(1) Policy Statement. The lack of
sophistication on the part of many of the public concerning alcohol and drug
abuse counseling services, the importance of the interests affected by the
choice of an alcohol and drug abuse counselor, and the foreseeable consequences
of unrestricted advertising by alcohol and drug abuse counselors which is
recognized to pose special possibilities for deception, require that special
care be taken by alcohol and drug abuse counselors to avoid misleading the
public. The alcohol and drug abuse counselor must be mindful that the benefits
of advertising depend upon its reliability and accuracy. Since advertising by
alcohol and drug abuse counselors 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.
(a) Advertisement - Informational
communication to the public in any manner designed to attract public attention
to the practice of an alcohol and drug abuse counselor who is licensed to
practice in Tennessee.
- Any person holding a license to practice as a Licensed Alcohol and Drug Abuse
Counselor in the State of Tennessee. 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.
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
(a) Claims that the services performed,
personnel employed, 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, or equipment cannot be substantiated.
(b) The misleading use of an unearned
(c) Promotion of
professional services which the licensee knows or should know are beyond the
licensee's ability to perform.
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.
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
(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.
communication of personal identifiable facts, data, or information about a
client without first obtaining patient consent.
(i) Any misrepresentation of a material
(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.
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 makes the fact of compensation
(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.
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
false, deceptive, misleading or fraudulent statements regarding fees.
Advertising Records and
(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 or certified
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.
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 communication.
Use of Titles - Any person who possesses
a valid, current and active license issued by the Board that has not been
suspended or revoked has the right to use the title "Licensed Alcohol and Drug
Abuse Counselor" and to practice alcohol and drug abuse counseling, as
described in T.C.A. §§ 68-24-608 and 68-24-609. Any person licensed
by the Board to whom this rule applies must use the title authorized by this
rule in "advertising" [as that term is defined in rule
] he or she publishes or the failure to do
so will constitute an omission of a material fact which makes the advertisement
misleading and deceptive and subjects the licensed alcohol and drug abuse
counselor to disciplinary action pursuant to rule
(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 must make reasonable
efforts to correct such statements.
(c) Licensees do 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.