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Committee advances bill barring licensing boards from asking about applicants' mental-health treatment

2315961 · February 13, 2025

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Summary

House Bill 2173, which prohibits licensing authorities from asking applicants whether they have sought mental‑health diagnosis or treatment, passed the committee by a wide margin after testimony from nursing and hospital groups on workforce and stigma concerns.

The committee voted to return House Bill 2173 with a due-pass recommendation after testimony from nursing, hospital, and professional groups that questions about past mental-health treatment on licensing applications deter health professionals from seeking care.

The bill would bar regulatory boards or licensing authorities from including application or renewal questions that request whether an applicant has sought mental‑health assistance or received a mental‑health diagnosis or treatment. The measure allows boards to ask whether an applicant is currently under a monitoring order in another state for impairment, including substance-abuse monitoring, and permits non‑response where monitoring is part of a confidential program.

Nursing association president Heidi Sanborn and hospital association representative Damien Johnson urged support, saying the questions create a chilling effect that worsens workforce shortages and harms patient safety by discouraging providers from getting treatment. Sanborn said nearly one in three nurses experiences burnout and that boards’ questions deter treatment seeking. Hospital witnesses described the operational strain of losing staff who avoid care due to licensing concerns.

The committee approved the bill on a roll call, 11 ayes and 1 nay. Several members said they supported the bill but wanted continued conversations on substance‑abuse monitoring language.