BOISE, Idaho — The Idaho Senate gave a green light to Senate Bill 1352 (S1352) after a lengthy debate to favored protections for counselors and therapists to exercise their deeply held religious beliefs.
S1352 grants mental health professionals the ability to deny a client who wants "outcomes or behaviors that conflict with the sincerely held religious, moral, or ethical principles of the counselor or therapist."
A counselor cannot be held civilly or criminally liable for exercising this right if it were to become law. Rejecting a client for religious reasons could not be a reason for losing a license to practice, the bill adds.
"No Idahoan should be required to check their moral or ethical principles at the door of their profession," bill sponsor Sen. Carl Bjerke (R - Coeur d'Alene) said, "that's what this is about."
Sen. Melissa Wintrow (D-Boise) opposed the legislation. She argued the profession is already guided by a comprehensive code of ethics; this bill does not fully align with that code of ethics message.
"They deal with talking to the professionals about how you can find balance with your own values, as well as your clients," Wintrow said. "Under this bill, it is basically allowing a counselor to get off the hook if they violate their ethics."
Sen. James Ruchti (D-Boise) further found fault in the bill sponsor's logic; Bjerke argued this legislation would help a hypothetical counselor who does not want to help a client justify his desire to cheat on his wife.
"I just don't think that's the way counseling works. But I'm not a counselor, so maybe I'm wrong. But this is about people gay people," Ruchti said. "That's what we're really talking about."
Lieutenant Governor Scott Bedke warned Ruchti to preface his comments with that of his personal opinion; otherwise, Ruchti is Impugning motives.
Idaho marriage and family counselor Sean Nixon agrees with Ruchti; this type of legislation has become popular in states across the country over the last decade, according to Nixon. He is unaware of any state counseling association that asked for this legislation.
"We're not treating people's lifestyles. We're treating illness," Nixon said. "Counseling gets this view that we're just a friend that's going to agree with [you]. There's been many sessions where I've had clients and families leave upset with me, because I pointed out the disassociation between thought and reality."
The industry code of ethics requires counselors to disclose the topic of conversation they personally find difficult. Counselors are to remedy the conflict by seeking external help from a mentor in the industry. The counselor also must seek additional training to help their client before referring them to another professional.
A referral is a last resort because of the stress it can put on the client.
"They have to go through the whole process again, of explaining their life," Nixon said. "And they have to do this in a completely new environment, not knowing how this other counselor is going to react to them."
An identical piece of 2023 legislation - House Bill 63 - passed the House before stalling in the Senate Health and Welfare Committee. Nixon anticipates S1352 will have no problem getting to governor’s desk for that reason.
At the very least, Nixon is asking for an amendment to the legislation to include mandatory referrals. As written, a counselor could cut off a client cold with no follow up or direction.
“[The code of ethics] is not who sets the policy for licensure in the state of Idaho. We set the policy,” Sen. Kelly Anthon said.
The bill passed the Senate floor by a final 23-11 vote. It now moves to the House for further consideration.
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