Nosathro
Posts: 3319
Joined: 9/25/2005
From: Orange County, California
Status: offline
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Wrong again MistressNoName
There are legal case where members of the Clergy have been convicted of particing mental health counseling when they are not licensed to do so.
quote:
ORIGINAL: MistressNoName
Well, I'm not sure what part of my post you believe I'm wrong about, as I was not commenting on anything specific that Dr. Phil may of may not have done or may or may not be "in trouble" for, ie: HIPAA laws, etc. I do know however that plenty of people are out there practicing various forms of "counseling," "coaching," etc and are not licensed by any state. And many are not required by either their work places or their particular states to be licensed. And I do believe that I stated one cannot claim to hold a particular credential when one does not nor claim to be of a certain discipline without the education/training/license to back it up. So, again, not clear what you're disagreeing with.
MNN
quote:
ORIGINAL: Nosathro
Mistress NoName as a Mental Health Practioner I can tell you that at least in California you are wrong. You have to be licensed by the State. As to Dr. Phil my understanding is that he had a license from the State of Texas, however California does not reconize this license. Meaning Dr. Phil must take and past the exam. Further it appears Dr. Phil was under a probation in Texas that he did not complete and his license there was suspended.
Under California Patient Rights Law and Federal HIPP Laws unless Dr. Phil had a signed relase of information from Birtney..he is in a lot of trouble and could be charged with a Federal crime and do time. I work in this field and I know.
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ORIGINAL: MistressNoName
Actually, technically speaking...and I'm not sure whether this is truly good or bad, practicing in mental health field is different than practicing medicine in that you don't really have to have a license to practice. Now, let me clarify - in most mental health settings, ie: hospitals, out-patient clinics etc and most insurance companies DO require that a practitioner be licensed but really, licensing is just a way for individual states to try and monitor, regulate, define parameters of practice and yes, make a buck off of clinicians. But, any tom, dick or mary who has an inkling can hang a shingle and practice mental health in some shape or form. Now, what you can't do is claim to be a psychiatrist, psychologist, social worker whatever without the proper education, training, degree and/or license. But, you can certainly hang a shingle and call yourself some kind of counselor, or "lifestyle coach" and charge people money for whatever "treatment" or service you say you dole out. And general rules of thumb, like "caveat emptor (sp?)" come into play. Unless you're properly licensed you also usually cannot third-party bill, so your clients will have to pay out of pocket, which is a difficult way for most practitioners to make a living, unless they also write, make the lecture circuit, have other jobs or a popular tv talk show.
Now, whether or not you like or respect Dr. Phil, is a different matter, but technically, he's not doing anything legally wrong. And I'm quite sure he's got enough lawyers on the case to properly advise him.
MNN
_____________________________
"The love of a slave girl is the deepest and most profound love that any woman can give a man. Love makes a woman a man's slave, and the wholeness of that love requires that she be, in truth, his slave." Magicians of Gor, page 31
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RE: Dr Phil- no license to practice - 
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