Texas 2017 - 85th Regular

Texas Senate Bill SB2096 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4392 KKR-F
2	2	By: Hall S.B. No. 2096
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the conduct of certain counseling
8	8	professions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 501, Occupations Code, is
11	11	amended by adding Section 501.0031 to read as follows:
12	12	Sec. 501.0031. REFUSAL BASED ON RELIGIOUS BELIEF. (a) In
13	13	this section, "psychological services" has the meaning assigned by
14	14	Section 501.003.
15	15	(b) A person who holds a license under this chapter may
16	16	refuse to provide a psychological service to a person if providing
17	17	the service would cause the license holder to violate a sincerely
18	18	held religious belief.
19	19	(c) A license holder who refuses to provide a psychological
20	20	service to a person under Subsection (b) shall coordinate a
21	21	referral of the person to a psychologist, marriage and family
22	22	therapist, licensed professional counselor, chemical dependency
23	23	counselor, or social worker, as appropriate, who agrees to provide
24	24	the counseling or therapy service.
25	25	(d) The board may not take disciplinary action against or
26	26	impose an administrative penalty on a license holder based on the
27	27	license holder's refusal to provide a psychological service under
28	28	Subsection (b).
29	29	(e) A person may not bring a cause of action against a
30	30	license holder based on the license holder's refusal to provide a
31	31	psychological service under Subsection (b).
32	32	(f) This state or a political subdivision of this state may
33	33	not penalize or withhold benefits, including tax exemptions,
34	34	governmental contracts, or grants, from a license holder based on
35	35	the license holder's refusal to provide a psychological service
36	36	under Subsection (b).
37	37	(g) A license holder's refusal to provide a psychological
38	38	service under Subsection (b) is not conduct that constitutes an
39	39	element of a criminal offense.
40	40	SECTION 2. Subchapter A, Chapter 502, Occupations Code, is
41	41	amended by adding Section 502.005 to read as follows:
42	42	Sec. 502.005. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
43	43	person who holds a license under this chapter may refuse to provide
44	44	marriage and family therapy to a person if providing the therapy
45	45	would cause the license holder to violate a sincerely held
46	46	religious belief.
47	47	(b) A license holder who refuses to provide marriage and
48	48	family therapy to a person under Subsection (a) shall coordinate a
49	49	referral of the person to a psychologist, marriage and family
50	50	therapist, licensed professional counselor, chemical dependency
51	51	counselor, or social worker, as appropriate, who agrees to provide
52	52	the counseling or therapy service.
53	53	(c) The board may not take disciplinary action against or
54	54	impose an administrative penalty on a license holder based on the
55	55	license holder's refusal to provide marriage and family therapy
56	56	under Subsection (a).
57	57	(d) A person may not bring a cause of action against a
58	58	license holder based on the license holder's refusal to provide
59	59	marriage and family therapy under Subsection (a).
60	60	(e) This state or a political subdivision of this state may
61	61	not penalize or withhold benefits, including tax exemptions,
62	62	governmental contracts, or grants, from a license holder based on
63	63	the license holder's refusal to provide marriage and family therapy
64	64	under Subsection (a).
65	65	(f) A license holder's refusal to provide marriage and
66	66	family therapy under Subsection (a) is not conduct that constitutes
67	67	an element of a criminal offense.
68	68	SECTION 3. Subchapter A, Chapter 503, Occupations Code, is
69	69	amended by adding Section 503.0031 to read as follows:
70	70	Sec. 503.0031. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
71	71	licensed professional counselor may refuse to provide a service
72	72	within the practice of professional counseling to a person if
73	73	providing the service would cause the counselor to violate a
74	74	sincerely held religious belief.
75	75	(b) A licensed professional counselor who refuses to
76	76	provide a service to a person under Subsection (a) shall coordinate
77	77	a referral of the person to a psychologist, marriage and family
78	78	therapist, licensed professional counselor, chemical dependency
79	79	counselor, or social worker, as appropriate, who agrees to provide
80	80	the counseling or therapy service.
81	81	(c) The board may not take disciplinary action against or
82	82	impose an administrative penalty on a licensed professional
83	83	counselor based on the counselor's refusal to provide a service
84	84	under Subsection (a).
