What You Can and Can’t Say in Your Marketing as an Energy Practitioner

Whether we love it or just wish it would go away, marketing in all its forms is a necessary part of a professional energy medicine practice. Skillfully and authentically communicating about our services is how people know we exist, and also how they can gauge whether they want to work with us.

Marketing is an opportunity to convey who we are and how we serve. However: this is also an area that can carry significant risk. If not done in a knowledgeable way, it can be easy to unwittingly open ourselves to costly legal complaints of misleading, fraudulent, or deceptive advertising – and even of practicing medicine without a license.

Our goal in this article is to encourage you to communicate and create value in your work while using the proper marketing tools and terminology. You’ll get an orientation to the network of laws and regulations governing what you can and cannot say, and where you can learn more. You’ll also discover some red flags to look out for in your marketing materials and tips on how to ensure your practice is in compliance.

What are these rules and where do they come from?

These rules use the word “advertising,” but it’s important to know that this applies to all public communications, including websites, blogs, social media, emails, brochures, and also videos or in-person talks you give. This extends to public listings such as Yelp or Google Business, and online practitioner directories in which there are descriptions of your services. In addition, advertising also covers what others say about your work in the form of reviews and testimonials.

Generally speaking, there are two categories of rules of which energy practitioners need to stay aware.

The first are the “truth in advertising” rules. Put in place to protect consumers from deceptive and fraudulent advertising, these laws regulate, among other things, the use of language to describe a product or service. They also require that any objective claim made about a product or service be truthful and substantiated.

An objective claim is specific and factual, such as “energy modality X relieves 80% of stress headaches.”  To make that kind of statement legally, you’d need “competent and reliable scientific evidence,” typically from large-scale, mainstream studies. While research on energy methods is promising, it isn’t yet recognized by most regulatory authorities as meeting that standard.

The moral of the story: don’t make claims. Instead, stick to subjective, experience-based language, such as “energy method X feels deeply relaxing.” This type of unprovable, personal claim is typically acceptable. When in doubt, consult an expert.

Truth in advertising laws exist at both federal and state levels. The Federal Trade Commission (FTC) enforces these rules across the U.S., and can find and cite compliance issues on your website, social media posts, print or online classifieds, and anywhere in the public domain where descriptions of your work exist.

Each state also has its own advertising regulations. While state laws are likely to be consistent with those of the FTC, you must be aware of any additional or specific applications that could impact you or your practice.

The second set of rules to be mindful of are state licensing regulations. We’ll refer to these as “scope of practice” rules. As an energy practitioner marketing your business, a key risk you face is being accused of violating your state’s medical or mental health practitioner licensing rules: in other words, being accused of practicing medicine or therapy without a license.

Regulatory boards establish and enforce the standards for the profession as defined by the laws of each state. Energy practitioners who are not licensed are subject to legal problems if a description of their services violates their state’s “practice definition” of any licensed health care profession.

This could include a non-licensed practitioner appearing to offer medical advice, diagnosing, treating, or claiming to cure an illness or injury, all of which require a professional license.

For example: “energy modality X cures back pain” versus “energy modality X may support pain relief.”

When energy practitioners describe their services, they must avoid certain medical and mental health terms reserved for licensed professionals.

What’s the risk?

It would be easy as a solo energy practitioner to think that the Federal Trade Commission, or even a state regulatory board, has bigger things to worry about than looking through my little website, and that the likelihood of being cited for a violation would be minimal.

In fact, that is not the case. This is partly because virtually anyone can initiate a claim against you for “truth in advertising” or “scope of practice” violations. Not only the FTC and state regulators, but unhappy clients, their family members, licensed practitioners, or anyone else who sees your information can potentially file a compliance claim.

Several years ago, a trained individual, also enrolled in the Healing Touch certification program, posted about her services on Craig’s List. A week or so later, she received notification that she must appear in front of the Oregon Massage Board—and that she was facing a possible $6,000 fine!

One of the requirements for Healing Touch Program certification is documenting 100 client sessions. The practitioner failed to specify her status as a Healing Touch Program apprentice in her posting, and that she would be doing energy work. It turned out that there was confusion with some people who had previously advertised escort services under the guise of “healing touch.”

So, the massage board was staying vigilant. Fortunately, when it was made clear that she was doing Healing Touch energy work, all charges were dropped. Even so, it consumed a couple of uncomfortable weeks for the apprentice practitioner and her  mentor.

(Adapted from Laws Governing Energy Medicine Practitioners, Linnie Thomas, Ellinwood Publishing, 2016)

Depending on the nature and severity of the violation, fines for civil FTC violations can run up to tens of thousands of dollars, not including legal fees or loss of business. Scope of practice violations can be civil or criminal, and even involve prison terms.

Another risk may arise if a customer is particularly disgruntled by what they perceive as false advertising. They can even bypass the FTC and sue you directly. You do not want to find yourself in a long and costly legal battle. It pays to get familiar with the laws, review your materials periodically, and make sure that everything is in order. Again, if you are unsure, you might consider consulting with a lawyer or compliance expert.

