172 Neb. Admin. Code, ch. 12, § 015

Current through June 17, 2024

Section 172-12-015 - UNPROFESSIONAL CONDUCT

Unprofessional conduct includes but is not limited to the acts set out in Neb. Rev. Stat. §§ 38-179, § 38-182 and the following:

(A) Competence: A licensee must not provide services for which the service has not been licensed or individuals licensed or authorized by the physician medical director. Unprofessional conduct while providing services as an Emergency Medical Service will include but is not limited to:

(i) Encouraging or promoting emergency medical care by untrained or unqualified persons;

(ii) Failure to comply with emergency vehicle operating requirements in accordance with Neb. Rev. Stat. § 60-6,114; and

(iii) Failure to comply with the lawful directions of the physician medical director;

(B) Confidentiality: A licensee must hold in confidence information obtained from a patient, except in those unusual circumstances in which to do so would result in clear danger to the person or to others, or where otherwise required by law. Failure to do so will constitute unprofessional conduct;

(C) Failure to decline to carry out emergency medical care services that have been requested when the services are known to be contraindicated or unjustified;

(D) Failure to accurately provide interfacility arrival response time;

(E) Failure to ensure and document emergency care provider competency;

(F) Failure to decline to carry out procedures that have been requested when the services are known to be outside of the emergency medical services licensure level;

(G) Falsification or unauthorized destruction of patient records;

(H) Delegating to unqualified personnel those patient related services when the clinical skills and expertise of an emergency care provider is required;

(I) Failure of a licensee to appropriately account for shortages or overages of controlled substances;

(J) Failure to discipline emergency care providers who have engaged in sexual harassment or any form of harassment of patients or co-workers;

(K) Violating an assurance of compliance entered into under Neb. Rev. Stat. § 38-1,108;

(L) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed professional;

(M) Practicing as an emergency medical service in this state without a current Nebraska license;

(N) Obtaining any fee for professional services by fraud, deceit, or misrepresentation, including, but not limited to, falsification of third-party claim documents;

(O) Failure to permit access by an agent or employee of the Department for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the Department; and

(P) Failure of a licensee or applicant, who is subject of a disciplinary investigation, to furnish the Department, Board, or its investigator with requested information or requested documents.

172 Neb. Admin. Code, ch. 12, § 015

Adopted effective 7/15/2023