Advice on offering free initial consultations

This forum made possible through the generous support of SDN members, donors, and sponsors. Thank you.

wellnesswarrior123

New Member
Joined
Jan 9, 2022
Messages
7
Reaction score
0
Initially posted this in a private forum and was advised to posted this publicly:

I'm a new therapist hoping to do private practice. I'm hoping to get some feedback on the benefits of offering free consultations to new therapy clients. From your those who have experience with this, what percentage (approximately) of clients who are offered initial free consultations establish care?

I want my clients to feel like they are a good fit before they commit, but I'm also I'm trying to figure out drawbacks of offering a free 10-15 min consultation, and if it's actually financially feasible in the long run.

Thanks!

Members don't see this ad.
 
We need many more details. Also, it is not as simple as a cost / benefit analysis. There are a multitude of ethical, legal, and clinical (as well as the financial you brought up) implications of initiating or not initiating this process.
 
Last edited:
  • Like
Reactions: 3 users
I don't believe you. But free consultations are a HORRIBLE idea.

1) You're giving away the highest paid service we have
2) You're establishing liability. Look up patient abandonment and record keeping laws. I have to worry about that for however many years for free?
3) You're setting the price point in a very dumb way that opens negotiations in a downward trend. That big zero changes the average cost in a substantial way, which insurance will use to downwardly negotiate in a time where cost of business is going up. Great job. Then patients can complain that you did something for free once, so why not again?
4) Every jerk trying to escape criminal liability or get on disability will abuse this system to establish a history of mental illness that supports their claim.
 
  • Like
Reactions: 4 users
Members don't see this ad :)
The downside? You complete 10 consultations a day and make zero for all of your time and effort.

Are you licensed? Most everyone I know is currently bursting at the seams with clients right now. What is the problem?
 
  • Like
Reactions: 1 users
I mean everywhere I have ever worked has offered free PHONE consultations to establish fit before getting someone into the office. This usually serves the purpose of filtering out people who are in need of a higher level of care. This is done at the clinician's convenience (often during cancelled slots, etc.) and definitely not a scheduled appointment that you commit to ahead of time. And this wouldn't be anything that involves assigning a diagnosis code or giving them written documentation. It's literally just "tell me about the things you're generally looking for help for, and if our payment structure works for you, so we can figure out if it's worth both of our time for me to actually evaluate you."

Edit: Ah, in light of the other thread suggesting maybe this is feeling out some kind of tech thing, if such services were in any way tracked or monitored I wouldn't engage with that.
 
Last edited:
  • Like
Reactions: 4 users
I mean everywhere I have ever worked has offered free PHONE consultations to establish fit before getting someone into the office. This usually serves the purpose of filtering out people who are in need of a higher level of care. This is done at the clinician's convenience (often during cancelled slots, etc.) and definitely not a scheduled appointment that you commit to ahead of time. And this wouldn't be anything that involves assigning a diagnosis code or giving them written documentation. It's literally just "tell me about the things you're generally looking for help for, and if our payment structure works for you, so we can figure out if it's worth both of our time for me to actually evaluate you."

Edit: Ah, in light of the other thread suggesting maybe this is feeling out some kind of tech thing, if such services were in any way tracked or monitored I wouldn't engage with that.

This is why a receptionist or virtual assistant is worth it. For all the reasons PsyDr gave above. If you are dead set on establining an initial fit for the work and fee structure, put a buffer between your license, liability, time, and the potential patient.
 
  • Like
Reactions: 1 users
Edit: Ah, in light of the other thread suggesting maybe this is feeling out some kind of tech thing, if such services were in any way tracked or monitored I wouldn't engage with that.

I am willing to bet money that this company is exploring telemedicine options, including the "first one is free!", and "we do all the required CMS medical improvement questionnaires for you!"
 
