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A BILL TO BE ENTITLED
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AN ACT
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relating to unprofessional conduct by mental health providers who |
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attempt to change the sexual orientation of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 105, Occupations Code, is |
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amended to read as follows: |
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CHAPTER 105. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH |
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CARE PROVIDER] |
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SECTION 2. Chapter 105, Occupations Code, is amended by |
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designating Sections 105.001 and 105.002 as Subchapter A and adding |
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a subchapter heading to read as follows: |
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SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY HEALTH CARE PROVIDER |
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SECTION 3. Section 105.001, Occupations Code, is amended to |
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read as follows: |
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Sec. 105.001. DEFINITION. In this subchapter [chapter], |
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"health care provider" means a person who furnishes services under |
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a license, certificate, registration, or other authority issued by |
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this state or another state to diagnose, prevent, alleviate, or |
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cure a human illness or injury. |
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SECTION 4. Chapter 105, Occupations Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. UNPROFESSIONAL CONDUCT BY MENTAL HEALTH PROVIDER |
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Sec. 105.051. DEFINITIONS. In this subchapter: |
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(1) "Child" means an individual younger than 18 years |
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of age. |
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(2) "Gender identity or expression" means a person's |
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having, or being perceived as having, a gender-related identity, |
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appearance, expression, or behavior, whether or not that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's assigned sex at birth. |
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(3) "Mental health provider" means: |
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(A) a behavior analyst licensed under Chapter |
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506; |
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(B) a chemical dependency counselor licensed |
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under Chapter 504; |
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(C) a licensed professional counselor licensed |
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under Chapter 503; |
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(D) a marriage and family therapist licensed |
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under Chapter 502; |
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(E) a nurse licensed under Chapter 301; |
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(F) a physician licensed under Subtitle B; |
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(G) a psychologist licensed under Chapter 501; |
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(H) a sex offender treatment provider licensed |
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under Chapter 110; |
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(I) a social worker licensed under Chapter 505; |
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(J) a special officer for offenders with mental |
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impairments certified under Section 1701.404; or |
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(K) another person licensed by this state to |
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provide professional therapy or counseling services. |
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(4) "Sexual orientation" means the actual or perceived |
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status of an individual with respect to the individual's sexuality. |
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Sec. 105.052. UNPROFESSIONAL CONDUCT. (a) A mental health |
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provider engages in unprofessional conduct if, in the course of |
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providing services to a child, the mental health provider attempts |
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to: |
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(1) change the child's sexual orientation, including |
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by attempting to change the child's behavior or gender identity or |
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expression; or |
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(2) eliminate or reduce the child's sexual or romantic |
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attractions or feelings toward individuals of the same sex. |
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(b) Subsection (a) does not apply to counseling that: |
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(1) provides acceptance, support, and understanding |
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of a child or facilitates a child's coping, social support, and |
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identity exploration and development, including sexual |
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orientation-neutral interventions to prevent or address unlawful |
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conduct or unsafe sexual practices, if that counseling does not |
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seek to change sexual orientation or gender identity or expression; |
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or |
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(2) provides support to a child undergoing gender |
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transition in accordance with established standards of care. |
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(c) A mental health provider who commits unprofessional |
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conduct under Subsection (a) is subject to disciplinary action by |
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any state regulatory entity with the power to take disciplinary |
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action against that mental health provider. |
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SECTION 5. This Act takes effect September 1, 2021. |