172 Neb. Admin. Code, ch. 3, § 001

Current through September 17, 2024
Section 172-3-001 - SCOPE OF DEFINITION

As used in these regulations, the term "member of a board of examiners in the health professions" shall mean a member of one of the following: the boards of examiners set forth in the Uniform Licensing Law, Neb. Rev. Stat, 71-112, Board of Nursing, Board of Hearing Aid Instrument Dispensers and Fitters, Board of Registration for Environmental Health Specialists, Board of Advanced Emergency Medical Care, Board of Occupational Therapy Practice, Board of Examiners in Massage, Board of Cosmetology Examiners, and Board of Advanced Registered Nurse Practitioners. Each of the situations described in this section shall be considered a conflict of interest on the part of a member of a board of examiners in the health professions.

001.01 No member of a board of examiners in the health professions shall solicit or accept anything of value, including a gift, loan, contribution, reward, or promise of future employment, for himself or herself, or for a member of his or her immediate family or for a business with which any such individual is associated, based on an agreement that the vote, official action, or judgment of the member of a board of examiners in the health professions would be influenced thereby.
001.02 No member of a board of examiners in the health professions shall use that public office or any confidential information received through the holding of the position of board member to obtain financial gain, other than compensation provided by law, for himself or herself, a member of his or her immediate family, or a business with which any such individual is associated.
001.03 No member of a board of examiners in the health professions shall use personnel, resources, property, or funds under that board member's official care and control, other than in accordance with prescribed constitutional, statutory, and regulatory procedures, or use such items, other than compensation provided by law, for personal financial gain or for the financial gain of a member of his or her immediate family or a business with which any such individual is associated.
001.04 Except as otherwise provided by law, no member of a board of examiners in the health professions, a member of that board member's immediate family, or a business with which any such individual is associated shall enter into a contract valued at two thousand dollars or more, in any one year, with the Department of Health unless the contract is awarded through an open and public process which includes prior public notice and subsequent availability for public inspection during the regular office hours of the Department of Health of the proposals considered and the contract awarded. No contract may be divided for the purposes of evading the requirements of this subsection. This subsection is intended to prevent a member of a board of examiners in the health professions from engaging in certain activities under circumstances creating a substantial conflict of interest and is not intended to penalize innocent persons and a contract shall not be absolutely void by reason of this subsection.

172 Neb. Admin. Code, ch. 3, § 001