April 2021

Certifying Emotional Support Animals and Protecting Your Professional License, Part 1 of 2

By |2024-03-14T09:59:42-04:00April 16, 2021|Nursing Law Blog|

Attorney Amanda I. ForbesBy Amanda I. Forbes, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

In today’s stress-filed world if you are a mental health counselor or other professional counselor, it is likely that you will encounter a client seeking to obtain an Emotional Support Animal (ESA)
designation letter from you. Providing such a letter may cause you to face complaints, licensing, and disciplinary actions driven by hostile landlords, homeowners associations, and business establishments that do not want any sort of animals on their premises. Often cases wind up in civil litigation. The client may also try to retaliate […]

March 2021

Certifying Emotional Support Animals and Protecting Your Healthcare License, Part 1 of 2

By |2024-03-14T09:59:45-04:00March 19, 2021|Health Facilities Law Blog|

Attorney Amanda I. ForbesBy Amanda I. Forbes, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

In today’s stress-filed world if you are a mental health counselor or other professional counselor, it is likely that you will encounter a client seeking to obtain an Emotional Support Animal (ESA)
designation letter from you. Providing such a letter may cause you to face complaints, licensing, and disciplinary actions driven by hostile landlords, homeowners associations, and business establishments that do not want any sort of animals on their premises. Often cases wind up in civil litigation. The client may also try to retaliate […]

December 2020

Laws Governing ESAs and Service Animals, Part 3 of 3

By |2024-03-14T09:59:53-04:00December 22, 2020|Mental Health Law Blog|

By Amanda I. Forbes, J.D.

This is part 3 of 3 in a blog series regarding the differences between Service Animals and Emotional Support Animals. Read part 1 and part 2.

The Fair Housing Act (FHA) is a federal law that “prohibits discrimination in housing because of: race or color, national origin, religion, sex, familial status, and disability.” (Emphasis added). It applies to both emotional support animals and service animals. (“emotional illness.”)
Click here to learn more.

In addition, the FHA states it is unlawful to:

[D]iscriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because […]

October 2020

Emotional Support Animals and Protecting Your License, Pitfalls and Tips, Part 2 of 3

By |2024-03-14T09:59:55-04:00October 5, 2020|In the News, Mental Health Law Blog|

Amanda I. Forbes, J.D.By Amanda I. Forbes, J.D.; and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

This is part 2 of 3 in a blog series regarding Emotional Support Animals (ESA) support letters being prepared by counselors and therapists. There are serious pitfalls that exist for the unwary mental health professional and, in part 1, we provided a number of tips on how to avoid these. Click here to read part 1. Don’t forget to read part 3!

The ACA has identified specific potential risks to animals, clients, the public, and counselors which everyone involved in this area […]

September 2020

Certifying Emotional Support Animals and Protecting Your License, Part 1 of 2

By |2024-03-14T09:59:55-04:00September 28, 2020|In the News, Mental Health Law Blog|

Attorney Amanda I. ForbesBy Amanda I. Forbes, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

In today’s stress-filed world if you are a mental health counselor or other professional counselor, it is likely that you will encounter a client seeking to obtain an Emotional Support Animal (ESA)
designation letter from you. Providing such a letter may cause you to face complaints, licensing, and disciplinary actions driven by hostile landlords, homeowners associations, and business establishments that do not want any sort of animals on their premises. Often cases wind up in civil litigation. The client may also try to retaliate […]

January 2020

Finding a Healthcare Provider Service Organization (HPSO) Insurance Attorney to Defend you in a Complaint Against Your Mental Health Counselor or Social Workers License

By |2024-03-14T10:00:06-04:00January 23, 2020|Mental Health Law Blog|

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many licensed mental health counselors (LMHCs), licensed clinical social workers (LCSWs), licensed marriage and family therapists (LMFT), and other mental health professionals carry professional malpractice insurance through the Healthcare Providers Service Organization (HPSO) or one of the many other professional liability insurance companies. What they may not realize is that their insurance will pay for their legal defense expenses if there is a complaint filed against their license, if they receive a subpoena, if they are noticed for a deposition, or if they are accused of violating HIPAA or a client’s […]

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