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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 146TRAINING AND REGULATION OF PROMOTORES OR COMMUNITY HEALTH WORKERS
RULE §146.7Professional and Ethical Standards

The purpose of this section shall be to establish the standards of professional and ethical conduct required of an instructor, training program, promotor(a) or community health worker pursuant to the Health and Safety Code, Chapter 48.

  (1) Professional representation and responsibilities.

    (A) An instructor, promotor(a) or community health worker shall not misrepresent any professional qualifications or credentials or provide any information that is false, deceptive, or misleading to the department, for employment or work assignment as an instructor, promotor(a) or community health worker, or fail to disclose any information that could affect the decision to employ or assign a task as an instructor, promotor(a) or community health worker.

    (B) An instructor, promotor(a) or community health worker shall maintain knowledge and skills for continuing professional competence. An instructor, promotor(a) or community health worker shall participate in continuing education programs and activities as set out in §146.5(m) and §146.6(m) of this title concerning continuing education requirements.

    (C) An instructor, promotor(a) or community health worker shall be responsible for competent and efficient performance of his or her assigned duties and shall report to the department incompetence and illegal or unethical conduct of members of the profession.

    (D) An instructor, promotor(a) or community health worker shall not retaliate against any person who reported in good faith to the department alleged incompetence; illegal, unethical, or negligent conduct of any instructor, promotor(a) or community health worker; or alleged misrepresentation or any violation(s) of the Health and Safety Code, Chapter 48, or this chapter.

    (E) An instructor, promotor(a) or community health worker shall keep his or her file updated by notifying the department of changes in preferred mailing address and telephone number, and email address, if applicable.

    (F) An instructor, promotor(a) or community health worker shall not engage in conduct that is prohibited by state, federal, or local law, including those laws prohibiting the use, possession, or distribution of drugs or alcohol.

    (G) An instructor, promotor(a) or community health worker shall not discriminate on the basis of race, creed, gender, sexual orientation, religion, national origin, age, physical disability or economic status in the performance of community health work services or training.

    (H) A sponsoring organization shall not make any misleading, deceptive, or false representations in connection with offering or obtaining approval of a certified curriculum.

    (I) A sponsoring organization of a certified curriculum shall not discriminate in decisions regarding student recruitment, selection of applicants, student training or instruction on the basis of race, creed, gender, sexual orientation, religion, national origin, age, physical disability, or economic status.

  (2) Relationships with patients/clients.

    (A) An instructor, promotor(a) or community health worker shall not accept gratuities for preferential consideration of the patient/client. The instructor, promotor(a) or community health worker shall guard against conflicts of interest.

    (B) An instructor, promotor(a) or community health worker shall not violate any provision of any federal or state statute relating to confidentiality of patient/client communication and/or records.


Source Note: The provisions of this §146.7 adopted to be effective June 24, 2015, 40 TexReg 3828

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