ERIC Number: ED403531
Record Type: Non-Journal
Publication Date: 1994
Reference Count: N/A
Legal Issues in Clinical Supervision. ACA Legal Series, Volume 10.
Disney, M. Janelle; Stephens, Anthony M.
In recent decades, mental health professionals have expanded their role in the legal process. This monograph tries to help clinical supervisors avoid legal pitfalls by explaining some of the legal principles involved in their work. Although familiarity with relevant ethical standards is important, a discussion of these standards is presented only to the extent to which they may influence relevant legal standards. The text focuses on the doctrine of vicarious liability, in which supervisors are legally responsible for the actions of their supervisees. Also covered are such issues as competence, due process, dual relationships, and informed consent. Although few mental health care providers have been sued as they carry out their duties as clinical supervisors, anyone may be sued at any time regardless of whether the litigant has a strong case. Many suggestions are made here to aid clinical supervisors in avoiding civil or criminal suits made against them. However, this book is a general summary and it stipulates that the best course of action when legal questions arise is to seek advice from a qualified attorney. Frequently asked questions and a list of suggested readings appear at the end. Two appendices provide ethical guidelines and standards for counseling supervisors. Contains 71 references. (RJM)
Descriptors: Civil Law, Clinical Psychology, Compliance (Legal), Counseling, Counselor Client Relationship, Counselor Educators, Counselor Training, Court Litigation, Ethics, Federal Regulation, Laws, Legal Problems, Legal Responsibility, Malpractice
American Counseling Association, 5999 Stevenson Avenue, Alexandria, VA 22304-3300 ($12.95, order no. 72310).
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: Counselors; Practitioners
Authoring Institution: American Counseling Association, Alexandria, VA.