Text of IN SB 300 (2020)
Conscience protection for mental health providers.
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As introduced
6,731 characters
Introduced Version
SENATE BILL No. 300
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-23.6-12.
Synopsis: Conscience protection for mental health providers. Provides
that a behavioral health or human services professional (professional)
may be not required to: (1) perform; (2) participate in; or (3) provide;
a service that violates any sincerely held ethical, moral, or religious
belief held by the professional. Provides that a professional may not be
required to perform, participate in, or provide, as a condition of: (1)
training; (2) employment; (3) pay; (4) promotion; or (5) privileges; a
service that violates any sincerely held ethical, moral, or religious
belief held by the professional. Prohibits a hospital or other employer
from: (1) discriminating against; or (2) disciplining; a professional
because of a sincerely held ethical, moral, or religious belief held by
the professional. Allows a professional to bring a civil cause of action
in certain instances. Specifies certain remedies and requirements.
Requires a professional to refer a person who is denied service on
ethical, moral, or religious grounds to an alternative professional.
Effective: July 1, 2020.
Brown L
January 9, 2020, read first time and referred to Committee on Health and Provider
Services.
2020
IN 300—LS 7154/DI 123
Introduced
Second Regular Session of the 121st General Assembly (2020)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 300
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
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SECTION 1. IC 25-23.6-12 IS ADDED TO THE INDIANA CODE
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AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2020]:
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Chapter 12. Conscience Protection for Behavioral Health and
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Human Services Professionals
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Sec. 1. This chapter applies to a behavioral health or human
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services professional.
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Sec. 2. (a) As used in this chapter, "behavioral health or human
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services professional" means a person who is:
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(1) listed or described in subsection (b); or
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(2) presently:
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(A) enrolled in an an undergraduate or graduate program
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for a profession listed in subsection (b);
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(B) an intern for a professional listed in subsection (b); or
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(C) in possession of an associate's license for a profession
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listed in subsection (b).
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(b) The following individuals are behavioral health or human
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services professionals:
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(1) A clinical social worker.
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(2) A counselor.
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(3) A clinical addiction counselor.
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(4) A licensed addiction counselor.
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(5) A licensed addiction counselor associate.
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(6) A licensed bachelor's degree social worker.
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(7) A licensed clinical addiction counselor associate.
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(8) A licensed social worker.
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(9) A marriage and family therapist.
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(10) A mental health counselor.
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(11) A mental health therapist.
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(12) A social worker.
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(13) A case manager, or the professional equivalent, for any
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person described in subdivisions (1) through (12).
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Sec. 3. A behavioral health or human services professional may
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not be required to:
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(1) perform;
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(2) participate in; or
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(3) provide;
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a service that violates any sincerely held ethical, moral, or religious
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belief held by the behavioral health or human services professional.
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Sec. 4. A behavioral health or human services professional may
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not be required to perform, participate in, or provide, as a
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condition of:
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(1) licensure;
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(2) training;
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(3) employment;
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(4) pay;
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(5) promotion; or
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(6) privileges;
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a service that violates any sincerely held ethical, moral, or religious
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belief held by the behavioral health or human services professional.
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Sec. 5. A hospital or other employer may not:
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(1) discriminate against; or
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(2) discipline;
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a behavioral health or human services professional because of a
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sincerely held ethical, moral, or religious belief held by the
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behavioral health or human services professional.
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Sec. 6. A professional licensing board may not:
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(1) withhold;
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(2) suspend; or
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(3) revoke;
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the professional license of a behavioral health or human services
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professional for refusing to provide a service that would violate a
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sincerely held ethical, moral, or religious belief held by the
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behavioral health or human services professional.
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Sec. 7. (a) A civil cause of action seeking one (1) or more of the
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remedies specified in subsection (b) may be brought by a
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behavioral health or human services professional who:
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(1) is aggrieved by any violation of sections 3 through 5 of this
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chapter; and
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(2) complies with section 7 of this chapter.
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(b) A behavioral health or human services professional may
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seek one (1) or more of the following remedies for any violation of
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sections 3 through 5 of this chapter:
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(1) Compensatory damages.
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(2) Punitive damages.
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(3) Declaratory relief.
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(4) Injunctive relief.
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(5) The reinstatement of employment, pay, or privileges, as
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applicable.
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(6) Any other relief permitted under state or federal law.
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(c) The issuance of any relief under this section does not prohibit
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a behavioral health or human services professional described in
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subsection (a) from seeking any other relief permitted under state
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or federal law.
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Sec. 8. A behavioral health or human services professional who
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refuses to:
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(1) perform;
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(2) participate in; or
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(3) provide;
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a service due to a sincerely held ethical, moral, or religious belief
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must refer any person who is refused or denied service to an
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alternate behavioral health or human services professional.
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IN 300—LS 7154/DI 123