Iowa Admin. Code r. 655-4.6 - Disciplinary hearing-fees and costs
(1) Fees and costs assessed by the board
pursuant to Iowa Code section
272C.6(6)
"a" will be calculated by the board's executive director and
be entered as part of the board's final disciplinary order. The board's final
disciplinary order will specify the time period in which the fees and costs
shall be paid by the licensee.
(2)
Failure of the licensee to pay the fees and costs assessed herein in the time
specified in the board's final disciplinary order may constitute a violation of
a lawful order of the board.
Notes
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A licensee may be disciplined for failure to comply with the rules promulgated by the board and for any wrongful act or omission related to nursing practice, licensure, or professional conduct.
(1) In accordance with Iowa Code section 147.55(1), behavior which constitutes fraud in procuring a license may include, but need not be limited to, the following:
a. Falsification of the application, credentials, or records submitted to the board for licensure or license renewal as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner.
b. Fraud, misrepresentation, or deceit in taking the licensing examination or in obtaining a license as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner.
c. Impersonating any applicant in any examination for licensure as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner.
(2) In accordance with Iowa Code section 147.55(2), professional incompetency may include, but need not be limited to, the following:
a. Lack of knowledge, skill, or ability to discharge professional obligations within the scope of nursing practice.
b. Deviation by the licensee from the standards of learning, education, or skill ordinarily possessed and applied by other nurses in the state of Iowa acting in the same or similar circumstances.
c. Willful or repeated departure from or failure to conform to the minimum standards of acceptable and prevailing practice of nursing in the state of Iowa.
d. Willful or repeated failure to practice nursing with reasonable skill and safety.
e. Willful or repeated failure to practice within the scope of current licensure or level of preparation.
f. Failure to meet the standards as defined in 655-Chapter 6.
g. Failure to meet the standards as defined in 655-Chapter 7.
h. Failure to comply with the requirements of Iowa Code chapter 139A.
(3) In accordance with Iowa Code section 147.55(3), behavior (i.e., acts, knowledge, and practices) which constitutes knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession may include, but need not be limited to, the following:
a. Oral or written misrepresentation relating to degrees, credentials, licensure status, records, and applications.
b. Falsifying records related to nursing practice or knowingly permitting the use of falsified information in those records.
(4) In accordance with Iowa Code section 147.55(3), behavior (i.e., acts, knowledge, and practices) which constitutes unethical conduct or practice harmful or detrimental to the public may include, but need not be limited to, the following:
a. Performing nursing services beyond the authorized scope of practice for which the individual is licensed or prepared.
b. Allowing another person to use one's nursing license for any purpose.
c. Failing to comply with any rule promulgated by the board related to minimum standards of nursing.
d. Improper delegation of nursing services, functions, or responsibilities.
e. Committing an act or omission which may adversely affect the physical or psychosocial welfare of the patient or client.
f. Committing an act which causes physical, emotional, or financial injury to the patient or client.
g. Failing to report to, or leaving, a nursing assignment without properly notifying appropriate supervisory personnel and ensuring the safety and welfare of the patient or client.
h. Violating the confidentiality or privacy rights of the patient or client.
i. Discriminating against a patient or client because of age, sex, race, ethnicity, national origin, creed, illness, disability, sexual orientation, or economic or social status.
j. Failing to assess, accurately document, evaluate, or report the status of a patient or client.
k. Misappropriating or attempting to misappropriate medications, property, supplies, or equipment of the patient, client, or agency.
l. Fraudulently or inappropriately using or permitting the use of prescriptions, obtaining or attempting to obtain prescription medications under false pretenses, or assisting others to obtain or attempt to obtain prescription medication under false pretenses.
m. Practicing nursing while under the influence of alcohol, marijuana, or illicit drugs or while impaired by the use of pharmacological agents or medications, even if legitimately prescribed.
n. Being involved in the unauthorized manufacture or distribution of a controlled substance.
o. Being involved in the unauthorized possession or use of a controlled substance.
p. Engaging in behavior that is contradictory to professional decorum.
q. Failing to report suspected wrongful acts or omissions committed by a licensee of the board.
r. Failing to comply with an order of the board.
s. For an advanced registered nurse practitioner, prescribing, dispensing, administering, or distributing drugs:
(1) In an unsafe manner.
(2) Without accurately documenting it or without assessing, evaluating, or instructing the patient or client.
(3) To individuals who are not patients or who are outside of the licensee's specialty area.
t. Engaging in repeated verbal or physical conduct that interferes with another health care worker's performance or creates an intimidating, hostile, or offensive work environment.
u. Failing to properly safeguard or secure medications.
v. Failing to properly document or perform medication wastage.
