Nevada Administrative Code › Chapter 637B - Audiologists and Speech Pathologists › PROFESSIONAL CONDUCT AND STANDARDS OF PRACTICE › Section 637B.046 - Grounds for disciplinary action: Unprofessional conduct

Current through June 11, 2024
1. A violation of any provision of this
			 chapter by a licensee constitutes unprofessional conduct and subjects the
			 licensee to disciplinary action by the Board.
2. If a licensee violates any provision of
			 this chapter or engages in any other kind of unprofessional conduct while his
			 or her license is in effect, the Board will take disciplinary action against
			 the licensee, including, without limitation, taking action against the licensee
			 after his or her license has expired or been suspended.
3. If a board or entity in this State or in
			 another state which has issued a license, certificate, registration or other
			 credential to a licensee for the practice of audiology, speechlanguage
			 pathology or fitting and dispensing hearing aids or a related field revokes or
			 suspends the license, certificate, registration or other credential, or takes
			 any other disciplinary action against the licensee, the revocation, suspension
			 or disciplinary action is a ground for disciplinary action by the Board against
			 the licensee for unprofessional conduct.
4. The failure of a licensee to comply with a
			 stipulation, agreement, advisory opinion or order issued by the Board
			 constitutes unprofessional conduct and is a ground for disciplinary action by
			 the Board against the licensee.
5.
			 In addition to the acts specified in this section and subsection 2 of NRS
			 NRS 637B.250, as amended
			 by section 53 of Assembly Bill No. 115, chapter 404, Statutes of Nevada 2015,
			 at page 2308, the following acts constitute unprofessional conduct and are
			 grounds for disciplinary action by the Board against a licensee or an applicant
			 for a license, as applicable:
(a) Engaging in
			 the practice of audiology, speech-language pathology or fitting and dispensing
			 hearing aids when unable to do so with reasonable skill and safety to a client
			 because of the use of alcohol or any controlled substance or any mental or
			 physical condition or illness.
(b)
			 Committing negligence in the practice of audiology, speech-language pathology
			 or fitting and dispensing hearing aids.
(c) Allowing another person to use the
			 license issued to the licensee.
(d) Failing to report or otherwise concealing
			 information relating to a violation of this chapter or chapter 637B of NRS that
			 could result in harm to the public health and welfare.
(e) Intentionally making or filing a false or
			 misleading report.
(f) Failing to
			 file or intentionally obstructing or attempting to obstruct another person from
			 filing a report required by law or a third person.
(g) Intentionally harassing, abusing or
			 intimidating a client, employer, employee, colleague or other person, either
			 physically or verbally, including, without limitation, committing sexual
			 harassment.
(h) Failing to notify
			 the Board of disciplinary action imposed upon the licensee or the applicant for
			 a license by a regulatory authority in another jurisdiction.
(i) Divulging, without the consent of a
			 client, information gained within the context of the professional relationship
			 with the client, unless the divulging of such information is otherwise required
			 by law.
(j) Failing to obtain the
			 informed consent of a client before engaging in scientific research involving
			 the client.
(k) Referring or
			 appearing to refer a client to a third person in exchange for receiving a fee
			 or other consideration from the third person.
(l) Advertising in a manner that tends to
			 deceive or mislead the public, including, without limitation, making a false or
			 misleading statement or representation in the advertisement or solicitation of
			 services.
(m) Making or providing
			 false statements or omitting relevant information in connection with an
			 application for a license or the renewal of a license.
(n) Misrepresenting or falsifying
			 credentials, including, without limitation, credentials relating to education,
			 training, experience or areas of competency.
(o) Practicing or offering to practice beyond
			 the scope required by law.
(p)
			 Performing any professional service that the licensee knows he or she is not
			 competent to perform.
(q) Knowingly
			 advertising a model or type of hearing aid for sale that cannot be purchased by
			 a member of the general public.
(r)
			 Advertising a product or using a name or trademark in a manner that falsely
			 implies the existence of a relationship between the licensee and the
			 manufacturer of a product.