|(a) A licensee shall not intentionally or knowingly
offer to pay or agree 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 securing or
soliciting patients or patronage. The provisions of the Health and
Safety Code, §161.091 relating to the prohibition of illegal
remuneration apply to medical physicists.
(b) A licensee shall maintain confidentiality of medical
records in accordance with the Medical Practice Act, Texas Occupations
Code, Chapter 152, and other state or federal statutes or rules where
such statutes or rules apply to a licensed medical physicist.
(c) A licensee shall not misrepresent any professional
qualifications or associations.
(d) A licensee shall not knowingly misrepresent services
or attributes of any health care agency, facility, or organization.
(e) A licensee shall not make misleading, deceptive,
or false claims about the efficacy of any medical physicist's services
or allow a client to hold exaggerated ideas about the efficacy of
(f) A licensee shall not use illegal drugs of any kind
or promote, encourage, or concur in the illegal use or possession
of alcohol or drugs.
(g) A licensee shall not use alcohol or any drug in
any manner that adversely affects his or her practice of medical physics.
(h) A licensee shall report alleged violations of the
Act or this chapter to the board.
(i) A licensee shall not claim or advertise expertise
in a specialty area or practice in an area of specialty unless the
medical physicist holds a license in that specialty.
(j) A licensee shall not direct, aid, or abet the practice
of any other person in violation of the Act.
(k) A licensee shall not make any false statements
regarding his or her provision of services as a medical physicist.
(l) A licensee shall make a reasonable attempt to notify
each contractor, employer or client of the name, mailing address,
and telephone number of the board for the purpose of directing complaints
to the board by providing notification:
(1) on each written contract for services of a licensee;
(2) on a sign prominently displayed in the primary
place of business of each licensee; or
(3) in a bill for service provided by a licensee to
a contractor, employer, client, or third party.
(m) A licensee shall not use advertising that is false,
misleading, or deceptive or that is not readily subject to verification.
False, misleading, or deceptive advertising or advertising that is
not readily subject to verification includes advertising that:
(1) makes a material misrepresentation of fact or omits
a fact necessary to make the statement as a whole not materially misleading;
(2) makes a representation likely to create an unjustified
expectation about the results of a health care service or procedure;
(3) compares a health care professional's service with
another health care professional's services unless the comparison
can be factually substantiated;
(4) contains a testimonial that is anonymous or is
not readily verifiable;
(5) causes confusion or misunderstanding as to the
credentials, education, or licensure of a health care professional;
(6) advertises or represents that health care insurance
deductibles or copayments may be waived or are not applicable to health
care services to be provided if the deductibles or copayments are
(7) advertises or represents that the benefits of a
health benefit plan will be accepted as full payment when deductibles
or copayments are required;
(8) makes a representation that is designed to take
advantage of the fears or emotions of a particularly susceptible type
of patient; or
(9) advertises or represents in the use of a professional
name a title or professional identification that is expressly or commonly
reserved to or used by another profession or professional.
(n) A licensee shall not undertake work or agree to
perform activities for which the licensee is not qualified by education,
experience, or training. A licensee shall disclose known limitations
in the licensee's ability, if applicable or relevant. A licensee shall
seek additional education, training, or consultation when appropriate.
(o) A licensee shall ensure, to the extent possible,
that documents, data, and work product are accessible to the licensee's
employer, client, or other relevant parties in the event the business
or employment relationship is terminated, or in case of the disability
or death of the licensee.
(p) A licensee who is providing supervision to a training
licensee shall comply with board rules relating to supervision and
with the terms of supervision plans approved by the board. A training
licensee shall also comply with board rules relating to supervision
and with the terms of supervision plans approved by the board.
(q) A licensee shall not:
(1) engage in sexual contact with a patient or a supervisee;
(2) engage in sexually inappropriate behavior or comments
directed towards a patient or supervisee;
(3) become financially or personally involved with
a patient or supervisee in an inappropriate manner.
(r) A licensee shall cooperate with the board by furnishing
documents or information and by responding to a request for information
from or a subpoena issued by the board or its authorized representative.
A licensee shall not interfere with a board investigation by the willful
misrepresentation of facts to the board or its authorized representative
or by the use of threats or harassment against any person.
(s) A licensee shall practice in accordance with applicable
state and federal statutes and rules.