  • Like
Reactions: 1 users
This is why a receptionist or virtual assistant is worth it. For all the reasons PsyDr gave above. If you are dead set on establining an initial fit for the work and fee structure, put a buffer between your license, liability, time, and the potential patient.
If others like to delegate that part, I totally understand and respect that! But I find it very helpful to have spoken with all my patients before seeing them in person. I feel quite comfortable with being able manage my time boundaries and not overextend myself. I'm at a group practice that doesn't impose productivity standards, but I have my own internal benchmarks of billable hours that I try to hit, and as long as I'm on track it doesn't bother me to spend a small amount of admin time doing this. Perhaps part of it is that I work with personality disorders, so I don't fully trust a receptionist to feel out the interpersonal vibes I want to get a sense for, and also I tend to work with people for a longer period of time, than say, someone who's cranking out 8-week exposure treatments with a lot of turnover. And thus it's a smaller ratio of my time that I'm spending filling new openings. I am much happier with my work week when I can curate my caseload and work with people whose issues click with me. Like I'll extend the end of my day to add a new patient who is "my type", whereas other patients get offered the times that are convenient for me and if that doesn't work for them then I'm full. I also have "easier" and "harder" patients that I like to space out for my sanity's sake, and that's just based on what I find mentally exhausting and is hard for a third party to get right.

So I think a lot of this comes down to personal preference! No one should feel like they "owe" patients their time for free, but in some situations it can be a valuable investment of time.
 
If others like to delegate that part, I totally understand and respect that! But I find it very helpful to have spoken with all my patients before seeing them in person. I feel quite comfortable with being able manage my time boundaries and not overextend myself. I'm at a group practice that doesn't impose productivity standards, but I have my own internal benchmarks of billable hours that I try to hit, and as long as I'm on track it doesn't bother me to spend a small amount of admin time doing this. Perhaps part of it is that I work with personality disorders, so I don't fully trust a receptionist to feel out the interpersonal vibes I want to get a sense for, and also I tend to work with people for a longer period of time, than say, someone who's cranking out 8-week exposure treatments with a lot of turnover. And thus it's a smaller ratio of my time that I'm spending filling new openings. I am much happier with my work week when I can curate my caseload and work with people whose issues click with me. Like I'll extend the end of my day to add a new patient who is "my type", whereas other patients get offered the times that are convenient for me and if that doesn't work for them then I'm full. I also have "easier" and "harder" patients that I like to space out for my sanity's sake, and that's just based on what I find mentally exhausting and is hard for a third party to get right.

So I think a lot of this comes down to personal preference! No one should feel like they "owe" patients their time for free, but in some situations it can be a valuable investment of time.

What about the liability piece? What if someone tells you they want to kill themselves or someone else in that consultation? What about child or elder abuse? How do you handle documentation without going through informed consents? What is a patient files a complaint against you for what happened on that call and you have nothing to bring to your board CYA to document what occurred? Or they have a court case and bring to the court that they spoke with you? Etc etc
 
  • Like
Reactions: 3 users
With all reasons everyone explained above, it is generally not a good idea to offer free consultations to new therapy clients. In private practice, your clients choose to work with you after reviewing your profile and visiting your website or your group practice website. With PSYPACT, we have more flexibility with the deliveries of care, and clients have greater access to care. You will be so busy with referrals. If you are offering free consultations, you will realize you would need to adjust your booking availabilities with paying clients. Let's say your intakes are usually 60 mins and your follow-ups are 45 mins, how do you arrange your schedule around to fit in consultations. These will be the time slots that your paying clients won't be able to schedule with you. If free consultations are offered selectively, that could be perceived as some kind of discriminative practice. If you offer free consultations to everyone, that will be challenging when you are getting more new referrals. Before they schedule to see you, admin usually have them review and sign the Consent for treatment/consent for telehealth, Cancellation Policies, Communication Protocol between sessions, and other intake related paperwork. You can add an intake questionnaire to get relevant information that you can review before the first session.

 
Last edited:
  • Like
Reactions: 1 user
If anyone is actually doing this can you please call your malpractice insurance for a consultation and tell them you are doing this and report back what they say? Genuinely curious.
 
  • Like
Reactions: 2 users
In my practice, we call that initial appointment- the one where we do general background/screening for appropropriateness of our services for the client's needs- an "intake", and we bill the appropriate code for that service. It takes place only after insurance verification, consents, review of privacy practices, etc. I will only see clients in the context of an established professional relationship that includes a contract for services. Any thing else is too much of a liability, as well as sets the value of that service at $0. That will make for a bit of an issue if I later (or concurrently) bill another payor a non-0 amount for the same service.

Interestingly- my BCBA ethics code explicitly states that services can only rendered in the context of a paid professional arrangement.
 
