172 Neb. Admin. Code, ch. 56, § 008

Current through September 17, 2024

Section 172-56-008 - UNPROFESSIONAL CONDUCT

Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179 and includes the following:

(A) Failure to keep written dental records and medical history records justifying the course of treatment of the consumer including, but not limited to, patient histories, examination results, test results, and X-rays, if taken;

(B) Exercising influence on the consumer in such a manner as to exploit the consumer for the financial gain of the applicant, credential holder or permit holder, or of a third party, which includes, but is not limited to, the promotion or sale of services, goods, appliances, or drugs;

(C) Refusing to provide professional service to a consumer because of such consumer's race, creed, color, sex, national origin, disability, or familial status;

(D) Prescribing, selling, administering, or distributing any drug legally classified as a prescription drug other than for accepted dental therapeutic purposes;

(E) Use of nitrous oxide or inhalants for other than dental therapeutic purposes;

(F) Giving fraudulent prescriptions;

(G) Maintaining fraudulent controlled substance records;

(H) Failure to furnish the Board or Department, their inspectors or representatives, information legally requested by the Board or the Department;

(I) Failure to submit a written report to the Board as required by Neb. Rev. Stat. § 38-1147;

(J) Allowing a dental hygienist, licensed dental assistant, or a dental assistant to provide or perform services contrary to the statutes or regulations;

(K) Any departure from or failure to conform to the American Dental Association's (ADA) Principles of Ethics and Code of Professional Conduct as published in November, 2018 excluding section 4.A. Patient Selection;

(L) Misrepresenting the material facts of an individual's credential(s) in an application submitted to a healthcare facility, insurance company, or prospective employer;

(M) Prescribing drugs to an individual based solely on answers to questions provided by tele-dentistry without first establishing a proper dentist-patient relationship;

(N) Disruptive behavior such as:

(i) Outbursts of rage or violent behavior;

(ii) Throwing of instruments, records, or objects;

(iii) Striking, assaulting, or using insulting comments to a consumer, consumer's family member, dental staff, or other healthcare professionals; or

(iv) Poor hygiene;

(O) Refusal to cooperate or failure to furnish requested information during any investigation by the Department;

(P) Failure to ensure that the location requirements in this chapter for a general anesthesia or deep sedation permit or moderate sedation permit are met when the anesthesia or sedation for dental procedures at the location is provided by the dentist or an individual other than the dentist;

(Q) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a dentist; or

(R) Advertising as an American Dental Association Specialist without having completed a post-doctoral program in a specialty area of dentistry consisting of at least 2 full-time years and which is accredited by an accreditation agency that is recognized by the United States Department of Education.

172 Neb. Admin. Code, ch. 56, § 008

Amended effective 12/23/2020

Amended effective 6/2/2024