TILT – Therapeutic Innovations in Light of Technology
Coaching and Liability I’m a licensed mental health professional , do I need malpractice coverage for coaching? Coaching, as distinguished from therapy, is meant to enhance normal functioning and not to treat symptoms of illness. Personal, life and executive coaches should have malpractice, or errors and omissions, insurance. Even coaches who are not licensed healthcare professionals- no license is needed in New York State to be a coach - should have insurance to cover any potential liability for coaching. The underlying question, then, is whether the malpractice coverage already in place for licensed professionals covers their coaching activities. There is a related broader issue, that of whether coaching conducted by licensed mental health professionals is necessarily within the scope of their professional practices. There is no legal answer to that question, or, more precisely, to the extent it’s a legal question, the answer is unclear. One California court decided that a professional serving as a life coach was subject to laws that mandate confidentiality for substance and alcohol treatment, and by implication was acting in a
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T I L T MAGAZ I N E J ULY 2 0 1 1
LEGAL BRIEFS
Bruce Hillowe
professional capacity (People v. Barrett, 109 Cal App 4, 437, 2003). But a federal court found that coaching, although offered by a counseling center, was not a "health care" or professional service (Wolf v. Fauquier County Board of Supervisors , 2007, ED Va). Whether coverage is in place therefore depends on the contract the professional has with his or her insurer. Some malpractice carriers for mental health professionals include coverage for coaching and some don’t. If your carrier doesn’t then you’ll need an additional policy to cover your coaching activities. Some malpractice carriers for mental health professionals condition coverage for coaching on it being part of the professional practice of the insured; in such instances, advertising should describe coaching as a professional, albeit not therapeutic, service.
Bruce Hillowe practices law in the state of New York, USA , Emphasizing Mental Healthcare Law, Healthcare Law and Mediation and has served his Community for 29 Years. This article is a reprint from his quarterly newsletter in which he offers a Health Law Supplement in each issue. Visit his website at: www.BruceHillowe.com