172 Neb. Admin. Code, ch. 29, § 007

Current through September 17, 2024

Section 172-29-007 - UNPROFESSIONAL CONDUCT

Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179 and this chapter. Commission of any of the following acts or behavior constitutes unprofessional conduct.

007.01COOPERATION. Refusal to cooperate or failure to furnish requested information during a licensing or discipline investigation by the Department;

007.02PROFESSIONAL RELATIONSHIPS. Failure to safeguard the welfare of patients and maintain appropriate professional relationships with patients and other health care practitioners. This includes, but is not limited to:

(A) Improper use of another person for one's own advantage;

(B) Failure to decline to carry out chiropractic services that have been requested when the services are known to be contraindicated or unjustified;

(C) Failure to decline to carry out procedures that have been requested when the services are known to be outside of the chiropractor's or chiropractic physician's scope of practice;

(D) Verbally or physically abusing patients;

(E) Falsification or unauthorized destruction of patient records;

(F) Delegating to other personnel those patient related services when the clinical skills and expertise of a chiropractor or chiropractic physician is required;

(G) Over-utilization of laboratory and x-ray procedures, and the devices or nutritional products that are in the best interest of the patient;

(H) Failure to assure that the patient possesses enough information to enable intelligent choices in regard to proposed chiropractic treatment;

(I) Failure to terminate a professional relationship when it becomes clear that the patient is not benefiting from further care or treatment; and

(J) Failure to consult and seek the talents of other health care professionals when the consultation would benefit the patient or when the patient expressed a desire for the consultation.

007.03SEXUAL HARASSMENT. Engaging in sexual misconduct which is defined as sexual harassment of patients or employees. Sexual harassment includes, but is not limited to, making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature which results in:

(A) Providing or denying service to a client;

(B) Creating an intimidating, hostile, or offensive environment for the patient or employee; or

(C) Providing favorable reports for sexual favors.

007.04SEXUAL RELATIONSHIP. Engaging in a sexual relationship during the provision of professional services, or for 3 months following the termination of professional services.

007.05ADVERTISING, PUBLICITY AND SOLICITATION. The following outlines unprofessional conduct for chiropractors in relation to advertising, publicity and solicitation:

(A) A chiropractor or chiropractic physician must not make a false or misleading communication about the chiropractor or chiropractic physician or the chiropractor's or chiropractic physician's services. A communication is false or misleading if:

(i) The chiropractor or chiropractic physician charges a fee for any chiropractic service conducted within 24 hours after performing a chiropractic service that was advertised as being free;

(ii) The chiropractor or chiropractic physician bills an insurance company or third-party payee for a service that has been offered through an advertisement to a prospective patient as free without explaining to the prospective patient which services are billable and which are free;

(iii) It contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(iv) It is likely to create an unjustified expectation about the results the chiropractor or chiropractic physician can achieve, or states or implies that the chiropractor or chiropractic physician can achieve results by means that violate this chapter or the Uniform Credentialing Act; or

(v) It compares the chiropractor's or chiropractic physician's services with other chiropractor's or chiropractic physicians' services, unless the comparison can be factually substantiated;

(B) Subject to the requirements of this chapter, a chiropractor or chiropractic physician may advertise services. A copy or recording of an advertisement or written communication must be kept for 1 year after its dissemination along with a record of when and where it was used;

(C) A chiropractor or chiropractic physician or any person designated, contracted, or paid by a chiropractor or chiropractic physician must not solicit professional employment as a chiropractor or chiropractic physician for themselves, their partner or their associate, from any person when the professional employment concerns the evaluation or treatment of any injury or potential injury that relates to an accident or disaster involving the person to whom the solicitation is directed or a relative of that person, unless the accident or disaster occurred more than 30 days prior to the solicitation. This prohibition does not apply to any contact with any person who has sought their advice regarding employment of a chiropractor or chiropractic physician or other health care provider;

(D) A chiropractor or chiropractic physician cannot compensate or give anything of value to representatives of the press, radio, television, or other communication medium in anticipation of or in return for professional publicity in a news item;

(E) A chiropractor or chiropractic physician or any person designated, contracted, or paid by a chiropractor or chiropractic physician cannot solicit professional employment as a chiropractor or chiropractic physician for themselves, their partner or associate, either through direct contact or through a written communication to, a potential patient, if:

(i) The chiropractor or chiropractic physician knows or reasonably should know that the physical, emotional, or mental state of the person is such that the person could not exercise reasonable judgment in employing a chiropractor or chiropractic physician;

(ii) The person has made known to the chiropractor or chiropractic physician or their agent a desire not to receive communications from the chiropractor or chiropractic physician; or

(iii) The communication involves coercion, duress, fraud, misrepresentation, overreaching, harassment, intimidation, or undue influence;

(F) If a chiropractor or chiropractic physician advertises a fee for a service, the chiropractor or chiropractic physician must render that service for no more than the fee advertised;

(G) Unless otherwise specified, if a chiropractor or chiropractic physician advertises fee information, the chiropractor or chiropractic physician is bound by any representation made therein for a period of not less than 30 days after such advertisement;

(H) On the front of each envelope in which an advertisement of a chiropractor or chiropractic physician is mailed or delivered on or the front of each post card, if the advertisement is printed on a post card, must be the words: "This is an advertisement." These words must be printed in type size at least as large as the print of the address and must be located in a conspicuous place on the envelope or card; or

(I) An advertisement or written communication of a chiropractor or chiropractic physician seeking professional employment by a specific potential patient cannot reveal on the envelope, or on the outside of a self-mailing brochure or pamphlet, the nature of the potential patient's medical problem.

007.06SUPERVISION. Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed chiropractor or chirpractic physician.

172 Neb. Admin. Code, ch. 29, § 007

Amended effective 10/20/2020