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What is Informed Consent Before Starting Therapy?

Updated: Nov 20

Informed consent before starting therapy is the process through which a therapist provides essential information about the counseling process, ensuring that the client fully understands what they are agreeing to before any sessions begin. 


This step is crucial, as it establishes the foundation of a therapeutic relationship built on trust, transparency, and mutual respect. Informed consent typically involves discussing the nature of therapy, the risks and benefits, confidentiality limits, and the client’s rights. It’s not just a legal formality but a critical component of ethical practice in counseling.


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What is Informed Consent in Counseling & Why is it Important?


You might be wondering what is informed consent in counseling. Informed consent in counseling is an ethical and legal obligation that ensures clients are well-informed about the therapy process before they agree to participate. This process includes discussing the therapist's qualifications, the goals of therapy, the methods used, the risks and benefits involved, confidentiality, and the client’s right to withdraw consent at any time. The importance of informed consent in counseling cannot be overstated—it empowers clients, giving them the autonomy to make informed decisions about their mental health care.


Without informed consent, clients may feel blindsided or pressured into therapy without fully understanding what it entails especially for clients who have never been to therapy or have hesitations about therapy. This lack of clarity can lead to misunderstandings, diminished trust, and even potential harm. By clearly outlining expectations, responsibilities, and boundaries, informed consent lays the groundwork for a positive and effective therapeutic relationship.


Does Informed Consent Have to Be Written in Therapy?


While written consent is the standard practice in therapy, some practitioners may consider using verbal informed consent in counseling. However, the use of verbal consent requires careful consideration and adherence to state regulations.


First and foremost, check with your state board if verbal consent is allowed. Not all states permit verbal consent as a substitute for written consent, and even in states where it is allowed, there may be strict guidelines on how it should be documented.


If your state allows verbal consent, it is essential to check with your state what and how to document it. Documentation is crucial to protect both the therapist and the client, ensuring that the consent process is clearly recorded and can be referenced if necessary.


However, it’s important to note that we don't recommend relying solely on verbal consent. As private practice therapists ourselves we understand that written therapy consent form template covers many areas that may not be easily communicated or remembered in a verbal agreement. A comprehensive written consent form provides a detailed account of what has been agreed upon, which can be particularly valuable in case of any future disputes or misunderstandings. Your client should also receive a copy of the informed consent form. 


What Are the Key Elements of Informed Consent?


In brief, an informed consent process should include at minimum the following elements, but a comprehensive informed consent for counseling includes much more! 


  1. Explanation of Therapy: Describe the nature and goals of therapy, the techniques used, and the expected duration.

  2. Risks & Benefits: Discuss potential risks and benefits associated with therapy.

  3. Confidentiality: Outline the limits of confidentiality, including situations where disclosure is required by law (e.g., risk of harm to self or others).

  4. Client Rights: Inform clients of their rights, including the right to withdraw consent at any time.

  5. Costs & Insurance: Provide information about session fees, payment policies, and insurance coverage.

  6. Telehealth Considerations: If applicable, include details about telehealth sessions, using a telehealth consent form for mental health to address specific risks and benefits associated with remote therapy.


In our blog on “How to Write an Informed Consent” we go into a lot more detail on what else your consent should entail. 


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Can You Find Therapy Consent Form Templates Online?


For therapists, utilizing a therapy consent form template can be an efficient way to ensure that all necessary elements are covered in the informed consent process. A well-structured template can serve as a guide, helping to ensure consistency across clients and sessions.

There are many resources available online where you can find a therapy consent form template or even a therapy consent form free to download. Assure these templates can be customized to suit your specific practice needs, ensuring that your consent forms are thorough and tailored to your clientele.


It is important to know though where the form is coming from. Is it coming from a reputable source?  Was it reviewed and approved by a health care law attorney or did you get it off of a local therapist’s website?  You don’t want to put yourself or your practice at risk of missing key elements of a well-planned therapy consent form. 


For therapists offering remote or virtual sessions, a telehealth consent form for mental health is crucial. This specialized consent form should address the unique aspects of telehealth, including privacy concerns, technical issues, emergency procedures, and much more.


You can combine your telehealth consent form with your informed consent or you can have a separate telehealth consent form. It depends on how you practice and what you are most comfortable with. 


Can You Write Your Own Consent Form?


Some therapists may wonder, can you write your own consent form? The answer is yes but with caution. While it is possible to draft your own mental health consent form template, it’s essential to ensure that it complies with legal and ethical standards. Click here for more on informed consent form examples!


You will want to consult with a legal professional to review your paperwork.  Keep in mind that an informed consent form has both legal and ethical areas that need to be addressed.  Also, remember your informed consent is just 1 of the many forms you need for your private practice.


Creating an informed consent form is essential for your private practice—you can't start seeing clients without it. While this might seem like a big task, it doesn’t have to be overwhelming. Whether you build your form from scratch, use a template, and then have an attorney review it, the key is to ensure your clients are fully informed and protected, and that your paperwork meets ethical and legal standards.


Where Can Therapists Find Attorney-Approved Counseling Forms for Private Practice Online?


To simplify the process, consider investing in a comprehensive private practice paperwork bundle from The Private Practice Startup. These bundles save you time, reduce stress, and make sure your practice is compliant with all necessary regulations. 


Ready to get started? Check out our attorney-approved private practice paperwork bundle, which includes over 20+ attorney-approved essential forms to help you launch your practice confidently and correctly. 


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Ready to Build Trust with an Informed Consent Therapy Form Template?


Looking for a comprehensive, legally sound solution to provide clients with informed consent before therapy? The Private Practice Startup offers an Attorney-Approved Informed Consent Therapy Form Template, along with an extensive private practice paperwork bundle designed to help your clients feel informed, empowered, and respected from the start. Follow these three simple steps to get started:


  1. Ask Any Questions – Contact us at Kate@ThePrivatePracticeStartup.com if you have any questions or need further clarification on informed consent requirements.


  1. Choose Your Template or Bundle – Download our Attorney-Approved Informed Consent Therapy Form Template or upgrade to our full private practice paperwork bundle to cover all aspects of compliance and ethical practice.


  1. Implement Today – Personalize the form with your practice details, share it with clients, and start fostering a transparent, trust-based therapeutic relationship backed by informed consent.


Other Services Offered at The Private Practice Startup

At The Private Practice Startup, we're committed to supporting the growth and success of your private practice. In addition to our tailored private practice paperwork packages for mental health professionals, we offer specialized supervision forms designed to meet your unique needs. Looking to grow your client base? Our in-depth Private Practice Marketing E-Course provides step-by-step strategies to help you attract and retain clients. Don't miss out on valuable insights from our Private Practice Startup Podcast, where industry experts, thriving therapists, and successful entrepreneurs share their knowledge. Whether you’re practicing in Texas, New York, or anywhere in between, we’re here to help you reach your practice goals.

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