16 Tex. Admin. Code § 114.90 - Professional Standards and Basis for Disciplinary Action
(a) Enforcement Actions.
(1) If a person or entity violates any
provision of Texas Occupations Code, Chapters 51 or 605, any other applicable
statute, this chapter, or a rule or order issued by the executive director or
commission, proceedings may be instituted to impose administrative penalties,
administrative sanctions, or both in accordance with the provisions of the
Texas Occupations Code and the associated rules.
(2) The enforcement authority granted under
Texas Occupations Code, Chapters 51 or 605, any other applicable statutes, and
any associated rules may be used to enforce the Texas Occupations Code and this
chapter.
(b) Fraud,
misrepresentation, or concealment. A license, registration, or facility
accreditation may be denied, revoked, suspended, probated, reprimanded, or an
administrative penalty may be imposed when a license is obtained by fraud,
misrepresentation, or concealment of a material fact, which includes, but is
not limited to, the following:
(1) committing
fraud, misrepresentation, or concealment of a material fact submitted with an
application or renewal for licensure, registration, or facility
accreditation;
(2) committing
fraud, misrepresentation, or concealment of a material fact submitted with
continuing education requirements;
(3) impersonating or acting as a proxy for an
examination candidate;
(4)
impersonating or acting as a proxy for a licensee or registrant at a continuing
education activity;
(5) using a
proxy to take an examination or to participate in a continuing education
activity;
(6) providing false or
misleading information to the department regarding an inquiry by the
department; or
(7) committing other
fraud, misrepresentation, or concealment of a material fact submitted to the
board or department.
(c)
Fraud or deceit concerning services provided. A license, registration, or
facility accreditation may be denied, revoked, suspended, probated,
reprimanded, or an administrative penalty may be imposed for fraud or deceit
concerning services provided, which includes, but is not limited to, the
following:
(1) placing or causing to be
placed, false, misleading, or deceptive advertising;
(2) making or allowing false, misleading, or
deceptive representations concerning the services or products provided or which
have been provided;
(3) making or
allowing false, misleading, or deceptive representations on an application for
employment;
(4) using or allowing a
person to use a license or registration for any fraudulent, misleading, or
deceptive purpose;
(5) knowingly
employing or professionally associating with a person or entity who is
providing prosthetic or orthotic services and is not licensed or accredited as
required by the Act or this chapter;
(6) forging, altering, or falsifying a
physician's or health care professional's order;
(7) delivering prosthetic or orthotic
services or products through means of misrepresentation, deception, or
subterfuge;
(8) accepting or
paying, or agreeing to pay or accept illegal remuneration for the securing or
soliciting of patients as prohibited by Texas Occupations Code, §
102.001;
(9) making or filing, or causing another
person to make or file, a report or record that the licensee knows to be
inaccurate, incomplete, false, or illegal;
(10) practicing with an expired, suspended,
or revoked license or registration, or in a facility that is required to be
accredited and has an expired, suspended, or revoked accreditation;
(11) persistently or flagrantly overcharging
a client, patient, or third party;
(12) persistently or flagrantly over treating
a client or patient;
(13) violation
of the Act, this chapter, or an order issued by the executive director or the
commission;
(14) taking without
authorization medication, supplies, equipment, or property belonging to a
patient; and
(15) other fraud or
deceit concerning services provided.
(d) Unprofessional or unethical conduct. A
license, registration, or facility accreditation may be denied, revoked,
suspended, probated, reprimanded, or an administrative penalty may be imposed
for unprofessional or unethical conduct, as defined in subsections (b) and (c).
