The following unprofessional conduct rules are intended to
protect clients and the public from incompetent, unethical, or illegal
conduct of licensees. The purpose of these rules is to identify behaviors
in the practice of nursing that are likely to deceive, defraud, or
injure clients or the public. Actual injury to a client need not be
established. These behaviors include but are not limited to:
(1) Unsafe Practice--actions or conduct including,
but not limited to:
(A) Carelessly failing, repeatedly failing, or exhibiting
an inability to perform vocational, registered, or advanced practice
nursing in conformity with the standards of minimum acceptable level
of nursing practice set out in §217.11 of this chapter;
(B) Failing to conform to generally accepted nursing
standards in applicable practice settings;
(C) Improper management of client records;
(D) Delegating or assigning nursing functions or a
prescribed health function when the delegation or assignment could
reasonably be expected to result in unsafe or ineffective client care;
(E) Accepting the assignment of nursing functions or
a prescribed health function when the acceptance of the assignment
could be reasonably expected to result in unsafe or ineffective client
care;
(F) Failing to supervise the performance of tasks by
any individual working pursuant to the nurse's delegation or assignment;
or
(G) Failure of a clinical nursing instructor to adequately
supervise or to assure adequate supervision of student experiences.
(2) Failure of a chief administrative nurse to follow
standards and guidelines required by federal or state law or regulation
or by facility policy in providing oversight of the nursing organization
and nursing services for which the nurse is administratively responsible.
(3) Failure to practice within a modified scope of
practice or with the required accommodations, as specified by the
Board in granting an encumbered license or any stipulated agreement
with the Board.
(4) Conduct that may endanger a client's life, health,
or safety.
(5) Inability to Practice Safely--demonstration of
actual or potential inability to practice nursing with reasonable
skill and safety to clients by reason of illness, use of alcohol,
drugs, chemicals, or any other mood-altering substances, or as a result
of any mental or physical condition.
(6) Misconduct--actions or conduct that include, but
are not limited to:
(A) Falsifying reports, client documentation, agency
records or other documents;
(B) Failing to cooperate with a lawful investigation
conducted by the Board;
(C) Causing or permitting physical, emotional or verbal
abuse or injury or neglect to the client or the public, or failing
to report same to the employer, appropriate legal authority and/or
licensing board;
(D) Violating professional boundaries of the nurse/client
relationship including but not limited to physical, sexual, emotional
or financial exploitation of the client or the client's significant
other(s);
(E) Engaging in sexual conduct with a client, touching
a client in a sexual manner, requesting or offering sexual favors,
or language or behavior suggestive of the same;
(F) Threatening or violent behavior in the workplace;
(G) Misappropriating, in connection with the practice
of nursing, anything of value or benefit, including but not limited
to, any property, real or personal of the client, employer, or any
other person or entity, or failing to take precautions to prevent
such misappropriation;
(H) Providing information which was false, deceptive,
or misleading in connection with the practice of nursing;
(I) Failing to answer specific questions or providing
false or misleading answers in a licensure or employment matter that
could reasonably affect the decision to license, employ, certify or
otherwise utilize a nurse; or
(J) Offering, giving, soliciting, or receiving or agreeing
to receive, directly or indirectly, any fee or other consideration
to or from a third party for the referral of a client in connection
with the performance of professional services.
(7) Failure to pay child support payments as required
by the Texas Family Code §232.001, et seq.
(8) Drug Diversion--diversion or attempts to divert
drugs or controlled substances.
(9) Dismissal from a board-approved peer assistance
program for noncompliance and referral by that program to the Board.
(10) Other Drug Related--actions or conduct that include,
but are not limited to:
(A) Use of any controlled substance or any drug, prescribed
or unprescribed, or device or alcoholic beverages while on duty or
on call and to the extent that such use may impair the nurse's ability
to safely conduct to the public the practice authorized by the nurse's
license;
(B) Falsification of or making incorrect, inconsistent,
or unintelligible entries in any agency, client, or other record pertaining
to drugs or controlled substances;
(C) Failing to follow the policy and procedure in place
for the wastage of medications at the facility where the nurse was
employed or working at the time of the incident(s);
(D) A positive drug screen for which there is no lawful
prescription; or
(E) Obtaining or attempting to obtain or deliver medication(s)
through means of misrepresentation, fraud, forgery, deception and/or
subterfuge.
(11) Unlawful Practice--actions or conduct that include,
but are not limited to:
(A) Knowingly aiding, assisting, advising, or allowing
an unlicensed person to engage in the unlawful practice of vocational,
registered or advanced practice nursing;
(B) Violating an order of the Board, or carelessly
or repetitively violating a state or federal law relating to the practice
of vocational, registered or advanced practice nursing, or violating
a state or federal narcotics or controlled substance law;
(C) Aiding, assisting, advising, or allowing a nurse
under Board Order to violate the conditions set forth in the Order;
or
(D) Failing to report violations of the Nursing Practice
Act and/or the Board's rules and regulations.
(12) Leaving a nursing assignment, including a supervisory
assignment, without notifying the appropriate personnel.
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