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Rules counsel recommends fixing "threaten to sue" language in genetic-counselor bill
Summary
The committee’s rules attorney said House Bill 4010 largely performs routine regulation of genetic counselors but flagged a clause forbidding adverse action or threatened lawsuits against counselors who decline services on conscience grounds; he recommended removing the "threatening to sue" language by floor amendment to avoid First Amendment issues.
Tim Fleming, the committee’s rules attorney, told members that House Bill 4010 mostly creates routine oversight for genetic counselors but includes a provision that "a person may not take or threaten to take adverse action against a genetic counselor for declining to participate in a genetic counseling service on the basis of conscience." Fleming said the provision, as written, could be read to restrict speech or litigation and recommended a floor amendment to remove the "threatening to sue" language.
Fleming said the state constitution recognizes liberty-of-conscience protections (Article 11, Section 13) but that the draft, by broadly forbidding "threatening a lawsuit," could create a First Amendment problem by limiting the ability of parties to threaten or file litigation. He reported a floor amendment was in progress with the sponsor to remove the problematic language; otherwise the bill was in proper form.
The committee recommended HB 4010 as constitutional and in proper form by a recorded vote of 4 ayes, 2 nays and 2 absent.
Why it matters: The conscience provision affects the balance between provider conscience protections and the rights of third parties to seek redress; drafting affects both constitutional and practical litigation rights.
Next steps: Sponsor and counsel to finalize the floor amendment removing the "threatening to sue" language before further action.
