Section 637B.046 - Grounds for disciplinary action: Unprofessional conduct1. A violation of any provision of this chapter by a licensee constitutes unprofessional conduct and subjects the licensee to disciplinary action by the Board.2. If a licensee violates any provision of this chapter or engages in any other kind of unprofessional conduct while his or her license is in effect, the Board will take disciplinary action against the licensee, including, without limitation, taking action against the licensee after his or her license has expired or been suspended.3. If a board or entity in this State or in another state which has issued a license, certificate, registration or other credential to a licensee for the practice of audiology, speechlanguage pathology or fitting and dispensing hearing aids or a related field revokes or suspends the license, certificate, registration or other credential, or takes any other disciplinary action against the licensee, the revocation, suspension or disciplinary action is a ground for disciplinary action by the Board against the licensee for unprofessional conduct.4. The failure of a licensee to comply with a stipulation, agreement, advisory opinion or order issued by the Board constitutes unprofessional conduct and is a ground for disciplinary action by the Board against the licensee.5. In addition to the acts specified in this section and subsection 2 of NRS 637B.250, as amended by section 53 of Assembly Bill No. 115, chapter 404, Statutes of Nevada 2015, at page 2308, the following acts constitute unprofessional conduct and are grounds for disciplinary action by the Board against a licensee or an applicant for a license, as applicable: (a) Engaging in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids when unable to do so with reasonable skill and safety to a client because of the use of alcohol or any controlled substance or any mental or physical condition or illness. (b) Committing negligence in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids. (c) Allowing another person to use the license issued to the licensee. (d) Failing to report or otherwise concealing information relating to a violation of this chapter or chapter 637B of NRS that could result in harm to the public health and welfare. (e) Intentionally making or filing a false or misleading report. (f) Failing to file or intentionally obstructing or attempting to obstruct another person from filing a report required by law or a third person.(g) Intentionally harassing, abusing or intimidating a client, employer, employee, colleague or other person, either physically or verbally, including, without limitation, committing sexual harassment. (h) Failing to notify the Board of disciplinary action imposed upon the licensee or the applicant for a license by a regulatory authority in another jurisdiction. (i) Divulging, without the consent of a client, information gained within the context of the professional relationship with the client, unless the divulging of such information is otherwise required by law. (j) Failing to obtain the informed consent of a client before engaging in scientific research involving the client. (k) Referring or appearing to refer a client to a third person in exchange for receiving a fee or other consideration from the third person. (l) Advertising in a manner that tends to deceive or mislead the public, including, without limitation, making a false or misleading statement or representation in the advertisement or solicitation of services. (m) Making or providing false statements or omitting relevant information in connection with an application for a license or the renewal of a license. (n) Misrepresenting or falsifying credentials, including, without limitation, credentials relating to education, training, experience or areas of competency. (o) Practicing or offering to practice beyond the scope required by law. (p) Performing any professional service that the licensee knows he or she is not competent to perform.(q) Knowingly advertising a model or type of hearing aid for sale that cannot be purchased by a member of the general public. (r) Advertising a product or using a name or trademark in a manner that falsely implies the existence of a relationship between the licensee and the manufacturer of a product.Nev. Admin. Code § 637B.046
Added to NAC by Bd. of Exam'rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by R129-15, eff. 6/28/2016Section 17 of Assembly Bill No. 115, chapter 404, Statutes of Nevada 2015, at page 2296 (NRS 637B.132)