Protect Counseling Freedom in Colorado

Colorado lawmakers are advancing a bill that could fundamentally change how counseling works – limiting what professionals can say and expanding legal risk for families and providers alike. 

HB 26-1322 creates a sweeping new cause of action tied to counseling conversations and decisions. It allows lawsuits not only against licensed mental health professionals, but also against those who employ or work with them.

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. The bill also allows for economic, noneconomic, and punitive damages, significantly raising the stakes for anyone involved. 

Perhaps most concerning, it permits claims to be brought at any time, with no statute of limitations – meaning lawsuits could be filed years or even decades later.

This creates serious uncertainty for counselors and could have a chilling effect on open, honest conversations in private sessions. 

It also raises important questions about whether parents will be able to continue accessing counseling that reflects their child’s needs and values. 

At its core, this bill risks:

• Limiting free speech in private counseling conversations
• Expanding legal liability far beyond typical standards
• Making it harder for families to access the care they choose

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