NAC630.540. Grounds for discipline or denial of licensure.

A practitioner of respiratory care is subject to discipline or denial of licensure by the Board if, after notice and hearing in accordance with this chapter, the Board finds that the practitioner of respiratory care:

     1. Willfully and intentionally made a false or fraudulent statement or submitted a forged or false document in applying for a license or renewing a license.

     2. Performed respiratory care services other than as permitted by law.

     3. Committed malpractice in the performance of respiratory care services, which may be evidenced by claims settled against a practitioner of respiratory care.

     4. Disobeyed any order of the Board or an investigative committee of the Board or violated a provision of this chapter.

     5. Is not competent to provide respiratory care services.

     6. Lost his or her certification by the National Board for Respiratory Care or its successor organization.

     7. Failed to notify the Board of loss of certification by the National Board for Respiratory Care or its successor organization.

     8. Falsified records of health care.

     9. Rendered respiratory care to a patient while under the influence of alcohol or any controlled substance or in any impaired mental or physical condition.

     10. Practiced respiratory care after his or her license has expired or been suspended.

     11. Has been convicted of a felony, any offense involving moral turpitude or any offense relating to the practice of respiratory care or the ability to practice respiratory care.

     12. Has had a license to practice respiratory care revoked, suspended, modified or limited by any other jurisdiction or has surrendered such license or discontinued the practice of respiratory care while under investigation by any licensing authority, a medical facility, a branch of the Armed Forces of the United States, an insurance company, an agency of the Federal Government or any employer.

     13. Engaged in any sexual activity with a patient who is currently being treated by the practitioner of respiratory care.

     14. Engaged in disruptive behavior with physicians, hospital personnel, patients, members of the family of a patient or any other person if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.

     15. Engaged in conduct that violates the trust of a patient and exploits the relationship between the practitioner of respiratory care and the patient for financial or other personal gain.

     16. Engaged in conduct which brings the respiratory care profession into disrepute, including, without limitation, conduct which violates any provision of a national code of ethics adopted by the Board by regulation.

     17. Engaged in sexual contact with a surrogate of a patient or other key person related to a patient, including, without limitation, a spouse, parent or legal guardian, that exploits the relationship between the practitioner of respiratory care and the patient in a sexual manner.

     18. Made or filed a report that the practitioner of respiratory care knows to be false, failed to file a record or report as required by law or willfully obstructed or induced another to obstruct such filing.

     19. Altered the medical records of a patient.

     20. Failed to report any person that the practitioner of respiratory care knows, or has reason to know, is in violation of the provisions of chapter 630 of NRS or NAC 630.500 to 630.560, inclusive, relating to the practice of respiratory care.

     21. Has been convicted of a violation of any federal or state law regulating the prescription, possession, distribution or use of a controlled substance.

     22. Held himself or herself out or permitted another to represent him or her as a licensed physician.

     23. Violated any provision that would subject a practitioner of medicine to discipline pursuant to NRS 630.301 to 630.3065, inclusive, or NAC 630.230.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01, eff. 11-29-2001)