Therapist's Professional Will

Getting Started, Tips, and Updates

The best way to create your own Professional Will, as I describe in detail in the Therapists's Professional Will™: Managing Planned and Unplanned Absence, is to put together a trusted group of colleagues who want to be on each other's Emergency Response Team, or ERT. These handpicked therapists will help you and your clients when you are unavailable. It is best if your group orders copies of The Professional Will and agrees to meet regularly to cheer each other on in the process. (Please see Order Products page for information re group discounts.)

If you already are part of a consultation group you might want to schedule time during your meetings to work on the Will with them. Or pick colleagues to simply get started thinking about taking the first steps to form a small group. The 6-hour Online law and ethics courses I offer, The Therapist's Professional Will: If Not Now, When? Honoring Your Ethical Responsibility and the downloadable Therapist's Professional Will™: Guidelines for Managing Absence, each include suggestions for how to do this. You can start now by finding a few colleagues you trust and respect to begin talking with about doing your own Professional Wills.

For therapists who don't have a group of colleagues whose treatment values are compatible, The Therapist's Professional Will™: Guidelines for Managing Absence includes suggestions for how to select your Emergency Response Team, ERT. It also outlines essential qualities for selecting your Bridge Therapist, the person who will sermergency Responseve as the main contact person and coordinator of your ERT when you are unavailable. For now, start thinking of colleagues you would be comfortable inviting to work with you on your Professional Will.

CHECK BACK for information about my forthcoming E-Book,The Psychotherapist’s Professional Will: Handbook for Managing Planned and Unplanned Absences from Practice!

TIPS

This page will be updated with tips, new information and recommendations for how to keep your Professional Will current. Please check back for updates and suggestions. If you would like to be notified of major updates, please join my mailing list. While I am updating the downloadable Therapist's Professional Will™: Guidelines for Managing Planned and Unplanned Absence, here are the most important issues that are being added to the next revision:

Tip #1: Ways to notify clients that you will be unavailable temporarily:

If you are out of the office temporarily or for an uncertain amount of time change your cell phone or answering machine's outgoing message to include information about who to contact in the event of an emergency or for information about your expected date of return. Until you set up your Emergency Response Team you can use the same person who covers your practice while you are on vacation.

Tip #2: Another way to notify clients that you will be unavailable temporarily:

Use your computer's "Out of office auto reply" message for emails. For example:

"Hello, I will be out of the office until (date). During my absence, my colleague, (name) is covering for me. You may contact (name) at (area code and phone number).

Kind regards,
(your name)

Tip #3: Make it easier for your Emergency Response Team, ERT:

1. Keep a folder in your password-protected Word documents called EMERGENCY RESPONSE TEAM

2. In your locked file drawers, segregate your open and closed cases. If you haven't started to keep current patient summaries, it will help if you note the date first seen and date the case was closed.

3. Separate out or have a system for identifying clients who are high profile or might be known by members of your ERT so that those patients can be followed up by someone who does not have a dual relationship.

4. Consider writing essential information on the outside of the hanging file for each patient.

5. Add a line at the top of each patient summary and in each patient chart, indicating when to destroy/ shred the chart. For example: Date to destroy/ shred this chart (Date)__________

Tip #4 Have a plan for updating your social media in your absence:

Many therapists have websites and blogs, Twitter, Linked In and Face Book accounts, etc. Remember to write out directions for your Emergency Response Team about how to update this information. If you know that you will be out of the office for a specific period of time consider posting contact information on your website that includes the name and phone number of the colleague who has agreed to cover for you.

NOTE: If you have already created your own Professional Will, remind your ERT to let you know of any changes in their availablility.

Tip #5 Make sure your ERT has information about your online video/ telehealth provider. In the section that includes the template for patient summaries, add this information:
Name of teletherapy company/provider:________________________
Contact information for teletherapy company/provider: ________________________
Password(s): ________________________ (Page 48, Section VI. My Professional Premises of the Therapist’s Professional Will: Guidelines for Managing Planned and Unplanned Absence.)

