FAQs About Requirement 3 for CE Providers: Course Content and Disclosure Questions (Required Practice 3.1)
What does an ASHA Approved CE Provider need to disclose in the case of a course around a particular device; if participants need to bring the device to the course, does that constitute recommending the purchase of that device?
If participants are required to bring a particular device to fully participate in the course, then the Provider must communicate this in the promotional materials prior to registration.
Ideally, the Provider should make loaner devices available to participants who do not own the device or fail to bring the device to the course. If a company provides such loaner devices, the Provider should disclose this in-kind support to attendees.
Remember to disclose that the course focuses on just one particular device in promotional materials.
If a presenter is the author of a book that he is going to discuss in the course, can the ASHA Approved CE Provider require participants to purchase the book?
If it is recommended or required that the learner purchase a product (e.g., a book) or service in order to participate in a course, this must be communicated to the learner prior to registration
If the course focuses on just that book, then this should be clearly stated in promotional materials. The presenter's disclosure statement must reference his authorship of the book and financial relationship with the publisher.
What does an ASHA Approved CE Provider need to disclose if a cohort of learners requests a presentation about a category of devices (e.g., smoke detectors for the deaf) and only equipment manufacturers are available to provide presentations on these products?
The Provider is encouraged to disclose in the promotional materials the specific devices that will be discussed; the Provider must ensure that the sale or promotion of these devices is not the focus of the presentation. Remember, if the presentation is only going to focus on one particular device, the Provider must disclose that in promotional materials.
Our company has developed and patented a licensed trademarked technology, and we are the only company permitted to sell or manufacture this product in the USA. Can we refer to our product by its specific product trademarked name as long as we disclose prior to the course that there will be no information about other products or similar products?
Yes. The Provider may refer to its product specifically by its trademarked name, but must disclose in the promotional materials that no information will be provided about similar products or services.
Some of our speakers include in their courses materials they have developed for their practice. In some cases, these materials are required for the course; in others, the materials are demonstrated or referenced in the course content and the participant decides if those materials would be beneficial for his or her practice. Would a disclaimer cover it?
If a speaker talks about a product in the course, the course promotional materials should disclose that the course will focus on that product and there will be limited or no information about similar products. The speaker must disclose financial or nonfinancial relationships to the product prior to the course in promotional materials and at the beginning of the course. If participants are required to buy the product to participate in the course, that has to be disclosed prior to registration. Marketing or sale of the materials or products cannot be part of the course.
What is the definition of product?
A product is anything a company, organization, or individual produces or develops for use or purchase by customers.