How to start a private practice in Maine

Call yourself a "Licensed Clinical Professional Counselor" or "LCPC" in your ads.

• Only licensed or registered people may use counselor titles like "clinical professional counselor."
• Your license number goes in your client disclosure statement.
• Don't overstate your license level or credentials.

Not yet confirmed: The rules don't say your license number must appear in ads. It is required in your disclosure statement. Check with the board if you want to be sure.

32 MRSA 13854(1)

Keep ads accurate, and don't claim or guarantee more than you can deliver.

• State your competence, education, training, experience and license level truthfully.
• No false, misleading, partial or out-of-context statements. Correct errors others make about you.
• Say the highest degree you earned from an accredited school in the counseling field.
• Make sure ads give the public what they need to choose a counselor.

Not yet confirmed: The rules don't mention testimonials or the word "specialist." Avoid both unless the board confirms they are okay.

02-514 Ch. 8-A (Professional Representation)

Call yourself a "Licensed Marriage and Family Therapist" or "LMFT" in your ads.

• Only licensed or registered people may use "marriage and family therapist" or similar titles.
• Your license number goes in your client disclosure statement.
• Don't overstate your license level or credentials.

Not yet confirmed: The rules don't say your license number must appear in ads. It is required in your disclosure statement. Check with the board if you want to be sure.

32 MRSA 13854(1)

Keep ads accurate, and don't claim or guarantee more than you can deliver.

• State your competence, education, training, experience and license level truthfully.
• No false, misleading, partial or out-of-context statements. Correct errors others make about you.
• Say the highest degree you earned from an accredited school in the counseling field.
• Make sure ads give the public what they need to choose a counselor.

Not yet confirmed: The rules don't mention testimonials or the word "specialist." Avoid both unless the board confirms they are okay.

02-514 Ch. 8-A (Professional Representation)

Call yourself a "Licensed Clinical Social Worker" or "LCSW" in your ads.

• Only people licensed by the board may use social worker license titles with the public.
• Don't misstate your license type or qualifications. That counts as fraud or deceit.
• Only an LCSW can do clinical social work in private practice in Maine.

Not yet confirmed: Whether your license number must appear in ads isn't in the rules we found. Check with the board.

32 MRSA 7002 and 02-416 Ch. 16

Keep ads true, and never use false, misleading or deceptive claims.

• Don't misrepresent your license, education or qualifications.
• Don't pay for or accept payment for client referrals.
• The board also enforces the NASW Code of Ethics (2020 revision).

Not yet confirmed: The board's rules don't spell out testimonials, "specialist" or guarantees. Follow the NASW Code and avoid all three unless the board says it's okay.

02-416 Ch. 16(3)

Call yourself a "Licensed Psychologist" in your ads and on your website.

• Only licensed people may use titles with "psychologist," "psychological" or "psychology."
• Students and interns must use titles that show their training status.

Not yet confirmed: Whether your license number must appear in ads isn't in the rules we found. Check with the board.

32 MRSA 3812

Follow the APA Ethics Code on ads, which the board adopts as its rule.

• No false or deceptive statements.
• Don't ask current clients for testimonials.
• No in-person solicitation of people who may be vulnerable.

Not yet confirmed: The board's own rules add nothing beyond the APA Code. Read APA Standard 5 yourself and check with the board on "specialist" and "board certified."

02-415 Ch. 9(1) and Ch. 10

Hand each client a disclosure statement and the client bill of rights in person at the first session.

• The disclosure lists your name, license number, address, phone, hours, license category, degrees and fees.
• It also covers confidentiality limits, your course of counseling, insurance and MaineCare, and sliding scale or pro bono work.
• Confidentiality exceptions to list: serious harm to self or others, abuse or neglect, court order, a client release, and supervisory consultation.
• Get written consent before recording a session or letting someone observe.

02-514 Ch. 8-B and Ch. 8-A

Keep client records at least 5 years after your last contact with the client.

• The rule applies even if the client has died.
• Records must show the counseling, progress, and your contacts with the client and with others about the client. Email counts.
• Store and destroy records in a way that protects confidentiality.
• Other laws (HIPAA, insurers) may require longer.

