How To Start A Mental Health Practice In South Carolina
1. Local Zoning Laws and Regulations in South Carolina
South Carolina boasts 46 counties. Before you settle on a location for your therapy practice—even if that location is your own home—you must make sure the local zoning allows you to operate there.
In cases where you aren’t typically allowed to operate a business in a certain area—for instance, a home business in a residential area—you can apply for a zoning variance. A variance is more or less an exception to zoning laws.
For information on whether you need to apply for a variance, what types of zoning your town or city recognizes, and what kind of business you can perform there, contact your local municipality or check the guide to land use planning for South Carolina.
2. Business Name Search in South Carolina
In South Carolina, it costs $10 to register an assumed name for your business. The fastest and easiest way to register your business name is through the South Carolina Secretary of State Business Entities Online.
If you’re a sole proprietor planning to do business under a name different from your “real and true” name—that is, your personal name as it appears on legal documents—you must register an assumed name. General partnership names must include the names of all partners, or else register an assumed name.
Before registering a name, check name availability. Note that, while South Carolina’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 South Carolina
- 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 South Carolina
To register your business in South Carolina, you need to do two things:
- File the business registration with the State
- Pay the filing fee. For a complete list of fees, see the South Carolina Secretary of State Business Entities Online.
Form a sole proprietorship in South Carolina
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 South Carolina.
Form a general partnership in South Carolina
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 South Carolina. Consider drafting a partnership agreement in order to easily resolve any future disputes between partners.
Incorporate in South Carolina
Filing fees: $110 to file Articles of Incorporation
- Choose a business name.
- 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.
- File your Articles of Incorporation and pay the fee using the South Carolina Secretary of State Business Entities Online.
Register a Limited Liability Company (LLC) in South Carolina
Filing fees: $110 to file Articles of Incorporation
- Choose a business name.
- 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.
- File your Articles of Organization and pay the fee using the Form.
Register a Limited Partnership (LP) in South Carolina
Filing fees: $10 to file a Certificate of Partnership
- Choose a business name.
- 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.
- File a Certificate of Partnership and pay the fee using the Form.
- Draft a partnership agreement. This isn’t required by law in the State of South Carolina, but it will help you stay organized and settle any disputes between partners.
Register a Limited Liability Partnership (LLP) in South Carolina
Filing fees: $100 to file a Certificate of Partnership
- Choose a business name.
- 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.
- File a Certificate of Partnership and pay the fee using the Form.
- Draft a partnership agreement. This isn’t required by law in the State of South Carolina, but it will help you stay organized and settle any disputes between partners.
5. Business Licenses & Permits in South Carolina
To operate in South Carolina, your therapy practice may require licenses or permits. These are handled at the federal, state, and local levels.
Luckily, therapy practices do not need any special federal permits or licenses to operate in South Carolina. And, outside of standard licensure for mental health practitioners, they also do not require permitting or licensing at the state level.
At the local level—meaning your municipality (town, city, etc.), you may be required to purchase a business license to operate. Contact your local permitting office for details.
The State level using South Carolina’s License Directory. The South Carolina Department of Labor, Licensing, and Regulation (LLR) offers an online platform that serves as a comprehensive resource for individuals and businesses related to various industries and professions regulated by the LLR in South Carolina. The platform covers a wide range of topics, including licensing and registration requirements, professional boards and commissions, laws and regulations, enforcement actions, and consumer protection. It provides easy navigation and a user-friendly layout, ensuring convenient access to specific information. Additionally, it offers online services, such as license lookup, online renewal, and complaint filing, enabling individuals and businesses to interact with the LLR more efficiently. The platform’s affiliation with the South Carolina Department of Labor, Licensing, and Regulation ensures the accuracy, reliability, and up-to-date nature of the information provided.
6. Business Insurance in South Carolina
The following types of business insurance are highly recommended for therapy practices operating in South Carolina:
- General Liability Insurance
- Commercial Property Insurance
- Business Income Insurance
- Professional Liability Insurance
- South Carolina 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 South Carolina 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 South Carolina Workers’ Compensation Commission. The South Carolina Workers’ Compensation Commission (SCWCC) serves as a comprehensive resource for employers, employees, and other stakeholders involved in workers’ compensation matters in South Carolina. It provides information, resources, and services related to workers’ compensation within the state. Users can find information on laws, regulations, and procedures in South Carolina, ensuring that employers and employees understand their rights and obligations. In addition, users can find forms, guidelines, and publications that are necessary for filing claims, managing disputes, and ensuring compliance with the workers’ compensation system.
7. Business Taxes in South Carolina
Every business earning income in South Carolina is required to pay state taxes. This comprehensive guide assists individuals and businesses in understanding the process of relocating to South Carolina. It offers detailed information and resources covering important topics such as tax obligations, vehicle registration, driver’s licenses, business licensing, and other legal requirements. The content is well-organized and presented in a clear and concise manner, making it easy for users to navigate and find the specific information they need. This resource is operated by the South Carolina Department of Revenue (SCDOR), ensuring the accuracy and reliability of the information provided. It serves as a valuable resource for anyone planning to move to South Carolina, providing them with the necessary information to ensure a smooth transition and compliance with state regulations.
