| (a) Professional representation and responsibilities.
(1) A licensee shall act with honesty, integrity, and
fairness.
(2) A licensee shall not misrepresent any professional
qualifications or credentials. A licensee shall not make any false
or misleading claims about the efficacy of any nutrition services
or dietary supplements.
(3) A licensee shall not permit the use of the licensee's
name for the purpose of certifying that nutrition services have been
rendered unless that licensee has provided or supervised the provision
of those services.
(4) A licensee shall not promote or endorse products
in a manner that is false or misleading.
(5) A licensee shall disclose to a client, a person
supervised by the licensee, or an associate any personal gain or profit
from any item, procedure, or service used by the licensee with the
client, supervisee, or associate.
(6) A licensee shall maintain knowledge and skills
required for professional competence. A licensee shall provide nutrition
services based on scientific principles and current information. A
licensee shall present substantiated information and interpret controversial
information without bias.
(7) A licensee shall not abuse alcohol or drugs in
any manner which detrimentally affects the provision of nutrition
services.
(8) A licensee shall comply with the provisions of
the Texas Controlled Substances Act, Health and Safety Code, Chapter
481; 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 chapters.
(9) A licensee shall have the responsibility of reporting
alleged misrepresentations or violations of commission rules to the
department.
(10) A licensee shall comply with any order relating
to the licensee which is issued by the commission or the executive
director.
(11) A licensee shall not aid or abet the practice
or misrepresentation of an unlicensed person when that person is required
to have a license under the Act.
(12) A licensee shall not make any false, misleading,
or deceptive claims in any advertisement, announcement, or presentation
relating to the services of the licensee, any person supervised by
the licensee or any dietary supplement.
(13) A licensee shall conform to generally accepted
principles and standards of dietetic practice which are those generally
recognized by the profession as appropriate for the situation presented,
including those promulgated or interpreted by or under the Academy
or Commission on Dietetic Registration, and other professional or
governmental bodies. A licensee shall recognize and exercise professional
judgment within the limits of the licensee's qualifications and collaborate
with others, seek counsel, or make referrals as appropriate.
(14) A licensee shall not interfere with an investigation
or disciplinary proceeding by willful misrepresentation of facts to
the department or its authorized representative or by the use of threats
or harassment against any person.
(15) A licensee shall report information if required
by the following statutes:
(A) Texas Family Code, Chapter 261, concerning abuse
or neglect of minors; or
(B) Texas Human Resources Code, Chapter 48, concerning
abuse, neglect, or exploitation of elderly persons or persons with
disabilities.
(b) Professional relationships.
(1) A licensee shall make known to a prospective client
the important aspects of the professional relationship including fees
and arrangements for payment which might affect the client's decision
to enter into the relationship. A licensee shall bill a client or
a third party in the manner agreed to by the licensee and in accordance
with state and federal law.
(2) A licensee shall not receive or give a commission
or rebate or any other form of remuneration for the referral of clients
for professional services.
(3) A licensee shall disclose to clients any interest
in commercial enterprises which the licensee promotes for the purpose
of personal gain or profit.
(4) A licensee shall take reasonable action to inform
a client's physician and any appropriate allied health care provider
in cases where a client's nutritional status indicates a change in
medical status.
(5) A licensee shall provide nutrition services without
discrimination based on race, creed, gender, religion, national origin,
or age.
(6) A licensee shall not violate any provision of any
federal or state statute relating to confidentiality of client communication
and/or records. A licensee shall protect confidential information
and make full disclosure about any limitations on the licensee's ability
to guarantee full confidentiality.
(7) A licensee shall not engage in sexual contact with
a client. The term "sexual contact" means any type of sexual behavior
described in the Texas Penal Code, §21.01, and includes sexual
intercourse. A licensee shall not engage in sexual harassment in connection
with professional practice.
(8) A licensee shall terminate a professional relationship
when it is reasonably clear that the client is not benefiting from
the services provided.
(9) A licensee shall not provide services to a client
or the public if by reason of any mental or physical condition of
the licensee, the services cannot be provided with reasonable skill
or safety to the client or the public.
(10) A licensee shall not provide any services which
result in mental or physical injury to a client or which create an
unreasonable risk that the client may be mentally or physically harmed.
(11) A licensee shall provide sufficient information
to enable clients and others to make their own informed decision regarding
nutritional services.
(12) A licensee shall be alert to situations that might
cause a conflict of interest or have the appearance of a conflict.
A licensee shall make full disclosure when a real or potential conflict
of interest arises.
(c) On the written request of a client, a client's
guardian, or a client's parent, if the client is a minor, a licensee
shall provide, in plain language, a written explanation of the charges
for client nutrition services previously made on a bill or statement
for the client. This requirement applies even if the charges are to
be paid by a third party.
(d) A licensee may not persistently or flagrantly overcharge
or overtreat a client.
(e) A licensee shall be subject to disciplinary action
by the commission or department if the licensee is issued a public
letter of reprimand, is assessed a civil penalty by a court, or has
been convicted and ordered to pay court costs under the Crime Victims
Compensation Act, Texas Code of Criminal Procedure, Chapter 56, Subchapter
B (effective until January 1, 2021) and Chapter 56B (effective on
January 1, 2021).
(f) A violation of any provision of this section by
a person who is an applicant or who subsequently applies for a license
(even though the person was not a licensee at the time of the violation)
may be a basis for disapproval of the application.
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