24.189.922    REPRESENTATION OF SELF AND SERVICES

(1) In representation of self or services, a licensee:

(a) shall display the behavior analyst's or assistant behavior analyst's current license to practice behavior analysis on the premises of the professional office;

(b) shall not represent oneself as a behavior analyst or assistant behavior analyst while the practitioner's license is currently suspended, revoked, or not renewed;

(c) shall not use fraud, misrepresentation, or deception in obtaining a behavior analyst or assistant behavior analyst license, in passing a behavior analyst or assistant behavior analyst licensing examination, in assisting another to obtain a behavior analyst or assistant behavior analyst license, or to pass a behavior analyst or assistant behavior analyst licensing examination;

(d) shall not aid or abet an unlicensed person in misrepresenting the person's professional credentials or in practicing when a license is required, or otherwise illegally engaging in the practice of behavior analysis;

(e) shall not promote the use of behavior analysis assessment techniques by unqualified persons;

(f) shall not use fraud, misrepresentation, or deception in billing clients or third-party payers, in providing behavior analysis or assistant behavior analysis services, in reporting the results of behavior analyst or assistant behavior analyst services, or in conducting any other activity related to the practice of behavior analysis.

(2) Regarding advertising, a licensee or license applicant:

(a) shall not engage in advertising that is false, fraudulent, or misleading;

(b) shall identify paid advertisements as such, unless it is already apparent from the context;

(c) shall not solicit testimonials from current clients, patients, or other persons who, because of their particular circumstances, are vulnerable to undue influence;

(d) shall not induce a client to solicit business on behalf of the behavior analyst or assistant behavior analyst;

(e) shall take professional responsibility when engaging others to create or place public statements that promote their professional practice, products, or activities.

(3) Regarding representation in the public arena, a licensee or license applicant:

(a) shall make reasonable efforts to prevent others whom they do not control (such as employers, publishers, sponsors, organizational clients, and representatives of the print or broadcast media) from making deceptive statements concerning behavior analyst or assistant behavior analyst practice or professional or scientific activities;

(b) shall make reasonable efforts to correct deceptive statements about their work or misuse of their work made by others;

(c) shall not compensate the press (radio, television, or other communication media), or their employees or supervisees, in return for publicity or a news item;

(d) shall not make public statements that are false, deceptive, misleading, or fraudulent (either by omission or commission) concerning licensee's research or practice, or concerning other work activities or those of persons or organizations with which they are affiliated;

(i) As examples (and not in limitation) of this rule, behavior analysts or assistant behavior analysts shall not make false or deceptive statements concerning their:

(A) training, experience, or competence;

(B) academic degrees;

(C) credentials;

(D) institutional or association affiliations;

(E) services;

(F) the scientific or clinical basis for, or results or degree of, success of their services;

(G) fees; or

(H) publications or research findings;

(e) shall, when providing advice or comment when a defined professional relationship does not exist, take reasonable precautions to ensure that the statements are based on appropriate behavior analysis literature and practice. Furthermore, the behavior analyst or assistant behavior analyst shall take reasonable precautions to ensure that the recipient of such information does not infer that a defined professional relationship has been established with the behavior analyst or assistant behavior analyst personally;

(f) shall not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential clients or other persons who, because of their particular circumstances, are vulnerable to undue influence. However, this does not preclude attempting to implement appropriate collateral contacts with significant others for the purpose of benefiting an already engaged client;

(g) shall not associate with, or permit the behavior analyst's or assistant behavior analyst's name to be used in connection with, any services or products in such a way as to misrepresent the services or products, the degree of the licensee's responsibility for the services or products, or the nature of the licensee's association with the services or products.

 

History: 37-1-131, 37-1-319, 37-17-406, MCA; IMP, 37-1-131, 37-1-316, 37-17-402, 37-17-405, 37-17-406, MCA; NEW, 2017 MAR p. 1656, Eff. 9/23/17.