| 1 | 1 | | 85R2091 TSR-F |
|---|
| 2 | 2 | | By: Israel H.B. No. 569 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to unprofessional conduct by mental health providers who |
|---|
| 8 | 8 | | attempt to change the sexual orientation of a child; providing |
|---|
| 9 | 9 | | penalties. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. The heading to Chapter 105, Occupations Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | CHAPTER 105. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH |
|---|
| 14 | 14 | | CARE PROVIDER] |
|---|
| 15 | 15 | | SECTION 2. Chapter 105, Occupations Code, is amended by |
|---|
| 16 | 16 | | designating Sections 105.001 and 105.002 as Subchapter A and adding |
|---|
| 17 | 17 | | a subchapter heading to read as follows: |
|---|
| 18 | 18 | | SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY HEALTH CARE PROVIDER |
|---|
| 19 | 19 | | SECTION 3. Section 105.001, Occupations Code, is amended to |
|---|
| 20 | 20 | | read as follows: |
|---|
| 21 | 21 | | Sec. 105.001. DEFINITION. In this subchapter [chapter], |
|---|
| 22 | 22 | | "health care provider" means a person who furnishes services under |
|---|
| 23 | 23 | | a license, certificate, registration, or other authority issued by |
|---|
| 24 | 24 | | this state or another state to diagnose, prevent, alleviate, or |
|---|
| 25 | 25 | | cure a human illness or injury. |
|---|
| 26 | 26 | | SECTION 4. Chapter 105, Occupations Code, is amended by |
|---|
| 27 | 27 | | adding Subchapter B to read as follows: |
|---|
| 28 | 28 | | SUBCHAPTER B. UNPROFESSIONAL CONDUCT BY MENTAL HEALTH PROVIDER |
|---|
| 29 | 29 | | Sec. 105.051. DEFINITIONS. In this subchapter: |
|---|
| 30 | 30 | | (1) "Child" means an individual younger than 18 years |
|---|
| 31 | 31 | | of age. |
|---|
| 32 | 32 | | (2) "Gender identity or expression" means a person's |
|---|
| 33 | 33 | | having, or being perceived as having, a gender-related identity, |
|---|
| 34 | 34 | | appearance, expression, or behavior, whether or not that identity, |
|---|
| 35 | 35 | | appearance, expression, or behavior is different from that commonly |
|---|
| 36 | 36 | | associated with the person's assigned sex at birth. |
|---|
| 37 | 37 | | (3) "Mental health provider" means a: |
|---|
| 38 | 38 | | (A) chemical dependency counselor licensed under |
|---|
| 39 | 39 | | Chapter 504; |
|---|
| 40 | 40 | | (B) licensed professional counselor licensed |
|---|
| 41 | 41 | | under Chapter 503; |
|---|
| 42 | 42 | | (C) marriage and family therapist licensed under |
|---|
| 43 | 43 | | Chapter 502; |
|---|
| 44 | 44 | | (D) nurse licensed under Chapter 301; |
|---|
| 45 | 45 | | (E) physician licensed under Subtitle B; |
|---|
| 46 | 46 | | (F) psychologist licensed under Chapter 501; |
|---|
| 47 | 47 | | (G) sex offender treatment provider licensed |
|---|
| 48 | 48 | | under Chapter 110; |
|---|
| 49 | 49 | | (H) social worker licensed under Chapter 505; |
|---|
| 50 | 50 | | (I) special officer for offenders with mental |
|---|
| 51 | 51 | | impairments certified under Section 1701.404; or |
|---|
| 52 | 52 | | (J) another person licensed by this state to |
|---|
| 53 | 53 | | provide professional therapy or counseling services. |
|---|
| 54 | 54 | | (4) "Sexual orientation" means the actual or perceived |
|---|
| 55 | 55 | | status of an individual with respect to the individual's sexuality. |
|---|
| 56 | 56 | | Sec. 105.052. UNPROFESSIONAL CONDUCT. (a) A mental health |
|---|
| 57 | 57 | | provider engages in unprofessional conduct if, in the course of |
|---|
| 58 | 58 | | providing services to a child or minor, the mental health provider |
|---|
| 59 | 59 | | attempts to: |
|---|
| 60 | 60 | | (1) change the child's or minor's sexual orientation, |
|---|
| 61 | 61 | | including by attempting to change the child's or minor's behavior or |
|---|
| 62 | 62 | | gender identity or expression; or |
|---|
| 63 | 63 | | (2) eliminate or reduce the child's or minor's sexual |
|---|
| 64 | 64 | | or romantic attractions or feelings toward individuals of the same |
|---|
| 65 | 65 | | sex. |
|---|
| 66 | 66 | | (b) Subsection (a) does not apply to counseling that: |
|---|
| 67 | 67 | | (1) provides acceptance, support, and understanding |
|---|
| 68 | 68 | | of a child or minor or facilitates a child or minor's coping, social |
|---|
| 69 | 69 | | support, and identity exploration and development, including |
|---|
| 70 | 70 | | sexual orientation-neutral interventions to prevent or address |
|---|
| 71 | 71 | | unlawful conduct or unsafe sexual practices, if that counseling |
|---|
| 72 | 72 | | does not seek to change sexual orientation or gender identity; or |
|---|
| 73 | 73 | | (2) provides support to a child or minor undergoing |
|---|
| 74 | 74 | | gender transition in accordance with established standards of care. |
|---|
| 75 | 75 | | (c) A mental health provider who commits unprofessional |
|---|
| 76 | 76 | | conduct under Subsection (a) is subject to disciplinary action by |
|---|
| 77 | 77 | | any state regulatory entity with the power to take disciplinary |
|---|
| 78 | 78 | | action against that mental health provider. |
|---|
| 79 | 79 | | SECTION 5. This Act takes effect September 1, 2017. |
|---|