22 Tex. Admin. Code § 108.58 - Solicitation, Referrals and Gift Schemes
(a) This rule prohibits conduct which
violates §§102.001 - 102.011 and §259.008(8), of the Texas
Occupations Code. A licensee shall not offer, give, dispense, distribute or
make available to any third party or aid or abet another so to do, any cash,
gift, premium, chance, reward, ticket, item, or thing of value for securing or
soliciting patients. A licensee may offer, give, dispense, distribute or make
available directly to a potential patient, a non-cash gift valued at no more
than ten dollars to secure or solicit the potential patient.
(b) This rule shall not be construed to
prohibit a licensee from offering, giving, dispensing, distributing or making
available to any patient of record any cash premium, chance, reward, ticket,
item or thing of value for the continuation of that relationship as a patient
of that licensee. The cash premium, chance, reward, ticket, item or thing of
value cannot be for the purpose of soliciting new patients.
(c) This rule shall not be construed to
prohibit remuneration for advertising, marketing, or other services that are
provided for the purpose of securing or soliciting patients, provided the
remuneration is set in advance, is consistent with the fair market value of the
services, and is not based on the volume or value of any patient referrals.
Notes
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