| (a) Information used by a licensee in any advertisement
or announcement of services may not contain information which is false,
misleading, deceptive, inaccurate, incomplete, out of context, or
not readily verifiable. Advertising includes any announcement of services,
letterhead, business cards, commercial products, and billing statements.
Only the highest academic degree earned from an accredited college
or university or only the highest academic degree earned at a foreign
university that has been determined to be equivalent to a degree from
an accredited institution or program by a member of the National Association
of Credential Evaluation Services and relevant to the profession of
therapy or a therapy-related field shall be used when advertising
or announcing therapeutic services to the public or in therapy-related
professional representations. A licensee may advertise or announce
his or her other degrees or equivalent degrees earned at foreign institutions
from accredited colleges or universities if the subject of the degree
is specified.
(b) False, misleading, or deceptive advertising or
advertising that is not readily subject to verification includes advertising
that:
(1) makes any material misrepresentation of fact or
omits a fact necessary to make the statement as a whole not materially
misleading;
(2) makes any representation likely to create an unjustified
expectation about the results of a health care service or procedure;
(3) compares a 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 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
are required;
(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 to or used by another profession or professional.
(c) The council 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. A licensee who retains or hires others to advertise
or promote the licensee's practice remains responsible for the statements
and representations made.
(d) All advertisements or announcements of therapeutic
services including telephone directory listings by a licensee must
clearly state his or her license status by the use of a title such
as "Licensed Marriage and Family Therapist," "LMFT," "Licensed Marriage
and Family Therapist Associate," "LMFT Associate," "Licensed Marriage
and Family Therapist Supervisor," "LMFT-S," or "LMFT Supervisor."
(e) A licensee may not include in advertising or announcements
any information or any reference to certification in a field outside
of therapy or membership in any organization that may be confusing
or misleading to the public as to the services or legal recognition
of the licensee.
(f) An LMFT or LMFT Associate holding a provisional
license must indicate the provisional status on all advertisements,
billing, and announcements of treatment by the use of the term "Provisional
Licensed Marriage and Family Therapist" or "Provisional Licensed Marriage
and Family Therapist Associate," as appropriate.
(g) If a licensee becomes aware of a misuse of licensee's
license certificate or misrepresentation of a licensee's services
or the results of licensee's services, the licensee must report the
misuse or misrepresentation to the Council within 30 days of becoming
aware of the misuse or misrepresentation.
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