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
This was a great article. But I’m a bit confused. I am a LMSW in NY. I’m working towards my LCSW, but not close yet. I have had people ask me to provide “life coaching” since I can’t be a private practice therapist yet. How can I provide this service without provoking the licensing board? If I call myself a “life coach” or “life counselor”, and limit my scope to that (ie, not provide real therapy), would I be ok? If I have the clients sign a disclaimer that they know that I am not providing therapy, would that be enough? I am still going to be working towards my LCSW hours, I just don’t want to turn down a job if I don’t have to. Of course, if it would threaten my license then I certainly won’t do it.
I couldn’t agree more. My fields licensing board is trying to suspend my license because of a misunderstanding through text messages. I would like to warn everyone to not use text messages for professional reasons. In court the texts can be used against you even if it’s a mis text. I’ve heard horror stories about licensing boards in regards to lack of human compassion. One of the cases involved a woman terminally I’ll with cancer. All she wanted is to have her name in good standing before she died. Even in her hospital bed she fought to the end. During the final court hearing that determined the outcome, she was found guilty in the boards eyes. This woman’s lawyer went to the lady knowing that her license was revoked and told her that the lady won and still has her license. Shortly afterward the lady died. It is my belief that this was pretty evil. This was not a criminal case by any means. More later…
How terrible. Boards are not always ethical, members and committee members have their own histories. Investigations can be very one sided, especially if the person cannot hire counsel to fight for them, hearing often get postponed and being ill Bless her soul to have had to deal with that., it resinates as I have seen this. We enter this work to be helpers and instill hope, walk with ur people through adversity and provide so much. Some states have had to fight through legislature to get boards to behave. How sad to hear of this.
DL,
thank you. I am very concerned with a very foundation of these boards. There should be some body that oversees their work too, and I believe that their non profit company status should not protect them from taking responsibility for their actions. DL, please feel free to contact me at my e mail. I would be more than happy to share in more deatails with you.
I totally agree with the problems with licensing boards having had that experience myself. In my case a severely mentally ill woman who was a former client who was also psychotic at the time made very strange claims about me and made my life hell. The board was highly reactive and believed everything she said without even being willing to listen to my lawyer or I. I was totally shocked by the way things were handled. In the process of much research though I found that administrative law boards are in some ways considered unconstitutional due to issues of absolute power. I have articles from the Administrative Law Review expressing that. I learned that although in theory the high courts are meant to be a system of checks and balances to the boards, that in reality they are just told to defer to the decisions of the board. I have extensive papers by a local judge about the complete travesty of justice and a violation of my civil rights. What I have learned though is that no one cares. The system is the system. There are also issues that licensing board’s seem to be totally unaware of, except on the west coast where a psychologist who is an expert in the area of psychotic transference had been able to help people. I’m not saying all states are the same, or that all boards are the same, but do to these issues of absolute power, lack of oversight, and legal immunity there is no recourse. The system should be re-evaluated and changed, but I sure don’t know how. I’ve tried everything that I know. A person is left with no recourse.
Barb how do I get your email, I am very interesting in talking with you about this. I have been part of senate hearings around this and ways to really look at positive change and reform,as well as transparency. There are too those with disabilities who struggle to get help with boards and licensing applications and how to, there are as many accommodations for folks with certain types of disabilities.