Section 172-11-013 - EMERGENCY CARE PROVIDER UNPROFESSIONAL CONDUCT Unprofessional conduct includes but is not limited to the acts set out in Neb. Rev. Stat. § 38-179 and the following:
(A) Providing or attempting to provide a service for which such provider is not trained or authorized by the physician medical director;(B) Failure of a provider to be accountable, responsible and answerable for decisions and action or inaction of self or others, and for the resultant patient outcomes related to decisions and actions or inactions;(C) Failure for a provider to exhibit a state or quality of being competent or capable as a result of having the required knowledge, skills, and ability;(D) Committing any act which endangers patient safety or welfare;(E) Encouraging or promoting emergency medical care by untrained or unqualified persons;(F) Failure to comply with emergency vehicle operating requirements pursuant to Neb. Rev. Stat. § 60-6,114;(G) Failure to comply or follow the physician medical director's directives;(H) Committing any of the following acts or behavior that do not safeguard the welfare of patients and maintain professional relationships with patients: (i) Failure to be aware of the intimacy and responsibilities inherent in the care of a patient and failure to avoid actions that seek to meet their personal needs at the expense of clients. Providers must avoid exploiting the trust of a patient and make every effort to avoid conditions that could impair professional judgment or increase the risk of exploitation of another person for one's own advantage;(ii) Failure to decline to carry out emergency medical care services that have been requested when the services are known to be contraindicated or unjustified;(iii) Failure to decline to carry out procedures that have been requested when the services are known to be outside of the emergency care provider's scope of practice;(iv) Verbally or physically abusing patients;(v) Falsification, unauthorized destruction, or failure to document patient care records;(vi) Attempting to provide diagnostic or treatment information to patient(s) that are beyond the emergency care provider's level of training and expertise; or(vii) Assigning to other personnel those patient related services when the clinical skills and expertise of an emergency care provider is required or is beyond the individual's scope of practice;(I) Engaging in sexual harassment of patients or coworkers. Sexual harassment includes making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature as a condition of: (i) The provision or denial of emergency medical care to a patient;(ii) The provision or denial of employment;(iii) The provision or denial of promotions to a co-worker; or(iv) For the purpose or effect of creating an intimidating, hostile, or offensive environment for the patient or unreasonably interfering with a patient's ability to recover or for the purpose or effect of creating an intimidating, hostile, or offensive working environment or unreasonably interfering with the co-worker's ability to perform their work;(J) Failure to follow employer or emergency medical service policies or procedures implemented in the practice to safeguard patient care;(K) Failure to provide professional assistance to patients without discrimination on the basis of race, color, religion, sex, disability, marital status, national origin, age, familial status, and ancestry;(L) Failure to safeguard the patient's dignity and right to privacy; or(M) Failure of a licensee or applicant, who is the subject of a disciplinary investigation, to furnish the Board or its investigator with requested information or requested documents.172 Neb. Admin. Code, ch. 11, § 013
Amended effective 7/20/2020Amended effective 7/15/2023