Holly Meyer

USA TODAY NETWORK – Tennessee

A Williamson County senator's controversial bill that allows counselors and therapists to refuse to see clients whose cases violate their religious beliefs has passed the Tennessee state Senate.

The legislation sponsored by Sen. Jack Johnson, R-Franklin, protects private counselors and therapists from civil lawsuits or criminal action, but requires them to refer the clients whose circumstances go against their religious values to another counselor or therapist willing to take the case. The full Senate voted 27-5 in support of the bill Wednesday.

"It's not a prohibition. It's not a restriction of gaining access to therapy or needed therapy," Johnson said. "I think it's quite insulting to suggest that a therapist who perhaps is sought out by someone who seeks therapy would simply slam the door in their face."

Sen. Jeff Yarbro, D-Nashville, opposed the bill and filed two amendments aimed at creating exemptions for clients who are imminently suicidal or domestic violence victims. The exemption for those imminently suicidal passed. Yarbro's other amendment failed.

He said the bill also takes control away from the client and gives it to the therapist, who can already inform a client about their objections, but can’t refuse to treat them.

"No counselor under the ethical requirements is required to do anything that contravenes their values," Yarbro said. "We're letting them turn them away at the door and send them elsewhere."

Bill gives counselors, therapists religious protection

The bill is headed to the House, where Rep. Dan Howell, R-Georgetown, has sponsored the legislation.

A counselor's refusal to treat a client based solely on violating their religious beliefs goes against the American Counseling Association's code of ethics, which Tennessee has adopted. The code of ethics was changed in 2014 to include this provision, which states that "counselors refrain from referring prospective and current clients based solely on the counselor’s personally held values, attitudes, beliefs and behaviors."

The American Counseling Association, along with other professional therapy and counseling organizations, opposes the legislation.

Richard Yep, the association's chief executive officer, said "this type of discriminatory action" is a direct violation of the group's code of ethics.

"It behooves the counseling profession to be trained to help all individuals, regardless of personal belief," Yep said in a statement earlier this month. "ACA remains committed to protecting diversity and standing against discrimination."

Johnson sponsored the legislation at the request of one of his constituents, who has a faith-based counseling practice and raised concerns about the change to the code of ethics.

"Our ultimate goal is for people to get the help that they need," Johnson said. "The code of ethics existed in its prior form from in time immemorial ... until 2014, and I'm not aware of a problem prior to the amended code of ethics in 2014. All we're doing is reverting back to that code of ethics, which seemed to work very well for many, many years."

The legislation does not specifically mention same-sex marriage nor lesbian, gay, bisexual or transgender clients, but both were mentioned during debate on the bill.

Sen. Rusty Crowe, R-Johnson City, said in light of the U.S. Supreme Court decision legalizing marriage for same-sex couples, it is the duty of state lawmakers to protect both the clients seeking treatment as well as the religious beliefs of therapists and counselors.

Chris Sanders, the executive director of the Tennessee Equality Project, condemned Wednesday's vote.

"The bill violates the code of ethics for counselors. It puts LGBT people at risk who, particularly in rural areas, may have few options," Sanders said in a statement. "The bill sets a bad precedent of creating religious opt-outs for professionals when they provide service."

Sen. Mark Green, R-Clarksville, likened allowing a therapist to refer a patient whose case violates their beliefs to his ability to ask a colleague to provide emergency contraception to one of his patients since he doesn't agree with it.

Sen. Steven Dickerson, R-Nashville, who is an anesthesiologist, opposed the bill, arguing that counselors, like doctors, chose to be in the profession. With that comes the responsibility to treat everyone, he said.

"I think when you go into the healing arts you give up a certain amount of personal latitude and you choose to be a counselor, you choose to be a doctor, you treat whoever comes through your door," Dickerson said.

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