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Rules checked October 23, 2026 · by Dr. Emily Turinas, PhD

How to start a private practice in Delaware

The steps are the same everywhere. Delaware's rules are what change: your board, your entity, your ads, your paperwork. Here they are for counselors, marriage and family therapists, clinical social workers, and psychologists, each linked to the official source.

Business education, not legal, tax, or clinical advice. Confirm each rule at the linked source before you rely on it.

Show rules for:
Usual entityAn LLC or a professional corporation, depending on your license
Yearly state filing$400 annual LLC tax (raised from $300 for tax year 2026; no report to file)
Recording sessionsAll-party consent state; get written consent either way
AI note toolsNo Delaware-specific AI note law found as of October 23, 2026
MinorsA minor 14 or older can agree to outpatient therapy on their own.

By license

Starting a private practice in Delaware, by license

Find your license for its Delaware title, board, and what associates should know. The full rules for every license follow below, each linked to the official source.

Counselors · LPCMH

Starting a private practice in Delaware as an LPCMH

License: Licensed Professional Counselor of Mental Health (LPCMH). Board: Delaware Board of Mental Health and Chemical Dependency Professionals (Division of Professional Regulation).

  • Title in ads: Use your protected title, "Licensed Professional Counselor of Mental Health" (LPCMH).
  • Continuing education: Earn 40 CE hours per licensure period.
  • Renewal: Renew online every 2 years, on September 30 of even-numbered years.
Before full licensure: Licensed Associate Counselor of Mental Health (LACMH)

Our research didn't find a Delaware board rule on this level's ads or private practice. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 23, 2026 · Official board site · Ad rules · Consent and records

MFTs · LMFT

Starting a private practice in Delaware as an LMFT

License: Licensed Marriage and Family Therapist (LMFT). Board: Delaware Board of Mental Health and Chemical Dependency Professionals (Division of Professional Regulation, Delaware Department of State).

  • Title in ads: Use "Licensed Marriage and Family Therapist" or "LMFT" only while your license is active.
  • Continuing education: Earn 40 CE hours per 2-year renewal period.
  • Renewal: Renew online every 2 years, on September 30 of even-numbered years.
Before full licensure: Licensed Associate Marriage and Family Therapist (LAMFT)

That's what the board rules we checked say about this level. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 23, 2026 · Official board site · Ad rules · Consent and records

Social workers · LCSW

Starting a private practice in Delaware as an LCSW

License: Licensed Clinical Social Worker (LCSW). Board: Delaware Board of Social Work Examiners (Division of Professional Regulation, Delaware Department of State).

  • Title in ads: Use "Licensed Clinical Social Worker" or "LCSW" only while your license is active.
  • Continuing education: 40 hours every renewal period.
  • Renewal: Renew every 2 years, by January 31 of odd-numbered years.
Before full licensure: Licensed Master Social Worker (LMSW)

That's what the board rules we checked say about this level. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 23, 2026 · Official board site · Ad rules · Consent and records

Psychologists

Starting a private practice in Delaware as a psychologist

License: Psychologist. Board: Delaware Board of Examiners of Psychologists, Division of Professional Regulation, Delaware Department of State.

  • Title in ads: Use "psychologist" only if you're licensed. If you use a psychological assistant, name yourself as the responsible psychologist in ads and billing.
  • Continuing education: 40 hours every 2 years, with at least 10 face to face or live webinar.
  • Renewal: Renew online through DELPROS by July 31 of odd-numbered years.
If you're not fully licensed yet

Our research didn't find a Delaware board rule on this level's ads or private practice. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 23, 2026 · Official board site · Ad rules · Consent and records

Licensing

Your licensing board in Delaware

Read your board's rules before you name your practice or write your website.

LicenseBoardContinuing educationRenewal
CounselorsDelaware Board of Mental Health and Chemical Dependency Professionals (Division of Professional Regulation)Earn 40 CE hours per licensure period.Renew online every 2 years, on September 30 of even-numbered years.
Marriage and family therapistsDelaware Board of Mental Health and Chemical Dependency Professionals (Division of Professional Regulation, Delaware Department of State)Earn 40 CE hours per 2-year renewal period.Renew online every 2 years, on September 30 of even-numbered years.
Clinical social workersDelaware Board of Social Work Examiners (Division of Professional Regulation, Delaware Department of State)40 hours every renewal period.Renew every 2 years, by January 31 of odd-numbered years.
PsychologistsDelaware Board of Examiners of Psychologists, Division of Professional Regulation, Delaware Department of State40 hours every 2 years, with at least 10 face to face or live webinar.Renew online through DELPROS by July 31 of odd-numbered years.

