|(a) Information used by a licensee in any advertisement
or announcement must not contain information which is false, inaccurate,
misleading, incomplete, out of context, deceptive or not readily verifiable.
Advertising includes, but is not limited to, any announcement of services,
letterhead, business cards, commercial products, and billing statements.
(b) False, misleading, or deceptive advertising or
advertising that is not readily subject to verification includes advertising
(1) makes any misrepresentation of fact or omits a
fact necessary to make the statement misleading;
(2) makes any representation likely to create an unjustified
expectation about the results of a mental health care service or procedure;
(3) compares a mental health care professional's services
with another health care professional's services unless the comparison
can be factually substantiated;
(4) contains a testimonial that includes false, deceptive,
or misleading statements, or fails to include disclaimers or warnings
as to the credentials of the person making the testimonial;
(5) causes confusion or misunderstanding as to the
credentials, education, or licensure of a mental health care professional;
(6) advertises or represents that health care insurance
deductibles or co-payments may be waived or are not applicable to
health care services to be provided if the deductibles or co-payments
(7) advertises or represents that the benefits of a
health benefit plan will be accepted as full payment when deductibles
or co-payments are required;
(8) makes a representation that is designed to take
advantage of the fears or emotions of a particularly susceptible type
of patient; or
(9) advertises or represents in the use of a professional
name a title or professional identification that is expressly or commonly
reserved for or used by another profession or professional.
(c) A licensee who retains or hires others to advertise
or promote the licensee's practice remains responsible for the statements
(d) The highest academic degree in counseling or a
counseling-related field earned from an accredited school may be used
when advertising or announcing counseling treatment intervention to
the public or in counseling-related professional representations.
A degree in counseling or a counseling-related field received at a
foreign university may be used if the degree would be accepted as
a transfer degree by an accredited school.
(e) Notwithstanding the foregoing, a licensee may advertise
or announce his or her other degrees from an accredited school if
the subject of the degree is specified.
(f) The board imposes no restrictions on advertising
by a licensee with regard to the use of any medium, the licensee's
personal appearance, or the use of his or her personal voice, the
size or duration of an advertisement by a licensee, or the use of
a trade name.
(g) All advertisements or announcements of counseling
including telephone directory listings by a person licensed by the
board must clearly state the licensee's licensure status by the use
of a title such as "Licensed Counselor", or "Licensed Professional
Counselor", or "LPC", or a statement such as "licensed by the Texas
State Board of Examiners of Professional Counselors."
(h) An LPC Intern must indicate intern status on all
advertisements, billing, and announcements of counseling treatment
by the use of the term "LPC Intern." On all advertisements, billings
and announcements of counseling treatment by an LPC Intern, the intern's
name must be followed by the name of the supervisor in the same type
size and font.
(i) A licensee is required to hold the art therapy
specialty designation in order to use the title "art therapist" or
the initials "AT." A licensee who does not hold the designation may
use art therapy as a counseling method but may not use the title or
(j) A licensed professional counselor who is a board-approved
supervisor may use the designation "LPC-S" when advertising their
|Source Note: The provisions of this §681.49 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective September 1, 2009, 34 TexReg 5535; amended to be effective September 1, 2010, 35 TexReg 7801; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844