Current through Register Vol. 35, No. 18, September 24, 2024
A. Definition of public statements. Public
statements include but are not limited to paid or unpaid advertising,
brochures, printed matter, directory listings, personal resumes or curriculum
vitae, interviews or comments for use in media, statements in legal
proceedings, lectures, and public oral presentations.
B. Display of license. The psychologist shall
display his current New Mexico license to practice psychology, on the premises
of his primary professional office.
C. Misrepresentation of qualifications. The
psychologist shall not misrepresent directly or by implication his professional
qualifications such as type of licensure, education, experience, and areas of
competence.
D. Misrepresentation of
affiliations. The psychologist shall neither misrepresent nor permit the
misrepresentation of his professional qualifications, affiliations, or
purposes, or those of the institutions, organizations, products, and/or
services with which he is associated.
E. False or misleading information regarding
professional services. The psychologist shall not include false or misleading
information in public statements concerning professional services offered.
(1) When announcing or advertising
professional services and/or describing his professional qualifications, the
psychologist may list the following:
(a)
degrees obtained (Ph.D. or Psy.D.) and the area in which the degree is obtained
(clinical, counseling, or school);
(b) the institutions from which the degrees
were obtained;
(c) date, type, and
level of certification or licensure;
(d) diploma status; membership status in
professional organizations;
(e)
address; telephone number; office hours;
(f) a brief listing of the type of
psychological services offered;
(g)
an appropriate presentation of fee information;
(h) foreign languages spoken; and
(i) policy with regard to third-party
payments.
(2) Additional
relevant or important consumer information may be included if not prohibited by
other sections of the code. The psychologist must disclose and list whether his
New Mexico license is regular, provisional, temporary, emergency or inactive,
and include its expiration date.
(3) When announcing or advertising the
availability of psychological products, publications, or services, the
psychologist shall not display any affiliation with an organization in a manner
that falsely implies the sponsorship or certification of that organization. In
particular, the psychologist shall not offer professional organization or
fellowship status in a way that implies specialized professional competence or
qualifications. Public statements shall not contain:
(a) any statement likely to mislead or
deceive because it makes only a partial disclosure of relevant facts;
(b) a statement of a patient's laudatory
statements about the psychologist or his services or products;
(c) a statement intended or likely to create
false or unjustified expectations of favorable results;
(d) a statement implying unusual, unique, or
one-of-a-kind abilities;
(e) a
statement intended or likely to appeal to a prospective patient's fears,
anxieties; or emotions concerning the possible consequences of the prospective
client's failure to obtain the offered services;
(f) a statement concerning the comparative
desirability of offered service;
(g) a statement of direct solicitation of
individual clients.
F. Promotion of psychological services and
products. Psychologists associated with the development or promotion of
psychological devices, books, or other products offered for sale must ensure
that announcements and advertisements are presented in an accurate and truthful
manner.
(1) The psychologist shall offer his/
her services, products, and publications in an accurate and truthful manner,
avoiding statements or claims likely to deceive or mislead such as
misrepresentation through sensationalism, exaggeration, or superficiality. The
psychologist shall be guided by the primary obligation to aid the public in
forming their own informed judgments, opinions, and choices.
(2) The psychologist shall make efforts to
ensure that statements in catalogues, workshops, and seminar outlines are not
false, misleading, or inaccurate. Announcements, brochures, or advertisements
describing workshops, seminars, or other programs shall accurately represent
the intended audience, eligibility requirements, educational objectives, and
nature of the material to be covered, as well as the education, training, and
experience of the persons presenting the programs. The psychologist shall make
clear the nature of the services, costs, and other obligations to be accepted
by research participants whenever fees or clinical or other professional
services are offered as inducement.
G. Misrepresentation of services or products.
The psychologist shall not associate with or permit his name to be used in
connection with any services or products in such a way as to misrepresent:
(1) the services or products;
(2) the degree of his responsibility for the
services or products; or
(3) the
nature of his association with the services or products.
H. In-person solicitation. The psychologist
shall not engage, directly or through agents, uninvited, in-person solicitation
of business from actual or potential psychotherapy patients, or other persons
who, because of their particular circumstances, are vulnerable to undue
influence.
