Understanding
Fundamentals of
Behavioral Legal &
Ethical Marketing
Marlene M. Maheu, PhD
Founder & CEO
LESSON #2

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2
“Great things in business are never done by
one person. They are done by a team of
people.”
― Steve Jobs, Steve Jobs: His Own Words and Wisdom

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3
Entrepreneurial Attitude

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Lesson #2:
Homework Assignments
• Complete the first two steps of your
business plan.
4
Lesson #1:
Homework Assignments
• Complete the next two steps of your
business plan.

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Lesson #1:
Homework Assignments

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Lesson #2:
Homework Assignments

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Lesson #3:
Homework Assignments

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Lesson #3:
Homework Assignments

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9
https://www.sba.gov/blog/how-sba-
helps-entrepreneurs-start-grow-
their-businesses

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10
https://www.sba.gov/business-
guide/plan-your-business/write-your-
business-plan

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https://www.sba.gov/business-
guide/plan-your-business/write-your-
business-plan

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Business Plan

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•3
13

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All Legal &
Ethical Rules
Apply
14

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Existing
TeleMental
Health Ethics
15
• American Association of Marriage and Family
Therapists (2015). Code of Ethics
• American Counseling Association. (1999) (2005)
(2014). ACA Code of Ethics
• American Medical Association. (2000). Guidelines for
Patient-Physician Electronic Mail
• American Mental Health Counselors Association.
(2000). Code of Ethics of the American Mental Health
Counselors Association, Principle 14, Internet On-Line
Counseling

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Existing
TeleMental
Health Ethics
16
• American Psychological Association. (1997). APA
Statement on Services by Telephone,
Teleconferencing, and Internet, A statement by the
Ethics Committee of the American Psychological
Association
• American Psychological Association. (2010). Ethical
principles of psychologists and code of conduct

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Existing
TeleMental
Health Ethics
17
• American Telemedicine Association. (2009).
Evidence-Based Practice for Telemental Health
• American Telemedicine Association. (2013). Practice
Guidelines for Videoconferencing-Based Telemental
Health
• Australian Psychological Society. (2004). Guidelines
for Providing Psychological Services and Products
on the Internet
• British Psychological Society. (2009). The Provision
of Psychological Services via the Internet and Other
Non-direct Means
• Canadian Psychological Association. (2006). Ethical
Guidelines for Psychologists Providing Psychological
Services via Electronic Media

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Existing
TeleMental
Health Ethics
18
• Federation of State Medical Boards of the United
States, Inc., Report of the Special Committee on
Professional Conduct and Ethics. (2002) Model
guidelines for the appropriate use of the Internet in
medical practice
• National Association of Social Workers. (1999)
(2008). Code of Ethics
• National Association of Social Workers. (2016).
Technology Standards.

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Existing
TeleMental
Health Ethics
19
• New Zealand Psychological Psychologists Board
(2011). Draft Guidelines: Psychology services
delivered via the internet and other electronic media
• Ohio Psychological Association. (2010).
Telepsychology Guidelines
• Winkler, M., Flanagin, A., Chi-Lum, B., White, J.,
Andrews, K., Kennett, R., DeAngelis, C. & Musacchio,
R. (2000). Guidelines for medical and health
information sites on the Internet. Journal of the
American Medical Association, March 22/29, 283(12),
pp. 1600-1606

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20
https://www.socialworkers.org/About/Ethics/Code-of-
Ethics/Code-of-Ethics-English

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21
Understand
your media
Be inclusive
Monitor your
reputation Be rigorously honest:
pricing, plagiarism, etc.
https://www.socialworkers.org/About/Ethics/Code-of-
Ethics/Code-of-Ethics-English/Social-Workers-Ethical-
Responsibilities-as-Professionals

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ACA Code of
Ethics:
Section C
Professional
Responsibility
25

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https://www.apa.org/ethics/code

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• Avoidance of False or Deceptive Statements
• Statements by Others
• Descriptions of Workshops …
• Media Presentations
• Testimonials – “undue influence”
• In-person Solicitation -- “undue influence”
American Psychological Association
Section 5: Advertising and Other Public Statements

