Issues in Ethics: Competition in Professional Practice

• About This Document
• Issues in Ethics Statements: Definition
• Introduction
• Discussion
• Guidance
• Summary

About This Document

Published 2025. This Issues in Ethics statement was originally published in 2004 and was last revised in 2017. It has been updated to make any references to the Code of Ethics consistent with the Code of Ethics (2023) (hereinafter, "Code of Ethics"). The Board of Ethics (hereinafter, the "BOE") reviews Issues in Ethics statements periodically to ensure that they reflect current practices and the current Code of Ethics.

Issues in Ethics Statements: Definition

From time to time, the BOE 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 are 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.

Introduction

The BOE has received inquiries and comments regarding ethical behavior among members and certificate holders who compete for the opportunity to provide services to clients/patients. Audiologists and speech-language pathologists (SLPs) 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/patients, and other practice management activities. Competition for business in the marketplace influences these activities and how we engage in them. A related topic is addressed in another Issues in Ethics statement, Public Announcements and Public Statements.

Discussion

The Code of Ethics provides us with guidance as we competitively design and market services, as well as guidance regarding our responsibility to the public and our professional relationships. It also guides our conduct as we engage in professional practice and function in the professional community. The Code of Ethics also gives guidance concerning misrepresentation, deceit, and dishonesty. It embodies concepts and requirements to be considered in practice management as it relates to competition for business in the marketplace.

Guidance

There are three overarching Principles that relate to competition:

Principle I states, "Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally or who are participants in research and scholarly activities."

Principle III states, "In their professional role, individuals shall act with honesty and integrity when engaging with the public and shall provide accurate information involving any aspect of the professions."

Principle IV states, "Individuals shall uphold the dignity and autonomy of the professions, maintain collaborative and harmonius interprofessional and intraprofessional relationships, and accept the professions' self-imposed standards."

These Principles indicate that audiologists and SLPs should consider the welfare of the persons they serve as their most important commitment. Our responsibility to the public is clear: Services must be designed to serve the public by providing accurate information in all aspects of our professions. Although competition is healthy, any manifestation of competition must be accurate and presented in a way that is not detrimental to the professions.

In attempting to obtain a competitive advantage, individuals must handle many issues—including but not limited to referrals, representation of services, statements about services/products, and conduct that reflects positively on the professions as we engage in practice matters. The Code of Ethics addresses our professional relationships as well as our treatment of each other as we engage in professional practice and function in the professional community.

In addition to the overarching Principles, many Code of Ethics provisions relate to competition. These Rules can help guide us as we engage in activities and relationships that involve competition.

Public Welfare

It is imperative that practitioners hold paramount the welfare of the persons being served by making referrals, when clinically appropriate, to other professionals who may be competitors.
 
Principle I, Rule B states, “Individuals shall use every resource, including referral and/or interprofessional collaboration when appropriate, to ensure that quality service is provided.”

Misrepresentation

Although we compete for clients/patients, we must be open and honest about the services we provide, the charges that will be incurred, and procedures for obtaining payment from third parties or clients/patients, as we market our services to the public. The Code of Ethics requires accuracy and transparency of all information provided to the public. Practitioners must be honest in written and verbal statements to the public and to other professionals, including advertising and promotional materials. It is important to ensure that there is no distortion of facts as we market our services and products—including but not limited to client testimonials, practice data, advertisements, or claims.

Principle I, Rule M states, “Individuals may make a reasonable statement of prognosis, but they shall not guarantee—directly or by implication—the results of any treatment or procedure.”

Principle I, Rule Q states, “Individuals shall maintain timely records and accurately record and bill for services provided and products dispensed; and shall not misrepresent services provided, products dispensed, or research and scholarly activities conducted.”

Principle III, Rule A states, “Individuals shall not misrepresent their credentials, competence, education, training, experience, or scholarly contributions.”

Principle III, Rule C states, “Individuals shall not misrepresent diagnostic information, services provided, results of services provided, products dispensed, effects of products dispensed, or research and scholarly activities.”

Principle III, Rule E states, “Individuals’ statements to the public shall provide accurate information regarding the professions, professional services, products, and research and scholarly activities.”

Principle III, Rule F states, “Individuals’ statements to the public shall adhere to prevailing professional standards and shall not contain misrepresentations when advertising, announcing, or promoting their professional services, products, or research.”

Principle IV, Rule C states, “Individuals’ statements to colleagues about professional services, products, or research results shall adhere to prevailing professional standards and shall contain no misrepresentations.”

Collegiality

Professionals must maintain well-balanced, collegial relationships with colleagues. As we compete with other professionals, whether within or outside our disciplines, we must compete in a dignified manner that exemplifies our professional standards.

Honesty and truthfulness are of utmost importance when discussing our services with clients/patients and other professionals. Successful competition may require that we set ourselves apart from competitors, but accuracy and truthfulness should prevail.

Principle IV, Rule P states “Individuals shall not file or encourage others to file complaints that disregard or ignore facts that would disprove the allegation; the Code of Ethics shall not be used for personal reprisal, as a means of addressing personal animosity, or as a vehicle for retaliation.”

Summary

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 SLPs. It is expected that audiologists and SLPs 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 competition to provide services does not adversely affect the quality of services provided to clients/patients.

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