CALIFORNIA SPEECH-LANGUAGE-HEARING ASSOCIATION

CSHA ADVERTISING STANDARDS AND CONDITIONS
ADOPTED BY CSHA BOARD OF DIRECTORS JUNE 2002

1. CSHA endorses equal employment opportunity practices and accepts only ads that are not discriminatory on the basis of race, color, sex, religion, age, national origin, sexual orientation, or physical handicap.

    

2. The acceptability of an ad for publication will be based upon legal, social, professional, and ethical considerations and must be in keeping with the professional policies of the California Speech-Language-Hearing Association.

    

3. CSHA reserves the right to refuse, reject, or cancel any ad for any reason at any time without liability, even though previously acknowledged or accepted. Acceptance of an ad does not imply CSHA’s endorsement of the product or service advertised. CSHA is not responsible for any claims made in an ad.

    

4. CSHA’s editoral committee reviews all ads for efficacy claims and language use. Advertisers making efficacy claims will be asked to provide research data to substantiate the claim.

    

5. Speech-language pathologists may not be referred to as therapists, speech therapists, or speech pathologists.

    

6. All camera-ready copy, artwork, photographs, and negatives received will be stored for 1 year and then destroyed, unless otherwise specified by the advertiser. CSHA assumes no responsibility for lost or damaged art.

    

7. Advertisers and advertising agencies assume responsibility for all contents of advertisements printed and each represents that it is fully authorized and/or licensed to publish the entire contents and subject matter contained in its advertisements including:

a.       the names, portraits, and/or pictures of living persons;

b.       any copyrighted material;

c.       any testimonials contained in any advertisement submitted to and published by CSHA. Advertiser and agency will also indemnify and save harmless CSHA, publisher, against all loss, liability, damage, and expense of any nature arising out of the copying, printing, or publishing of its advertisement, including without limitation reasonable attorney’s fees resulting from claims or suits for libel, violation of rights or privacy, plagiarism, copyright, and trademark infringement.

8. Position specifications stipulated on insertion orders will be treated as a request only and will not be binding on the publication.

    

9. The word “Advertisement” will be placed with copy that in the publisher’s opinion resembles editorial matter.

    

10. Rates, conditions, editorial calendar, and space units may change without notice.

     

11. Advertisements must adhere to the ethical principles and guidelines detailed in the American Speech-Language-Hearing Association’s Code of Ethics and Issues in Ethics Statement Public Announcements and Public Statements.

Adapted from American Speech-Language-Hearing Association (ASHA) Advertising Standards and Conditions.

ASHA CODE OF ETHICS (Last revised 11/16/01)

Preamble

The preservation of the highest standards of integrity and ethical principles is vital to the responsible discharge of obligations in the professions of speech-language pathology and audiology. This Code of Ethics sets forth the fundamental principles and rules considered essential to this purpose.

Every individual who is (a) a member of the American Speech-Language-Hearing Association,

whether certified or not, (b) a nonmember holding the Certificate of Clinical Competence from the Association, (c) an applicant for membership or certification, or (d) a Clinical Fellow seeking to fulfill standards for certification shall abide by this Code of Ethics.

Any action that violates the spirit and purpose of this Code shall be considered unethical. Failure to specify any particular responsibility or practice in this Code of Ethics shall not be construed as denial of the existence of such responsibilities or practices. 

The fundamentals of ethical conduct are described by Principles of Ethics and by Rules of Ethics as they relate to responsibility to persons served, to the public, and to the professions of speech-language pathology and audiology.

Principles of Ethics, aspirational and inspirational in nature, form the underlying moral basis for the Code of Ethics. Individuals shall observe these principles as affirmative obligations under all conditions of professional activity.

Rules of Ethics are specific statements of minimally acceptable professional conduct or of prohibitions and are applicable to all individuals.

Principle of Ethics I

Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally.

Rules of Ethics

A. Individuals shall provide all services competently.

B. Individuals shall use every resource, including referral when appropriate, to ensure that high-quality service is provided.

C. Individuals shall not discriminate in the delivery of professional services on the basis of race or ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

D. Individuals shall not misrepresent the credentials of assistants, technicians, or support personnel and shall inform those they serve professionally of the name and professional credentials of persons providing services.

E. Individuals who hold the Certificates of Clinical Competence shall not delegate tasks that require the unique skills, knowledge, and judgment that are within the scope of their profession to assistants, technicians, support personnel, or any nonprofessionals over whom they have supervisory responsibility. An individual may delegate support services to assistants, technicians, support personnel, or any other persons only if those services are adequately supervised by an individual who holds the appropriate Certificate of Clinical Competence.

