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Rules checked October 25, 2026 · by Dr. Emily Turinas, PhD

How to start a private practice in New Mexico

The steps are the same everywhere. New Mexico'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 entityA regular LLC (there's no separate PLLC)
Yearly state filing$0: no annual report for LLCs
Recording sessionsOne-party consent state; get written consent either way
AI note toolsNo New Mexico-specific AI note law found as of October 25, 2026
MinorsA minor 14 or older can agree to individual therapy on their own.

By license

Starting a private practice in New Mexico, by license

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

Counselors · LPCC

Starting a private practice in New Mexico as an LPCC

License: Licensed Professional Clinical Mental Health Counselor (LPCC). Board: New Mexico Regulation and Licensing Department, Counseling and Therapy Practice Board (16.27 NMAC, Counselor and Therapist Practice Act, NMSA 61-9A).

  • Title in ads: Put your state designation (LPCC), license number and license expiration date in every announcement of your services.
  • Continuing education: 40 hours every 2 years, with 12 hours in ethics.
  • Renewal: Renew every 2 years, by September 30.
Before full licensure: Licensed Mental Health Counselor (LMHC)
  • Your supervisor's name and qualifications, if you are supervised. (16.27.18.18 NMAC)

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 25, 2026 · Official board site · Ad rules · Consent and records

MFTs · LMFT

Starting a private practice in New Mexico as an LMFT

License: Licensed Marriage and Family Therapist (LMFT). Board: New Mexico Regulation and Licensing Department, Counseling and Therapy Practice Board (16.27 NMAC, Counselor and Therapist Practice Act, NMSA 61-9A).

  • Title in ads: Put your state designation (LMFT), license number and license expiration date in every announcement of your services.
  • Continuing education: 40 hours every 2 years, with 12 hours in ethics.
  • Renewal: Renew every 2 years, by September 30.
Before full licensure: Licensed Associate Marriage and Family Therapist (LAMFT)
  • Your supervisor's name and qualifications, if you are supervised. (16.27.18.18 NMAC)

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 25, 2026 · Official board site · Ad rules · Consent and records

Social workers · LISW

Starting a private practice in New Mexico as an LISW

License: Licensed Independent Social Worker (LISW). Board: New Mexico Regulation and Licensing Department, Board of Social Work Examiners (16.63 NMAC, Social Work Practice Act, NMSA 61-31).

  • Title in ads: Use the name on your license and claim only the credentials you actually hold.
  • Continuing education: 30 hours every 2 years, with 6 in cultural awareness.
  • Renewal: Renew every 2 years, before July 1.
Before full licensure: Licensed Master Social Worker (LMSW)

Our research didn't find a New Mexico 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 25, 2026 · Official board site · Ad rules · Consent and records

Psychologists

Starting a private practice in New Mexico as a psychologist

License: Psychologist. Board: New Mexico Regulation and Licensing Department, Board of Psychologist Examiners (16.22 NMAC, Professional Psychologist Act, NMSA 61-9).

  • Title in ads: State whether your New Mexico license is regular, provisional, temporary, emergency or inactive, and give its expiration date.
  • Continuing education: 40 hours every 2 years.
  • Renewal: Renew online every 2 years, before July 1 of the renewal year.
If you're not fully licensed yet
  • State whether your New Mexico license is regular, provisional, temporary, emergency or inactive, and give its expiration date. (16.22.2.13(B) and (E) NMAC)

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 25, 2026 · Official board site · Ad rules · Consent and records

Licensing

Your licensing board in New Mexico

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

LicenseBoardContinuing educationRenewal
CounselorsNew Mexico Regulation and Licensing Department, Counseling and Therapy Practice Board (16.27 NMAC, Counselor and Therapist Practice Act, NMSA 61-9A)40 hours every 2 years, with 12 hours in ethics.Renew every 2 years, by September 30.
Marriage and family therapistsNew Mexico Regulation and Licensing Department, Counseling and Therapy Practice Board (16.27 NMAC, Counselor and Therapist Practice Act, NMSA 61-9A)40 hours every 2 years, with 12 hours in ethics.Renew every 2 years, by September 30.
Clinical social workersNew Mexico Regulation and Licensing Department, Board of Social Work Examiners (16.63 NMAC, Social Work Practice Act, NMSA 61-31)30 hours every 2 years, with 6 in cultural awareness.Renew every 2 years, before July 1.
PsychologistsNew Mexico Regulation and Licensing Department, Board of Psychologist Examiners (16.22 NMAC, Professional Psychologist Act, NMSA 61-9)40 hours every 2 years.Renew online every 2 years, before July 1 of the renewal year.

