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Professional liability insurance

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(@dshields)
Joined: 6 years ago
Posts: 5
Topic starter  

Medical professional have access to liability insurance in case mistakes are made, as transpersonal coaches we don't have access to the same kind of protection.

Do you ask your clients to sign some kind of waiver or disclaimer before they see you?

I was wondering if it may be an inappropriate time to ask someone to sign a legal document the moment you meet them for the first time to get help with some kind of crisis or personal problem - as it may be the last thing they want to do if they are in need of a supportive coach to listen and be open with them.

How do each of you handle this in your own practice? 

And what would be good points to include in a document like this... as I think of this myself I would say something like:

- I'm not a medical practitioner, only a transpersonal coach and will help where appropriate within my limits.
- I will do the best that I can, and you (the client) will also agree to do your best.
- I will keep your personal information and sessions confidential.
- In case of an accident or mistake, I (the practitioner) won't be held personably responsible.

What do you think? Is it even necessary or is it assumed by everyone in the situation.


   
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(@jevon)
Joined: 7 years ago
Posts: 12
 

Hi Daniel,

You've raised an important point, one that professional coaches should be considering.

Aside from adhering to the legal requirements that may apply in one's region, coaches need to take their client's safety and well being into consideration, while protecting themselves in case their client holds them responsible for being unable to cope with unpleasant phenomena that the coaching process may evoke, for example: spiritual emergency, abreactions, decisions resulting in negative outcomes, personalty changes, etc.

Having the client sign a waiver or disclaimer upfront is safe, but as you identified, this can be disruptive and damage rapport with the client. This should be treated responsibly, but with sensitivity. I take bookings via my website, where the T&Cs are displayed on all pages.


   
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(@hennie)
Joined: 7 years ago
Posts: 21
 

Hello, 

This is not dissimilar to having to discuss payment terms and other formalities. 

I try and get as much as that done before the first session e. g. by sending the agreement/waiver via email and ask the client to read through, sign and bring with them. Unless of course they want to discuss it first. In any case, when done with sensitivity and awareness, this type of discussion is not all that disruptive.  In fact, taking care of business first could even create a sense of normality and structure for a nervous client while allowing the coach to build rapport in Open Awareness simultaneously in the background before the "real work" begins.

There's a wider discussion, of course, on how money and business relate to the coaching process. Thoughts?

On liability insurance. In South Africa, there is no liability insurance for coaches, and I doubt in many other places in the world. If the coach happens to have an additional professional affiliation, such as psychologist or counsellor, insurance may apply for that portion of the job. For example, I have medical liability insurance. However, that wouldn't cover the coaching portion of the job.

As Jevon points out, legal liability in general, is based on demonstrating training, experience and competency in what you do. Quality of training and certification to high standards becomes important. 

I wonder. Should coaching, and coach training, be more tightly regulated? 


   
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(@dshields)
Joined: 6 years ago
Posts: 5
Topic starter  

It is hard to say if it should be regulated or not, because I don't have much experience and also because with transpersonal work I don't think spirit should be put in a box by some governing organisation... I think too much regulation would limit us from trying different techniques, adapting and exploring.

I recently watch the documentary "wild wild country" about OSHO, and you could take that as an example at the far end of the spectrum of where spirit and business don't mix well.

He was offering spiritual counselling and guidance and his experiment of a utopian city turned out to be very cult like, which could happen to some extent if councillors are left unchecked, and his relationship with money was very extravagant with his dozens of rolls royces. In the documentary I think they mentioned he was inspired by George Gurdjieff and it seemed like he turned the entire experience of his utopia into some kind of experiment or exaggerated play on life, in order to wake people up, so his work didn't really end with business hours either.

If you have this kind of situation, where the client or follower becomes so involved in the play, then they wouldn't be able to provide a good or valid reference. Only an external source would have been able to give a clear unbiased opinion of his coaching and meditation techniques. At the end of his saga it was the business that was going to extremes to keep a wrap on the whole situation and keep hidden what they didn't want to be seen, even going as far as spying on the other members of the community for years, so the business was perpetuating the illegal activity to keep the community they built around OSHO alive.

So, I would think some kind of peer validation would be the best form of regulation or recognition for this kind of work.


   
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(@lisa-kent)
Joined: 6 years ago
Posts: 4
 

Hi Guys,

Here in the UK I've just got liability insurance to practise NLP and ASE. It wasn't very expensive - I haven't finished the transpersonal coaching course yet, so haven't yet looked into insurance for this part. If anyone's got a waiver form that they are using that I could look at I'd really appreciate it? I've literally just started my coaching career in this field and am slowly getting all of the pieces in order!


   
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(@lisa-kent)
Joined: 6 years ago
Posts: 4
 
Posted by: Hennie

As Jevon points out, legal liability in general, is based on demonstrating training, experience and competency in what you do. Quality of training and certification to high standards becomes important. 

I wonder. Should coaching, and coach training, be more tightly regulated? 

I think any activity which involves a person claiming expertise and being in a position where they can harm someone else should be regulated. How you manage that is a different question. If one is happy to do without insurance, or any official qualification, certainly in the UK there is nothing to stop you setting yourself up as a coach. Even in my field as a Personal Trainer, you need an official qualification to get insurance or to work in a mainstream gym. But if I wanted to work for myself and not bother with insurance, then no one is going to stop me. 

There are also so many different coaching qualifications out there, it might be hard to boil it down to a set of core competencies that have to be displayed regardless of the style of coaching? However, just because it would be difficult to do does not mean that it wouldn't be worthwhile! And certainly in fields such as hypnosis there are accepted certifications that all insurance carriers will accept (in the UK at least).


   
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