Do Therapists Really Get Disciplined for Failing to Take Notes?
May 21, 2018
One of the biggest concerns I hear from counselors about their documentation is whether or not their progress notes will be read by someone else. Usually they are most concerned by a potential court case and their concern is that the progress notes will somehow harm their client in this case.
Secondly, the concern is about others reading their progress notes and that they will be deemed an incompetent or negligent clinician when the progress notes are revealed.
Why are so many therapists worried about their progress notes somehow revealing poor clinical practices?
I find that the lack of clarity about what to write in therapy notes contributes to a LOT of worry. That worry builds when counselors seek out information about how to write progress notes and they find a myriad of conflicting information from seemingly reliable sources.
The worry grows exponentially when that same counselor falls behind in their progress notes and needs to catch up on paperwork.
Then you add to that a horror story of another counselor being put on probation or losing a contract due to poor case note writing and this becomes a real concern!
But is it true that psychotherapists get disciplined for poor record keeping? Does this really happen?
Yes!
I find this commonly happens when some other catalyst creates a client complaint or Board investigation.
When the Board begins to investigate and requests records, they often find two additional problems (other than the original complaint):
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The clinician failed to obtain proper informed consent.
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The clinician failed to maintain adequate records.
Keep in mind that these common scenarios are regardless of whether or not the therapist is actually found to be at fault regarding the original complaint.
So, let's dive in to each of these two scenarios and see how to avoid these common issues...
Scenario #1: The clinician failed to obtain proper informed consent.
1) This often occurs when therapists are providing services to children and adolescents. The therapist may fail to inform the parents when it is required or may fail to obtain consent from the correct party (or both parties, if required). Similarly, this can also happen when a dependent adult is being treated.
2) I've also seen cases of this when a psychologist failed to obtain proper consent for psychological testing or did not adequately document reviewing the differences between a testing and a therapeutic counseling relationship.
3) There are also scenarios where the therapist does not actually review the informed consent process at the beginning of therapy. Instead, they simply make sure forms are signed and don't review any policies or procedures, potential limits to confidentiality, or describe the therapeutic process.
When counselors are too lax about the intake process and jump right in to the therapy process they set themselves and their clients up for a potential disaster and significant harm to therapeutic rapport.
4) Lastly, the counselor may simply fail to document that they obtained consent for treatment. I always recommend you document in an intake note that you reviewed necessary policies, potential limits to confidentiality and obtained consent for treatment.
Scenario #2: The clinician failed to maintain adequate records.
1) One common problem here is that the therapist simply has incomplete records. They may be missing progress notes, informed consent documents or other necessary paperwork, such as releases of information.
2) Another common problem is that the therapist has progress notes but no other supporting documentation, such as a treatment plan or intake paperwork.
3) Lastly, the issue might be around quality of documentation. For example, the counselor only includes such brief information in their progress notes that the Board cannot adequately determine if the counselor’s actions are justified. Or the counselor may fail to document things like important phone calls or missed appointments that corroborate their side of the story.
>> It's important to note here that experienced clinicians appear to be more at risk in these areas. I found very few examples of newer therapists being disciplined for these concerns.
What can you do to avoid these potential problems with client records?
Two ongoing things are critical for every licensed psychotherapist in every discipline, state and country:
So, just reading this blog post you are already on the right track! You're making ongoing learning a priority for your career.
And despite the fact that you may hear different opinions about documentation practices, regularly discussing these practices with other clinicians, along with educating yourself on best practices, will help you gain the critical thinking needed to decide for yourself what you will do in your practice.
If you're looking for a community of other therapists with whom you can consult, as well as a place to obtain continuing education credits and learn about individualized documentation techniques, then click here check out the Meaningful Documentation Academy.
The Academy incorporates community and education to make sure you are prepared and confident about all things documentation.
