TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 34

COUNSELORS AND THERAPISTS

54-3416.  sincerely held principles. (1) No person engaged in the practice of professional counseling or marriage and family therapy in the state of Idaho shall be required to provide counseling to or facilitate the counseling of 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.

(2)  The declination to provide or facilitate counseling or therapy as described in subsection (1) of this section shall not be the basis for:

(a)  A civil cause of action;

(b)  Criminal prosecution; or

(c)  Disciplinary action pursuant to section 54-3407, Idaho Code.

(3)  The right to decline to provide or facilitate counseling or therapy as described in subsection (1) of this section is limited to conscience-based objections to particular goals, outcomes, or behaviors that may be the objectives of particular types of counseling or therapy. This section may not be construed to waive or modify any duty a counselor or therapist may have to provide or facilitate other types of counseling or therapy that support goals, outcomes, or behaviors that do not violate the counselor’s or therapist’s conscience.

(4)  Actions that are lawful under this section but that may be considered to violate any counseling association code of ethics shall not be grounds for the board to discipline a professional counselor or marriage and family therapist pursuant to section 54-3407, Idaho Code.

(5)  A civil action may be brought by a counselor or therapist for a violation of any provision of this section. A counselor or therapist shall be entitled, upon the finding of a violation, to declaratory or injunctive relief, and to recover the costs of the action and reasonable attorney’s fees.

History:

[54-3416, added 2024, ch. 152, sec. 1, p. 599.]