How to start a private practice in North Carolina

Use "Licensed Clinical Mental Health Counselor" or "LCMHC" only if you're licensed, and show your credentials accurately.

• Associates use "LCMHCA."

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

G.S. 90-331 and ACA Code C.3.a (21 NCAC 53 .0102)

Follow the ACA Code of Ethics on advertising, which the board adopts, since it has no separate advertising rule.

• Ads must not be false, misleading, deceptive or fraudulent.
• Don't ask for testimonials from current clients, former clients or anyone open to undue influence, and get permission before using any testimonial.
• Fraud or misrepresentation to the public, and false statements about your credentials, are grounds for discipline.

Not yet confirmed: We found no rules on the word "specialist" or on guarantees. Check with the board.

21 NCAC 53 .0102, ACA C.3.a-b, G.S. 90-340(a)(4)-(5)

Use "Licensed Marriage and Family Therapist" or "LMFT" only if you're licensed. Associates use "LMFTA."

• Represent your licensure and supervision status accurately.

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

G.S. 90-270.48, 90-270.48A and 21 NCAC 31 .0609 (AAMFT 9.1)

Keep ads in any media true and accurate, and follow the AAMFT Code of Ethics the board adopts.

• Don't solicit testimonials or endorsements from current clients or others open to undue influence.
• Claim specialized services only after taking reasonable steps to be competent in them.
• Don't advertise degrees that show no training in marriage and family therapy or a related field. Correct false information others publish about you.

Not yet confirmed: A rule on guarantee claims wasn't found. Check with the board.

21 NCAC 31 .0609 (AAMFT 9.1–9.3, 9.5, 9.6)

When you announce your services, use your name and the type and level of your license, such as "Licensed Clinical Social Worker."

• You may add your highest relevant degree, post-graduate training, address, phone, office hours, services, fees, languages and third-party payment policy.
• Display your license at your primary place of practice.

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

21 NCAC 63 .0509(b), G.S. 90B-15

Keep ads accurate and objective, and don't solicit or use client testimonials.

• No misrepresentation of your qualifications, and nothing false, fraudulent, deceptive or misleading.
• Don't offer services beyond your legal scope or competence.
• Don't falsely imply sponsorship or certification by an organization.

Not yet confirmed: We found no rules on "specialist" or guarantees. Check with the board.

21 NCAC 63 .0509(a), (c), (d)

Use the title "Licensed Psychologist."

• Only licensees may call themselves psychologists or use "psychology" in a title or description of services.
• Don't use "Licensed Clinical Psychologist," because NC licensure is generic, not by specialty.
• You may say "clinical psychologist" without "licensed," and list your specialty separately from your level of licensure.

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

G.S. 90-270.149

Follow the APA Ethics Code on public statements, which the Practice Act makes enforceable.

• Don't knowingly make public statements that are false, deceptive or fraudulent.
• Don't solicit testimonials from current therapy clients or others open to undue influence.
• Misleading statements about your credentials, or fraud on the public, are grounds for discipline.

Not yet confirmed: We found no rules on the word "specialist" beyond the title guidance, or on guarantees. Check with the board.

G.S. 90-270.148(a)(4), (5), (10), APA 5.01 and 5.05

Give every client a printed Professional Disclosure Statement before services start, and keep a signed copy.

• Include your name, highest relevant degree, all relevant licenses and credentials, years of counseling experience, and services and populations served.
• Include session length, fees, payment methods, and billing or insurance information.
• Explain confidentiality and its exceptions, such as child or elder abuse and court orders.
• Include how to file a complaint, signature and date lines for both of you, and your license level and supervisor's name if supervised.

Not yet confirmed: Also review informed consent with clients in writing and verbally (ACA A.2.a).

G.S. 90-343 and 21 NCAC 53 .0204

Keep a file copy of each client's signed Professional Disclosure Statement.

• The ACA Code says to keep records as federal and state laws and licensure rules require.

Not yet confirmed: Neither the Practice Act nor 21 NCAC 53 sets a retention period for client records. Check with the board.

21 NCAC 53 .0204 and ACA B.6.h

Put how to register a complaint, with the board's full name, address and phone number, in your Professional Disclosure Statement.

• Board: NCBLCMHC, 2-C Terrace Way, Greensboro, NC 27403. Phone: 844-622-3572 or 336-217-6007.

21 NCAC 53 .0204(8)

Get informed consent before starting services and as often as needed, in language the client understands.

• The client should have capacity, be told about treatment processes, procedures, risks and benefits, consent freely, and have the consent documented.
• If the client can't legally consent, get informed permission from a legally authorized person.
• Associates must tell clients they practice under ongoing supervision and give their supervisor's name.

Not yet confirmed: The rules don't list a required written disclosure statement.

AAMFT 1.2 and 21 NCAC 31 .0802(b)

Keep records five years after the last session, per the board's guidance.

• For minors: five years after the client reaches (or would have reached) the age of consent.
• Federal rules can require longer: HIPAA up to 6 years, and Medicare and Medicaid investigations up to 7 years.
• The rules only require records kept in accordance with professional standards and applicable law.

Not yet confirmed: The retention numbers come from board guidance, not a rule.

AAMFT 3.5

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

• The board takes complaints at ncbmft.org/code-of-ethics/file-a-complaint, phone (919) 568-3014.

Not yet confirmed: Check with the board.

Get consent to participate in social work intervention from the client or the client's legally authorized representative, unless a court order requires intervention.

• Tell clients the extent and nature of services, and the limits, rights, opportunities and obligations that could affect their decision.
• Set fees clearly with the client at the start.
• Get written consent from the client before revealing confidential information, unless the law or imminent danger requires it.

Not yet confirmed: The rules don't list a required written disclosure statement.

21 NCAC 63 .0504(b)-(c), .0506(a), .0507(b)

Keep records "adequate to provide proper diagnosis and treatment and to fulfill other professional responsibilities."

Not yet confirmed: We found no retention period for adults or minors. Check with the board.

21 NCAC 63 .0507(d)

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

• Complaints go to the board by its complaint form. Phone: 336-625-1679.

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

21 NCAC 63 .0602

Tell clients as early as feasible about the therapy, including fees, third-party involvement and limits of confidentiality.

• For telepsychology, the board advises informed consent covering the specific concerns of online sessions.

Not yet confirmed: We found no board-prescribed written disclosure statement. Check with the board for specifics.

APA Standard 10.01 and G.S. 90-270.148(a)(10)

Keep the complete case record securely and confidentially at least 7 years after the last service.

• For a minor: until 3 years after they turn 18 or 7 years after the last service, whichever is longer.
• Keep it indefinitely if legal or ethical matters are pending.
• The record must show the presenting problem and diagnosis or purpose, fees, dates and itemized charges, a summary of each session, test results and basic test data, and copies of all reports.

G.S. 90-270.148(a)(17)-(18)

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

• The board takes complaints at ncpsychologyboard.info/complaints, phone (828) 262-2258.

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