1. (a) The Texas Board of Occupational Therapy Examiners Code of Ethics is a public statement of the values and principles used in promoting and maintaining high standards of behavior in occupational therapy within the state of Texas. The Code of Ethics is a set of principles that applies to occupational therapy personnel. ("Personnel" in this section are defined as those individuals licensed by this board or applicants for licensure with this board.)
2. (b) Any action that is in violation of the spirit and purpose of this Code shall be considered unethical. To ensure compliance with the Code, enforcement procedures are established by the board and enforced by the Investigation Committee and investigative staff. Submission of an application to, or acceptance of a license from, this board commits these individuals to adherence to the Code of Ethics and its enforcement procedures.

3. (c) Principle 1. Occupational therapy personnel shall demonstrate a concern for the well-being of the recipients of their services (beneficence).

   1. (1) Occupational therapy personnel shall provide services in an equitable manner for all individuals.
   2. (2) Occupational therapy personnel shall maintain relationships that do not exploit the recipient of services sexually, physically, emotionally, financially, socially or in any other manner. Occupational therapy personnel shall avoid those relationships or activities that interfere with professional judgment and objectivity.
   3. (3) Occupational therapy personnel shall take all reasonable precautions to avoid harm to the recipient of services or to his or her property.
   4. (4) Occupational therapy personnel shall strive to ensure that fees are fair, reasonable, and commensurate with the service performed.

4. (d) Principle 2. Occupational therapy personnel shall respect the rights of the recipients of their services (e.g, autonomy, privacy, confidentiality).

   1. (1) Occupational therapy personnel shall collaborate with service recipients or their surrogate(s) in determining goals and priorities throughout the intervention process.
   2. (2) Occupational therapy personnel shall inform the service recipients of the nature, risks, and potential outcomes of any occupational therapy interventions.
   3. (3) Occupational therapy personnel shall obtain informed consent from subjects involved in research activities indicating they have been advised of the potential risks and outcomes.
   4. (4) Occupational therapy personnel shall respect the individual's right to refuse professional services or involvement in research or educational activities.
   5. (5) Occupational therapy personnel shall protect the confidential nature of information gained from educational, practice, research, and investigational activities.

5. (e) Principle 3. Occupational therapy personnel shall achieve and continually maintain high standards of competence (duties).

   1. (1) Occupational therapy personnel shall hold the appropriate national and state credentials for providing services.
   2. (2) Occupational therapy personnel shall take responsibility for maintaining competence by participating in professional development and educational activities.
   3. (3) Occupational therapy personnel shall perform their duties on the basis of accurate and current information.
   4. (4) Occupational therapy personnel shall protect service recipients by ensuring that duties assumed by or assigned to other occupational therapy personnel or non-licensed individuals are commensurate with their qualifications and experience.
   5. (5) Occupational therapy personnel shall provide appropriate supervision to individuals for whom the practitioners have supervisory responsibility.
   6. (6) Occupational therapy personnel shall refer recipients to other service providers or consult with other service providers when additional knowledge and expertise are required.

6. (f) Principle 4. Occupational therapy personnel shall comply with the rules and laws of the state of Texas guiding the profession of occupational therapy (justice).

   1. (1) Occupational therapy personnel shall understand and abide by applicable board rules.
   2. (2) Occupational therapy personnel shall inform employers, employees, and colleagues about those laws and board rules that apply to the profession of occupational therapy.
   3. (3) Occupational therapy personnel shall require those they supervise in occupational therapy related activities to adhere to the Code of Ethics.
   4. (4) Occupational therapy personnel shall accurately record and report all information related to professional activities.

7. (g) Principle 5. Occupational therapy personnel shall provide accurate information about occupational therapy services (veracity).

   1. (1) Occupational therapy personnel shall accurately represent their qualifications, education, experience, training, and competence.
   2. (2) Occupational therapy personnel shall disclose any affiliations that may pose a conflict of interest.
   3. (3) Occupational therapy personnel shall refrain from using or participating in the use of any form of communication that contains false, fraudulent, deceptive, or unfair statements or claims.

8. (h) Principle 6. Occupational therapy personnel shall treat colleagues and other professionals with fairness, discretion, and integrity (fidelity, veracity).

   1. (1) Occupational therapy personnel shall safeguard confidential information about colleagues and staff.
   2. (2) Occupational therapy personnel shall accurately represent the qualifications, views, contributions, and findings of colleagues.
   3. (3) Occupational therapy personnel shall report any breaches of the Code of Ethics to the board.

Source Note:The provisions of this §374.3 adopted to be effective May 8, 1996, 21 TexReg 3718.