NEBRASKA STATUTES RELATING TO PHYSICIAN CONDUCT

http://www.hhs.state.ne.us/crl/medical/medsur/locum/regs.htm

88-012 GROUNDS ON WHICH THE DEPARTMENT MAY LIMIT, PLACE ON PROBATION,

DENY, REFUSE RENEWAL OF, OR DISCIPLINE A LICENSE OR PERMIT:

88-012.01 The Department will deny an application for a license or permit when the

applicant fails to meet the requirements for issuance of a license or permit.

88-012.02 The Department will refuse renewal or reinstatement of a license or permit if the licensee or permittee fails to meet the requirements for renewal or reinstatement of a license or permit.

88-012.03 The Department may deny, refuse renewal or reinstatement of, limit, suspend, place on probation, discipline or revoke licenses or permits for any of the following grounds.

1. Fraud, forgery, or misrepresentation of material facts, in procuring or attempting to procure a license or permit.

2. Grossly immoral or dishonorable conduct evidencing unfitness or lack of proficiency sufficient to meet the standards required for practice of the profession in this state.

3. Habitual intoxication or dependence or failure to comply with a treatment program or an aftercare program entered into under the Licensee Assistance Program established pursuant to Neb. Rev. Stat. § 71-172.01.

4. Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction and which, if committed within this state, would have constituted a misdemeanor or felony under state law and which has a
rational connection with the applicant's, licensee’s or permittee’s fitness or capacity to practice the profession.

5. Practice of the profession (a) fraudulently, (b) beyond its authorized scope, (c) with manifest incapacity, (d) with gross incompetence or gross negligence or (e) in a pattern of negligent conduct. Pattern of negligent conduct means a continued course of negligent conduct in performing the
duties of the profession.

6. Practice of the profession while the ability to practice is impaired by alcohol, controlled substances, narcotic drugs, physical disability, mental disability, or emotional disability.

7. Physical or mental incapacity to practice the profession as evidenced by a legal adjudication or a determination thereof by other lawful means.

8. Permitting, aiding, or abetting the practice of a profession or the performance of activities requiring a license, certificate, or registration by a person not licensed, certified, or registered to do so.

9. Having had his/her license or permit denied, refused renewal, limited, suspended, or revoked or having had such license or permit disciplined in any other manner in accordance with Neb. Rev. Stat. §71-155 by another
state or jurisdiction to practice medicine and surgery or osteopathic medicine and surgery based upon acts by the applicant, licensee or permittee similar to acts described in 172 NAC 88-012 and 88-013. A certified copy of the record of denial, refusal of renewal, limitation, suspension, or revocation of a license, certificate, registration or permit or the taking of other disciplinary
measures against it by another state or jurisdiction will be conclusive evidence.

10. Unprofessional conduct, which term includes all acts specified in Neb. Rev. Stat. § 71-148 and such other acts specified as unprofessional conduct by these regulations.

11. Use of untruthful or improbable statements, or flamboyant, exaggerated, or extravagant claims concerning such licensee’s professional excellence or
abilities, in advertisements.

12. Conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act.

13. Distribution of intoxicating liquors, controlled substances or drugs for any other than lawful purposes.

14. Willful or repeated violations of the Uniform Licensing Law or the rules and regulations of the department relating to the licensee’s profession, sanitation, quarantine, or school inspection.

15. Unlawful invasion of the field of practice of any profession mentioned in the Uniform Licensing Law for which the licensee or permittee is not licensed or permitted to practice.

16. Violation of the Uniform Controlled Substances Act or any rules and regulations adopted pursuant to the act.

17. Failure to file a mandatory report required by Neb. Rev. Stat. §71-168.

18. Practicing the profession of Medicine and Surgery or Osteopathic Medicine and Surgery while his/her license or permit is suspended or in contravention of any limitation placed upon his/her license or permit.

19. Physical or mental illness or physical or mental deterioration or disability which would render the applicant, licensee or permittee unqualified to
practice his/her profession or occupation.

20. Refusal to submit to a physical or mental examination request by the Board, pursuant to Neb. Rev. Stat.ƒu §§ 71-161.12 to 71-161.16 to determine his or her qualifications to practice or continue in the practice of the profession or occupation for which application was made or for which s/he is licensed or holds a permit.

