In the background of church development in this country, counseling by members of the clergy as an outreach to the congregation has always been present in some form. However, in the foreground of legal development, we have seen the adoption, on a state-by-state basis, of various statutes and causes of action that appear to be directed toward limiting the public's access to providers of counseling services and providing avenues of relief for those harmed by the fault of their counselors.
As time passes, it appears that the traditional deference that our states have afforded to counseling efforts by members of the clergy will be further eroded. Specifically, states have taken three steps in the area of regulating counseling activities that clergy members must be aware of if their communications with individuals of their congregations reach any depth beyond casual conversation.
1. States have defined by statute what they consider to be the provision of mental-health services and, similarly, who is to be considered a mental-health-services provider.
2. States have implemented strict regulations for the provision of mental-health services.
3. States have recognized and fostered numerous remedies, through statute or common law, addressing malpractice issues arising in the context of the counseling services. [read more]