Dietitian Penalties and Sanctions

Electricians (ELC)
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)