| |
| |
|
|
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. |