88-012.04 Hearings before the Department will be conducted in accordance with the Administrative Procedure Act and 184 NAC 1, the Rules of Practice and Procedure for the Department.

88-013 UNPROFESSIONAL CONDUCT: This section defines the following acts as unprofessional conduct, pursuant to Neb. Rev. Stat. §71-148(22), and where applicable, further construes the unlawful or unprofessional acts listed in Neb. Rev. Stat. §§71-147 and 71-148.

1. Any departure from or failure to conform to the ethics of the medical profession, which ethics are found in the American Medical Association’s Code of Medical Ethics and Opinions;

2. Misrepresentation of material facts in applying for or procuring renewal of a license or permit;

3. Misrepresenting one’s credentials in an application submitted to a healthcare facility, insurance company, or prospective employer;

4. The use of any false or deceptive statement in any advertisement;

5. The refusal to cooperate or the failure to furnish requested information during a licensing or discipline investigation by the Department;

6. Prescribing drugs to an individual the physician has never met based solely on answers to questions provided by the internet, telephone, or FAX;

7. Prescribing drugs to an individual without first establishing a proper physicianpatient relationship. A proper physician-patient relationship requires that the
physician make an informed medical judgement upon examination, diagnosis, and formulation of a treatment plan and that arrangements exist to insure availability of
the physician or physician coverage for follow-up patient care;

8. Disruptive physician behavior as manifested by a physician’s aberrant behavior which interferes with patient care or could reasonably be expected to interfere with patient care, including, but not limited to, the following:

a. Outbursts of rage or violent behavior;

b. Repeated failure to respond to calls;

c. Throwing instruments, charts, or objects;

d. Insulting comments to a patient, patient’s family, physicians, or healthcare staff;

e. Striking or assaulting a patient, patient’s family, physicians, or healthcare staff; and

f. Poor hygiene;

9. Willfully or negligently violating the confidentiality between physician and patient except as required by law;

10. Practicing medicine under a false or assumed name;

11. Allowing another person or organization to use his or her license to practice medicine;

12. Except as otherwise permitted by law, prescribing, selling, administering, distributing, ordering, or giving to an addict or any person previously drug dependent, any drug legally classified as a controlled substance;

13. Violating any federal law or regulation relating to controlled substances;

14. Failure to transfer pertinent and necessary medical records to another physician in a timely fashion when requested to do so by the patient or by a designated representative of the patient;

15. Use of any therapy, drug or device in a manner inconsistent with the federal Food, Drug and Cosmetic Act;

16. Exercising influence on the patient in such a manner as to exploit the patient for the financial gain of the licensee or of a third party, which includes, but is not limited to, the promotion or sale of services, goods, appliances, or drugs;

17. Refusing to provide professional service to a person because of such person’s race, creed, color, or national origin;

18. Prescribing, selling, administering, or distributing, any drug legally classified as a prescription drug other than for proper medical purposes;

19. Prescribing, dispensing or administering Schedule II controlled substances as defined in Neb. Rev. Stat. §28-405(a) including amphetamines and similar Schedule II sympathomimetic drugs in the treatment of exogenous obesity for a period in excess of thirty days in any one year, or the non-therapeutic use of injectable amphetamines;

20. Signing a blank, undated or predated prescription form;

21. Any conduct or practice outside the normal standard of care in the State of Nebraska which is or might be harmful or dangerous to the health of the patient or the public;

22. Charging a fee for services not rendered or dividing a professional fee for patient referrals among health care providers or health care institutions or between these providers and institutions or a contractual arrangement which has the same effect;

23. Prescribing, dispensing or administering anabolic-androgenic steroids to a person for other than therapeutic purposes;

24. Lack of or inappropriate direction, collaboration or direct supervision of a licensed, certified or registered health care provider employed by, supervised by or assigned to the physician;

25. Commission of any act of sexual misconduct, or exploitation related to the person’s practice of medicine and surgery, and osteopathic medicine and surgery. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship through which the physician uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity; committing any act which may reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both;

26. Failure to keep and maintain adequate records of treatment or service; adequate records means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another practitioner to assume continuity of the patient’s care at any point in the course of treatment; and, when investigative or unproven therapies are utilized, the records must include written informed patient consent;

27. Failure to comply with Neb. Rev. Stat. §§71-604, 71-605, and 71-606 relating to the signing of birth and death certificates; and

28. Refusal to undergo an examination defining competency as required by the Board.

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