How to start a private practice in Alabama

Use your exact licensed title, Licensed Professional Counselor (LPC), and identify your credentials accurately.

• Credentials can't be false, misleading, deceptive or fraudulent.
• Holding yourself out as an LPC without a valid license can bring a civil penalty of $500 to $5,000 per violation.

Not yet confirmed: We found no license number requirement. Check with the board.

Rule 255-X-11 Attachment 1, C.3.a, Rule 255-X-9-.01(2)

Keep advertising accurate. The only restrictions are those needed to protect the public from deception.

• Advertise only the highest degree earned that is in counseling or a closely related field, from a regionally accredited school.
• Don't solicit testimonials from clients or others vulnerable to undue influence.
• Make reasonable efforts to be sure statements others make about you are accurate.
• Don't use your job or institutional affiliation to recruit private practice clients. Ads for products, workshops or trainings must be accurate and give enough information for consumers to choose.

Not yet confirmed: The rule doesn't use the word "specialist." Check with the board.

Rule 255-X-11-.01, Code of Ethics C.3

Use your exact title, Licensed Marriage and Family Therapist (LMFT).

• A person on inactive status may not use the LMFT title in Alabama.
• List only earned degrees from accredited or board-recognized schools.

Not yet confirmed: We found no license number requirement. Check with the board.

Rule 536-X-9-.01 and 536-X-8-.08(5)

Represent your competencies, education, training and experience accurately in every ad.

• Don't use names that mislead about identity, source or status, and don't claim a partnership you don't have.
• No professional identification, such as a card, sign, letterhead or internet listing, may carry a false, misleading or deceptive claim.
• Correct false statements others make about you, and describe employees' and supervisees' qualifications truthfully.
• Don't claim specialized services without the education, training or supervised experience.

Not yet confirmed: Testimonials aren't addressed in the text we read. Check with the board.

Rule 536-X-8-.08 and 536-X-7

Use your exact license title, and don't misrepresent your qualifications, licensure, certification, education, experience or affiliations.

• The clinical license is Licensed Independent Clinical Social Worker (LICSW). It is the level that may practice independently.
• Private independent practice also needs the board's PIP certification (LICSW-PIP).

Not yet confirmed: No rule says which title or license number an ad must show. Check with the board.

Rule 850-X-9-.01 and 850-X-2

Make no misrepresentation in ads about qualifications, competence, services or results to be achieved.

• Don't misrepresent your licensure, certification, education, experience or affiliations.
• Don't let another person use your license.

Not yet confirmed: The rule text doesn't mention testimonials or "specialist." Check with the board.

Rule 850-X-9-.01

Use "Licensed Psychologist" on letterheads, professional cards and other displays.

• You may use a specialty title such as "Clinical Psychologist" instead if it accurately describes your training and services. Don't combine it with "Licensed Psychologist."
• If you advertise under a group or corporate name, at least one licensed psychologist's name must appear with it.

Not yet confirmed: We found no license number requirement. Check with the board.

Rule 750-X-4-.03(1), (2) and (4)

Never use your license as a claim, promise or guarantee of successful service.

• Display the license certificate in your office, but don't reproduce it for displays or announcements of services.
• APA Standard 5 applies. Statements must not be false, deceptive or fraudulent, and you can't solicit testimonials from current therapy clients or others vulnerable to undue influence.
• Specialty titles must match your competence and training.

Not yet confirmed: The testimonial point comes from the APA Code the board adopts. We didn't re-open its text.

Rules 750-X-4-.03 and 750-X-6-.02, APA Standard 5.05

At the start of counseling, and as needed after, give clients mandatory disclosure in both verbal and written form.

• Cover the purposes, goals, techniques, procedures, limitations, and potential risks and benefits of services.
• Cover the meaning of any diagnosis, how tests and reports will be used, fees, billing and collection procedures for unpaid fees.
• Cover limits of confidentiality (including supervision, consultation and treatment teams) and how records are kept and destroyed.
• Cover the client's right to take part in planning, refuse services and hear the consequences. Informed consent is ongoing.

