Understanding Fundamentals of Behavioral Legal & Ethical Marketing
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Marketing Your Telehealth Services: Successful, Legal & Ethical Online Strategies
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Understanding Fundamentals of Behavioral Legal & Ethical Marketing
- 1. Understanding Fundamentals of Behavioral Legal & Ethical Marketing Marlene M. Maheu, PhD Founder & CEO LESSON #2
- 2. © 1994-2023 Telehealth.org, LLC All rights reserved. 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
- 4. © 1994-2023 Telehealth.org, LLC All rights reserved. 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.
- 14. © 1994-2023 Telehealth.org, LLC All rights reserved. All Legal & Ethical Rules Apply 14
- 15. © 1994-2023 Telehealth.org, LLC All rights reserved. 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
- 16. © 1994-2023 Telehealth.org, LLC All rights reserved. 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
- 17. © 1994-2023 Telehealth.org, LLC All rights reserved. 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
- 18. © 1994-2023 Telehealth.org, LLC All rights reserved. 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.
- 19. © 1994-2023 Telehealth.org, LLC All rights reserved. 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
- 21. © 1994-2023 Telehealth.org, LLC All rights reserved. 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
- 25. © 1994-2023 Telehealth.org, LLC All rights reserved. ACA Code of Ethics: Section C Professional Responsibility 25
- 27. © 1994-2023 Telehealth.org, LLC All rights reserved. 27 • 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
- 28. © 1994-2023 Telehealth.org, LLC All rights reserved. 28 No “big promise” followed by “adjusting expectations” “I yam what I yam” - Popeye
- 30. © 1994-2023 Telehealth.org, LLC All rights reserved. 30 You are responsible if your hired help violates your legal or ethical requirements You can’t pay news media for publicity
- 31. © 1994-2023 Telehealth.org, LLC All rights reserved. 31 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
- 33. © 1994-2023 Telehealth.org, LLC All rights reserved. NADAAC Principles 33 Deliver what you promise
- 36. © 1994-2023 Telehealth.org, LLC All rights reserved. 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.
- 37. © 1994-2023 Telehealth.org, LLC All rights reserved. 37 https://code-medical-ethics.ama-assn.org/
- 41. © 1994-2023 Telehealth.org, LLC All rights reserved. 41 Adequate disclaimers? Important of continuity of care and follow-up care
- 45. © 1994-2023 Telehealth.org, LLC All rights reserved. 45 Licensing and Regulations • Regulations impact all your actions as a professional • Read the licensing rules for your discipline in your state(s) of practice
- 46. © 1994-2023 Telehealth.org, LLC All rights reserved. 46 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
- 47. © 1994-2023 Telehealth.org, LLC All rights reserved. 47 Licensing and Regulations • To deliver services across state lines, licensed professionals must adhere to federal, state, county & city laws
- 48. © 1994-2023 Telehealth.org, LLC All rights reserved. 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.
- 49. © 1994-2023 Telehealth.org, LLC All rights reserved. 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
- 50. © 1994-2023 Telehealth.org, LLC All rights reserved. 50 FTC Substantiation Standard • Weight Loss Claims – at least 2 controlled clinical studies on advertised product by separate, independent researchers
- 51. © 1994-2023 Telehealth.org, LLC All rights reserved. 51 FTC Sales Page Requirements Very particular about: • Font size • Location of buy button respect to disclaimers • Disclaimers themselves
- 52. © 1994-2023 Telehealth.org, LLC All rights reserved. 52 • 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. 53
- 54. 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.