Advertising

Advertising rules for therapists in Delaware

Every ad counts: your website, directory profiles, business cards, and often your bills.

Counselors

Your title

Use your protected title, "Licensed Professional Counselor of Mental Health" (LPCMH).

  • Only licensees may use it or any words or letters implying licensure.

Not yet confirmed: No license number requirement was found. House Bill 447 (2024) would require ads naming a practitioner to show the license type, but it wasn't confirmed as law. Check with the board.

24 Del. C. § 3030

What you can't say

Your board has no advertising rule that we could find, but you must follow the NBCC Code of Ethics.

  • A violation of the Code is grounds for discipline.
  • Don't imply licensure if you're not licensed.

Not yet confirmed: The Code's advertising text wasn't retrieved, so read it for testimonials, "specialist" and guarantees. HB 447, if enacted, would bar deceptive ads. That wasn't confirmed.

24 Del. Admin. Code 3000-2.7 and 24 Del. C. § 3030

Marriage and family therapists

Your title

Use "Licensed Marriage and Family Therapist" or "LMFT" only while your license is active.

  • Only licensed people may use the words or any letters implying a license.

Not yet confirmed: No specific ad wording or required license number display was found. Check with the board.

24 Del. C. § 3050

What you can't say

Your board has no ad-specific rule for LMFTs that we could find, but you must follow the AAMFT Code of Ethics.

  • Violating the Code is grounds for discipline.
  • Unlicensed people can't use LMFT or LAMFT titles.

Not yet confirmed: The Code's advertising standards weren't read, so read them for testimonials and claims. No Delaware rule on "specialist" or guarantees was found.

24 Del. Admin. Code 3000-5.3 and 24 Del. C. § 3050

Clinical social workers

Your title

Use "Licensed Clinical Social Worker" or "LCSW" only while your license is active.

  • Don't use any title that suggests you can practice clinical social work without a license.
  • Your Delaware license number appears in the Division's license lookup.

Not yet confirmed: We found no rule on which title or license number ads must show. Check with the board.

24 Del.C. Ch. 39

What you can't say

Keep ads accurate about your credentials and services, with no misrepresentation.

  • Misleading ads can be charged as unprofessional conduct under Delaware's general professional regulation law.

Not yet confirmed: That wording is from older versions of the rule, and we couldn't open the current Section 9.0 to confirm it still applies. We found no rule on testimonials, "specialist" claims or guarantees. Check with the board.

24 DE Admin. Code 3900, former Rule 9.3.8

Psychologists

Your title

Use "psychologist" only if you're licensed. If you use a psychological assistant, name yourself as the responsible psychologist in ads and billing.

  • Say the service is given by a psychological assistant.

Not yet confirmed: We found no rule setting an exact title or requiring a license number in ads. Check with the board.

24 Del. C. Ch. 35, Subchapter II, 24 Del. Admin. Code 3500-9.3

What you can't say

Follow the APA Ethics Code, which the board enforces in place of a stand-alone advertising rule.

  • APA Standard 5.01 bars false or deceptive public statements.
  • APA Standard 5.05 bars soliciting testimonials from current therapy clients or others open to undue influence.
  • A 2026 bill (SS 1 for SB 208) proposes changes to Ch. 35 and 3514.

Not yet confirmed: The board's site doesn't mention "specialist" claims or guarantees, and we didn't confirm the bill's status. Check the current APA code and the board.

24 Del. C. 3514(a)(5)

Your business

Forming your practice in Delaware

Delaware has no separate PLLC, and whether you can use a regular LLC or need a professional corporation (PC) depends on your licence. Ask your licensing board which entity is allowed before you file, and consider a short call with a local attorney or CPA.

Delaware's flat annual LLC tax rose to $400 starting with tax year 2026 (House Bill 400). Missing it adds a $200 penalty.

Then get your free EIN, open a business bank account, and get your free NPI. More in do therapists need a PLLC or LLC?

WhatDelaware
Usual entityLLC or a professional corporation, depending on your license
Yearly state filing$400 annual LLC tax (raised from $300 for tax year 2026; no report to file)
When it's dueJune 1 each year
Where to filecorp.delaware.gov/paytaxes

Paperwork

Informed consent and records in Delaware

What your intake paperwork must cover, and how long to keep records. For the full form, see informed consent for therapy and the Good Faith Estimate guide.

Counselors

Informed consent

Your board doesn't list required informed consent or disclosure content that we could find.

  • You must follow the NBCC Code of Ethics, which has its own informed consent standards.

Not yet confirmed: The Code's text wasn't retrieved. Check with the board.

