172 Neb. Admin. Code, ch. 168, § 006

Current through June 17, 2024

Section 172-168-006 - UNPROFESSIONAL CONDUCT

Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179 and this chapter.

006.01PROFESSIONAL RELATIONSHIPS. Commission of any of the following acts constitutes unprofessional conduct:

(A) Exploiting a client for financial gain or sexual favors;

(B) Performing or agreeing to perform environmental health services that have been requested when the services are known to be contraindicated or unjustified;

(C) Performing or agreeing to perform procedures that are outside of the environmental health specialist's scope of practice;

(D) Verbally or physically abusing clients;

(E) Falsification or unauthorized destruction of client records;

(F) Delegating to other personnel, who are not trained or qualified, those services for which the skills and expertise of a registered environmental health specialist are required;

(G) Filing a false report or record in the practice of environmental health. This includes but is not limited to collection or billing of a fee or other similar activity to obtain payment; and

(H) Providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from the services, devices, appliances, or products.

006.02ENGAGING IN SEXUAL MISCONDUCT. Engaging in sexual harassment of clients is unprofessional conduct. Sexual harassment includes, but is not limited to, making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature which results in:

(A) Providing or denying service to a client;

(B) Creating an intimidating, hostile, or offensive environment for the client; and

(C) Providing favorable reports or modifying reports for sexual favors.

006.04SUPERVISION. Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a registered environmental health specialist constitutes unprofessional conduct.

006.05COMPLY WITH DEPARTMENT INVESTIGATION. Failure of an applicant or certificate holder who is the subject of a pre-licensure or disciplinary investigation to furnish the Board or its investigator with requested information or requested documents constitutes unprofessional conduct.

172 Neb. Admin. Code, ch. 168, § 006

Amended effective 5/23/2020