Laws and rules form the foundation of ethical, competent, and legally sound practice for mental health professionals. While clinical skill is essential, it must be surrounded by other skills and understandings as well. Licensed professionals must understand the legal and regulatory standards that guide their work, protect the people they serve, and define professional responsibility.
In the professional environment we work in today, those regulatory standards are continuously evolving. Knowledge in local laws are more important than ever. Such laws include general legal knowledge as well as changes to laws regarding telehealth, electronic records, documentation, supervision, mandated reporting, and professional accountability. Staying current in laws and legal responsibility is part of practicing responsibly and protecting the license mental health professionals have worked hard to earn.
A Real-World Example: Telehealth Across State Lines
Consider the following situation, which has become commonplace in modern mental health practice:
A therapist licensed in Florida begins seeing a client over teletherapy. The client is a Florida resident and currently lives in Florida, then gets a new job that requires them to spend part of their week traveling to other states. The therapist and client have a standing weekly appointment that works well with both of their schedules, even as the client begins traveling. Since the client never changes their residency status and is only outside of Florida a few days each week, the therapist continues their teletherapy sessions. The therapist is aware that their license only covers them to practice with clients physically located within Florida state lines, but due to difficulties with finding another time to meet when the client is in the state, agrees to continue seeing the client even when the client is not in Florida.
At first glance, this may seem harmless. The therapist and client have gotten to know each other well and the therapist doesn’t believe the client would be at risk of anything that would require an intervention based on state laws applicable to where the client is located for work. The therapist and client both agree that these kinds of situations are what makes teletherapy so great.
However, this situation raises important legal and regulatory questions:
- Is the therapist permitted to provide services to a client physically located in another state?
- Is there authorization or temporary permission the therapist can secure that would grant them the ability to practice in the state?
- What kinds of things might come up that laws of the state where the client is working would address?
- What emergency resources should be identified for the client’s current location?
These questions are exactly why having strong knowledge in laws and rules matters. A well-intentioned therapist can unintentionally create legal or ethical risk by failing to understand and abide by jurisdiction, scope of practice, documentation requirements, and board expectations.
This type of scenario has become increasingly common across the United States as telehealth has expanded. People have tended to spend more time going back and forth between states for travel, college, work, and “snow birding”. Teletherapy makes it possible to see one therapist regardless of where the location is, but the therapist must know and follow the laws.
The Importance of Knowing Laws and Rules
The issue is not about whether the therapist cares for the client, as the therapist likely genuinely believes their care for the client warrants bending rules in ways that they believe is best for the client. However, we can never anticipate what might happen, and we must remember that the laws and rules are in place for a reason (even though sometimes it genuinely feels like some of them are there just to make things harder for us). Those laws and rules help us hold ourselves accountable, even when we think they’re extreme.
It should be noted that this isn’t directed only towards inexperienced mental health professionals. While it’s true that inexperienced professionals might be less likely to know the laws and rules they’re responsible for, and may not yet be aware of all the things they don’t know, I’ve found that the newer professionals tend to be more careful in ensuring they’re following the rules and being diligent in learning everything they can. It’s the more experienced professionals who feel more comfortable in getting away from some of the rules, expecting no adverse consequences to occur.
Where Law and Ethics Meet
Legal responsibilities and ethical responsibilities often overlap. Confidentiality, informed consent, record keeping, supervision, professional boundaries, and mandated reporting are areas where laws and rules both directly apply.
For example, a clinician may know that confidentiality is important from an ethical perspective, but they also need to understand the legal exceptions to confidentiality. A clinician may understand the importance of informed consent, but they also need to know what information should be documented and when consent should be updated. A supervisor may want to support a registered intern or other supervisee, but they must also understand the rules that define appropriate supervision.
Teletherapy, Documentation, and Risk Management
Teletherapy is a clear example of why continuing education is essential. With remote services being a regular part of mental health care for so many people, it’s essential to consider the legal and practical aspects.
The earlier example of a client being temporarily located in a different state from their state of residency and state of therapist’s license shows how easily teletherapy can become complicated. A clinician who understands the laws and rules and keeps them front of mind is more likely and better prepared to pause, verify requirements, make appropriate informed decisions, and document in a way that protects both the client and provider.
Risk management and professional responsibility are important factors because many complaints against clinicians are because of the outcome, not because of bad intentions. They often involve poor documentation, unclear boundaries, or practicing outside of legal limits. Understanding common areas of risk help professionals strengthen their own policies and procedures before problems occur.
Ross Counseling’s Laws and Rules Courses
We offer the 8-hour Laws and Rules Course required for initial licensing in Florida as well as the 3-hour Laws and Rules Course required for Florida licensees every 3rd renewal. These courses were developed to help mental health professionals understand the legal and regulatory standards that govern professional practice. They are written in a way that includes the laws we’re required to know and follow, puts them in everyday language, and uses examples from professional experience.
A main goal of the courses is to help professionals understand the laws and rules that apply to their license and scope of practice. This includes reviewing state statutes, administrative rules, regulatory expectations, and professional responsibilities. When clinicians understand those requirements, they are better prepared to avoid unintentional violations that lead to complaints, investigations, and disciplinary actions.
In today’s professional environment, legal knowledge is a core part of ethics, competent, and sustainable practice rather than something that is optional or only applies sometimes.
Mental health professionals are expected to understand the rules that govern their work, apply them thoughtfully, and maintain standards that protect clients and the profession.
Continuing education in laws and rules, such as what’s offered in Ross Counseling’s courses, help clinicians stay informed, reduce risk, and practice with greater confidence. The better professionals understand their legal responsibilities, the better prepared they are to serve clients responsibility while protecting their license and professional future.