F. Individuals shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed.

G. Individuals shall evaluate the effectiveness of services rendered and of products dispensed and shall provide services or dispense products only when benefit can reasonably be expected.

H. Individuals shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reason-able statement of prognosis.

I. Individuals shall not provide clinical services Solely by correspondence.

J. Individuals may practice by telecommunication (for example, telehealth/e-health), where not prohibited by law.

K. Individuals shall maintain adequate records of professional services rendered and products dispensed and shall allow access to these records when appropriately authorized.

L. Individuals shall not reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community.

M. Individuals shall not charge for services not rendered, nor shall they misrepresent,1 in any fashion, services rendered or products dispensed.

N. Individuals shall use persons in research or as subjects of teaching demonstrations only with their informed consent.

O. Individuals whose professional services are adversely affected by substance abuse or other health-related conditions shall seek professional assistance and, where appropriate, withdraw from the affected areas of practice.

Principle of Ethics II

Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.

Rules of Ethics

A. Individuals shall engage in the provision of clinical services only when they hold the appropriate Certificate of Clinical Competence or when they are in the certification process and are supervised by an individual who holds the appropriate Certificate of Clinical Competence.

B. Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.

C. Individuals shall continue their professional Development throughout their careers.

D. Individuals shall delegate the provision of clinical services only to: (1) persons who hold the appropriate Certificate of Clinical Competence; (2) persons in the education or certification process who are appropriately supervised by an individual who holds the appropriate Certificate of Clinical Competence; or (3) assistants, technicians, or support personnel who are adequately supervised by an individual who holds the appropriate Certificate of Clinical Competence.

E. Individuals shall prohibit any of their professional staff from providing services that exceed the staff member’s competence, considering the staff member’s level of education, training, and experience.

F. Individuals shall ensure that all equipment used in the provision of services is in proper working order and is properly calibrated.

Principle of Ethics III

Individuals shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions.

Rules of Ethics

A. Individuals shall not misrepresent their credentials, competence, education, training, or experience.

B. Individuals shall not participate in professional activities that constitute a conflict of interest.

C. Individuals shall refer those served profession-ally solely on the basis of the interest of those being referred and not on any personal financial interest.

D. Individuals shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.

E. Individuals’ statements to the public shall pro-vide accurate information about the nature and management of communication disorders, about the professions, and about professional services.

F. Individuals’ statements to the public—advertising, announcing, and marketing their professional services, reporting research results, and promoting products—shall adhere to prevailing professional standards and shall not contain misrepresentations.

Principle of Ethics IV

Individuals shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions.

Individuals shall uphold the dignity and autonomy of the professions, maintain harmonious inter-professional and intraprofessional relationships, and accept the professions’ self-imposed standards.

Rules of Ethics

A. Individuals shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.

B. Individuals shall not engage in dishonesty, fraud, deceit, misrepresentation, sexual harassment, or any other form of conduct that adversely reflects on the professions or on the individual’s fitness to serve persons professionally.

C. Individuals shall not engage in sexual activities with clients or students over whom they exercise professional authority.

D. Individuals shall assign credit only to those who have contributed to a publication, presentation, or product. Credit shall be assigned in proportion to the contribution and only with the contributor’s consent.

E. Individuals shall reference the source when using other persons’ ideas, research, presentations, or products in written, oral, or any other media presentation or summary.

F. Individuals’ statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.

G. Individuals shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.

H. Individuals shall not discriminate in their relationships with colleagues, students, and members of allied professions on the basis of race or ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

I. Individuals who have reason to believe that the Code of Ethics has been violated shall inform the Board of Ethics.

J. Individuals shall comply fully with the policies of the Board of Ethics in its consideration and adjudication of complaints of violations of the Code of Ethics.

1 For purposes of this Code of Ethics, misrepresentation

includes any untrue statements or statements that are

likely to mislead. Misrepresentation also includes the

failure to state any information that is material and that

ought, in fairness, to be considered.

American Speech-Language-Hearing

Association. (2001, December 26). Code of

ethics (revised). ASHA Leader, vol. 6 (23), p. 2.

