24.189.2301 REPRESENTATION OF SELF AND SERVICES
(1) In representation of self or services, a licensee:
(a) shall display the psychologist's current license to practice psychology on the premises of the professional office;
(b) shall not represent him/herself as a psychologist while the practitioner's license is currently suspended, revoked or not renewed;
(c) shall not use fraud, misrepresentation or deception in obtaining a psychology license, in passing a psychology licensing examination, in assisting another to obtain a psychology license or to pass a psychology 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 psychology;
(e) shall not promote the use of psychological assessment techniques by unqualified persons;
(f) shall not use fraud, misrepresentation or deception in billing clients or third party payors, in providing psychological services, in reporting the results of psychological evaluations or services or in conducting any other activity related to the practice of psychology.
(2) In regard to 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 psychotherapy 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 psychologist;
(e) shall take professional responsibility when engaging others to create or place public statements that promote their professional practice, products or activities.
(3) In regard to 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 psychologists' 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, 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, 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, psychologists shall not make false or deceptive statements concerning their:
(A) training, experience or competence;
(B) academic degrees;
(D) institutional or association affiliations;
(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 psychological literature and practice. Furthermore, the psychologist 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 psychologist personally;
(f) shall not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential psychotherapy patients or 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 therapy patient;
(g) shall not associate with, or permit the psychologist'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 psychologist's responsibility for the services or products, or the nature of the psychologist's association with the services or products.
History: 37-1-131, 37-1-319, 37-17-202, MCA; IMP, 37-1-131, 37-1-316, 37-17-101, MCA; NEW, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282.