Opt-out rule for counselors gets approval

Lawmakers OK allowing religious, moral objections

Lawmakers on Tuesday approved a new regulation that permits a counselor to opt out of working with a client if the provider has a conflict of "conscience" -- a rule that some claim permits discrimination against gay clients.

The Arkansas Legislative Council's Administrative Rules and Regulations Subcommittee gave final approval of the rule for the state Board of Examiners in Counseling. The rule would protect counselors from sanctions for referring away clients based on any "ethical, moral or religious principle" the counselor had that made him reluctant to provide treatment.

The head of the board, Michael Loos, said the new rule was necessary to protect the rights of patients and practitioners. He said counselors would be able to opt out of working with clients only after the counselors did their "due diligence" by consulting with a peer.

"If I could, I'd go back to encourage the board to change 'conscience clause' to 'due diligence' because that's exactly what it's about," Loos said. "We're going to be policing our own profession, making sure folks are doing what they're supposed to do with those issues that intrude upon their ability to be with a client. ... Not discarding [their values and beliefs] but not allowing them to interfere with counseling services."

The rule deviates from the American Counseling Association's code of ethics, which does not allow counselors to refer away a client based on any religious or moral objection.

A press statement from the American Counseling Association's CEO, Rich Yep, said Arkansas' new rule "directly violates" national standards and "creates an environment" in which counselors can discriminate against gay clients.

"As a profession dedicated to diversity and inclusivity, we urged the [legislators] not to pass this," Yep wrote. The association "remains steadfast in its opposition to this unethical law that enables prejudice," he wrote.

Loos said he thinks the national group's approach is overly broad and poorly "articulated."

"I think there are times and occasions where some folks really cannot get by themselves, in which case, what we want to do is protect the client and protect the practitioner," Loos said. "We're not going to say we're not going to let you practice anymore because of your values or beliefs."

Loos declined to talk to media about the rule or about the criticism of it, although in the past he has said the break from the national association's standards was necessary because "you can't treat a discriminatory issue by being discriminating."

Earlier this year, Loos said the rule was a middle ground between the national standard and a law passed in Tennessee. That Tennessee law prevented counselors from being sanctioned for not treating someone whose lifestyle conflicted with their values.

The Arkansas rule has also drawn criticism from the Arkansas chapter of the American Civil Liberties Union. Last month, the group's head, Rita Sklar, said the rule was about using religion to discriminate against gay clients, "plain and simple."

There was no debate over the measure during Tuesday's meeting.

Afterward, Rep. Clarke Tucker, D-Little Rock, said there were several technical issues. He also said he was concerned about the message that regulations like this send to those outside the state and he doesn't want to see corporations or artists pull out of commitments in Arkansas over it, like has been seen in other states. After the Tennessee law passed, the national counseling association pulled its annual convention from that state.

"We're taking the step of going away from the [national] guidelines and we're taking this extra step, for the image of Arkansas, it makes it seem that we create rules here that are unfriendly to the LGBT community and that's problematic," Tucker said, referring to the lesbian, gay, bisexual and transgender community. "You never know what's going to happen when you're playing with fire."

Metro on 07/13/2016

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