Avoiding Liability Bulletin – February 2012
… It is important for licensees who employ pre-licensed persons in private practice settings to assure that the advertising by the pre-licensed persons, if any is done, is reviewed by those employers. I have too often seen or learned about advertisements that were written by an employee, paid for by an employee, and seemed to advertise the intern’s or associate’s (pre-licensed) own practice. While that may or may not have been what was going on or intended, there is something wrong with such an arrangement – unless the conduct is authorized or permissible under state law. From the viewpoint of the owner of the business, or from the viewpoint of a nonprofit corporation hiring pre-licensed persons, why would pre-licensed employees be allowed to make final decisions about advertising?
