Text of ID S 1352 (2024)
Adds to existing law to provide that a counselor or therapist practicing in Idaho shall not be required to counsel a client in support of goals, outcomes, or behaviors that conflict with the sincerely held religious, moral, or ethical 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
Second Regular Session - 2024
IN THE SENATE
SENATE BILL NO. 1352
BY HEALTH AND WELFARE COMMITTEE
AN ACT
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RELATING TO COUNSELORS AND THERAPISTS; AMENDING CHAPTER 34, TITLE 54, IDAHO
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CODE, BY THE ADDITION OF A NEW SECTION 54-3416, IDAHO CODE, TO PRO-
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VIDE THAT NO PERSON PROVIDING COUNSELING OR THERAPY SERVICES SHALL BE
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REQUIRED TO COUNSEL OR SERVE A CLIENT IN SUPPORT OF GOALS, OUTCOMES,
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OR BEHAVIORS THAT CONFLICT WITH THE SINCERELY HELD RELIGIOUS, MORAL,
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OR ETHICAL PRINCIPLES OF THE COUNSELOR OR THERAPIST; AND DECLARING AN
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EMERGENCY AND PROVIDING AN 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 provide counseling to or facilitate the coun-
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seling of a client in support of goals, outcomes, or behaviors that conflict
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with the sincerely held religious, moral, or ethical principles of the coun-
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selor or therapist.
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(2)
The declination to provide or facilitate counseling or therapy as
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described in subsection (1) of this section shall not 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)
The right to decline to provide or facilitate counseling or ther-
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apy as described in subsection (1) of this section is limited to conscience-
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based objections to particular goals, outcomes, or behaviors that may be the
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objectives of particular types of counseling or therapy.
This section may
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not be construed to waive or modify any duty a counselor or therapist may have
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to provide or facilitate other types of counseling or therapy that support
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goals, outcomes, or behaviors that do not violate the counselor's or thera-
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pist's conscience.
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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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(5) A civil action may be brought by a counselor or therapist for a vi-
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olation of any provision of this section. A counselor or therapist shall be
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entitled, upon the finding of a violation, to declaratory or injunctive re-
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lief, and to recover the costs of the action and reasonable attorney's fees.
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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, 2024.
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