(a) The purpose of this section is to establish the standards of professional and ethical conduct required of all persons holding credentials issued under this chapter.
(b) All credentialed persons shall, as applicable to their area of credentialing:
  (1) undertake to perform only services for which they are qualified by credential, education, training or experience in the specific technical fields involved;
  (2) meet or exceed the minimum standards for mold assessment and remediation in this chapter;
  (3) not participate in activities where a conflict of interest might arise, pursuant to §1958.155 of the Act (relating to Conflict of Interest; Disclosure Required) and disclose any known or potential conflicts of interest to any party affected or potentially affected by such conflicts;
  (4) provide only necessary and desired services to a client and not sell unnecessary or unwanted products or services;
  (5) to the extent required by law, keep confidential any personal information regarding a client, including medical conditions, obtained during the course of a mold-related activity;
  (6) not misrepresent any professional qualifications or credentials;
  (7) not provide to the department any information that is false, deceptive, or misleading;
  (8) cooperate with the department or the department's representative or designee by promptly furnishing required documents or information and by promptly responding to requests for information;
  (9) not work if impaired as a result of drugs, alcohol, sleep deprivation or other conditions and not allow those under their supervision to work if known to be impaired;
  (10) maintain knowledge and skills for continuing professional competence and participate in continuing education programs and activities;
  (11) not make any false, misleading, or deceptive claims, or claims that are not readily subject to verification, in documents or statements including any advertising, announcement, presentation, competitive bidding, mold assessment report, mold analysis, mold remediation protocol, or mold remediation work plan; and
  (12) not make a representation that is designed to take advantage of the fears or emotions of the public or a customer.
(c) Duty to report ethical violations. All credentialed persons:
  (1) have the responsibility of promptly reporting alleged misrepresentations or violations of the Act or this chapter to the department;
  (2) are responsible for competent and efficient performance of their duties and shall report to the department incompetent, illegal, or unethical conduct of any practitioner of mold assessment or remediation; and
  (3) shall not retaliate against any person who reported in good faith to the department alleged incompetent, illegal or unethical conduct.

Source Note: The provisions of this §78.72 adopted to be effective November 1, 2017, 42 TexReg 4619