Informed Consent Requirements by State for Therapists

Every state requires mental health professionals to obtain informed consent before initiating treatment, but the specifics differ: the age at which a minor may consent to their own mental health care ranges from 12 to 18, some states mandate a separate telehealth consent, and each state has its own consent statute and mandatory reporting law.

The table below compares informed consent requirements across all 50 states and the District of Columbia. Use it to check the rules for your state — or for a client's state, if you practice across state lines via telehealth.

What Informed Consent Must Cover

While the exact statutory language varies, informed consent documents in every state should address the same core elements:

• The therapist's license status, credentials, and qualifications
• The nature, goals, and expected duration of the proposed treatment
• Potential risks and benefits of treatment
• Confidentiality and its limits, including mandatory reporting obligations
• Fees, billing practices, and policies for missed or cancelled appointments
• The client's right to ask questions, refuse, or terminate treatment

Minor Consent

States take very different approaches to minors consenting to their own mental health treatment. Some allow minors as young as 12 to consent to outpatient therapy, others set the threshold at 14 or 16, and many require parental consent until age 18. Where the table shows Parental consent required, the state has no general minor consent provision for outpatient mental health care. Check the linked state guides — many states attach conditions such as session limits or restrictions on medication.