How To Start A Mental Health Practice In Nevada

1. Local Zoning Laws and Regulations in Nevada

Nevada boasts 17 counties. The website Planning and Zoning, provides the Nevada Revised Statutes (NRS) related to the planning and zoning of land use in the state of Nevada. The NRS outlines the procedures for the development, modification, and administration of zoning regulations and plans. It also establishes the powers and duties of planning commissions and zoning boards, as well as the standards and requirements for subdivision and land development. Overall, the NRS is an important resource for understanding the legal framework for land use planning and zoning in Nevada.

2. Business Name Search in Nevada

In Nevada, it costs $25 to register an assumed name for your business. The fastest and easiest way to register your business name is through the Nevada Secretary of State Business Entities Online.

The purpose of this resource is to assist businesses in the process of reserving a name for their commercial recordings in Nevada. It includes detailed information on the importance of reserving a name, the necessary steps, and the fees. The main page provides a comprehensive overview of name reservation and its relevance to businesses. It offers easy-to-follow instructions on how to access and complete the name reservation form, whether online or through a paper filing. The form is available for download in a PDF format, enabling users to have convenient access to the form for printing and completion. The site also provides guidance on how to correctly fill out the form, including necessary information and any supporting documents. Furthermore, it offers information on the fees associated with name reservation, including filing fees and any additional fees for expedited processing. It also provides options for online payment and clear instructions on how to submit payments.

Before registering a name, check name availability. Note that, while Nevada’s name search tool allows you to search at the state level, since names are registered on a county by county basis, it’s possible for multiple businesses with the same name to operate, but in different counties.

When you register your business name, you can opt to have it registered in all counties at no extra charge.

3. Business Structure in Nevada

• The type of business structure you choose for your practice affects how your income is taxed and who may own shares in the practice. Each state has different business structures available for registration.
• *Only individuals working in regulated professions, which includes mental healthcare workers, are allowed to become members or shareholders.
• Sole Proprietorship
  • By default, when starting a business on your own, you are classified as a sole proprietor. This type of business structure is the most basic, as there is no legal or financial protection offered. Your business is not considered separate from yourself, meaning that any revenue or losses are directly tied to you personally.
• General Partnership
  • In a general partnership, all partners are considered general partners, meaning that they share legal and financial liability equally.
• Business Corporation
  • A profit corporation is a kind of corporation that is separate from its owners, who own shares in it. It can be one of two types: C corporation or S corporation. C corporations have their income taxed separately from the income of the shareholders, while S corporations pass on the tax liability to each shareholder. If a C corporation wants to become an S corporation. we recommends its clients form S corporations at the federal level for various reasons.
  • Individuals practicing certain professions are required to establish professional service corporations. A professional service corporation operates similarly to a business corporation but offers greater protections for shareholders in the event of a malpractice suit. To form a professional service corporation, all shareholders must be licensed and practicing the same profession.
• Limited Liability Company (LLC)
  • The LLC business structure provides limited liability protection like a corporation, but allows for flexibility in how it is taxed. Your accountant may suggest electing to be taxed as an S corporation or partnership depending on your circumstances.
• Professional Limited Liability Company (PLLC)
  • The PLLC business structure is similar to the LLC, but every member must be licensed by the state and provide certification when filing articles of formation with the Department of State. Therapists meet the requirements for licensed professionals. This structure offers additional legal protection for all members in the event of litigation brought against the organization, such as a malpractice suit from a patient.
• Limited Partnership (LP)
  • A limited partnership provides liability protection only for some of its members. To function as a limited partnership, there must be at least one general partner who is responsible for managing the partnership and making significant decisions, as well as at least one limited partner who is not involved in management and has limited liability. General partners have unlimited liability and are personally responsible for partnership debts, legal actions, and other obligations. Limited partners, on the other hand, are only responsible for their respective share of the partnership.
• Limited Liability Partnership (LLP)
  • An LLP, or Limited Liability Partnership, is a type of partnership that provides additional protection to its partners. It is frequently used by professionals such as lawyers, accountants, and therapists. The LLP structure safeguards each partner against the consequences of other partners’ professional misconduct. If one partner is sued by a client, the other partners are not held liable. In essence, it is the professional equivalent of a general partnership.
• Limited Liability Limited Partnership (LLLP)
  • The LLLP business structure is almost identical to the LLP business structure. The key difference is that a general partnership can opt to register as an LLP, while a limited partnership can choose to register as LLLPs.

4. Register Your Business in Nevada

To register your business in Nevada, you need to do two things:

1. File the business registration with the State
2. Pay the filing fee. For a complete list of fees, see the Forms & Fees.

Form a sole proprietorship in Nevada

Filing fees: No cost to form, fees apply to register an assumed name

Aside from registering an assumed name, there are no extra steps you need to take in order to form a sole proprietorship in Nevada.

