NEWS

Therapist protections bill advances in Tennessee House

Holly Meyer
USA TODAY NETWORK – Tennessee
Tennessee state Capitol

A controversial bill that would allow counselors and therapists to refuse to see clients whose cases violate their religious beliefs has taken a step forward in the Tennessee state House.

The bill, sponsored by Rep. Dan Howell, R-Georgetown, would let counselors and therapists refer clients without risking repercussions, such as a civil lawsuit or criminal action. The state House Health Subcommittee advanced the legislation Tuesday to the full committee.

The subcommittee recommended passage of the legislation with an amendment that changes the bill's language from "sincerely held religious beliefs" to "sincerely held principles."

Senate passes bill giving religious protection to therapists

Supporters say the legislation strikes a balance between the rights of the therapists and counselors and the rights of clients. But opponents call the bill discriminatory, saying it takes control of care away from clients and sets a bad precedent.

The bill spurred almost two hours worth of debate during the Feb. 23 subcommittee hearing from lawmakers, professional organizations and counselors, but only lawmakers spoke about the legislation Tuesday before they voted.

Howell said he doesn't "see the conflict."

"All this bill does is protect and respect the rights of the client," Howell said. "It expressly tells the counselor that they have a duty — if it's not a good fit — it tells the counselor that they have a duty to make an appropriate referral so that that client can received the counselling that they need. At the same time honoring the deeply held beliefs of the counselor."

Bill giving therapists religious protections stalls in House

The Senate has already passed companion legislation. Sen. Jack Johnson, R-Franklin, sponsored the Senate legislation after a constituent with a faith-based counseling practice raised concerns about the change to the code of ethics.

The state adopts the American Counseling Association's code of ethics. In 2014, the association added a provision that states that "counselors refrain from referring prospective and current clients based solely on the counselor’s personally held values, attitudes, beliefs and behaviors.

Rep. John Ray Clemmons, D-Nashville, raised concerns that the bill protects therapists and counselors at the expense of clients.

"I want to make sure that we keep our focus on the clients," Clemmons said. "I believe your heart is in the right place. I understand the intent of the bill, I'm just explaining to you why I have concerns about it."

Reach Holly Meyer at 615-259-8241 and on Twitter @HollyAMeyer.