Holly Meyer

USA TODAY NETWORK – Tennessee

Lawmakers stalled a controversial bill granting religious protections to counselors and therapists in Tennessee.

After much debate, bill sponsor Rep. Dan Howell, R-Georgetown, asked the state House health subcommittee Tuesday to take the bill off notice, a procedural move that could spell the end of the legislation in the House. A companion bill has already passed the Senate.

"Because of some language that has come to me from Rep. (Matthew) Hill — and thank you so much for that, I appreciate that — I will take this bill off notice and look at that language and bring it back again," Howell said.

Senate passes bill giving religious protection to therapists

Subcommittee member Hill, R-Jonesborough, suggested Howell consider borrowing language from Tennessee's conscience clause, which allows physicians to refuse to provide contraception to patients if it interferes with moral or religious beliefs.

As it's currently written, Howell's legislation would allow counselors and therapists to refuse to treat clients whose cases violate their religious beliefs without risking repercussions, such as a civil lawsuit or criminal action. The professionals would be required to refer the client to someone willing to take the case.

The legislation is a response to a 2014 change to the American Counseling Association's code of ethics, which the state has adopted. The new provision states that "counselors refrain from referring prospective and current clients based solely on the counselor’s personally held values, attitudes, beliefs and behaviors."

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.

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.

While sexual orientation and gender identity are not mentioned in the legislation, they've been a part of the discussion and the Tennessee Equality Project condemns the bill. Professional therapy and counseling groups, including the American Counseling Association and its Tennessee chapter, and the Tennessee Association for Marriage and Family Therapy, also are against it.

Bill gives counselors, therapists religious protection

Susan Hammond-White, the chairwoman of the state board governing counselors and therapists, spoke against the legislation during Tuesday's subcommittee meeting. She told lawmakers that the bill prevents the board from disciplining its own members and from upholding the key directive to do no harm, putting clients at risk.

"The standard that is being targeted here in this legislation and the ethical code is based on referring the client only on the basis of the counselor's value system," Hammond-White said. "What I think is the most important thing for you all to understand is that counseling is not about the counselor. The counselor-client relationship is about the client."

Lawmakers peppered Hammond-White as well as a Christian counselor who supported the legislation with questions about the complexities of the issue. They heard from a handful of others who opposed it before Howell capped off the more than an hour and a half of testimony and discussion on the bill by explaining its intent, and comparing it to a doctor's ability to have a colleague administer emergency contraception to patients.

"It's an effort to reconcile the religious liberty concern of those licensed counselors and practitioners with the need to ensure that the person who needs counseling does indeed receive the care they are seeking," Howell said.

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