How to start a private practice in Florida

Put "licensed mental health counselor" or "LMHC" on all promotional materials that name you.

• That includes cards, brochures, stationery, ads and signs.
• Display your license, or a true copy, at each location where you practice.
• "Mental health counselor," "mental health therapist" and "mental health consultant" are also protected titles for active LMHCs only.
• A license number isn't required in ads in the sources we found.

s. 491.0149(1), 491.012, F.S., and Rule 64B4-5.005, F.A.C.

Keep ads truthful, and never guarantee that treatment will have beneficial results.

• Advertise and practice only under your own name.
• Any ad for a free, discounted or reduced-fee service must include the statement required by s. 456.062.
• Use "sex therapist" only if you complete the extra training in Rule 64B4-7.004.
• Misleading, deceptive or fraudulent representations are grounds for discipline.

Not yet confirmed: We found no specific ban on testimonials or the word "specialist." Check with the board, or read s. 456.072 and Rule 64B4-5.001 before using either.

s. 491.009(1)(d)-(e), 456.072(1)(m), 456.062, F.S., Rule 64B4-5.005(2)(k), F.A.C.

Put "licensed marriage and family therapist" or "LMFT" on all promotional materials that name you.

• This covers cards, brochures, stationery, ads and signs.
• Display your license, or a true copy, at each place you practice.
• Use the title only while your license is valid and active. A license number isn't required in ads under what was found.

Not yet confirmed: The rule number for the ad requirement wasn't confirmed. Check with the board.

s. 491.0149(1), F.S. and s. 491.012

Keep ads accurate, and don't guarantee results or advertise under a name other than your own.

• False, deceptive or misleading advertising is a discipline ground. So is taking a fee on a claim that good results are guaranteed.
• Chapter 456 also bars misleading, deceptive or fraudulent representations.
• Any ad for free, discounted or reduced-fee services must carry the statement required by s. 456.062.

Not yet confirmed: No specific ban on testimonials or rule on "specialist" claims for LMFTs was found. Check with the board before using them.

s. 491.009(1), 456.072(1)(a), 456.062, F.S.

Use "licensed clinical social worker" or "LCSW" on all promotional materials that name you.

• That covers cards, brochures, stationery, ads and signs. Any ad naming you must identify the type of license you hold.
• Only licensed people may use "licensed clinical social worker," "clinical social worker," "licensed social worker," "psychiatric social worker" or "psychosocial worker."
• Interns must use "registered clinical social worker intern."
• A license number isn't required in the sources we found.

s. 491.0149(1)(b)1. and s. 491.012(1)(a), (l), F.S., Rule 64B4-5.001, F.A.C.

Keep ads honest, and never guarantee that treatment will work.

• No false, deceptive or misleading advertising, and no advertising under a name other than your own.
• No soliciting clients through fraud, intimidation, undue influence or overreaching.
• Free, discounted or reduced-fee ads must carry the all-caps statement about the patient's right to refuse to pay or be reimbursed within 72 hours of responding to the ad.
• Only people licensed under Ch. 490 or 491 (or certain psychiatric APRNs) may use "psychotherapist," "sex therapist" or "juvenile sexual offender therapist."

Not yet confirmed: We found no specific ban on testimonials or the word "specialist." Check with the board before using either.

s. 491.009(1)(d), (e), (l), (m), s. 456.062, s. 456.072(1)(a), s. 491.012(1)(d), F.S.

Put "licensed psychologist" on all professional ads.

• That covers print, broadcast and phone directory listings you buy or that are bought for you.
• An ad that names you must identify your license type.
• Only licensed people may use titles with "psychology," "psychological" or "psychodiagnostic."

Not yet confirmed: A license number isn't required in ads in the sources we found. Check with the board.

s. 490.012(2)(b), F.S., and Rule 64B19-17.002, F.A.C.

Keep ads truthful, and never guarantee beneficial results from treatment.

• Advertise and practice only under your own name.
• Don't call yourself a "certified psychology specialist," "board-certified psychology specialist" or "psychology diplomate" unless an approved certifying body has formally recognized you.
• You may say your practice is limited to certain services if that's accurate.
• Ads for free, discounted or reduced-fee services must carry the capitalized 72-hour refund and cancellation statement in s. 456.062.

Not yet confirmed: We found no specific rule on testimonials, though one could still count as misleading advertising. Check with the board.

s. 490.009(1)(d)-(e), 490.0149(2) and (4), 456.062, F.S.

Keep a signed consent in every client file.

