Legal & Regulatory

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

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Questions and Answers

Can I sign my brother into a mental health facility?

Lauren Ostrowski, MA, LPC, NCC, BC-TMH, CCTP, CCH

I tailor my therapeutic approach to each client's strengths and goals

I'm sorry to hear that your brother has been having such a rough time. He's lucky to have you on his side (although he may not always see it that way).As far as whether you can sign him in, that depends on a lot of different things.I would suggest that you Google the state and county that you live... 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, as if you want to hurt or kill yourself or someone else, or are in crisis, call 800-273-8255 (24 hours a day, 7 days a week), call 911, or proceed to your local emergency room.

My apartment manager won't let me keep an emotional support dog

Eric Ström, JD, MA, LMHC

Attorney & Licensed Mental Health Counselor

This can be a difficult situation. Typically, only animals that are specifically trains to accomplish a specific task are legally protected as Service Animsls. Even though that can be very helpful, emotional support animals are not generally protected in the same way.You might not be able to make... 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.

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.

Can a past therapist disclose information to a current therapist that you are seeing?

Erin Pritchard, MA, LPCC-S | EMDR Intensives

Sea Glass Counseling and Consultation

No, not without a signed release of information (ROI) from you (the client).

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.

Is it ethical for a social worker to ignore a client’s phone calls?

Eric Ström, JD, MA, LMHC

Attorney & Licensed Mental Health Counselor

Mental health providers should promptly return calls from current clients as well as from potential clients. This is even true if the social worker (or counselor) is unable to make an appointment with the caller. In that case the social worker should call you back to let you know that he is unable... 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

Couples and Family Therapist, LCSW

Yes, your former social worker should return your phone call.It is the professional ethic to do so and plain human decency to do so.If he doesn't, there is nothing you can directly do about the fact of his ignoring you.There are formal complaints you can make, which you can consider doing.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.

Is screaming and cussing at your child considered emotional abuse?

Gayle Weill

Specializing in relationships and parenting - additional certifications in Child-parent psychotherapy, Circle of Security-Parenting program, adoption competency, hypnosis, and EMDR

It sounds like your dad makes you feel badly about yourself when he screams, cusses at you, and compares you to your siblings. I am so, so sorry you are going through that. That would be considered emotional abuse because it sounds like he is greatly hurting your feelings when he is behaving in 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 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.

My boyfriend is in the hospital. They won’t tell me what’s wrong and if or when he’s coming back

Eric Ström, JD, MA, LMHC

Attorney & Licensed Mental Health Counselor

I know it can be really tough when a loved one is in the hospital and you aren't being told what is going on.In general, both Federal and State confidentiality laws prohibit health care providers from giving out private information about patients to non-family members.Unfortunately, you will... 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.

If parents are divorced, is it acceptable for a counselor to allow an ex-spouse to be present during a child’s session?

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.

Can a therapist have a client admitted to an eating disorder treatment center if the client does not want to go?

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.

Legal & Regulatory

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