by Connor D. Jackson, JD

Connor D. Jackson is a healthcare attorney based in Chicago who serves independent practices in several states. Visit his firm’s website here.

Truth In Advertising: Avoid These Land Mines When Marketing Your Therapy Practice

With the explosion of digital marketing, mental health professionals have more outlets than ever to promote their services. And when trying to drum up new clients, it’s natural to focus on using the medium, message, and imagery to stand out from competitors. 

But federal law and state practice acts don’t favor creativity or persuasiveness in marketing. Instead, they demand accuracy and transparency. We discuss the constraints that you need to understand when creating your public profile.

The Legal Definition of “Advertising”

Under the law, restrictions on advertising and marketing cover a broad scope of activities. Advertising refers to any public communication designed to attract business. Therefore, it includes websites, directories, author/speaker bios, business cards, online map listings, and everyday social media posts. In short, anything that potential clients can use to form an understanding of your services or qualifications falls under this term.

Representing Credentials

The American Counseling Association (ACA) Code of Ethics and American Psychological Association (APA) Ethical Principles prohibit members from directly or implicitly misrepresenting their qualifications. Counselors and psychologists cannot misstate their training, education, accreditation, or association membership status. Trainees and supervisees must disclose their status as such.

Though state practice acts vary in precise terminology, they mirror the ACA’s and APA’s prohibitions against false titles or credentials. It’s never acceptable to fudge your qualifications or imply that you have a degree or professional credential that you lack.

In California, for example, unless you are a Licensed Marriage and Family Therapist (LMFT), you should not advertise you can do “marriage consulting,” nor should you advertise you perform similar services to an LMFT.  Similarly, California mandates that unlicensed associates disclose that they are a supervised entity in all advertisements and not use any degree credentials.   

It’s crucial to stay abreast of your state’s most current terminology. Take Colorado’s nomenclature for unlicensed psychotherapists that are listed in the state’s registry. Until recently, they were called “registered psychotherapists.”  However, to potential clients, the term sounded like full licensure. In response, Colorado recently changed the title to “unlicensed psychotherapist” and sunsetted the older term. 

Washington provides a similar example of shifting terminology. In the early 2000s, Washington legislators created a “registered counselor” category as a catch-all for anyone who had not attained the master’s degree and thousands of clinical hours required for full licensure.

However, in 2008, after a Seattle Times exposé alerted the public to substandard care and sexual misconduct by untrained, poorly vetted Registered Counselors, Washington dropped the category. Today, anyone practicing therapy in Washington without full licensure must represent themselves as unlicensed and may not advertise or operate a “counseling” practice.

On the flip side, understating credentials also creates problems. For example, licensed professionals should never advertise clinical therapy as “coaching” to evade state laws. It doesn’t work — the laws will still apply!

Representing Products and Services

The Federal Trade Commission Act (FTCA) demands all claims be truthful and not misleading. In the context of health advertising, this means the Federal Trade Commission (FTC) will evaluate what express or implied claims are conveyed to consumers and whether reliable scientific evidence supports these claims. 

In evaluating the implied claims, the FTC looks to the “net impression.” The FTC asks, “Based on what the public generally understands the expressions in the advertisement to mean, is the ad truthful?”

The FTC also requires that information be presented clearly to avoid confusion. Thus, the FTC views omissions, such as not disclosing when clients receive payment for testimonials, as misrepresentations. Disclosures and disclaimers must be clear and conspicuous, not buried in the fine print or obscured by technical language that the typical consumer will not understand.

False, deceptive, or misleading claims are not solely the purview of federal law. Many state practice acts prohibit making scientific claims that are not substantiated by reliable, scientific evidence. 

To stay compliant with federal and state laws, 

• Avoid overstatements or black-and-white language that cannot be verified.
• Avoid superlatives such as “best” or “most.”
• Don’t offer “cures” and never promise that you can deliver a result, such as “zero anxiety” or “full recovery.”

Using Testimonials

Across all industries, testimonials serve as one of the most powerful, persuasive marketing tools. However, for mental health professionals, they require additional caution.

The American Psychological Association Ethics Code and the National Association of Social Workers Code of Ethics prohibit therapists from soliciting testimonials from current clients or anyone who may be vulnerable to undue influence because of their particular circumstances. The American Counselors Association goes further, prohibiting counselors from soliciting testimonials from former clients.

When a client independently volunteers to submit a testimonial, the therapist should explain all risks and obtain explicit, signed consent before publishing it. Moreover, the therapist must avoid violating the client’s confidentiality in keeping with the HIPAA Privacy Rule and state laws. 

As with all other advertising materials, the testimonial’s content must be truthful, including disclosing any compensation to the client. As the party benefiting from the testimonial, the therapist will likely be responsible for the content. 

