Amendments	Fiscal Memos
HA1006	Amendment 1-0 to HB1840
HA1132	Amendment 2-0 to HB1840
HA1133	Amendment 3-0 to HB1840
HA1134	Amendment 4-0 to HB1840
HA1135	Amendment 5-0 to HB1840
HA1136	Amendment 6-0 to HB1840

	Amendments	Fiscal Memos
SA0526	Amendment 1-0 to SB1556
SA0538	Amendment 2-0 to SB1556
SA0539	Amendment 3-0 to SB1556

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill provides immunity from liability for counselors and therapists who refuse to counsel a client as to goals, outcomes, or behaviors that conflict with a sincerely held religious belief of the counselor or therapist.

Under this bill, refusal to provide such counseling or therapy services cannot be the basis for:

(1) A civil cause of action;
(2) Criminal prosecution; or
(3) Any other action by the state or a political subdivision of the state to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses.

Counselors or therapists refusing to provide counseling or therapy under this bill must coordinate a referral of the client to another counselor or therapist who will provide the service.

This bill includes liability protection for those persons providing counseling or therapy services whether or not they are licensed, registered, or otherwise regulated by the state.

ON FEBRUARY 17, 2016, THE SENATE ADOPTED AMENDMENTS #1 AND #3 AND PASSED SENATE BILL 1556, AS AMENDED.

AMENDMENT #1 removes liability protection for unlicensed persons who provide counseling service and limits the applicability of this bill to counseling services that are provided in a private practice setting.

This amendment replaces the provision of this bill that would prohibit any action by the state or a political subdivision of the state to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses from a counselor or therapist who refuses to provide services based on a conflict with such person's religious beliefs. Instead, this amendment prohibits the board for professional counselors, marital and family therapists and clinical pastoral therapists from disciplining an applicant or licensee based on a violation of A.11.b of the 2014 American Counseling Association Code of Ethics, or any similar or successor provision.

AMENDMENT #3 restores liability for counselors who will not counsel a client based on the counselor's religious beliefs when the individual seeking or undergoing the counseling is in imminent danger of harming themselves or others.

ON APRIL 6, 2016, THE HOUSE SUBSTITUTED SENATE BILL 1556 FOR HOUSE BILL 1840, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1556, AS AMENDED.

AMENDMENT #1 is the same as Senate Amendment #1 and #3, except that this amendment makes the bill applicable to conflicts with "sincerely held principles" of the counselor or therapist instead of "sincerely held religious beliefs" of the counselor or therapist.