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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 140HEALTH PROFESSIONS REGULATION
SUBCHAPTER KDYSLEXIA THERAPISTS AND DYSLEXIA PRACTITIONERS
RULE §140.586Code of Ethics; Duties and Responsibilities of License Holders

A license holder shall comply with the following requirements in the provision of professional services.

  (1) A license holder shall only provide professional services that are within the scope of the license holder's competence considering level of education, training, and experience.

  (2) A license holder shall ensure a safe therapy or teaching environment for clients.

  (3) A license holder shall not jeopardize a client's safety or well-being by abusive or inattentive behavior.

  (4) A license holder shall maintain objectivity in all matters concerning the welfare of the client.

  (5) A license holder shall terminate a professional relationship when it is reasonably clear that the client is not benefitting from the services being provided or when it is reasonably clear that the client no longer needs the services.

  (6) A license holder shall seek to identify competent, dependable referral sources for clients and shall refer when requested or appropriate.

  (7) A license holder shall provide accurate information to clients and the public about the nature and management of dyslexia and about the services rendered.

  (8) A license holder shall be knowledgeable of all available diagnostic data and other relevant information regarding each client.

  (9) A license holder shall not guarantee, directly or by implication, the results of any therapeutic or teaching services, except that a reasonable statement of prognosis may be made. A license holder shall not mislead clients to expect results that cannot be predicted from reliable evidence.

  (10) A license holder shall accurately represent and describe any product created or recommended by the license holder.

  (11) A license holder shall not require the exclusive use or purchase of any product created or produced by the license holder as a condition of providing services.

  (12) A license holder shall not use his or her professional relationship with a client to promote any product for personal gain or profit unless the license holder has disclosed to the client the nature of the license holder's personal gain or profit.

  (13) A license holder shall not misrepresent his or her education, training, credentials, or competence.

  (14) A license holder shall fully inform clients of the nature and possible outcomes of services rendered.

  (15) A license holder shall obtain written consent from a client or a minor client's parent or legal guardian in order to use the client's data or information for research or teaching activities.

  (16) A licensed dyslexia practitioner may practice only in an educational setting, including a school, learning center, or clinic. A licensed dyslexia therapist may practice in a school, learning center, clinic, or private practice setting.

  (17) Prior to the commencement of professional services, a license holder in private practice shall provide a client or a minor client's parent or legal guardian with a written agreement for services. The agreement shall contain, at a minimum, a description of the services to be provided, goals, techniques, materials, the cost for services, payment arrangements and policies, hours, cancellation and refund policies, contact information for both parties, and the dated signatures of both parties. Any subsequent modifications to the agreement shall be signed and dated by both parties.

  (18) A license holder in private practice shall maintain legible and accurate records of professional services rendered. A license holder practicing in an educational setting, including a school, learning center, or clinic, shall comply with the recordkeeping requirements of the educational setting.

  (19) A license holder shall not falsify records.

  (20) A license holder in private practice shall maintain records for a minimum of five years following the termination of services. A license holder practicing in an educational setting, including a school, learning center, or clinic, shall comply with the records retention requirements of the educational setting.

  (21) Records are the responsibility and property of the entity or individual who owns the practice or the practice setting.

  (22) A license holder shall bill a client or third party only for the services actually rendered in the manner agreed to by the license holder and the client or the minor client's parent or legal guardian.

  (23) A license holder shall not provide professional services solely by written, telephone, or electronic/video correspondence or communication.

  (24) A license holder shall not provide professional services to a client who is receiving services from another license holder, except with the prior knowledge and consent of the other license holder.

  (25) A license holder shall not reveal, without authorization, any professional or personal information about a client unless required by law or compelled by a court to do so, or unless doing so is necessary to protect the welfare of the client or of the community. If a license holder reveals professional or personal information about a client without authorization, the information disclosed, the person or entity to whom it was disclosed, and the justification for disclosure shall be documented by the license holder in the client's record.

  (26) A license holder shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement upon the written request of a client or the minor client's parent or legal guardian.

  (27) A license holder shall not engage in the medical diagnosis or treatment of clients.

  (28) A license holder in private practice shall not delegate any service requiring professional competence to a person not competent to provide the service. A license holder in private practice is responsible for the services provided by unlicensed persons employed or contracted by the license holder.

  (29) A license holder in private practice shall notify each client or the minor client's parent or legal guardian of the name, address, and telephone number of the department for the purpose of directing complaints to the department by providing notification on a sign prominently placed in the primary place of business or on a written document, such as an agreement or contract for services or an informational brochure provided by a license holder to a client or the minor client's parent or legal guardian.

  (30) A license holder in private practice shall display the license certificate with a current renewal card in the primary location of practice, but shall not display a license certificate or renewal card which has been photographically or otherwise reproduced.

  (31) A license holder shall report, in accordance with 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. A license holder shall make the report not later than the 48th hour after the hour that the license holder first suspects that the child has been or may be abused or neglected. A license holder shall not delegate to, or rely on, another person to make the report.

  (32) A license holder shall not engage in sexual contact, including intercourse or kissing, sexual exploitation, or therapeutic deception, with a client. Sexual contact and sexual intercourse mean the activities and behaviors described in Penal Code, §21.01. Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, which can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Therapeutic deception means a representation by a license holder that sexual contact with, or sexual exploitation by, the license holder is consistent with, or part of, the professional services being provided to the client.

  (33) A license holder shall not use alcohol, or drugs not legally prescribed for the license holder, when the use adversely affects or could adversely affect the provision of professional services.

  (34) A license holder shall not 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.

  (35) A license holder shall comply with all provisions of the Act and this subchapter, as well as any other state or federal law or rule that relates to the provision of professional services by, or the regulation of, the license holder.

  (36) A license holder shall notify the department of changes of name, address, and telephone number and shall provide documentation of name changes as directed by the department. Notification shall be made to the department within 30 days of such changes, in accordance with §140.588 of this title (relating to Changes of Name or Address).

  (37) A license holder shall not obtain a license by means of fraud, misrepresentation, or concealment of a material fact.

  (38) A license holder shall not sell, barter, or offer to sell or barter a license.

  (39) A license holder shall inform the department of any violations of this subchapter or the Act.

  (40) A license holder shall comply with any order issued by the department that relates to the license holder.

  (41) A license holder shall not interfere with a department investigation or disciplinary proceeding by willful misrepresentation or omission of facts to the department or by the use of threats or harassment against any person.

  (42) A license holder shall cooperate with the department by promptly furnishing required documents and by promptly responding to a request for information from the department.

  (43) A license holder shall provide professional services without discrimination based on race, creed, sex, religion, or national origin.

  (44) Information used by a license holder in any advertisement or announcement shall not contain information which is false, inaccurate, misleading, incomplete, out of context, deceptive or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements. False, misleading, or deceptive advertising or advertising not readily subject to verification includes advertising that:

    (A) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;

    (B) makes a representation likely to create an unjustified expectation about the results of a professional service;

    (C) compares a professional's services with another professional's services unless the comparison can be factually substantiated;

    (D) causes confusion or misunderstanding as to the credentials, education, or licensing of a professional;

    (E) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of client; or

    (F) represents in the use of a professional name, a title or professional identification that is expressly or commonly reserved to or used by another profession or professional, unless the license holder is licensed or otherwise authorized to use the title or professional identification.


Source Note: The provisions of this §140.586 adopted to be effective August 19, 2010, 35 TexReg 7072

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