Is Your Mental Health Provider Properly Licensed and Insured?
Dr. Lindsey is a respected and well-liked mental health professional who has been with the county jail for eight years. Recently, Dr. Lindsey evaluated a patient who went on to commit suicide. An attorney looking into a potential lawsuit has discovered that Dr. Lindsey does not meet state licensing board requirements to practice mental health. While Dr. Lindsey is a licensed doctor, she is licensed in a different state than where she was practicing and does not have the appropriate insurance coverage. Dr. Lindsey and the county have now been named in a lawsuit.
It can be scary to find out that trusted partners do not have the correct qualifications. It is important to know the credentials of the people providing care in your jail and whether they meet state requirements. It is against the law for doctors to practice without a license, and this includes mental health professionals.
Master’s degree + active state license = QMHP
Detainees have a constitutional right to qualified and competent care.¹ It is the role of the jail to uphold this right. Suicide is the leading cause of death in jails.² Therefore, jails should be vigilant about the credentials of those tasked to support detainee mental health. If it is found that a jail is using unqualified providers, ignorance is not a defense.
Qualified mental health professionals (QMHPs) have the education, licensure, and insurance required by the state to provide appropriate care. Medical providers may also be QMHPs, depending on their credentials. Each state has its own licensing bodies that set these requirements, but – generally – they include:
Education – Master’s degree or above.
Licensure – Licensed in the state of practice and in that specialty (counseling, social work, etc.).
Do not use unqualified mental health providers. Masters degree + active state license = QMHP.
Civil rights endorsement
Medical malpractice insurance coverage is not enough. Check for:
Civil rights endorsement – Since detainee health care is a civil right, federal lawsuits alleging civil rights violations are often filed, not just state malpractice allegations.
Correctional health care exclusions – Some insurance policies specifically exclude coverage in correctional facilities.
Ask your mental health provider for a copy of their Certificate of Insurance. Mental health provider’s insurance coverage should include a civil rights endorsement.
Free consultation
It can be difficult to determine which board to contact to check on the credentials of a mental health provider. If it feels like trying to decipher alphabet soup, reach out to Freedom Behavioral Health, Inc. for a free consultation.
For more information, please contact training@sparktraining.us.
1. Hoptowit v. Ray, 682 F.2d 1237 (9th Cir. 1982).
2. Sawyer, W. & Wagner, P. (2024). Mass Incarceration: The Whole Pie 2024. Prison Policy Initiative, https://www.prisonpolicy.org/reports/pie2024.html#:~:text=The%20result:%20suicide%20is%20the%20leading%20cause,disinvestment%20in%20community%2Dbased%20services%20is%20particularly%20alarming.
Disclaimer
All materials have been prepared for general information purposes only. The information presented should be treated as guidelines, not rules. The information presented is not intended to establish a standard of medical care and is not a substitute for common sense. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. Each situation should be addressed on a case-by-case basis. When in doubt, send them out!®