Continuity of Care Planning: A Legal Requirement for LMHCs

For Licensed Mental Health Counselors (LMHCs) practicing in Massachusetts, the obligations around client care extend beyond the therapy session. In a rapidly growing field, the regulations surrounding the practice can be murky, at best. One crucial but sometimes overlooked responsibility is the duty to ensure continuity of care—particularly in situations where a provider becomes unavailable due to illness, retirement, or unforeseen circumstances.

So, is there a legal requirement for LMHCs to have a continuity of care plan?

Licensing and Ethical Foundations

To practice in Massachusetts, LMHCs must be licensed through the Board of Allied Mental and Human Service Professions. This Board adopts and enforces the ethical standards set forth by both the American Counseling Association (ACA) Code of Ethics and the American Mental Health Counselors Association (AMHCA) Code of Ethics.

These codes clearly state that LMHCs must not abandon their clients and must take appropriate steps to ensure continuity of care. This includes making arrangements for treatment coverage when the counselor is unavailable.

Ethical vs. Legal Duty

At first glance, these appear to be strictly ethical duties. However, there's more beneath the surface.

While the Massachusetts licensing statute does not explicitly mandate a “continuity of care plan,” it does require adherence to the ethical standards adopted by the ACA and AMHCA. In other words, by requiring counselors to follow these professional codes as a condition of licensure, the law effectively incorporates ethical obligations into legal expectations.

Therefore, although the law may not use the exact language of a legal “duty,” the ethical mandate becomes a de facto legal obligation. Failing to have a plan in place could expose LMHCs to disciplinary action by the Board or raise concerns of professional negligence.

Bottom Line: Err on the Side of Caution

Whether you view it as an ethical mandate or an indirect legal requirement, the message is the same: every LMHC should have a continuity of care plan in place. It's not just best practice—it's a vital component of responsible, ethical counseling.

Need Help with Compliance or Ethics Planning?

If you're an LMHC and need assistance developing a continuity of care plan—or have questions about your professional responsibilities—contact Bryan R. Colella at Gens & Stanton to discuss a fast and easy flat rate continuity plan. We're here to help you stay compliant, protected, and focused on what matters most: your clients.