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Legal & Regulatory

Issues relating to the laws and regulations that govern the professional practice of counseling.
Issues relating to the laws and regulations that govern the professional practice of counseling.
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Questions and Answers

Eric Ström, JD, MA, LMHC
Eric Ström, JD, MA, LMHC
Attorney & Licensed Mental Health Counselor

Your doctor might be required to tell your psychiatrist - especially if your doctor is concerned about your safety.It was definitely a good thing that you told your primary care physician about what is going on. I know that must have been difficult to talk about with him. By having that... more

The information above is intended as general information...  (more)The information above is intended as general information based on minimal information, and does not constitute health care nor legal advice. This information does not constitute communication with a counselor/therapist/attorney nor does it create a therapist-client nor attorney-client relationship nor any of the privileges that relationship may provide. If you are currently feeling suicidal or are in crisis, call 911 or proceed to your local emergency room.
Sherry Katz, LCSW
Sherry Katz, LCSW
Couples and Family Therapist, LCSW

The answer varies depending on what State you are in, whether the eating disorder treatment center is part of a larger psychiatric facility, and the diagnosis which the therapist states describes your psychological and emotional condition leading to the decision to admit.Also keep in mind that all... more

The information above is intended as general information...  (more)The information above is intended as general information based on minimal information, and does not constitute health care advice. This information does not constitute communication with a counselor/therapist nor does it create a therapist-client relationship nor any of the privileges that relationship may provide. If you are currently feeling suicidal or are in crisis, call 911 or proceed to your local emergency room.
Eric Ström, JD, MA, LMHC
Eric Ström, JD, MA, LMHC
Attorney & Licensed Mental Health Counselor

In New York (like most states), the law generally is what's called a "one-party consent" rule. This means that in most cases it is legal to record a conversation as long as consent has been granted by at least one person involved in the conversation.It probably would not be illegal for a client to... more

The information above is intended as general information...  (more)The information above is intended as general information based on minimal information, and does not constitute health care nor legal advice. This information does not constitute communication with a counselor/therapist/attorney nor does it create a therapist-client nor attorney-client relationship nor any of the privileges that relationship may provide. If you are currently feeling suicidal or are in crisis, call 911 or proceed to your local emergency room.
Eric Ström, JD, MA, LMHC
Eric Ström, JD, MA, LMHC
Attorney & Licensed Mental Health Counselor

The specific laws about this will vary from state to state. Generally, the only way to "force" someone to get mental health care is if they pose an imminent theft of harm to themself or someone else, or if they are unable to care for themself. More importantly, is dealing with your safety. Most... more

The information above is intended as general information...  (more)The information above is intended as general information based on minimal information, and does not constitute health care nor legal advice. This information does not constitute communication with a counselor/therapist/attorney nor does it create a therapist-client nor attorney-client relationship nor any of the privileges that relationship may provide. If you are currently feeling suicidal or are in crisis, call 911 or proceed to your local emergency room.
Eric Ström, JD, MA, LMHC
Eric Ström, JD, MA, LMHC
Attorney & Licensed Mental Health Counselor

This is a great question - especially since technology assisted counseling is definitely the current growing edge of the field.There are a few things you'll want to look into before starting an online practice:1) Check out your state laws regarding online counseling - keep in mind there are... more

The information above is intended as general information...  (more)The information above is intended as general information based on minimal information, and does not constitute health care nor legal advice. This information does not constitute communication with a counselor/therapist/attorney nor does it create a therapist-client nor attorney/client relationship nor any of the privileges that relationship may provide. If you are currently feeling suicidal or are in crisis, call 911 or proceed to your local emergency room.
Sherry Katz, LCSW
Sherry Katz, LCSW
Couples and Family Therapist, LCSW

I'm sorry to hear about being taken advantage of by your former wife.On the positive side, think of how much you learned by going through this very painful time.Maybe you are naturally very generous and caring, to the point of expecting very little from the other person, for example.Consider... more

The information above is intended as general information...  (more)The information above is intended as general information based on minimal information, and does not constitute health care advice. This information does not constitute communication with a counselor/therapist nor does it create a therapist-client relationship nor any of the privileges that relationship may provide. If you are currently feeling suicidal or are in crisis, call 911 or proceed to your local emergency room.