Want a simple way to check if you’re exposing yourself to legal risk? Grab our free guide: The 3 Biggest Mistakes Energy Healing and Holistic Practitioners Make—That Expose You to Legal Issues. Learn what to avoid, what to fix, and how to feel more secure in your practice.

Tips for Clean and Compliant Marketing

Don’t:

• Make any promises about your work or its benefits that you cannot guarantee
• Make concrete claims of effectiveness, or objective claims that cannot be backed up with science accepted by regulatory bodies
• Seek to deceive or mislead in any way about your work or its effectiveness Use language that is restricted to licensed medical, mental health, or other practitioners

Do: While it may seem restrictive, advertising laws can actually help us stay clear and authentic in our communication. Following these tips can keep you compliant and also create deeper trust with clients.

• Manage Expectations – You want potential clients to know exactly what you’re offering. Your marketing should serve as a preview of what your clients will experience in sessions with you. You are, in essence, making a promise to your prospective client – one that you should live up to. If you promise more than you deliver, a new client will leave unhappy, and this will hurt your reputation.
• Promote Returning Clients and Referrals – Conversely, when you meet (or even better, exceed) the expectations you set through your marketing, clients will be happy, more likely to return, and more likely to refer or share a positive review. Focus on delivering experiences that offer even more value or benefit than the client expected.
• Testimonies/Reviews – Only use client testimonials that do not imply claims of effectiveness (Don’t use: Susy Healer cured my X). Claims about serious medical conditions require considerable scientific evidence. Use testimonials that reflect the typical client experience. Be sure to get written permission to share or publish any testimonial and tell the client how and when any image or testimonial will be used.
• Libel and Slander – Avoid speaking badly about the competition – this includes faulting their work, insulting their employees, or claiming they overcharge. Never speak badly about your clients, to anyone, even if you think what you’re saying is true.
• Disclaimer – Include a disclaimer on your website, social media, and at the bottom of client emails that includes updated information about your practice and scope of practice, and that clearly and honestly states your level of training, education, and licensing or non-licensing.
• Signed Client Agreement – You must include appropriate, legal language in the disclaimer on your client agreement (or informed consent) form. This form needs to be signed by your client acknowledging that they have read it, understand the services you will provide and your status as a practitioner, and agree to receive session(s) from you. In some cases, these signed agreements have been supportive of practitioners in claims filed against them.
• Use Appropriate Language – In the chart on the next page are ideas you may consider as you develop language to give potential clients an accurate and genuine sense of what they can experience while working with you. Think of words and phrases that avoid making claims or promises or those that are restricted to licensed practitioners.

These are simply ideas to consider. You will want to choose language that is both compliant and true to you as a practitioner and the unique experience you deliver.

Personal and Advertising Injury Insurance

Carrying personal and advertising injury liability insurance is important to most businesses and can protect your business from claims of offenses allegedly committed in the course of advertising your products or services. This coverage can help you recover from mistakes you make in oral and published material.

If you are accused of:

• Falsely representing the results you claim
• Using medical terms without having a license
• Misrepresenting your title or credentials in advertising

—this coverage can be a life saver.

If you are accused of:

• Using a testimonial or image without permission, or
• A competitor accuses you of defamation or misconduct,

—a good policy will cover your defense and court costs, as well as potential payouts if necessary.

Affordable policies exist that are tailored for energy and holistic practitioners, and provide peace of mind that is more than worth the investment.

Using this information as a starting point for your own research and audit of your marketing can get you pointed in the right direction to stay safe from:

• Claims of false or misleading advertising, or
• Allegations that you are practicing without a license

Even then, it can be a challenge—as a client might (with the best intention) post a glowing review on Yelp or a social site, and unknowingly use a forbidden word or phrase that could cause trouble.

Keeping an open channel with your clients about anything they might share can be helpful. Having all of your other compliance bases covered will also help.

What’s Next: Clarity, Protection, and Confidence

Reliable insurance can support you through the process of a claim or lawsuit and help you avoid the financial burden of legal fees or penalties if something happens despite your best efforts. That kind of protection can make all the difference.

While ensuring your marketing complies with these rules and regulations may seem daunting at first, you may find that once you get into the flow of it, you're able to create a richer and more personal way to use your website, social media, and other platforms to share your work with potential clients.

At EMPA, we’re here to support you. Whether you need help reviewing your marketing language or want to explore liability coverage that includes personal and advertising injury, we’re ready to help you navigate what comes next.

Explore our member benefits to see how we can support you as you share your work with the world.

Disclaimer: This article is for educational purposes only and does not provide legal or medical advice. The examples are general, and coverage may vary by policy. Always refer to your insurance provider or policy language for specific details, as the policy terms take precedence. For legal concerns related to your practice, consult an attorney.