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

How to start a private practice in New York

The steps are the same everywhere. New York'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 PLLC (professional LLC)
Yearly state filing$9 every 2 years (biennial statement)
Recording sessionsOne-party consent state; get written consent either way
AI note toolsNo New York-specific AI note law found as of October 25, 2026

By license

Starting a private practice in New York, by license

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

Counselors · LMHC

Starting a private practice in New York as an LMHC

License: Licensed Mental Health Counselor (LMHC). Board: New York State Board for Mental Health Practitioners, NYS Education Department Office of the Professions (Education Law Article 163; Regents Rules Part 29; Commissioner's Regulations Part 79).

  • Title in ads: Use the title "Licensed Mental Health Counselor," and "licensed" only if you're licensed and registered in New York.
  • Continuing education: 36 hours of Department-approved CE every 3-year registration period.
  • Renewal: Renew every 3 years through NYSED's online registration renewal.
Before full licensure: Mental Health Counselor (limited permit) (LMHC-LP)

Our research didn't find a New York 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

MFTs · LMFT

Starting a private practice in New York as an LMFT

License: Licensed Marriage and Family Therapist (LMFT). Board: New York State Board for Mental Health Practitioners, NYS Education Department Office of the Professions (Education Law Article 163; Regents Rules Part 29; Commissioner's Regulations Part 79).

  • Title in ads: Use the title "Licensed Marriage and Family Therapist."
  • Continuing education: Earn 36 hours of Department-approved CE every 3-year registration period.
  • Renewal: Renew every 3 years through NYSED's online registration renewal.
Before full licensure: Marriage and Family Therapist limited permit holder

Our research didn't find a New York 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

Social workers · LCSW

Starting a private practice in New York as an LCSW

License: Licensed Clinical Social Worker (LCSW). Board: New York State Board for Social Work, NYS Education Department Office of the Professions (Education Law Article 154; Regents Rules Part 29; Commissioner's Regulations Part 74).

  • Title in ads: Use the title "Licensed Clinical Social Worker" or "LCSW," which only people licensed under section 7704(2) may use.
  • Continuing education: 36 hours of Department-approved CE every 3-year registration period.
  • Renewal: Renew every 3 years through NYSED's online registration renewal.
Before full licensure: Licensed Master Social Worker (LMSW)
  • If an LMSW works under your supervision, tell clients the LMSW practices clinical social work only under supervision and give them the supervisor's contact information. (Board Guideline 3 and 8 NYCRR 29.1(b)(8))

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

Psychologists

Starting a private practice in New York as a psychologist

License: Psychologist. Board: New York State Board for Psychology, NYS Education Department Office of the Professions (Education Law Article 153; Regents Rules Part 29; Commissioner's Regulations Part 72).

  • Title in ads: Use the title "Psychologist," and only if you're licensed or authorized.
  • Continuing education: 36 hours of Department-approved CE every 3-year registration period.
  • Renewal: Renew every 3 years through NYSED's online registration renewal.
If you're not fully licensed yet

Our research didn't find a New York 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

Licensing

Your licensing board in New York

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

LicenseBoardContinuing educationRenewal
CounselorsNew York State Board for Mental Health Practitioners, NYS Education Department Office of the Professions (Education Law Article 163; Regents Rules Part 29; Commissioner's Regulations Part 79)36 hours of Department-approved CE every 3-year registration period.Renew every 3 years through NYSED's online registration renewal.
Marriage and family therapistsNew York State Board for Mental Health Practitioners, NYS Education Department Office of the Professions (Education Law Article 163; Regents Rules Part 29; Commissioner's Regulations Part 79)Earn 36 hours of Department-approved CE every 3-year registration period.Renew every 3 years through NYSED's online registration renewal.
Clinical social workersNew York State Board for Social Work, NYS Education Department Office of the Professions (Education Law Article 154; Regents Rules Part 29; Commissioner's Regulations Part 74)36 hours of Department-approved CE every 3-year registration period.Renew every 3 years through NYSED's online registration renewal.
PsychologistsNew York State Board for Psychology, NYS Education Department Office of the Professions (Education Law Article 153; Regents Rules Part 29; Commissioner's Regulations Part 72)36 hours of Department-approved CE every 3-year registration period.Renew every 3 years through NYSED's online registration renewal.

