NAC639.6941. Unprofessional conduct; responsibility of owner for acts of others.

     1. In addition to the acts described in NAC 639.945 which are applicable to medical products providers or medical products wholesalers, the following acts or practices by a medical products provider or a medical products wholesaler are declared to be, specifically but not by way of limitation, unprofessional conduct and conduct contrary to the public interest:

     (a) Any violation of these regulations or violation of any applicable federal, state or local laws related to the practices of the medical products provider or medical products wholesaler.

     (b) Loss of, or failure to maintain or renew, the required liability insurance.

     (c) Practicing, condoning, facilitating or collaborating with any form of unlawful discrimination against any person or group on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, or mental or physical disability in providing any service or product to a consumer.

     (d) Failing to maintain the confidentiality of information regarding a consumer and disclosing such information without valid authorization, except where such a disclosure is required by law.

     (e) Performing or allowing any employee or agent of the medical products provider or medical products wholesaler to perform services beyond the training, competency, ability or knowledge of the employee or agent.

     (f) Submitting any claim for payment or reimbursement to any person or entity for products or services that is fraudulent, deceitful, unnecessary, or for any products or services not actually provided to a consumer.

     (g) Violating any provision of the Code of Ethics of the National Association for Medical Equipment Services, which is hereby adopted by reference, a copy of which may be obtained, free of charge, by writing to the American Association for Homecare, 2011 Crystal Drive, Suite 725, Arlington, Virginia 22202.

     (h) Violating any provision of the Code of Ethics of the Nevada Association of Medical Products Suppliers, which is hereby adopted by reference, a copy of which may be obtained, free of charge, by writing to the Nevada Association of Medical Products Suppliers, P.O. Box 61492, Boulder City, Nevada 89006-1492.

     (i) Engaging in any knowing or willful offer, payment, solicitation or receipt of any remuneration to induce referrals of sales, leases, or other provisions of medical products or services by any medical products provider, medical products wholesaler or health professional.

     (j) Violating any provision of the Standards of Practice and the Code of Ethics for the National Registry of Rehabilitation Technology Suppliers, which is hereby adopted by reference. The publication may be obtained from the National Registry of Rehabilitation Technology Suppliers, 6732 West Coal Mine Avenue, #379, Littleton, Colorado 80123-4573, for the price of $5 or free of charge at the Internet address http://www.nrrts.org/.

     2. The owner of a medical products provider is responsible for the acts of his or her business administrator and employees.

     3. The owner of a medical products wholesaler is responsible for the acts of his or her facility administrator and employees.

     (Added to NAC by Bd. of Pharmacy by R008-01, eff. 11-1-2001)