Spirit Of The Law State Has No Business Licensing Pastoral Care, Critics Of Law Say

Idaho is unconstitutionally entangled in religion, Rep. Bill Sali told the House on Thursday, urging lawmakers to repeal a law that licenses pastoral counselors.

Members voted 51-19 to revoke the 1997 law that provides state licensing and regulation of pastoral counselors. The measure now goes to the Senate.

“Issues of pastoral counseling involve spiritual matters - not state matters,” Rep. Robert Schaefer, R-Nampa, said.

Last year, pastoral counselors lobbied for a state license which would enable them to bill insurance companies for their services. In the session’s closing days, legislators approved the measure. Gov. Phil Batt allowed the bill to become law without his signature.

After passage, lawmakers started hearing angry complaints from voters who believed the law was unconstitutional.

Sali, who originally backed the law, asked the state Attorney General’s office to make a ruling last month. Matthew McKeown, deputy attorney general, said the state may be endorsing religious norms by requiring pastoral counselors to meet guidelines specified by the American Association of Pastoral Counselors.

Even though applying for a license is optional, McKeown said the law forces pastoral counselors to comply with the criteria or give up the benefits of the license, such as collecting insurance money.

Some legislators argued that the state should give the law a chance. Currently nobody has applied for a pastoral license.

“The fact is the legislation has never been tried,” said Rep. Patrick Bieter, D-Boise. “Give the thing a chance.”

Many troubled students used to ask Bieter, a former Boise State University professor, for advice. Bieter said he referred many students to counselors with a religious emphasis. “It allows people to hang out a shingle and say if you come to me I’ll look at your problem from the psychological and religious” viewpoints, he said.

Sali said lawmakers may find a way to license pastoral counselors without snarling government and religion. However, he said the first step is repealing the law before the state finds itself in a lawsuit. The measure to repeal the law ignited heated debate during the Jan. 22 House Health and Welfare Committee meeting.

Kent Schaufelberger, a Lutheran pastor, argued that licensing pastoral counsels, who charge a fee for service, is good consumer protection - not an attempt to limit religious freedom.

“They use these reasons that play on our fear of regulation,” he said. “Especially the fear that regulation will come down on the church.”

, DataTimes