Tennessee governor signs law protecting counsellors, therapists from lawsuits for refusing to provide service

Tennessee Gov. Bill Haslam Haslam says he signed the law ‘after considerable thought and discussion with counsellors both for and against the bill.’ (Office of Gov. Bill Haslam)

Tennessee Gov. Bill Haslam signed a law that protects counsellors and therapists from lawsuits should they refuse to provide service to any individual based on their "sincerely held principles."

Senate Bill 1556 states that counsellors or therapists will not be required to serve clients based on goals, outcomes or behaviours that contradict their beliefs. They can instead refer the person to another counsellor or therapist more amenable to the person's request.

It said refusal of service cannot be used as basis for civil cause of action or criminal prosecution.

An exception to the law is "when an individual seeking or undergoing counselling is in imminent danger of harming themselves or others."

The law has been opposed by the American Counseling Association (ACA), calling it a "discriminatory 'religious freedom' legislation targeting the LGBTQ community."

It said the law invalidates ACA's Code of Ethics and makes Tennessee the first U.S. state to have such measure.

Haslam defended the law, saying that he signed up "after considerable thought and discussion with counsellors both for and against the bill."

He assured that any concerns about the bill have been addressed by two provisions on referral and providing service to those who are in imminent danger.

"The substance of this bill doesn't address a group, issue or belief system. Rather, it allows counsellors – just as we allow other professionals like doctors and lawyers – to refer a client to another counsellor when the goals or behaviours would violate a sincerely held principle," Haslam said.

He believes that "it is reasonable to allow these professionals to determine if and when an individual would be better served by another counsellor better suited to meet his or her needs."

Under the law, counselling or therapy services refer to assisting an individual, who is seeking or engaged in the counselling relationship in a private practice setting, in a manner intended to facilitate normal human growth and development, using a combination of mental health and human development principles, methods, and techniques, to achieve mental, emotional, physical, social, moral, educational, spiritual, or career development and adjustment throughout the individual's life span.

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