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Dyslexia Therapists Penalties and Sanctions

Texas Occupations Code Chapter 40316 Texas Administrative Code Chapter 120
Texas Occupations Code Chapter 5116 Texas Administrative Code Chapter 60
Texas Health and Safety Code Chapter 181

Class A Violations:

Penalty Range:

$500 up to $1,000

Administrative Violations

Failed to report to the Department within 30 days of the event changes in name, mailing address, phone number, or email contact – §120.90(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)

Posting and Public Information Violations

Failed to display license in the primary location of the practice – §120.90(c)(6)

Class B Violations:

Penalty Range:

$750 up to $3,000 and/or up to 6-month suspension

Administrative Violations

Failed to inform the Department of any violations of this chapter or the Act – §120.90(b)(29)

Failed to cooperate with the Department – §120.90(b)(32)

Advertising Violations

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)

Recordkeeping Violations

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)(20)

Recordkeeping Violations Related to Private Practice

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)

Standard of Care Violations – Related to Treatment

Provided professional services solely by written, telephone, electronic/video correspondence or communication – §120.90(b)(18)

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)(19)

Class C Violations:

Penalty Range:

$2,000 up to $5,000 and/or 1-year suspension up to revocation

Recordkeeping and Confidentiality Violations

Unauthorized release of client information – §120.90(b)(20)

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)(20)

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)(20)

Failed to maintain confidentiality of records – §Texas Health and Safety Code, Chapter 181

Standard of Care Violations – Related to Treatment

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) & (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)

Guaranteed directly or by implication the results of any therapeutic or teaching services – §120.90(b)(9)

Used his or her professional relationship with a client to promote any product created or produced by the license holder – §120.90(b)(12)

Misrepresentation

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)

Unlicensed Activity

Used the title ‘licensed dyslexia practitioner’ or ‘licensed dyslexia therapist’ without a license – §403.101

Unprofessional or Unethical Conduct – Billing Violations

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)(21)

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)

Unprofessional or Unethical Conduct

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)(24)

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)(25)

Discriminated in the provision of dyslexia therapy services on the basis of race, color, national origin, religion, gender, age, or disability – §120.90(b)(33)

Made a representation designed to take advantage of the fears or emotions of a particularly susceptible type of client – §120.90(d)(5)

Class D Violations:

Penalty Range:

$5,000 and/or revocation

Engaged in the medical diagnosis of clients – §403.202(3); §120.90(b)(22)

Engaged in sexual contact or sexually exploitive behavior or therapeutic deception with a client – §403.202(3); §120.90(b)(23)

Obtained a license by means of fraud, misrepresentation, or concealment of a material fact – §403.202(1); §120.90(b)(27); §60.23(a)(1); §60.23(a)(2)

Sold, offered to sell, or bartered a license – §403.202(2); §120.90(b)(28)

Failed to comply with any order issued by the department that relates to the licensee – §120.90(b)(30); §51.353(a); §60.23(a)(2)

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)(31)

Used or provided unauthorized assistance in connection with an examination – §60.52(a)

Failed to pay the Department for a dishonored payment or processing fee – §60.82