Priority Legislation
 The Tennessee Counseling Association (TCA) is committed to advocating for the counseling profession and the clients we serve across the state of Tennessee. During each legislative session of the Tennessee General Assembly, TCA’s Public Policy Committee monitors legislation that may impact professional counselors, counselor education programs, and access to mental health services.
This page highlights priority legislation that the Public Policy Committee is actively tracking during the current legislative session. Updates will be posted as bills move through the legislative process.
TCA may take positions on legislation when it directly affects the counseling profession, professional licensure, or client care. Our goal is to keep members informed, raise awareness, and support advocacy efforts that protect the integrity of the counseling profession and the public we serve.
Don't forget these helpful hints when communicating with your legislators!
SB 2227/ HB 2539
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The Tennessee Counseling Association (TCA) would like our members to be aware of legislature (SB 2227/ HB 2539) currently being considered in the Tennessee General Assembly. Language being considered in Section 7(d) would dissolve theTennessee Board for Licensed Professional Counselors, Licensed Marital and Family Therapists, and Licensed Clinical Pastoral Therapists and move oversight of these professions to a commission-run regulatory structure rather than maintaining a counseling-specific licensure board. TCA is actively monitoring this legislation and is in opposition to the bill as currently written.
Currently, counselors in Tennessee are regulated by a profession-specific licensure board composed primarily of licensed counselors and related professionals who have expertise in counseling practice, ethics, supervision, and training standards. This board reviews licensure applications, develops rules governing practice, and participates in disciplinary decision-making to help ensure public protection and professional accountability.
Under a commission-run structure, the profession would no longer have its own dedicated regulatory board. Instead, licensing and disciplinary decisions would be administered through a centralized commission or state regulatory body that may oversee multiple professions. In this model, regulatory decisions affecting counseling practice could be made by individuals who are not members of the counseling profession and may not have direct expertise in counseling practice, training, or supervision.
Changes proposed in this legislation raise several concerns for the counseling profession and the communities we serve, including:
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Loss of counseling-specific expertise in regulation. The current board ensures that regulatory decisions are informed by professionals who understand counseling practice, ethics, and supervision requirements.
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Reduced professional representation in decision-making. A commission-run model may shift authority to individuals outside the counseling profession.
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Potential imbalance across behavioral health professions. At this time, similar changes do not appear to be proposed for other helping profession boards (such as psychology, social work, or alcohol and drug counseling).
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Impacts on professional standards and public protection. The board plays an important role in maintaining counseling-specific ethical guidelines, supervision standards, and disciplinary review processes.
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Uncertainty around licensure pathways. The board currently helps maintain clear processes for counselor licensure, supervision, and entry into the workforce for new professionals.
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Possible implications for interstate practice initiatives. The board also supports Tennessee’s participation in efforts such as the Counseling Compact, which expands provider mobility and telehealth access.
The Tennessee Counseling Association will continue to monitor developments related to SB 2227 / HB 2539 and will provide updates as more information becomes available.
Members who wish to share their perspectives are encouraged to respectfully contact their legislators, particularly members of the Senate Commerce and Labor Committee, to emphasize the importance of maintaining counseling-specific regulatory expertise in Tennessee’s licensure system.
Tennessee Senate Commerce and Labor Committee
Chairman
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SB 1664 / HB 1665
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Tennessee SB 1664/HB 1665 currently under consideration in the Tennessee General Assembly. The legislation would restrict healthcare providers, including mental health professionals, from asking minors certain gender-related questions during clinical encounters.
As introduced, the bill would prohibit these questions unless a parent is physically present, fully informed, and provides written consent, and the questions are directly related to the diagnosis or treatment of a specific medical or psychological condition.
The legislation applies broadly to licensed healthcare providers, including licensed professional counselors, marriage and family therapists, psychologists, physicians, and other behavioral health professionals.
Examples of Questions Restricted by the Bill
The legislation identifies several categories of questions that healthcare providers would be prohibited from asking a minor unless the parental presence and written consent requirements are met. These include questions intended to determine whether a minor:
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Feels “normal” in their body
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Believes they are the “correct” gender
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Identifies as a gender different from their biological sex
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Experiences gender confusion or gender dysphoria
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Feels distress related to gender identity
The bill also includes broader language prohibiting any question intended to elicit statements about gender identity, gender confusion, or gender dysphoria from a minor unless the specified parental consent requirements are met.
The legislation would also:
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Require that parents have access to all forms, screening tools, and assessments provided to their minor child during a healthcare encounter.
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Restrict private discussions between healthcare providers and minors about gender identity, except in limited circumstances such as suspected abuse, neglect, or trafficking that would require mandatory reporting.
Potential Implications for Mental Health Counselors
If enacted, this legislation could affect several aspects of mental health counseling practice with minors.
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Limitations on clinical assessment. Counselors often use open-ended questions during psychosocial assessments to understand a client’s emotional distress, identity development, and presenting concerns. Restrictions on gender-related questions could limit counselors’ ability to conduct comprehensive assessments.
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Reduced confidentiality in adolescent counseling. Standard counseling practice may include limited confidential discussion between counselors and minor clients. The bill would require parental presence and written consent before certain gender-related topics could be discussed.
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Potential impact on clinical decision-making. Restrictions on assessment questions may affect counselors’ ability to fully evaluate mental health concerns and provide appropriate support for minors experiencing distress.
The Tennessee Counseling Association will continue to monitor the progress of SB 1664 / HB 1665 and provide updates to members as the legislation moves through the committee process.
TCA encourages members to stay informed about legislation affecting counseling practice and to engage respectfully with policymakers regarding issues that affect mental health care access and professional practice in Tennessee.
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The following document includes legislation that was identified and monitored by the Public Policy Committee earlier in the legislative session. While not all of these bills remain active priorities, they were part of our initial tracking process as we reviewed legislation that could impact the counseling profession.
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