Liability issues to consider when hiring mental health practitioners

In many ways, it’s a different world for camps and other organizations that focus on youth than it was 10 years ago. While ropes courses and swimming safety were the primary liability concerns a decade ago, organizations are now facing more behavioral issues — bullying between young people and youth displaying a lack of respect for their counselors.

According to the American Psychological Association (APA), growing concerns about social media, mass violence, natural disasters, climate change and political polarization — combined with the pandemic — have exacerbated youth mental health and behavioral concerns.

To counteract increased behavioral problems, some organizations are bringing on mental health practitioners such as social workers or licensed therapists, either as volunteers or paid staff members. These individuals can be very useful for diffusing charged situations, but they also carry their own liability.

Why purchase extra liability for mental health practitioners?

Social workers and therapists often interact with people — both youth and adults — who are at their most vulnerable. If someone feels the mental health professional gave inappropriate advice, that may invite a lawsuit from an upset parent or embarrassed adult.

In some cases, the lawsuit may not have merit. However, it still costs money to defend an organization, and even if a case is dismissed, the organization will have to pay some legal fees. Additionally, there’s the reputational cost, since any potential lawsuit will become part of the public record.

General vs. professional liability

There are two ways an organization can properly insure itself when bringing a mental health practitioner on board: general liability and professional liability.

General liability covers physical risks like bodily injury and property damage that could happen when a youth or adult is visiting with the practitioner. This could include a fall that results in injury or property that becomes damaged during a counseling session (such as a cellphone on which you accidentally spill coffee).

Professional liability, on the other hand, protects from non-physical risks such as actual or alleged negligent acts or issues related to employees such as camp directors, counselors or social workers during their interactions with campers and other staff.

Depending on the situation, a claim may draw upon both general liability and professional liability. It doesn’t take long for the numbers to add up — particularly if a case goes to trial, and a judge or jury finds the organization liable on multiple counts.

Steps for protection

Organizations that are considering using mental health professionals will want to take several steps to protect themselves:

1. Proper background checks and screening should be in place to ensure the most qualified individuals are hired.
2. Ensure appropriate coverage for any type of incidental counseling. Typically, professionals carry their own professional liability insurance. Request a copy of their proof of insurance. If, for some reason, they do not have insurance, the organization using them will need to add professional liability to its policy.
3. Provide training for staff members (both volunteer and paid), participants and parents. The first step to preventing behavioral situations is to make sure that others — both youth and adults — know what signs to look for. Everyone involved should be aware of the organization’s behavioral expectations. Those expectations should be in writing, and each individual (or parent of an individual) should sign a form stating they are aware of what is expected of them.
4. Use waivers. Any organization that is using the services of a mental health professional should include language in its waivers that protects the organization. Participants or their parents should understand from the beginning that they may require the services of such a person.

The best way for an organization to protect itself is to make sure it hires and trains qualified individuals committed to providing a safe environment for kids. Anything less could leave the organization open to major risk.

Tracy Schmeltzer is assistant vice president of Camps, Agency and Groups at Church Mutual Insurance Company, S.I.

See also:

• Insurance pros can help keep children safe in a virtual world
• Mental health recognized as ‘significant’ issue by employers
• American workers are stressed out: What can employers do?