Ethical Standards

PURPOSE: This rule defines the form and content of ethical standards for speech pathologists, clinical audiologists, or both. For purposes of this rule, the term individual shall mean licensed speech pathologists, clinical audiologists, or both. (1) The protection of the public health, safety and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all individuals whose activities are regulated by the commission. (2) Individuals licensed by the commission shall— (A) Practice in a manner that is in the best interest of the public and does not endanger the public health, safety or welfare; (B) Be able to justify the need for all services rendered to clients; (C) Practice only within the competency areas for which they are qualified by training, experience, or both, within their scope of practice; (D) Report to the commission known or suspected violations of the laws and regulations governing the practice of speech pathology, clinical audiology, or both; (E) Use only those educational credentials and titles in association with their licensure and practice as a speech pathologist, clinical audiologist, or both, that have been earned at an accredited educational institution and that are directly related to speech pathology, clinical audiology, or both; (F) Use only indicators of current speech pathology, clinical audiology, or both, related credentials, such as the certificate of clinical competence, in association with their licensure and practice as professional speech pathologists, clinical audiologists, or both; (G) Neither accept nor give commissions, rebates or other forms of remuneration for referral of clients for professional services or professional products; (H) Ensure that fees and billing arrangements for services and products are available for review by the client; (I) Not reveal to unauthorized persons any professional or personal information obtained from the client served professionally, unless required by law or unless necessary to protect the welfare of the client or the community; (J) Ensure the welfare of clients is in no way compromised in any experimentation or research involving those clients; (K) Ensure when advertising their services to the public that this advertising is neither fraudulent nor misleading; (L) Not willfully or continually overcharge or overtreat clients, or charge for visits to the licensee’s office which did not occur unless the services were contracted for in advance, or for services which were not rendered or documented in the client’s record; (M) Not attempt, directly or indirectly, by way of intimidation, coercion, or deception, to obtain or retain a client or discourage the use of a second opinion or consultation; (N) Respond to all requests for information and all other correspondence from the commission; and (O) Ensure all audiometric instrumentation used is annually calibrated in accordance with the American National Standards Institute. (3) Individuals who dispense products to clients served professionally shall observe the following standards: (A) Products associated with professional practice must be dispensed to the client served as a part of a program of comprehensive habilitative care; (B) Fees established for professional services must be independent of whether a product is dispensed; (C) Clients served must be provided freedom of choice for the source of services and products; (D) Products dispensed to the client served must be evaluated to determine effectiveness; (E) If an individual initiates contact through direct mail or other advertisement promoting the sale of products, the individual shall display clearly on each promotional item the business/establishment name, the principal establishment’s AND INSURANCE street address and telephone number; and (F) Perform all services in conformance with federal law pertaining to speech-language pathology and audiology scope of practice. (4) Individuals who dispense products to clients served professionally shall not engage in unfair and deceptive practices, including the following. For purposes of this section, misrepresenting shall mean making misleading, deceiving, improbable, or untruthful representations, or in any other material respect, regarding the character, intent, or type of business. (A) Misrepresenting the brand, model, grade, quality, quantity, origin, novelty, price, cost, terms of sale, use, construction, size, composition, dimension, type, design, development, visibility, durability, performance, fit, appearance, efficacy, benefits, cost of operation, resistance to climatic conditions, physiological benefit, psychological benefit, or psychological well-being induced by any product; (B) Misrepresenting any service or adjustment offered, promised, or to be supplied to purchasers of any product; (C) Misrepresenting any material fact pertaining to the manufacturer, distribution, or marketing of any product; (D) Misrepresenting, directly or indirectly through the use of any word or term in his/her corporate or trade name, in his/her advertising, or otherwise that the