Advertising

Advertising rules for therapists in New York

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

Counselors

Your title

Use the title "Licensed Mental Health Counselor," and "licensed" only if you're licensed and registered in New York.

  • Only people licensed under Article 163 may use it or any title implying licensure.
  • Display your current registration certificate in your office.

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

Education Law 8402

What you can't say

Keep ads true, and be able to prove any claim about services, prices or being better than others.

  • Don't guarantee satisfaction or a cure.
  • Testimonials need the client's written permission and a disclaimer about results. Fictional testimonials aren't allowed.
  • No bonuses or inducements other than a discount on an established fee. Keep an exact copy of each ad for one year after it last runs.
  • If you use "Doctor," also state the profession of your doctorate. Specialty titles need documented education, training or experience.

Not yet confirmed: The board's rules don't define "specialist." Check with the board before using it.

8 NYCRR 29.1(b)(12) and 29.2(a)(4), (6)

Marriage and family therapists

Your title

Use the title "Licensed Marriage and Family Therapist."

  • Only people licensed under Article 163 may use it, or "licensed marriage therapist," "licensed family therapist" or any title implying licensure.
  • Use "licensed" only if you're licensed and registered in New York.

Not yet confirmed: A license number is not required in ads as far as was found. Check with the board.

Education Law 8403(2)

What you can't say

Keep ads truthful, and don't guarantee satisfaction or a cure.

  • You must be able to prove any claim about services, prices or being better than others.
  • Client testimonials need the client's written permission and a disclaimer about results. Fictional ones aren't allowed. Don't give inducements other than a discount on an established fee.
  • Keep an exact copy of each ad for one year after it last runs. If you use "Doctor," also state the profession of your doctorate.
  • Specialty titles need documented education, training or experience.

Not yet confirmed: The board's rules don't define "specialist." Check with the board before using it.

8 NYCRR 29.1(b)(12), 29.2(a)(4), (a)(6) and Guideline 3

Clinical social workers

Your title

Use the title "Licensed Clinical Social Worker" or "LCSW," which only people licensed under section 7704(2) may use.

Not yet confirmed: We found no license number requirement in ads on the board's site. Check with the board.

Education Law 7702

What you can't say

Keep ads from being false, fraudulent, deceptive or misleading, and be able to prove every claim.

  • That covers claims about services, prices, and being better than others. Don't guarantee satisfaction or a cure.
  • Client testimonials are allowed only with the client's written permission, a disclaimer about results, and nothing that reveals identity in a misleading way. Fictional testimonials aren't allowed.
  • No bonuses or inducements other than a discount on an established fee.
  • Keep an exact copy of each ad for one year after it last runs. If you use "Doctor," also state the profession of your doctorate.

Not yet confirmed: We found no LCSW-specific guidance on "specialist" claims. Check with the board.

8 NYCRR 29.1(b)(12) and 29.2(a)(4), (a)(6)

Psychologists

Your title

Use the title "Psychologist," and only if you're licensed or authorized.

  • Only licensed or authorized people may use "psychologist," "psychology" or "psychological" to describe their practice.
  • If you use "Doctor," also state that your doctorate is in psychology.

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

Education Law Article 153 and Regents Rule 29.2(a)(4)

What you can't say

Keep ads true, and be able to prove any claim about services, prices or being better than others.

  • Don't guarantee satisfaction or a cure, or imply a level of treatment or results beyond what you provide.
  • Testimonials need the client's written permission and a disclaimer about results. Fictional testimonials aren't allowed.
  • No bonuses or inducements other than a discount on an established fee. Keep an exact copy of each ad for one year after it last runs.
  • Websites and social media follow the same rules.

