| 1 | 1 | | 87R362 KKR-D |
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| 2 | 2 | | By: Hernandez H.B. No. 407 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to unprofessional conduct by mental health providers who |
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| 8 | 8 | | attempt to change the sexual orientation of a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 105, Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | CHAPTER 105. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH |
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| 13 | 13 | | CARE PROVIDER] |
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| 14 | 14 | | SECTION 2. Chapter 105, Occupations Code, is amended by |
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| 15 | 15 | | designating Sections 105.001 and 105.002 as Subchapter A and adding |
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| 16 | 16 | | a subchapter heading to read as follows: |
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| 17 | 17 | | SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY HEALTH CARE PROVIDER |
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| 18 | 18 | | SECTION 3. Section 105.001, Occupations Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | Sec. 105.001. DEFINITION. In this subchapter [chapter], |
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| 21 | 21 | | "health care provider" means a person who furnishes services under |
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| 22 | 22 | | a license, certificate, registration, or other authority issued by |
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| 23 | 23 | | this state or another state to diagnose, prevent, alleviate, or |
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| 24 | 24 | | cure a human illness or injury. |
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| 25 | 25 | | SECTION 4. Chapter 105, Occupations Code, is amended by |
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| 26 | 26 | | adding Subchapter B to read as follows: |
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| 27 | 27 | | SUBCHAPTER B. UNPROFESSIONAL CONDUCT BY MENTAL HEALTH PROVIDER |
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| 28 | 28 | | Sec. 105.051. DEFINITIONS. In this subchapter: |
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| 29 | 29 | | (1) "Child" means an individual younger than 18 years |
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| 30 | 30 | | of age. |
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| 31 | 31 | | (2) "Gender identity or expression" means a person's |
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| 32 | 32 | | having, or being perceived as having, a gender-related identity, |
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| 33 | 33 | | appearance, expression, or behavior, whether or not that identity, |
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| 34 | 34 | | appearance, expression, or behavior is different from that commonly |
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| 35 | 35 | | associated with the person's assigned sex at birth. |
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| 36 | 36 | | (3) "Mental health provider" means: |
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| 37 | 37 | | (A) a behavior analyst licensed under Chapter |
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| 38 | 38 | | 506; |
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| 39 | 39 | | (B) a chemical dependency counselor licensed |
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| 40 | 40 | | under Chapter 504; |
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| 41 | 41 | | (C) a licensed professional counselor licensed |
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| 42 | 42 | | under Chapter 503; |
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| 43 | 43 | | (D) a marriage and family therapist licensed |
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| 44 | 44 | | under Chapter 502; |
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| 45 | 45 | | (E) a nurse licensed under Chapter 301; |
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| 46 | 46 | | (F) a physician licensed under Subtitle B; |
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| 47 | 47 | | (G) a psychologist licensed under Chapter 501; |
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| 48 | 48 | | (H) a sex offender treatment provider licensed |
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| 49 | 49 | | under Chapter 110; |
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| 50 | 50 | | (I) a social worker licensed under Chapter 505; |
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| 51 | 51 | | (J) a special officer for offenders with mental |
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| 52 | 52 | | impairments certified under Section 1701.404; or |
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| 53 | 53 | | (K) another person licensed by this state to |
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| 54 | 54 | | provide professional therapy or counseling services. |
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| 55 | 55 | | (4) "Sexual orientation" means the actual or perceived |
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| 56 | 56 | | status of an individual with respect to the individual's sexuality. |
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| 57 | 57 | | Sec. 105.052. UNPROFESSIONAL CONDUCT. (a) A mental health |
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| 58 | 58 | | provider engages in unprofessional conduct if, in the course of |
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| 59 | 59 | | providing services to a child, the mental health provider attempts |
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| 60 | 60 | | to: |
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| 61 | 61 | | (1) change the child's sexual orientation, including |
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| 62 | 62 | | by attempting to change the child's behavior or gender identity or |
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| 63 | 63 | | expression; or |
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| 64 | 64 | | (2) eliminate or reduce the child's sexual or romantic |
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| 65 | 65 | | attractions or feelings toward individuals of the same sex. |
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| 66 | 66 | | (b) Subsection (a) does not apply to counseling that: |
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| 67 | 67 | | (1) provides acceptance, support, and understanding |
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| 68 | 68 | | of a child or facilitates a child's coping, social support, and |
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| 69 | 69 | | identity exploration and development, including sexual |
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| 70 | 70 | | orientation-neutral interventions to prevent or address unlawful |
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| 71 | 71 | | conduct or unsafe sexual practices, if that counseling does not |
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| 72 | 72 | | seek to change sexual orientation or gender identity or expression; |
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| 73 | 73 | | or |
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| 74 | 74 | | (2) provides support to a child undergoing gender |
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| 75 | 75 | | transition in accordance with established standards of care. |
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| 76 | 76 | | (c) A mental health provider who commits unprofessional |
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| 77 | 77 | | conduct under Subsection (a) is subject to disciplinary action by |
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| 78 | 78 | | any state regulatory entity with the power to take disciplinary |
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| 79 | 79 | | action against that mental health provider. |
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| 80 | 80 | | SECTION 5. This Act takes effect September 1, 2021. |
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