How to Open a Psychologist's Office: From Sole Proprietorship to an MoH License

Starting your own private practice is a logical step for a psychologist who wants to move beyond someone else’s schedule and someone else’s rules. Instead of working at a school, public hospital, or someone else’s center, you have your own space, your own methods, and your own pricing.

However, between the idea of a comfortable private psychologist’s office and actually running a practice, there is one aspect that most professionals consider last: the legal foundation.

Many psychologists operate in a “grey area,” not because they intend to violate the law, but because the legislation seems too complicated to navigate. A common misconception is: “I have a diploma and a rented office, so everything is fine.” In reality, operating without proper legal status creates an ongoing risk of fines, restrictions on official advertising, and other limitations that can hinder business growth.

How can you make your launch professional? How can you protect yourself from inspections and establish a status that inspires confidence among clients who are willing to pay for professional services? In this article, we will examine a step-by-step process for legalizing your practice and turning your psychologist’s office into an officially recognized practice.

Psychologist Sole Proprietorship Registration and Choosing the Right NACE Codes

Before renting an office, you need to officially register your business activity. For a psychologist running an individual practice, the optimal solution is registering as a sole proprietor. At the registration stage, you need to determine the single tax group and choose the correct codes for types of economic activity (NACE codes).

Psychologists usually choose the second or third single tax group for psychological practice. Which NACE code should a psychologist choose? The basic classification is provided below:

Licensing a Psychologist’s Practice: The Boundary Between Social Assistance and Medical Service

The main legal dilemma for most psychologists is the need to obtain a medical practice license. Is it actually required? The short answer is: it depends on how you identify yourself and your services in official documents.

In Ukraine, psychological activity lies at the intersection of the humanitarian and medical spheres. If you work exclusively within the scope of “social assistance,” a license is not required. However, as soon as your activities fall within the healthcare sector, they become subject to the Ministry of Health, and licensing becomes mandatory.

When a Psychologist Does NOT Need a License

You can work without a medical practice license (solely as a sole proprietor) if:

• you provide psychological counseling (addressing life problems, interpersonal conflicts, and coaching);
• your education is exclusively in the humanities (for example, a degree from a pedagogical university), and you do not present yourself as a clinical or medical specialist.

When a License Is MANDATORY for a Psychologist

Licensing is mandatory if medical care or activities equivalent to medical care are provided in the office. This includes:

• Psychiatrist: This is exclusively medical activity. Only a psychiatrist has the right to establish clinical diagnoses and prescribe medication (pharmacotherapy). Opening a private psychiatrist’s office without a license is legally impossible.
• Psychotherapist: In the Ukrainian legal framework, this is a medical specialty. You work with profound personality changes and the treatment of borderline conditions. A license in the specialty of “Psychotherapy” is required to lawfully use this term in the name of the office or in advertising.
• Medical psychologist: You provide psychoprophylaxis, psychocorrection, and support for patients with somatic and mental disorders. Such activities are considered medical care.
• Clinical psychologist: You work at the intersection of medicine and psychology, conducting pathopsychological diagnostics (testing memory, thinking, and other functions), rehabilitating patients after injuries, or correcting mental disorders as part of comprehensive therapy. This also constitutes medical practice.

You might also like: Psychological Online Platform: Is a Ministry of Health License Required?

Lawyer’s Warning: The “Simple Counseling” Trap

In our practice, we often encounter specialists who position themselves as counselors but in fact engage in medical activities. It is important to understand that if you work with depression, PTSD, anxiety disorders, or other conditions, you are already providing medical care, regardless of what is written on your office door sign or in your “profile bio.”

Working without a license in such cases is not an “administrative misunderstanding” but a real legal risk. A first complaint or inspection may result in your activities being recognized as unlawful. More information about liability for illegal medical practice is available here.

Psychologist’s Office Requirements: How to Pass a Ministry of Health Inspection

To obtain a medical practice license, your psychologist’s office must comply with DBN (State Building Codes) and sanitary regulations. The state must ensure that the premises are safe, functional, and accessible.

Premises Status

The office must be classified as non-residential premises. An apartment converted into an office will not be suitable unless it has been officially converted from residential to non-residential premises. The premises must be either owned or leased by you.

Area and Zoning

The minimum area of a psychologist’s or psychotherapist’s consultation room must be at least 15 m², with a ceiling height of at least 2.5 m. In addition to the workspace, the premises must have a waiting area for clients, a restroom, and a place for storing cleaning equipment.

