Section 172-180-007 - UNPROFESSIONAL CONDUCT Unprofessional conduct includes but is not limited to the acts set out in Neb. Rev. Stat. § 38-179 and the following:
(A) Commission of any act of sexual abuse, misconduct, or exploitation related to the practice of the profession of the applicant or credential holder. Sexual misconduct in the practice of veterinary medicine means violation of the practitioner-client-patient relationship through which the applicant or credential holder uses said relationship to induce or attempt to induce the client-patient to engage or to attempt to engage the client or patient, in sexual activity; committing any act which may reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the client or patient, or both;(B) Failure to keep and maintain adequate records of treatment or service for 3 years after the veterinarian's most recent contact with the client or patient;(C) Disruptive veterinarian behavior as manifested by a veterinarian's aberrant behavior which interferes with patient care or could reasonably be expected to interfere with patient care, including, but not limited to, the following:(i) Outbursts of rage or violent behavior;(ii) Repeated failure to respond to calls;(iii) Throwing instruments, charts, or objects;(iv) Insulting comments to a client, client's family, veterinarians, or healthcare staff;(v) Striking or assaulting a client, client's family, patient, veterinarians, or healthcare staff; or(D) Making a false or misleading statement regarding his or her skill as a veterinarian, or as a veterinary technician;(E) Making a false or misleading statement regarding the efficacy or value of the medicine, device, treatment, or remedy prescribed by the veterinarian or used at the veterinarians direction in the practice of veterinary medicine and surgery;(F) Practice or other behavior that demonstrates a willful rendering of substandard care, either individually or as a part of a third-party reimbursement agreement or other agreement;(G) The use of any false, fraudulent, deceptive or misleading statement in any document pertaining to the practice of veterinary medicine and surgery, or practice as a veterinary technician;(H) Prescribing, selling, administering, or distributing, any drug legally classified as a controlled substance, other than with proper registration to prescribe controlled substances;(I) Failure to furnish the Board, its investigators or representatives, information legally requested by the Board;(J) To advertise in a manner that deceives, misleads, or defrauds the public. The following advertising practices will be considered to be deceptive: (i) To advertise or promote any veterinary service as free or below the advertiser's or promoter's own cost without revealing in the advertising or promotion the minimum expenditure the consumer must incur in order to receive the service. If the consumer need not incur any expense to obtain the service, then the advertising or promotion must state that there is no minimum purchase required;(ii) To fail to inform the consumer of any time schedule within which a fee is to be effective, if the fee applies to a particular service for a given time;(iii) To fail to charge the same fee for a service as that which is advertised; or(iv) To advertise or promote any veterinary service with statements that cannot be verified, substantiated or measured;(K) Failure to properly supervise licensed veterinary technicians or unlicensed assistants; or (L) Failure to comply with Neb. Rev. Stat. §§ 71-8401 to 71-8407 regarding access to medical records.172 Neb. Admin. Code, ch. 180, § 007
Amended effective 11/1/2021