The Tennessee Legislature. (AP Photo/Mark Humphrey)

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By Richard Locker

NASHVILLE — The state Senate approved a controversial bill Wednesday that would give state-licensed counselors and therapists the right to deny services to a client if it conflicts with the "sincerely held religious belief of the counselor or therapist."

The House version of the bill is set for review in the health subcommittee Tuesday. No bill can become law without winning the approval of both legislative chambers.

The Senate debate indicated the bill is directed at professional counselors who don't want to serve gays and others whose lifestyles they don't approve of. Its wording says: "No counselor or therapist providing counseling or therapy services shall be required to counsel or serve a client as to goals, outcomes, or behaviors that conflict with a sincerely held religious belief of the counselor or therapist; provided that the counselor or therapist coordinates a referral of the client to another counselor or therapist who will provide the counseling or therapy."

It also says the refusal to provide counseling on the basis of the bill "shall not be the basis for a civil" lawsuit or criminal prosecution.

Sen. Jack Johnson, R-Franklin, said he filed the bill at the request of counselors and therapists across Tennessee who oppose a 2014 change in the American Counseling Association's code of ethics that says counselors should "refrain from referring prospective and current clients based solely on the counselor's personally held values, attitudes, beliefs, and behaviors."

Said Johnson: "Our ultimate goal is for people to get help they need. All we're doing is reverting to that code of ethics. It seemed to work very well for many many years."

Senate Bill 1556 won a 27-5 vote. The five "no" votes were Sens. Steven Dickerson, R-Nashville, Lee Harris, D-Memphis, Sara Kyle, D-Memphis, Reginald Tate, D-Memphis and Jeff Yarbro, D-Nashville. Sen. Doug Overbey, R-Maryville, did not vote.

The bill set off a notable debate among senators who are physicians. Dickerson, the lone Republican who voted against the bill, told his colleagues that when he was a medical school resident in 1990 before HIV was fully understood, some fellow residents voiced concerns to the medical school dean "that they were afraid for our health, for our personal well-being.

"He (the dean) turned and pointed at the door and said, 'Anybody forced to be in this room? No. You all chose to be doctors didn't you?' We all said yes. He said anybody in this room not willing to treat every patient without regard to your own personal safety, to your own personal beliefs, there's the door; leave right now. Nobody left," Dickerson said.

"I think when you choose to go into the healing arts, you give up a certain amount of personal latitude. If you choose to be a counselor, if you choose to be a doctor, you treat whomever comes into your door. So I'm opposed to this bill."

The two other physician members, Sens. Mark Green, R-Clarksville and Joey Hensley, R-Hohenwald, argued in favor of the bill.

"This isn't about someone's safety. I've gone to combat and put my life on the line to take care of people," said Green, a military veteran.

"I take care of gay couples all the time when they come into the emergency department. I have no problem with that. It's not an issue or statement about my religion. But giving a morning-after pill to terminate a pregnancy, to terminate a life, I have problem with and I want the freedom to be able to continue doing that," Green said.

Said Hensley: "When we're talking about psychologists and psychiatrists, they cannot adequately treat a patient that they believe that that patient's lifestyle is causing their problem. And just like in the medical profession, they should be able to refer that patient. So I support this legislation."

Senate Democratic Leader Lee Harris of Memphis said his caucus had researched the issue and spoken "with faith leaders and professionals in this area and we can't find a major religion that requires its worshippers to not deliver service in times of need. Of the major religions we have researched so far, the faith leaders tell us that their religion requires us not to ostracize people and instead to help folks that are in need, folks who are vulnerable and who have nowhere else to turn."