The Texas Administrative Code: Rule §681.41, Subchapter B: Unethical Representations (Tex.Reg, 2021) (a) A licensee must not make any false, misleading, deceptive, fraudulent, or exaggerated claim or statement about the licensee’s services, including, but not limited to: (1) the effectiveness of services. (2) the licensee’s qualifications, capabilities, background, misrepresentations; exaggerated or false claims; or false, deceptive, or fraudulent statements about the licensee’s practice, services, qualifications, associations, or activities. If a licensee learns of a misrepresentation;
exaggerated or false claim; or false, deceptive, or fraudulent statement made by another, the licensee must take reasonable action to correct the statement. (y) A licensee must not evaluate any individual’s mental, emotional, or behavioral condition unless the licensee has personally interviewed the individual or the licensee discloses in the evaluation the licensee has not personally interviewed the individual. (z) A licensee must not knowingly overtreat a client. (aa)A licensee must not aid or abet the unlicensed practice of professional counseling by a person required to be licensed under the Act. (bb)A licensee must report to the Council knowledge of any unlicensed practice of counseling. (cc) A licensee or an applicant must not participate in the falsification of any materials submitted to the Council. (dd) A licensee must not provide services while impaired by a physical, mental, or medical condition or by medication, drugs, or alcohol.
training, experience, education, professional affiliations, fees, products, or publications; or (3) the practice or field of counseling. (b) A licensee must not make any false, misleading, deceptive, fraudulent, or exaggerated claim or statement about the services of a mental health organization or agency, including, but not limited to, the effectiveness of services, qualifications, or products. (c) A licensee must discourage a client from holding exaggerated or false ideas about the licensee’s professional services, including, but not limited to, the effectiveness of the services, practice, qualifications, associations, or activities. If a licensee learns of exaggerated or false ideas held by a client or other person, the licensee must take immediate and reasonable action to correct the ideas held. (d) A licensee must make reasonable efforts to discourage others whom the licensee does not control from making ACA Code of Ethics: Unethical Representations C.3. Advertising and Soliciting Clients C.3.a. Accurate Advertising When advertising or otherwise representing their services to the public, counselors identify their credentials in an accurate manner that is not false, misleading, deceptive, or fraudulent. C.3.b. Testimonials Counselors who use testimonials do not solicit them from current clients, former clients, or any other persons who may be vulnerable to undue influence. Counselors discuss with clients the implications of and obtain permission for the use of any testimonial. C.3.c. Statements by Others When feasible, counselors make reasonable efforts to ensure that statements made by others about them or about Counselors do not use their places of employment or institutional affiliation to recruit clients, supervisors, or consultees for their private practices. C.3.e. Products and Training Advertisements Counselors who develop products related to their profession or conduct workshops or training events ensure that the advertisements concerning these products or events are accurate and disclose adequate information for consumers to make informed choices. C.3.f. Promoting to Those Served Counselors do not use counseling, teaching, training, or supervisory relationships to promote their products or training events in a manner that is deceptive or would exert undue influence on individuals who may be vulnerable. However, counselor educators may adopt textbooks they have authored for instructional purposes. the counseling profession are accurate. C.3.d. Recruiting Through Employment
C.4. Professional Qualifications C.4.a. Accurate Representation
Counselors claim or imply only professional qualifications completed and correct any known misrepresentations of their qualifications by others. Counselors truthfully represent the qualifications of their professional colleagues. Counselors clearly distinguish between paid and volunteer work experience and accurately describe their continuing education and specialized training. C.4.b. Credentials Counselors claim only licenses or certifications that are current and in good standing. C.4.c. Educational Degrees Counselors clearly differentiate between earned and honorary degrees. C.4.d. Implying Doctoral-Level Competence Counselors clearly state their highest earned degree in counseling or a closely related field. Counselors do not imply doctoral-level competence when possessing a master’s degree in counseling or a related field by referring to themselves as “Dr.” in a counseling context when their doctorate is not in counseling or a related field. Counselors do not use “ABD” (all but dissertation) or other such terms to imply competency. C.4.e. Accreditation Status Counselors accurately represent the accreditation status of their degree program and college/university. C.4.f. Professional Membership Counselors clearly differentiate between current, active memberships and former memberships in associations. Members of ACA must clearly differentiate between professional membership, which implies the possession of at least a master’s degree in counseling, and regular membership, which is open to individuals whose interests and activities are consistent with those of ACA but are not qualified for professional membership.
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