172 Neb. Admin. Code, ch. 3, § 002

Current through June 17, 2024
Section 172-3-002 - RESOLUTION OF CONFLICT OF INTEREST

A member of a board of examiners in the health professions who, in the discharge of his or her official duties, would be required to take any action or make any decision that may cause financial benefit or detriment to him or her, a member of his or her immediate family, or a business with which he or she is associated, which is distinguishable from the effects of such action on the public generally, or a broad segment of the public, shall take the following actions as soon as he or she is aware of such potential conflict of interest, or should reasonably be aware of such potential conflict, whichever is sooner:

002.01 Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict;
002.02 Deliver a copy of the statement to the Nebraska Accountability and Disclosure Commission; and
002.03 Deliver a copy of the statement to the Director of Health.
002.04 The member of a board of examiners in the health professions shall also exercise one or more of the following steps to remove himself or herself from influence over actions and decisions on the matter:
002.04A Refrain from discussion with other board members of those matters on which a conflict exists, or
002.04B Abstain from voting on the matter on which the potential conflict exists whether by voice vote, secret ballot, or any other method.
002.05 This restriction shall not prevent a member of a board of examiners in the health professions from making or participating in the making of a board decision to the extent that the board member's participation is legally required for the action or decision to be made, and no action could be taken by the board of examiners otherwise due to lack of a quorum or other reason. However, in such event the member of a board of examiners in the health professions shall report the occurrence to the Director of Health and to the Nebraska Accountability and Disclosure Commission.

172 Neb. Admin. Code, ch. 3, § 002