The Ehealth, Telehealth and Telemedicine Blog

Avoiding the “Medical Model” for Online Counseling, Psychotherapy and Telemental Health

by Marlene M. Maheu, Ph. D. on 19/04/10 at 9:17 am

Over the last few months, I’ve unfortunately had the occasion to hear a number of online practitioners claim that they do not adhere to the “medical model” but rather believe in the ” business model.”  Somehow, these practitioners hold strong in the belief that online practice is not related to traditional practice in the brick-and-mortar world. This position could be hazardous.

In the words of one of California’s most malpractice attorneys, Brandt Caudill, Jr., Esq.:

“Faced with the complexities of informed consent, standard of care, note taking, etc., some therapists have tried to opt out of these requirements by simply taking the position that they do not believe in, or endorse the medical model, and therefore they should not be held to it. This has the same effectiveness as reporting to the Internal Revenue service that you do not believe that the tax laws are valid, and that you should not have to comply with them. While this may lead to making the acquaintance of interesting criminal defense and bankruptcy lawyers, it will not cause any change in the IRS’s view of the applicability of the tax laws. By the same token, for a psychotherapist to assert that he or she should not be subject to the medical model will be ineffective. The medical model will generally be imposed with or without your agreement.”

For more about traditional face-to-face malpractice issues see Mr. Caudill’s article: Malpractice & Licensing Pitfalls for Therapists: A Defense Attorney’s from which the above was excerpted.

Marlene M. Maheu, Ph.D. is the Executive Director of the Telemental Health Institute’s Center for Online Counseling and Psychotherapy, offering CE programs related to the practice of online counseling, telepsychology and telemental health.  Academic books authored by Dr. Maheu and colleagues include eHealth, Telehealth and Telemedicine and The Mental Health Professional & the New Technologies.