According to Dr. Raynard Smith, New Brunswick Theological Seminary Assistant Professor of Pastoral Care, “We are living in stress-filled times which directly impacts people’s quality of life. This places high demands upon clergy who, as the research suggests, are usually approached first by members of their congregations seeking answers and relief” (“NBTS E-Story”). As people cope with high-stress levels, the church seems to be the perfect place to find respite. But we must consider the role of the pastoral counselor, and the liability risks that come along with pastoral counseling sessions.
According to the AAPC (American Association of Pastoral Counselors), to be licensed as a pastoral counselor in Texas you must have an LPC (Licensed Professional Counseler) or an LMFT (Licensed Marriage and Family Therapist), as well as an MA (Master’s), D Min (Doctorate of Ministry) or PHD (Doctorate of Philosophy) in a specified counseling field (“Licensing”). Pastoral counseling can be divided into two different categories: non-secular, religious counseling or secular, nonreligious counseling. Deborah Van Deusen Hunsinger argues for integration of theology and psychology in her book Theology and Pastoral Counseling: A New Interdisciplinary Approach (Howe, Leroy T.). In a review of Hunsinger’s book, Leroy Howe says that it is “a welcome sign that Athens may be catching sight of Jerusalem yet again among pastoral counselors” (Howe).
Although I am not arguing for either the integration of theology into pastoral counseling or for secular pastoral counseling, I do believe it is important to understand the differences between the two. It is also important to understand that some pastoral counselors are not even licensed, and offer their services simply as a spiritual obligation to encourage a biblical healing process.
Both secular and religious pastoral counselors face the risk of malpractice. Clergy malpractice is usually based on an accusation of misconduct or wrongful advice (Fain 228). For “life coaching” counseling, pastors, especially unlicensed pastors, are practically walking on eggshells when they give advice, because almost anything they say can be interpreted as hate speech, and they have no counseling policy to protect them if a lawsuit were to arise.
There are two aspects to my argument: the charge to the pastoral counselor, and the charge to the pastoral counselee. All pastoral counselors should abide by a policy that requires the counselor to emphasize a spiritual counseling style during sessions and to recommend the patient to a more qualified professional when applicable. The charge to the counselee is to understand the precise type of pastoral counseling they are receiving.
A pastoral counseling policy should be administered for all churches in order to prevent harm to the parishioner and to protect the pastor or church from being unnecessarily sued for liability issues. To enact this policy, I assert that there should be official documents that both pastoral counselors and counselees sign. Compliance with this policy would mean the counselor emphasizes the spiritual nature of his counseling style by praying, referencing the Bible, and possibly even assigning scripture-based homework during sessions (Fain 253). Constance Fain argues that
the pastoral counselor or church official, who is providing spiritual guidance to parishioners, should emphasize and restrict his or her assistance to biblical counseling unless he or she has received training from an accredited institution and is licensed by the state as a professional counselor (Fain).
This means that non-licensed pastoral counselors should avoid offering advice that pertains to medicine, mental health, and family therapy. If such issues arise during sessions, I believe that the pastoral counselor should refer the parishioner to a professional counselor or psychiatrist immediately.
The next part of the policy pertains to a counselor-patient consent form. Signing the form would mean that the patient understands that the pastoral counselor is not a social worker, therapist, or other state affiliated worker. Fain states that the patient should indicate they agree “not to file a claim against the church for any costs or damages caused by the counseling services of the pastor, other church official or pastoral counselor” (Fain 254). The form would also enforce acknowledgement of the law-mandated requirement to disclose to authorities any knowledge of “child abuse, threats to seriously harm or kill another, or other menacing remarks of violence that could lead to personal or property damage” (Fain 254).
Members of our community seeking pastoral counseling should agree to sign this document. It is also important for families to be aware of the differences between LPC ministers and pastors without counseling licenses, because each one lends to different types of counseling. It is ideal to seek help from a licensed pastoral counselor who shares your own spiritual beliefs. Risk of liability can be avoided if the parishioner understands the integration the specific pastor is utilizing in their care.
It may be argued that the beliefs of the client should not matter, because according to the AAPC, pastoral counselors are required to offer care without imposing their own beliefs on the client (“About Us”). However, despite advertisements of nonsectarian counseling, it is important for the patient to understand that pastoral counselors have had extensive training in religion or theology. So counselors do bring a bias with them to the counseling session, and that will show when the talk therapy begins. If the patient finds him/herself uncomfortable with the spiritual biases of the counselor, the chances of liability suits being filed against the church increases.
Some people argue against the concept of pastoral counseling in general. There are many cases where biblical counseling has led parishioners away from taking medication or seeking the professional help they need. For example, 24-year-old Kenneth Nally became depressed and suicidal after converting from Roman Catholicism to Protestant Calvinism. Instead of taking the advice of his parents to committing himself to a mental hospital, he decided to stay at the home of his pastor. According to an article on biblical counseling written by Kathryn Joyce, Kenneth spent six days at his pastor’s house during which “he read the Bible, listened to tapes of [his pastor’s] sermons, and helped to take care of [his pastor’s] family’s children” (“The Rise of Biblical Counseling”). Upon returning to his parent’s house a week later, Kenneth shot himself, leaving behind only a tattered piece of paper with Bible verses scribbled on it. After discovering that Kenneth’s “biblical counselor” received no professional training, his parents filed $1 million wrongful death lawsuit against Kenneth’s church and pastors (“The Rise of Biblical Counseling”).
This is why I am arguing for an awareness of what type of pastoral counselor you are seeking. Licensed pastoral counselor, John Messerschmitt, says, “We need to be clear to others about the differences between ourselves and untrained or parochial clergymen” (“Pastoral Counseling”). In the case of the Nally family, Kenneth’s refuge in his pastor’s house could not be defined as professional pastoral counseling. It is important to understand that pastoral counseling, especially unlicensed biblical counseling, alone is not a sufficient way to address severe psychiatric disorders.
In conclusion, pastors should not use secular counseling methods if they do not have an LPC. It is not necessarily better for a pastor to be a professionally licensed counselor; regardless, he should understand the risks of offering counseling services. As a community, this should not deter us from pastoral counseling. Instead, church members should seek out church counseling with a different mindset: its purpose is to provide help and healing in an environment that does not center on medical diagnoses and psychiatric assessment.
Blossoming Psychology 