What are the legal risks associated with advice and endorsements?
Generally, they fall under two categories: advice on matters of safety and direct or implied endorsements. In the former, for example, guidelines, standards and directions on the practice of psychology which arguably proved to be inaccurate, dangerous and damaging place the division and APA at risk. It is for this reason that any document that could possibly be construed as guidelines or standards must be reviewed by the APA General Counsel Office and will usually be subject to review and approval by the APA Board and Counsel pursuant to APA Rule 100-1.5. In addition, endorsements for which the division receives any payments could have negative tax consequences such payments may be subject to taxation. Where there is a payment or not, an endorsement carries the potential liability if the product or service is ineffective or harmful. Thus, the APA General Counsels Office should be consulted prior to any endorsement.
