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FREE PROFESSIONAL WILL CHECKLISTFREE INFORMATIONAL MEETING

Mental health clinicians have the ethical and legal obligation to create an emergency plan that specifies how their clients, client records and practice will be managed in the event of therapist incapacitation or death.

TheraClosure helps you create a tailored, comprehensive and actionable Professional Will, and our expert clinicians serve as Practice Executor if needed.

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Starting A Private Practice In Counseling Checklist

March 1, 2025
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Practice

Starting a private counseling practice requires careful planning to ensure legal compliance, financial stability, and ethical practice. Use this checklist to guide you through the process.

1. Business Setup & Legal Requirements

✔ Choose a business structure (Sole Proprietorship, LLC, PLLC, or S-Corp)

✔ Obtain a state license to practice counseling

✔ Register for an EIN (Employer Identification Number) with the IRS

✔ Open a business bank account to separate personal and business finances

✔ Apply for required state and local business licenses/permits

✔ Set up a bookkeeping and accounting system (consider hiring an accountant)

✔ Determine tax obligations (self-employment tax, quarterly estimated payments, etc.)

✔ Obtain malpractice/professional liability insurance

✔ Consider general liability and cyber liability insurance

✔ Draft consent forms, intake paperwork, and practice policies

✔ Establish HIPAA-compliant record-keeping and data storage

✔ Create a plan for client emergency situations and mandated reporting

2. Office Setup & Operations

✔ Choose a practice location (home office, leased office, or shared space)

✔ Furnish and decorate the space for a welcoming, professional feel

✔ Set up a reliable scheduling and practice management system (EHR software)

✔ Obtain a secure business phone number and voicemail

✔ Set up a HIPAA-compliant email service

✔ Establish secure teletherapy options (if offering virtual sessions)

✔ Develop a professional website with service details and contact info

✔ Create a Google Business Profile for local search visibility

✔ Choose a secure payment processing system (credit card, HSA/FSA, invoicing options)

✔ Set your session fees and policies (including cancellation/no-show fees)

✔ Decide whether to accept insurance, private pay, or both

✔ If accepting insurance, enroll with panels and verify credentialing requirements

✔ Draft a business budget, including office rent, software, insurance, and marketing costs

3. Marketing & Client Acquisition

✔ Define your niche and target clientele

✔ List your practice on Psychology Today, TherapyDen, and GoodTherapy

✔ Optimize your website for SEO (search engine optimization)

✔ Develop a social media presence on LinkedIn, Instagram, or Facebook

✔ Network with local physicians, schools, attorneys, and therapists for referrals

✔ Join local and national professional organizations (ACA, APA, state boards)

✔ Offer free workshops, community talks, or blog content to establish credibility

✔ Create a referral system and establish relationships with trusted colleagues

✔ Encourage satisfied clients (if ethically appropriate) to refer others

✔ Consider running targeted Google or social media ads to attract new clients

4. Ethical & Clinical Best Practices

✔ Adhere to the ACA Code of Ethics and HIPAA regulations

✔ Keep informed consent and confidentiality policies up to date

✔ Develop a crisis management protocol for high-risk clients

✔ Stay within your scope of practice and seek supervision/consultation when needed

✔ Maintain detailed, confidential, and legally compliant session notes

✔ Follow required guidelines for record retention and secure storage

✔ Prioritize self-care and set professional boundaries to prevent burnout

✔ Engage in continuing education to maintain licensure and stay updated on best practices

5. Financial & Risk Management

✔ Maintain malpractice and cyber liability insurance coverage

✔ Track income and expenses for tax deductions and business planning

✔ Set up an emergency fund to cover practice expenses during slow periods

✔ Offer sliding scale fees or pro bono services (if part of your practice model)

✔ Regularly review and adjust fees to reflect market rates and expenses

✔ Ensure financial security with disability insurance in case of illness/injury

6. Contingency Planning & Professional Will

✔ Designate a Practice Executor to handle affairs in case of sudden incapacity or death

✔ Draft a Professional Will with instructions on client referrals, records management, and business closure

✔ Store all important business documents securely and grant necessary access to the executor

✔ Inform a trusted colleague or family member where contingency documents are located

✔ Consider using TheraClosure, a professional executor service, to ensure ethical and smooth practice closure if needed

Final Thoughts

Starting a private practice is both exciting and challenging, but having a structured plan ensures a smooth process. This checklist provides the foundational steps needed to launch and grow a successful counseling practice while maintaining ethical and legal integrity. Take it step by step, and your private practice will be on its way to success!

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