Text of ID H 63 (2023)
Adds to existing law to provide that no counselor or therapist will be required to counsel or serve a client regarding goals, outcomes, or behaviors that conflict with the sincerely held principles of the counselor or therapist.
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As introduced
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-seventh Legislature
First Regular Session - 2023
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 63
BY HEALTH AND WELFARE COMMITTEE
AN ACT
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RELATING TO COUNSELORS AND THERAPISTS; AMENDING CHAPTER 34,
TITLE 54,
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IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-3416, IDAHO CODE, TO
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PROVIDE THAT NO PERSON PROVIDING COUNSELING OR THERAPY SERVICES WILL
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BE REQUIRED TO COUNSEL OR SERVE A CLIENT REGARDING GOALS, OUTCOMES,
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OR BEHAVIORS THAT CONFLICT WITH THE SINCERELY HELD PRINCIPLES OF THE
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COUNSELOR OR THERAPIST; AND DECLARING AN EMERGENCY AND PROVIDING AN
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EFFECTIVE DATE.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1.
That Chapter 34, Title 54, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 54-3416, Idaho Code, and to read as follows:
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54-3416.
SINCERELY HELD PRINCIPLES. (1) No person engaged in the prac-
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tice of professional counseling or marriage and family therapy in the state
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of Idaho shall be required to counsel or serve a client regarding goals,
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outcomes, or behaviors that conflict with the sincerely held principles of
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the counselor or therapist, provided that the professional counselor or mar-
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riage and family therapist coordinates a referral of the client to another
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counselor or therapist who will provide the counseling or therapy.
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(2) The refusal to provide professional counseling or marriage and fam-
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ily therapy services as described in subsection (1) of this section shall not
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be the basis for:
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(a) A civil cause of action;
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(b) Criminal prosecution; or
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(c) Disciplinary action pursuant to section 54-3407, Idaho Code.
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(3)
Subsections (1) and (2) of this section shall not apply to a coun-
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selor or therapist when an individual seeking or undergoing counseling is in
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imminent danger of harming himself or others until such time as the counselor
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has fulfilled his duty to warn obligations under chapter 19, title 6, Idaho
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Code, if applicable, and has transferred the patient to the care of another
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counselor or therapist.
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(4)
Actions that are lawful under this section but that may be con-
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sidered to violate any counseling association code of ethics shall not be
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grounds for the board to discipline a professional counselor or marriage and
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family therapist pursuant to section 54-3407, Idaho Code.
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SECTION 2.
An emergency existing therefor, which emergency is hereby
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declared to exist, this act shall be in full force and effect on and after
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July 1, 2023.
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