SECTION 110.70. Standards of Conduct

(a) An athletic trainer shall work under the direction of a licensed physician or another qualified, licensed health professional, who is authorized to refer for health care services within the scope of the person's license when carrying out the practice of prevention, recognition, assessment, management, treatment, disposition, and reconditioning of athletic injuries.

(b) A licensee shall not misrepresent any professional qualifications or credentials.

(c) A licensee shall not make any false or misleading claims about the effectiveness of any athletic training care.

(d) A licensee shall not promote or endorse products in a manner that is false or misleading.

(e) A licensee shall not abuse alcohol or drugs in any manner which detrimentally affects the provision of athletic training care.

(f) A licensee shall comply with the provisions of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, and the Texas Dangerous Drug Act, Health and Safety Code, Chapter 483, and any rules of the Department of State Health Services or the Texas State Board of Pharmacy, implementing those statutes.

(g) A licensee shall have the responsibility of reporting violations of department rules to the department.

(h) A licensee shall not present false information to the department, on any application or other document or in any investigation or disciplinary proceeding of the department.

(i) A licensee shall not aid or abet the practice of an unlicensed person when that person is required to have a license under the Act.

(j) A licensee shall comply with any order relating to the licensee, which is issued by the executive director or commission.

(k) A licensee shall not provide health care services, which are not within the definition of "athletic training" in the Act, except in accordance with state and federal laws and rules applicable to the provided services including, but not limited to, Occupations Code, Chapter 157 (relating to a physician's authority to delegate certain medical acts); other licensure laws; and laws relating to the possession and distribution of controlled substances.

(l) A licensee shall not receive or give a commission or rebate or any other form of remuneration for the referral of athletes for professional services.

(m) A licensee shall provide athletic training services without discrimination based on race, creed, sex, religion, national origin, or age.

(n) A licensee shall not violate any provision of any federal or state statute relating to confidential medical communications and/or records.

(o) A licensee shall not offer professional services to a person concurrently receiving the same or similar professional services from another individual, except with the knowledge of that individual.

(p) A licensee shall not engage in sexual contact or sexually exploitive behavior with a person receiving athletic training services from the licensee. Sexual contact shall mean the activities or behaviors described in the Texas Penal Code, §21.01. Sexually exploitive behavior shall mean any verbal or physical conduct that can reasonably be construed as intended to arouse or gratify the sexual desire of any person.

(q) 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 service, unless the comparison can be factually substantiated;

(4) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;

(5) 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;

(6) advertises or represents that the benefits of a health benefit plan will be accepted as full payment, when deductibles or copayments are required;

(7) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of patient; or

(8) 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.

(r) On the written request of a client, a client's guardian, or a client's parent, if the client is a minor, a licensee shall provide, in plain language, a written explanation of the charges for athletic training services previously made on a bill or a statement for the client. This requirement applies even if the charges are to be paid by a third party.

(s) Unreasonable or medically unnecessary billing is prohibited.

(t) The license certificate shall be displayed in the primary office or place of employment of the licensee. In the absence of a primary office or place of employment or when the licensee is employed in multiple locations, the licensee shall carry a current license identification card.

(u) Neither the licensee nor anyone else, shall display a photocopy of a license certificate or carry a photocopy of a license identification card in lieu of the original document.

(v) Neither the licensee nor anyone else, shall make any alteration on a license certificate or identification card issued by the department.

(w) The licensee shall notify the department of changes in name or preferred mailing address within thirty (30) days of such change.

(x) A licensee may not violate any provision of the Act or this chapter.

(y) A person may not hold himself or herself out as an athletic trainer or perform any of the duties of an athletic trainer as defined in the Act, unless the person holds an appropriate license issued under the Act. A person may not hold himself or herself out as an athletic trainer by implying that he or she has the title of "licensed athletic trainer," "sports trainer," or "athletic trainer" or using the letters "LAT," "LATC," or "AT" or any facsimile of those titles in any manner, unless the person holds a license issued under the Act.

Source Note: The provisions of this §110.70 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective August 1, 2020, 45 TexReg 5171