How to start a private practice in Idaho

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

• Representing yourself as one without a license is a misdemeanor.
• Registered interns must identify themselves as interns in documentation and advertising.
• The disclosure you give clients must show your license number.

Not yet confirmed: We found no rule that requires a license number in ads or on websites. Check with the board.

Idaho Code 54-3408(2) and IDAPA 24.15.01.200.02.a

Follow the ACA Code of Ethics on advertising, which Idaho adopts by rule.

• Identify your credentials accurately, with nothing false, misleading, deceptive or fraudulent.
• Don't solicit testimonials from current or former clients or others vulnerable to undue influence. Discuss implications and get permission before using one.
• Make reasonable efforts to make sure others' statements about you are accurate, and don't use your job or institutional affiliation to recruit clients for your private practice.
• Limit claims in new specialty areas to those you're trained for.

Not yet confirmed: The ACA Code doesn't ban the word "specialist" by name. Violating a board rule is grounds for discipline and a misdemeanor.

IDAPA 24.15.01.200.01, ACA C.2.b and C.3.a-e, Idaho Code 54-3407(5)

Use your exact title, Licensed Marriage and Family Therapist (LMFT), or Licensed Associate Marriage and Family Therapist if you're still an associate.

• Representing yourself as one without a license is a misdemeanor.
• Registered interns must identify themselves as interns in documentation and advertising.
• Your client disclosure must show your license number. No rule requires it in ads.

Idaho Code 54-3408(2) and IDAPA 24.15.01.200.02.a

Follow the adopted AAMFT Code of Ethics, which generally bars false or misleading advertising.

• Violating board rules is grounds for discipline and a misdemeanor.

Not yet confirmed: The Code text couldn't be opened, so what it says on advertising isn't confirmed. Read the current AAMFT Code and check with the board.

IDAPA 24.15.01.200.01 and Idaho Code 54-3407(5), 54-3408(1)

Use "Licensed Clinical Social Worker" (LCSW), and only while licensed.

• Only a clinical license may do psychotherapy independently. Master-level non-clinical workers may do it only under supervision.
• Continuing to represent yourself as licensed after expiration is unprofessional conduct.

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

Idaho Code 54-3202 and 54-3211(5), IDAPA 24.14.01.200.02

Never disseminate a fraudulent or deceptive advertisement.

• Give clients accurate and complete information about the extent and nature of services.
• Represent yourself only within your education, training, licensure level, supervision and experience.
• Don't split fees or give or accept anything of value for a referral.
• Fraud or deceit in connection with services is unprofessional conduct.

Not yet confirmed: The rules we read don't mention testimonials or "specialist." Check with the board.

IDAPA 24.14.01.200.04.n, .d, .c and 200.05.a, Idaho Code 54-3211(3)

Use "psychologist" or any title with "psychological," "psychologist" or "psychology" only if you're licensed.

• Practicing or offering to practice without a license is a misdemeanor, with a fine up to $1,000 or up to 6 months in jail.

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

Idaho Code 54-2302(8) and 54-2310

Follow APA Standard 5 on advertising, which Idaho adopts by rule.

• No false, deceptive or fraudulent statements about your training, experience, credentials, fees or services.
• Don't solicit testimonials from current therapy clients or others vulnerable to undue influence.
• Unethical conduct under APA standards is grounds for discipline.

Not yet confirmed: We know these standards from the APA Code but didn't re-open its text. Idaho's rule has no separate advertising section.

IDAPA 24.12.01.002, APA Standard 5.05, Idaho Code 54-2309(5)

Give each client a written disclosure, and have both of you document receipt.

• Include your name, license type and number, business address and phone, plus your supervisor's name and a supervision statement if you're an intern.
• Cover purposes, goals, techniques, procedures, limitations, risks and benefits, and the extent and limits of confidentiality.
• Cover the client's rights to take part in treatment decisions, seek a second opinion, file a complaint without retaliation, and refuse treatment.
• Include fees, billing and cancellation policy, a statement that the Board regulates your practice with its phone and address, and a statement that sexual intimacy with a client is never appropriate and should be reported to the Board.

Idaho Code 54-3410A and IDAPA 24.15.01.200.03

Your board sets no retention period that we could find, so ask before you destroy records.

• The ACA Code says to keep records as federal and state laws and licensure rules require, destroy them in a way that protects confidentiality, and think carefully before destroying records a court might need, like notes on child abuse or suicide.
• Ask your malpractice carrier and payers about a safe period.

Not yet confirmed: We found no required period in IDAPA 24.15.01 or Idaho Code 54-3401 and following. Ask the board.

ACA B.6.h

Put a statement that the Board regulates your practice, with its phone and address, in your written disclosure, along with the client's right to file a complaint without retaliation.

• Say sexual intimacy with a client should be reported to the Board.
• Board contact: Division of Occupational and Professional Licenses, 11341 W Chinden Blvd, Bldg 4, Boise, ID 83714, (208) 334-3233.
• It goes in the informed consent and disclosure document each client receives and signs.

IDAPA 24.15.01.200.03

Give each client a written disclosure and have both of you document receipt.

• Include your name, license type, license number, business address and phone. If supervised, add your supervisor's name and contact info and a statement that you practice under supervision.
• Cover purposes, goals, techniques, procedures, limitations, risks and benefits, plus confidentiality and its limits.
• Cover the client's rights to take part in decisions, get a second opinion, complain without retaliation, and refuse treatment.
• Add fees, billing and cancellation policy, a statement that the Board regulates you with its phone and address, and that sexual intimacy with a client is never appropriate and should be reported.

Idaho Code 54-3410A and IDAPA 24.15.01.200.03

Your board doesn't set a record retention period that we could find.

• The AAMFT Code covers record keeping.

Not yet confirmed: The Code text couldn't be opened. Ask the board, your malpractice carrier and payers about a safe retention period.

Put the Board's phone number and address and the client's right to complain in your signed disclosure document.

• Say the Board regulates your practice, that clients may file a complaint without retaliation, and that sexual intimacy with a client should be reported.
• Board address and phone: Division of Occupational and Professional Licenses, 11341 W Chinden Blvd, Bldg 4, Boise, ID 83714, (208) 334-3233.

IDAPA 24.15.01.200.03

Get the client's informed consent before taping, recording or allowing third-party observation.

• Get informed written consent for research.

Not yet confirmed: We found no rule listing required content for a general consent or disclosure statement. Check with the board.

IDAPA 24.14.01.200.04.k and .j

Idaho has no retention period or required record contents that we could find. Safeguard the information clients give you.

• Document in case records the rationale for any dual or multiple relationship before it starts, when feasible.

Not yet confirmed: Ask the board, your malpractice carrier and payers.

IDAPA 24.14.01.200.04.l and .o

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

• You must report another licensee's violations of board law or rules to the Board. DOPL accepts complaints through its online services.

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

IDAPA 24.14.01.200.04.m

Follow APA Standards 3.10 and 10.01 on informed consent.

• Explain the nature and course of therapy, fees, third-party involvement, and limits of confidentiality, and give a chance to ask questions.
• Get permission before recording.
• Psychologist-client communications are privileged.

Not yet confirmed: Idaho's rules don't list required disclosure content. Check with the board for anything more specific.

IDAPA 24.12.01.002 and Idaho Code 54-2314

Your board has no general records retention rule that we could find.

• Keep supervision agreements for service extenders at least 3 years.
• The adopted APA Ethics Code (Standard 6) requires you to create, maintain and dispose of records in line with law and the Code.

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

IDAPA 24.12.01.100.04.b and 200.05.e.iv

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

• DOPL accepts complaints against licensees through its online services.

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