| (a) Enforcement Actions.
(1) If a person or entity violates any provision of
Texas Occupations Code, Chapters 51 or 605, any other applicable statute,
this chapter, or a rule or order issued by the executive director
or commission, proceedings may be instituted to impose administrative
penalties, administrative sanctions, or both in accordance with the
provisions of the Texas Occupations Code and the associated rules.
(2) The enforcement authority granted under Texas Occupations
Code, Chapters 51 or 605, any other applicable statutes, and any associated
rules may be used to enforce the Texas Occupations Code and this chapter.
(b) Fraud, misrepresentation, or concealment. A license,
registration, or facility accreditation may be denied, revoked, suspended,
probated, reprimanded, or an administrative penalty may be imposed
when a license is obtained by fraud, misrepresentation, or concealment
of a material fact, which includes, but is not limited to, the following:
(1) committing fraud, misrepresentation, or concealment
of a material fact submitted with an application or renewal for licensure,
registration, or facility accreditation;
(2) committing fraud, misrepresentation, or concealment
of a material fact submitted with continuing education requirements;
(3) impersonating or acting as a proxy for an examination
candidate;
(4) impersonating or acting as a proxy for a licensee
or registrant at a continuing education activity;
(5) using a proxy to take an examination or to participate
in a continuing education activity;
(6) providing false or misleading information to the
department regarding an inquiry by the department; or
(7) committing other fraud, misrepresentation, or concealment
of a material fact submitted to the board or department.
(c) Fraud or deceit concerning services provided. A
license, registration, or facility accreditation may be denied, revoked,
suspended, probated, reprimanded, or an administrative penalty may
be imposed for fraud or deceit concerning services provided, which
includes, but is not limited to, the following:
(1) placing or causing to be placed, false, misleading,
or deceptive advertising;
(2) making or allowing false, misleading, or deceptive
representations concerning the services or products provided or which
have been provided;
(3) making or allowing false, misleading, or deceptive
representations on an application for employment;
(4) using or allowing a person to use a license or
registration for any fraudulent, misleading, or deceptive purpose;
(5) knowingly employing or professionally associating
with a person or entity who is providing prosthetic or orthotic services
and is not licensed or accredited as required by the Act or this chapter;
(6) forging, altering, or falsifying a physician's
or health care professional's order;
(7) delivering prosthetic or orthotic services or products
through means of misrepresentation, deception, or subterfuge;
(8) accepting or paying, or agreeing to pay or accept
illegal remuneration for the securing or soliciting of patients as
prohibited by Texas Occupations Code, §102.001;
(9) making or filing, or causing another person to
make or file, a report or record that the licensee knows to be inaccurate,
incomplete, false, or illegal;
(10) practicing with an expired, suspended, or revoked
license or registration, or in a facility that is required to be accredited
and has an expired, suspended, or revoked accreditation;
(11) persistently or flagrantly overcharging a client,
patient, or third party;
(12) persistently or flagrantly over treating a client
or patient;
(13) violation of the Act, this chapter, or an order
issued by the executive director or the commission;
(14) taking without authorization medication, supplies,
equipment, or property belonging to a patient; and
(15) other fraud or deceit concerning services provided.
(d) Unprofessional or unethical conduct. A license,
registration, or facility accreditation may be denied, revoked, suspended,
probated, reprimanded, or an administrative penalty may be imposed
for unprofessional or unethical conduct, as defined in subsections
(b) and (c). Other action that may cause a license, registration,
or facility accreditation to be denied, not renewed, revoked, suspended,
or that may cause an administrative penalty to be imposed include,
but are not limited to:
(1) discriminating based on race, color, national origin,
religion, gender, age, or disability in the practice of prosthetics
or orthotics;
(2) having surrendered a license to the department
or the licensing authority of another state, territory, or country
to avoid disciplinary action or prosecution;
(3) having a license revoked or suspended, having had
other disciplinary action taken against the applicant, or having had
the application for a license refused, revoked, or suspended by the
department or the licensing authority of another state, territory,
or country;
(4) engaging in conduct that state, federal, or local
law prohibits;
(5) failing to maintain acceptable standards of prosthetics
or orthotics practices as set forth by the department rules;
(6) being unable to practice prosthetics or orthotics
with reasonable skill, and safety to patients, due to illness or use
of alcohol, drugs, narcotics, chemicals or other types of material
or from mental or physical conditions;
(7) having treated or agreed to treat human ailments
by means other than prosthetic and orthotic treatments appropriate
to or within the scope of the person's license;
(8) failing to supervise and maintain supervision of
clinical or technical personnel, licensed or unlicensed, in compliance
with the Act and this chapter, or failing to provide on-site supervision
for an accredited facility, if designated as the practitioner in charge
of the facility;
(9) providing prosthetic or orthotic services or products
in a way that the person knows, or with the exercise of reasonable
diligence should know violates the Act or this chapter;
(10) failing to assess and evaluate a patient's status;
(11) providing or attempting to provide services for
which the licensee is unprepared through education or experience;
(12) delegating functions or responsibilities to an
individual lacking the ability, knowledge, or license/registration
to perform the function or responsibility;
(13) revealing confidential information concerning
a patient or client except where required or allowed by law;
(14) failing to obtain accreditation for a facility
that must be accredited or failing to renew the accreditation of a
facility that must be accredited;
(15) assaulting or causing, permitting or allowing
physical or emotional injury or impairment of dignity or safety to
the patient or client;
(16) making abusive, harassing, or seductive remarks
to a patient, client, or co-worker in the workplace;
(17) engaging in sexual contact as defined by the Penal
Code, §21.01, with a patient or client as the result of the patient
or client relationship;
(18) failing to follow universal precautions or infection
control standards as required by the Health and Safety Code, Chapter
85, Subchapter I;
(19) submitting false documentation or information
to the department relating to continuing education;
(20) failing or refusing to provide acceptable documentation
of continuing education reported to the department for renewal if
selected for an audit, or if specifically requested by the department;
(21) failing to cooperate with the department during
an investigation of a complaint by not furnishing required documentation
or responding to a request for information or a subpoena issued by
the department or its authorized representative;
(22) interfering with an investigation or disciplinary
proceeding by misrepresentation of facts or by use of threats, retaliation
or harassment against anyone;
(23) fitting a prosthesis or orthosis without an order;
(24) fitting a prosthesis or orthosis inaccurately
or modifying the order without authorization from the prescribing
physician or health care professional;
(25) providing orthotic care in a facility that is
not accredited in orthotics that is required to be accredited;
(26) providing prosthetic care in a facility that is
not accredited in prosthetics that is required to be accredited;
Cont'd... |
