Bill Text: TX HB1190 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-26 - Referred to Public Health [HB1190 Detail]

Download: Texas-2019-HB1190-Introduced.html

---

86R395 KKR-D
By: Hernandez H.B. No. 1190

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.