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