individual is a manufacturer of products, batteries, parts, or accessories or is the owner or operator of a factory or producing company manufacturing such products; (E) Misrepresenting the scientific or technical knowledge, training, experience, or other qualifications of the individual, or of his/her employees, relating to the selection, fitting, adjustment, maintenance, or repair of any product; (F) Misrepresenting the repairability, including the cost thereof, or the adequacy of a prospective purchaser’s own product or ancillary equipment; (G) Misrepresenting in advertising or otherwise misrepresenting that a product has a guarantee, warranty, or promise similar in nature without a clear and conspicuous disclosure of— 1. The nature and extent of the guarantee; 2. Any material conditions or limitations in the guarantee which are imposed by the guarantor; 3. The manner in which the guarantor will perform the guaranteed services; and 4. The identity of the guarantor. The necessary disclosure requires that any guarantee made by the individual which is not binding upon the manufacturer must clearly state that the guarantee is offered by the individual only; (H) Omitting disclosure, either directly or by implication, that products have been used, or contain used parts. In such cases the individual shall make full and non-deceptive disclosure of such facts in all advertising and promotional literature relating to the product, on the container, box, or package in which such product is packed or enclosed and, if the product has the appearance of being new, on the product itself. The required disclosure shall be made by both verbal and written use of such words as “used,” “secondhand,” “repaired,” or “rebuilt,” whichever most accurately describes the product involved; (I) Misrepresenting the identity of the rebuilder of a product. If the rebuilding of the product was done by other than the original manufacturer, the individual shall disclose such fact whenever the original manufacturer is identified; (J) Representing, either directly or by implication, through the use of words or expressions that any product, device, or part is hidden or cannot be seen unless such is the fact or that a product utilizing bone conduction has certain specified features such as the absence of anything in the ear, or leading to the ear, or the like, without disclosing clearly and conspicuously that the product operates on the bone conduction principle; (K) Misrepresenting, either directly or by implication, that batteries sold only by such individual or bearing a specified brand, label, or other identifying mark are the only batteries suitable for use in a particular product when such is not the fact. It shall also be unethical to imply in any manner that a product does not need batteries when such is not the case; (L) Advertising or otherwise representing to prospective purchasers any statement which has the capacity and tendency or effect of misleading them into the belief that any product, or part or accessory therefore, is a new invention or involves a new mechanical or scientific principle, when such is not the fact. (M) Representing or using any seals, emblems, shields, or other insignia which represent, directly or by implication, that a product has been tested, accepted, or approved by any individual, concern, organization, group, or association, unless such is the fact and unless the product has been tested by such individual, concern, organization, group, or association in such manner as reasonable to insure the quality and performance of the product in relation to its intended usage and the fulfillment of any material claims made, implied, or intended to be supported by such representation or insignia; (N) Making any false, misleading, or deceptive representation, respecting testing, acceptance, or approval of a product by any individual, concern, organization, group, or association; and (O) Engaging in bait advertising as defined in Chapter 570, RSMo in determining whether bait advertising has been committed, consideration will be given to acts or practices that demonstrate that the advertising offer was not made in good faith for the purpose of selling the advertised product or service, but was made for the purpose of selling a product or service other than the product or service offered to the prospective purchaser. (5) The failure of the speech pathologist, clinical audiologist, or both, to abide by any ethical standard set forth in this rule shall constitute misconduct and likewise be grounds for disciplinary proceedings. AUTHORITY: sections 345.030 and 345.050, RSMo Supp. 2007 and section 345.065, RSMo 2000.* This rule originally filed as 4 CSR 150-4.080. Original rule filed July 1, 1988, effective Oct. 27, 1988. Moved to 20 CSR 2150-4.080, effective Aug. 28, 2006. Amended: Filed March 31, 2008, effective Sept. 30, 2008. *Original authority: 345.030, RSMo 1973, amended 1981, 1995, 1998, 2007; 345.050, RSMo 1973, amended 1981, 1984, 1985, 1986, 1990, 1995, 1998, 2005; and 345.065, RSMo 1973, amended 1981, 1995, 1998.