(a) A certified training program, instructor, and promotor(a)
or community health worker shall observe and comply with the professional
and ethical standards of practice set forth in this subchapter. A
violation of the professional and ethical standards constitutes unethical
conduct or conduct that discredits or tends to discredit the profession
of promotores or community health workers or instructors and is grounds
for disciplinary action.
(1) Professional representation and responsibilities.
(A) An instructor or promotor(a) or community health
worker shall not misrepresent any professional qualifications or credentials
or provide any information that is false, deceptive, or misleading.
(B) An instructor or 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.
(C) An instructor or promotor(a) or community health
worker shall not discriminate based on race, creed, gender, sexual
orientation, religion, national origin, age, physical disability,
or economic status in the performance of community health work services
or training.
(D) An instructor or promotor(a) or community health
worker shall maintain knowledge and skills for continuing professional
competence by participating in continuing education programs and activities
as set out in §146.5(h)(2) of this chapter (relating to Eligibility
Requirements and Application Procedures for Community Health Worker
Instructors) and §146.6(g)(2) of this chapter (relating to Eligibility
Requirements and Application Procedures for Promotores or Community
Health Workers), concerning continuing education requirements.
(E) An instructor or promotor(a) or community health
worker shall refrain from providing services that are outside the
scope of the profession and shall refer a client for those services
that the instructor or promotor(a) or community health worker is unable
to meet.
(F) An instructor or promotor(a) or community health
worker shall be responsible for competent and efficient performance
of the instructor or promotor(a) or community health worker assigned
duties and shall report to the department incompetence and illegal
or unethical conduct of members of the profession.
(G) An instructor or promotor(a) or community health
worker shall not retaliate against any person who reported in good
faith to the department alleged incompetence; misrepresentation; or
illegal, unethical, or negligent conduct of any instructor or promotor(a)
or community health worker.
(H) An instructor or promotor(a) or community health
worker shall notify the department of changes in preferred mailing
address and telephone number, and email address, if applicable.
(I) A training program shall not make any misleading,
deceptive, or false representation in connection with offering or
obtaining approval of a certified curriculum.
(J) A training program of a certified curriculum shall
not discriminate in decisions regarding student recruitment, selection
of applicants, training, or instruction based on race, creed, gender,
sexual orientation, religion, national origin, age, physical disability,
or economic status.
(2) Relationships with clients.
(A) An instructor or promotor(a) or community health
worker shall not accept gratuities for preferential consideration
of the client. The instructor or promotor(a) or community health worker
shall guard against conflicts of interest.
(B) An instructor or promotor(a) or community health
worker shall not violate any provision of any federal or state statute
or regulation relating to confidentiality of client communication
and records.
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