(a) A Professional Geoscientist, a Geoscientist-in-Training,
or Geoscience Firm shall not directly or indirectly perform an act,
omit or allow an omission, make an assertion, or otherwise engage
in a practice in such a manner as to:
(1) Defraud;
(2) Deceive; or
(3) Create a misleading impression.
(b) A Professional Geoscientist, a Geoscientist-in-Training,
or Geoscience Firm shall not advertise publicly or individually to
a client or prospective client in a manner that is false, deceptive,
misleading, inaccurate, incomplete, out of context, or not verifiable.
(c) A Professional Geoscientist, a Geoscientist-in-Training,
or Geoscience Firm shall not directly or indirectly solicit, offer,
give, or receive anything or any service of significant value as an
inducement or reward to secure any specific government-funded geoscience
services.
(d) A Professional Geoscientist, a Geoscientist-in-Training,
or Geoscience Firm shall not make any false, misleading, deceptive,
fraudulent or exaggerated claims or statements about the services
of an individual or organization, including, but not limited to, the
effectiveness of geoscience services, qualifications, or products.
(e) If a Professional Geoscientist, a Geoscientist-in-Training,
or Geoscience Firm learns that any false, misleading, deceptive, fraudulent
or exaggerated claims or statement about the geoscience services,
qualifications or products have been made, the licensee shall take
reasonable steps to correct the inappropriate claims. As appropriate,
the Professional Geoscientist, a Geoscientist-in-Training, or Geoscience
Firm may notify the TBPG in writing about these claims.
(f) Professional Geoscientists and Geoscience Firms
shall issue statements in an objective and truthful manner. Professional
Geoscientists, Geoscientist-in-Training, and Geoscience Firms must
make reasonable efforts to make affected parties aware of the concerns
regarding particular actions or projects, and of the public health,
safety, and welfare consequences of geoscientific decisions or judgments
that are overruled or disregarded.
(g) A Geoscience Firm that retains or hires others
to advertise or promote the firm's practice remains responsible for
the statements and representations made.
(h) A Geoscience Firm shall maintain a work environment
that uses standard operating procedures and quality assurance/quality
control standards related to the Geoscience Firm's practice to ensure
that the Geoscience Firm protects the public health, safety, and welfare.
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Source Note: The provisions of this §851.104 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2012, 36 TexReg 8826; amended to be effective November 1, 2012, 37 TexReg 8019; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947 |