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Inland Empire Chapter of CAMFT

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  • What’s App With Therapists? Exploring the Legal Ins and Outs of Advertising on Social Media

What’s App With Therapists? Exploring the Legal Ins and Outs of Advertising on Social Media

  • Thursday, July 20, 2023
  • 9:00 AM - 12:15 PM
  • Online
  • 40


  • Chapter Members

Presenter: California Association of Marriage and Family Therapists

Course meets the qualifications for 3 hours of continuing education credit for LMFTs, LCSWs, LPCCs and/or LEPs as required by the California Board of Behavioral Sciences.  Registrants must attend the full 3 hours to receive CEs..

Level of Learning: Intermediate
This presentation is intended to provide an overview of common legal and ethical issues that might present for marriage and family therapists engaging in social media. Topics to be discussed include: what is an advertisement; BBS’s advertising regulations; maintaining patient confidentiality online; setting and keeping boundaries online; social media policies; copyright laws; recording of sessions; and recordkeeping requirements.

Educational Goals 

Participants will gain a greater understanding of California’s advertising requirements, how to translate legal and ethical requirements into social media posts, and how to address common ethical considerations that might arise with an online presence.


• Identify the four questions to consider when advertising
• Analyze whether a social media post complies with advertising laws and regulations
• Identify the pieces of information that must be in any advertisement depending on licensure
• Apply principles of copyright law to their social media posts
• Understand the difference between a medical record and a legal record

Kristin W. Roscoe, Esq., CAMFT Staff Attorney, takes CAMFT member phone calls regarding law and ethics issues and contributes articles on those subjects to The Therapist. Before joining CAMFT’s legal team, Kristin represented healthcare systems and professionals in professional negligence litigation at La Follette, Johnson, DeHaas, Fesler & Ames. Since entering the legal profession, Kristin has worked in various capacities presenting to and advocating on behalf of her clients both in and outside of the courtroom. Kristin received her B.A. from The College of Wooster in 2006 and graduated from The American University Washington College of Law with her J.D. in 2012.


1. Social Media Overview
      a. An ever-changing array of options
2. Advertising 101
      a. Any form of public communication
      b. Fees for Service
      c. BBS Advertising Regulations
      d. Use of “psychotherapy”
      e. Pre-licensed advertising
      f. Big 4 Advertising Questions
      g. Code of Ethics 13.4
      h. What to Look Out For
      i. Patient Testimonials
      j. BBS enforcement actions for advertising
3. Confidentiality
      a. CAMFT Code of Ethics Section 2.1
      b. Read Before You Click
      c. AI
      d. HIPAA Violations
4. Boundaries
      a. CAMFT Code of Ethics Section 4.1
      b. CAMFT Code of Ethics Section 4.3
      c. Set Your Boundaries Using Disclaimers
      d. Keep Your Boundaries
5. Informed Consent
      a. CAMFT Code of Ethics Section 3.4 & 3.5
      b. Social Media Policy
6. Copyright Laws
      a. What is a Copyright?
      b. What is not Original?
      c. What Does it Mean to be Fixed?
      d. Who Owns a Copyright?
      e. How Long Does a Copyright Last?
      f. If Someone Infringes on Your Content
      g. Beware of the Copyright Troll
      h. Internal Copyright Policy
7. Recording Sessions
      a. Two Party Consent
      b. When the Patient Asks
      c. When the Therapist Asks
      d. When the Patient Does Not Ask
8. Recordkeeping
      a. When Social Media Collides with Clinical Practice
      b. CAMFT Code of Ethics 5.3
      c. Health & Safety Code Section 123105(d)
      d. Record Retention Requirements
      e. Records Request
      f. Subpoena for Rec


Ten Advertising Mistakes Made by Therapists
Social Media Confidentiality Disclosures and Record Keeping
You Yelp and Social Media
Before You Press Record

Inland Empire Chapter of CAMFT is approved by the California Association of Marriage and Family Therapists to sponsor continuing education for LMFTs, LCSWs, LPCCS, AND/or LEPs. IE-CAMFT maintains responsibility for this program/course and its content. CE Provider # 62278

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