How to start a private practice in Georgia

Use your exact licensed title, such as Licensed Professional Counselor, and don't use an academic degree as a credential in a misleading way.

Not yet confirmed: We found no rule on which title, credential or license number ads must show. Check with the board and O.C.G.A. Title 43, Chapter 10A.

Rule 135-7-.07(2)(b)

Use professional, not commercial, standards, and keep every public statement accurate.

• Don't misrepresent your competence, education, training or experience, or knowingly leave others' misstatements uncorrected.
• Don't make false, partial, out-of-context or deceptive statements about your services.
• Don't make claims or guarantees that promise more than you can deliver.
• Don't pay or accept a fee for a referral, or use an institutional affiliation to solicit clients for your private practice.

Not yet confirmed: The rule text doesn't mention testimonials or "specialist." Be careful with both, since misleading or out-of-context statements are barred, and check with the board.

Rule 135-7-.07 and 135-7-.02(2)(g)-(h)

Use the title "Marriage and Family Therapist" only if you hold the license.

• Don't use words or titles that imply you're licensed if you're not.

Not yet confirmed: No rule requiring a license number or specific credential format in ads was found. Check with the board.

Rule 135-10-.01, 135-10-.02

Keep ads professional and accurate, and don't make claims or guarantees that promise more than you can deliver.

• Don't misrepresent your competence, education, training or experience, or leave others' misstatements uncorrected.
• Don't use an academic degree as a credential in a misleading way.
• Don't give false, partial, out-of-context or deceptive information about your services, or leave inaccurate information others post uncorrected.
• A business may not use licensed-title words if its practicing staff are unlicensed.

Not yet confirmed: No rule names testimonials or "specialist," though 135-7-.07(2)(c) and (d) would still reach a misleading one. Check with the board.

Rule 135-7-.07 and 135-10-.03, .05

Use the title "Clinical Social Worker" only if you hold that license, and display your license in a conspicuous place in your office.

• Unlicensed people, and businesses that employ them, can't use licensed titles.

Not yet confirmed: We found no rule saying which credential or license number must appear in ads or on websites. Check with the board.

Rules 135-10-.01, 135-10-.02, 135-10-.05 and 135-6-.01

Use professional, not commercial, standards, and give only accurate information about your services.

• Don't misrepresent your competence, education, training or experience, or leave others' misrepresentations uncorrected.
• Don't use a degree as a credential in a misleading way.
• Don't give false, partial, out-of-context or deceptive information about your services.
• Don't make claims or guarantees that promise more than you can realistically provide.

Not yet confirmed: The rule doesn't mention testimonials or "specialist." We read it on a Justia copy (current through March 2024), so confirm it on rules.sos.ga.gov and check with the board.

Rule 135-7-.07 and 135-7-.02(2)(b)

Use the title "psychologist" only with a current Georgia license.

• Non-licensees can't use words or titles implying they're licensed or are psychologists.

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

Rule 510-7-.03(1) and 510-10-.01

Keep every public statement, paid or unpaid, free of anything false or deceptive.

• That covers ads, brochures, directory listings and CVs.
• Don't solicit testimonials from current therapy clients or others open to undue influence.
• Don't pay media staff for publicity in a news item. A paid ad must be clearly identified as an ad.

Not yet confirmed: We didn't confirm specific rules on "specialist" claims or guarantees. Read section 5 of Rule 510-4-.02 in full or ask the board.

Rule 510-4-.02 (Ethics Code 5.01 and 5.05)

Get informed consent from every client, and don't start treatment until they understand and agree with the goals.

• Tell clients about fees in advance, and before acting on unpaid fees, tell them and give a chance to settle.
• Give prompt notice of an expected end or interruption of services and help with alternatives.
• Before a client releases information, describe what will be shared and with whom.
• Get written informed consent before recording sessions or allowing observation.

Not yet confirmed: We found no required content list for a consent or disclosure statement. Telehealth has its own rule chapter we didn't review. Check with the board.

Rule 135-7-.01(1)-(2) and 135-7-.03(2)

Store and dispose of client records in a way that keeps them confidential.

