(a) A certified training program, instructor, and promotor(a) or community health worker shall observe and comply with the professional and ethical standards of practice set forth in this subchapter. A violation of the professional and ethical standards constitutes unethical conduct or conduct that discredits or tends to discredit the profession of promotores or community health workers or instructors and is grounds for disciplinary action.
  (1) Professional representation and responsibilities.
    (A) An instructor or promotor(a) or community health worker shall not misrepresent any professional qualifications or credentials or provide any information that is false, deceptive, or misleading.
    (B) An instructor or promotor(a) or community health worker shall not engage in conduct that is prohibited by state, federal, or local law, including those laws prohibiting the use, possession, or distribution of drugs or alcohol.
    (C) An instructor or promotor(a) or community health worker shall not discriminate based on race, creed, gender, sexual orientation, religion, national origin, age, physical disability, or economic status in the performance of community health work services or training.
    (D) An instructor or promotor(a) or community health worker shall maintain knowledge and skills for continuing professional competence by participating in continuing education programs and activities as set out in §146.5(h)(2) of this chapter (relating to Eligibility Requirements and Application Procedures for Community Health Worker Instructors) and §146.6(g)(2) of this chapter (relating to Eligibility Requirements and Application Procedures for Promotores or Community Health Workers), concerning continuing education requirements.
    (E) An instructor or promotor(a) or community health worker shall refrain from providing services that are outside the scope of the profession and shall refer a client for those services that the instructor or promotor(a) or community health worker is unable to meet.
    (F) An instructor or promotor(a) or community health worker shall be responsible for competent and efficient performance of the instructor or promotor(a) or community health worker assigned duties and shall report to the department incompetence and illegal or unethical conduct of members of the profession.
    (G) An instructor or promotor(a) or community health worker shall not retaliate against any person who reported in good faith to the department alleged incompetence; misrepresentation; or illegal, unethical, or negligent conduct of any instructor or promotor(a) or community health worker.
    (H) An instructor or promotor(a) or community health worker shall notify the department of changes in preferred mailing address and telephone number, and email address, if applicable.
    (I) A training program shall not make any misleading, deceptive, or false representation in connection with offering or obtaining approval of a certified curriculum.
    (J) A training program of a certified curriculum shall not discriminate in decisions regarding student recruitment, selection of applicants, training, or instruction based on race, creed, gender, sexual orientation, religion, national origin, age, physical disability, or economic status.
  (2) Relationships with clients.
    (A) An instructor or promotor(a) or community health worker shall not accept gratuities for preferential consideration of the client. The instructor or promotor(a) or community health worker shall guard against conflicts of interest.
    (B) An instructor or promotor(a) or community health worker shall not violate any provision of any federal or state statute or regulation relating to confidentiality of client communication and records.

Source Note: The provisions of this §146.7 adopted to be effective August 20, 2019, 44 TexReg 4317