There is no federal law in the US that requires signing a counselling contract for remote therapy. However, a signed contract is your defense against loss of money and time, your peace of mind, and your understanding with the client.
It shows you value clear communication and expectations, protecting both your client and yourself. For therapists running a private practice, a well-drafted contract is especially critical for establishing professionalism and legal protection from day one. Whether you refer to it as a counselling contract template or an online counselling agreement, having clear terms is essential.
"Contractual control, through its focus on the definition on the acceptable behaviors in the relationship and the penalties in case of violation of these rules, enables partners to make a more accurate assessment of the risks and the payoffs."
If you've decided that verbal agreements aren't for you and you need to draw up a contract for online counselling, you're in the right place. We've compiled advice from lawyers and your peers to help you with issues like:
- What clauses to include in a contract.
- How to sign the contract online.
- Whether you should mail a copy of the contract.
Learn how to simplify your practice workflow and free up more time for patients with Medesk.
Open the detailed description >>A Quick Legal Checklist
Before we get to the contract sections, make sure you meet the guidelines for a formal client contract in your private practice.
- Qualifications and registration. You must be licensed with a relevant state licensing board. Common credentials include Licensed Clinical Social Worker (LCSW), Licensed Professional Counselor (LPC), Licensed Marriage and Family Therapist (LMFT), and Licensed Psychologist. Display your credentials and license number on your website and social media profiles.
- HIPAA compliance. You must comply with the Health Insurance Portability and Accountability Act (HIPAA). Take all data security measures and store clients' information in a secure place, like electronic health records. Use only HIPAA-compliant platforms for communication, video sessions, and record storage.
- Insurance. We hope you have professional liability (malpractice) insurance to cover any potential issues during therapy.
Free Counselling Contract Template and Key Components
A well-crafted contract not only sets clear expectations but also fosters trust and accountability. Below is a ready-to-use counselling contract template you can copy, paste, and adapt for your practice. Replace all bracketed fields with your specific details. We have integrated the essential clinical components, such as the limits of confidentiality and emergency protocols, directly into the document to provide you with a comprehensive, single-source agreement.
COUNSELLING SERVICES AGREEMENT
Counselor: [Your Full Name], [License Type and Number], [State] Practice Name: [Practice Name] Address: [Street Address, City, State, ZIP] Phone: [Phone Number] | Email: [Email Address]
Client Name: [Client Full Name] Date of Birth: [MM/DD/YYYY] Phone: [Phone Number] | Email: [Email Address]
Effective Date: [Date]
1. Nature of Services and Goals [Counselor Name] agrees to provide individual therapy services aimed at supporting the Client's mental health and well-being. Therapy is a collaborative process and does not guarantee specific outcomes. Goals and objectives will be discussed in the first session and revisited periodically to ensure the treatment remains aligned with the client's needs.
2. Session Fees, Payment, and Billing The fee for each session is $[Amount], due at the time of service. Accepted payment methods include [credit/debit card, HSA/FSA card, check]. A late cancellation fee of $[Amount] applies to appointments cancelled with less than [24/48] hours' notice. If you are an in-network provider, list accepted insurance plans and estimated copays. If you are an out-of-network provider, clarify that a superbill can be provided for potential reimbursement.
3. Client Responsibilities and Boundaries Clients are expected to attend sessions punctually and provide advance notice for any cancellations. Client responsibilities also include respecting professional boundaries, communicating openly during sessions, and refraining from disruptive behavior. Therapy requires an active effort from the client to engage in the process outside of session times.
4. Confidentiality and Mandated Reporting All information shared during sessions is kept strictly confidential in accordance with HIPAA. As a licensed mental health professional, [Counselor Name] is a mandated reporter under [State] law. Exceptions to confidentiality include: imminent risk of harm to self or others, suspected child or elder abuse or neglect, or a court-ordered disclosure. Information may be shared with other healthcare professionals involved in the client's care only with their written consent.
5. Emergency Protocols This practice does not provide 24-hour emergency or crisis services. If you experience a mental health emergency outside of session hours, call 988 (Suicide and Crisis Lifeline), call 911, or go to your nearest emergency room. For urgent scheduling matters, contact [Phone Number].
6. Termination and Referral Either party may terminate this agreement with [one week's] written notice. In the event of termination, referrals to other qualified providers will be offered upon request.
7. Informed Consent By signing, the Client acknowledges they have read and understand this agreement, including the nature and risks of therapy, their right to ask questions at any time, and their right to withdraw consent.
Counselor Signature: ___________________________ Date: ___________
Client Signature: ___________________________ Date: ___________
When working online, HIPAA compliance is particularly critical due to the potential for information leakage online. Use only HIPAA-compliant platforms for video sessions, messaging, and record storage. Describe how you will store client data electronically and the security measures in place to protect it (for example, password protection and encryption).
Also, ensure the contract reflects sensitivity to diverse cultural backgrounds and values, and consider accommodations for clients with disabilities to ensure equal access to services.
Medesk helps automate scheduling and record-keeping, allowing you to recreate an individual approach to each patient, providing them with maximum attention.
Learn more >>Emergency Management Plan
A robust emergency management plan goes beyond simply listing crisis numbers. It establishes a clear, actionable framework for how you and your client will handle acute mental health crises, particularly when delivering remote therapy. This section of your contract should explicitly require the client to provide at least one emergency contact person, including their name and phone number, at the onset of treatment.