• The board has disciplined a counselor for records with no consent form, session dates, treatment plan or financial record.
• Read Rule 64B4-9.002 for the minimum record content.
• Confidentiality and release rules are in s. 491.0147 and Rule 64B4-9.001.

Not yet confirmed: We found no rule or statute that sets required contents for informed consent or a disclosure statement. Check with the board.

Rule 64B4-9.002(2), F.A.C.

Keep a full record of services for 7 years after your last contact with the client.

• The rule gives no separate period for minors. Many therapists keep minors' records longer, which is best practice, not a board rule.
• If you close or move, publish a newspaper notice once a week for 4 consecutive weeks and keep records at least 2 years after. If you die, records must be kept at least 2 years.
• Records stay confidential unless the law allows release or the client signs a written authorization.

Rule 64B4-9.001, F.A.C., and s. 491.0148, F.S.

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

Not yet confirmed: This isn't a confirmed "no," because we couldn't open all of Chapter 456 and Rule 64B4-9.002. Check with the board.

Your board doesn't require a written informed consent or disclosure statement for LMFTs that we could find, but cover confidentiality with clients.

• Communications are confidential. Waiver needs the client's written agreement, and in family therapy each family member must agree in writing.
• Confidentiality can be waived if you are a party in a civil, criminal or disciplinary case from the client's complaint.
• You may warn a potential victim of a specific threat of serious bodily injury or death.
• Releasing records needs a signed authorization.

Not yet confirmed: Check with the board about any required consent form.

s. 491.0147, F.S. and Rule 64B4-9.001(1)

Keep a full record of services for 7 years after your last contact with the client.

• If you close or move your practice, publish a notice in the largest local newspaper once a week for 4 weeks, and keep records 2 years after closing.
• If you die, records must be kept at least 2 years.
• Records stay confidential unless the law allows release or the client signs a written authorization.

Not yet confirmed: The rule sets no different period for minors that we could find. Check with the board.

Rule 64B4-9.001, F.A.C. and s. 491.0148

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

Not yet confirmed: Check with the board.

Document the client's consent to all aspects of treatment in the record.

• Get full, informed, written consent before any treatment that would count as experimentation on human subjects.
• Don't release client information without written, signed authorization, except as the law allows.
• Telehealth providers are also covered by s. 456.47.

Not yet confirmed: We found no required disclosure statement or consent checklist, and didn't review the telehealth consent terms. Check with the board.

Rule 64B4-9.002(2), F.A.C., s. 491.009(1)(q), F.S., Rule 64B4-9.001(1)

Keep a full record of services for 7 years after the last contact with the client.

• If you close or relocate, publish a notice in the largest local newspaper once a week for 4 consecutive weeks with an address where records are available, and keep records 2 years after closing. If you die, records must be kept at least 2 years.
• Records are confidential unless the law allows release or the client signs a written authorization.
• Include name, address, phone, session dates, treatment plan and results, diagnosis, fees, documentation of consent, signed releases, legal forms and contacts with other professionals.

Not yet confirmed: The rule gives no separate period for minors. Check s. 456.057, F.S., and the board.

Rule 64B4-9.001 and 64B4-9.002(2), F.A.C.

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

• You must display your license conspicuously.

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

s. 491.0149(1)(a), F.S.

Get written informed consent for all services, including assessment and therapy, and document it in the record.

• Tell clients the limits of confidentiality and get a written statement from them acknowledging those limits.
• Get written informed consent to all testing and evaluation steps. For third-party evaluations, explain the limits of confidentiality and document that the person understood.
• Minors and legally incapacitated people can't give informed consent, so use the legal guardian.
• A provisional licensee must state on the form that they work under supervision and name the supervisor.

Not yet confirmed: For videoconferencing test instruments (Rule 64B19-18.004), give a disclosure about effects on how third parties view results. The board gave no required disclosure list beyond these rules.

Rule 64B19-19.0025 and 19.006, F.A.C., s. 490.0051, F.S.

Keep complete records at least 3 years after planned services end or last contact, whichever is later.

• Then keep the full records or a summary for 4 more years, 7 years total.
• If you close or move, publish a newspaper notice weekly for 4 weeks. After a psychologist's death, the estate keeps records at least 2 years and 2 months.
• Records must meet the content standards in Rule 64B19-19.0025.

Not yet confirmed: We found no separate rule for minors. The 30-day copy deadline (Rule 64B19-19.005) comes from a secondary summary. Check both with the board.

Rule 64B19-19.003(3), 19.004, F.A.C., and s. 490.0148, F.S.

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

• You must display your valid, active license at each practice location.

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

s. 490.012(2)(a), F.S.