Other action that may cause a license, registration, or facility accreditation
to be denied, not renewed, revoked, suspended, or that may cause an
administrative penalty to be imposed include, but are not limited to:
(1) discriminating based on race, color,
national origin, religion, gender, age, or disability in the practice of
prosthetics or orthotics;
(2)
having surrendered a license to the department or the licensing authority of
another state, territory, or country to avoid disciplinary action or
prosecution;
(3) having a license
revoked or suspended, having had other disciplinary action taken against the
applicant, or having had the application for a license refused, revoked, or
suspended by the department or the licensing authority of another state,
territory, or country;
(4) engaging
in conduct that state, federal, or local law prohibits;
(5) failing to maintain acceptable standards
of prosthetics or orthotics practices as set forth by the department
rules;
(6) being unable to practice
prosthetics or orthotics with reasonable skill, and safety to patients, due to
illness or use of alcohol, drugs, narcotics, chemicals or other types of
material or from mental or physical conditions;
(7) having treated or agreed to treat human
ailments by means other than prosthetic and orthotic treatments appropriate to
or within the scope of the person's license;
(8) failing to supervise and maintain
supervision of clinical or technical personnel, licensed or unlicensed, in
compliance with the Act and this chapter, or failing to provide on-site
supervision for an accredited facility, if designated as the practitioner in
charge of the facility;
(9)
providing prosthetic or orthotic services or products in a way that the person
knows, or with the exercise of reasonable diligence should know violates the
Act or this chapter;
(10) failing
to assess and evaluate a patient's status;
(11) providing or attempting to provide
services for which the licensee is unprepared through education or
experience;
(12) delegating
functions or responsibilities to an individual lacking the ability, knowledge,
or license/registration to perform the function or responsibility;
(13) revealing confidential information
concerning a patient or client except where required or allowed by
law;
(14) failing to obtain
accreditation for a facility that must be accredited or failing to renew the
accreditation of a facility that must be accredited;
(15) assaulting or causing, permitting or
allowing physical or emotional injury or impairment of dignity or safety to the
patient or client;
(16) making
abusive, harassing, or seductive remarks to a patient, client, or co-worker in
the workplace;
(17) engaging in
sexual contact as defined by the Penal Code, §
21.01, with a patient or
client as the result of the patient or client relationship;
(18) failing to follow universal precautions
or infection control standards as required by the Health and Safety Code,
Chapter 85, Subchapter I;
(19)
submitting false documentation or information to the department relating to
continuing education;
(20) failing
or refusing to provide acceptable documentation of continuing education
reported to the department for renewal if selected for an audit, or if
specifically requested by the department;
(21) failing to cooperate with the department
during an investigation of a complaint by not furnishing required documentation
or responding to a request for information or a subpoena issued by the
department or its authorized representative;
(22) interfering with an investigation or
disciplinary proceeding by misrepresentation of facts or by use of threats,
retaliation or harassment against anyone;
(23) fitting a prosthesis or orthosis without
an order;
(24) fitting a prosthesis
or orthosis inaccurately or modifying the order without authorization from the
prescribing physician or health care professional;
(25) providing orthotic care in a facility
that is not accredited in orthotics that is required to be
accredited;
(26) providing
prosthetic care in a facility that is not accredited in prosthetics that is
required to be accredited;
(27)
failing to truthfully respond in a manner that fully discloses all information
in an honest, materially responsive and timely manner to a complaint filed with
or by the department;
(28) failing
to report a known violation of the Act or this chapter to the
department;
(29) failing to comply
with an order issued by the executive director or the commission; and
(30) other unprofessional or unethical
conduct.
(e) Gross
negligence or malpractice. A license, registration, or facility accreditation
may be denied, revoked, suspended, probated, reprimanded, or an administrative
penalty may be imposed for gross negligence or malpractice, which includes, but
is not limited to, the following.
(1)
Performing an act or omission constituting gross neglect, such as conduct
involving malice, willfulness or wanton and reckless disregard of the rights of
others;
(2) Performing an act or
omission constituting malpractice, such as:
(A) failing to perform services or provide
products for which compensation has been received or failing to perform
services or provide products with reasonable care, skill, expedience, and
faithfulness;
(B) failing to do
that which a person of ordinary prudence would have done under the same or
similar circumstances, or doing that which a person of ordinary prudence would
not have done under the same or similar circumstances.
(f) Interference with an
investigation. A license, registration, or facility accreditation may be
denied, revoked, suspended, probated, reprimanded, or an administrative penalty
may be imposed for interference with a department investigation by the
misrepresentation of facts to the department or its authorized representative
or by the use of threats or harassment against any person.
(g) Surrender of license and formal
disciplinary action.
(1) When a licensee or
accredited facility has offered the surrender of the license or accreditation
after a complaint has been filed, the department shall consider whether to
accept the surrender of the license.
(2) Surrender of a license or accreditation
without acceptance by the department does not deprive the department of
jurisdiction to prosecute an alleged violation of the Act or this
chapter.
(3) When the department
accepts a surrender while a complaint is pending, that surrender is deemed to
be the result of a formal disciplinary action and an order shall be prepared
accepting the surrender and reflecting this fact.
(4) A license surrendered and accepted may
not be reinstated; however, a person may apply for a new license in accordance
with the Act and this chapter.
(h) Frivolous complaints. A license,
registration, or facility accreditation may be denied, revoked, suspended,
probated, reprimanded, or an administrative penalty may be imposed for filing a
complaint with the department that is frivolous or made in bad faith.
Notes
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