Protecting the Public
Dear Anthony,
I wanted to thank you for writing such an interesting article in the November issue of Counseling Today regarding Life Coaches. I am a recent graduate in Community Counseling and just passed the LPC exam.
Here in Dallas, a lot of so-called “hypnotist/hypnotherapists” pass themselves off as therapists and life coaches. It’s amazing because they have NO clinical training to practice mental health. I’m wondering if there are any laws out there to protect the public.
For example, there is a guy in Dallas who is top listed on Google for Hypnotherapy.
The guy claims to be a “board certified hypnotherapist”…but in reality it requires no formal education nor licensure. If you look at his site, he claims to treat all kinds of clinical issues … including addictions. There are an awful lot of people out there claiming to by hypnotherapists, but are not licensed by the state to perform therapy. I’m wondering what I can do as a counselor to change this situation?
Sincerely,
Jeremy Porter
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Dear Jeremy,
Thank you so much for reading, and for your comments about, my column!
The issue of licensure you describe is complicated, evolving all the time, and differs by state.
In Massachusetts, where my practice was founded, the term “Mental Health Counseling” is regulated. However, other terms, such as “psychotherapy” and “counseling” have not always been regulated. Note: they might be now, but in my discussions with the board of licensure in the mid 2000s there were not regulated.
Hence, at that time persons could hang a shingle and provide services called “psychotherapy” or “counseling” and –depending on what they were actually doing—they might be working within the law. Truly, every time a term is regulated it seems someone comes up with a new title that’s note regulated. Consider “life coaching”, “mentorship”, “listening services”, “life consulting” or who knows what else.
It seems, you are having a similar experience, with someone providing services under the term “Hypnotherapy.”
However, regardless of the title one is using, they might still be in violation of laws for practicing medicine, or psychology / mental health services, without a license. It seems the person you’re citing is claiming to treat additions, depression, etc…. I’m not sure about your local laws, but it seems such claims might very well might cross the line in your state.
If you’re trying to practice in the same marketplace, I think that a good approach for you and other licensed mental health professionals (counselors, social workers, psychologists) is to emphasize your strengths to potential clients. This might include:
1 – Showing the difference in caliber of education and licensure you possess
2 – Being eligible to accept clients’ insurance (which unlicensed providers can’t do)
3 – Patient/Client Privilege — The legal protection of client privacy licensed counselors have, but others don’t.
Jeremy, I hope this helps!!
Sincerely,
Anthony
Dr. Anthony Centore
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Anthony Centore
Licensing boards are unregulated, unaccountable tribunals that can and do impose unreasonable, illegal, self-serving and arbitrary “standards” on their peers under the guise of protecting the public – as if the board members actually know what harms and doesn’t harm the public. They are moving toward a form of control of the process of human beings helping other human beings – and ironically and insidiously are bringing to pass the control of the private lives of citizens by their governments – as depicted in Orwell’s 1984.
In Maggard vs. Kentucky Board of Examiners of Psychology, a Kentucky Supreme Court (2008) decisions granted a psychologist the right to go on a “fishing expedition” for fraud and misconduct on the part of his licensing board members. For the first time – possibly in any state – board members were made accountable for defending their actions while under oath before a court of law. In that particular case, the board reversed an action against Maggard in return for Maggard’s agreement not to sue them. However, other litigation established that board members have, in effect, “judicial immunity” and can’t be sued for damages. New law now needs to be passed so that license holders can sue board members to have their licenses disciplined or taken away for misconduct while serving on boards. Currently they are not considered to be practicing psychology while they are telling the public what it is, and is not.
The public can and must protect itself if it is going to retain the freedom to seek help from people who are most capable of offering it. If states declare any form of advice, support, understanding, teaching or training among people to be something to regulate, any human interaction that involves the exchange of money for help of almost any kind will come under the control of autocrats who have no limits to their power, and who more often than not are deranged and dysfunctional themselves.
Consumer protection should be limited to laws which require helping professionals, whether degreed or self-declared, to provide their customers with informed consent. Licensing boards should have no power to discipline anyone who doesn’t use the official title controlled by that board. All they should be allowed to do would be to define what is, and what is not the practice of that profession, and to offer consumers information about publications that propose to explain the risks of seeking help from both licensed and unlicensed “helpers.” Otherwise the turf wars – for control of the market of potential customers – are going to escalate and the public is going to be prohibited from using its own judgment about who is and is not helpful. Just as the FDA is killing thousands of Americans by denying them the option of using potentially therapeutic drugs for various types of cancer and autoimmune diseases, licensing boards, if not controlled, can place licenses and academic training above talent, insight, life-experience and wisdom as criteria for the helping professions. No one, and I mean no one, gains those qualities and abilities – which are the necessary and sufficient characteristics of truly helpful people – in graduate programs.
WOW, You Are Amazingly speaking my thoughts and very experiences. Unreal, I wish I had seen this long ago. I am blown away. We have the same initials as well.
I had been very ill a few years ago, the medication was making me sicker, cancer did not end me and luckily to a medicine woman and my grandmothers’ own teachings, I got the help I needed, I do not have cancer. I also do not have my license. I was a whistle blower on licensed people and my fight sifted to my life and healing, now I am ready for my next chapter. The old board has been reformed, dismantled and I am trying again. Despite over 10,000 clinical hours, 3,000 supervised hours and working at one of the top places in the country, I was told I didn’t meet minimum qualifications… Yeah. I pissed of some folks when reporting client rights violations and fraudulent billing practices…
Donna,
Wow, what an amazing story. I admire your toughness. Keep moving forward.
Hi Kelly, I am not sure why my reply to you was placed above. Anyway, good luck with everything.
Thank you Barb. I actually looked into reporting the unethical supervisors to the licensing board only to find that I open myself up to liability should I do so. If licensing boards are to have teeth, there needs to be some kind of immunity for those who have been wronged, should they decide to file a report. I don’t want to be sued should these people decide to get vindictive, so I decided not to bother. But any time I see the words “licensed” before a profession, I physically cringe inside because I know how meaningless it is.
I have been there and walked through the fire, yes there needs to be protection for us!!!
I am so sorry you had to go through all of this. I have bad internship experience myself. Luckily, my school supervisors recognized my talents and qualities and supported me 100%. I am not sure in what state you are, but we can talk in more details if you want. Take care and I wish you all the best. I hope you’ll be able to resolve your issues and move forward.
I also had a bad internship experience. And my very reputable school tried to push me into staying with a verbally abusive supervisor, just so they didnt have to find me another position. Ugh. And, of course, there was no way of reporting her without repercussions.