(5) For purposes of this subrule, "patient" is defined to include the patient and the patient's family or caretakers who are present with the patient while the patient is under the care of the licensee. In accordance with Iowa Code section 147.55(3), behavior (i.e., acts, knowledge, and practices) which constitutes unethical conduct or practice harmful or detrimental to the public may include, but need not be limited to, the following professional boundaries violations:
a. Sexual contact with a patient, regardless of patient consent.
b. Making lewd, suggestive, demeaning, or otherwise sexual comments, regardless of patient consent.
c. Participating in, initiating, or attempting to initiate a sexual, emotional, social, or business relationship with a patient, regardless of patient consent.
d. Soliciting, borrowing, or misappropriating money or property from a patient, regardless of patient consent.
e. Repeatedly divulging personal information to a patient for nontherapeutic purposes, regardless of patient consent.
f. Engaging in a sexual, emotional, social, or business relationship with a former patient when there is a risk of exploitation or harm to the patient, regardless of patient consent.
(6) In accordance with Iowa Code section 147.55(4), habitual intoxication or addiction to the use of drugs may include, but need not be limited to, the following:
a. Excessive use of alcohol which may impair a licensee's ability to practice the profession with reasonable skill and safety.
b. Excessive use of drugs which may impair a licensee's ability to practice the profession with reasonable skill and safety.
(7) Being convicted of an offense that directly relates to the duties and responsibilities of the profession. A conviction includes a guilty plea, including Alford and nolo contendere pleas, or a finding or verdict of guilt, even if the adjudication of guilt is deferred, withheld, or not entered. A copy of the guilty plea or order of conviction constitutes conclusive evidence of conviction. An offense directly relates to the duties and responsibilities of the profession if the actions taken in furtherance of the offense are actions customarily performed within the scope of practice of the profession or the circumstances under which the offense was committed are circumstances customary to the profession.
(8) In accordance with Iowa Code section 147.55(5), fraud in representation as to skill or ability.
(9) In accordance with Iowa Code section 147.55(6), use of untruthful or improbable statements in advertisements.
(10) In accordance with Iowa Code section 147.55(7), willful or repeated violations of provisions of Iowa Code chapter 147, 152, or 272C.
(11) In accordance with Iowa Code section 147.55(8), other acts or offenses as specified by board rule, including the following:
a. Failing to provide written notification of a change of address to the board within 30 days of the event.
b. Failing to notify the board within 30 days from the date of the final decision in a disciplinary action taken by the licensing authority of another state, territory, or country.
c. Failing to notify the board of a criminal conviction within 30 days of the action, regardless of whether the judgment of conviction or sentence was deferred, and regardless of the jurisdiction where it occurred.
d. Failing to submit an additional completed fingerprint packet as required and applicable fee, when a previous fingerprint submission has been determined to be unacceptable, within 30 days of a request made by board staff.
e. Failing to respond to the board during a board audit or submit verification of compliance with continuing education requirements or exceptions within the time period provided.
f. Failing to respond to the board during a board audit or submit verification of compliance with training in child or dependent adult abuse identification and reporting or exceptions within the time period provided.
g. Failing to respond to the board during a board audit or submit verification of compliance with the requirements for the supervision of fluoroscopy set forth in 655-subrule 7.4(5) or exceptions within the time period provided.
h. Failing to respond to or comply with a board investigation or subpoena.
i. Engaging in behavior that is threatening or harassing to the board, board staff, or agents of the board.
j. Violating an initial agreement or contract with the Iowa nurse assistance program committee.
(12) In accordance with Iowa Code section 147.2 or 147.10:
a. Engaging in the practice of nursing in Iowa prior to licensure or not pursuant to the nurse licensure compact.
b. Engaging in the practice of nursing in Iowa on an inactive license.
(13) In accordance with Iowa Code section 152.10(2):
a. Continuing to practice while knowingly having an infectious or contagious disease which could be harmful to a patient's welfare without taking precautions to meet the current standard of care.
b. Having a license to practice nursing as a registered nurse, licensed practical/vocational nurse, or advanced registered nurse practitioner revoked or suspended, or having other disciplinary action taken, by a licensing authority of another state, territory, or country.
c. Having a license to practice nursing as a registered nurse, licensed practical/vocational nurse, or advanced registered nurse practitioner revoked or suspended, or having other disciplinary action taken, by a licensing authority in another state which has adopted the nurse licensure compact contained in Iowa Code section 152E.1 or the advanced practice registered nurse compact contained in Iowa Code section 152E.3 and which has communicated information relating to such action pursuant to the coordinated licensure information system established by the compact. If the action taken by the licensing authority occurs in a jurisdiction which does not afford the procedural protections of Iowa Code chapter 17A, the licensee may object to the communicated information and shall be afforded the procedural protections of Iowa Code chapter 17A.
d. Knowingly aiding, assisting, procuring, advising, or allowing a person to unlawfully practice nursing.
e. Being adjudicated mentally incompetent by a court of competent jurisdiction. Such adjudication shall automatically suspend a license for the duration of the license unless the board orders otherwise.
f. Being unable to practice nursing with reasonable skill and safety by reason of illness or as a result of a mental or physical condition.