Haslam signs bill giving therapists protections
Gov. Bill Haslam on Wednesday signed into law a controversial bill that says no licensed counselor or therapist must serve a client whose "goals, outcomes or behaviors” conflict with the counselor’s “sincerely held principles” — a measure the American Counseling Association had denounced as a “hate bill” against gay and transgender people.
Senate Bill 1556 also shields from civil lawsuits, criminal prosecution and sanctions by the state licensing board counselors who refuse to provide services — provided they coordinate a referral of the client to another counselor who would serve them.
The bill’s provisions, which go into effect immediately, also will not apply in cases where the person seeking or undergoing counseling is “in imminent danger of harming themselves or others.”
House passes controversial therapist protection bill
The governor said he spoke with counselors on both sides of the issue and carefully examined the bill’s provisions.
“Although Senate Bill 1556 has received attention for its perceived focus, my job is to look at the actual substance of the legislation," Haslam said. "After considerable thought and discussion with counselors both for and against the bill, I have decided to sign Senate Bill 1556.
“There are two key provisions of this legislation that addressed concerns I had about clients not receiving care. First, the bill clearly states that it ‘shall not apply to a counselor or therapist when an individual seeking or undergoing counseling is in imminent danger of harming themselves or others.’ Secondly, the bill requires that any counselor or therapist who feels they cannot serve a client due to the counselor’s sincerely held principles must coordinate a referral of the client to another counselor or therapist who will provide the counseling or therapy,” he said.
“The substance of this bill doesn’t address a group, issue or belief system. Rather, it allows counselors — just as we allow other professionals like doctors and lawyers — to refer a client to another counselor when the goals or behaviors would violate a sincerely held principle. I believe it is reasonable to allow these professionals to determine if and when an individual would be better served by another counselor better suited to meet his or her needs.”
Senate passes bill giving religious protection to therapists
The bill was the latest in a series of “religious freedom” measures considered by state lawmakers. The Senate approved the counseling bill 27-5 in February and the House did the same with a 68-22 vote April 6. A week later, the Senate concurred with a House amendment that changed the bill’s original wording from “sincerely held religious belief” to “sincerely held principles” of the counselor. Wednesday was the last day the governor had to sign or veto the bill before it would have become law without his signature.
The measure stemmed from a 2014 change in the American Counseling Association’s code of ethics aimed at preventing discrimination against people in need of counseling services. The state licensing board for professional counselors and marital and family therapists incorporates the ACA’s ethics code into its rules and regulations — a violation of which subjects licensees to sanctions.
The ACA repeatedly condemned the bill as unnecessary because counselors already have authority to refer clients to others for professional, but not discriminatory, reasons. The national group had called for a veto, arguing that Tennesseans in need of counseling — especially youths in rural areas with limited access to therapists — could be harmed.
ACA spokesman Art Terrazas said the group is “extremely disappointed that Gov. Haslam has ignored the lessons learned in North Carolina, Georgia and Mississippi and has elected to sign this dangerous bill into law. Plain and simple, this bill codifies discrimination.
“It not only disproportionately affects LGBTQ Tennesseans seeking counseling, but will also have unintended consequences that will reach Tennesseans in all walks of life — whether it’s a veteran suffering from PTSD, a woman suffering from spousal abuse or a business owner simply trying to attract out of state clients,” Terrazas said.
Other reaction was swift.
David Fowler, president of Family Action Council of Tennessee, who had supported the bill, praised the governor’s decision.
“Thankfully, the governor and our legislature, through this legislation, have said that there is still room in Tennessee for counselors who have a belief system that informs everything they do, including the kind of counsel they believe they can in good conscience provide to their clients,” he said.
Nashville Mayor Megan Barry, who is a Democrat and opposed the bill, said in a statement Wednesday that she was disappointed in the governor's decision to sign it into law.
“It hurts our LGBT citizens, negatively impacts our economy and seeks to undermine the counseling profession. As mayor of Nashville, I'll continue to do whatever I can to create a warm and welcoming city free from discrimination,” Barry said.
Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee, had a similar position and said ACLU is "disappointed that the governor has chosen to sign this troubling bill into law. This measure is rooted in the dangerous misconception that religion can be used as a free pass to discriminate. Allowing counselors to treat some potential clients differently from others based on their personal beliefs defies professional standards and could cause significant harm to vulnerable people."
State Sen. Jack Johnson, R-Franklin, the bill’s Senate sponsor, commended the governor.
“I think it’s a very reasonable commonsense piece of legislation and corrects what I believe was a wrong that was effectuated by the American Counseling Association with the change in their code of ethics in 2014," he said.
The House sponsor, Rep. Dan Howell, R-Georgetown, agreed.
"The governor felt that it had gotten a lot of undue criticism, which I agree with — mainly because the bill does not deny anyone counseling as the critics have claimed," he said. "In fact the bill states that if there’s any conflict between the client’s goals and the counselor’s deeply held beliefs, that the counselor must facilitate an appropriate referral. So it’s a good balanced bill (that) ... protects the client to ensure that they get assistance and protects the First Amendment rights of faith-based counselors.”
The Tennessee Equality Project remains particularly concerned about the ability of lesbian, gay, bisexual and transgender people to access resources for counseling in rural areas, Chris Sanders, executive director of the organization, said in a statement. The organization also announced Wednesday that it is launching an initiative called “Counseling Unconditionally” that allows professionals to sign up and say they will not turn clients away.
Psychologist James T. “Dale” Berry, who testified in support of the bill in a legislative committee, felt relieved by the governor’s decision and said it protects counselors from discrimination by the professional organization. Berry is director of Ebenezer Counseling Service, a Knoxville-based provider whose counselors and therapists work from a Christian perspective.
“For the clients, it gets them to a therapist that does not have a core value conflict. That way they won’t get mixed messages, they won’t be confused. To not refer is unethical in my view. ACA got it wrong when they cut referrals on the basis of values,” Berry said.
Berry, who is a Presbyterian, said he and other therapists at Ebenezer Counseling Services don’t see a conflict when serving gay clients suffering from depression, but providing sex therapy to an unmarried couple or premarital and sex therapy to a same-sex couple would conflict with his core values, which he derives from his religious beliefs.
Without the new law, Berry feared politically motivated people would test whether therapists were actually following the new referral restriction in the ACA’s code of ethics. Repeated offenses could put licenses in jeopardy and prompt legal action.
Richard Locker of The Commercial Appeal in Memphis and Knoxville News Sentinel contributed to this report.
Reach Holly Meyer at 615-259-8241 and on Twitter @HollyAMeyer.