Nevada Administrative Code › Chapter 640A - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS › DISCIPLINARY ACTION › Section 640A.350 - Acts constituting unprofessional conduct

Current through June 11, 2024
In addition to those acts specified in subsection 4 of
				NRS
				640A.200, the following acts, among others,
				constitute "unprofessional conduct":
1. Engaging in the practice of occupational
			 therapy when unable to do so with reasonable skill and safety to patients
			 because of the licensee's use of alcohol or any controlled substance, or
			 because of any mental or physical condition or illness suffered by the
			 licensee;
2. Being guilty of
			 negligence in the performance of occupational therapy;
3. Allowing another person to use the license
			 issued to the licensee;
4. Failing
			 to report or otherwise concealing information related to a violation of this
			 chapter or NRS
			 640A.200 which could result in harm to the
			 public health and welfare;
5.
			 Intentionally making or filing a false or misleading report;
6. Failing to file a report which is required
			 by law or a third person or intentionally obstructing or attempting to obstruct
			 another person from filing such a report;
7. Intentionally harassing, abusing or
			 intimidating a patient, employer, employee, colleague or other person, either
			 physically or verbally, including, without limitation, sexual harassment, abuse
			 or intimidation;
8. Failing to
			 notify the Board of disciplinary action imposed upon the licensee or applicant
			 for licensure by a regulatory authority in another jurisdiction in which the
			 licensee or applicant currently holds or held a license;
9. Divulging, without the consent of the
			 patient, information gained within the context of the professional relationship
			 with the patient, unless otherwise required by law;
10. Failing to obtain the informed consent of
			 a patient before engaging in scientific research involving the
			 patient;
11. Violating a provision
			 of the
Occupational Therapy Code of Ethics and Ethics
			 Standards
or the
Standards of Practice for Occupational
			 Therapy
, adopted by reference in NAC
			 640A.205;
12. Referring or appearing to refer a patient
			 to a third person to receive a fee or other consideration from the third
			 person;
13. Recommending or
			 prescribing therapeutic devices or modalities sold by a third person to receive
			 a fee or other consideration from the third person;
14. Advertising in a manner that tends to
			 deceive or mislead the public or advertising deceptive or misleading
			 information;
15. Making false
			 statements, providing false information or omitting pertinent information in
			 connection with an application for licensure or renewal of a license;
16. Misrepresenting or falsifying
			 credentials, including, without limitation, those relating to education,
			 training, experience and areas of competency;
17. Practicing or offering to practice beyond
			 the scope authorized by law;
18.
			 Performing professional services which the occupational therapist knows he or
			 she is not competent to perform;
19. Performing a pelvic examination or any
			 other internal examination of a patient without first obtaining the informed,
			 written consent of the patient; or
20. Touching a patient for a sexual purpose
			 or in any way unnecessary for a treatment intervention.
Added to NAC
				by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-96; R083-99, 9-27-99;
				R210-07, 9-18-2008; A by
				
				R017-14, eff. 10/24/2014; A by
				R113-23A,
				eff. 4/19/2024
NRS 640A.110