| (a) An athletic trainer, when carrying out the practice
of athletic training in accordance with §451.001(3) of the Act,
shall work under the direction of a licensed physician or another
qualified, licensed health professional, who is authorized to refer
for health care services within the scope of the person's license.
(b) A licensee shall not misrepresent any professional
qualifications or credentials.
(c) A licensee shall not make any false or misleading
claims about the effectiveness of any athletic training care.
(d) A licensee shall not promote or endorse products
in a manner that is false or misleading.
(e) A licensee shall not abuse alcohol or drugs in
any manner which detrimentally affects the provision of athletic training
care.
(f) A licensee shall comply with the provisions of
the Texas Controlled Substances Act, Health and Safety Code, Chapter
481, and 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 statutes.
(g) A licensee shall have the responsibility of reporting
violations of department rules to the department.
(h) A licensee shall not present false information
to the department, on any application or other document or in any
investigation or disciplinary proceeding of the department.
(i) A licensee shall not aid or abet the practice of
an unlicensed person when that person is required to have a license
under the Act.
(j) A licensee shall comply with any order relating
to the licensee, which is issued by the executive director or commission.
(k) A licensee shall not provide health care services,
which are not within the definition of "athletic training" in the
Act, except in accordance with state and federal laws and rules applicable
to the provided services including, but not limited to, Occupations
Code, Chapter 157 (relating to a physician's authority to delegate
certain medical acts); other licensure laws; and laws relating to
the possession and distribution of controlled substances.
(l) A licensee shall not receive or give a commission
or rebate or any other form of remuneration for the referral of athletes
for professional services.
(m) A licensee shall provide athletic training services
without discrimination based on race, creed, sex, religion, national
origin, or age.
(n) A licensee shall not violate any provision of any
federal or state statute relating to confidential medical communications
and/or records.
(o) A licensee shall not offer professional services
to a person concurrently receiving the same or similar professional
services from another individual, except with the knowledge of that
individual.
(p) A licensee shall not engage in sexual contact or
sexually exploitive behavior with a person receiving athletic training
services from the licensee. Sexual contact shall mean the activities
or behaviors described in the Texas Penal Code, §21.01. Sexually
exploitive behavior shall mean any verbal or physical conduct that
can reasonably be construed as intended to arouse or gratify the sexual
desire of any person.
(q) 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 service, unless the comparison
can be factually substantiated;
(4) causes confusion or misunderstanding as to the
credentials, education, or licensure of a health care professional;
(5) 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
required;
(6) advertises or represents that the benefits of a
health benefit plan will be accepted as full payment, when deductibles
or copayments are required;
(7) makes a representation that is designed to take
advantage of the fears or emotions of a particularly susceptible type
of patient; or
(8) 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.
(r) 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 athletic training services previously made on a bill or a statement
for the client. This requirement applies even if the charges are to
be paid by a third party.
(s) Unreasonable or medically unnecessary billing is
prohibited.
(t) The license certificate shall be displayed in the
primary office or place of employment of the licensee. In the absence
of a primary office or place of employment or when the licensee is
employed in multiple locations, the licensee shall carry a current
license identification card.
(u) Neither the licensee nor anyone else, shall display
a photocopy of a license certificate or carry a photocopy of a license
identification card in lieu of the original document.
(v) Neither the licensee nor anyone else, shall make
any alteration on a license certificate or identification card issued
by the department.
(w) The licensee shall notify the department of changes
in name or preferred mailing address within thirty (30) days of such
change.
(x) A licensee may not violate any provision of the
Act or this chapter.
(y) A person may not hold himself or herself out as
an athletic trainer or perform any of the duties of an athletic trainer
as defined in the Act, unless the person holds an appropriate license
issued under the Act. A person may not hold himself or herself out
as an athletic trainer by implying that he or she has the title of
"licensed athletic trainer," "sports trainer," or "athletic trainer"
or using the letters "LAT," "LATC," or "AT" or any facsimile of those
titles in any manner, unless the person holds a license issued under
the Act.
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