Informed Consent Requirements for Therapists in Massachusetts (MA)

Overview

Mental health professionals practicing in Massachusetts must provide informed consent before initiating treatment. This page summarizes the key requirements under Mass. Gen. Laws ch. 112, § 118 et seq., including minor consent rules, mandatory reporting obligations, and telehealth consent requirements.

Informed Consent Requirements in Massachusetts

• Therapist's licensure status, qualifications, and areas of specialization
• Explanation of treatment approach, methods, and expected duration
• Confidentiality protections and all exceptions under Massachusetts law
• Fee structure, insurance billing, and cancellation policies
• Client's rights under the Massachusetts Patients' Bill of Rights

Governing Statute

Mass. Gen. Laws ch. 112, § 118 et seq.

Minor Consent for Mental Health Treatment

Age of consent for minors: 16 years old in Massachusetts.

Minors age 16 and older may consent to outpatient mental health treatment. Younger minors may consent to substance abuse treatment.

Mandatory Reporting Requirements

Governing law: Mass. Gen. Laws ch. 119, § 51A

Psychologists are mandated reporters. Must file a report with DCF immediately by oral communication and follow up with a written report within 48 hours.

Telehealth Consent in Massachusetts

Separate telehealth consent required: Not explicitly required, but recommended as best practice.

Massachusetts does not have specific telehealth consent requirements beyond standard informed consent for psychological services.

Modality requirements: Video-based and audio-only telehealth are both permitted. Providers must use secure, HIPAA-compliant technology.

PSYPACT member: No — Massachusetts does not currently participate in PSYPACT. Out-of-state providers generally need MA licensure to treat clients located in Massachusetts.

Not currently a PSYPACT member (legislation has been introduced). Providers must hold a Massachusetts license to treat clients in the state.