  • Like
Reactions: 5 users
If others like to delegate that part, I totally understand and respect that! But I find it very helpful to have spoken with all my patients before seeing them in person. I feel quite comfortable with being able manage my time boundaries and not overextend myself. I'm at a group practice that doesn't impose productivity standards, but I have my own internal benchmarks of billable hours that I try to hit, and as long as I'm on track it doesn't bother me to spend a small amount of admin time doing this. Perhaps part of it is that I work with personality disorders, so I don't fully trust a receptionist to feel out the interpersonal vibes I want to get a sense for, and also I tend to work with people for a longer period of time, than say, someone who's cranking out 8-week exposure treatments with a lot of turnover. And thus it's a smaller ratio of my time that I'm spending filling new openings. I am much happier with my work week when I can curate my caseload and work with people whose issues click with me. Like I'll extend the end of my day to add a new patient who is "my type", whereas other patients get offered the times that are convenient for me and if that doesn't work for them then I'm full. I also have "easier" and "harder" patients that I like to space out for my sanity's sake, and that's just based on what I find mentally exhausting and is hard for a third party to get right.

So I think a lot of this comes down to personal preference! No one should feel like they "owe" patients their time for free, but in some situations it can be a valuable investment of time.
Seems like specializing in working with personality disorders would make it even more important to have good boundaries by delegating these tasks to support staff.
 
  • Like
Reactions: 1 user
Members don't see this ad :)
What about the liability piece? What if someone tells you they want to kill themselves or someone else in that consultation? What about child or elder abuse? How do you handle documentation without going through informed consents? What is a patient files a complaint against you for what happened on that call and you have nothing to bring to your board CYA to document what occurred? Or they have a court case and bring to the court that they spoke with you? Etc etc
Right so I've only worked as an employee at places that had pre-existing policies and legal consultants, this isn't just me winging it. The exact policies have varied state to state, but it's usually some iteration of having the person's name and contact info and in the event they do go suicidal in the screening call, they are directed to the ER or their info is given to 911 as a last resort. That has never happened for me or any of my coworkers during a screening call, but is the backup plan that the legal teams have been satisfied with. What is much more common is that we would refer them to an IOP program or something, which is usually caught in pre-screening but not always. In terms of documentation, the practice has generally been that the admin staff keeps a log of phone contacts, which they pre-screen for basic info before handing to the clinician, but these people are not entered into the larger patient documentation system until they are seen for an evaluation. So there's usually different levels of documentation for patients under our care vs people inquiring about treatment. Which again, the legal teams that are versed in our particular state laws have found to be sufficient. (But we would be specifically UNinterested in any kind of tech to "streamline" this process, which was the point of one of my prior comments about not wanting to systematically track this. Not that we don't document at all.) I do send several people per year to the ER from in person/telehealth sessions at my current job, but have never had to do it from a pre-intake phone call. In fact of the several jobs I've had, only one was the kind where admin would just put people onto my schedule for intakes without me ever interacting with them first, and I feel like I did a lot more crisis management with that set-up, which takes a lot more time and energy than referring someone out before they get to that point.

Edit: Oh and I forgot to address the child/elder abuse thing. So according to my state laws, I am obligated to report any specific information that is offered to me and exceeds certain thresholds of concern. But I am explicitly NOT expected to do detective work about what did or didn't happen. I am supposed to leave that up to child services. So if someone said something too vague to identify that most likely would be a non-starter, but I would seek guidance to see if I should still report the vague tip and let them investigate whatever they have to go on. If someone did swoop into a 10-minute first phone call and drop a name and specific child abuse allegation, I suppose I would have to report that. I guess the hairy part would be whether the person had an expectation of confidentiality during that pre-treatment contact. However, that confidentiality issue has not been a problem in terms of calling 911 for a suicide emergency, so my assumption is that similar rules would apply here. In any case what I would do is seek out my practice's legal consult, and my state board's ethics hotline for specific steps on how to proceed.
 
Last edited:
  • Like
Reactions: 1 user
Seems like specializing in working with personality disorders would make it even more important to have good boundaries by delegating these tasks to support staff.
That makes sense if you're coming from the assumption that any phone contact before an intake is automatically poor boundary-setting. But I think that assumption is premature and depends a lot on the particular work setting and treatment structure. At the practice I currently work for we have very clear expectations about what does and doesn't happen during these phone calls, that we all agree on and enforce consistently. And we are self-pay so all of our time is ultimately baked into the fee structure.