Finishes and Utilities

The floor, walls, and ceiling must withstand wet cleaning and disinfection, such as linoleum, tiles, or washable paint. Natural lighting (a window) is mandatory, as is a washbasin in the office or in its immediate vicinity, depending on the layout of the premises.

Accessibility (Inclusivity)

The psychologist’s office must be accessible to persons with reduced mobility, including:

• a ramp or lift at the building entrance;
• doorways at least 90 cm wide;
• no high thresholds.

When submitting the licensing documents, you must also include an expert technical inspection report, specifically an accessibility report. This document confirms that a person using a wheelchair can access your office for an appointment.

Our company’s tip: The simplest option for a psychologist operating as a sole proprietor is to rent an office in an existing medical center or office building that already has an accessibility certificate. Basic requirements such as restrooms, ramps, and fire safety measures have already been met by the landlord. This significantly simplifies the licensing process.

In this context, our material may also be useful: Leasing Premises for Medical Practice: Ministry of Health Requirements and Lease Agreement

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Education, Category, and CPD Points for a Medical Psychologist: Documents Required by the Regulator

To obtain a medical practice license, the Ministry of Health checks not only whether you have a diploma, but also whether your qualifications correspond to the specific medical or healthcare specialty.

Educational requirements by specialty:

• Psychiatrist: Complete higher medical education (Specialist or Master’s degree in “Medicine”) + a specialist physician certificate in the specialty of “Psychiatry.”
• Psychotherapist: Complete higher medical education + a specialist physician certificate in the specialty of “Psychotherapy.”
• Medical psychologist: Higher education in “Medical Psychology” from a medical university or a psychology degree + specialization in “Medical Psychology.”
• Clinical psychologist: Higher education in “Psychology” + a certificate confirming completion of the relevant specialization or retraining course in “Clinical Psychology.”

Critical Rules on Certification and Professional Experience

It is important to remember that obtaining a specialist certificate does not grant the right to practice indefinitely. Under Ukrainian legislation, healthcare professionals, including psychotherapists and medical psychologists, are required to undergo certification every 5 years. This means that once every five years, you must confirm your qualifications and obtain a new certificate confirming the assignment or confirmation of a qualification category.

A critical rule regarding professional experience is that if more than 3 years have passed since the date of issue of your most recent specialist certificate or qualification category certificate, you must confirm your professional experience in the relevant specialty.

This means that if you have not officially worked in a hospital or center in your specialty for three years, as confirmed by your employment record or information from the relevant register, your certificate is considered “inactive” for licensing purposes. In such a case, you will first need to complete an internship or qualification restoration course.

It is also important to remember about Continuous Professional Development (CPD).

Every healthcare professional, including licensed medical psychologists and psychotherapists, must earn a certain number of CPD points each year, usually 50 points per year. This includes participation in conferences, training sessions, and educational courses.

When obtaining a license, you must confirm your current qualifications with up-to-date documents proving that you have completed relevant training in recent years.

Legal Protection of a Psychologist’s Practice: Agreement, Informed Consent, and Work with Minors

Many psychologists rely on a “therapeutic contract,” which is an oral agreement on the rules governing sessions. However, an oral agreement makes it significantly more difficult to prove the terms of cooperation and protect the psychologist in the event of a dispute. If you work legally, especially with a medical practice license, your relationship with the client should be documented in writing.

Psychological Services Agreement (or Public Offer)

This is your main civil law protection. If you attract clients online or provide services online, a public agreement (offer) must be posted on your website or service booking page. By paying for a session, the client accepts the terms of this agreement.

For offline appointments, a standard written service agreement is prepared. The agreement clearly defines:

• Scope of services: what exactly you provide (counseling, psychological correction, therapy).
• Financial terms: the session fee, payment procedure, and cancellation policy (for example, payment of 100% of the fee if canceled less than 24 hours in advance).
• Limits of liability: a psychologist cannot guarantee “happiness,” but guarantees the use of professional methods and compliance with ethical standards.
• Termination procedure: how to end the cooperation in an appropriate and lawful manner.

Informed Consent of a Psychology Patient

In medical practice, this is a mandatory document. Without signed informed consent, any intervention, including psychological intervention, may be interpreted as a violation of the patient’s rights.

