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What is it?

Federal supremacy is the legal principle that federal law supersedes (or preempts) state law, making the Constitution the “supreme law of the land.” If federal and state laws conflict, federal law takes precedence.

How Does This Impact Counselors?

There are many areas where state and federal laws may come into conflict. Counselors need to know how to navigate these conflicts legally and in accordance with ACA’s Code of Ethics. For instance:

• Privacy laws: is bedrock federal privacy legislation for health information. Some states passed additional laws to further strengthen client privacy protections. As long as these provisions are at least as protective as HIPPA, HIPPA does not override these state laws and providers should adhere to the stricter state laws. For more information, see .
• LGBTQ+ laws: Federal law should offer certain protections for the LGBTQ+ community. However, counselors must be knowledgeable about the applicable laws in their state which may conflict with federal law.
• The number of anti-LGBTQ+ bills introduced in states has increased exponentially, and some of these bills have passed into law. often attempt to rollback LGBTQ+ protections and tend to target the transgender community and their access to care. While federal supremacy should offer some protection for LGBTQ+ rights, these controversial laws often lead to lawsuits, and some judges are inclined to side with states and limit LGBTQ+ protections. In some cases,

We affirm ACA’s support for the LGBTQ+ community and everyone’s right to access appropriate, evidence-based care. The �ֲ���ýCode of Ethics is committed to honoring diversity and embracing a multicultural approach. If you are concerned about ethical conflicts arising from these state laws, please contact ethics@counseling.org.

Additionally, your attorney general may be a helpful resource. Attorney generals may have resources on their website to help the public. It’s also important to check with an attorney with knowledge of health care law and the state licensing board, who generally works with their state attorney general on specific counseling issues or conflicts in the law.

Challenges

Because the concept of federal supremacy is enshrined in the Constitution, when states pass laws that potentially violate the Supremacy Clause, that often requires attention from the Supreme Court. Over centuries, the Supreme Court has at times expanded and contracted the interpretation of federal supremacy.

�ֲ���ýwill continue to monitor the quickly evolving landscape, share key updates and advocate for the counseling community and access to mental health care. If you have specific ethics questions or concerns, please email ethics@counseling.org. Please note that �ֲ���ýcannot provide legal advice, and we recommend you contact a lawyer about any legal questions.

This is not legal advice. If you have a legal question or need legal advice, please contact a lawyer. Here is a list of free or low-cost legal resources.