Informed consent and client agreement documents are a critical part of ethical and legally compliant mental health practice in California. These documents ensure that clients are fully informed about the therapeutic process, understand their rights, and have a clear outline of expectations and responsibilities.

California law, particularly regulations enforced by the Board of Behavioral Sciences (BBS), sets specific requirements for what must be included in these materials.

What should be included in informed consent and client agreements for therapists?

California therapists must include the following elements in their informed consent and client agreement documents:

1. Nature of Services: A clear description of the type of therapy being provided, the therapist’s approach or theoretical orientation, and the expected course of treatment.

2. Risks and Benefits: A discussion of potential risks (e.g., emotional discomfort) and benefits (e.g., symptom relief, improved relationships) of therapy.

3. Confidentiality and its Limits: A statement that therapy is confidential, along with the legal and ethical exceptions to confidentiality, such as:

• Danger to self or others
• Suspected child, elder, or dependent adult abuse
• Court orders or subpoenas
• Supervision or consultation when applicable

When Can Therapists Break Client Confidentiality?

4. Fees and Billing: Information about session fees, payment policies, sliding scale availability (if applicable), late cancellation/no-show fees, and any third-party billing practices.

5. Client Rights: An explanation of the client’s right to terminate therapy at any time, request records, or file a complaint.

6. Therapist Credentials: A description of the therapist’s licensure status, education, and any relevant supervision if the therapist is an associate or trainee.

7. Contact and Emergency Procedures: Instructions for how to reach the therapist between sessions and what to do in the event of a crisis.

8. Telehealth Provisions: If offering services via telehealth, therapists must explain the risks and benefits of remote sessions, limitations regarding technology, and obtain specific consent for telehealth. Guide to Telehealth Rules for Therapists in California

Required “Notice to Clients” Language

The BBS and the Board of Psychology have similar requirements regarding providing notice to clients about where to direct complaints.

BBS Notice Requirements

In addition to the general informed consent provisions above, the BBS mandates that all licensees and registrants provide clients with a “Notice to Clients” statement in at least 12-point font. This notice must state:

“NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of [marriage and family therapists, licensed educational psychologists, clinical social workers, or professional clinical counselors]. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.”

You must also include the following specific information:

• The therapist’s full name as filed with the BBS
• The therapist’s license or registration number
• The type of license or registration (e.g., Licensed Marriage and Family Therapist, Associate Clinical Social Worker)
• The expiration date of the therapist’s license or registration

Therapists must also document in the client record that this notice was delivered.

See Senate Bill 1024 (2024); California Business & Professions Code Sec 4980.32, 4989.17, 4996.75, 4999.71.

Board of Psychology Notice Requirements

“NOTICE TO CONSUMERS: The Department of Consumer Affairs’ Board of Psychology receives and responds to questions and complaints regarding the practice of psychology. If you have questions or complaints you may contact the Board on the Internet at www.psychology.ca.gov, by e-mailing bopmail@dca.ca.gov, calling 1-866-503-3221 or writing to the following address:

Board of Psychology
1625 North Market Blvd, Suite N-215
Sacramento, CA 95834″

See California Business and Professions Code section 2936.

Further Resources

Guide to Legal and Ethical Requirements for Therapists in California

Guide to the Laws and Regulations for California Therapists in Private Practice

When Can Therapists Break Client Confidentiality?

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