Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 374 - DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS › Section 374.2 - Detrimental Practice

Current through Reg. 49, No. 28; July 12, 2024
The Act, §454.301(a)(6) states "practiced occupational
				  therapy in a manner detrimental to the public health and welfare," which is
				  defined but not limited to the following:
(1) impersonating another person holding an
				occupational therapy license or allowing another person to use his or her
				license;
(2) using occupational
				therapy techniques or modalities for purposes not consistent with the
				development of occupational therapy as a profession, as a science, or as a
				means for promoting the public health and welfare;
(3) failing to report or otherwise concealing
				information related to violations of the Act, or rules and regulations pursuant
				to the Act, which could therefore result in harm to the public health and
				welfare or damage the reputation of the profession;
(4) intentionally making or filing a false or
				misleading report, or failing to file a report when it is required by law or
				third person, or intentionally obstructing or attempting to obstruct another
				person from filing such a report;
(5) intentionally harassing, abusing, or
				intimidating a patient either physically or verbally;
(6) intentionally or knowingly offering to
				pay or agreeing 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 receiving or soliciting patients or
				patronage, regardless of source of reimbursement, unless said business
				arrangement or payments practice is acceptable under the Texas Health and
				Safety Code, §§ 161.091 - 161.094, the Social Security Act,
				§1128B,
				42
				United States Code 1320a-7b, or the Social
				Security Act, §1877,
				42 United States Code
				1395nn or its regulations;
(7) recommending or prescribing therapeutic
				devices or modalities sold by a third person for the purpose or with the result
				of receiving a fee or other consideration from the third person;
(8) breaching the confidentiality of the
				patient/therapist relationship;
(9)
				failing to obtain informed consent prior to engaging in scientific research
				involving patients, or otherwise violating ethical principles of research as
				defined by the TBOTE Code of Ethics, §
									374.4
				of this title (relating to Code of Ethics), or other occupational therapy
				standards;
(10) practicing
				occupational therapy after the expiration of a temporary, provisional, or
				regular license;
(11) violation of
				Chapter 373 of this title (relating to Supervision);
(12) advertising in a manner which is false,
				misleading, or deceptive;
(13)
				failing to give sufficient prior written notice of resignation of employment
				(or termination of contract) resulting in loss or delay of patient treatment
				for those patients/clients under the licensee's care; or
(14) failing to maintain the confidentiality
				of all verbal, written, electronic, augmentative, and nonverbal communication,
				including compliance with HIPAA regulations.