Informed Consents to Provide to Clients

6
min read

Upon signing up, SonderMind requires clients to acknowledge their receipt of and agreement with certain legal documents. (Privacy Policy, Terms of Service, Notice of Privacy Practices). 

However, as a provider within the SonderMind Provider Network, you are legally obligated to obtain a signed Informed Consent document from any new clients that you start a relationship with. This article reviews the various state requirements for Informed Consent and offers some guidance on how to go about developing your own.

As a mental healthcare provider, you are subject to informed consent and/or mandatory disclosure laws. These requirements vary by state, profession, and treatment. Below is a non-exhaustive list of informed consent and disclosure resources and regulations from state regulatory boards. Please note that regulations and policies change overtime, so you should speak to your local licensing board and legal counsel for up-to-date information. 

For educational purposes only, here is an informed consent and mandatory disclosure template. Please ask your legal counsel to review any informed consent template before using it to ensure it’s compliant with state-specific requirements and your licensing board’s regulations. 

Arizona

Age of Consent: 18+, except in emergency situations. AZ ST § 36-2272.

Counselors

Marriage and Family Therapists

Psychologists

Social Workers

Colorado

Age of Consent: 12+. CO ST § 12-245-203.5.

All Providers - Surprise/Balance Billing Disclosure Form

See a sample disclosure form Released by Colorado’s Division of Professions and Occupations.

Counselors

Marriage and Family Therapists

Psychologists

Social Workers

D.C. (District of Columbia)

Age of Consent

Any age for a mental or emotional condition. 22-B DC ADC § 600.7 (c).

Counselors

Marriage and Family Therapists

Psychologists

Social Workers

Georgia

Age of Consent

Generally 18+. GA ST § 31-9-2.

Counselors

Marriage and Family Therapists

Psychologists

Social Workers

Maryland

Age of Consent

16+.

Counselors

Marriage and Family Therapists

Psychologists

Social Workers

MD ADC 10.42.10.04(A)(1)(b) addresses informed consent in the context of Teletherapy.

Ohio

Age of Consent: 14+ for up to six-session or thirty days of services, whichever occurs first. Parental consent is required thereafter. OH ST § 5122.04.

Counselors

Marriage and Family Therapists

Psychologists

Social Workers


Missouri

Age of Consent: Generally, 18+, unless the minor meets certain conditions laid out in MO ST 431.056.

Counselors

Marriage and Family Therapists

Psychologists

Social Workers

Nebraska

Age of Consent

18+. NE ST § 43-2101(2)(b)

Counselors

Marriage and Family Therapists

Psychologists

Social Workers

Texas

Age of Consent: 16+. TX HEALTH & S § 572.001.

Counselors

Marriage and Family Therapists

  • §801.44(c) addresses informed consent. 
  • §801.58(h) addresses informed consent in the context of electronic practice.

Psychologists

Social Workers

Virginia

Counselors

Marriage and Family Therapists

Psychologists

  1. 18VAC125-20-150(B)(11) addresses informed consent. 
  2. Guidance on Electronic Communication and Telepsychology, pg. 5 addresses informed consent in the context of telepsychology. 

Social Workers

Guidance document: 140-3, pg. 2 addresses consent for treatment in the context of technology-assisted therapy (See “Confidentiality and Privacy”)

**Disclaimer: This document is intended for educational purposes only. Please check with your legal counsel or state licensing board for specific requirements.

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