I've also had similar phone conversations with all of my own therapists before they had me in for first sessions. So I don't know if this is just something that varies regionally (perhaps state liability laws have something to do with it?), but in my experience as both a consumer and provider, it has been a very common practice for smaller private practices.

So I guess going back to the initial question, for any legitimate new therapists reading, maybe the best answer is to consult with people who practice in your specific state to see what is standard in your area.
 
Last edited:
  • Like
Reactions: 2 users
I think that depends a lot on the particular work setting and treatment structure. I understand that several people here think that having phone contact before an evaluation automatically means having poor boundaries, but at the practice I currently work for we have very clear expectations about what does and doesn't happen during these phone calls, that we all agree on and enforce consistently. Just because we offer some initial time free of charge doesn't mean it's limitless or has no rules. And we're self-pay, so all of our time is ultimately baked into the fee structure.

I've also had similar phone conversations with all of my own therapists before they had me in for first sessions. So I don't know if this is just something that varies regionally (perhaps state liability laws have something to do with it?), but in my experience as both a consumer and provider, it has been a very common practice for smaller private practices.

So I guess going back to the initial question, for any legitimate new therapists reading, maybe the best answer is to consult with people who practice in your specific state to see what is standard in your area.
I'm not saying you have poor boundaries, I'm saying that you're talking about a population that is often characterized by having poor boundaries and so extra steps to reinforce proper boundaries may be prudent.
 
  • Like
Reactions: 1 user
I'm not saying you have poor boundaries, I'm saying that you're talking about a population that is often characterized by having poor boundaries and so extra steps to reinforce proper boundaries may be prudent.
Whoops, sorry for late edit. Was in the middle of something and didn't realize my earlier draft posted.

No, I understood what you meant. I'm just saying that within the particular workflow of the places I've worked at, we viewed this as an extra step of helping us enforce boundaries. They talk to the admin staff first, and then we have an additional call to make SURE everything is clear before the intake. Whereas I feel like that extra step may not feel as needed with a more... interpersonally regulated population. Though I've still seen it commonly practiced. Like for example, we'll get people who massively misreport a conversation with our office manager. "Oh, well SHE told me that..." so it has ultimately been a time saver for everyone, for us to take a few minutes and confirm the message directly in our own words before we begin an official relationship. I understand that may not SOUND like a timesaver... but it really really is. And then more generally, because we are self pay I totally understand that people want to field a few questions about how we practice before they invest in a session, which I am fine with and have done with my own therapists.
 
  • Like
Reactions: 1 users
Right so I've only worked as an employee at places that had pre-existing policies and legal consultants, this isn't just me winging it. The exact policies have varied state to state, but it's usually some iteration of having the person's name and contact info and in the event they do go suicidal in the screening call, they are directed to the ER or their info is given to 911 as a last resort. That has never happened for me or any of my coworkers during a screening call, but is the backup plan that the legal teams have been satisfied with. What is much more common is that we would refer them to an IOP program or something, which is usually caught in pre-screening but not always. In terms of documentation, the practice has generally been that the admin staff keeps a log of phone contacts, which they pre-screen for basic info before handing to the clinician, but these people are not entered into the larger patient documentation system until they are seen for an evaluation. So there's usually different levels of documentation for patients under our care vs people inquiring about treatment. Which again, the legal teams that are versed in our particular state laws have found to be sufficient. (But we would be specifically UNinterested in any kind of tech to "streamline" this process, which was the point of one of my prior comments about not wanting to systematically track this. Not that we don't document at all.) I do send several people per year to the ER from in person/telehealth sessions at my current job, but have never had to do it from a pre-intake phone call. In fact of the several jobs I've had, only one was the kind where admin would just put people onto my schedule for intakes without me ever interacting with them first, and I feel like I did a lot more crisis management with that set-up, which takes a lot more time and energy than referring someone out before they get to that point.

