Section 640A.350 - Acts constituting unprofessional conductIn addition to those acts specified in subsection 4 of NRS 640A.200, the following acts, among others, constitute "unprofessional conduct":
1. Engaging in the practice of occupational therapy when unable to do so with reasonable skill and safety to patients because of the licensee's use of alcohol or any controlled substance, or because of any mental or physical condition or illness suffered by the licensee;2. Being guilty of negligence in the performance of occupational therapy;3. Allowing another person to use the license issued to the licensee;4. Failing to report or otherwise concealing information related to a violation of this chapter or NRS 640A.200 which could result in harm to the public health and welfare;5. Intentionally making or filing a false or misleading report;6. Failing to file a report which is required by law or a third person or intentionally obstructing or attempting to obstruct another person from filing such a report;7. Intentionally harassing, abusing or intimidating a patient, employer, employee, colleague or other person, either physically or verbally, including, without limitation, sexual harassment, abuse or intimidation;8. Failing to notify the Board of disciplinary action imposed upon the licensee or applicant for licensure by a regulatory authority in another jurisdiction in which the licensee or applicant currently holds or held a license;9. Divulging, without the consent of the patient, information gained within the context of the professional relationship with the patient, unless otherwise required by law;10. Failing to obtain the informed consent of a patient before engaging in scientific research involving the patient;11. Violating a provision of the Occupational Therapy Code of Ethics and Ethics Standards or the Standards of Practice for Occupational Therapy, adopted by reference in NAC 640A.205;12. Referring or appearing to refer a patient to a third person to receive a fee or other consideration from the third person;13. Recommending or prescribing therapeutic devices or modalities sold by a third person to receive a fee or other consideration from the third person;14. Advertising in a manner that tends to deceive or mislead the public or advertising deceptive or misleading information;15. Making false statements, providing false information or omitting pertinent information in connection with an application for licensure or renewal of a license;16. Misrepresenting or falsifying credentials, including, without limitation, those relating to education, training, experience and areas of competency;17. Practicing or offering to practice beyond the scope authorized by law; 18. Performing professional services which the occupational therapist knows he or she is not competent to perform;19. Performing a pelvic examination or any other internal examination of a patient without first obtaining the informed, written consent of the patient; or20. Touching a patient for a sexual purpose or in any way unnecessary for a treatment intervention.Nev. Admin. Code § 640A.350
Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-96; R083-99, 9-27-99; R210-07, 9-18-2008; A by R017-14, eff. 10/24/2014; A by R113-23A, eff. 4/19/2024