-----------------------------

Ethics • Public Announcements and Public Statements 2001

Issues in Ethics Statements: Definition From time to time, the Board of Ethics determines that members and certificate holders can benefit from additional analysis and instruction concerning a specific issue of ethical conduct. Issues in Ethics statements are intended to heighten sensitivity and increase awareness. They are illustrative of the Code of Ethics and intended to promote thoughtful consideration of ethical issues. They may assist members and certificate holders in engaging in self-guided ethical decision-making. These statements do not absolutely prohibit or require specified activity. The facts and circumstances surrounding a matter of concern will determine whether the activity is ethical. This statement replaces an earlier statement of the same title to reflect changes in the name of the board from “Ethical Practice Board” to “Board of Ethics.”

General Principle

Public statements or announcements of services attributable to individuals should serve to provide accurate and adequate information to aid the consumer public in making informed choices in matters concerning the professions and the services rendered by their practitioners. This principle must be observed as an affirmative ethical obligation of all individuals, whether they act independently or represent an institution, agency, or organization.

General Guidelines

I. Announcement of services

A. Generally individuals may use as a guide the type of announcement customarily used by other professionals in their local communities. Individuals are encouraged, however, to include a simple listing of such of the following items as they consider appropriate:

1. Identification, using appropriate titles. “Speech-language pathologist” and “audiologist” are the official titles of professionals in the field of communication disorders.

2. Fees, listing fixed prices or a stated range of prices for specified professional services. When additional charges may be incurred for an integral part of the overall service, it shall be so stated.

3. Qualifications, including certification, licensure, education, experience, and biographical data.

4. Services, including specialties or restrictions.

5. Location, hours, and telephone number.

6. Staff, or associates’ names and qualifications.

B. In making information available to the consumer public, individuals are responsible for fairly and accurately representing their services and the professions so that the public is not misled about areas of competence. It is thus appropriate to list such items as certification, licensure, honorary awards, and accreditation of a service facility or training program by the Council on Professional Services Accreditation 1 or Council on Academic Accreditation in Audiology and

Speech-Language Pathology, but not to describe any particular expertise that supposedly results from any of those matters. Additionally, individuals should:

1. Avoid misrepresentations of the nature or extent of services provided.

2. Ensure that any fees and services listed are listed in a manner that is not misleading. For example, one level of service (diagnostic) may not be offered at a specified fee, when in fact a lower level of service (screening) is provided for that fee.

3. Not use laudatory comments or testimonials by implication or by quoting persons served professionally.

4. Not state or imply claims of unusual professional skills.

5. Not use comparisons between their abilities and those of other individuals.

6. Describe services, qualifications, facilities, staff, products dispensed, and so on, in a factual nonevaluative manner.

7. Use appropriate and accurate terminology, such as speech-language pathologist, audiologist, professional/clinical services, clinical management, and diagnosis and treatment.

8. Avoid “blind” listings in the classified section of newspapers or other periodicals. “Blind” listings are announcements that omit the name of the individual or agency offering services.

II. Promotional activities

A. In representing their services or professional products to the general public, individuals accept

the obligation to present information objectively and accurately and to avoid misleading the public by misrepresentation through implication, deception, exaggeration, half truths, or superficiality.

B. Individuals offering free speech or hearing screening should give those who need further services a choice of referral sources. Individuals should avoid participation in any activities recommending to the general public the use of any single-source product or service.

C. Individuals shall not use their affiliation with the American Speech-Language-Hearing Association to endorse the marketing and promotion of products, whether related or unrelated to the professions.

III. Other constraints on advertising

A. The rules set out in this statement are offered only as general guidelines for application of the Code of Ethics of the Association with regard to public statements and announcements. In addition, individuals may be subject to various state laws such as licensure laws. Individuals may be subject also to the regulations of the Federal Trade Commission governing the use of endorsements and testimonials in advertising. Individuals must be aware, therefore, that there are other restraints in the area of professional advertising, which, indeed, may be greater than those set forth in this statement. If ASHA guidelines should prove less restrictive in any respect, individuals must adhere to any higher standards that might be applicable. This statement does not purport to give legal advice in this regard.

Definitions

Individuals: All persons who are bound by the Code of Ethics.

Public statement: Any direct or indirect statement, suggestion, or implication, including but not limited to one that is made orally, in writing, pictorially, or by any other audio or visual means, or by any combination thereof.

Announcement of services: Any written or oral statement, illustration, sign, notice, or depiction that is designed to inform the public about professional services or products related to the field.

1981; revised 2001.

American Speech-Language-Hearing

Association. (2002). Public announcements and

public statements. ASHA Supplement 22.

Approved/Adopted CSHA Board of Directors June 2002