Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 110 - ATHLETIC TRAINERS › Section 110.70 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) An athletic
				trainer shall work under the direction of a licensed physician or another
				qualified, licensed health professional, who is authorized to refer for health
				care services within the scope of the person's license when carrying out the
				practice of prevention, recognition, assessment, management, treatment,
				disposition, and reconditioning of athletic injuries.
(b) A licensee shall not misrepresent any
				professional qualifications or credentials.
(c) A licensee shall not make any false or
				misleading claims about the effectiveness of any athletic training
				care.
(d) A licensee shall not
				promote or endorse products in a manner that is false or misleading.
(e) A licensee shall not abuse alcohol or
				drugs in any manner which detrimentally affects the provision of athletic
				training care.
(f) A licensee shall
				comply with the provisions of the Texas Controlled Substances Act, Health and
				Safety Code, Chapter 481, and the Texas Dangerous Drug Act, Health and Safety
				Code, Chapter 483, and any rules of the Department of State Health Services or
				the Texas State Board of Pharmacy, implementing those statutes.
(g) A licensee shall have the responsibility
				of reporting violations of department rules to the department.
(h) A licensee shall not present false
				information to the department, on any application or other document or in any
				investigation or disciplinary proceeding of the department.
(i) A licensee shall not aid or abet the
				practice of an unlicensed person when that person is required to have a license
				under the Act.
(j) A licensee shall
				comply with any order relating to the licensee, which is issued by the
				executive director or commission.
(k) A licensee shall not provide health care
				services, which are not within the definition of "athletic training" in the
				Act, except in accordance with state and federal laws and rules applicable to
				the provided services including, but not limited to, Occupations Code, Chapter
				157, (relating to a physician's authority to delegate certain medical acts);
				other licensure laws; and laws relating to the possession and distribution of
				controlled substances.
(l) A
				licensee shall not receive or give a commission or rebate or any other form of
				remuneration for the referral of athletes for professional services.
(m) A licensee shall provide athletic
				training services without discrimination based on race, creed, sex, religion,
				national origin, or age.
(n) A
				licensee shall not violate any provision of any federal or state statute
				relating to confidential medical communications and/or records.
(o) A licensee shall not offer professional
				services to a person concurrently receiving the same or similar professional
				services from another individual, except with the knowledge of that
				individual.
(p) A licensee shall
				not engage in sexual contact or sexually exploitive behavior with a person
				receiving athletic training services from the licensee. Sexual contact shall
				mean the activities or behaviors described in the Texas Penal Code, §
									RSA 21.01. Sexually
				exploitive behavior shall mean any verbal or physical conduct that can
				reasonably be construed as intended to arouse or gratify the sexual desire of
				any person.
(q) A licensee shall
				not use advertising that is false, misleading, or deceptive or that is not
				readily subject to verification. False, misleading, or deceptive advertising or
				advertising that is not readily subject to verification includes advertising
				that:
(1) makes a material misrepresentation
				of fact or omits a fact necessary to make the statement as a whole not
				materially misleading;
(2) makes a
				representation likely to create an unjustified expectation about the results of
				a health care service or procedure;
(3) compares a health care professional's
				service with another health care professional's service, unless the comparison
				can be factually substantiated;
(4)
				causes confusion or misunderstanding as to the credentials, education, or
				licensure of a health care professional;
(5) advertises or represents that health care
				insurance deductibles or copayments may be waived or are not applicable to
				health care services to be provided, if the deductibles or copayments are
				required;
(6) advertises or
				represents that the benefits of a health benefit plan will be accepted as full
				payment, when deductibles or copayments are required;
(7) makes a representation that is designed
				to take advantage of the fears or emotions of a particularly susceptible type
				of patient; or
(8) advertises or
				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.