Section 172-162-006 - UNPROFESSIONAL CONDUCT Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179 and this chapter and includes:
(A) Providing services for which they are not trained or experienced;(B) Encouraging or promoting respiratory care by untrained or unqualified persons;(C) Committing any act which endangers patient safety or welfare;(D) Failure to maintain 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;(E) Failure to safeguard the welfare of patients and maintain appropriate professional relationships with patients;(F) Improper use of another person for one's own advantage;(G) Failure to decline to carry out respiratory care services that have been requested when the services are known to be contraindicated or unjustified;(H) Failure to decline to carry out procedures that have been requested when such services are known to be outside of the respiratory care practitioner's scope of practice;(I) Verbally or physically abusing patients;(J) Falsification or unauthorized destruction of patient records;(K) Attempting to provide diagnostic or treatment information to patients that is beyond the respiratory care practitioner's level of training and expertise;(L) Delegating to other personnel those patient related services when the clinical skills and expertise of a respiratory care practitioner is required.(M) Engaging in sexual harassment of patients or co-workers. 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 respiratory care to a patient;(ii) The provision or denial of employment or employment advances to a co-worker;(iii) 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(iv) 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.(N) Obtaining any fee for professional services by fraud, deceit, or misrepresentation;(O) Violating an assurance of compliance entered into under Neb. Rev. Stat. § 38-1,108;(P) Failure to follow policies or procedures implemented in the practice situation to safeguard patient care;(Q) Failure to safeguard the patient's dignity and right to privacy;(R) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed professional;(S) Failure of a licensee who is the subject of a disciplinary investigation to furnish the Department or its investigator with requested information or requested documents.172 Neb. Admin. Code, ch. 162, § 006
Adopted effective 5/17/2020