Dietitian Penalties and Sanctions
Dietitians
Texas Occupations Code, Chapter 701
16 Texas Administration Code (TAC), Chapter 116
Class A Penalties
Penalty: Fine of $50 - $1,000
Administrative Violations
| Violation Description | Texas Statute |
|---|---|
| Failed to properly notify the Department of a name change or new mailing address within 30 days of the change |
Occupations Code 701.352; 16 TAC 116.101(b); 16 TAC 116.101(c) |
| Failed to display license certificate in the primary office or place of employment |
Occupations Code 701.351(a); 16 TAC 116.100(b)(1) |
| Failed to carry a current identification card when employed at multiple locations |
Occupations Code 701.351(a); 16 TAC 116.100(b)(2); 16 TAC 116.100(c) |
| Failed to clearly mark a file copy of a license or identification card with “COPY” written across its face | 16 TAC 116.100(c) |
| Failed to notify clients of Department’s information for the purpose of directing complaints in a written contract for services, on a sign at the primary business, or in a bill for services | 16 TAC 116.103(a) |
Actions Inconsistent with Medical Authorization
| Violation Description | Texas Statute |
|---|---|
| Transcribed or transmitted orders which were inconsistent with applicable medical direction or authorization | 16 TAC 116.141(b)(1) and (2) |
| Ordered medical laboratory tests which were inconsistent with the applicable medical direction or authorization | 16 TAC 116.141(c)(1) and (2) |
Class B Penalties
Penalty: Fine of $500 - $3,000 and/or up to 6-month probated suspension
Administrative Violations
| Violation Description | Texas Statute |
|---|---|
| Failed to surrender license upon Department demand |
Occupations Code 701.351(b); 16 TAC 116.132 |
| Failed to timely provide Department with continuing education documentation |
16 TAC 116.82(b)(3); 16 TAC 116.142(f) |
| Failed to provide a clear written explanation of any nutrition services charged on a prior bill or statement after a written request | 16 TAC 116.105(d) |
Unlicensed Activity
| Violation Description | Texas Statute |
|---|---|
| Directly or indirectly used titles or letters related to licensed dietitians, provisional licensed dietitians, or registered dietitians with an expired license/registration |
Occupations Code 701.251(b)(1); Occupations Code 701.251(c)(1); 16 TAC 116.53(h); 16 TAC 116.63(h) |
| Affixed a Departmental seal to a document when the person named on the seal had a suspended, revoked, or expired license | Occupations Code 701.353(b) |
Class C Penalties
Penalty: Fine of $1,500 - $4,000 and/or 1-year probated suspension up to revocation
Unlicensed Activity
| Violation Description | Texas Statute |
|---|---|
| Directly or indirectly used titles or letters related to licensed dietitians provisional licensed dietitians, or registered dietitians without a license |
Occupations Code 701.251(b)(1); Occupations Code 701.251(c)(1); 16 TAC 116.53 (h); 16 TAC 116.63 (h) |
| >Used a seal authorized by the Department without a license | Occupations Code 701.353(a) |
Unethical Conduct
| Violation Description | Texas Statute |
|---|---|
| Provided false information to the Department during a continuing education audit | 16 TAC 116.82(b)(3) |
| Altered a license certificate or identification card | 16 TAC 116.100(d) |
| Used false, misleading, or deceptive advertising, or used advertising not readily subject to verification |
16 TAC 116.104(a); 16 TAC 116.104(b)(1-9) |
| Acted without honesty, integrity or fairness | 16 TAC 116.105(a)(1) |
| Misrepresented professional qualifications or credentials | 16 TAC 116.105(a)(2) |
| Made false or misleading claims about the efficacy of any nutrition services or dietary supplements | 16 TAC 116.105(a)(2) |
| Allowed use of licensee’s name to certify nutrition services were rendered without providing or supervising the provision of those services | 16 TAC 116.105(a)(3) |
| Promoted or endorsed a product in a false or misleading manner | 16 TAC 116.105(a)(4) |
| Used an item, a procedure, or a service along with their client, supervisee, or associate, and failed to disclose any personal gain or profit created by this use to the other person | 16 TAC 116.105(a)(5) |
| Failed to maintain knowledge and skills required for professional competence | 16 TAC 116.105(a)(6) |
| Failed to provide nutrition services based on scientific principles and current information | 16 TAC 116.105(a)(6) |
| Failed to present information substantiated by sources that reasonable licensees would consider reliable | 16 TAC 116.105(a)(6) |
| Failed to keep interpretations of controversial information free of bias | 16 TAC 116.105(a)(6) |
| Drug or alcohol abuse detrimentally affected nutrition services provisioning | 16 TAC 116.105(a)(7) |
