| (a) The purpose of this section is to establish the
standards of professional and ethical conduct required of a license
holder or permit holder and constitutes a code of ethics. It is the
responsibility of all license holders and permit holders to uphold
the highest standards of integrity and ethical principles.
(b) A license holder or permit holder of hearing instruments
must observe and comply with the code of ethics and standards of practice
set forth in this chapter. Any violation of the code of ethics or
standards of practice will constitute unethical conduct or conduct
that discredits the profession of the dispensing and fitting of hearing
instruments and is grounds for disciplinary action.
(c) A license holder or permit holder shall:
(1) offer only those services that are within the person's
professional competency;
(2) comply with client confidentiality rights within
the limits established by the law;
(3) refer a client for those services that the license
holder or permit holder is unable to provide;
(4) comply with the requirements of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA);
(5) ensure that all equipment used is in proper working
order and is properly calibrated; and
(6) comply with any order relating to the license holder
or permit holder which is issued by the commission or executive director.
(d) A license holder or permit holder shall not:
(1) falsify records;
(2) refuse to provide services solely on the basis
of a client's age, gender, race, color, religion, national origin,
or disability;
(3) misrepresent the person's professional credentials
or qualifications;
(4) engage in sexual contact or sexual exploitation
with a client. Sexual contact means the behaviors and activities described
in the Texas Penal Code, §21.01 (relating to Sexual Offenses;
Definitions). Sexual exploitation means a pattern, practice, or scheme
of conduct, which may include sexual contact, that can reasonably
be construed as being for the purposes of sexual arousal, sexual gratification,
or sexual abuse;
(5) provide services while impaired due to the use
of medication, drugs, or alcohol, or a physical or mental health condition;
or
(6) interfere with an investigation or disciplinary
proceeding by willful misrepresentation or omission of facts to the
department or the department's designee or by the use of threats or
harassment against any person.
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