Holly Meyer

USA TODAY NETWORK – Tennessee

A Brentwood lawmaker wants to make sure therapists and counselors can refuse to treat clients whose cases conflict with their religious beliefs without facing repercussions.

Republican Sen. Jack Johnson introduced a bill this legislative session that would protect such therapists and counselors from civil action, criminal prosecution or any other penalty by the state. But they must refer the client to another provider who will offer the services.

"I think we can all be in agreement that we want folks who need to treatment to get it, but we have a myriad of capable providers that are out there, and someone who chooses not to provide that type of care based on a personally held belief should not be compelled to do so under state law," said Johnson, when he addressed the Senate Health and Welfare Committee on Wednesday.

Religion often intersects with Tennessee politics

Johnson explained to the committee that therapists and counselors in Tennessee operate under the American Counseling Association's code of ethics and can face consequences, including suspensions, if they don't adhere to the policy. In 2014, the association amended the code to restrict referrals based on personal values, he said. The ethics code now states that "counselors refrain from referring prospective and current clients based solely on the counselor’s personally held values, attitudes, beliefs and behaviors."

"I'm not aware of a problem that existed based on the prior version of the code of ethics," Johnson said. "This was added and perhaps it's based on some agenda that some are trying to advance."

One of Johnson's constituents, who offers a faith-based counseling practice, raised concerns about the change with the senator.

"His concern is that he could be targeted or that someone could accuse him of referring to another counselor based solely upon his religious or personal beliefs," Johnson said.

The bill was deferred until Feb. 10 at Johnson's request. He is hashing out additional details and working to figure out if an exemption, like the one provided by his legislation, is necessary. Johnson also wants the bill to cover independent practitioners who own their own practice and not therapists or counselors who work at state-run facilities.

Sen. Joey Hensley, R-Hohenwald, who serves on the committee, spoke in support of the bill Wednesday.

"I think it's perfectly acceptable if they don't think they can help the problem for them to be able to refer it to somebody else," Hensley said.

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