This document minimizes the risk of allegations of “causing psychological harm.” By signing it, the client confirms that they:

• are familiar with the specialist’s methods of work (for example, Gestalt therapy, CBT, or psychoanalysis) and their specific features;
• have been warned about possible temporary emotional deterioration (crises, bringing up difficult experiences), which is a natural part of the therapeutic process;
• understand the limits of confidentiality. Confidentiality in a psychologist’s work may be limited in cases where there is a real threat to the life or health of the client or other persons, including when suicidal intentions are identified, in cases expressly provided for by law, and based on a court order.

Working with Minors and Personal Data Protection

Working with children and adolescents requires particular attention to obtaining consent from their legal representatives.

• If the client is a child under 14 years of age, the psychological services agreement and informed consent must be signed by the parents or guardians.
• When working with adolescents aged 14 to 18, it is also recommended to obtain written consent from the parents or other legal representatives, especially when providing regular or long-term psychological support.

If an adolescent seeks help independently without adult accompaniment, a psychologist may conduct an initial introductory or crisis consultation in the child’s interests. At the same time, for further systematic work, it is advisable to obtain written consent from the legal representatives in order to properly confirm consent to receive psychological services and minimize potential legal risks.

Consent to personal data processing. Do not forget about the GDPR (when working with clients from the EU) and Ukrainian personal data protection legislation. Since you collect health information, which constitutes “sensitive data,” you must obtain written consent for its storage and processing.

Ensure that measures are in place to prevent third parties from accessing your records, including storing paper files in a safe and using passwords and encryption on electronic devices. When using online calling services such as Zoom, Google Meet, or Skype, make sure that the communication channels comply with data transmission security standards.

Legal Advice: Why Do You Need This?

Having a signed agreement and informed consent automatically places you in the category of a bona fide service provider.

Our clients often ask: “Won’t this scare people away?” Experience shows the opposite: signing official documents increases the client’s level of trust. It signals that the person is dealing with a specialist who takes responsibility for their work and respects the law. In the event of unfounded claims from a client (“it didn’t help me,” “you harmed me”), these documents will serve as the key evidence in your favor in court or during pre-trial settlement.

Why Attempts to Open a Psychologist’s Office Independently Often Fail

When a psychologist decides to open an office independently, they usually take an intuitive approach: register the first suitable sole proprietorship group, rent attractive premises in the city center with designer renovations, and start preparing to receive patients.

The cost of a mistake at this stage can be critically high:

• Renting “unsuitable” premises: A psychologist signs a one year lease, pays the first and security months, and then, when attempting to submit the licensing documents, discovers that the building is classified as residential premises or does not have the technical capacity to obtain an accessibility report for persons with reduced mobility (inclusivity). The result is lost money and the need to find a new location.
• Incorrect positioning (fines for operating without a license): A specialist launches advertising on Instagram or Google using terms such as “psychotherapy,” “anxiety treatment,” or “working with PTSD” without having a medical practice license. The legislation classifies this as conducting business activities without obtaining the required license (Article 164 of the Code of Ukraine on Administrative Offenses), which may result in a fine of up to UAH 34,000 with confiscation of money obtained as a result of the offense.
• Bureaucratic loop at the Ministry of Health: Independently submitting licensing documents through the electronic services portal without experience working with licensing requirements ends in refusal in approximately 40% of cases due to technical errors in the application, information about the material and technical resources, or inconsistencies in the wording of diplomas and certificates. Each refusal delays the launch of the practice by at least one month.

Legal Assistance in Opening a Psychologist’s Office: Why Choose “Legal Assistance”

Opening a psychologist’s office means not simply renting premises, but building a legally protected practice. The process requires in-depth knowledge of medical, tax, and commercial law. Independent attempts to understand the requirements of the Ministry of Health and DBN often result in wasted time, licensing refusals, and financial losses. Our team will help you complete this process without risks, fines, or bureaucratic chaos.

We will provide:

1. Legal business registration. We will assist with sole proprietorship registration and select the appropriate NACE codes that will allow you to operate legally, from counseling to medical care.
2. Location assessment. We will advise you on whether your office complies with legal requirements, including non-residential status, accessibility, and floor area, so that you do not waste money renting “unsuitable” premises.
3. Scaling consultations. We will advise you on how to properly add new specialists to your office or expand the range of services within the law.
4. Obtaining a medical practice license. Full support for psychiatrists, psychotherapists, and medical psychologists, from auditing your diplomas to obtaining the Ministry of Health order.

We have specialized in medical law for more than 16 years and know all the practical aspects of licensing. Contact us to start your private practice with confidence and in full compliance with the law.

Learn more about obtaining a license for a psychologist here.