The Keys to Compliance

In the end, compliant marketing boils down to four efforts:

1. Recognize that restrictions on advertising and marketing apply to a wide range of public-facing activities.
2. Disclose your education, training, license, and practice specialty areas with precision and according to your state’s regulations. Never inflate your credentials, even by suggestion.
3. Be conservative with claims about what your practice or style of therapy can achieve. Refrain from making statements that you cannot support with reliable data, such as peer-reviewed studies.
4. Tread cautiously with client testimonials by obtaining consent, protecting privacy, and ensuring that the content paints an honest picture.

Keep in mind that many marketing consultants and copywriters don’t understand the stringent guidelines surrounding healthcare. As a result, they may urge you to ask for testimonials or use language that skirts the truth. It’s also likely that you can find examples of competitors who appear to ignore the guidelines. 

Just remember that it’s your practice at stake. Ultimately, it’s you (and no one else) who bears responsibility for your advertising. With truth and transparency behind you, you’ll likely stay on the right side of the law and build more trust with potential clients. For help staying legal with your advertising, check out our advertising materials review services. 

Registries are an important part of any psychotherapist’s marketing strategy. Being listed on GoodTherapy lends you credibility and makes you easier for potential clients to find. Check out the whole host of perks that come with GoodTherapy membership and join today!

This article is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between Jackson LLP Healthcare Attorneys and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

How to Market Yourself as a Therapist in a Small Town

Learning how to market your therapy practice is an essential part of bringing in new therapy clients. If you are in a small town, it’s easy to think marketing doesn’t really apply to you, but learning to make shrewd marketing decisions is crucial to building your practice. Regardless of how small your community is, you can use marketing to help your town understand your practice’s value, turn to you when they need help, and recommend you when others are in need. Plus, especially if you’re offering services via telehealth, you can position yourself as an important resource to others who live in more rural areas of your state or province. 

How to Market Yourself as a Therapist

Marketing your therapy practice is an integral part of any private practice business plan. There are many different marketing goals that you could set for your practice, but ultimately, what you want is to be easy to find for the right sort of clients for you. Here are some ways you can make that happen. 

#1: Sign Up for a Directory

Most people looking for a therapist, no matter what their demographics, will start their search for a therapist online. When learning how to market yourself as a therapist, a directory can be a great tool. Directories like GoodTherapy help potential clients find a therapist in their area that offers the kind of services they need. Having a profile on a therapist directory can ensure you meet potential clients in the middle of their search. And before you ask, yes, we recommend signing up for more than one. Being findable consistently around the internet can have a big impact on the way potential clients view you. 

#2: Create a Website

Websites are a vital part of building an online presence. A therapy website should include information about your credentials, what you offer, who you help, and how people can reach out to you, but it’s so much more than that. We recommend creating a website with the support of Brighter Vision – they specialize in creating therapist websites that help you establish a strong online presence in an empathetic and understanding way. 

#3: Write a Blog

Blogging can be a great place to establish yourself in your niche. Many therapists have a blog as part of their practice website. Through blog articles, you can share your ideas and offer new insight and a better understanding of mental health topics to your community, while also demonstrating your approachability and expertise. This can also be an excellent outlet for talking about your specialties. By incorporating SEO strategies, you can use your blog to draw more people to your website who are searching for services online.

GoodTherapy members are invited to contribute unique, original content to the GoodTherapy blog, which enhances your online presence, gives more context to your profile, improves your SEO rankings, and helps you establish yourself as an authority in your niche. Not a GoodTherapy member yet? Learn more here. 

#4: Write for Your Local Paper

Writing a column or op-ed for your local paper can be a fantastic way to engage those in your community. You can use this platform to speak to mental health issues in your community, work to destigmatize mental health issues, and make yourself a trustworthy resource known in your area. 

#5: Take Part in Community Events

Community events are an easy way to get your name out there. Running a booth at an event, sponsoring a play or team, or taking out an ad in a program are great ways to market yourself as a therapist. The more people see you present and participating in the community as a professional, the more likely they are to reach out should they need help.

#6: Engage in Social Media

You don’t have to be a tech whiz to use social media marketing for your therapy practice. Not only is a professional social media presence a great way for people to find and learn about you, but it can also help you establish your identity as a therapist. Social media and mental health can be strong partners, especially as people try to curate their feeds to maximize positivity, growth, and inspiration. On these platforms, you can give a sense of what it’s like to be in therapy with you and keep yourself in front of potential clients. As a starting point, we recommend creating a professional Instagram account, even if just to share quotes by your favorite therapists, researchers, and writers. (Of course, sharing your own insights is also a great idea.)

People may reach out to you on social media outlets to ask about your practice and make appointments, so make sure to respond to the messages and comments you receive promptly.

#7: Leave Business Cards Everywhere

Leaving business cards everywhere you go can help you reach people you might not come across otherwise. Most coffee shops or local businesses have a place where other businesses can pin their card. You can also think outside of the box and market your therapy practice by leaving your business card on benches, bus stops, and other places people might find them.

Getting a GoodTherapy profile up and running is a great place to start marketing your therapy practice. Click here to view our membership options and sign up.

Already a member but not satisfied with your profile? Reach out to our support team for help!