Not yet confirmed: The board's rules don't define "specialist." Check with the board before using it.

8 NYCRR 29.1(b)(12) and 29.2(a)(4), (6)

Your business

Forming your practice in New York

Licensed therapists in New York form a PLLC (or a professional corporation). Before you file, get consent from the NYSED Office of the Professions, and within 120 days of forming, publish a notice in two newspapers (the publication requirement below).

New York also charges an annual LLC filing fee of $25 to $4,500 based on New York income (most solo practices pay the lower end), due with your tax filing. A new PLLC also has a one-time publication requirement, often $400–$1,800 depending on county.

Local taxes: New York City adds its own personal income tax, and its unincorporated business tax (4%) can apply to a PLLC's income.

If you elect S-corp later: New York S-corps pay a fixed minimum tax each year based on receipts. In New York City, an S-corp also pays city corporate tax.

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 York
Usual entityPLLC (professional LLC)
Yearly state filing$9 every 2 years (biennial statement)
When it's dueBy the end of your anniversary month, every other year
Where to filedos.ny.gov

Paperwork

Informed consent and records in New York

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

Tell clients what services you offer, and don't share identifiable information without consent unless the law allows.

  • The board's Guideline 1 suggests, but doesn't require, a written consent covering your qualifications, fees, cancellation charges, records access, and your duty to report suspected child abuse.
  • Clients have the right to know what records are kept and how to get copies.

Not yet confirmed: We found no mandatory consent list on the board's site. Check with the board.

8 NYCRR 29.1(b)(8)

Records

Keep each client record at least 6 years.

  • For a minor: at least 6 years and until one year after they turn 21, whichever is longer.
  • Records must accurately reflect evaluation and treatment.

8 NYCRR 29.2(a)(3)

Complaints

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

  • The board's guidelines say clients have the right to file a complaint with the State Education Department.

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

Marriage and family therapists

Informed consent

Tell clients what services you offer, and consider a written consent.

  • Guideline 1 suggests, but doesn't require, covering your qualifications, fees, cancellation charges, records access and your duty to report suspected child abuse.
  • Don't share identifiable information without consent unless law allows.

Not yet confirmed: No mandatory list was found. Check with the board.

Guideline 1 and 8 NYCRR 29.1(b)(8)

Records

Keep each client record at least 6 years.

  • For a minor: at least 6 years and until one year after they turn 21, whichever is longer.
  • Records must accurately reflect evaluation and treatment.

8 NYCRR 29.2(a)(3)

Complaints

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

  • The board's guidelines say clients have the right to file a complaint with the State Education Department.

Not yet confirmed: Check with the board.

Clinical social workers

Informed consent

Get the client's informed consent, preferably in writing, before sharing identifiable information, unless law allows or requires it.

  • If an LMSW works under your supervision, tell clients the LMSW practices clinical social work only under supervision and give them the supervisor's contact information.

Not yet confirmed: We found no mandatory list of consent contents on the board's site. Check with the board.

Board Guideline 3 and 8 NYCRR 29.1(b)(8)

Records

Keep each client record at least 6 years.

  • For minors: at least 6 years and until one year after the client turns 21, whichever is longer.
  • Records must accurately reflect evaluation and treatment.

8 NYCRR 29.2(a)(3)

Complaints

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

  • The board's guidelines say clients have the right to file a complaint with the State Education Department.

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

Psychologists

Informed consent

Get the client's consent before releasing records or sharing identifiable information, unless the law allows.

  • For telepractice, get informed consent covering benefits and risks before starting remote services.

Not yet confirmed: We found no mandatory consent list on the board's site. Check with the board.

8 NYCRR 29.1(b)(8)

Records

Keep each client record at least 6 years.

  • For a minor: at least 6 years and until one year after they turn 21, whichever is longer.
  • Records must accurately reflect evaluation and treatment.

