Md. Code Regs. 10.58.03.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.58.03.07 - Advertising, Public Statements, and Media Presentations

A. Advertising.

(1) A counselor may place advertisements with directories, newspapers, periodicals, radio or television stations, or on the internet.

(2) In placing advertisements or making other types of public statements, a counselor shall identify a counselor's credentials in a manner that is accurate and not false, misleading, deceptive, or fraudulent.

(3) A counselor may not place advertisements or make public statements that:

(a) Contain false, fraudulent, misleading, deceptive, or unfair statements or information;

(b) Contain partial disclosures of relevant facts that misrepresent, mislead, or deceive;

(c) Contain information or facts intended or likely to create false or unjustified expectations of favorable results;

(d) Misrepresent, either directly or by implication, a counselor's professional qualifications such as education, experience, or areas of competence;

(e) Misrepresent, either directly or by implication, a counselor's affiliations or the purposes or characteristics of institutions or organizations with which a counselor is affiliated;

(f) Contain representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived; or

(g) Contain representations that a counselor is willing to perform any procedure that is illegal under federal or State laws or regulations.

(4) If advertising on the internet, a counselor shall ensure that the advertisement contains the counselor's name, credentials, and certificate or license number.

(5) In advertising products, workshops, or training events, a counselor shall:

(a) Comply with this section; and

(b) Ensure that the information disclosed is adequate for consumers to make informed choices.

(6) A counselor holding a doctoral degree in a field other than counseling may not represent that doctoral degree as relating to status or practice as a counselor.

B. Public Statements.

(1) A counselor shall:

(a) Correct others who misrepresent a counselor's professional qualifications or affiliations;

(b) Abstain from soliciting testimonial endorsements from current clients or other persons who, because of particular circumstances, are vulnerable to undue influence;

(c) Abstain from engaging in uninvited, in-person solicitation of business from actual or potential clients or others who, because of particular circumstances, are vulnerable to undue influence; and

(d) In the capacity of teacher, ensure that statements in course outlines are accurate and not misleading, false, or deceptive, including statements regarding subject matter to be covered, the basis for evaluating progress, and the nature of the course experience.

(2) A counselor may not:

(a) Use the counselor's place of employment or institutional affiliation to solicit or recruit clients, supervisees, or consultees for a counselor's private practice;

(b) Use counseling, teaching, training, or supervisory relationships:

(i) To promote a counselor's products or training events in a deceptive manner; or

(ii) On persons who, because of circumstances, may be vulnerable; or

(c) Claim organizational membership in a manner that suggests specialized competence, training, or qualifications that a counselor does not have.

C. Media Presentations. A counselor providing commentary or advice in a public lecture, presentation, demonstration, radio or television program, prerecorded electronic medium, printed article, mailed material, internet, or other medium, shall ensure that:

(1) Statements made are based on current and appropriate professional counseling literature and methodology;

(2) Recipients of the information are not mislead or encouraged to infer that a professional counseling relationship has been established; and

(3) Statements are in conformance with this chapter.

Md. Code Regs. 10.58.03.07

Regulations .07 adopted effective October 1, 2001 (28:19 Md. R. 1685)