Edit: Oh and I forgot to address the child/elder abuse thing. So according to my state laws, I am obligated to report any specific information that is offered to me and exceeds certain thresholds of concern. But I am explicitly NOT expected to do detective work about what did or didn't happen. I am supposed to leave that up to child services. So if someone said something too vague to identify that most likely would be a non-starter, but I would seek guidance to see if I should still report the vague tip and let them investigate whatever they have to go on. If someone did swoop into a 10-minute first phone call and drop a name and specific child abuse allegation, I suppose I would have to report that. I guess the hairy part would be whether the person had an expectation of confidentiality during that pre-treatment contact. However, that confidentiality issue has not been a problem in terms of calling 911 for a suicide emergency, so my assumption is that similar rules would apply here. In any case what I would do is seek out my practice's legal consult, and my state board's ethics hotline for specific steps on how to proceed.

I'd be very curious as to the state (which will of course vary) and federal legalities related to this as applied to an initial consultation. My personal (risk-averse) take would be that if you're providing a clinical service, even if you don't bill for it, you may be obligated to keep a record of that service to which the patient is entitled if they request it.

May not be applicable to your question, though, as you may have been planning to keep a record (treated the same way as other patient records) for the initial consultation.

It's not something I'd consider doing unless I were having difficulty filling a practice, and even then, would likely only move forward with it as a last resort. I think it's perfectly fine, as others have said, to screen folks to determine if you and they are a good fit. And maybe even to forego charging a patient if, during or after the first session, you decide you aren't the right provider for them (although you'd want to be sure to give them the appropriate referral information to avoid abandonment at that point). And to consider offering a certain number of sliding-scale appointment slots and/or pro bono services. But not a blanket free first consultation.

Then again, I don't do much therapy.
 
  • Like
Reactions: 1 users
I'd be very curious as to the state (which will of course vary) and federal legalities related to this as applied to an initial consultation. My personal (risk-averse) take would be that if you're providing a clinical service, even if you don't bill for it, you may be obligated to keep a record of that service to which the patient is entitled if they request it.

May not be applicable to your question, though, as you may have been planning to keep a record (treated the same way as other patient records) for the initial consultation.

It's not something I'd consider doing unless I were having difficulty filling a practice, and even then, would likely only move forward with it as a last resort. I think it's perfectly fine, as others have said, to screen folks to determine if you and they are a good fit. And maybe even to forego charging a patient if, during or after the first session, you decide you aren't the right provider for them (although you'd want to be sure to give them the appropriate referral information to avoid abandonment at that point). And to consider offering a certain number of sliding-scale appointment slots and/or pro bono services. But not a blanket free first consultation.

Then again, I don't do much therapy.

A similar issue came up on our state listserv recently, with someone reporting back on what their liability insurance said. In this case, the provider was asking about intake forms that patients filled out and sent back, but then never came in for an evaluation/therapy. Their insurance reported that even if the clinical service had not been rendered, the collecting of PHI constituted a professional relationship and record, and the provider was required to keep the forms for the time period stipulated by state law.
 
  • Like
Reactions: 4 users
I've never done these, largely for reasons outlined above about liability. I also don't take self-referrals, which is admittedly more easily done in an assessment only practice. Requiring a referral from another provider has helped cut down on the riff raff.
 
  • Like
Reactions: 3 users
I've never done these, largely for reasons outlined above about liability. I also don't take self-referrals, which is admittedly more easily done in an assessment only practice. Requiring a referral from another provider has helped cut down on the riff raff.

No referral order and no visit notes = no neuropsych assessment, at least on the clinical side for me.
 
  • Like
Reactions: 1 users
It is standard amongst psychologists in PP in my area to offer a 10-15 minute phone consultation before starting clinical services. This is the first time I’ve ever heard that it could be problematic from an ethics perspective. I belonged to a group of ECPs who met regularly to discuss ethics and starting up and this being an “issue” never came up. I personally am skeptical that as many clients would simply agree to an intake prior to a consultation even though I try to be clear on my website about my practices. Most of my consultations (the majority—I’d say 70%-80%) end in scheduling an intake because they already know the monetary policy but don’t know how I would work with them regarding their particular concern or my style, which is what they want to know from the consult. They also go by how well I connect with them in that 10-15 minutes.

