La. Admin. Code tit. 46 § LXIII-1311

Current through Register Vol. 50, No. 8, August 20, 2024

Section LXIII-1311 - Advertising and Other Public Statements

A. Avoidance of False or Deceptive Statements

1. Public statements include but are not limited to paid or unpaid advertising, product endorsements, grant applications, licensing applications, other credentialing applications, brochures, printed matter, directory listings, personal resumes or curricula vitae or comments for use in media such as print or electronic transmission, statements in legal proceedings, lectures and public oral presentations and published materials.

2. Psychologists do not knowingly make public statements that are false, deceptive or fraudulent concerning their research, practice or other work activities or those of persons or organizations with which they are affiliated.

3. Psychologists do not make false, deceptive or fraudulent statements concerning:

a. their training, experience or competence;

b. their academic degrees;

c. their credentials;

d. their institutional or association affiliations;

e. their services;

f. the scientific or clinical basis for or results or degree of success of, their services;

g. their fees; or

h. their publications or research findings.

4. Psychologists claim degrees as credentials for their health services only if those degrees were earned from a regionally accredited educational institution, or were the basis for psychology licensure by the state in which they practice.

B. Statements by Others

1. Psychologists who engage others to create or place public statements that promote their professional practice, products, or activities retain professional responsibility for such statements.

2. Psychologists do not compensate employees of press, radio, television or other communication media in return for publicity in a news item.

3. A paid advertisement relating to psychologists' activities must be identified or clearly recognizable as such.

C. Descriptions of Workshops and Non-Degree-Granting Educational Programs. To the degree to which they exercise control, psychologists responsible for announcements, catalogs, brochures or advertisements describing workshops, seminars or other non-degree-granting educational programs ensure that they accurately describe the audience for which the program is intended, the educational objectives, the presenters and the fees involved.

D. Media Presentations. When psychologists provide public advice or comment via print, Internet or other electronic transmission, they take precautions to ensure that statements:

1. are based on their professional knowledge, training or experience in accord with appropriate psychological literature and practice;

2. are otherwise consistent with this Chapter; and

3. do not indicate that a professional relationship has been established with the recipient.

E. Testimonials. Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence.

F. In-Person Solicitation. Psychologists do not engage, directly or through agents, in uninvited in person solicitation of business from actual or potential therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence. However, this prohibition does not preclude:

1. attempting to implement appropriate collateral contacts for the purpose of benefiting an already engaged therapy client/patient; or

2. providing disaster or community outreach services.

La. Admin. Code tit. 46, § LXIII-1311

Promulgated by the Department of Health, Board of Examiners of Psychologists, LR 431167 (6/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2353.