24 Del. Admin. Code 3000-2.7

Records

Your board doesn't state a record retention period for LPCMHs that we could find.

Not yet confirmed: Check with the board and your malpractice carrier. HIPAA and other laws may also apply.

Complaints

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

Not yet confirmed: The NBCC Code is incorporated by 3000-2.7 and its text wasn't reviewed. Check with the board.

Marriage and family therapists

Informed consent

Your board doesn't list required informed consent content for LMFTs that we could find.

  • The AAMFT Code of Ethics, adopted by Reg 5.3, has informed consent standards.
  • An older version of the regulations said to use secure communications when feasible and document consent for non-secure ones.

Not yet confirmed: The AAMFT standards weren't read here, and the current number of the secure communications rule wasn't checked. Check with the board.

24 Del. Admin. Code 3000-5.3

Records

Your board doesn't state a record retention period for LMFTs that we could find.

  • The AAMFT Code of Ethics, adopted by Reg 5.3, also covers records.

Not yet confirmed: No separate rule for minors was found. Check with the board and your malpractice insurer.

24 Del. Admin. Code 3000-5.3

Complaints

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

  • A disciplinary complaint starts with a written complaint to the Director of the Division of Professional Regulation.

Not yet confirmed: That text was seen in older versions and the current section number wasn't confirmed.

24 Del. Admin. Code 3000, Reg 9.1

Clinical social workers

Informed consent

For telehealth, get written informed consent before services, in language the client is likely to understand.

  • If an emergency prevents it, get verbal consent first, then written consent as soon as reasonably possible. It must cover at least telehealth benefits and risks.
  • Document a risk-benefit analysis before telehealth.
  • Supervisees: the older rule required a signed consent naming the supervising LCSW and phone number, with one copy to the record and one to the client.
  • Never disclose client information without written consent. One exception covers communications revealing planning of a violent crime.

Not yet confirmed: We found no general consent checklist for in-person practice and couldn't see the full telehealth list. Check that the supervisee consent still appears in the current rule. Ask the board.

24 DE Admin. Code 3900, Rules 10.7, 10.8 and 9.4.1, 24 Del.C. 3913

Records

Your records retention period isn't confirmed, so check 24 Del.C. 3921 before you dispose of anything.

  • Section 3921 covers treatment records, closing a practice, ending a client relationship, and a licensee's death. Section 3922 covers naming a custodian of records.
  • Also check HIPAA, your insurer contracts and your malpractice carrier.

Not yet confirmed: We couldn't open either section, so we can't state a retention period for adults or minors. Ask the board.

24 Del.C. 3921 and 3922

Complaints

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

  • Complaints against a licensee are filed in writing with the Division of Professional Regulation, which investigates them.

Not yet confirmed: We found no rule on telling clients how to file a complaint. Check with the board before assuming a notice is optional.

24 Del.C. 3914

Psychologists

Informed consent

Get informed consent to therapy that covers the main points of the APA Ethics Code.

  • Cover the nature and expected course of therapy, fees, involvement of third parties, limits of confidentiality, and time for questions.
  • If you use a psychological assistant, the client must sign a consent saying so and that you're ultimately responsible. List your name and phone number. Keep one copy in the chart and give one to the client.

Not yet confirmed: We found no board rule listing disclosure statement items.

APA Standards 3.10 and 10.01, 24 Del. C. 3514(a)(5), 24 Del. Admin. Code 3500-9.2.4

Records

Follow the most recent APA Record Keeping Guidelines, as the board's rule requires.

  • Also check your liability carrier and HIPAA.

Not yet confirmed: The rule gives no year count in the sources we could open, and we didn't confirm separate rules for minors. Check with the board.

24 Del. Admin. Code 3500-11.0

Complaints

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

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

Practice

Telehealth, recording, AI notes, and reporting in Delaware

Telehealth consent

  • Use a written signed consent covering confidentiality, disruption and storage
  • Say how you verify identity and the plan for an in-person emergency
  • List an alternate way to reach each other

Recording

Delaware is an all-party consent state: everyone must agree before a conversation is recorded (11 Del. C. 2402(c)(4), 1335). Whatever the law, get written consent before recording a session or using an AI tool that listens to one.

AI note tools

No state law or board rule specific to AI note tools confirmed as of Oct 2026. Federal HIPAA, state confidentiality law, and board ethics rules still apply.

More in AI scribe consent for therapists.

Your consent should
  • Get consent from everyone in the session before any recording or transcription starts (all-party consent state)
  • Name the AI tool and what it does (drafts notes from a recording, transcript, or the therapist's summary)
  • Say whether the session is recorded or transcribed, and how long any audio, transcript, and AI data is kept before deletion

Reporting abuse

Call the DFS Child Abuse and Neglect Report Line right away at 1-800-292-9582, open 24 hours a day.

