On occasion counselors give advice or deal with life issues in informal settings, such as at a reception or party, or even community events such as a PTA meeting. As long as you hold a professional designation and/or license, you may be held responsible for direction you’ve given, even in such informal settings. Does your employer provided insurance cover such occasions?

Counselors are prone to be helpful in times of emergency, and in dialogue with neighbors. Any time someone wishes to describe a personal problem to a professional, there is the risk of liability, even in the event your response is taken the wrong way.

Volunteers like those who serve on ACA committees often travel far and wide. They are constantly asked to offer opinions on situations related to professional practice. Some give interviews to the media for articles or for television or radio. Oftentimes professional counselors do peer consultation, or supervise interns or other counselors. These are examples of the ways in which liability situations can arise outside of normal daily counseling practice.

Professional services as described in the CNA policy are “those services for which you are licensed, trained, and qualified to perform in your capacity as a mental healthcare provider.” Covered incidents are defined as “any act, error or omission in your providing or failure to provide services.” This includes your responsibility for anyone acting under your direction or control.

An important feature of the professional liability insurance program sponsored by the American Counseling Association and the ACA Insurance Trust is twenty-four hours a day, seven days a week coverage. Most employer-provided coverage protects you only when you are on the job. Your personal HPSO malpractice coverage protects you on and off the job and follows you even if you change jobs. The 24/7 feature means you are protected anywhere in the world for covered incidents, provided the claim is brought against you in the United States, its territories and possessions, or Canada.

The policy is underwritten by American Casualty Company of Reading, PA, a CNA company, and is offered through Healthcare Providers Service Organization. Details are available on line at www.hpso.com.

The staff at the ACA Insurance Trust is available to respond to questions or concerns you may have. They may be reached at 800-347-6647, extension 284.