How many of you just go from interest email/call to directly scheduling intakes without discussing fit or getting a sense of what they want from therapy and their concern? I’ve never heard of this. I see ethical issues with just accepting whomever and then letting the cards fall how they may—you get someone who has X problem you have no idea how to work with and you just wasted their money and time because now you immediately have to refer out and yet, they are also your client now until that transition happens. Or someone has higher acuity issues but you didn’t assess any of this at all and suddenly during intake you realize they aren’t appropriate for telehealth, which is all you offer, but now you have to help find them another clinician when everyone you know who sees clients in person is booked. This is problematic for many reasons.

How about people emailing you wanting therapy telling you many private details about depression, SI, anxiety but then don’t follow up with you or can’t afford your therapy? How about people who call you and speak about their problems but then you realize you aren’t a good fit? Are we now responsible for maintaining documentation for them too even though they aren’t our clients and never signed a consent form? At what point do we say people are NOT our clients yet so we aren’t responsible for the info they share? This is boxing psychologists into a corner if they’re responsible for people who haven’t even signed a consent form. From my perspective, when they sign a consent form, that’s when the documentation should begin. The liability could just keep going and going. My ultimate question is—where does the liability end if we now are responsible for maintaining all documentation from people who aren’t our clients?
 
Last edited:
  • Like
Reactions: 1 users
What about the liability piece? What if someone tells you they want to kill themselves or someone else in that consultation? What about child or elder abuse? How do you handle documentation without going through informed consents? What is a patient files a complaint against you for what happened on that call and you have nothing to bring to your board CYA to document what occurred? Or they have a court case and bring to the court that they spoke with you? Etc etc

What patient abandonment?
 
  • Like
Reactions: 1 users
When in doubt, consult your malpractice insurer and DOCUMENT IT: Date/Time/Topics Discussed/Their response., etc.

Edit: To PsyDr's point...there isn't pt abandonment bc you haven't established care. I've had cases that have had a referral and looked like a typical referral, and then they present and it's totally different. I don't want to get stuck with the patient, so I do my consult and I make it clear in the documentation about why I'm not going to take the case, and I provide a list of other local providers and hospitals.
 
  • Like
Reactions: 1 users
How many of us answering this question actually see clients for therapy in private practice currently? Curious.
 
I just started seeing a very small number of patients via telehealth only while keeping my full-time job. Currently, all my clients are through private insurances that I have been credentialed. No cash clients yet. Everything is new to me here, and I am learning lots of good stuff from this discussion. To clarify - therapy clients. No assessments, SSD, evaluation for academic accommodation, ESA letter....
How many of us answering this question actually see clients in private practice currently? Curious.
 
Last edited:
  • Like
Reactions: 1 user
Inserting this into the discussion:

Interesting article! I would never give clinical advice during a consult/screening, so that piece makes a lot of sense in terms of liability as a “don’t do this” scenario.

I also always preface with “this is just a brief call to see IF we’d be a good fit to work together.” This implies that there is no therapeutic relationship established yet and that someone else may be more appropriate.

However, I do gather a few details about the presenting concern and goal of therapy as part of the goodness of fit, which is where I break with the author (it’s not diagnostic, just a few clarifying questions to make sure I am competent to treat). In private practices that don’t provide on-call services, I also find that it’s important to screen for current acuity to insure appropriateness of telehealth, etc. I don’t want to establish a therapeutic relationship with someone who needs a higher level of care than I can provide.

Essentially the article is saying be clear to potential clients that it’s not therapy as a CYA and you’re fine. That’s very different from the message in this thread, which is that it’s not a good idea to provide brief consults for ethical reasons.
 
Last edited:
  • Like
Reactions: 5 users
Well, it's not as easy to simply say that it's not therapy or an evaluation. You also have to make sure you are not actually doing those things. This is where people can get into trouble, or actually be establishing that relationship. For example, I've seen a lot of intake paperwork that collects a lot of early information for diagnostic purposes. In essence, they've begin the evaluation at this point.

So, definitely doable, just make sure your process is pretty consistent and avoids certain things, and be sure you are also on the right side of your laws regarding record-keeping.
 
So, definitely doable, just make sure your process is pretty consistent and avoids certain things, and be sure you are also on the right side of your laws regarding record-keeping.

I liked the advice to keep it short (no more than ten minutes) and focus on explaining your treatment approach. I imagine what flows from that is documenting it as such.
 
