Emerging Legislative Issues:Responding to Conscience

Clause Legislation

Kathy Bieschke & Linda Forrest

• Court cases

• Legislative initiatives

• First Amendment Rights

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Legal Context

Court Cases

Keeton v. Anderson-Wiley (2011)

Ward v. Wilbanks, et al. (2010, 2012)

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• Arizona

• Michigan

• Tennessee

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Legislative Context

Arizona HB 2565 “University Students’ Religious Liberty Act”

(Enacted 2011)

“A university or community college shall not discipline or discriminate against a student in a counseling, social work, or psychology program because the student refuses to counsel a client about goals that conflict with the student’s sincerely held religious belief if the student consults with the supervising instructor or professor to determine the proper course of action to avoid harm to the client.”

http://www.azleg.gov/legtext/50leg/1r/bills/hb2565s.pdf

Court cases and legislative actions constrain…

• Educators’ authority to determine standards of professional competence

• Educators’ ability to evaluate and remediate trainees

• Preparation of competent psychologists to serve a diverse public

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Why is this important?

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Religious Liberty & Conscience

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” First Amendment to the Constitution, December 15, 1791

• A Century of European Religious Wars• The Radical Reformation • The Enlightenment• Variety of State Churches in the Colonies• Freedom of Religion & Conscience

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Historical Factors Impacting Early American Religious Liberty Tradition

• Proponents assert that conscience clauses embody 1st amendment religious liberty principles.

• The Supreme court holds that state actors are to maintain a

non-hostile neutrality towards religion & freedom of conscience is to be ensured.

• YET, the right to free exercise of religion does not require the state to accommodate religious practices when it has a compelling interest to do otherwise but this a very high burden (Sherbert v. Verner, 1963)

Conscience Clauses

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• Jurisdictions regulate mental health practice for the public good and have a compelling interest in ensuring that mental health professionals do good and not harm.

• Training programs have a responsibility to prepare professionals who can fulfill this public good.

• We need to be pro-competence…but not anti-religious or anti-conscience

A Compelling Interest?

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• Pedagogical Statement – outline of psychology commitments

• Flow chart - to assist programs to prepare and respond to these issues when they arise in training

• Sample program statement

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APA Proactive Efforts

BEA Working Group on Trainee Conflicts Serving Diverse Clients

• Linda Forrest, Chair• Kathy Bieschke • Jessye Cohen-Filipic • Louise Douce• Bill Hathaway• Erica Wise

• Addresses conflicts between trainee worldviews and psychology’s commitment to serve diverse public

• Acknowledges obligation to engage trainees when their worldviews impede provision of competent care

• Asserts commitment to prepare trainees to beneficially and non-injuriously serve ALL clients/patients

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Pedagogical Statement

• Developmental approach to competency acquisition

• Trainers model introspection and cognitive flexibility

• Integral to curriculum: coursework and practica• Trainees cannot be selective about core

competencies

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Asserts need for supportive training environment

• Trainers work in respectful manner with trainees• Allow time for trainees to integrate personal

beliefs with professional standards• Trainers make client reassignment decisions

based on client welfare• Trainees can not expect to be exempted from

serving any category of clients

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Supportive Training Environment (continued)

• Commitment to serve diverse public described in ALL program materials

• Expectations reiterated throughout training• Notify students that failure to demonstrate

levels of competence could lead to dismissal

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Calls for transparency in expectations, policies, and procedures

• Professional code of ethics• Standards for education and training • These documents mandate training programs

ensure graduates are prepared to serve a diverse public

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Asserts professional standards to ensure competence to protect the public

Flowchart

Preparing Professional Psychologists

to Serve a Diverse Public:

Addressing Conflicts between

Professional Competence

and Trainee Beliefs

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FlowchartPreparing Professional Psychologists to Serve a Diverse Public:

Addressing Conflicts between Professional Competence and Trainee Beliefs

Thoughtful adoption of a program policy

Trainee informed consent

Meaningfully integrate policy into education and training

Maintain consistent, respectful expectations of competence

Conflict resolution

Program Self Analysis

• Do you have an explicit program statement that all trainees are expected to develop competencies to serve a diverse clientele?

• Do students who are offered admission formally agree with program policies?

• How do you ensure trainee worldviews, values and beliefs are treated with dignity and respect?

Two more opportunities

• Is it Time to Retire the Training Values Statement? (Friday, March 15, 3:15-4:45pm)

• Education and Training Challenges that Arise from “Conscience Clause” Legislation and Court Rulings on Program Dismissals (Sunday, March 17th, 8:50-10:50am)