Counselors, therapists, psychologists, taking back our rights

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"I Decided To Quit Counseling and Be a Coach Instead"

"I Decided To Quit Counseling and Be a Coach Instead"

"I Decided To Quit Counseling and Be a Coach Instead" This is a common statement among many colleagues seeking to escape the schizophrenic and ironically unethical regulations put forth by licensing boards and state and Federal governments.

Licensing: The Bloated, Festering Solution Without a Problem

Nifla v Becerra

Licensing: The Bloated, Festering Solution Without a Problem

The other day, I spent a little time researching numbers on mental health professionals. There are 93,410 currently active Texas BHEC licensees. Do you now how many complaints were filed by the general public last year? The number will shock you.

"The state has a right to regulate interstate commerce"

"The state has a right to regulate interstate commerce"

Did you ever notice that when you search for the Constitution of the United States, that it'll bring you to all kinds of government websites, but the Constitution is almost never the full text on one page. They break it up into multiple pages. Do you know why?

"But I Could Lose My License For Imposing My Beliefs On My Client"

"But I Could Lose My License For Imposing My Beliefs On My Client"

"I don't want to lose my license for sharing my religious beliefs with my clients," so they hold back out of this fear, this "chilling effect" that government overreach has had on Americans.

"What Makes A Law, A Law?"

"What Makes A Law, A Law?"

The states don't have a leg to stand on in these license tax schemes designed to generate revenue for the state. If you knew how much tax revenue was generated by the State of Texas imposing these unconstitutional licensing schemes on the public, it would make your hair stand on end.

"The Public are in Danger If Counselors Don't Have Licenses"

Nifla v Becerra

"The Public are in Danger If Counselors Don't Have Licenses"

In a content-neutral environment where anything goes, a license does nothing to stop harm. The government issues licenses to the following:

A Licensed Counselor is An Agent of the State

A Licensed Counselor is An Agent of the State

Let's say you're a counselor without a license. You decide to keep notes because it is helpful in the therapeutic process to do so. Keeping a journal, diary, log, notes of anything for any reason is not illegal or unlawful. When one becomes a counselor though,

"But Counseling Doesn't Fall Under Free Speech Because It's Professional Speech, and the Government has a Right to Regulate Interstate Commerce."

"But Counseling Doesn't Fall Under Free Speech Because It's Professional Speech, and the Government has a Right to Regulate Interstate Commerce."

This is a common objection from many mental health practitioners, but it is based in a flawed understanding of our nation and its laws. TLDR version is Murdock v. Pennsylvania 319 U.S. 105 (1943) says otherwise: "A state may not impose a charge for the enjoyment of a

The Threat and Coercion Game

The Threat and Coercion Game

They want you to submit to their jurisdiction. They threaten that if you don't sign this agreement, that contract, get this license, or fill out this form or that form, that you "may be the subject of legal action and/or criminal prosecution". That word "

"But, the Licensing Boards Provide a Valuable Service and Keep the Public Safe."

"But, the Licensing Boards Provide a Valuable Service and Keep the Public Safe."

This has been said to me by counselors and non-counselors alike, but there are two aspects to examine in this statement. 1) Do the licensing regulations/codes/statutes (which are not laws) actually keep the general public "safe"? 2) Does the licensing board or any government entity have

The Administrative Law Trap

The Administrative Law Trap

What many people are starting to understand is that maybe the government, local, state, and Federal, don't seem particularly concerned with protecting the Constitutional life of the men and women, many times often outright dismissing or outright violating our Constitutionally secured rights. Many of these bureaucrats are power

The [un]Constitutionality of the No Surprises Act

The [un]Constitutionality of the No Surprises Act

If you're a mental health practitioner, you have heard of the sweeping No Surprises Act. The original intent was to prevent hospitals and medical practitioners from continuing the time-honored tradition of financial gamesmanship with patients, who at the time are often under duress and unable to make sound

"But You Have to Win Against the State in Court Before You Can Practice Without a License"

"But You Have to Win Against the State in Court Before You Can Practice Without a License"

"A person faced with such an unconstitutional licensing law may ignore it an engage with impunity in the exercise of the right of free expression for which the law purports to require a license."

"But it's Illegal to Practice Without a License."

"But it's Illegal to Practice Without a License."

TL;DR - "No state may take a secured right, turn it into a privilege, and issue a license and a fee to practice it." -Carl Miller In the last post, I explained "the game" of administrative law that we opted into by getting a license.

The Game

As Americans, we are born into a constitutional law framework, based heavily on common law principles. When we grow up and become counselors, therapists, psychologists, clinical social workers, we apply for and receive licenses. In applying for and receiving these licenses, we're opting into what is known as