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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

Kaileen McMickle, MS, LPC
Kaileen McMickle, MS, LPC
Licensed Professional Counselor

Your apartment manager is legally required under federal law to allow the ESA to live with you if you have provided documentation from a licensed therapist. It does not matter if they have a no-pet policy if you have met these qualifications.You do not need a trained service animal nor do you need... 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.
Leonard Pikaard
Leonard Pikaard
When you're ready, help is here.

At present, the American Disability Association (ADA) only allows protection and guiltiness for Service Animals, which is fall under a separate distinction from Emotional Support Animals. Emotional support animals are untrained animals (typically pets or other domestic animals) that provide... 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.
Sherry Katz, LCSW
Sherry Katz, LCSW
Couples and Family Therapist, LCSW

Agree with the apartment manager's viewpoint that your disability is not a physical limitation.Ask the manager if they'd accept an explanatory letter from a therapist who is licensed to diagnosis emotional disabilities.If the answer is yes, then find a therapist who's willing to cooperate with what... 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

I see a few issues here:First, the age of the child is important. If the child is considered an "adult" by state law with regard to counseling (states differ on this - the range is typically between age 13 and age 18), no one is allowed to be in the session without the child's consent.Second... 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.
Ian Palombo
Ian Palombo
#ThoughtMediator & #LifeUntangler

Short answer: No.Long answer: There are few instances where a therapist can break confidentiality and have a client involuntarily admitted to a treatment center. The therapist would have to believe the client is a danger to themselves or others or gravely disabled, at which point they would place a... 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

Typically, a therapist cannot force a client to receive any treatment they do not want. In the end, it is the clients who get to decide what type of treatment they want.If a therapist believes that their client is in imminent danger of harm however, the therapist might have an obligation to take... 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.
Kristi King-Morgan, LMSW
Kristi King-Morgan, LMSW
Social Worker, Psychotherapist

I will admit I am confused about this question. Are you the other parent in question or a concerned coworker of this therapist? Therapists do not prescribe or have access to medication. Most therapists won't even get involved in a custody battle. They know there is a good chance of their records... more

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

This sounds like a potentially serious situation. The most important thing is to make sure the child is safe. If you suspect that a child is (or has been) harmed, I would strongly recommend that you report your concerns to your local law enforcement or to Child Protective Services. If you don't... 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 general rule against medical abandonment says thst whenever healthcare providers discontinue treatment with you when you still need it, they are legally required to make sure that you have access to another provider of equal or higher ability.In this case, if your treatment team decided 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

My recommendation would be to try to talk to your therapist about this from your description, it sounds like you have a legitimate explanation for missing your scheduled session. Maybe if you could explain that to her she would be willing to work with you. If she is not willing to consider your... 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.