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No “big promise” followed
by “adjusting expectations”
“I yam what I yam” -
Popeye

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You are responsible if your
hired help violates your legal
or ethical requirements
You can’t pay news
media for publicity

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Not on your website,
brochure, book covers,
Yelp, or anywhere.
Do not ask
clients/patients or other
vulnerable people to
sell your products or
services

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32
https://www.naadac.org/code-of-ethics

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NADAAC
Principles
33
Deliver what
you promise

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NADAAC Ethical
Code
34

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https://www.aamft.org//Leg
al_Ethics/Code_of_Ethics.a
spx?WebsiteKey=8e8c9bd
6-0b71-4cd1-a5ab-
013b5f855b01

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AAMFT Ethics
Code
36
“I yam what I yam”
Be honest and legal.
Be honest in all promotional materials.
Be honest with educational credentials.
Get trained in competencies for
everything you do.

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https://code-medical-ethics.ama-assn.org/

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https://code-medical-
ethics.ama-assn.org/ethics-
opinions/ethical-practice-
telemedicine

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Adequate disclaimers?
Important of continuity of care
and follow-up care

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Board of
Behavioral
Sciences
(BBS)
42
https://www.bbs.ca.gov/
https://www.bbs.ca.gov/pdf/public
ations/lawsregs.pdf

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Licensing and Regulations
• Regulations impact all your actions as a
professional
• Read the licensing rules for your discipline
in your state(s) of practice

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Licensing and Regulations
• In most states, you can give away or sell
products over state lines as a licensed
professional
• Check with your board – get response in
writing

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Licensing and Regulations
• To deliver services across state lines,
licensed professionals must adhere to
federal, state, county & city laws

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Federal Law:
Federal Trade
Commission
(FTC)
48
• What is an “unfair” ad?
• Ad is likely to cause substantial consumer
injury (physical or economic).
• Injury is not reasonably avoidable by
consumers (e.g. refunds for fees are not easy
to obtain)
• And it is not outweighed by benefits to
consumers or competition.

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FTC: Competent/Reliable Scientific
Evidence
What it Isn’t
What it Is
• Anecdotal evidence from
consumers
• Popular press articles
• Sales materials from
manufacturer
• Low return rate
• Money-back guarantee
• Methodologically sound tests,
studies, scientific research
• Based on expertise of professionals
in field
• Objectively conducted by qualified
people
• Using procedures accepted as
accurate
• Yielding statistically significant
results

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FTC Substantiation Standard
• Weight Loss Claims – at least 2 controlled clinical
studies on advertised product by separate,
independent researchers

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FTC Sales Page Requirements
Very particular about:
• Font size
• Location of buy button respect to
disclaimers
• Disclaimers themselves

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• Well-designed website integrating legal and
ethical requirements
• Well-described professional services
• Develop small products to give away as
“freebies” to build a mailing list
• Optimize your use of social media
• Maintain your reputation
• Correct domain name
• Search engine optimization (SEO)
• Adwords
What’s the best way to generate online referrals
and convert traffic to $$$?

53

Lesson #2:
Homework
Assignments
1. Complete the first two sections of your business plan and discreetly share with the
group in the Private Discussion Forum titled Business Plans under the post
titled LESSON #2: UNDERSTANDING FUNDAMENTALS OF BEHAVIORAL
LEGAL & ETHICAL MARKETING.
2. Visit the Brandon Gaille Podcast and pick and listen to at least one topic of interest:
Write a 2-3 paragraph summary of the things you learn and share with the group in
Private Discussion Forum titled Summaries of Marketing Topic under the post
titled LESSON #2: UNDERSTANDING FUNDAMENTALS OF BEHAVIORAL
LEGAL & ETHICAL MARKETING. Bullet point lists are acceptable.
3. Respond to at least two posts created by your colleagues in the Discussion
Forum titled LESSON #2: UNDERSTANDING FUNDAMENTALS OF
BEHAVIORAL LEGAL & ETHICAL MARKETING.

Keep in touch!
contact@telehealth.org
619-255-2788
Telehealth.org
Marlene M. Maheu, PhD