ASCH Insurance Issues

HypnosisAustralia, May 2009

By Lyndall Briggs.

It is hard to believe that a few years ago, our professional indemnity insurance policies were costing in the vicinity of $1000 and yet now are now down to under $200 a year.

However, 'the devil is in the detail', as the saying goes and we need to pay attention to what we are paying for and what may be excluded.

In particular, there are two policy exclusions from the OAMPS Alternative/Complementary Medicines and Therapies and Beauty Therapists Insurance (which a lot of clinical hypnotherapists are covered by), that have been brought to my attention and which I would like to warn practitioners about.

The first exclusion is in regards to 'Diet' and states that the policy will not respond by reason of 'the insured not instructing the client to obtain the approval of his or her own Medical Practitioner before commencing a weight loss programme.'

The second is in regards to 'Stage Hypnotherapy & Past Life Regression'. I have contacted OAMPS for a definition of 'Past Life Regression' and the response from the underwriters is as follows:

"Unfortunately this is an area of hypnotherapy which has produced problems (and associated claims) due to false memory syndrome. As a result it can create delusions in the mind of the patient which they are then unable to differentiate from fact. An example was a case in which, as a result of Past Life Regression, a patient believed she had been abused. She then made allegations against her father who was arrested. On investigation it was found to be false memory syndrome and not an actual event. The outcome was that the family were broken apart and expensive litigation ensured. In the circumstances I regret Underwriters are not prepared to accept the risks association with this technique."

Yes, I know that they have got it all wrong so that is why we sought some independent legal advice. The advice that we received basically suggested that we remind our members that the ASCH Code of Ethics requires members to "abide by the Statutes and common laws applicable to their place of practice". Members are also reminded that a strict duty of care is owed by all therapists to their clients and that liability may arise at law (whether under statute, common law or in equity) for failure to uphold that duty.

Compliance with the Code of Ethics of the Society is a mandatory requirement for the practice of hypnotherapy under the auspices of the ASCH. The ASCH strongly recommends that its members have professional indemnity insurance cover and where appropriate, public liability insurance cover. If in any doubt as to appropriate levels of cover or other policy details, members should consult their insurance broker directly.

The good news is that due to the ASCH becoming a Member Association of the CCH we now have access to their insurance policy coverage with Insurance Made Easy. This policy was carefully tailored to meet the needs of clinical hypnotherapists and, on my understanding, appears to be inclusive of risk in relation to the practice of Past Life Regression.

One final note: It is not within the function of the ASCH and nor does the ASCH purport in any way to provide legal advice to its members and if any member is unsure as to his or her legal rights or obligations in relation to their area or place of practice, they should consult an appropriate professional.

Lyndall Briggs is a President/Supervisor for the Australian Society of Clinical Hypnotherapists (RMASCH), Vice President of NSW Counselling Association, Master Practitioner of NLP with a strong background in Nutrition, EFT & Counselling. She's also a Clinical Member/Supervisor with the Australian Counselling Association and Clinical Member/Supervisor of the Counsellors and Psychotherapists Association. Lyndall has been in private practice for more than 12 years, working from the Kingsgrove Hypnotherapy & Counselling Centre. Visit www.hypnotherapy.com.au for more information.

©HypnosisAustralia, May 2009