| Failed to comply with any provisions of Health and Safety Code Chapters 481 and 483 relating to dangerous drugs | 16 TAC 116.105(a)(8) |
| Failed to comply with rules of the Department or of the Texas State Board of Pharmacy that implemented provisions of Health and Safety Code Chapters 481 and 483 that relate to dangerous drugs | 16 TAC 116.105(a)(8) |
| Failed to report an alleged misrepresentation or a violation of commission rules to the Department | 16 TAC 116.105(a)(9) |
| Aided or abetted an unlicensed person’s practice or misrepresentation | 16 TAC 116.105(a)(11) |
| Made a false, misleading, or deceptive claim in an advertisement, announcement, or presentation that was related to services, supervisee, or any dietary supplement | 16 TAC 116.105(a)(13) |
| Failed to practice within generally accepted principles and standards | 16 TAC 116.105(a)(14) |
| Failed to recognize or exercise professional judgment within the limits of his/her qualifications | 16 TAC 116.105(a)(14) |
| Interfered with an investigation or disciplinary proceeding by misrepresenting facts, threats, or harassment against anyone | 16 TAC 116.105(a)(15) |
| Failed to report the abuse or neglect of minors as required by Family Code Chapter 261 | 16 TAC 116.105(a)(16)(A) |
| Failed to report the abuse, neglect, or exploitation of elderly or disabled persons as required by Texas Human Resources Code Chapter 48 | 16 TAC 116.105(a)(16)(B) |
| Persistently or flagrantly over-charged or over-treated a client | 16 TAC 116.105(e) |
| Provided diabetes self-management training as a member of a multi-disciplinary team without the required qualifications | 16 TAC 116.142(c)(1) |
| Provided services outside the scope of his or her professional education and training, while providing diabetes self-management training as a member of a multi-disciplinary team | 16 TAC 116.142(c)(3) |
| Provided diabetes self-management training as a member of a multi-disciplinary team while not under the supervision of the team’s coordinator | 16 TAC 116.142(c)(3) |
Unprofessional Conduct
| Violation Description | Texas Statute |
|---|---|
| Failed to disclose to a prospective client any issues which might affect their decision to enter into the relationship | 16 TAC 116.105(b)(1) |
| Failed to bill a client or third party in an agreed-upon manner in accordance with state and federal law | 16 TAC 116.105(b)(1) |
| Received or given remuneration of any form in exchange for referring clients for professional services | 16 TAC 116.105(b)(2) |
| Failed to disclose to a client any interest in commercial enterprises promoted for personal gain or profit | 16 TAC 116.105(b)(3) |
| Failed to take reasonable action to inform a client's physician and/or any appropriate allied health care provider of the client’s nutritional status that indicated the client’s medical status changed | 16 TAC 116.105(b)(4) |
| Discriminated based on race, creed, gender, religion, national origin, or age while providing nutrition services | 16 TAC 116.105(b)(5) |
| Violated federal/state statute(s) related to confidentiality of client communications or records | 16 TAC 116.105(b)(6) |
| Failed to protect a client’s confidential information | 16 TAC 116.105(b)(6) |
| Failed to fully disclose to a client any limitations on the confidentiality of the client’s communications or records | 16 TAC 116.105(b)(6) |
| Engaged in sexual contact with a client | 16 TAC 116.105(b)(7) |
| Engaged in sexual harassment in connection with professional practice | 16 TAC 116.105(b)(7) |
| Failed to terminate a professional relationship even though reasonably clear the relationship didn’t benefit client | 16 TAC 116.105(b)(8) |
| Provided services when licensee had a mental or physical condition that led to the services not being provided with reasonable skill or safety | 16 TAC 116.105(b)(9) |
| Provided services which resulted in or created an unreasonable risk of a client being mentally or physically harmed | 16 TAC 116.105(b)(10) |
| Failed to provide client with sufficient information to make an informed decision | 16 TAC 116.105(b)(11) |
| Failed to fully disclose a real or potential conflict of interest | 16 TAC 116.105(b)(12) |
Class D Penalties
Penalty: Fine of $5,000 plus revocation
| Violation Description | Texas Statute |
|---|---|
| Failed to comply with previous order of Commission/Executive Director | Occupations Code 51.353(a) |
| Obtained or attempted to obtain a license by fraud or false representation | 16 TAC 60.23(a)(1) |
| Cheated on an examination; impersonating or acting as a proxy for an examination candidate; using a proxy to take an examination | 16 TAC 60.52(a) |
| Failed to pay the Department for a dishonored payment |
16 TAC 60.82; 16 TAC 116.110(g) |