Advertising

Advertising rules for therapists in New Mexico

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

Counselors

Your title

Put your state designation (LPCC), license number and license expiration date in every announcement of your services.

  • Inactive and retired licensees can't advertise using their license.
  • If you use "Dr." in your title, tell clients the area of your education.

16.27.18.16(G) and 16.27.18.18(N) NMAC

What you can't say

Don't run ads that are misleading, deceptive or false.

  • Inactive or retired licensees can't advertise using their license.

Not yet confirmed: We found no rule on testimonials, "specialist" or guaranteed results. Keep claims accurate and check with the board before using them.

16.27.18.16(G) NMAC

Marriage and family therapists

Your title

Put your state designation (LMFT), license number and license expiration date in every announcement of your services.

  • Inactive and retired licensees can't advertise using their license.
  • If you use "Dr." in your title, tell clients the area of your education.

16.27.18.16(G) and 16.27.18.18(N) NMAC

What you can't say

Don't run ads that are misleading, deceptive or false.

  • Inactive or retired licensees can't advertise using their license.

Not yet confirmed: We found no rule on testimonials, "specialist" or guaranteed results. Keep claims accurate and check with the board before using them.

16.27.18.16(G) NMAC

Clinical social workers

Your title

Use the name on your license and claim only the credentials you actually hold.

  • Display your license where the public can see it at your main office.

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

16.63.1.11 and 16.63.16.11(F)(3) NMAC

What you can't say

Keep ads accurate and never solicit testimonials from current clients.

  • No uninvited solicitation of people vulnerable to undue influence.
  • Claims about services and results must be accurate.

Not yet confirmed: We found no specific rule on "specialist" or guarantees. Avoid promising outcomes and check with the board.

16.63.16.11(F)-(G) NMAC

Psychologists

Your title

State whether your New Mexico license is regular, provisional, temporary, emergency or inactive, and give its expiration date.

  • You may list your degrees, licensure date and level, services, fees and languages.
  • Display your license at your main office.

Not yet confirmed: A required license number in ads wasn't found in the rule. Check with the board.

16.22.2.13(B) and (E) NMAC

What you can't say

Keep public statements accurate. Don't use client praise, promise results or claim unique abilities.

  • No fear-based appeals or comparisons with other providers.
  • No direct solicitation of individual clients and no uninvited in-person solicitation.
  • Don't imply that fellowship status means special competence.

16.22.2.13(E) and (H) NMAC

Your business

Forming your practice in New Mexico

New Mexico has no separate PLLC. Therapists generally form a regular LLC, still subject to their licensing board's rules. Check with your board before you file.

New Mexico's gross receipts tax applies to most services, including therapy, at roughly 5% to 8% depending on where you practice. Register with the Taxation and Revenue Department before you see clients and file returns. Some payments from Medicare and managed-care plans may be deductible for licensed health care practitioners; ask your accountant which of yours qualify.

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

WhatNew Mexico
Usual entityregular LLC (there's no separate PLLC)
Yearly state filing$0: no annual report for LLCs
When it's dueNone
Where to filewww.sos.nm.gov/business-services

Paperwork

Informed consent and records in New Mexico

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

Before or at the first session, tell clients the key terms of your practice.

  • Your education, training and experience, your fees, and the purposes, goals and techniques of counseling.
  • Any license restrictions, the limits of confidentiality, and any use of another person to provide services.
  • Your supervisor's name and qualifications, if you are supervised.
  • Get written consent before video or audio recording. Tell clients of any changes before making them.

16.27.18.18 NMAC

Records

Keep client records at least 6 years after your last service.

  • No separate rule for minors was found.
  • Keep a written plan for your records if you die or can't practice.
  • Don't withhold records needed for treatment just because a client owes money.
  • Give clients a summary of their record when they ask in writing.

Not yet confirmed: Other laws (HIPAA, insurers) may require longer. We found no minor-specific retention rule.

