Ga. Comp. R. & Regs. R. 410-10-.03 - Definition of Unprofessional Conduct
(1) Nursing conduct failing to meet the
minimal standards of acceptable and prevailing nursing practice, which could
jeopardize the health, safety, and welfare of the public, shall constitute
unprofessional conduct. This conduct shall include, but not be limited to, the
following:
(2)
Practice
(a) Using inappropriate
or unsafe judgment, technical skill or interpersonal behaviors in providing
nursing care;
(b) Performing any
nursing technique or procedure for which the nurse is unprepared by education
or experience;
(c) Disregarding a
patient/client's dignity, right to privacy or right to
confidentiality;
(d) Failing to
provide nursing care because of diagnosis, age, gender, race, creed, color or
sexual orientation;
(e) Abandoning
or knowingly neglecting patients/clients requiring nursing care;
(f) Continuing to practice after the
expiration date of the license.
(g)
Failing to take appropriate action to safeguard a patient's welfare;
(h) Failing to take action in a health care
setting to protect a patient whose safety or welfare is at risk from
incompetent health care practice, or to report the incompetent health care
practice to employment or licensing authorities;
(i) Failing to report to the Board a licensed
nurse whose work history includes conduct, or a pattern of conduct, that leads
to or may lead to an adverse patient outcome;
(j) Assuming patient care responsibilities
that the nurse lacks the education to perform, for which the nurse has failed
to maintain nursing competence, or that are outside the scope of practice of
the nurse;
(k) 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;
(l)
Failure of a clinical nursing instructor to adequately supervise or to assure
adequate supervision of student experiences.
(m) Failure to practice within a modified
scope of practice or with the required accommodations, as specified by the
Board in granting a limited license or any agreement with the Board.
(n) Causing or permitting physical,
emotional, sexual or verbal abuse or injury or neglect to the client, or
failing to report same to the employer, appropriate legal authority and/or the
Board;
(o) Providing information
which was false, deceptive, or misleading in connection with the practice of
nursing;
(p) Knowingly aiding,
assisting, advising, or allowing an unlicensed person to engage in the unlawful
practice of practical, registered or advanced practice nursing;
(q) Violating an order of the Board, or
carelessly or repetitively violating a state or federal law relating to the
practice of practical, registered or advanced practice nursing, or violating a
state or federal narcotics or controlled substance law;
(r) Knowingly aiding, assisting, advising, or
allowing a nurse under Board Order to violate the conditions set forth in the
Order; or
(s) Failing to report
violations of the Nursing Practice Act and/or the Board's rules and
regulations.
(3)
Documentation
(a) Failing to
maintain a patient record that accurately reflects the nursing assessment,
care, treatment, and other nursing services provided to the patient;
(b) Falsifying, omitting or making a
materially incorrect, inconsistent, or unintelligible entry in any record:
1.Regarding a patient at a health care
facility, school, institution, or other work place location; or
2.Pertaining to obtaining, possessing,
administering, wasting or returning any controlled substance as defined in the
federal Uniform Controlled Substances Act,
21 U.S.C. 801
et seq., or
Georgia's Controlled Substances Act;
(c) Falsifying reports, client documentation,
agency records or other documents; or
(d) Falsifying, omitting or destroying
documentation of nursing actions on the official patient/client
record.
(4)
Investigations
(a) Failing to
timely respond to an investigative subpoena issued by the Board;
(b) Failing to cooperate with a lawful
investigation conducted by the Board; or
(c) Making a written false or inaccurate
statement to the Board or the Board's designee in the course of an
investigation
(5)
Delegation
(a) Failing to
supervise a person to whom nursing functions are delegated;
(b) Delegating services that require nursing
judgment to an unauthorized person;
(c) 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;
or
(d) Delegating nursing care,
functions, tasks or responsibility to others when the nurse knows or should
know that such delegation is to the detriment of patient safety;
(6)
Drugs
(a) Removing, without authorization, a
narcotic, drug, controlled substance, supply, equipment, or medical record from
any health care facility, school, institution, or other work place
location;
(b) Obtaining,
possessing, administering, or using any narcotic, controlled substance, or
illegal drug in violation of any federal or state criminal law, or in violation
of the policy of any health care facility, school, institution, or other work
location at which the nurse practices;
(c) Providing or administering any controlled
substance or prescription-only drug for other than accepted therapeutic or
research purposes;
(d) 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);
(e) A positive drug
screen for which there is no lawful prescription;
(f) Obtaining or attempting to obtain or
deliver medication(s) through means of misrepresentation, fraud, forgery,
deception and/or subterfuge;
(g)
Failing to practice nursing in accordance with prevailing nursing standards due
to physical, psychological or chemical impairment; or
(h) Failing to report to the Board within 30
days of becoming unable to practice nursing with reasonable skill and safety by
result of mental or physical condition or use of alcohol, drugs, narcotics,
chemicals, or any other type of material.
(7)
Boundaries
(a) Failing to maintain professional
boundaries or engaging in a dual relationship with a patient, resident, or any
family member of a patient or resident;
(b) Removing, without authorization, any
money, property, or personal possessions, or requesting payment for services
not performed from a patient, employer, co-worker, or member of the
public;
(c) 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);
(d)
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;
(e) Threatening or violent
behavior in the workplace; or
(f)
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.
(8)
Fraud
(a) Engaging in fraud, misrepresentation, or
deceit in taking a licensing examination or on an initial or renewal
application for a license or certificate;
(b) Impersonating a nurse licensed under this
O.C.G.A. §
43-26;
(c)
Advertising the practice of nursing with untruthful or misleading
statements;
(d) Practicing nursing
without a current license or while the license is suspended;
(e) Providing one's license/temporary permit
to another individual for any reason; or
(f) Providing false or misleading documents
related to applications, renewals or continuing competency
requirements.
(9)
Employment
(a) Making a false or
misleading statement on a nursing or health care related employment or
credential application concerning previous employment, employment experience,
education, or credentials;
(b)
Failing to answer specific questions or providing false or misleading answers
that would have affected the decision to license, employ, certify or otherwise
utilize a nurse; or
(c) Providing a
false, deceptive or misleading statement(s) as a nursing expert.
(10)
Arrests and
Convictions
(a) Failing to notify the
Board, in writing, of a conviction for a felony or an undesignated offense
within 10 days of the conviction. The nurse or applicant shall include the
following in the notification:
1.Name,
address, telephone number, email address, social security number, and license
number, if applicable;
2.Date of
the conviction; and
3.Nature of the
offense.
Notes
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