Emerging Legislative Issues: Responding to Conscience Clause Legislation

1. Emerging Legislative Issues:Responding to Conscience Clause Legislation Kathy Bieschke & Linda Forrest

2. Legal Context Court cases Legislative initiatives First Amendment Rights

3. Court Cases Keeton v. Anderson-Wiley (2011) Ward v. Wilbanks, et al. (2010, 2012)

4. Legislative Context Arizona Michigan Tennessee

5. 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

6. Why is this important? 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

7. “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 Religious Liberty & Conscience

8. Historical Factors Impacting Early American Religious Liberty Tradition A Century of European Religious Wars The Radical Reformation The Enlightenment Variety of State Churches in the Colonies Freedom of Religion & Conscience

9. Conscience Clauses Proponents assert that conscience clauses embody 1st amendment religious liberty principles. The Supreme court holds that state actors are to maintain anon-hostile neutralitytowards 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)

10. A Compelling Interest? 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

11. APA Proactive Efforts 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

12. BEA Working Group on Trainee Conflicts Serving Diverse Clients • Linda Forrest, Chair • Kathy Bieschke • Jessye Cohen-Filipic • Louise Douce • Bill Hathaway • Erica Wise

13. Pedagogical Statement 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

14. Asserts need for supportive training environment Developmental approach to competency acquisition Trainers model introspection and cognitive flexibility Integral to curriculum: coursework and practica Trainees cannot be selective about core competencies

15. Supportive Training Environment (continued) 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 "

16. Calls for transparency in expectations, policies, and procedures 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

17. Asserts professional standards to ensure competence to protect the public Professional code of ethics Standards for education and training These documents mandate training programs ensure graduates are prepared to serve a diverse public

18. Flowchart Preparing Professional Psychologists to Serve a Diverse Public: Addressing Conflicts between Professional Competence and Trainee Beliefs

19. 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

20. 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?

21. 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)