(a) An advertisement by a licensee or registrant soliciting or advertising business must contain the name and address of the licensee or registrant as shown in the department's records.
(b) A licensee shall require each of its employees or other persons who monitor or respond to personal emergency response devices or systems to complete a structured, on-the-job training program.
  (1) A licensee shall include content in the training program that is customized and specific to the services provided by the licensee and to the licensee's consumers.
  (2) A licensee shall, upon request by the department, provide documentation regarding the content of the training program and verifying that the training program has been successfully completed by all required personnel.
(c) A licensee is responsible for the conduct in the licensee's business of each employee of the licensee while the employee is performing assigned duties for the licensee.
(d) A licensee shall verify and maintain records on all employees, including the information required by the Act, §781.155 (relating to Application for Registration); and shall provide evidence of verification to the department upon request.
(e) A licensee shall at all times post the license in a conspicuous place in the principal place of the licensee's business and each branch office license in a conspicuous place in each branch office of the licensee.
(f) A licensee shall notify the department in writing not later than the 14th day after the date of:
  (1) a change of address for the licensee's principal place of business;
  (2) a change of a name under which the licensee does business; or
  (3) a change in the licensee's officers or partners.
(g) A licensee shall notify the department in writing not later than the 14th day after the date a branch office is established, is closed, or changes address or location.
(h) A licensee shall provide PERS services pursuant to a written contract or agreement signed by the licensee and the client or the client's authorized representative. A licensee shall provide a copy of the contract or agreement to the client or the department upon request. The contract or agreement shall include, but not be limited to, a description of the PERS services and products to be provided and the fees for services and arrangements for payment. A licensee shall inform the client in writing of any changes to the contract or agreement and shall secure the client's or the client's authorized representative's signature verifying agreement with the changes.
(i) An advertisement or announcement used by a licensee or registrant relating to the provision of PERS services shall not contain information which is false, misleading, inaccurate, incomplete, out of context, deceptive, or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements.
(j) False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes, but is not limited to, advertising that:
  (1) makes any material misrepresentation of facts or omits a fact necessary to make the statement as a whole not materially misleading;
  (2) makes any representation likely to create an unjustified expectation about the results of a health care service or procedure;
  (3) compares a licensee's services with another licensee's services unless the comparison can be factually substantiated;
  (4) causes confusion or misunderstanding as to the credentials, education, or licensure of a licensee;
  (5) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of consumer; or
  (6) 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.
(k) A licensee or registrant who retains or hires others to advertise or promote the licensee's business remains responsible for the statements and representations made.
(l) Licensees and registrants are bound by the provisions of the Act and this chapter.
(m) A licensee or registrant shall cooperate with the department by furnishing documents or information and by responding to a request for information from the department.
(n) A licensee or registrant shall comply with the terms of any order issued by the department relating to the licensee or registrant.
(o) A licensee or registrant shall not interfere with a department investigation by the willful misrepresentation of facts to the department or by the use of threats or harassment against any person.
(p) A licensee or registrant shall take reasonable action to inform medical or law enforcement personnel if the licensee or registrant determines that there is a definite probability of imminent physical injury to a client or determines that an emergency situation exists.
(q) For each client, a licensee or registrant shall maintain complete and accurate records including, but not limited to, the dates of services, the activation of and response to a client's alarm device, a detailed history of client calls and responses, and billing information.
(r) A licensee or registrant shall maintain records for as long as the client is receiving PERS services, and for five years after the termination of services.
(s) A licensee or registrant shall not engage in habitual drunkenness or be addicted to or dependent upon narcotics or illegal substances.
(t) A licensee or registrant shall not engage in sexual contact or sexual exploitation with a client.
(u) Sexual contact means the activities and behaviors described by Texas Penal Code, §21.01; or requests by a licensee or registrant for conduct described by Texas Penal Code, §21.01.
(v) Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, which can reasonably be construed as being for the purposes of sexual arousal or sexual gratification or sexual abuse of any person.

Source Note: The provisions of this §140.40 adopted to be effective February 1, 2007, 32 TexReg 314