Protect Counseling Freedom in California

California lawmakers are advancing SB 934 – a bill that could significantly change how counseling is practiced and expand legal risk for both professionals and families.

In an effort to workaround the Supreme Court’s ruling that counselors are free to counsel gender-confused minors to be comfortable with their sex, these provisions create long term uncertainty for mental health professionals and those involved in care decisions.

SB 934 creates new pathways for lawsuits tied to counseling conversations and decisions, while extending the timeframe for bringing claims far beyond typical limits.

• Individuals who were minors at the time of counseling could bring claims decades later – up to 40
• Adults could bring claims up to 10 years after treatment, or longer depending on when harm is discovered
• The bill also allows for claims based on delayed recognition of psychological harm, further extending potential liability

This comes as policymakers consider next steps following recent legal challenges around how counseling conversations are regulated, raising broader questions about free speech and the role of the state in private counseling settings. In addition, liability may extend beyond individual providers to those who employ or supervise them. 

Together, these provisions create long term uncertainty for mental health professionals and those involved in care decisions.

This could have a chilling effect on open and honest conversations in counseling – where trust and the ability to speak freely are essential.

It also raises important questions about whether families will continue to have access to counseling that reflects their needs and values.

At its core, the bill risks:

• Expanding legal liability far beyond typical standards
• Discouraging open dialogue in private counseling settings
• Limiting access to a full range of care options for families

California lawmakers are moving this bill forward – and they need to hear from you now.