  • Report when you know or in good faith suspect abuse or neglect.
  • Calling 911 or police doesn't replace the DFS report.
  • Failure to report can bring a civil penalty of up to $10,000 for a first violation and $50,000 for later ones.

16 Del. C. §§ 903, 904

Seeing minors

In Delaware, a minor 14 or older can agree to outpatient therapy on their own. Custody orders, parent access to records, and medication consent are separate questions, so confirm the details before you see minors.

The order

The order to do it in

The same steps as anywhere, with Delaware's rules above plugged in. The full walk-through, with costs and a timeline, is in how to start a private practice.

Your Delaware checklist, done for youThe free checklist fits every step to your license and Delaware: your board's rules, your entity steps with filing links, and starter intake forms filled in with Delaware's requirements.
Get your Delaware checklist →

Frequently asked questions

Do I need a PLLC to start a private practice in Delaware?

In Delaware, plan on an LLC or a professional corporation, depending on your license. Delaware has no separate PLLC, and whether you can use a regular LLC or need a professional corporation (PC) depends on your licence. A sole proprietorship needs no state filing, but it doesn't separate your business from your personal assets. Check what your licensing board allows before you file.

How many CE hours do therapists need in Delaware?

Counselors: Earn 40 CE hours per licensure period. Marriage and family therapists: Earn 40 CE hours per 2-year renewal period. Clinical social workers: 40 hours every renewal period. Psychologists: 40 hours every 2 years, with at least 10 face to face or live webinar.

How long do I have to keep therapy records in Delaware?

Counselors: Your board doesn't state a record retention period for LPCMHs that we could find. Marriage and family therapists: Your board doesn't state a record retention period for LMFTs that we could find. Clinical social workers: Your records retention period isn't confirmed, so check 24 Del.C. 3921 before you dispose of anything. Psychologists: Follow the most recent APA Record Keeping Guidelines, as the board's rule requires.

Is Delaware a one-party or all-party consent state for recording sessions?

Delaware is an all-party (two-party) consent state: everyone in the conversation must agree to a recording (11 Del. C. 2402(c)(4), 1335). ethics rules and HIPAA mean you should get your client's written consent before recording any session or using an AI note tool that records.

Can an LPCMH open a private practice in Delaware?

The Licensed Professional Counselor of Mental Health (LPCMH) is Delaware's full license for counselors, issued by the Delaware Board of Mental Health and Chemical Dependency Professionals (Division of Professional Regulation). The level before it is Licensed Associate Counselor of Mental Health (LACMH). On your website and ads: use your protected title, "Licensed Professional Counselor of Mental Health" (LPCMH). Then set up your business (in Delaware, usually an LLC or a professional corporation, depending on your license) and confirm with the board that nothing else applies to your setup, such as a separate private-practice approval.

Can an LCSW open a private practice in Delaware?

The Licensed Clinical Social Worker (LCSW) is Delaware's full license for clinical social workers, issued by the Delaware Board of Social Work Examiners (Division of Professional Regulation, Delaware Department of State). The level before it is Licensed Master Social Worker (LMSW). On your website and ads: use "Licensed Clinical Social Worker" or "LCSW" only while your license is active. Then set up your business (in Delaware, usually an LLC or a professional corporation, depending on your license) and confirm with the board that nothing else applies to your setup, such as a separate private-practice approval.

What title do LMFTs use on their website in Delaware?

Use "Licensed Marriage and Family Therapist" or "LMFT" only while your license is active. Only licensed people may use the words or any letters implying a license. Source: 24 Del. C. § 3050.

Can associates see private-pay clients in Delaware?

Delaware's associate and pre-licensed levels include Licensed Associate Counselor of Mental Health (LACMH), Licensed Associate Marriage and Family Therapist (LAMFT), and Licensed Master Social Worker (LMSW). Our research did not confirm whether Delaware lets associates own a practice, bill in their own name, or see private-pay clients outside a supervisor's practice, so confirm with your board and your supervisor before you set one up.

Which board licenses psychologists in Delaware?

The Delaware Board of Examiners of Psychologists, Division of Professional Regulation, Delaware Department of State. Continuing education: 40 hours every 2 years, with at least 10 face to face or live webinar. Renewal: renew online through DELPROS by July 31 of odd-numbered years. Confirm current requirements on the board's site.

Sources

Board rules checked October 23, 2026 from official board, statute, and state filing sites. If something has changed, email [email protected] and we'll update it.

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