Question Can a Provider supervise another Provider that is treating his family member?

angelarleta

Contributor
Local Chapter Officer
Messages
15
Location
Victoria, TX
Best answers
0
I have a Psychologist who supervises a Licensed Clinical Therapist that treats the children of the Psychologist. The Psychologist does not treat his children, but he signs off on the LCT's notes. Is it legal for the Psychologist to supervise the LCT?
 

thomas7331

True Blue
Messages
4,298
Best answers
13
I, like most people who post on this forum, am not an attorney and not qualified to answer this question as asked. Whether or not it is legal is a question you'd need to put to an attorney who practices law in the state where your providers are working.

But I suspect this is more likely an ethical question than a legal one. Though I'm not aware of any laws specifically making it illegal for providers to treat family members (and actually in an emergency situation, I believe the provider could be expected or even required to treat them), it is addressed in the AMA's and other professional societies' codes of ethics because doing so has the potential to compromise objectivity, among other things. (And also, Medicare and other payers do not pay for services that fall into this category for this same reason.) Of course, supervising the provider rendering the services is a different task than directly providing care, but it could still be considered unethical if it creates a potential conflict of interest, for example, in the event the supervising provider intervenes in the treatment plan or otherwise influences that provider's decisions. Also, due to the personal and sensitive nature of behavioral health treatment, it may questionable for the supervising provider to be reviewing records of their family member if that patient is not aware or has not given consent for this. I would strongly advise against this arrangement for these reasons, but as to its legality, you will really need to consult a qualified attorney.
 
Last edited:
Top