Texas Senate Bill SB85

Texas 2019 - 86th Regular

Caption

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

Impact

The potential impact of SB85 is significant, as it may lead to scenarios where individuals seeking counseling could face obstacles based on the religious convictions of professionals. While supporters argue that this bill protects freedom of speech and religion for licensed professionals, critics contend that it could undermine access to essential mental health services for vulnerable populations. The law stipulates that disciplinary actions or civil suits cannot be imposed on professionals who refuse services based on religious beliefs, thus creating a legal shield for such refusals that may not consider the needs and rights of clients.

Summary

SB85, relating to the regulation of the conduct of certain counseling professions, introduces provisions that allow licensed professionals, including psychologists, marriage and family therapists, and social workers, to refuse to provide services if such actions conflict with their sincerely held religious beliefs. This bill sets a precedent where the personal religious beliefs of counselors can influence the services they provide, fundamentally changing the landscape of professional conduct within these fields. Under SB85, license holders must refer clients to other qualified professionals if they refuse to provide psychological or marriage and family therapy services on the grounds of their beliefs, ensuring that clients are still able to access necessary support.

Contention

Notable points of contention surrounding SB85 include the balance between individual rights and the potential sacrifices that clients may have to endure when seeking care. Opponents express concerns that this bill may encourage discrimination against marginalized groups, particularly those seeking guidance on issues related to sexuality, gender identity, or reproductive health—areas where personal beliefs can significantly diverge from professional obligations. Critics argue for the importance of ensuring that all clients can access services regardless of their backgrounds or the personal beliefs of service providers. The bill's provisions may lead to a patchwork of available services depending on the choice of counselor, creating disparities in care across the state.