Form a general partnership in Nevada

Filing fees: No cost to form, fees apply to register an assumed name

Aside from registering an assumed name, there are no extra steps you need to take in order to form a general partnership in Nevada. Consider drafting a partnership agreement in order to easily resolve any future disputes between partners.

Incorporate in Nevada

Filing fees: $75 to file Articles of Incorporation

1. Choose a business name.
2. Appoint a registered agent. This person must be over 18 and have an address within the state. They’re responsible for receiving all official communications from the State.
3. File your Articles of Incorporation and pay the fee using the Forms & Fees.

Register a Limited Liability Company (LLC) in Nevada

Filing fees: $75 to file Articles of Organization

1. Choose a business name.
2. Appoint a registered agent. This person must be over 18 and have an address within the state. They’re responsible for receiving all official communications from the State.
3. File your Articles of Organization and pay the fee using the Forms & Fees.

Register a Limited Partnership (LP) in Nevada

Filing fees: $75 to file a Certificate of Partnership

1. Choose a business name.
2. Appoint a registered agent. This person must be over 18 and have an address within the state. They’re responsible for receiving all official communications from the State.
3. File a Certificate of Partnership and pay the fee using the Forms & Fees.
4. Draft a partnership agreement. This isn’t required by law in the State of Nevada, but it will help you stay organized and settle any disputes between partners.

Register a Limited Liability Partnership (LLP) in Nevada

Filing fees: $75 to file a Certificate of Partnership

1. Choose a business name.
2. Appoint a registered agent. This person must be over 18 and have an address within the state. They’re responsible for receiving all official communications from the State.
3. File a Certificate of Partnership and pay the fee using the Forms & Fees.
4. Draft a partnership agreement. This isn’t required by law in the State of Nevada, but it will help you stay organized and settle any disputes between partners.

5. Business Licenses & Permits in Nevada

To operate in Nevada, your therapy practice may require licenses or permits. These are handled at the federal, state, and local levels.

The government have a website for Clinical Professional Counselors (CPC) Licensing. There are many resources include general licensing information, professional counselor licensing.

The Licensing website include all Nevada licensing.

To determine the licenses and permits required for operating a therapy practice in Nevada, research and identify the specific requirements. This may include obtaining a general business license, professional licenses, and any specialized permits related to your therapy services.

Contact the appropriate licensing agencies in Nevada to inquire about the specific requirements and application procedures. The Nevada Secretary of State’s page can provide links to the appropriate licensing authorities.

Obtain the necessary application forms for the licenses and permits you need. Fill out the forms accurately and provide any required supporting documentation.

Submit the completed application forms along with any required fees to the appropriate licensing agencies. Ensure that you adhere to any specified deadlines or submission requirements.

The licensing agencies will review your application and may conduct any necessary inspections or background checks. The processing time can vary depending on the specific license and permit you are applying for. Be patient during this stage and follow up if needed.

Once your application is approved, you will receive your licenses and permits. Ensure that you understand any renewal requirements and comply with all relevant regulations and standards.

6. Business Insurance in Nevada

The following types of business insurance are highly recommended for therapy practices operating in Nevada:

• General liability insurance
• Commercial Property Insurance
• Business Income Insurance
• Professional Liability Insurance
• Nevada worker’s compensation insurance

While shopping for insurance, look for a business owner’s policy (BOP). A BOP typically includes the three core types of insurance coverage: general liability, commercial property, and business income.

General liability insurance protects you in case of any damages you cause to someone else’s property or person. Since the State of Nevada puts no cap on liability lawsuit rewards, it’s important to make sure you’re well-covered. Aim for at least $1 million coverage.

Commercial property insurance protects property your therapy practice owns, like computers, business phones, or office furniture. It also protects the building where you operate, whether owned or rented.

Business income insurance covers you for loss of income due to specific circumstances. These include natural disasters, such as fire or storm damage; and man-made disasters, like theft.

Professional liability insurance covers you in case you are sued for libel or slander, for mishandling patient records, for providing inaccurate advice, or for otherwise causing harm in the process of practicing your profession.

If you have employees, you’re legally required to cover them with the Nevada Workers’ Compensation Commission. The website for the NAIW would probably provide a detailed guide on how to file a claim, including the necessary information, documents, and forms required for the claims process. To file a claim with the NAIW, a detailed guide is likely to be available, including downloadable forms that capture essential details such as policy information, incident description, and supporting evidence. Additionally, guidance on supporting documentation may be provided, which could include items like police reports, medical records, photographs, or any other relevant evidence.

7. Business Taxes in Nevada

Every business earning income in Nevada is required to pay state taxes. The website would likely provide general information about Nevada’s tax system, including details on various taxes imposed by the state, such as sales tax, use tax, property tax, income tax, and other relevant taxes. It may outline the tax rates, thresholds, and any exemptions or deductions available.

If you owe over $1,000 in state taxes, you’re required to pay that amount in quarterly installments.