Dyslexia Therapists Penalties and Sanctions

Failed to report to the Department within 30 days of the event changes in name or mailing address

120.70(a)

Failed to notify each client or minor client’s parent or authorized representative of the Department’s name, website, email address, mailing address, and telephone number for the purpose of directing complaints to the Department

120.90(c)(5)

Failed to display license in the primary location of the practice

120.90(c)(6)

Failed to inform the Department of any violations of this chapter or the Act

120.90(b)(28)

Misrepresented 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

120.90(d)(6)

Failed to document the information disclosed, the person or entity to whom the disclosure was made, and the justification for the disclosure, in the event of disclosure of personal or professional information about a client

120.90(b)(19)

Failed to provide a client or a minor client’s parent or authorized representative with a written agreement for services delivered in a private practice prior to the commencement of services

120.90(c)(1)

Failed to maintain legible and accurate records of dyslexia therapy services

120.90(c)(2)

Failed to maintain records of services rendered in a school or other learning center or clinic for the period of time required by the service setting

120.90(c)(3)

Failed to maintain records of services for 5 years

120.90(c)(3)

Failed to provide a client or a minor client’s parent or authorized representative with a written agreement for services delivered in a private practice prior to the commencement of services

120.90(c)(1)

Provided professional services to a client who was receiving dyslexia therapy services from another license holder without the prior knowledge and consent of the other license holder

120.90(b)(18)

Revealed confidential or personal information about a client without authorization other than as required by law, a certifying entity, compelled by a court, or as required to protect the welfare of the client or the community

120.90(b)(19)

Failed to document any confidential or personal information disclosed, the person or entity to whom it was disclosed, and the justification for the disclosure in the client’s record if the licensee reveals such information without authorization

120.90(b)(19)

Failed to maintain confidentiality of records

Texas Health and Safety Code, Chapter 181

Provided professional services that were not within the scope of the license holder’s competence

120.90(b)(1)

Failed to ensure a safe therapy or teaching environment

120.90(b)(2)

Jeopardized a client's safety or well-being by abusive or inattentive behavior

120.90(b)(3)

Failed to maintain objectivity in all matters concerning the welfare of the client

120.90(b)(4)

Failed to terminate a professional relationship when it is reasonably clear that the client is not benefitting from the services provided or when it is reasonably clear that the client no longer needs the services

120.90(b)(5)

Failed to identify competent, dependable referral sources for clients or failed to make a referral when requested or appropriate

120.90(b)(6)

Failed to provide accurate information to clients and the public about the nature and management of dyslexia or about the services rendered

120.90(b)(7)

Failed to be knowledgeable of all available diagnostic data or other relevant information regarding each client

120.90(b)(8)

Guaranteed directly or by implication the results of any therapeutic or teaching services

120.90(b)(9)

Misled a client to expect results that cannot be predicted from reliable evidence

120.90(b)(9)

Failed to accurately represent or describe any product created or recommended by the license holder

120.90(b)(10)

Used his or her professional relationship with a client to promote any product created or produced by the license holder

120.90(b)(12)

Failed to fully inform clients of the nature and possible outcomes of services rendered

120.90(b)(14)

Used a client’s date or information for research or teaching activities without the written consent of the client or a minor client’s parent or legal guardian

120.90(b)(15)

Failed to comply with all provisions of the Act and the administrative rules, or any state or federal law or rule that relates to the provision of professional services by, or the regulation of the license holder

120.90(b)(25)

Misrepresented the licensee’s education, training, credentials, or competence

120.90(13)

Used false, misleading, inaccurate, incomplete, out of context, deceptive, or not readily verifiable information in an advertisement or announcement

120.90(d)

Used advertising that makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading

120.90(d)(1)

Used an advertisement that makes a representation likely to create an unjustified expectation about the results of a professional service

120.90(d)(2)

Used an advertisement that compares a professional’s services with another professional’s services unless the comparison can be factually substantiated

120.90(d)(3)

Used an advertisement that causes confusion or misunderstanding as to the credentials, education, or licensing of a professional

120.90(d)(4)

Used the title ‘licensed dyslexia practitioner’ or ‘licensed dyslexia therapist’ without a license

403.101

Billed a client or third-party for services not rendered in the manner agreed to by the license holder and the client or the minor client’s parent or guardian

120.90(b)(17)

Failed to provide in plain language a written explanation of the charges for dyslexia therapy services previously made on a bill or statement upon the written request of a client or client’s parent or authorized representative

120.90(b)(20)

Knowingly submitted a bill for treatment to a client or third-party payor a bill for services not provided or that were improper, unreasonable, or clinically unnecessary

Texas Health and Safety Code, §311.0025(a)

Required the exclusive use or purchase by a client of any product created or produced by the license holder

120.90(b)(11)

Falsified records

120.90(b)(16)

Used alcohol or drugs not legally prescribed for the license holder when the use adversely affects or could adversely affect the provision of professional services

403.202(3); 120.90(b)(23)

Offered to pay or agreed 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 clients or patronage

120.90(b)(24)

Discriminated in the provision of dyslexia therapy services on the basis of race, color, national origin, religion, gender, age, or disability

120.90(b)(32)

Made a representation designed to take advantage of the fears or emotions of a particularly susceptible type of client

120.90(d)(5)

Failed to cooperate with the Department

120.90(b)(31); 60.203(a), (c)

Failed to make available to a Department employee or representative all records, notices, and other documents as requested

60.203(b)

Failed to maintain continuing education records applied toward a license renewal for two years after the date the license renewal is issued

60.701(b)(2)

Failed to submit to the Department continuing education records within 30 calendar days after notification of an audit

60.701(c)(2), (d)(1)

Failed to complete all deficient continuing education within 90 calendar days after notification of deficiency

60.701(c)(4), (d)(4)

Provided false information during the audit or renewal process

60.701(d)(2)

Was deficient in the continuing education required for the most recent renewal of the license

60.701(d)(3)

Engaged in the medical diagnosis of clients

403.202(3); 120.90(b)(21)

Engaged in sexual contact or sexually exploitive behavior or therapeutic deception with a client

403.202(3); 120.90(b)(22)

Obtained a license by means of fraud, misrepresentation, or concealment of a material fact

403.202(1); 120.90(b)(26); 60.23(a)(1)

Falsified any document submitted to the Department or commission

60.23(a)(2)

Sold, offered to sell, or bartered a license

403.202(2); 120.90(b)(27)

Failed to comply with an order issued by the executive director or commission

51.353(a); 120.90(b)(29); 60.23(a)(5)

Interfered in a Department investigation or disciplinary proceeding by misrepresentation or omission of facts to the Department or by use of threats or harassment against any person

120.90(b)(30); 60.203(c)

Failed to comply with exam security requirements

60.54

Failed to pay the Department for a dishonored payment or processing fee

60.82

Engaged in the medical diagnosis of clients

403.202(3); 120.90(b)(21)