Seven Crucial Items To Include In Private Practice Forms.
One of the most daunting tasks of opening a private practice is understanding what you need to include in your private practice forms. Getting this correct is crucial. There are ethical and legal implications if your clients are not fully informed of your policies and the limits of confidentiality. Today I’m going to talk specifically about Office Policies and Informed Consent.
A word about timing.
Whenever possible, have a new client sign your policies before you meet with them. If this is not possible, review your policies with them and have them sign at the start of the intake appointment.
Why? Your client needs to have a full understanding of your policies before they disclose any information to you. What happens if they share something you need to report, but you haven’t gone over the limits of confidentiality with them? Yikes. Additionally, until they sign your policies and consent for treatment, they have not signed any agreement regarding your fees or how they will pay.
You may assume clients know the basics of confidentiality and fees, but clients rarely understand this. We need to assure that they have not only read our policies but understand them.
Most therapists combine their Office Policies and Consent for Treatment.
Personally, I think these are hard to separate. Many of your policies speak to the client’s informed consent: how you charge fees, your availability, emergency policies, and, most especially, confidentiality. These are all components that help the client make an informed decision about treatment.
Your office policies and your private practice forms serve as a business agreement between you and your client. It is important that your forms are clear, and that the client understands what they are signing.
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Now on to the Seven Crucial things you need to make sure you include in your Office Policies and Consent for Treatment.
Your Office Policies and Consent for Treatment must include the following:
1 A brief description of your services and of therapy, as well as the risks and benefits. This needs to include information about your license and how clients can contact the licensing board.
2. Clear and detailed information about your fees and what happens if a client does not pay. You and the client must agree on a fee prior to the intake appointment and this needs to be documented in writing. Generally this will be your private pay rate or the insurance rate. If you want to offer the client a lower fee, you need to document this in the consent form. You must also let the client know upfront what happens if they don’t pay.
This is more complicated than it seems and there are several ways to get yourself into ethical and even legal trouble when it comes to discussing and collecting fees. I go into detail regarding exactly what to include in both The Master Course, Everything You Need to Know About Private Practice but Didn’t Know To Ask and the Mini Course, Private Practice Forms. Don’t skip this critical information.
3. You must inform the client how you keep and store records. As a part of this you will need a separate Privacy Notice to give to clients.
4. If you accept insurance you must inform the client of your policies and procedure related to insurance billing. Most therapists don’t realize how complicated insurance billing can be. You need to make sure you understand your contract with the insurance company related to your fees, collecting no-show fees, etc. Read your contract and talk with your insurance rep if you have questions.
If you’ve never billed insurance before, make sure you are getting guidance! Consult with knowledgeable colleagues, an insurance biller, or others who understand the process. I have an entire chapter devoted to insurance billing in the Master Course and offer a Mini Course on the topic, Billing Insurance 101. If you plan to bill insurance in your private practice this information is crucial to help you avoid the common, and often serious, mistakes many therapists make.
5.You must be clear how your clients can contact you and include instructions in case of an emergency.
6. You need to include your policy related to technology. Almost all therapists routinely use technology with clients, including email, texting, and telehealth. This is the most common area therapists are getting themselves into ethical trouble these days. You must understand what to include in your policies. If you do telehealth, you must have a telehealth consent policy.
7. Confidentiality. This is a crucial part of “informed consent”. You need to be very clear that you are a mandated reporter and explain the limits of confidentiality and the circumstances that would require you to break it.
A Word About Working With Minors
If your client is a minor, unless there are serious extenuating circumstances, always have both parents (or legal guardians) sign the paperwork. Whether they are married, divorced, or were never married, have both parents sign. I go into far more detail about seeing children in private practice in my Master Course and Clinical Considerations in Private Practice Mini Course but both parents should be involved in the treatment of their child. If they are not married, unless there is court documentation stating otherwise, both parents will almost always need to consent for treatment. Err on the side of caution here and have both parents sign every time.
When you are working with teens, if they are 17, have them sign all paperwork as well. Remember, when they turn 18, they become a legal adult. At that point, they need to sign their own paperwork. If you don’t do it prior to their 18th birthday set a reminder for the date to help you remember to get their signature. Trust me, this is a super easy thing to forget. Also remember, once they turn 18, you need to have them sign a release to talk to their parents. You should also have them sign a release for billing if the parent is paying, which they almost always are.
You need to do your own due diligence for all of your private practice forms. Confirm what is required by the state you live in and anything specific to your license. Almost all professional organizations have sample forms available for their members. I highly recommend you check these out rather than just copying someone else’s forms.
Also be aware that rules change over time. You need to keep up with this. Great resources for this are your professional organization and your liability insurance company. They generally send out monthly emails with all kinds of good information about legal and ethical updates. It’s a good reason to join.
Protect Your Private Practice.
To find out exactly what you need to include in your private practice forms, check out The Master Course, Everything You Need To Know About Private Practice But Didn’t Know To Ask or if you want the same great information in a more affordable course covering only the forms you need in your private practice check out The Mini Course, Private Practice Forms. Both courses show you exactly what you need to include for all your private practice forms to make sure you are covered ethically and legally.
The courses show you exactly what to include in your private practice forms to protect yourself ethically and legally. They cover:
Office Policies and Consent for Treatment
Notice of Privacy Practice and Receipt of Privacy Practices
Release of Information
Client Information Form
Teletherapy Consent
Digging Deeper.
If you want to dig a bit deeper into Informed Consent, The Zur Insititute has a great post here.
To find out more crucial information about the steps you need to take when starting your private practice check out The Master Course, Everything You Need To Know About Private Practice But Didn’t Know To Ask. To get the same information in more affordable, bite size pieces, don’t miss the Mini Courses!
I love helping therapists build successful private practices! For more great information like this to help you build yours, make sure to check out the Master Course and the Mini Courses. I’m here to support you and I want to help you reach your dream!
If you need some individual help with all of this I’m here for you! I offer mentoring services for those who want some personal attention to help them build their successful private practice. Don’t hesitate to reach out to me. You can find out more on the Mentoring page.
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