(a) The purpose of this section is to establish the
standards of professional and ethical conduct required of all persons
holding credentials issued under this chapter.
(b) All credentialed persons shall, as applicable to
their area of credentialing:
(1) undertake to perform only services for which they
are qualified by credential, education, training or experience in
the specific technical fields involved;
(2) meet or exceed the minimum standards for mold assessment
and remediation in this chapter;
(3) not participate in activities where a conflict
of interest might arise, pursuant to §1958.155 of the Act (relating
to Conflict of Interest; Disclosure Required) and disclose any known
or potential conflicts of interest to any party affected or potentially
affected by such conflicts;
(4) provide only necessary and desired services to
a client and not sell unnecessary or unwanted products or services;
(5) to the extent required by law, keep confidential
any personal information regarding a client, including medical conditions,
obtained during the course of a mold-related activity;
(6) not misrepresent any professional qualifications
or credentials;
(7) not provide to the department any information that
is false, deceptive, or misleading;
(8) cooperate with the department or the department's
representative or designee by promptly furnishing required documents
or information and by promptly responding to requests for information;
(9) not work if impaired as a result of drugs, alcohol,
sleep deprivation or other conditions and not allow those under their
supervision to work if known to be impaired;
(10) maintain knowledge and skills for continuing professional
competence and participate in continuing education programs and activities;
(11) not make any false, misleading, or deceptive claims,
or claims that are not readily subject to verification, in documents
or statements including any advertising, announcement, presentation,
competitive bidding, mold assessment report, mold analysis, mold remediation
protocol, or mold remediation work plan; and
(12) not make a representation that is designed to
take advantage of the fears or emotions of the public or a customer.
(c) Duty to report ethical violations. All credentialed
persons:
(1) have the responsibility of promptly reporting alleged
misrepresentations or violations of the Act or this chapter to the
department;
(2) are responsible for competent and efficient performance
of their duties and shall report to the department incompetent, illegal,
or unethical conduct of any practitioner of mold assessment or remediation;
and
(3) shall not retaliate against any person who reported
in good faith to the department alleged incompetent, illegal or unethical
conduct.
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