85R4392 KKR-F
By: Rinaldi H.B. No. 3856
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.