172 Neb. Admin. Code, ch. 88, § 009

Current through September 17, 2024

Section 172-88-009 - UNPROFESSIONAL CONDUCT

Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179, 38-2021, 38-2062(1), and this chapter.

(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 medicine means violation of the physician-patient relationship through which the physician uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity; committing any act which may reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both;

(B) Failure to keep and maintain adequate records of treatment or service. Adequate records means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another practitioner to assume continuity of the patient's care at any point in the course of treatment, and, when investigative or unproven therapies are utilized, the records must include written informed patient consent;

(C) Disruptive physician behavior as manifested by a physician'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 other objects;

(iv) Making insulting comments to a patient, patient's family, physicians, or healthcare staff;

(v) Striking or assaulting a patient, patient's family, physicians, or healthcare staff; and

(vi) Poor hygiene;

(D) A departure from or failure to conform to the ethics of the medical profession, found in the "Principles of Medical Ethics" as revised on June 2001 and as published by the American Medical Association;

(E) Refusal of applicants or credential holders to cooperate or failure to furnish requested information during any investigation by the Department;

(F) Providing treatment or consultation recommendations, including issuing a prescription, via electronic or other means, unless the physician has obtained a history and physical evaluation of the patient adequate to establish diagnosis and identify underlying conditions and contraindications to the treatment recommended or provided and that arrangements exist to insure availability of the physician or physician coverage for follow-up patient care;

(G) Practicing medicine under a false or assumed name;

(H) Allowing another person or organization to use his or her license to practice medicine;

(I) Except as otherwise permitted by law, prescribing, selling, administering, distributing, ordering, or giving to an addict or any person previously drug dependent, any drug legally classified as a controlled substance;

(J) Failure to transfer pertinent and necessary medical records to another physician in a timely fashion when requested to do so by the patient or by a designated representative of the patient;

(K) Use of any therapy, drug or device in a manner inconsistent with the federal Food, Drug and Cosmetic Act;

(L) Exercising influence on the patient in such a manner as to exploit the patient for the financial gain of the licensee or of a third party, which includes, but is not limited to, the promotion or sale of services, goods, appliances, or drugs;

(M) Refusing to provide professional service to a person because of such person's race, creed, color, or national origin;

(N) Prescribing, selling, administering, or distributing, any drug legally classified as a prescription drug other than for proper medical purposes;

(O) Prescribing, dispensing or administering Schedule II controlled substances as defined in Neb. Rev. Stat. § 28-405(a) including amphetamines and similar Schedule II sympathomimetic drugs in the treatment of exogenous obesity for a period in excess of 30 days in any 1 year, or the non-therapeutic use of injectable amphetamines;

(P) Signing a blank, undated or predated prescription form;

(Q) Conduct or practice outside the normal standard of care in the State of Nebraska which is or might be harmful or dangerous to the health of the patient or the public, not to include a single act of ordinary negligence;

(R) Prescribing, dispensing or administering anabolic-androgenic steroids to a person for other than therapeutic purposes;

(S) Lack of or inappropriate direction, collaboration or direct supervision of a licensed, certified or registered health care provider employed by, supervised by or assigned to the physician;

(T) Failure to comply with Neb. Rev. Stat. §§ 71-604 to 71-606 relating to the signing of birth and death certificates; and

(U) Refusal to undergo an examination defining competency as required by the Board.

172 Neb. Admin. Code, ch. 88, § 009

Amended effective 6/16/2020