Texas House Bill HB3856

Texas 2017 - 85th Regular

Caption

Relating to the regulation of the conduct of certain counseling professions.

Impact

The implications of HB 3856 are significant as it formalizes the rights of counselors to refuse service based on personal beliefs, thereby setting a precedent for religious exemptions within licensed professions. By preventing disciplinary actions against these professionals when they decline to offer certain services, the bill could potentially lead to a fragmentation of care based on the personal beliefs of providers. This aspect may also create situations where individuals seeking counseling could face difficulties in receiving needed services if they are referred away frequently due to such refusals.

Summary

House Bill 3856 addresses the conduct of certain counseling professions in Texas, allowing licensed professionals to refuse the provision of services if such provision would conflict with their sincerely held religious beliefs. This bill amends multiple chapters of the Occupations Code, specifically Chapters 501, 502, 503, and 504, which involve psychological services, marriage and family therapy, and professional counseling. A crucial aspect of this bill is its explicit protection for practitioners who choose to abstain from providing certain counseling services on religious grounds, while ensuring that they refer clients to other appropriate professionals.

Contention

Opponents of the bill may argue that it could compromise the accessibility of mental health services, particularly for marginalized communities who may already face barriers to care. Critics fear that this legislation could pave the way for service refusal based on various discriminatory factors disguised as religious beliefs, further challenging the principles of equitable access to mental health care in Texas. Proponents maintain that this legislation is crucial for protecting the moral and ethical stances of practitioners, emphasizing the importance of personal freedom in the delivery of professional services.