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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.”

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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.

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