Not yet confirmed: The rule has no separate rule for minors. Many practices keep minors' records longer. Check with the board.

02-514 Ch. 8-A (Records)

Include the board's complaint statement in your disclosure statement and give clients the bill of rights.

• The rule gives exact wording. It names the Complaint Coordinator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, (207) 624-8660.
• Clients also have the right to file a complaint and to get a copy of the board's Code of Ethics.

Not yet confirmed: The rule text still names the older Office of Licensing and Registration. The agency is now the Office of Professional and Occupational Regulation. Confirm the current address and phone with the board before printing.

02-514 Ch. 8-B

Hand each client a disclosure statement and the client bill of rights in person at the first session.

• The disclosure lists your name, license number, address, phone, hours, license category, degrees and fees.
• It also covers confidentiality limits, your course of counseling, insurance and MaineCare, and sliding scale or pro bono work.
• Confidentiality exceptions to list: serious harm to self or others, abuse or neglect, court order, a client release, and supervisory consultation.
• For couples and family work, Chapter 8-A has its own rule on who gets what information.

Not yet confirmed: Read the couples and family section of Chapter 8-A yourself. It isn't summarized here.

02-514 Ch. 8-B and Ch. 8-A

Keep client records at least 5 years after your last contact with the client.

• The rule applies even if the client has died.
• Records must show the counseling, progress, and your contacts with the client and with others about the client. Email counts.
• Store and destroy records in a way that protects confidentiality.
• Other laws (HIPAA, insurers) may require longer.

Not yet confirmed: The rule has no separate rule for minors. Many practices keep minors' records longer. Check with the board.

02-514 Ch. 8-A (Records)

Include the board's complaint statement in your disclosure statement and give clients the bill of rights.

• The rule gives exact wording. It names the Complaint Coordinator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, (207) 624-8660.
• Clients also have the right to file a complaint and to get a copy of the board's Code of Ethics.

Not yet confirmed: The rule text still names the older Office of Licensing and Registration. The agency is now the Office of Professional and Occupational Regulation. Confirm the current address and phone with the board before printing.

02-514 Ch. 8-B

Get informed consent at the start of treatment, following the NASW Code of Ethics.

• For telehealth: explain confidentiality risks, let clients ask questions and keep a record of what you told them.
• Have a breach-notification policy and share it with clients.
• Know that you have a duty to warn when a client is likely to commit serious violence.

Not yet confirmed: The board has no standalone informed-consent form rule for in-person work. Read NASW Code 1.03 and check with the board.

NASW Code 1.03 (adopted by 02-416 Ch. 16) and Ch. 18

Keep records at least 7 years after your last date of service.

• For a minor: at least 7 years after they turn 18.
• Keep records longer if you learn the client is in litigation until it is resolved.
• Shred paper records and destroy electronic records so they can't be reconstructed.
• The duty continues even if your license ends.

02-416 Ch. 17(2)

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

• Clients may still file a complaint with the Office of Professional and Occupational Regulation.

Not yet confirmed: Ask the board whether it expects you to give clients complaint information. It is a good habit to include the board's contact in your intake paperwork.

Get informed consent before treatment, following the APA Ethics Code the board adopts.

• Cover the nature of services, fees and confidentiality with its limits.
• Explain who will see the records.
• Use words your client understands.

Not yet confirmed: The board has no separate informed-consent rule of its own. Read APA Standard 10.01 and check with the board.

02-415 Ch. 9(1)

Keep full records at least 7 years after your last contact, and a treatment summary at least 15 years.

• For a minor: keep full records until 3 years after they reach the age of majority.
• For a minor: keep the treatment summary until 15 years after they reach the age of majority.
• Records include fee arrangements, formal consults, test results and releases.

02-415 Ch. 9(2)

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

• Clients may still file a complaint with the Office of Professional and Occupational Regulation.

Not yet confirmed: Ask the board whether it expects you to give clients complaint information. It is a good habit to include the board's contact in your intake paperwork.