Rules counsel recommends fixing "threaten to sue" language in genetic-counselor bill

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.