• A common safe practice is to keep adult records at least 10 years and minors' longer, but that isn't a board rule we could confirm.
• The 7-year periods in Rule 510-5-.04 are for psychologists and don't apply to LPCs.

Not yet confirmed: We found no retention period for counselor records, and didn't verify whether the physician rule (O.C.G.A. 31-33-2) applies. Ask the board, your malpractice carrier and payers.

Rule 135-7-.03(2)(c)

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

• Anyone may file a written complaint with the board. The Secretary of State site also lists an online option.
• Adding the board's contact information to your disclosure statement is optional good practice.

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

Rule 135-8-.01

Get informed consent, and skipping any of these items is unprofessional conduct.

• Tell the client about third-party payer terms that could affect treatment, foreseeable negative consequences for clear risks, and accepted treatment alternatives.
• Tell the client any fee in advance, and warn them before acting on unpaid fees.
• Give prompt notice and referral help if service will end or pause.
• Get written consent before recording sessions or allowing third-party observation. For telemental health, get verbal and written consent and disclose third-party vendors.

Not yet confirmed: Only part of the rule text was seen, so verify each item. No specific "professional disclosure statement" form is required.

Rule 135-7-.01(2)(e)–(j), 135-7-.03(2)(b), 135-11-.01

Your board doesn't set a retention period for LMFT records that we could find.

• Store and dispose of records in a way that protects confidentiality.
• Don't rely on the 7-year adult standard you may see online. That comes from the psychologists' board.

Not yet confirmed: Check HIPAA, your malpractice carrier and the board before you set a retention policy.

Rule 135-7-.03

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

Not yet confirmed: Check with the board.

Make reasonable efforts to respect clients' rights, including getting informed consent.

• Keep all information confidential from the first professional contact.
• Before releasing information with consent, tell the client what will be revealed and to whom. Consent comes from the competent adult, or the legal custodian for a minor or incapacitated adult.
• Get written informed consent before recording sessions or allowing third-party observation.
• Exceptions: required by law, a lawsuit or disciplinary action involving you, clear and imminent danger, and consultation or supervision.

Not yet confirmed: The rules don't list required contents for a consent or disclosure statement. Check with the board.

Rules 135-7-.01(1) and 135-7-.03(1)-(2)

Georgia has no retention period for client records that we could find. Store and dispose of records in a way that protects confidentiality.

• Don't rely on the Georgia Archives schedule. It applies to local government agencies, not private practice.
• Also check HIPAA, your malpractice carrier and other Georgia law.

Not yet confirmed: Ask the board.

Rule 135-7-.03(2)(c)

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

• Any person may file a complaint by sending a written statement to the board. The rule lists 237 Coliseum Drive, Macon, Georgia 31217.

Not yet confirmed: Confirm the current address and online complaint process on the board's website before putting it in a handout.

Rule 135-8-.01

Get informed consent in plain language the client can understand, and document it in the record.

• For people who can't legally consent: explain, seek their assent, consider their wishes, and get permission from a legally authorized person.
• Discuss confidentiality and its limits at the outset and again as needed. Get permission before recording voices or images.
• For new or unproven treatments, tell clients about the developing nature, risks, alternatives, and that participation is voluntary.
• Telepsychology: get documented written consent covering technology use, boundaries, message response, billing and added confidentiality risks.

Not yet confirmed: We found no board-mandated written disclosure statement form.

Rule 510-4-.02 (Ethics Code 3.10, 4.02, 4.03) and 510-5-.07, 510-5-.04(1)(a)5

Follow any other federal, state or local law first. If none applies, keep adult records 7 years after the last date of service.

• For a minor: until 3 years after the age of majority or 7 years after the last service, whichever is later.
• Records must include informed consent or assent, releases, and any mandated disclosure such as a child abuse report.
• Store and dispose of records so they stay confidential. HIPAA and payer rules may require longer.

Rule 510-5-.04

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

• The board's FAQ says anyone may file a complaint by phone at 404-424-9966 or through the form on its website.

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