85	85	(d) A person may not bring a cause of action against a
86	86	licensed professional counselor based on the counselor's refusal to
87	87	provide a service under Subsection (a).
88	88	(e) This state or a political subdivision of this state may
89	89	not penalize or withhold benefits, including tax exemptions,
90	90	governmental contracts, or grants, from a licensed professional
91	91	counselor based on the counselor's refusal to provide a service
92	92	under Subsection (a).
93	93	(f) A licensed professional counselor's refusal to provide
94	94	a service under Subsection (a) is not conduct that constitutes an
95	95	element of a criminal offense.
96	96	SECTION 4. Subchapter A, Chapter 504, Occupations Code, is
97	97	amended by adding Section 504.003 to read as follows:
98	98	Sec. 504.003. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
99	99	person who holds a license, registration, or certification under
100	100	this chapter may refuse to provide chemical dependency counseling
101	101	to a person if providing the counseling would cause the holder to
102	102	violate a sincerely held religious belief.
103	103	(b) A license, registration, or certificate holder who
104	104	refuses to provide chemical dependency counseling to a person under
105	105	Subsection (a) shall coordinate a referral of the person to a
106	106	psychologist, marriage and family therapist, licensed professional
107	107	counselor, chemical dependency counselor, or social worker, as
108	108	appropriate, who agrees to provide the counseling or therapy
109	109	service.
110	110	(c) The department may not take disciplinary action against
111	111	or impose an administrative penalty on a person who holds a license,
112	112	registration, or certification based on the holder's refusal to
113	113	provide chemical dependency counseling under Subsection (a).
114	114	(d) A person may not bring a cause of action against a person
115	115	who holds a license, registration, or certification based on the
116	116	holder's refusal to provide chemical dependency counseling under
117	117	Subsection (a).
118	118	(e) This state or a political subdivision of this state may
119	119	not penalize or withhold benefits, including tax exemptions,
120	120	governmental contracts, or grants, from a license, registration, or
121	121	certificate holder based on the holder's refusal to provide
122	122	chemical dependency counseling under Subsection (a).
123	123	(f) A license, registration, or certificate holder's
124	124	refusal to provide chemical dependency counseling under Subsection
125	125	(a) is not conduct that constitutes an element of a criminal
126	126	offense.
127	127	SECTION 5. Subchapter A, Chapter 505, Occupations Code, is
128	128	amended by adding Section 505.0026 to read as follows:
129	129	Sec. 505.0026. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
130	130	social worker may refuse to provide a service within the practice of
131	131	social work to a person if providing the service would cause the
132	132	social worker to violate a sincerely held religious belief.
133	133	(b) A social worker who refuses to provide a service to a
134	134	person under Subsection (a) shall coordinate a referral of the
135	135	person to a psychologist, marriage and family therapist, licensed
136	136	professional counselor, chemical dependency counselor, or social
137	137	worker, as appropriate, who agrees to provide the counseling or
138	138	therapy service.
139	139	(c) The board may not take disciplinary action against or
140	140	impose an administrative penalty on a social worker based on the
141	141	social worker's refusal to provide a service under Subsection (a).
142	142	(d) A person may not bring a cause of action against a social
143	143	worker based on the social worker's refusal to provide a service
144	144	under Subsection (a).
145	145	(e) This state or a political subdivision of this state may
146	146	not penalize or withhold benefits, including tax exemptions,
147	147	governmental contracts, or grants, from a social worker based on
148	148	the social worker's refusal to provide a service under Subsection
149	149	(a).
150	150	(f) A social worker's refusal to provide a service under
151	151	Subsection (a) is not conduct that constitutes an element of a
152	152	criminal offense.
153	153	SECTION 6. The change in law made by this Act applies only
154	154	to conduct that occurs on or after the effective date of this Act.
155	155	Conduct that occurs before the effective date of this Act is
156	156	governed by the law in effect on the date the conduct occurred, and
157	157	the former law is continued in effect for that purpose.
158	158	SECTION 7. This Act takes effect September 1, 2017.