572. Free Speech or Standard of Care? Summarizing the Chiles vs. Salazar Decision

Would you rather read the transcript? Click here. The landscape of mental health regulation shifted dramatically in March 2026 with the Supreme Court’s ruling in Chiles v. Salazar. In this episode, I break down why a Colorado case about conversion therapy has far-reaching consequences for every licensed professional, particularly those of us in the assessment world. We explore the court’s decision to reclassify “talk therapy” and diagnostic reporting as protected speech rather than mere professional conduct. While this ruling offers a new shield against state-mandated orthodoxy (potentially protecting gender-affirming care in restrictive states), it also weakens the ability of licensing boards to proactively prevent harmful “quackery.” I discuss the “intellectual disability paradox” in legal precedent and why we might need to return to more rigid documentation to protect ourselves from the coming wave of civil litigation. Main Topics 00:35: The origins of the Minor Conversion Law (MCTL) and the 2019 Colorado legislative intent 01:34: Kaylee Chiles’ First Amendment challenge and the “talk therapy as speech” argument 02:45: The Supreme Court’s 8-1 decision: Viewpoint discrimination and the Gorsuch majority opinion 04:30: Medical consensus vs. constitutional protection: Why the court rejected the “standard of care” defense 05:25: Justice Katanji Brown Jackson’s dissent: The “scalpel vs. speech” warning and the danger of substandard care 07:10: Potential negative impacts: Proliferation of unproven therapies and the erosion of consumer trust 08:45: The silver lining: How this ruling could safeguard gender-affirming and reproductive health care 10:34: Impact on testing psychologists: Diagnostic reports as “synthesis of clinical judgment” and protected viewpoints 13:45: The shift in accountability: From proactive board regulation to reactive medical malpractice lawsuits 16:50: Practical takeaways: Navigating the new requirement for “flexibility in interpretation, rigidity in documentation.” Cool Things Mentioned Craft: the premier membership community for testing psychologists Crafted Practice: the only in-person business retreat for testing psychologists Reverb: the premier AI-powered report-writing platform for testing psychologists Featured Resources TherapyNotes is the leading EHR system for mental health practitioners. I’ve used TherapyNotes for over 10 years, and it just keeps getting better. Use this link and the promo code “testing” to get two free months and try it for yourself! www.therapynotes.com/testing NovoPsych brings 150+ standardized measures into one platform. If you’re interested in high quality measures for personality, disability, ADHD or Autism, try NovoPsych with a 15-day free trial via this link: https://novopsych.com/testingpsychologist  The Testing Psychologist podcast is approved for CEU’s! I’ve partnered with At Health to offer CE credits for podcast episodes! Visit this link to access current and past episodes available for CE credit. You can use code “TTP10” for a discount on ALL the course credits you purchase from At Health!credit. You can use code “TTP10” for a discount on ALL the course credits you purchase from At Health! About Dr. Jeremy Sharp I’m a licensed psychologist and Clinical Director at the Colorado Center for Assessment & Counseling, a private practice that I founded in 2009 and have grown to over 20 clinicians. I earned my undergraduate degree in Experimental Psychology from the University of South Carolina before getting my Master’s and PhD in Counseling Psychology from Colorado State University. These days, I specialize in psychological and neuropsychological evaluation with kids and adolescents. As the host of the Testing Psychologist Podcast, I provide private practice consulting for psychologists and other mental health professionals who want to start or grow psychological testing services in their practices. I live in Fort Collins, Colorado with my wife (also a therapist) and two young kids. Ready to grow your testing services? Click below to schedule a complimentary 30-minute pre-consulting call! Schedule Your Call