Bill Text: TX HB517 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to unprofessional conduct by mental health providers who attempt to change the sexual orientation of a child; providing penalties.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced) 2019-02-20 - Referred to Public Health [HB517 Detail]

Download: Texas-2019-HB517-Introduced.html
  86R395 KKR-D
 
  By: Israel H.B. No. 517
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to unprofessional conduct by mental health providers who
  attempt to change the sexual orientation of a child; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 105, Occupations Code, is
  amended to read as follows:
  CHAPTER 105. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH
  CARE PROVIDER]
         SECTION 2.  Chapter 105, Occupations Code, is amended by
  designating Sections 105.001 and 105.002 as Subchapter A and adding
  a subchapter heading to read as follows:
  SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY HEALTH CARE PROVIDER
         SECTION 3.  Section 105.001, Occupations Code, is amended to
  read as follows:
         Sec. 105.001.  DEFINITION. In this subchapter [chapter],
  "health care provider" means a person who furnishes services under
  a license, certificate, registration, or other authority issued by
  this state or another state to diagnose, prevent, alleviate, or
  cure a human illness or injury.
         SECTION 4.  Chapter 105, Occupations Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B. UNPROFESSIONAL CONDUCT BY MENTAL HEALTH PROVIDER
         Sec. 105.051.  DEFINITIONS. In this subchapter:
               (1)  "Child" means an individual younger than 18 years
  of age.
               (2)  "Gender identity or expression" means a person's
  having, or being perceived as having, a gender-related identity,
  appearance, expression, or behavior, whether or not that identity,
  appearance, expression, or behavior is different from that commonly
  associated with the person's assigned sex at birth.
               (3)  "Mental health provider" means:
                     (A)  a behavior analyst licensed under Chapter
  506;
                     (B)  a chemical dependency counselor licensed
  under Chapter 504;
                     (C)  a licensed professional counselor licensed
  under Chapter 503;
                     (D)  a marriage and family therapist licensed
  under Chapter 502;
                     (E)  a nurse licensed under Chapter 301;
                     (F)  a physician licensed under Subtitle B;
                     (G)  a psychologist licensed under Chapter 501;
                     (H)  a sex offender treatment provider licensed
  under Chapter 110;
                     (I)  a social worker licensed under Chapter 505;
                     (J)  a special officer for offenders with mental
  impairments certified under Section 1701.404; or
                     (K)  another person licensed by this state to
  provide professional therapy or counseling services.
               (4)  "Sexual orientation" means the actual or perceived
  status of an individual with respect to the individual's sexuality.
         Sec. 105.052.  UNPROFESSIONAL CONDUCT. (a) A mental health
  provider engages in unprofessional conduct if, in the course of
  providing services to a child, the mental health provider attempts
  to:
               (1)  change the child's sexual orientation, including
  by attempting to change the child's behavior or gender identity or
  expression; or
               (2)  eliminate or reduce the child's sexual or romantic
  attractions or feelings toward individuals of the same sex.
         (b)  Subsection (a) does not apply to counseling that:
               (1)  provides acceptance, support, and understanding
  of a child or facilitates a child's coping, social support, and
  identity exploration and development, including sexual
  orientation-neutral interventions to prevent or address unlawful
  conduct or unsafe sexual practices, if that counseling does not
  seek to change sexual orientation or gender identity or expression;
  or
               (2)  provides support to a child undergoing gender
  transition in accordance with established standards of care.
         (c)  A mental health provider who commits unprofessional
  conduct under Subsection (a) is subject to disciplinary action by
  any state regulatory entity with the power to take disciplinary
  action against that mental health provider.
         SECTION 5.  This Act takes effect September 1, 2019.
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