Professional Representation and Responsibilities.
A practitioner shall not misrepresent any professional qualifications or credentials or provide any information that is false, deceptive, or misleading to the department, for employment or work assignment as a respiratory care practitioner, or fail to disclose any information that could affect the decision to employ or assign a task as a respiratory care practitioner.
A practitioner shall not make any false or misleading claims about the efficacy of any services or methods of treatment.
A practitioner shall not extend his or her practice beyond his or her competence and authority vested in him or her by a physician or this Act.
A practitioner shall not permit the use of his or her name for the purpose of documenting that respiratory care services have been rendered unless that practitioner has provided those services.
A practitioner shall not promote or endorse products, services, or equipment in a manner that is false and misleading.
A practitioner shall maintain knowledge and skills for continuing professional competence. A practitioner shall participate in continuing education programs and activities as set out in §123.10 of this title (relating to Continuing Education Requirements).
A practitioner shall not use alcohol or any drugs in any manner which detrimentally affects the provision of respiratory care.
A practitioner shall have the responsibility of reporting alleged misrepresentations or violations of the Act or these sections to the department.
The practitioner shall be responsible for competent and efficient performance of his assigned duties and shall report to the department incompetence and illegal or unethical conduct of members of the profession.
A practitioner shall not retaliate against any person who reported in good faith to the department alleged incompetence; illegal, unethical, or negligent conduct of any practitioner; or alleged misrepresentation or any violation(s) of the Act or these sections.
A practitioner shall keep his or her file updated by notifying the department of changes in preferred mailing address and telephone number.
A practitioner shall not make any false, misleading, or deceptive claims in any advertisement, announcement, presentation, or in competitive bidding.
A practitioner shall conform to medically accepted principles and standards of respiratory care which are those generally recognized by the profession as appropriate for the situation presented, including those promulgated or interpreted by or under the American Association for Respiratory Care, the National Board for Respiratory Care, the Texas Society for Respiratory Therapy, the board, the department, and other professional or governmental bodies.
A practitioner shall not delegate respiratory care functions or responsibilities to a person who lacks the ability or knowledge to perform the function or responsibility. A practitioner providing respiratory care services may be assisted by an aide or orderly. Aides, orderlies and other unlicensed assistive personnel may not perform respiratory care procedures.
A practitioner shall not leave an assignment without being properly relieved by appropriate personnel.
The department shall consider the failure of a practitioner to respond to a request for information or other correspondence relating to the certification process or these sections as unprofessional conduct and grounds for disciplinary proceedings in accordance with §123.14 of this title (relating to Violations, Complaints and Subsequent Actions).
A practitioner shall not employ another person in the capacity of a respiratory care practitioner who does not hold a certificate or permit to practice respiratory care.
A practitioner shall make known to a prospective patient the important aspects of the professional relationship, including fees and arrangement for payment which might affect the decision to enter into a contractual relationship.
A practitioner shall not receive or give a commission or rebate or any other form of direct or indirect remuneration or benefit for the referral of patients/clients for professional services.
A practitioner shall disclose to patients or clients any interest in commercial enterprises which the practitioner promotes through patients or clients for the purpose of direct or indirect personal gain or profit.
A practitioner shall not accept gratuities for preferential consideration of the patient. The practitioner shall guard against conflicts of interest.
A practitioner shall take reasonable action to inform a patient's/client's physician and any appropriate allied health care provider in cases where a patient's/client's cardiorespiratory status indicates a change in medical status.
A practitioner shall not violate any provision of any federal or state statute relating to confidentiality of patient/client communication and/or records. All inquiries shall be referred to the physician in charge of the patient's medical care.
A practitioner shall not engage in any activities that seek to meet the practitioner's personal needs at the expense or detriment of a patient/client.
A practitioner shall practice respiratory care only under the direction of a qualified medical director or other physician licensed by the Texas State Board of Medical Examiners. For the purpose of this section direction shall mean:
A practitioner shall not allow any individual, including a client, temporary permit holder, another practitioner, employee, or one's self to engage in sexual contact on the premises of any job establishment.
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Rules: Title 25 Texas Administrative Code, Chapter 123.