under Subsection (b).
         (g)  A license holder's refusal to provide a psychological
  service under Subsection (b) is not conduct that constitutes an
  element of a criminal offense.
         SECTION 2.  Subchapter A, Chapter 502, Occupations Code, is
  amended by adding Section 502.005 to read as follows:
         Sec. 502.005.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
  person who holds a license under this chapter may refuse to provide
  marriage and family therapy to a person if providing the therapy
  would cause the license holder to violate a sincerely held
  religious belief.
         (b)  A license holder who refuses to provide marriage and
  family therapy to a person under Subsection (a) shall coordinate a
  referral of the person to a psychologist, marriage and family
  therapist, licensed professional counselor, chemical dependency
  counselor, or social worker, as appropriate, who agrees to provide
  the counseling or therapy service.
         (c)  The board may not take disciplinary action against or
  impose an administrative penalty on a license holder based on the
  license holder's refusal to provide marriage and family therapy
  under Subsection (a).
         (d)  A person may not bring a cause of action against a
  license holder based on the license holder's refusal to provide
  marriage and family therapy under Subsection (a).
         (e)  This state or a political subdivision of this state may
  not penalize or withhold benefits, including tax exemptions,
  governmental contracts, or grants, from a license holder based on
  the license holder's refusal to provide marriage and family therapy
  under Subsection (a).
         (f)  A license holder's refusal to provide marriage and
  family therapy under Subsection (a) is not conduct that constitutes
  an element of a criminal offense.
         SECTION 3.  Subchapter A, Chapter 503, Occupations Code, is
  amended by adding Section 503.0031 to read as follows:
         Sec. 503.0031.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
  licensed professional counselor may refuse to provide a service
  within the practice of professional counseling to a person if
  providing the service would cause the counselor to violate a
  sincerely held religious belief.
         (b)  A licensed professional counselor who refuses to
  provide a service to a person under Subsection (a) shall coordinate
  a referral of the person to a psychologist, marriage and family
  therapist, licensed professional counselor, chemical dependency
  counselor, or social worker, as appropriate, who agrees to provide
  the counseling or therapy service.
         (c)  The board may not take disciplinary action against or
  impose an administrative penalty on a licensed professional
  counselor based on the counselor's refusal to provide a service
  under Subsection (a).
         (d)  A person may not bring a cause of action against a
  licensed professional counselor based on the counselor's refusal to
  provide a service under Subsection (a).
         (e)  This state or a political subdivision of this state may
  not penalize or withhold benefits, including tax exemptions,
  governmental contracts, or grants, from a licensed professional
  counselor based on the counselor's refusal to provide a service
  under Subsection (a).
         (f)  A licensed professional counselor's refusal to provide
  a service under Subsection (a) is not conduct that constitutes an
  element of a criminal offense.
         SECTION 4.  Subchapter A, Chapter 504, Occupations Code, is
  amended by adding Section 504.003 to read as follows:
         Sec. 504.003.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
  person who holds a license, registration, or certification under
  this chapter may refuse to provide chemical dependency counseling
  to a person if providing the counseling would cause the holder to
  violate a sincerely held religious belief.
         (b)  A license, registration, or certificate holder who
  refuses to provide chemical dependency counseling to a person under
  Subsection (a) shall coordinate a referral of the person to a
  psychologist, marriage and family therapist, licensed professional
  counselor, chemical dependency counselor, or social worker, as
  appropriate, who agrees to provide the counseling or therapy
  service.
         (c)  The department may not take disciplinary action against
  or impose an administrative penalty on a person who holds a license,
  registration, or certification based on the holder's refusal to
  provide chemical dependency counseling under Subsection (a).
         (d)  A person may not bring a cause of action against a person
  who holds a license, registration, or certification based on the
  holder's refusal to provide chemical dependency counseling under
  Subsection (a).
         (e)  This state or a political subdivision of this state may
  not penalize or withhold benefits, including tax exemptions,
  governmental contracts, or grants, from a license, registration, or
  certificate holder based on the holder's refusal to provide
  chemical dependency counseling under Subsection (a).
         (f)  A license, registration, or certificate holder's
  refusal to provide chemical dependency counseling under Subsection
  (a) is not conduct that constitutes an element of a criminal
  offense.
         SECTION 5.  Subchapter A, Chapter 505, Occupations Code, is
  amended by adding Section 505.0026 to read as follows:
         Sec. 505.0026.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
  social worker may refuse to provide a service within the practice of
  social work to a person if providing the service would cause the
  social worker to violate a sincerely held religious belief.
         (b)  A social worker who refuses to provide a service to a
  person under Subsection (a) shall coordinate a referral of the
  person to a psychologist, marriage and family therapist, licensed
  professional counselor, chemical dependency counselor, or social
  worker, as appropriate, who agrees to provide the counseling or
  therapy service.
         (c)  The board may not take disciplinary action against or
  impose an administrative penalty on a social worker based on the
  social worker's refusal to provide a service under Subsection (a).
         (d)  A person may not bring a cause of action against a social
  worker based on the social worker's refusal to provide a service
  under Subsection (a).
         (e)  This state or a political subdivision of this state may
  not penalize or withhold benefits, including tax exemptions,
  governmental contracts, or grants, from a social worker based on
  the social worker's refusal to provide a service under Subsection
  (a).
         (f)  A social worker's refusal to provide a service under
  Subsection (a) is not conduct that constitutes an element of a
  criminal offense. 
         SECTION 6.  The change in law made by this Act applies only
  to conduct that occurs on or after the effective date of this Act.
  Conduct that occurs before the effective date of this Act is
  governed by the law in effect on the date the conduct occurred, and
  the former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2017.
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