Nev. Admin. Code § 632.890 - Unprofessional conduct
The Board will consider the following acts, among others, by a licensee or holder of a certificate as unprofessional conduct:
1. Discriminating on the basis of race,
religious creed, color, national origin, age, disability, ancestry, sexual
orientation or sex in the rendering of nursing services.
2. Performing acts beyond the scope of the
practice of nursing.
3. Assuming
duties and responsibilities within the practice of nursing without adequate
training.
4. Assuming duties and
responsibilities within the practice of nursing if competency is not maintained
or the standards of competence are not satisfied, or both.
5. Disclosing the contents of the examination
for licensure or certification, or soliciting, accepting or compiling
information regarding the contents of the examination before, during or after
its administration.
6. Assigning or
delegating functions, tasks or responsibilities of licensed or certified
persons to unqualified persons.
7.
Failing to supervise a person to whom functions of nursing are delegated or
assigned, if responsible for supervising that person.
8. Failing to safeguard a patient from the
incompetent, abusive or illegal practice of any person.
9. Practicing nursing while, with or without
good cause, his or her physical, mental or emotional condition impairs his or
her ability to act in a manner consistent with established or customary nursing
standards, or both.
10. Practicing
nursing, if any amount of alcohol or a controlled substance or dangerous drug
that is not legally prescribed is present in the body of the nurse, nursing
assistant or medication aide - certified as determined by a test of the blood,
saliva, breath, hair or urine of the nurse, nursing assistant or medication
aide - certified given while the nurse, nursing assistant or medication aide -
certified is on duty.
11. Having
present in the body of the nurse, nursing assistant or medication aide -
certified alcohol or a controlled substance or dangerous drug that is not
legally prescribed during a test of the blood, saliva, breath, hair or urine of
the nurse, nursing assistant or medication aide - certified given as a
condition of employment.
12.
Failing to respect and maintain a patient's right to privacy.
13. Violating a patient's
confidentiality.
14. Performing or
offering to perform the functions of a licensee or holder of a certificate by
false representation or under a false or an assumed name.
15. Failing to report the gross negligence of
a licensee or holder of a certificate in the performance of his or her duties
or a violation of the provisions of this chapter or chapter 632 of
NRS.
16. Failing to document
properly the administration of a controlled substance, including, but not
limited to:
(a) Failing to document the
administration of a controlled substance on the Controlled Substance
Administration Record, the patient's Medication Administration Record and the
Nursing Progress Notes, including the patient's response to the
medication;
(b) Documenting as
wastage a controlled substance and taking that controlled substance for
personal or other use;
(c) Failing
to document the wastage of a controlled substance that was not legally
administered to a patient;
(d)
Soliciting the signature on any record of a person as a witness to the wastage
of a controlled substance when that person did not witness the wastage;
or
(e) Signing any record as a
witness attesting to the wastage of a controlled substance which he or she did
not actually witness.
17. Soliciting services or soliciting or
borrowing money, materials or other property, or any combination thereof, from
a:
(a) Patient;
(b) Family member of a patient;
(c) Person with significant personal ties to
a patient, whether or not related by blood; or
(d) Legal representative of a
patient.
18. Diverting
supplies, equipment or drugs for personal or unauthorized use.
19. Aiding, abetting or assisting any person
in performing any acts prohibited by law.
20. Inaccurate recording, falsifying or
otherwise altering or destroying records.
21. Obtaining, possessing, furnishing or
administering prescription drugs to any person, including himself or herself,
except as directed by a person authorized by law to prescribe drugs.
22. Leaving an assignment without properly
notifying the appropriate personnel or abandoning a patient in need of
care.
23. Exploiting a patient for
financial gain or offering, giving, soliciting or receiving fees or gifts for
the referral of a:
(a) Patient;
(b) Family member of a patient;
(c) Person with significant personal ties to
a patient, whether or not related by blood; or
(d) Legal representative of a
patient.
24. Failing to
collaborate with other members of a health care team as necessary to meet the
health needs of a patient.
25.
Failing to observe the conditions, signs and symptoms of a patient, to record
the information or to report significant changes to the appropriate
persons.
26. Failing to abide by
any state or federal statute or regulation relating to the practice of
nursing.
27. Failing to perform
nursing functions in a manner consistent with established or customary
standards.
28. Causing a patient or
the family of the patient physical, mental or emotional harm by taking direct
or indirect actions or failing to take appropriate actions.
29. Engaging in sexual contact with a patient
or client.
30. Failing as a chief
nurse to:
(a) Institute standards of nursing
practice so that safe and effective nursing care is provided to
patients;
(b) Institute standards
of competent organizational management and management of human resources so
that safe and effective nursing care is provided to patients; or
(c) Create a safe and effective environment,
including the failure to assess the knowledge, skills and ability of a licensee
or holder of a certificate and determine his or her competence to carry out the
requirements of his or her job.
31. Failing to report the unauthorized
practice of nursing.
32.
Endangering the safety of the general public, patients, clients or coworkers by
making actual or implied threats of violence or carrying out an act of
violence.
33. Abusing a
patient.
34. Neglecting a
patient.
35. Misappropriating the
property of a patient.
36. Failing
to comply with a condition, limitation or restriction which has been placed on
his or her license or certificate.
37. Engaging in the practice of nursing or
performing the services of a nursing assistant or medication aide - certified
without a license or certificate issued pursuant to the provisions of this
chapter and chapter 632 of NRS.
38.
Displaying a license, certificate, diploma or permit, or a copy of a license,
certificate, diploma or permit, which has been fraudulently purchased, issued,
counterfeited or materially altered.
39. Engaging in a pattern of conduct that
demonstrates failure to exercise the knowledge, skills, and abilities using the
methods ordinarily exercised by a reasonable and prudent nurse to protect the
public.
40. Committing an error in
the administration or delivery of medication to a patient.
41. Failing to cooperate with an
investigation conducted by the Board.
42. Engaging in any other unprofessional
conduct with a patient or client that the Board determines is outside the
professional boundaries generally considered acceptable in the profession,
including, without limitation, a violation of the guidelines of the American
Nurses Association or the National Council of State Boards of Nursing
concerning the appropriate use of social media.
Notes
NRS 632.120, 632.320
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