Advertising Treatment Outcomes

Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.

No one except a licensed behavior analyst (LBA) or certified behavior analyst assistant (CBAA) may use the titles "licensed behavior analyst" or “certified behavior analyst assistant.”
A LBA or CBAA may only use the official title of “licensed behavior analyst” or “certified behavior analyst assistant” in advertising. Licensees in other professions that may practice applied behavior analysis may not use the titles of “licensed behavior analyst” or “certified behavior analyst assistant,” but may indicate that they provide the service in their advertising.

Similarly, any areas of specialty may be mentioned separately, but not as part of the official title, i.e., Jane Smith, Licensed Behavior Analyst, specializing in Early Intervention, NOT Jane Smith, Licensed Early Intervention Behavior Analyst).
The initials used in connection with a licensed behavior analyst's or a certified behavior analyst assistant’s name are "LBA" or "CBAA." The licensee’s title should be listed after the person’s name, i.e., Jane Smith, LBA.
When advertising ABA services, LBAs and CBAAs may not make statements that are false, deceptive, misleading, or fraudulent, either because of what they state, convey, or suggest or because of what they omit, concerning their research, practice, or other work activities or those of persons or organizations with which they are affiliated.

As examples (and not in limitation) of this standard, LBAs and CBAAs may not make false or deceptive statements concerning:
1. their training, experience, or competence;
2. their academic degrees;
3. their credentials;
4. their institutional or association affiliations;
5. their services;
6. the scientific or clinical basis for, or results or degree of success of, their services;
7. their fees; or
8. their publications or research findings.
When LBAs and CBAAs provide advice or comment by means of public lectures, demonstrations, radio or television programs, prerecorded tapes, printed articles, mailed material, or other media, they take reasonable precautions to ensure that:
1. the statements are based on appropriate and current behavior analysis literature and practice;
2. the statements are otherwise consistent with these guidelines; and
3. the recipients of the information understand that their receipt of the information does not establish a professional relationship between them and the LBA and/or CBAA.
LBAs and CBAAs should not solicit or coerce testimonials from current patients and/or authorized caregivers who may be vulnerable to undue influence.
LBAs and CBAAs should not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential patients and/or authorized caregivers 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 patient and/or authorized caregiver.
If a LBA or CBAA learns of deceptive statements about his or her work made by others, the licensee should make reasonable efforts to correct such statements.
LBAs and CBAAs should not compensate employees of press, radio, television, or other communication media in return for publicity in a news item.
A paid advertisement relating to the LBA’s or CBAA’s activities must be identified as such, unless it is already clearly apparent from the context of the advertisement.
LBAs and CBAAs who engage others to create or place public statements that promote their professional practice, products, or activities retain professional responsibility for the content of such statements.

Citations of Pertinent Law, Rules or Regulations:

Education Law, section 6503 - practice of a profession
Education Law, section 6509(9) - unprofessional conduct
Regents Rules, part 29.1(b)(2) - exercising undue influence
Regents Rules, part 29.1(b)(3) - "referral fees"
Regents Rules, part 29.1(b)(11) - "patient/client authorization of services"
Regents Rules, part 29.1(b)(12) - "advertising not in the public interest"
Regents Rules, part 29.2(a)(2) - "harassing, abusing, intimidating patients"