172 Neb. Admin. Code, ch. 114, § 009

Current through September 17, 2024
Section 172-114-009 - UNPROFESSIONAL CONDUCT

Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179 and this chapter and includes

009.01REPRESENTATION. Failing to accurately represent the licensee's skills to a patient or client;
009.02DELEGATION. Delegating to other personnel those patient or client related services when the clinical skills and expertise of an occupational therapist is required;
009.03PROVIDE SERVICES. Declining to provide occupational therapy services that have been requested when such services are believed to be contraindicated or unjustified;
009.04SAFETY. Committing any act which endangers patient or client safety or welfare;
009.05POLICIES AND PROCEDURES. Failing to follow policies or procedures implemented in the practice situation to safeguard patient care;
009.06PATIENT DIGNITY. Failing to safeguard the patient's dignity and right to privacy; violating the confidentiality of information or knowledge concerning the patient;
009.07RECORDS. Failing to accurately record and report information or falsification or unauthorized destruction of patient records;
009.08SUPPLIES. Misappropriating supplies or personal items of a patient or client or agency;
009.09SUPERVISION. Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed professional;
009.10ABUSE. Verbally or physically abusing patients;
009.11SEXUAL RELATIONSHIP. Engaging in sexual relationships, whether consensual or nonconsensual, with any patient while a physical therapist or physical therapist assistant -patient relationship exists.
009.12SEXUAL HARASSMENT. Engaging in sexual harassment of patients. Sexual harassment includes making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature as a condition of: The provision or denial of occupational therapy to a patient; or
(A) For the purpose or effect of creating an intimidating, hostile, or offensive environment for the patient or unreasonably interfering with a patient's ability to recover.
009.13COMPETENCE. Providing services for which they are not trained or experienced.
009.14PRACTICE. Practicing the profession of occupational therapy while the license, certificate or registration is suspended or is guilty of practicing such profession while their license to do so is suspended or is guilty of practicing such profession while violating any limitation placed upon their license, certificate, or registration; or
009.15COMPLY WITH DEPARTMENT INVESTIGATION. Failure of an applicant or credential holder who is the subject of a pre-licensure or disciplinary investigation to furnish the Board, the Department, or its investigator with requested information or requested documents.

172 Neb. Admin. Code, ch. 114, § 009

Amended effective 6/20/2020