The past few years have been rough ones for many people, between dealing with the COVID-19 pandemic and everyday issues like work and family stress. In part because of the pandemic, it has been harder than ever to find, and get connected with, a mental health professional for counseling. When counseling is available, it may be virtual, through a screen. That’s great for some people, but less than ideal for others.
The general shortage of mental health professionals has made it more difficult to find a qualified therapist. More and more people are turning to both in-person and online therapists, to help them through difficult times. It can be increasingly challenging to determine if a counselor is licensed by any governing body. Does it matter? And what are the risks of working with an unlicensed therapist?
In certain professions, there is a single licensing body that oversees a group of professionals. For instance, attorneys must be licensed by their state bar in order to practice. A person operating without a law license from their state is not authorized to practice law and can be sanctioned for doing so.
With mental health professionals, the waters are a little more murky. There are many types of professionals offering counseling services. They may call themselves therapists, counselors, psychologists, social workers, psychiatrists, hypnotherapists, even life coaches. Some professionals are required to have specific training; for instance, a psychiatrist is a licensed physician who diagnoses and treats mental health conditions. There are many types of licensure available for other mental health professionals.
The best way to tell if a counselor with whom you are thinking of working is licensed is to ask—and then to verify. Ask your counselor if they have a license, what that licensing is, and what governing body granted the license. Then follow up with that governing body to make sure that the counselor is still licensed and to see if there are any complaints against the counselor.
Having a license is not a guarantee that a therapist or counselor is a good one, and lacking a license doesn’t necessarily mean that a therapist is unskilled or that they will cause harm. However, there are a number of reasons you may prefer to work with a therapist who is licensed.
If you are hoping for your health insurance to cover any of your therapy costs, you are best off working with a counselor who is licensed. Most insurance companies are unwilling to cover expenses for treatment by someone who is unlicensed, meaning that you may pay more out of pocket for potentially substandard care.
Licensing boards generally require licensees to undergo rigorous professional training, often under the supervision of a much more experienced professional. That level of training increases the likelihood that unsuitable candidates for licensure will be weeded out, and that those who are granted licenses are equipped to offer the help their clients are seeking.
Professions like medicine, clinical psychology, and social work have codes of ethics that their licensees are sworn to uphold. Unlicensed counselors may not adhere to any particular code of professional ethics, and that increases the risk that they will commit what would be considered ethical violations by licensing boards for other mental health professions.
If an unlicensed therapist does engage in misconduct or abuse, it is often harder to hold them accountable within their profession.
Therapists, like doctors, can be sued for malpractice; therapy malpractice is often considered a type of medical malpractice. It can be more difficult, though not impossible, to hold a therapist who is not licensed accountable for misconduct in a court of law.
In short, while a therapist’s license does not provide clients with absolute guarantees, it does offer assurance that the counselor has received a certain amount and type of training, that they are tethered to professional standards, and that there is a path to accountability if they harm a client or patient.
Whether or not your therapist is licensed, you have the right to take action if they have harmed you. Sexual abuse is an unfortunately common and serious type of abuse, but there are other forms of misconduct, such as breach of confidentiality, that deserve to be addressed.
The first step is to talk to an experienced medical malpractice attorney who has experience in therapist abuse cases. A knowledgeable attorney will know the right questions to ask to determine if you have a valid claim, and will handle your needs with sensitivity and compassion. Therapist misconduct cases can be challenging to prove, so if you have a potential claim, a good attorney will advise you candidly about the potential risks and benefits of moving forward. Many victims of therapist misconduct get a sense of closure and empowerment from holding abusive therapists accountable for their actions.
To learn more about therapist abuse and misconduct, or to get help if you have been injured by someone who was supposed to be helping you, contact The Fraser Law Firm P.C. to schedule a consultation.
© 2024 The Fraser Law Firm P.C.
| View Our Disclaimer | Privacy Policy
