Current through September 24, 2024
(1) Policy Statement. The lack of
sophistication on the part of many of the public concerning clinical pastoral
therapy services, the importance of the interests affected by the choice of a
clinical pastoral therapist and the foreseeable consequences of unrestricted
advertising by clinical pastoral therapists which is recognized to pose special
possibilities for deception, require that special care be taken by clinical
pastoral therapists to avoid misleading the public. The clinical pastoral
therapist must be mindful that the benefits of advertising depend upon its
reliability and accuracy. Since advertising by clinical pastoral therapists is
calculated and not spontaneous, reasonable regulation designed to foster
compliance with appropriate standards serves the public interest without
impeding the flow of useful, meaningful, and relevant information to the
public.
(2) Definitions
(a) Advertise - Means, but is not limited to,
the issuing or causing to be distributed any card, sign, or device to any
person, or the causing, permitting or allowing any sign or marking on or in any
building or structure, or in any newspaper, or magazine or in any directory, or
on radio or television, or by advertising by any other means designed to secure
public attention;
(b) Licensee -
Any person holding a license to practice as a Licensed Clinical Pastoral
Therapist. Where applicable this shall include partnerships and/or
corporations.
(c) Material Fact -
Any fact which an ordinary reasonable and prudent person would need to know or
rely upon in order to make an informed decision concerning the choice of
practitioners to serve his or her particular needs.
(3) Advertising Content. The following acts
or omissions in the context of advertisement by any licensee shall constitute
unethical conduct, and subject the licensee to disciplinary action pursuant to
T.C.A. §
63-22-110:
(a) Claims that the services performed,
personnel employed, or materials or office equipment used are professionally
superior to that which is ordinarily performed, employed, or used, or that
convey the message that one licensee is better than another when superiority of
services, personnel, materials or equipment cannot be substantiated.
(b) The misleading use of an unearned
degree.
(c) Promotion of
professional services which the licensee knows or should know is beyond the
licensee's ability to perform.
(d)
Techniques of communication which intimidate, exert undue pressure or undue
influence over a prospective client.
(e) Any appeals to an individual's anxiety in
an excessive or unfair manner.
(f)
The use of any personal testimonial attesting to a quality or competency of a
service or treatment offered by a licensee that is not reasonably
verifiable.
(g) Utilization of any
statistical data or other information based on past performances for prediction
of future services, which creates an unjustified expectation about results that
the licensee can achieve.
(h) The
communication of personal identifiable facts, data, or information about a
client without first obtaining client consent.
(i) Any misrepresentation of a material
fact.
(j) The knowing suppression,
omission or concealment of any material fact or law without which the
advertisement would be deceptive or misleading.
(k) Misrepresentation of credentials,
training, experience, or ability.
(l) Failure to include the corporation,
partnership or individual name, address, and telephone number of licensees in
any advertisement. Any corporation, partnership or association which advertises
by use of a trade name or otherwise fails to list all licensees practicing at a
particular location shall:
1. Upon request
provide a list of all licensees practicing at that location; and
2. Maintain and conspicuously display a
directory listing all licensees practicing at that location.
(m) Failure to disclose the fact
of giving compensation or anything of value to representatives of the press,
radio, television or other communicative medium in anticipation of or in return
for any advertisement (for example, newspaper article) unless the nature,
format or medium of such advertisement make the fact of compensation
apparent.
(n) After thirty (30)
days of the licensee's departure, the use of the name of any licensee formerly
practicing at or associated with any advertised location or on office signs or
buildings. This rule shall not apply in the case of a retired or deceased
former associate who practiced in association with one or more of the present
occupants if the status of the former associate is disclosed in any
advertisement or sign.
(o) Stating
or implying that a certain licensee provides all services when any such
services are performed by another licensee.
(p) Directly or indirectly offering, giving,
receiving, or agreeing to receive any fee or other consideration to or from a
third party for the referral of a client in connection with the performance of
professional services.
(q) Making
false, deceptive, misleading or fraudulent statements regarding fees.
(4) Advertising Records and
Responsibility
(a) Each licensee who is a
principal partner, or officer of a firm or entity identified in any
advertisement, is jointly and severally responsible for the form and content of
any advertisement. This provision shall also include any licensed professional
employees acting as an agent of such firm or entity.
(b) Any and all advertisements are presumed
to have been approved by the licensee named therein.
(c) A recording of every advertisement
communicated by electronic media, and a copy of every advertisement
communicated by print media, and a copy of any other form of advertisement
shall be retained by the licensee for a period of two (2) years from the last
date of broadcast or publication and be made available for review upon request
by the Board or its designee.
(d)
At the time any type of advertisement is placed, the licensee must possess and
rely upon information which, when produced, would substantiate the truthfulness
of any assertion, omission or representation of material fact set forth in the
advertisement or public information.
(5) Advertising Conduct
(a) Licensees who engage others to create or
place public statements that promote their professional practice, products, or
activities retain professional responsibility for such statements.
(b) If licensees learn of deceptive
statements about their work made by others, licensees or certificate holders
must make reasonable efforts to correct such statements.
(c) Licensees shall not compensate employees
of press, radio, television or other communication media in return for
publicity in a news item.
(d) A
paid advertisement relating to the licensee's activities must be identified as
such, unless it is already apparent from the context.
(6) Severability. It is hereby declared that
the sections, clauses, sentences and parts of these rules are severable, are
not matters of mutual essential inducement, and any of them shall be rescinded
if these rules would otherwise be unconstitutional or ineffective. If any one
or more sections, clauses, sentences or parts shall for any reason be
questioned in court, and shall be adjudged unconstitutional or invalid, such
judgment shall not affect, impair or invalidate the remaining provisions
thereof, but shall be confined in its operation to the specific provision or
provisions so held unconstitutional or invalid, and the inapplicability or
invalidity of any section, clause, sentence or part in any one or more
instances shall not be taken to affect or prejudice in any way its
applicability or validity in any other instance.
Authority: T.C.A. §§
4-5-202,
4-5-204, 63-1-145, 63-1-146,
63-22-102, 63-22-201, and 63-22-202.