Texas Senate Bill SB439

Texas 2023 - 88th Regular

• Filed: 1/12/23

Caption

Relating to unprofessional conduct by mental health providers who attempt to change the sexual orientation of a child.

Impact

Should SB439 be enacted, it would significantly influence Texas law surrounding mental health care practices, especially in relation to the treatment of minors. By prohibiting conversion therapy and similar practices, the bill aligns with trends seen in various states that have already passed legislation to protect LGBTQ+ youth from such interventions. It emphasizes the importance of supportive counseling and affirms a child's capacity for identity exploration without coercive pressures to change their sexual orientation or gender identity.

Summary

SB439, introduced by Senator Menéndez, addresses the unprofessional conduct of mental health providers who attempt to change the sexual orientation of children under 18. The bill amends the Occupations Code, particularly Section 105, by adding specific sections defining what constitutes unprofessional conduct for mental health providers. It clearly states that any attempts to change a child's sexual orientation or to alter their gender identity or expression are considered forms of unprofessional conduct. The bill aims to safeguard children from practices deemed harmful and to reinforce the mental well-being of minors in Texas.

Sentiment

The sentiment surrounding SB439 is largely positive among LGBTQ+ advocacy groups and mental health professionals who see it as necessary in promoting the health and dignity of children. Supporters argue that the bill will protect vulnerable youth from damaging interventions and affirm their identities. Conversely, there has been opposition from certain conservative groups and individuals who feel that this legislation infringes upon parental rights and the freedoms of mental health practitioners in their therapeutic approaches.

Contention

The contention around SB439 primarily centers on the definition of unprofessional conduct and the implications it has for mental health counseling in the state. Critics argue that the bill may limit the ability of parents and mental health providers to choose the type of intervention they feel is appropriate for youth struggling with their sexual orientation or identity issues. Proponents, however, assert that the bill does not prohibit supportive therapy aimed at helping children understand and accept their identities but rather targets harmful practices that can have lasting negative impacts.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 105. Unprofessional Conduct By Health Care Provider
  • Section: New Section