A Look at Liability in Clinical Supervision
This post is for educational purposes only and is not intended to replace formal consultation with your malpractice insurance entity or a legal representative. Please explore your options with a trained professional.
Clinical supervision is complicated. You adopt multiple roles including teacher, researcher, consultant, and colleague. With this leadership responsibility comes enthusiasm to help others and eagerness to support the next generation of trained professionals. We too embrace the excitement of making a difference, the positives of putting yourself out there as a trained professional, and your ability to help clinicians meet their full potential. It’s an amazing opportunity and is fulfilling for so many!
With responsibility comes risk. Understanding the liability to your license as the identified supervisor is critical. Recognizing the implications if the clinician in your care makes a career-changing error. Bracing for the ripple effect on your credibility and licensure. These are some of the reasons professionals take pause before embracing the role of clinical supervisor. Although we aren’t attorneys and can’t speak to the full list of risks, we do want to share insight with some helpful hints for covering yourself as a professional should a critical incident arise.
1. Malpractice Insurance Modifications
Liability or malpractice insurance is traditionally purchased by mental health professionals to cover your clinical work with clients. Are you confident that it covers clinical supervision as well? Below are some things to explore with your current coverage carrier in order to prepare yourself for a supervisory role.
A. Confirm your current coverage allows for the role of clinical supervision
B. Explore having supervisees listed on coverage in addition to requiring their own coverage or malpractice policy
C. Confirm your coverage includes your business name/entity, not just you as a single professional. This can be framed as supporting the business entity as a whole rather than just you as an individual which could be important when working with interns, supervisees, or administrative professionals representing your business.
2. An Attorney as an Ally
Do you have a legal professional on retainer or speed dial should you need support? Having an attorney who specializes in mental health law in your state could be a valuable connection for staying on top of supervision changes enforced at the state level. They could support you with:
A. Legal paperwork that is compliant for both client work and supervision needs
B. Contractual agreements for clinical supervision between you and your supervisees
C. Action steps in the face of grievances or other critical incidents that could result in legal action
D. Legal advice related to your role(s) as a mental health professional
3. Leads in Leadership
Lastly, remaining aware of changes in state legislature can support you in making informed decisions in how you conduct yourself as a professional offering supervision as a service in your city and state. Cultivating connections with leaders or entities who are passionate about mental health services and staying apprised of their efforts can help you identify new ways to get involved.
A. Legislative Leaders
Identify leadership focused on mental health laws in your state. Consider attending public meetings and/or testifying to the importance of certain considerations in mental health law. Schedule a meeting with legislators to start a conversation or add your insight as a practicing professional.
B. Professional Organizations
Connecting with the state and national-levels of your professional organization (i.e. ACA, CCA, NASW) can assist you in determining which priorities are being addressed and how you can get more involved. Can you participate in organized events through your professional entity? Can they keep you updated on the next public meeting or invite you to attend in having laid the groundwork already?
This is an at-a-glance view to get the wheels turning and is by no means a complete list of ideas to navigating liability. By offering responsibility with reassurance, we hope you find these insights helpful to your leadership role as a clinical supervisor and mental health professional. Please seek out professional consultation with your legal representative or malpractice insurance provider for more information.
Written by Khara Croswaite Brindle, MA, LPC, ACS