Ethics Code A.3.a (Rule 255-X-11, Attachment 1)

Alabama has no required retention period for counselors that we could find. Keep records confidential and make them unidentifiable when you destroy them.

• Follow what you told clients in your informed consent.
• Get written client permission before recording sessions.
• The Ethics Code recommends a plan and a custodian of records if you become incapacitated, die, retire or close your practice.

Not yet confirmed: Ask the board, your malpractice carrier and payers about a safe retention period.

Ethics Code B.4 (Rule 255-X-11, Attachment 1)

Your board doesn't require a complaint notice that we could find.

• The board takes complaints at abec.alabama.gov/complaints.

Not yet confirmed: Check with the board if you want to be sure.

Rule 255-X-8-.03

Get informed consent in language clients can understand, and document it.

• Tell clients about treatment processes and procedures and the risks and benefits of treatments without generally recognized standards.
• For minors or those unable to consent, get permission from a legally authorized person. Get written consent before video or audio recording.
• For teletherapy, document consent before therapy starts, covering structure and timing, record keeping, privacy, risks, confidentiality, mandatory reporting, billing, your credentials and location, and how to report complaints to the licensing board.

Rule 536-X-8-.01(2) and 536-X-8-.10(5)

Keep adequate clinical and financial records, and store and dispose of them confidentially.

• Arrange for storage or transfer of records if you move, close or die.
• For teletherapy, keep copies of written client communications (emails, texts, chats) and have a retention plan if you're incapacitated or die.
• Clients may access their records, with limited exceptions.

Not yet confirmed: We found no required retention period. Check with the board.

Rule 536-X-8-.02 and 536-X-8-.10(17)

For teletherapy, include your licensure qualifications and how to report complaints to the licensing board in your informed consent.

• Also give clients clear ways to register complaints, including how to file with the state board.
• The board accepts only written, non-anonymous complaints.

Not yet confirmed: We found no such notice rule for in-person care. Check with the board.

Rule 536-X-8-.10(5)(e)3 and (f)3, 536-X-10-.01

Tell clients fully about the limits of confidentiality, why information is collected and how it may be used.

• Get informed consent before taping, recording or allowing third-party observation.
• Protect information sent by email, fax, phone, voicemail and social media.

Not yet confirmed: No required content list for a general informed consent or disclosure statement was found. Check with the board.

Rule 850-X-9-.01(2)(c)

Keep timely, accurate records for at least 3 years after the last date of service.

• Include problems, treatment plans, scope of services, and dates and content of client contacts.
• Keep them secure. Don't release identifying records without written consent, a court order, a legal requirement or a board subpoena.
• Give clients reasonable access to their records.

Not yet confirmed: Rules for minors' records weren't found. Check with the board.

Rule 850-X-9-.01(2)(c)3–4

Your board doesn't require a complaint notice that we could find.

Not yet confirmed: Check with the board.

Get informed consent to therapy under APA Standards 3.10 and 10.01.

• Explain the nature and anticipated course of therapy, fees, involvement of third parties and limits of confidentiality, and give a chance to ask questions.
• Get permission before recording.

Not yet confirmed: The board hasn't listed its own required disclosure statement content. Check with the board.

Rule 750-X-6-.02

Alabama sets no retention period for psychologists that we could find. Follow the APA Record Keeping Guidelines.

• The board hasn't adopted specific rules on record content.
• APA Standard 6 requires you to create, maintain, disclose and dispose of records in line with law and the Code.

Not yet confirmed: Ask the board, your malpractice carrier and payers for a retention period.

Your board doesn't require a complaint notice that we could find.

• The board investigates complaints under its Procedures for Complaints Against Licensees.

Not yet confirmed: Check with the board if you want to be sure.

Rule 750-X-5-.03