16.27.18.17(H) NMAC

Complaints

For online therapy, tell clients during informed consent that complaints go to the Counseling and Therapy Practice Board.

  • Also say that services are considered rendered in New Mexico, and that encryption will be used.

Not yet confirmed: We found no complaint notice rule for in-person practice. Adding the board's contact details to your consent form is a safe habit.

16.27.18.23(A) NMAC

Marriage and family therapists

Informed consent

Before or at the first session, tell clients the key terms of your practice.

  • Your education, training and experience, your fees, and the purposes, goals and techniques of counseling.
  • Any license restrictions, the limits of confidentiality, and any use of another person to provide services.
  • Your supervisor's name and qualifications, if you are supervised.
  • Get written consent before video or audio recording. Tell clients of any changes before making them.

16.27.18.18 NMAC

Records

Keep client records at least 6 years after your last service.

  • No separate rule for minors was found.
  • Keep a written plan for your records if you die or can't practice.
  • Don't withhold records needed for treatment just because a client owes money.
  • Give clients a summary of their record when they ask in writing.

Not yet confirmed: Other laws (HIPAA, insurers) may require longer. We found no minor-specific retention rule.

16.27.18.17(H) NMAC

Complaints

For online therapy, tell clients during informed consent that complaints go to the Counseling and Therapy Practice Board.

  • Also say that services are considered rendered in New Mexico, and that encryption will be used.

Not yet confirmed: We found no complaint notice rule for in-person practice. Adding the board's contact details to your consent form is a safe habit.

16.27.18.23(A) NMAC

Clinical social workers

Informed consent

Get valid informed consent in clear language before you start.

  • Purpose and risks of services, costs, and alternatives.
  • Limits from third-party payers.
  • The right to refuse or withdraw, and the time frame the consent covers.
  • Written consent before any recording.

16.63.16.8(D) NMAC

Records

Keep records at least 7 years after your last service to a client.

  • Keep them longer if federal or state law requires.
  • Before destroying records, try to tell clients they can pick them up within 6 months.

Not yet confirmed: We found no separate rule for minors. Other laws may require longer retention.

16.63.16.10(D)(4)-(5) NMAC

Complaints

Tell clients they have the right to report a complaint about you to the board.

  • Use a handout or other effective means. You may also display it in your office.
  • The same statement covers their right to see your credentials on file with the board and to know your costs up front.

16.63.16.8(C) NMAC

Psychologists

Informed consent

Document informed consent in understandable language before therapy or evaluation.

  • The person must have capacity and consent freely.
  • If someone can't consent, get consent from a legally authorized person and seek the person's assent.
  • In forensic or custody evaluations, explain confidentiality limits before you begin.
  • Get written consent before recording.

16.22.2.10 NMAC

Records

Keep records at least 5 years after your last service to a client.

  • Keep them longer if other laws require.
  • Records include the presenting problem, diagnosis, fees, dated services and test data.

Not yet confirmed: We found no separate rule for minors. HIPAA or insurers may require longer.

16.22.2.8(G) NMAC

Complaints

Your board's rules don't require a complaint notice that we could find.

Not yet confirmed: Consider adding the board's contact details to your consent form. Check with the board.

Practice

Telehealth, recording, AI notes, and reporting in New Mexico

Telehealth consent

  • Say the client may refuse telehealth and how to file a complaint with the board

Recording

New Mexico is a one-party consent state under its general recording law (NMSA 30-12-1). 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
  • 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
  • Client may say no or withdraw at any time without losing care
  • the therapist reviews and signs every note

Reporting abuse

Report suspected child abuse or neglect immediately, yourself, to CYFD or law enforcement.

  • Call the CYFD hotline at 1-855-333-SAFE (7233), or #SAFE from a cell phone. It is open 24/7.
  • You can also report to law enforcement or the proper tribal authority.
  • You can report anonymously. Good-faith reporters are immune from civil and criminal liability.
  • If a child is in immediate danger, call 911.

Not yet confirmed: We couldn't confirm from an official source whether a written follow-up is required, or how privileged therapy information is treated. Check the statute or ask an attorney.

NMSA 32A-4-3

Seeing minors

In New Mexico, a minor 14 or older can agree to individual 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 New Mexico's rules above plugged in. The full walk-through, with costs and a timeline, is in how to start a private practice.

