Mental Health Licenses
Created by FindLaw's team of legal writers and editors | Last reviewed November 06, 2019
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Choosing the right license for your career in therapy, counseling, or social work can be daunting. It can also have a major impact on starting a small business in the psychology industry. There are many types of mental health licenses to choose from, and your licensure can affect your career and business.
Each license can also have a legal impact on the actions you can and cannot take with a patient, such as prescribing medication or offering certain types of therapy.
Different Licenses or Master's Degrees and Their Legal Implications
Licenses may change per state law or vary in the specific field you enter. It is important to know the qualifications and limitations you face so you don't face business law issues or professional malpractice lawsuits.
| Type of degree | Typical Duties | Can They Prescribe Medication? |
| Master of Arts (MA) in Mental Health Counseling Master of Science (MS) in Mental Health Counseling |
|
No |
| School Psychologist |
|
No - unless your state specifically allows it |
| Clinical Psychologist |
|
No - unless your state specifically allows it |
| Licensed Marriage and Family Therapist (LMFT) |
|
No |
| Licensed Psychologist (LP) or Licensed Psychological Associate (LPA) |
|
No |
| Licensed Professional Counselor (LPC) or Licensed Mental Health Counselor (LMHC) |
|
No |
| Licensed Clinical Social Worker (LCSW) or Licensed Master Social Worker (LMSW) |
|
No |
| Doctor of Psychology (Psy.D.) in Clinical Psychology |
|
No |
| Doctor of Philosophy (Ph.D.) in Clinical Psychology |
|
No |
| Psychiatrist |
|
Yes |
| Mental Health Nurse Practitioner (MHNP) |
|
Yes |
| Physician's Assistant |
|
Yes |
| Nurse Practitioner |
|
Yes |
Starting a Mental Health Practice
The degrees and licenses you have may determine the career you can legally follow or if you can open your own mental health professional practice. It can also depend on the organization you are licensed through, such as being accredited through The Council for Accreditation of Counseling and Related Educational Programs(CACREP).
The industry of psychological services is highly regulated in each state and may have requirements on part-time or full-time clinical practice. An attorney that focuses on business compliance can help determine the steps you need to take to start a business compliant with your state, licensing organizations, state boards, and local organizations.
Lawsuits in Mental Health Practices
If you are facing a professional malpractice suit for an alleged illegal action outside of your degree or license, you need to speak with a malpractice defense attorney right away.
Next Steps
Contact a qualified business attorney to help you navigate your business's legal and regulatory landscape.
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