Mental Health Professions

NEWSLETTER

State of Colorado: June/July 2001

Professional Counselor Board ? Psychologist Board ? Social Work Board

? Marriage and Family Therapist Board

? Grievance Board ? Addiction Counselor Program

COACHING: IS THIS PSYCHOTHERAPY?

By Amos D. Martinez, Ph.D., Program Administrator

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Historically, the Mental Health Regulatory Boards have relied on what a professional does, not what they advertise or call their practice, to determine if a professional is practicing psycho-therapy. Several new approaches to working with people and organizations often make this determination difficult. The public’s expectation is also an important factor. For example, persons who see a touch therapist to alleviate anxiety about a physical illness are not expecting psythotherapy. On the other hand, a couple with marital problems who see the same therapist to change old thought patterns and behaviors may be expecting help to resolve conflicts in their relationship. This article will deal with the concept of "coaching" as it is practiced by mental health professionals.

Psychotherapy is defined under the Mental Health Practice Act as "the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate mental disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors which interfere with effective emotional, social, or intellectual functioning."

While this definition is broad and may be applied to a variety of situations, the General Assembly set limits to its applicability-it was their intent that the definition of psychotherapy be interpreted in "its narrowest sense" to regulate those persons who clearly practice psychotherapy.

Palm readers, bartenders, herbalists, and massage therapists, are clearly not engaged in the practice of psychotherapy. Neurophysical reprogrammers, vibrational therapists, touch therapists, and various other non-traditional healing and bodywork approaches are not as clear. For example, in an advertisement for Neurophysical reprogramming, the ad states "how long will you continue to work on the same issues and traumas? Neurophysical reprogramming quickly empowers you to identify and transform emotional energy on a cellular level." Would the public reasonably expect a Neuro-Physical Re-programmer to help them alleviate anxiety, understand their unconscious or conscious motivations, or modify behaviors that interfere with effective emotional, social, or intellectual functioning? In some cases this is clearly their expectation, in others it is not. In addition to the client's expectations, the unique circumstances and representations made by the Neuro- Physical Re-programmer are considered by the Boards to determine if such an approach falls within the meaning of psychotherapy.

Coaching is an approach that may or may not fall within the legal meaning of psychotherapy or licensed activity. It generally is divided into two broad categories-business and personal coaching. Business coaching performed for the purpose of improving the work environment, resolving issues between employees and employers, or generating increased revenues is not considered psychotherapy by the

Regulatory Boards. Although business coaching practiced by an organizational psychologist is considered the practice of psychology, it is not considered psychotherapy by the Board of Psychologist Examiners. For the other regulated mental health, professions, it does not fall within their definition of scopes of practice. Personal coaching practiced for the purpose of promoting self-discovery, understanding and coping with various life issues, and setting personal goals or engaging in any self-improvement counseling is most likely considered the practice of psychotherapy by the Boards.

There are four determining factors the Boards use in assessing whether personal coaching is psychotherapy. First, does a professional relationship exist between the personal coach and client? Is there an expectation by the client for the coach to provide any assessment or counseling to assist the client in understanding conscious or unconscious motivations; to resolve emotional, relationship, or attitudinal conflicts; or to modify behaviors that interfere with effective emotional, social, or intellectual functioning? If the coach is not a licensed psychotherapist, is the client compensating the coach for his/her services? And last, under what circumstances or for what purpose did the client employ a personal coach? If the coach was employed to attain a promotion or for career enhancement purposes, this practice is generally considered exempt under the "employment or rehabilitation counseling" provisions of the Mental Health Practice Act.

The Regulatory Boards currently do not have the resources to inspect the practices of personal coaches. They learn of such practices when a client complains or is otherwise not satisfied with the services of the coach. Personal coaches, even those using disclaimers stating they are not providing psychotherapy, may be subject to the jurisdiction of the Regulatory Boards. It is incumbent upon a personal coach to know and understand the regulations that govern psycho- therapy practice. The Boards, when reviewing a grievance, oftentimes find the coach did not provide a mandatory disclosure statement to clients; may have used a protected title, or practiced outside his/her area of training, experience, or competence. Under the Mental

Health Practice Act, these findings may subject the coach to criminal prosecution by the local District Attorney’s Offices. This is in addition to any regulatory sanctions that may be imposed by the Boards. Under the law, the client or the client's personal representative is also entitled to recover the amount of any fee paid for the service and damages for injury or death occurring as a result of the service without any showing of negligence on the part of the coach.

These are rather severe consequences for coaches who are offering to provide clients with "the opportunity to create the most wonderful life possible." (The statement in quotes was taken from an advertisement offering "life coaching" services to the public.)

Persons who are considering personal coaching as a career, or an addition to an already established career, are advised to seek counsel from an attorney with experience in mental health practice issues or consultation from a trained mental health professional.