Tip #6 In the section that includes patient diagnoses, update DSM diagnoses using the most recent ICD-10 diagnoses. (Page 28 of Therapist's Professional Will: Guidelines for Managing Planned and Unplanned Absence.)

Tip #7 In the Memo to my Emergency Response Team, or in an addendum:
Name of teletherapy company/provider:________________________
Contact information for teletherapy company/provider: ________________________
Password(s): ________________________ (Page 54, in the Memo to ERT of the Therapist’s Professional Will: Guidelines for Managing Planned and Unplanned Absence.)

Tip #8 In the section about listing therapists to refer to, the language is being updated to acknowledge the importance of intersectionality. To be more comprehensive, I recommend that along with your summary statement about your theoretical orientation, you include whether you share your sexual orientation and socio-cultural location. I also encourage you to think about and add, where appropriate, recommended sexual orientation and socio-cultural location for each patient and to your list of preferred therapists to replace you either temporarily or permanently.

Top 5 ID Theft Blocking Tips from AARP
AARP, the American Association of Retired Persons, recommends that obituaries not include the deceased’s birth date, place of birth, last address or job. IF you want a public memorial, the Bridge Therapist with input from the family representative may decide to include where you last worked.

The following suggestions are not specifically for your ERT, but are good reminders for your trustee and family members.

AARP advises that after death the trustee for your estate or a close family member should immediately:

Send death certificate copies by certified mail to the 3 main credit reporting bureaus. Request that a “deceased alert” be placed on the credit report.
Mail copies as soon as possible to banks, insurers and other financial firms requesting account closure or change of joint ownership.
In the US, report the death to the Social Security Administration at 800 772-1213 and the IRS at 800 829 1040. Also remind the trustee to notify the DMV, Department of Motor Vehicles.
Starting a month after the death, check the departed’s credit report at annualcreditreport.com for suspicious activity.

(From AARP Bulletin: Real Possibilities Your Money Scam Alert June 2015 Sid Kirchheimer author of Scam-Proof Your Life published by AARP Books/ Sterling)

Reminder: Check back! I will continue to update this page.

Why Do This?

The Ethics Codes of

Since these guidelines vary, it is important to check with your professional organizations, as well as state or local laws for current guidelines.

The following list is provided as references are not intended to be comprehensive. Users outside of the United States are encouraged to review ethical guidelines specific to your country and professional discipline.

Here are highlights of the Ethics Codes and Ethical Frameworks of the major mental health organizations in the US and a sample of international organizations:

(Author’s note: I have highlighted phrases most relevant to the professional will.)

The American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct https://www.apa.org/ethics/code

American Psychological Association, (2017). Ethical principles of psychologists and code of conduct (2002, amended effective June 1, 2010, and January 1, 2017).

Section 3.12 Interruption of Psychological Services

Unless otherwise covered by contract, psychologists make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist's illness, death, unavailability, relocation, or retirement or by the client's/patient's relocation or financial limitations.

Section 6.02c Maintenance, Dissemination, and Disposal of Confidential Records of Professional and Scientific Work

Psychologists make plans in advance to facilitate the appropriate transfer and to protect the confidentiality of records and data in the event of psychologists’ withdrawal from positions or practice.

Section 10.09 Interruption of Therapy
When entering into employment or contractual relationships, psychologists make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client/patient care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client/patient.

“Impairment, while heightening the risk for ethical violations, does not infer such violations. Nonetheless, psychologists are also responsible to ensure that they are competent to provide the services they offer. Impairment, as defined here, compromises the functioning of the psychologist, and should therefore imply a need for close scrutiny of job-related performance in order to preempt ethical violations.”(https://www.apaservices.org/practice/ce/self-care/intervening)

Regarding Responsibilities of the Distressed or Impaired Psychologist:

2.06 Personal Problems and Conflicts

(a) Psychologists refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner.
b) "When psychologists become aware of personal problems that may interfere with their performing work-related activities adequately, they take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend or terminate their work-related duties."

