HMN 2025: Naming mental health practices: Legal restrictions and freedom of speech.

When a mental health professional opens a practice or establishes a new organization, one of the most interesting decisions is choosing a name for the new organization. Ideally, your mental health agency’s title should be clear, concise, precise, memorable, and professional. It must also be legal. This means you must not violate any state or federal law.

Historically, there have not been many requests to change the names of mental health institutions. however Alleman et al. v. Harness et al. (2024), the Louisiana State Board of Psychologists notified the Psychological Wellness Institute that it violated state law by using the word “psychology” in its business name. The institute’s primary mental health providers were licensed professional counselors, licensed marriage and family therapists, and licensed addiction counselors. The committee suggested that using the name “psychology” in the business name was misleading because none of these service providers were licensed psychologists. The provider changed its name to P. Wellness Institute to avoid prosecution. They then filed a lawsuit seeking to have the name changed back to Psychological Wellness Institute, arguing that this title accurately described their services. This court case has not yet been decided. But this case raises important questions about what terms mental health providers can use to qualify or describe their care.

fundamental problem

The main issue in the dispute is Alleman et al. v. Harness et al. The question is whether using the term “psychological health” in a business name violates a Louisiana law that prohibits persons who are not licensed psychologists from representing themselves as psychologists or engaging in psychological activities. Many states have similar “proprietary rights laws” that restrict the use of certain terms associated with certain licensed mental health professionals, such as licensed psychologists, licensed clinical social workers, and licensed family and marriage therapists. Different states protect different proprietary rights, so a term that is prohibited in one state may not be prohibited in another.

The primary purpose of title protection laws is to protect the public, including people who are seeking services from a specific type of professional, and may be confused by similar titles or descriptions being used by people who do not have the specific training or certification they seek. service. Property protection laws are consistent with ethical values ??such as honesty and integrity (American Counseling Association2014; American Psychological Association2017; National Association of Social Workers2021). Mental health professionals must accurately represent their professional role, training, and services and avoid representations that may mislead the public or specific clients.

The manuscript is Aleman The case claims to be honest about the nature of the services they provide. Although they are not psychologists, they claim to have training in psychology and that their services are designed to promote psychological health. Don’t all mental health professionals help their clients with their psychological distress and conditions? The plaintiffs also assert their constitutional right to freedom of expression, including the name of their organization (Center for Individual Rights, 2024).

When the court takes up this case, it will focus on whether the name “Psychological Health Institute” actually violates state law, especially given that the provider does not specifically state that it is a psychologist or that it provides psychological services. You can. More broadly, is this language misleading to the public, and what harm could it do to specific clients or to the psychology profession if non-psychologists were allowed to use this term to describe their work? Courts may also consider whether state laws violate constitutionally protected free speech rights or reasonably limit free speech rights to protect the public.

Implications and suggestions

no matter what happens Aleman Once the case is decided, it serves as a reminder that mental health professionals must consider proprietary rights and licensing laws when deciding what name to use for their practice and how to describe their services to clients and the public. A risk-conscious approach recommends avoiding any representation that could be perceived as inaccurate, misleading, or potentially in violation of the proprietary rights and licensing laws of the states in which you provide services. Therefore, social workers may be wise not to call their services “psychological” services, and family and marriage therapists may be wise not to call their services “social work.”

Of course, there are many practice organizations that employ many different types of mental health professionals and unlicensed human service providers. Such organizations should be clear about what types of providers they employ, and perhaps provide guidance on how the services provided by different types of professionals within the organization may differ. Clarity and honesty in this regard not only promote trust and informed consent with clients, but also mitigate the risk of criminal charges and licensing board investigations.

When it comes to freedom of expression, yes. Everyone has the right to freedom of expression. Many people use terms such as psychology, counseling, and social work freely without necessarily thinking that they apply only to specifically licensed professionals (Center for Individual Rights, 2024). Nonetheless, mental health professionals have a special obligation to disclose honestly and clearly to their clients and the public about their professional qualifications and the services they provide.