Counselor and the Law

Anne Marie “Nancy” Wheeler, JD, is an attorney licensed in Maryland and the District of Columbia who has extensive experience with counselors and the broader field of mental health. For more than 30 years, she managed the Risk Management Helpline sponsored by the American Counseling Association (ACA) and its sponsored professional liability insurance program. For more than 30 years, Nancy also worked with psychiatrists, facilities, and physician associations. This background provided her a unique window of understanding of the multifaceted issues that often confront practicing counselors. She has also served as an affiliate faculty member of the Graduate Pastoral Counseling Program of Loyola University Maryland and in the Department of Counselor Education at Stetson University in Florida.Burt Bertram, EdD, is a Florida-based Licensed Mental Health Counselor (LMHC) and Licensed Marriage and Family Therapist (LMFT). He has been in private practice in the Orlando area for more than 35 years. He practices from an interpersonal perspective: His professional counseling is primarily focused on the resolution of sensitive and complex relationship issues in every aspect of life—personal, workplace, and community. In addition to his private practice, Dr. Bertram provides personal development, coaching, and counseling to practicing physicians associated with the Florida Hospital System in Orlando. He is also an adjunct faculty member in the Graduate Studies in Counseling Program accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) at Rollins College in Winter Park, Florida, where he has taught ethics as well as practicum; internship; and family, couples, and group counseling.

• Preface About the Authors Chapter 1 Overview of Law, Ethics, and Professionalism Chapter 2 The Counseling Profession Chapter 3 The Counseling Relationship Chapter 4 Civil Malpractice Liability, Licensure Board Complaints, and Criminal Actions Chapter 5 Confidentiality, Privilege, and HIPAA PrivacyChapter 6 Duties to Report, Warn, and/or Protect Chapter 7 Records and Documentation Chapter 8 Digital Technology and Counseling Chapter 9 Suicide and Threats of Harm to Self Chapter 10 Professional Boundaries Chapter 11 Managing Your Counseling Practice Chapter 12 Counselor Educators and Clinical Supervisors ReferencesAppendix A  ACA Code of Ethics Appendix B  Case Study for Analysis With Legal/Ethical Decision-Making Model Appendix C  Top 10 Risk Management Strategies Appendix D  How to Access Laws and Find an Attorney Index