172 Neb. Admin. Code, ch. 23, § 006

Current through June 17, 2024

Section 172-23-006 - UNPROFESSIONAL CONDUCT

Commission of acts or behaviors constituting unprofessional conduct are outlined in Neb. Rev. Stat. § 38-179 and this chapter and include

(A) Providing services for which the licensee is not trained or experienced;

(B) Performing or agreeing to perform procedures when the procedures are known to be a departure from standard or acceptable and prevailing practice in audiology and speech-language pathology, but not to include a single act of ordinary negligence;

(C) Commission of any act which endangers public safety or welfare;

(D) Failing to safeguard the welfare of patients and maintain appropriate professional relationships with patients and other healthcare practitioners;

(E) Performing or agreeing to perform audiology or speech-language pathology therapy services that have been requested when the services are known to be contraindicated or unjustified;

(F) Falsification or unauthorized destruction of patient's records;

(G) Delegating to other personnel those patient-related services for which the clinical skills and expertise of an audiologist or speech-language pathologist are required;

(H) Failure to safeguard a patient's dignity and right to privacy;

(I) Filing a false report or record in the practice of audiology or speech-language pathologyb including, but not limited to, collecting a fee;

(J) Falsely representing the use or availability of the services or advice of a physician;

(K) 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;

(L) Discriminating in the provision of services to individuals on the basis of sex, race, religion or national origin;

(M) Engaging in sexual harassment of patients which 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 providing or denying service to a patient, creating an intimidating, hostile, or offensive environment for the patient or interfering with a patient's ability to recover.

(N) Failing to follow policies or procedures implemented in the practice situation to safeguard patient care.

(O) Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of an audiologist or speech-language pathologist;

(P) Failing to take steps to transfer the continuum of care of the patient, as appropriate, to another health care provider in the event of elective termination of audiology or speech-language pathology therapy services by an audiologist or speech-language pathologist;

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

172 Neb. Admin. Code, ch. 23, § 006

Adopted effective 12/13/2020