8 NYCRR 29.2(a)(3)

Complaints

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

  • The board's guidelines say clients have the right to file a complaint with the State Education Department.

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

Practice

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

Telehealth consent

  • Say sessions are not recorded without written consent
  • Ask the client to join from a private place on a secure connection

Recording

New York is a one-party consent state under its general recording law (N.Y. Penal Law 250.00, 250.05). 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 maltreatment immediately by phone to the Statewide Central Register mandated reporter line at 1-800-635-1522 (24 hours).

  • Then send a written report within 48 hours of the call, on form LDSS-2221A, to your local child protective services office.
  • If a child is in immediate danger, call 911 first.
  • The public hotline, 1-800-342-3720, isn't the line for professionals.

Not yet confirmed: Check the Office of Children and Family Services site for the current form and local office.

Social Services Law 413 and 415

The order

The order to do it in

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

Next steps

Guides for your New York practice

Free, and written for therapists. Start with the free private practice checklist for New York: 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 New Jersey · How to start a private practice in Connecticut · How to start a private practice in Pennsylvania · How to start a private practice in Massachusetts

Frequently asked questions

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

Not always, but most New York therapists who form an entity use a PLLC (professional LLC). Licensed therapists in New York form a PLLC (or a professional corporation). 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 York?

Counselors: 36 hours of Department-approved CE every 3-year registration period. Marriage and family therapists: Earn 36 hours of Department-approved CE every 3-year registration period. Clinical social workers: 36 hours of Department-approved CE every 3-year registration period. Psychologists: 36 hours of Department-approved CE every 3-year registration period.

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

Counselors: Keep each client record at least 6 years. Marriage and family therapists: Keep each client record at least 6 years. Clinical social workers: Keep each client record at least 6 years. Psychologists: Keep each client record at least 6 years.

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

New York is a one-party consent state under its general recording law (N.Y. Penal Law 250.00, 250.05). 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 LMHC open a private practice in New York?

The Licensed Mental Health Counselor (LMHC) is New York's full license for counselors, issued by the New York State Board for Mental Health Practitioners, NYS Education Department Office of the Professions (Education Law Article 163; Regents Rules Part 29; Commissioner's Regulations Part 79). The level before it is Mental Health Counselor (limited permit) (LMHC-LP). On your website and ads: use the title "Licensed Mental Health Counselor," and "licensed" only if you're licensed and registered in New York. Then set up your business (in New York, usually a PLLC, professional LLC) and confirm with the board that nothing else applies to your setup, such as a separate private-practice approval.

Can an LCSW open a private practice in New York?

The Licensed Clinical Social Worker (LCSW) is New York's full license for clinical social workers, issued by the New York State Board for Social Work, NYS Education Department Office of the Professions (Education Law Article 154; Regents Rules Part 29; Commissioner's Regulations Part 74). The level before it is Licensed Master Social Worker (LMSW). On your website and ads: use the title "Licensed Clinical Social Worker" or "LCSW," which only people licensed under section 7704(2) may use. Then set up your business (in New York, usually a PLLC, professional LLC) 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 York?

Use the title "Licensed Marriage and Family Therapist." Only people licensed under Article 163 may use it, or "licensed marriage therapist," "licensed family therapist" or any title implying licensure. Use "licensed" only if you're licensed and registered in New York. Source: Education Law 8403(2).

Can associates see private-pay clients in New York?

New York's associate and pre-licensed levels include Mental Health Counselor (limited permit) (LMHC-LP), Marriage and Family Therapist limited permit holder, and Licensed Master Social Worker (LMSW). Our research did not confirm whether New York 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 York?

The New York State Board for Psychology, NYS Education Department Office of the Professions (Education Law Article 153; Regents Rules Part 29; Commissioner's Regulations Part 72). Continuing education: 36 hours of Department-approved CE every 3-year registration period. Renewal: renew every 3 years through NYSED's online registration renewal. 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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