Section 634.3475 - "Detrimental to the best interests of the public" interpreted1. As used in subsection 10 of NRS 634.018, the Board will interpret the phrase "detrimental to the best interests of the public" as applied to a chiropractor's assistant to include, without limitation: (a) Unlawful disclosure of information about a patient.(b) Willful or careless disregard for the health, welfare or safety of patients, regardless of whether proof of actual injury is established.(c) Engaging in any conduct or verbal behavior that is inappropriately sexual with or towards a current patient.(d) Engaging in any conduct or verbal behavior that is sexually or racially demeaning or offensive with or towards a current patient. (e) Engaging in or soliciting sexual misconduct. (f) Engaging with a patient in a romantic or dating relationship unless the patient is the spouse of the chiropractor's assistant.(g) Use of protected or privileged information obtained from a patient to the detriment of the patient.(h) Performing services which the chiropractor's assistant is not authorized to perform under the terms of a certificate issued by the Board as provided by NRS 634.125.(i) Billing or charging a patient for the services of the chiropractor's assistant.(j) Intentionally causing physical or emotional injury to a patient.(k) Aiding, abetting or assisting any person in violating any provision of this chapter or chapter 634 of NRS.(l) Engaging in fraudulent or deceitful conduct in the capacity of a chiropractor's assistant.(m) Obtaining any certificate through fraud, misrepresentation or deceit.(n) Impersonating an applicant or acting as a proxy for the applicant in any examination.(o) Disclosing the contents of an examination given by the Board or soliciting, accepting or compiling information regarding the contents of an examination before, during or after the administration of an examination given by the Board.(p) Failing to provide the Board or its agents with any documents lawfully requested by the Board, whether by subpoena or otherwise.(q) Failing to cooperate fully with the Board during the course of an investigation.(r) Claiming or making representations of the attainment of any academic degree or award not actually received.(s) Disobeying an order of the Board.(t) Splitting fees or giving or receiving a commission in the referral of patients for services.(u) The suspension or revocation of a license or certificate or other disciplinary action taken by another state against the chiropractor's assistant based on a license or certificate issued by that state for an act that would constitute grounds for disciplinary action in this State. A certified copy of the suspension, revocation or other disciplinary action taken by another state against the chiropractor's assistant based on a license or certificate issued by that state is conclusive evidence of that action.(v) Performing a task for which the chiropractor's assistant has not been trained or which the chiropractor's assistant is not clinically competent to perform.2. A supervising licensee is responsible for all of the acts performed by a chiropractor's assistant whom he or she supervises. A supervising licensee may be subject to disciplinary action for any violations of law or regulation committed by his or her chiropractor's assistant.3. A supervising licensee shall notify the Board in writing of any dismissal of a chiropractor's assistant for cause within 10 days after the dismissal.4. A patient's consent to, initiation of or participation in sexual behavior or involvement in a romantic or dating relationship with a chiropractor's assistant does not excuse the conduct of the chiropractor's assistant.5. As used in this section: (a) "Sexual misconduct" means: (1) Sexual relations between a chiropractor's assistant and a patient, regardless of whether the patient initiated or consented to those sexual relations.(2) Conduct by a chiropractor's assistant, in regard to a patient, that is sexual in nature, sexually suggestive or sexually demeaning to the patient.(3) The commission by a chiropractor's assistant of one or more of the offenses defined in NRS 200.368, 200.730, 201.210 and 201.220.(4) The use by a chiropractor's assistant of deception, misrepresentation or force for the purpose of engaging in sexual conduct with a patient in:(I) A clinical setting; or(II) A setting that is used ordinarily for the provision of chiropractic services. The term does not include sexual conduct or sexual relations that take place between a chiropractor's assistant and his or her spouse or between a chiropractor's assistant and a person who was a patient after the chiropractor's assistant-patient relationship has been terminated for a reasonable time.
(b) "Sexual relations" means: (2) Any touching of sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the chiropractor's assistant for the purpose of arousing or gratifying the sexual desire of either the chiropractor's assistant or the patient.Nev. Admin. Code § 634.3475
Added to NAC by Chiropractic Physicians' Bd. by R150-13, eff. 3/28/2014