How many of us answering this question actually see clients for therapy in private practice currently? Curious.
I run an assessment only practice that offers counseling, TBI education, and related interventions for existing patients. Since I do the evals, I usually have a good idea of which cases to keep and which to refer out. All high (psych) acuity cases get referred out.

I never planned on providing therapy services, but most of my top referrers kept asking, so I adjusted by hiring a counselor. I'm doing more therapy and intervention myself, but it's still only 20% or less of my time. It's not a trad therapy practice, but we provide a narrow set of counseling services.
 
Essentially the article is saying be clear to potential clients that it’s not therapy as a CYA and you’re fine. That’s very different from the message in this thread, which is that it’s not a good idea to provide brief consults for ethical reasons.
I had a call right before the holidays involving a head injury case and the person was trying to self-refer. In the course of <5min of me trying to understand the basics like how did the injury occur they said "As my doctor, I need a letter from you to the judge....".

At no point did I even offer to take the case, but then I had to make sure to reiterate there was no established relationship, they weren't my patient, my questions were informational to understand what they were requesting, and that they needed to look elsewhere bc I wasn't a fit for their needs. We may know what we mean, but we need to make it very clear to the patient inquiring.
 
Last edited:
  • Like
Reactions: 1 user
Well, it's not as easy to simply say that it's not therapy or an evaluation. You also have to make sure you are not actually doing those things. This is where people can get into trouble, or actually be establishing that relationship. For example, I've seen a lot of intake paperwork that collects a lot of early information for diagnostic purposes. In essence, they've begin the evaluation at this point.

So, definitely doable, just make sure your process is pretty consistent and avoids certain things, and be sure you are also on the right side of your laws regarding record-keeping.
If a symptom checklist is included as part of intake with consent forms that they sign concurrently, I'm not seeing how this is a problem in and of itself. Clients sign consent to treatment with the other intake forms. Also, now we have electronic forms signed online before intakes, so they complete them in the system right before they have the session and they're already added/established as a new client whether they no-show or not.
 
If a symptom checklist is included as part of intake with consent forms that they sign concurrently, I'm not seeing how this is a problem in and of itself. Clients sign consent to treatment with the other intake forms. Also, now we have electronic forms signed online before intakes, so they complete them in the system right before they have the session and they're already added/established as a new client whether they no-show or not.

From our talks with liability carriers, the symptom checklists does technically constitute the start of evaluation. It's not a huge issue, just that you are subject to record keeping and subpeona issues at that point. Vast majority of the time, not an issue, but at that point they are now technically your patient from a legal perspective in most jurisdictions. It's not so much an ethical issue at this point vs a legal issue. For example, they fill out those symptom questionnaires and do not become a patient. 5 years later a court order comes in for that data and you've shredded it? They can report you for that.
 
Essentially the article is saying be clear to potential clients that it’s not therapy as a CYA and you’re fine. That’s very different from the message in this thread, which is that it’s not a good idea to provide brief consults for ethical reasons.

*Legal* reasons, more so than ethical and clinical. Although not discounting those two.
 
From our talks with liability carriers, the symptom checklists does technically constitute the start of evaluation. It's not a huge issue, just that you are subject to record keeping and subpeona issues at that point. Vast majority of the time, not an issue, but at that point they are now technically your patient from a legal perspective in most jurisdictions. It's not so much an ethical issue at this point vs a legal issue. For example, they fill out those symptom questionnaires and do not become a patient. 5 years later a court order comes in for that data and you've shredded it? They can report you for that.

Just for fun: Is a person your patient if you haven't diagnosed or treated them? Screeners are not diagnostic instruments after all.
 
Out of curiosity to providers offering these, what do you record in terms of documentation over these consultations?
 
Just for fun: Is a person your patient if you haven't diagnosed or treated them? Screeners are not diagnostic instruments after all.

Sure maybe akin to medical vital signs. Like an MD taking blood pressure in this situation. It is clinical measurement, in the presence of a licensed professional.

Some things, like PHQ item 9 present a whole range of issues.
 
Just for fun: Is a person your patient if you haven't diagnosed or treated them? Screeners are not diagnostic instruments after all.

Legally and according to the liability people, if you've begun any semblance of evaluation, you have established that relationship. That includes asking about symptoms. Obviously, this is somewhat graded when it comes to things like abandonment, etc. For example, if, in that evaluation, you find out that you are not competent to treat what their presentation is, you should be good in informing them of that and providing appropriate referrals. But, you still legally have to retain those records for however many years your state says that you have to.
 
