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 | |
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| 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. | ||