Regarding Responsibilities of the Concerned Colleague:
Section 1.04 "Informal Resolution of Ethical Violations"
When psychologists believe that there may have been an ethical violation by another psychologist, they attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved.
Section 1.05 "Reporting Ethical Violations"
"If the apparent ethical violation has substantially harmed or is likely to harm a person or organization and is not appropriate to informal resolution under Standard 1.04 or is not resolved properly in that fashion, psychologists take further action appropriate to the situation. Such action might include referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities. This standard does not apply when an intervention would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question. "
https://www.apaservices.org/practice/ce/self-care/intervening?utm_source=apa.org&utm_medium=referral&utm_content=/search

2.06 Personal Problems and Conflicts
(a) Psychologists refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner.
(b) When psychologists become aware of personal problems that may interfere with their performing work-related duties adequately, they take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties. (See also Standard 10.10, Terminating Therapy .)

The American Psychiatric Association Principles and Guidelines:
https://www.psychiatry.org/getmedia/3fe5eae9-3df9-4561-a070-84a009c6c4a6/2013-APA-Principles-of-Medical-Ethics.pdf (Retrieved May 26, 2025.)
Section 2 A physician shall uphold the standards of professionalism, be honest in all professional interactions and strive to report physicians deficient in character or competence, or engaging in fraud or deception to appropriate entities.

4. Special consideration should be given to those psychiatrists who, because of mental illness, jeopardize the welfare of their patients and their own reputations and practices. It is ethical, even encouraged, for another psychiatrist to intercede in such situations.

https://www.ama-assn.org/delivering-care/ethics

The National Association for Addiction Professionals
https://www.naadac.org/assets/2416/naadac_code_of_ethics_06012025.pdf
(Retrieved May 26, 2025.)

Article about the latest ethics code revisions:https://www.naadac.org/ethics-column/posts/naadacncc-ap-code-of-ethics-a-living-document

I-24 Termination
Addiction professionals terminate services with the client when services are no longer required.

I-25 Coverage
Addiction professionals make necessary arrangements for coverage and crisis management, to accommodate interruptions in services due to events including but not limited to vacations, illnesses, or unexpected situations.

I-26 Abandonment
Addiction professionals do not abandon any client. Providers who anticipate termination or interruption of services to clients notify each client promptly, and seek transfer, referral, or continuation of services in accordance with each client’s needs and prefer

I-37 Suspension
Addiction professionals give timely written notice to clients of impending suspension of services or service interruption of service interruption for nonpayment.

II-14 Deceased
Addiction professionals protect the confidentiality of deceased clients by upholding legal mandates.

II-20 Transfer Records
Unless exceptions to confidentiality exist, addiction professionals obtain written permission from clients to disclose or transfer records to legitimate third parties. Providers ensure that receivers of counseling records are made aware of their confidential nature. Addiction professionals ensure that all information released meets the requirements of 42 CFR Part 2, HIPAA, and any other applicable rules or laws. All information released is appropriately marked as confidential. Addiction professionals do not transfer, or release records obtained from another provider or entity.

II-24 Temporary Coverage
Addiction professionals, when serving clients of another agency or colleague during a temporary absence or emergency, serve those clients with the same professional consideration and confidentiality as that afforded the professional’s own clients.

II-25 Planned Succession For Records
Addiction professionals in private practice protect client confidentiality in the event of the counselor’s unplanned absence, planned absence, termination of practice, incapacity, or death. Providers appoint a records custodian in their private practice policies, professional Will, or other document.
111-18 Self-Monitoring
Addiction professionals continuously self-monitor in order to meet their professional obligations. Providers engage in self-care activities that promote and maintain their physical, psychological, emotional, and spiritual well-being.

III-38 Addressing Impairment
Addiction professionals recognize the effect of impairment on professional performance and seek appropriate professional assistance for any personal problems or conflicts that may impair work performance or clinical judgment. Providers continuously monitor them selves for signs of physical, psychological, social, and emotional impairment, including burnout. Providers, with the guidance of supervision or consultation, obtain appropriate assistance in the event they are professionally impaired and unable to safely practice. Providers abide by statutory mandates specific to professional impairment when addressing one’s own impairment.

III-39 Assistance for Impairment
Addiction professionals offer and provide assistance as needed to peers, coworkers, and supervisors who are demonstrating professional impairment, and intervene to prevent harm to clients. Providers abide by statutory mandates specific to reporting the professional impairment of peers, coworkers, and supervisors.

