Section 178-10-009 - DISCIPLINARY ACTIONS009.01 Grounds for Action Against a Credential A credential to practice a profession may have disciplinary actions taken against it on any of the following grounds:
1. Misrepresentation of material facts in procuring or attempting to procure a credential;2. Immoral or dishonorable conduct evidencing unfitness to practice the profession in this state;3. Abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance;4. Failure to comply with a treatment program or an aftercare program, including, but not limited to, a program entered into under the Licensee Assistance Program established pursuant to Neb. Rev. Stat. § 38-175;5. Conviction of: a. A misdemeanor or felony under Nebraska law or federal law, orb. A crime in any jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony under Nebraska law and which has a rational connection with the fitness or capacity of the applicant or credential holder to practice the profession;6. Practice of the profession: b. Beyond its authorized scope,c. With gross incompetence or gross negligence, or d. In a pattern of incompetent or negligent conduct;7. Practice of the profession while the ability to practice is impaired by alcohol, controlled substances, drugs, mind-altering substances, physical disability, mental disability, or emotional disability;8. Physical or mental incapacity to practice the profession as evidenced by a legal judgment or a determination by other lawful means;9. Illness, deterioration, or disability that impairs the ability to practice the profession;10. Permitting, aiding, or abetting the practice of a profession or the performance of activities requiring a credential by a person not credentialed to do so;11. Having had his/her credential denied, refused renewal, limited, suspended, revoked, or disciplined in any manner similar to 178 NAC 10-009.05 by another state or jurisdiction based upon acts by the applicant or credential holder similar to acts described in this part;12. Use of untruthful, deceptive, or misleading statements in advertisements;13. Conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act;14. Distribution of intoxicating liquors, controlled substances, or drugs for any other than lawful purposes;15. Violations of the Uniform Credentialing Act, the Water Well Standards and Contractors' Practice Act, or the rules and regulations under either of those acts;16. Unlawful invasion of the field of practice of any profession regulated by the Uniform Credentialing Act which the credential holder is not credentialed to practice;17. Violation of the Uniform Controlled Substances Act or any rules and regulations adopted pursuant to the act.18. Failure to file a report required by Neb. Rev. Stat. §§ 38-1,124 or 38-1,125;19. Failure to maintain the requirements necessary to obtain a credential;20. Violation of an order issued by the Department;21. Violation of an assurance of compliance entered into under Neb. Rev. Stat. § 38-1,108;22. Failure to pay an administrative penalty;23. Unprofessional conduct as defined in 178 NAC 10-009.02;24. Permitting, aiding, or abetting the practice of the trade or the performance of activities requiring a license by a person not licensed to do so;25. Conduct or practices detrimental to the health or safety of persons hiring the services of the licensee or of members of the general public;26. Practice of the trade while the license to do so is suspended or practice of the trade in contravention of any limitation placed upon the license;27. Failing to file a properly completed notice of abandonment of a water well required by subsection (8) of Neb. Rev. Stat. § 46-602; or28. Failing to file a water well registration required by subsection (1), (2), (3), (4), or (5) of Neb. Rev. Stat. § 46-602 or failing to file a notice required by subsection (7) of Neb. Rev. Stat. § 46-602.009.02 Unprofessional Conduct: Unprofessional conduct Unprofessional conduct means any departure from or failure to conform to the standards of acceptable and prevailing practice of a profession or the ethics of the profession, regardless of whether a person, consumer, or entity is injured, but does not include a single act of ordinary negligence. Unprofessional conduct also means conduct that is likely to deceive or defraud the public or is detrimental to the public interest. Unprofessional conduct includes but is not limited to:
1. Obtaining any fee for professional services by fraud, deceit, or misrepresentation, including, but not limited to, falsification of third-party claim documents;2. Cheating on or attempting to subvert the credentialing examination;3. Use of any letters, words, or terms, either as a prefix, affix, or suffix, on stationery, in advertisements, or otherwise, indicating that the person is entitled to practice a profession for which s/he is not credentialed;4. Knowingly disclosing confidential information except as otherwise permitted by law;5. Commission of any act of sexual abuse, misconduct, or exploitation related to the practice of the profession of the applicant or credential holder;6. Failure to keep and maintain adequate records of service;7. Failure to comply with any federal, state, or municipal law, ordinance, rule, or regulation that pertains to the applicable profession; or8. Failure to comply with any law, ordinance, rule or regulation that pertains to the applicable profession.009.03 Temporary Suspension or Limitation 10-009.03A The Department may temporarily suspend or temporarily limit any credential issued by the Department without notice or a hearing if the Director determines that there is reasonable cause to believe that grounds exist under 178 NAC 10-009.01 for the revocation, suspension, or limitation of the credential and that the credential holder's continuation in practice or operation would constitute an imminent danger to the public health and safety. Simultaneously with the action, the Department will institute proceedings for a hearing on the grounds for revocation, suspension, or limitation of the credential. The hearing will be held no later than 15 days from the date of the temporary suspension or temporary limitation of the credential.10-009.03B A continuance of the hearing will be granted by the Department upon the written request of the credential holder, and the continuance must not exceed 30 days unless waived by the credential holder. A temporary suspension or temporary limitation order by the Director will take effect when served upon the credential holder.10-009.03C A temporary suspension or temporary limitation of a credential under 178 NAC 10-009.03 will not be in effect for more than 90 days unless waived by the credential holder. If a decision is not reached within 90 days, the credential will be reinstated unless and until the Department reaches a decision to revoke, suspend, or limit the credential or otherwise discipline the credential holder.009.04 Department Action The Department will follow the procedures delineated in the Uniform Credentialing Act to notify credential holders of any disciplinary action to be imposed and the time and place of the hearing.
009.05 Sanctions Upon the completion of any hearing held regarding discipline of a credential, the Director may dismiss the action or impose the following sanctions:
10-009.05AAdditional Terms and Conditions of Discipline: If any discipline is imposed pursuant to 178 NAC 10-009.05, the Director may, in addition to any other terms and conditions of that discipline: 1. Require the credential holder to obtain additional professional training and to pass an examination upon the completion of the training. The examination may be written or oral or both, at the option of the Director;2. Require the credential holder to submit to a complete diagnostic examination by one or more physicians or other qualified professionals appointed by the Director. If the Director requires the credential holder to submit to an examination, the Director will receive and consider any other report of a complete diagnostic examination given by one or more physicians or other qualified professionals of the credential holder's choice if the credential holder chooses to make available the report or reports by his/her physician or physicians or other qualified professionals; and3. Limit the extent, scope, or type of practice of the credential holder.178 Neb. Admin. Code, ch. 10, § 009