01.

Read your board's rules

02.

Decide who you help and how clients pay

03.

Name it and set up the business

04.

Get malpractice insurance

05.

Set up HIPAA-ready systems

06.

Write your paperwork with these rules

07.

Set your fee

08.

Get found, early

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

Next steps

Guides for your New Mexico practice

Free, and written for therapists. Start with the free private practice checklist for New Mexico: it fits each step to your license.

Do therapists need a PLLC or LLC?Entity types, costs, and taxes, state by state.How much should I charge for therapy?A simple fee formula and a free calculator.Credentialing with insurance companiesGetting on insurance panels, in order.Informed consent for therapyWhat your form must include, with a checklist.AI scribe consent for therapistsState laws on AI note tools in 2026.Good Faith Estimate for therapistsWhat it must include and when to give it.Google Business Profile for therapistsSetup and privacy for a therapy practice.How much does it cost to start a private practice?Every cost, line by line, with three budgets.Liability insurance for therapistsWhat malpractice coverage costs and what to ask.How much do therapists make?Pay by license, and private practice math.

Nearby states: How to start a private practice in Arizona · How to start a private practice in Colorado · How to start a private practice in Texas · How to start a private practice in Oklahoma

Frequently asked questions

Do I need a PLLC to start a private practice in New Mexico?

In New Mexico, plan on a regular LLC (there's no separate PLLC). New Mexico has no separate PLLC. 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 New Mexico?

Counselors: 40 hours every 2 years, with 12 hours in ethics. Marriage and family therapists: 40 hours every 2 years, with 12 hours in ethics. Clinical social workers: 30 hours every 2 years, with 6 in cultural awareness. Psychologists: 40 hours every 2 years.

How long do I have to keep therapy records in New Mexico?

Counselors: Keep client records at least 6 years after your last service. Marriage and family therapists: Keep client records at least 6 years after your last service. Clinical social workers: Keep records at least 7 years after your last service to a client. Psychologists: Keep records at least 5 years after your last service to a client.

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

New Mexico is a one-party consent state under its general recording law (NMSA 30-12-1). Even so, 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 LPCC open a private practice in New Mexico?

The Licensed Professional Clinical Mental Health Counselor (LPCC) is New Mexico's full license for counselors, issued by the New Mexico Regulation and Licensing Department, Counseling and Therapy Practice Board (16.27 NMAC, Counselor and Therapist Practice Act, NMSA 61-9A). The level before it is Licensed Mental Health Counselor (LMHC). On your website and ads: put your state designation (LPCC), license number and license expiration date in every announcement of your services. Then set up your business (in New Mexico, usually a regular LLC, there's no separate PLLC) and confirm with the board that nothing else applies to your setup, such as a separate private-practice approval.

Can an LISW open a private practice in New Mexico?

The Licensed Independent Social Worker (LISW) is New Mexico's full license for clinical social workers, issued by the New Mexico Regulation and Licensing Department, Board of Social Work Examiners (16.63 NMAC, Social Work Practice Act, NMSA 61-31). The level before it is Licensed Master Social Worker (LMSW). On your website and ads: use the name on your license and claim only the credentials you actually hold. Then set up your business (in New Mexico, usually a regular LLC, there's no separate PLLC) 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 New Mexico?

Put your state designation (LMFT), license number and license expiration date in every announcement of your services. Inactive and retired licensees can't advertise using their license. If you use "Dr." in your title, tell clients the area of your education. Source: 16.27.18.16(G) and 16.27.18.18(N) NMAC.

Can associates see private-pay clients in New Mexico?

New Mexico's associate and pre-licensed levels include Licensed Mental Health Counselor (LMHC), Licensed Associate Marriage and Family Therapist (LAMFT), and Licensed Master Social Worker (LMSW). What the board rules say: State whether your New Mexico license is regular, provisional, temporary, emergency or inactive, and give its expiration date. Our research did not confirm whether New Mexico 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 New Mexico?

The New Mexico Regulation and Licensing Department, Board of Psychologist Examiners (16.22 NMAC, Professional Psychologist Act, NMSA 61-9). Continuing education: 40 hours every 2 years. Renewal: renew online every 2 years, before July 1 of the renewal year. Confirm current requirements on the board's site.

Sources

Board rules checked October 25, 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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