Legally and according to the liability people, if you've begun any semblance of evaluation, you have established that relationship. That includes asking about symptoms. Obviously, this is somewhat graded when it comes to things like abandonment, etc. For example, if, in that evaluation, you find out that you are not competent to treat what their presentation is, you should be good in informing them of that and providing appropriate referrals. But, you still legally have to retain those records for however many years your state says that you have to.

Well, sure. I don't think anyone would argue about records retention or providing adequate referrals. I think more at issue is the idea that a person becomes a patient if they any contact with a provider especially in the absence of diagnosis or treatment plan. It's more of an academic question: but how can provider be held liable for providing care for a person they haven't billed for service, no docuementation of a consent to treatment, assigned a dx etc.

Some things, like PHQ item 9 present a whole range of issues.

Right with the least of them being wholly psychological. That's why we don't use screeners to dx people.
 
Well, sure. I don't think anyone would argue about records retention or providing adequate referrals. I think more at issue is the idea that a person becomes a patient if they any contact with a provider especially in the absence of diagnosis or treatment plan. It's more of an academic question: but how can provider be held liable for providing care for a person they haven't billed for service, no docuementation of a consent to treatment, assigned a dx etc.



Right with the least of them being wholly psychological. That's why we don't use screeners to dx people.

The quick Google legalese definition I could find for doctor-patient relationship was: "a consensual relationship in which the patient knowingly seeks the physician's assistance and in which the physician knowingly accepts the person as a patient."

I don't know that it explicitly requires you bill the person or arrive at a diagnosis. I think many folks would agree that a brief 10 to 15 minute consultation likely isn't going to qualify, but a lot is going to depend on what you're doing during those 10 to 15 minutes. If you clarify at the outset that you're just trying to establish whether you can offer the services they want/need and that you aren't yet accepting them as a patient, and you stick primarily to describing the services you provide and your rates, I would imagine you're fine. If you do start administering formal (even screening-type) measures, IMO, you're venturing more toward establishing a doctor-patient relationship, even before having gone through informed consent. But I'm no expert.

The other aspect is just personal/professional opinion on the economics of it, whether it sets the stage for devaluation of services and resistance to payment down the line, etc.
 
Well, sure. I don't think anyone would argue about records retention or providing adequate referrals. I think more at issue is the idea that a person becomes a patient if they any contact with a provider especially in the absence of diagnosis or treatment plan. It's more of an academic question: but how can provider be held liable for providing care for a person they haven't billed for service, no docuementation of a consent to treatment, assigned a dx etc.

Right with the least of them being wholly psychological. That's why we don't use screeners to dx people.

It's not necessarily about any contact vs have you started to evaluate the person. If people are curious about this, I'd strongly urge they contact their liability carrier. You usually have free consults available through that service. For those who are boarded, ABPP also has free consultations.
 
The quick Google legalese definition I could find for doctor-patient relationship was: "a consensual relationship in which the patient knowingly seeks the physician's assistance and in which the physician knowingly accepts the person as a patient."

I don't know that it explicitly requires you bill the person or arrive at a diagnosis. I think many folks would agree that a brief 10 to 15 minute consultation likely isn't going to qualify, but a lot is going to depend on what you're doing during those 10 to 15 minutes. If you clarify at the outset that you're just trying to establish whether you can offer the services they want/need and that you aren't yet accepting them as a patient, and you stick primarily to describing the services you provide and your rates, I would imagine you're fine. If you do start administering formal (even screening-type) measures, IMO, you're venturing more toward establishing a doctor-patient relationship, even before having gone through informed consent. But I'm no expert.

The other aspect is just personal/professional opinion on the economics of it, whether it sets the stage for devaluation of services and resistance to payment down the line, etc.

I'm sure a lot rests of "knowingly" but I appreciate the perspective. I was more curious how the precedent was established in the first place, not so much reaching out for a free consultation on a service that I was already providing. That said, I think the devaluation of service is more the reason why I wouldn't offer this if I were in private practice. Time is money and a well written website/informed consent statement would probably be sufficient in most cases if only providing information is the goal.
 
  • Like
Reactions: 1 user
Top