The Act, §454.301(a)(6) states "practiced occupational
therapy in a manner detrimental to the public health and welfare,"
which is defined but not limited to the following:
(1) impersonating another person holding an occupational
therapy license or allowing another person to use his or her license;
(2) using occupational therapy techniques or modalities
for purposes not consistent with the development of occupational therapy
as a profession, as a science, or as a means for promoting the public
health and welfare;
(3) failing to report or otherwise concealing information
related to violations of the Act, or rules and regulations pursuant
to the Act, which could therefore result in harm to the public health
and welfare or damage the reputation of the profession;
(4) intentionally making or filing a false or misleading
report, or failing to file a report when it is required by law or
third person, or intentionally obstructing or attempting to obstruct
another person from filing such a report;
(5) intentionally harassing, abusing, or intimidating
a patient either physically or verbally;
(6) intentionally or knowingly offering to pay or agreeing
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 receiving or soliciting patients or
patronage, regardless of source of reimbursement, unless said business
arrangement or payments practice is acceptable under the Texas Health
and Safety Code, §§161.091 - 161.094, the Social Security
Act, §1128B, 42 United States Code 1320a-7b, or the Social Security
Act, §1877, 42 United States Code 1395nn or its regulations;
(7) recommending or prescribing therapeutic devices
or modalities sold by a third person for the purpose or with the result
of receiving a fee or other consideration from the third person;
(8) breaching the confidentiality of the patient/therapist
relationship;
(9) failing to obtain informed consent prior to engaging
in scientific research involving patients, or otherwise violating
ethical principles of research as defined by the TBOTE Code of Ethics,
§374.4 of this title (relating to Code of Ethics), or other occupational
therapy standards;
(10) practicing occupational therapy after the expiration
of a temporary, provisional, or regular license;
(11) violation of Chapter 373 of this title (relating
to Supervision);
(12) advertising in a manner which is false, misleading,
or deceptive;
(13) failing to give sufficient prior written notice
of resignation of employment (or termination of contract) resulting
in loss or delay of patient treatment for those patients/clients under
the licensee's care; or
(14) failing to maintain the confidentiality of all
verbal, written, electronic, augmentative, and nonverbal communication,
including compliance with HIPAA regulations.
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| Source Note: The provisions of this §374.2 adopted to be effective October 11, 1994, 19 TexReg 7718; amended to be effective May 8, 1996, 21 TexReg 3718; amended to be effective July 22, 2001, 26 TexReg 5444; amended to be effective August 19, 2010, 35 TexReg 7084; amended to be effective June 1, 2015, 40 TexReg 3200; amended to be effective September 1, 2019, 44 TexReg 4328 |
