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1989; revised 2003
From time to time, the Board of Ethics determines that members and certificate holders can benefit from additional analysis and instruction concerning a specific issue of ethical conduct. Issues in Ethics statements are intended to heighten sensitivity and increase awareness. They are illustrative of the Code of Ethics and intended to promote thoughtful consideration of ethical issues. They may assist members and certificate holders in engaging in self-guided ethical decision-making. These statements do not absolutely prohibit or require specified activity. The facts and circumstances surrounding a matter of concern will determine whether the activity is ethical. This Issues in Ethics statement replaces an earlier version with the same title.
The Board of Ethics has received inquiries and comments regarding ethical behavior among members and certificate holders who compete for the opportunity to provide services to clients. Audiologists and speech-language pathologists are involved in marketing their services, advertising, negotiating contracts, recruiting and hiring staff, establishing fees, dispensing products, working with manufacturers and publishers to offer various products to clients, and other practice management activities. Competition for business in the marketplace influences these activities and how we engage in them.
Principle of Ethics I provides overarching guidance as we competitively design and market services, for the welfare of our clients is paramount. Principle of Ethics I states:
“Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally or participants in research and scholarly activities and shall treat animals involved in research in a humane manner.”
Principle of Ethics III and its Rules of Ethics address our responsibility to the public.
“Individuals shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions, including dissemination of research findings and scholarly activities.”
Principle of Ethics IV addresses professional relationships and how we treat each other as we engage in professional practice and function in the professional community. It states:
“Individuals shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions. Individuals shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions' self-imposed standards.”
In attempting to obtain a competitive advantage individuals must handle many issues including (but not limited to) referrals, representation of services, statements about services, and conduct that reflects positively on the profession as we engage in practice matters.
For example, there are three Rules of Ethics dealing with misrepresentation:
Principle of Ethics I, Rule M: Individuals shall not charge for services not rendered, nor shall they misrepresent services rendered, products dispensed, or research and scholarly activities conducted.
Principle of Ethics III, Rule D: Individuals shall not misrepresent diagnostic information, research, services rendered, or products dispensed; neither shall they engage in any scheme to defraud in connection with obtaining payment or reimbursement for such services or products.
Principle of Ethics III, Rule F: Individuals' statements to the public—advertising, announcing, and marketing their professional services, reporting research results, and promoting products—shall adhere to prevailing professional standards and shall not contain misrepresentations.
There is a provision about deceit and dishonesty as well as misrepresentation, in Principle of Ethics IV. Rule B:
Individuals shall not engage in dishonesty, fraud, deceit, misrepresentation, sexual harassment, or any other form of conduct that adversely reflects on the professions or on the individual's fitness to serve persons professionally.
With regard to referrals, Principle of Ethics III, Rule C requires:
Individuals shall refer those served professionally solely on the basis of the interest of those being referred and not on any personal financial interest.
Accuracy of statements about our services is also addressed. For example:
Principle of Ethics I, Rule H: Individuals shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reasonable statement of prognosis.
Principle of Ethics III, Rule E: Individual's statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, about professional services, and about research and scholarly activities.
Principle of Ethics IV, Rule F: Individuals' statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.
Together these Principles and associated Rules of Ethics embody concepts and requirements to be considered in practice management and competition for business in the marketplace.
Competition among service providers is not unethical. When handled properly, competition can lead to positive growth and continued improvement in the quality of services delivered by audiologists and speech-language pathologists. It is expected that speech-language pathologists and audiologists will be involved in marketing services, bidding on contracts, and competing for business in appropriate ways. It is incumbent on the individual to be aware of legal requirements that guide competition and practice management in the marketplace. Finally, it is essential that the quality of services to clients not be adversely affected by competition for the opportunity to provide those services.
Index terms: marketing, ethics, competition
Reference this material as: American Speech-Language-Hearing Association. (2004). Competition [Issues in Ethics]. Available from www.asha.org/policy.
© Copyright 2004 American Speech-Language-Hearing Association. All rights reserved.
Disclaimer: The American Speech-Language-Hearing Association disclaims any liability to any party for the accuracy, completeness, or availability of these documents, or for any damages arising out of the use of the documents and any information they contain.