(a) A licensee shall not intentionally or knowingly offer to pay or agree 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 securing or soliciting patients or patronage. The provisions of the Health and Safety Code, §161.091 relating to the prohibition of illegal remuneration apply to medical physicists.
(b) A licensee shall maintain confidentiality of medical records in accordance with the Medical Practice Act, Texas Occupations Code, Chapter 152, and other state or federal statutes or rules where such statutes or rules apply to a licensed medical physicist.
(c) A licensee shall not misrepresent any professional qualifications or associations.
(d) A licensee shall not knowingly misrepresent services or attributes of any health care agency, facility, or organization.
(e) A licensee shall not make misleading, deceptive, or false claims about the efficacy of any medical physicist's services or allow a client to hold exaggerated ideas about the efficacy of the services.
(f) A licensee shall not use illegal drugs of any kind or promote, encourage, or concur in the illegal use or possession of alcohol or drugs.
(g) A licensee shall not use alcohol or any drug in any manner that adversely affects his or her practice of medical physics.
(h) A licensee shall report alleged violations of the Act or this chapter to the board.
(i) A licensee shall not claim or advertise expertise in a specialty area or practice in an area of specialty unless the medical physicist holds a license in that specialty.
(j) A licensee shall not direct, aid, or abet the practice of any other person in violation of the Act.
(k) A licensee shall not make any false statements regarding his or her provision of services as a medical physicist.
(l) A licensee shall make a reasonable attempt to notify each contractor, employer or client of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board by providing notification:
  (1) on each written contract for services of a licensee; or
  (2) on a sign prominently displayed in the primary place of business of each licensee; or
  (3) in a bill for service provided by a licensee to a contractor, employer, client, or third party.
(m) A licensee shall not use advertising that is false, misleading, or deceptive or that is not readily subject to verification. False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:
  (1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;
  (2) makes a representation likely to create an unjustified expectation about the results of a health care service or procedure;
  (3) compares a health care professional's service with another health care professional's services unless the comparison can be factually substantiated;
  (4) contains a testimonial that is anonymous or is not readily verifiable;
  (5) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;
  (6) advertises or represents that health care insurance deductibles or copayments may be waived or are not applicable to health care services to be provided if the deductibles or copayments are required;
  (7) advertises or represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or copayments are required;
  (8) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of patient; or
  (9) 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.
(n) A licensee shall not undertake work or agree to perform activities for which the licensee is not qualified by education, experience, or training. A licensee shall disclose known limitations in the licensee's ability, if applicable or relevant. A licensee shall seek additional education, training, or consultation when appropriate.
(o) A licensee shall ensure, to the extent possible, that documents, data, and work product are accessible to the licensee's employer, client, or other relevant parties in the event the business or employment relationship is terminated, or in case of the disability or death of the licensee.
(p) A licensee who is providing supervision to a training licensee shall comply with board rules relating to supervision and with the terms of supervision plans approved by the board. A training licensee shall also comply with board rules relating to supervision and with the terms of supervision plans approved by the board.
(q) A licensee shall not:
  (1) engage in sexual contact with a patient or a supervisee;
  (2) engage in sexually inappropriate behavior or comments directed towards a patient or supervisee;
  (3) become financially or personally involved with a patient or supervisee in an inappropriate manner.
(r) A licensee shall cooperate with the board by furnishing documents or information and by responding to a request for information from or a subpoena issued by the board or its authorized representative. A licensee shall not interfere with a board investigation by the willful misrepresentation of facts to the board or its authorized representative or by the use of threats or harassment against any person.
(s) A licensee shall practice in accordance with applicable state and federal statutes and rules.

Source Note: The provisions of this §160.24 adopted to be effective July 7, 2016, 41 TexReg 4819