Yes, you can write your own therapy consent form, but it’s crucial to approach this task with caution. Consent forms are legal documents that play a vital role in setting the boundaries of the therapeutic relationship, protecting both the client and the therapist.
While it’s entirely possible to draft your own informed consent form, doing so requires a thorough understanding of legal requirements, ethical guidelines, and the specific needs of your counseling private practice as well as any specific state laws. To simplify this process and ensure your form is comprehensive, check out our Private Practice Paperwork Bundle, which includes a free, attorney-approved consent form and other essential documents to help keep your practice compliant and client-focused.
What Are the Pros and Cons of Writing Your Own Therapy Consent Form?
Pros of Consent Forms:
Customization: Writing your own consent form allows you to tailor the document to fit the specific needs of your practice. You can include unique policies, procedures, and information that may not be covered in generic templates, but you want to ensure you cover ALL legal and ethical aspects of what an informed consent form requires.
Direct Involvement: By writing the form yourself, you gain a deeper understanding of what is included and why. This knowledge can help you better explain the form to clients and ensure that all aspects of informed consent in counseling are covered. Again you want to assure you know all the legalities and ethics of your profession.
Cons of Consent Forms:
Legal Risks: The primary downside is the risk of missing important legal language or failing to comply with your professions ethics. An incomplete or incorrect consent form could expose you to legal liabilities, especially if a dispute or critical incident arises.
Time-Consuming: Drafting a comprehensive and legally sound consent form requires significant time and research. This might not be the best use of your time, particularly if you’re also trying to grow and market your practice as well as managing other parts like accounting, marketing, networking, hiring team members, and more.
Lack of Expertise: Unless you have a background in law, you might struggle to include all necessary legal protections as well as legal language, especially concerning complex areas like telehealth consent form requirements.
Expensive: Many therapists especially in the startup phase of private practice often have more time to build and create their practice. A misconception is that if you create your own informed consent it will be less expensive. After you create your form you need to have an attorney review it which can be costly. Typical attorneys’ fees can range between $300 - $600/hour. Remember informed consent for counseling is just one of the essential documents you will need before you start working with clients. There are typically 20+ additional documents you will use throughout the course of your work in private practice.
What is the Cost of Legal Review for Private Practice Consent Forms?
Even if you decide to write your own counseling consent form, it's wise to have it reviewed by an attorney. The cost of this review can vary widely depending on your location, the complexity of the form, and the lawyer’s expertise. On average, you might expect to pay anywhere from $300 to $600 for a basic review, though this can increase if extensive revisions are needed or if your practice involves telehealth services, which require additional considerations.
This cost is an investment in protecting your practice from potential legal issues. A lawyer will ensure that your consent form complies with state laws, includes all necessary components, and is up-to-date with current ethical standards.
Does Informed Consent Have to be Written in Therapy?
While verbal consent is legally valid in some situations, written consent is preferred and often required, especially in mental health settings. Written consent provides a clear, tangible record that both you and your client can refer to, reducing the risk of misunderstandings. It also serves as evidence that the client was informed about the nature of therapy, potential risks, confidentiality, and other critical aspects.
If you do choose to rely on verbal consent, although not recommended even if allowed, it's essential to check with your state licensing board to understand the requirements and limitations. Even with verbal consent, thorough documentation is necessary. You should record the details of what was discussed, and when, and ensure that the client’s agreement is clearly noted in their file. However, the importance of written and documented informed consent in counseling cannot be overstated. Written consent is typically the gold standard. You don’t want to leave your practice open to misunderstandings and liability.
As private practice therapists ourselves we know that therapists love working with clients and making a difference in their communities. They do not often necessarily love all the paperwork that comes with being a great clinician. A written therapy consent form is more than just a paper for clients to sign. It is a conversation that is had with clients in their very first session. It helps clients feel safe and secure, it builds trust in the therapeutic relationship, and it lets them know what to expect, especially if this is someone’s first time in therapy. It also allows clients to ask questions clarifying any misunderstandings. A written consent and review of the consent starts the therapeutic relationship off right.
Are Free Therapy Consent Forms Reliable?
There are websites that offer free therapy consent forms available online, but caution is advised when using them. Free templates might not be up-to-date with current laws or ethics, and they may lack the specificity needed for your practice. Additionally, the source of these forms might not be reliable or tailored to the ethical guidelines that govern your profession.
Before using a free template, thoroughly review it to ensure it includes all necessary components, such as confidentiality agreements, the limits of confidentiality, the nature and purpose of therapy, risks, benefits, social media policy, cancellation policy, fee disclosure, fee disputes, electronic communications, structure of therapy, court orders, record keeping, emergency procedures, and any other essential information. These are just some of the areas your informed consent form needs to cover.
Where Can a Therapist Get an Attorney-Approved Informed Consent for Counseling?
While writing your own therapy consent form is possible, it comes with significant responsibilities, risks, and costs.
Instead, you might want to consider the resources available through Private Practice Startup. These attorney-approved private practice documents meet the ethical and legal standards of the mental health profession and are written with the therapist's experience in mind. They have been reviewed by 4 different attorneys, saving therapists time and money and avoiding headaches, ensuring that you can focus on what matters most, your clients and building your dream practice!
Ready to Safeguard Your Practice with an Attorney-Approved Therapy Consent Form?
Looking to create a therapy consent form that protects both you and your clients while meeting ethical and legal requirements? The Private Practice Startup offers a free, Attorney-Approved Informed Consent Form as part of our comprehensive private practice paperwork bundle. This bundle is designed to help you stay compliant and focused on building trust with your clients. Follow these simple steps to get started:
Ask Any Questions – Email us at Kate@ThePrivatePracticeStartup.com if you need guidance or have specific questions.
Download Your Free Consent Form – Grab the free Attorney-Approved Consent Form with the full private practice paperwork bundle for a complete set of essential, legally sound documents.
Put It Into Practice – Customize the consent form with your practice details, review it with your clients, and start building a strong therapeutic relationship from day one.
Additional Resources From The Private Practice Startup
At The Private Practice Startup, we’re passionate about helping your private practice thrive. Alongside our customizable private practice paperwork packages for mental health professionals, we provide specialized supervision forms tailored to your specific needs. Want to expand your client base? Our comprehensive Private Practice Marketing E-Course offers proven, step-by-step strategies to help you attract and retain clients. Be sure to tune into the Private Practice Startup Podcast for valuable insights from top industry experts, successful therapists, and thriving entrepreneurs. No matter where you’re practicing, we’re here to support you in achieving your goals.
コメント