III-41 Closing Practice
Addiction professionals create a written plan, policy or professional Will for addressing situations involving the Provider’s incapacitation, termination of practice, retirement, or death. Addiction professionals and organizations develop policies regarding continuation of services upon the incapacitation, termination, retirement or death of the provider. Providers notify their clients, when possible, that there has been or will be a change of practice.

IX-15 Transfer Plan
Researchers create a written, accessible plan for the transfer of research data to an identified colleague in the event of their incapacitation, retirement, or death.

XI-20 Termination, Abandonment & Closing Practice

*Organizations do not abandon any client.
*Organizations who anticipate termination or interruption of services to clients notify each client promptly, and seek transfer, referral, or continuation of services in accordance with each client’s needs and preferences.
*Organizations create a written plan and policy to address situations involving an employee’s/clinician’s incapacitation, termination of practice, retirement, or death.

NAADAC/NCC AP Code of Ethics: A Living Document Revisions
March 17, 2021

I-5 (Diversity): Addiction professionals shall respect the diversity of clients and provide culturally responsive and culturally sensitive services to all clients.
III-40 (Termination): Added in 2021 revision - Addiction professionals or agencies shall develop policies regarding continuation of services upon the incapacitation, termination, retirement or death of the provider.
• VI-4 (Informed Consent): Addiction professionals shall execute thorough e-therapy informed consent prior to starting technology-based services. A technology-based informed consent discussion shall include, but shall not be limited to: (Author has edited this section to include relevant sections.)

• contact information of the client, counselor/provider and supervisor;
• possibility of technology failure and alternate methods of service delivery;
• emergency protocols to follow;
• procedures for when the counselor is not available;

• VI-13 (Boundaries): Added - Providers shall be aware of the unique risks for boundary crossings associated with the e-delivery of services.
• VII-17 (Disclosures): Added - Supervisees shall only make disclosures to a client for the benefit of the client and their work, and disclosures shall not be made to benefit the supervisee.

• VIII-11 (Violations with Harm): Addiction professionals shall report unethical conduct or unprofessional modes of practice of which they become aware where the potential for harm exists, or actual harm has occurred, to the appropriate certifying or licensing authorities, state or federal regulatory bodies, and NAADAC. Providers shall obtain supervision/consultation prior to filing a complaint, and document recommendations and the decision regarding filing or not filing a complaint.

American Mental Health Counselor Association Code of Ethics (Revised 2020)
2 AMHCA Code of Ethics-2020-2.pdf (Retrieved May 26, 2025.)
C. Counselor Responsibility and Integrity
1. Competence
o. Develop a plan for termination of practice, death, or incapacitation by assigning a colleague or records custodian to handle transfer of clients and files.

5. Termination and Referral CMHCs do not abandon or neglect their counseling clients.

a. Assistance is given in making appropriate arrangements for the continuation of treatment, when necessary, during interruptions such as vacation and following termination.
b. CMHCs may terminate a counseling relationship when it is reasonably clear that the client is no longer benefiting, when services are no longer required, when counseling no longer serves the needs and/or interests of the client, or when agency or institution limits do not allow provision of further counseling services.

f. CMHCs take steps to develop a safety plan if clients are at risk of being harmed or are suicidal. If necessary, they refer to appropriate resources and contact appropriate support.

E. Record-Keeping, Fee Arrangements, and Bartering
b. CMHCs establish a plan for the transfer, storage, and disposal of client records in the event of withdrawal from practice or death of the counselor in a manner that maintains confidentiality and protects the welfare of the client.
c. When CMHCs choose to exceed state minimum requirements for maintaining records, they must notify clients in their informed consent.

Note to Media: As mentioned elsewhere, this section was written for use by trained, licensed mental health providers. The issues discussed are of a highly sensitive nature. If you are interested in writing about this topic please feel free to contact Dr. Steiner directly at (925) 962-0060. Please do not reproduce the information on this website for distribution or publication without the author's written consent.

Disclaimer: The information in this page is intended for educational purposes for licensed mental health providers.