You must also document the client's exact physical location. In a remote setting, knowing the client's precise address ensures you can dispatch local emergency services (such as local police or EMS for a welfare check) if they are at imminent risk and unresponsive. Additionally, your agreement should outline a shared safety plan. This plan details which local emergency resources, urgent care facilities, or crisis hotlines the client agrees to utilize. Setting these boundaries protects the therapeutic relationship and ensures the client knows exactly what steps to take when immediate, life-saving intervention is needed outside of your clinical scope.
Telehealth and Technology Provisions
Delivering therapy remotely introduces unique technological risks that must be addressed in your contract. To meet these compliance standards, your telehealth consent form should clearly outline how technology will be used and what happens when it fails.
This section must specify exactly what happens if the video connection drops. Most therapists establish a rule that if the connection is lost for more than a few minutes, the therapist will call the client's phone to either complete the session verbally or reschedule. Additionally, verifying client location and identity at the start of every session is a critical safety measure. You must confirm where the client is physically located during the call to ensure you can provide local emergency resources if needed. Finally, the contract should state that the client is responsible for ensuring they are in a private, secure space free from interruptions to protect their own confidentiality.
Include a backup plan for unexpected platform outages and outline your responsibility for maintaining platform security and data encryption. It is also important for the client to take steps to protect their own internet security, such as using strong passwords.
Session Recording and Digital Signatures
Clearly state your policy on recording sessions. Include client consent requirements and how recordings will be stored and used. Address any situations where client information might be shared with third parties (e.g., emergency situations, court orders) and how consent will be obtained.
Therapy sessions will not be recorded unless both the therapist and client provide written consent beforehand. This consent can be withdrawn at any time by either party. If recording or sharing information with a third party is necessary, you will be provided with a written explanation of the reasons and will be asked to sign a separate consent form.
Legally binding digital signatures, which are types of esignatures, offer a convenient and secure way to finalise agreements without the need for physical paperwork. Various platforms and software solutions, such as DocuSign or Adobe Sign, enable parties to sign contracts electronically, providing an efficient alternative to traditional pen-and-paper signatures. For documents that require online notarization, such as affidavits, real estate agreements, or power of attorney forms, a digital notary can verify identities, witness signatures, and apply a tamper-proof seal to ensure legal validity.
Commercial and Common Law Commissioner, Stephen Lewis: "Electronic signatures can offer quicker and easier transactions for businesses and consumers."
There are several software options available for signing remote contracts electronically. We'll give you three examples:
Adobe Sign
Adobe Sign is a reputable electronic signature solution that enables users to sign documents remotely from any device. It integrates seamlessly with Adobe Acrobat and other Adobe products.
Signable
Signable is an electronic signature software that offers a user-friendly interface, customisable templates, and compliance features, making it a suitable choice for remote work contracts.
Dropbox Sign
Dropbox Sign, formerly HelloSign, is an electronic signature service integrated with the Dropbox platform. It allows users to send documents for electronic signature, track their status, and manage signed documents securely.
We use Dropbox at Medesk.
Frequently Asked Questions
- Do I legally need a counselling contract in the US?
No federal law mandates a signed counselling contract, but most state licensing boards and malpractice insurers strongly recommend one. A written contract protects both the therapist and client by clearly documenting consent, fees, and expectations before treatment begins.
- What should a counselling contract template include?
At minimum, a counselling contract should include therapist credentials, session fees, a cancellation policy, confidentiality limits, emergency contact procedures, and informed consent. Additional sections covering insurance billing, client responsibilities, and technology platforms are essential for comprehensive care and online therapy.
- How does HIPAA affect my counselling contract?
HIPAA requires that you provide clients with a Notice of Privacy Practices before or at the first session. Your contract should reference this notice, confirm the client has received it, and state that all platforms used for communication and record storage are HIPAA-compliant.
- Can a client use insurance to pay for therapy?
Yes. If you are an in-network provider, the client pays their copay and you bill the insurer directly. If you are out-of-network, the client pays your full fee and you provide a superbill for potential reimbursement.
- What happens if a client misses a session?
Your cancellation policy, which should be clearly stated in the contract, governs missed sessions. Most therapists charge a late cancellation or no-show fee unless the client provides at least 24 to 48 hours' notice. These fees are typically collected directly from the client.
- Can I use a digital signature on a counselling contract?
Yes. Electronic signatures are legally valid under the Electronic Signatures in Global and National Commerce (ESIGN) Act in the US. Platforms like DocuSign, Adobe Sign, and Dropbox Sign are widely accepted and provide a secure, auditable record of consent.
- What should I include in a telehealth and technology provision?
Your telehealth technology clause needs to explain what happens if the video connection drops, how you verify client identity and location, and the expectation that the client is in a private space. This ensures safety and compliance during remote sessions.
A Small Piece of Advice Instead of a Conclusion
Review and update your contract regularly to reflect any changes in technology, regulations, or your practice. Consult with a legal professional to ensure your contract complies with all relevant laws and ethical guidelines, including current HIPAA requirements and your state licensing board's standards.
Remember, this is not an exhaustive list, and the specific sections you need to include may vary depending on your practice and location. It's important to consult with a legal professional to ensure your counselling process is legally sound and the contract protects both you and your clients.
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