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RULE §741.41Professional Responsibilities of License Holders

(a) A licensee shall:

  (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience;

  (2) insure a safe therapy environment;

  (3) provide services as specified in the treatment plan, Individual Education Plan (IEP), or Individualized Family Service Plans (IFSP);

  (4) seek appropriate medical consultation whenever indicated;

  (5) seek to identify competent, dependable referral sources for clients;

  (6) maintain objectivity in all matters concerning the welfare of the client;

  (7) ensure that all equipment used is in proper working order and is properly calibrated;

  (8) terminate a professional relationship when it is reasonably clear that the client is not benefiting from the services being provided;

  (9) provide accurate information to clients and the public about the nature and management of communication disorders and about the profession and the services rendered;

  (10) notify the board in writing of changes of name, highest academic degree granted, address, and telephone number. The board is not responsible for lost, misdirected, or undelivered mail;

  (11) notify the board of changes in name or preferred mailing address within 30 days of such change(s). Notification must include the name, mailing address, and zip code, and be mailed, faxed, or sent by electronic mail to the executive director;

  (12) inform the board of violations of the Act, this code of ethics, or of any other provision of this chapter;

  (13) comply with any order relating to the licensee which is issued by the board;

  (14) report in accordance with the Family Code, §261.101(b), if there is cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect by any person;

  (15) cooperate with the board by promptly furnishing required documents and by promptly responding to a request for information from, or a subpoena issued by, the board or the board's designee;

  (16) be subject to disciplinary action by the board if the licensee or registrant is issued a written reprimand, is assessed a civil penalty by a court, or has an administrative penalty imposed by the attorney general's office under the Texas Code of Criminal Procedure, Article 56.31 (relating to the Crime Victims Compensation Act);

  (17) comply with the Health and Safety Code, Chapter 85, Subchapter I, concerning the prevention of the transmission of HIV or Hepatitis B virus by infected health care workers; and

  (18) fully inform clients of the:

    (A) results of an evaluation within 60 days, upon request;

    (B) nature and possible effects of the services rendered; and

    (C) nature, possible effects, and consequences of activities if the client is participating in research or teaching activities.

(b) A licensee shall not:

  (1) engage in the medical treatment of speech-language and hearing disorders;

  (2) jeopardize a client's safety by any inattentive behavior;

  (3) guarantee, directly or by implication, the results of any therapeutic procedures except as follows:

    (A) a reasonable statement of prognosis may be made; and

    (B) caution must be exercised not to mislead clients to expect results that cannot be predicted from reliable evidence;

  (4) delegate any service requiring professional competence of a licensee or registrant to anyone not licensed or registered for the performance of that service;

  (5) provide services if the services cannot be provided with reasonable skill or safety to the client;

  (6) provide any services which create an unreasonable risk that the client may be mentally or physically harmed;

  (7) engage in sexual contact, including intercourse, kissing, or fondling, with a client or an assistant, intern, or student supervised by the licensee;

  (8) use alcohol or drugs when the use adversely affects or could adversely affect the licensee's provision of professional services;

  (9) reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community;

  (10) participate in activities that constitute a conflict of professional interest which may include the following:

    (A) exclusive recommendation of a product that the licensee owns or has produced;

    (B) lack of accuracy in the performance description of a product a licensee or registrant has developed; or

    (C) restriction of freedom of choice for sources of services or products;

  (11) use his or her professional relationship with a client, intern, assistant, or student to promote for personal gain or profit any item, procedure, or service unless the licensee or registrant has disclosed to the client, intern, assistant, or student the nature of the licensee's or registrant's personal gain or profit;

  (12) misrepresent his or her training or competence;

  (13) falsify records;

  (14) aid or abet the practice of an unlicensed person when that person is required to have a license under the Act;

  (15) interfere with a board investigation or disciplinary proceeding by willful misrepresentation or omission of facts to the board or the board's designee or by the use of threats or harassment against any person;

  (16) intentionally or knowingly offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for securing or soliciting clients or patronage for or from any health care professional. The provisions of the Texas Health and Safety Code, §161.091, concerning the prohibition of illegal remuneration apply to licensees;

  (17) endanger the health, welfare, or safety of the public; or

  (18) use threats, threatening behavior, or acts of violence towards clients, employees, or employers.

Source Note: The provisions of this §741.41 adopted to be effective March 22, 2006, 31 TexReg 2160; amended to be effective August 27, 2009, 34 TexReg 5691; amended to be effective January 16, 2011, 36 TexReg 43; amended to be effective September 18, 2013, 38 TexReg 6210

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