N.H. Code Admin. R. Nur 402.04 - Disciplinary Sanctions
(a) Other than immediate license suspensions
authorized by RSA 541-A: 30, III, and RSA 326-B: 37, IV, the board shall impose
disciplinary sanctions only:
(1) After prior
notice and an opportunity for a hearing; or
(2) Pursuant to a mutually agreed upon
settlement or consent decree.
(b) In addition to the acts described in RSA
326-B: 37, II, the following shall also be considered acts of misconduct or
dishonesty for any person licensed under RSA 326-B:
(1) Accepting a nursing or nursing-related
assignment when the licensee knows or has reason to know he or she is
unqualified to perform the assignment;
(2) Leaving an assignment from the acute
care, long term care, home care or community setting, without notifying the
appropriate authority, whereby such departure endangers the health, safety, and
welfare of those individuals entrusted to the licensee's care;
(3) Violating care recipients' rights,
confidentiality, privacy, or records;
(4) Practicing in a manner that discriminates
on the basis of age, race, sex, handicap, national origin, sexual orientation,
nature of illness or health status, physical or mental infirmity;
(5) Misappropriating human or material
resources;
(6) Physical, mental
and/or verbal abuse, battery, exploitation, harassment, or neglect of
individuals;
(7) Receiving, or
agreeing to receive, fees or other considerations for influencing the care,
activities or records of individuals;
(8) Failure to maintain standards of practice
or education pursuant to RSA 326-B: 2;
(9) Claiming as their own another's license,
or allowing others to use a license not their own;
(10) Administering therapeutic agents,
treatments, or activities, or recording of same, in an inaccurate or negligent
manner;
(11) Failure to record or
report in an accurate manner without omission, falsification, or alteration any
patient care data, or health care, employment or board records;
(12) Failure to take appropriate action to
safeguard individuals from incompetent health-care, nursing practices,
nursing-providers, ancillary personnel or others involved with
care-recipients;
(13) Performing
nursing activities or interventions, or providing nursing-related activities
beyond the authorized scope of practice;
(14) Practicing without a current license, or
altering a license pocket-card by changing dates, numbers, or any information
appearing on a license pocket-card;
(15) Falsifying or not providing information
requested by the board;
(16) Being
the subject of 3 different medical injury actions reported under RSA 326-B: 37;
and
(17) Any pattern of behavior
consisting of more than one incident of professional misconduct that is
incompatible with the standards of practice.
(c) Acts of misconduct for APRNs, RNs and
LPNs shall also include:
(1) Delegating or
directing activities or tasks to individuals when the licensee knows or has
reason to know that the individual(s) is not qualified to perform the activity
or task;
(2) Failure of licensee to
supervise individuals or groups required to practice nursing or provide
nursing-related activities under supervision;
(3) Requiring a licensee to perform specific
nursing interventions or nursing related activities when the licensee clearly
and cogently states their inability, either through lack of education, practice
or knowledge and skills, to perform the delegated activity; and
(4) Permitting the use or disclosure of
program information under control of the APRN's by a person not authorized to
receive it in violation of RSA 318 or administrative rules of the board of
pharmacy.
(d) When the
board receives notice that a licensee has been disciplined for acts related to
professional conduct by the licensing authority of another jurisdiction, the
board shall issue an order providing the opportunity for a hearing and
directing the licensee to demonstrate why reciprocal discipline should not be
imposed in New Hampshire.
(e) In a
disciplinary proceeding brought on the basis of discipline imposed in another
jurisdiction, a licensee shall not be subject to disciplinary sanctions which
exceed those imposed by the other jurisdiction unless the board first provides
specific notice of an intention to consider other sanctions. When such notice
is provided, the licensee shall be subject to any disciplinary sanction
authorized by RSA 326-B: 37, III.
(f) Following opportunity for a hearing and
after a finding that misconduct or dishonesty has occurred by a licensee, the
board shall impose disciplinary sanctions, to the extent authorized by RSA
326-B: 37, III, and the Omnibus Budget Reconciliation Act (OBRA) of 1987;
Section 1819 and 1919 of the Social Security Act (
42 U.S.C.
1395 & 1396).
(g) In imposing sanctions, the board shall
apply the following factors in determining the level or kind of disciplinary
sanction imposed:
(1) The seriousness of the
offense;
(2) The licensee's prior
disciplinary record;
(3) The
licensee's state of mind at the time of the offense;
(4) The licensee's acknowledgment of his or
her wrongdoing;
(5) The licensee's
willingness to cooperate with the board;
(6) The purpose of the rule or statute
violated;
(7) The potential harm to
public health and safety; and
(8)
The nature and extent of the enforcement activities required of the board as a
result of the offense.
(h) Discipline imposed upon a licensee under
(b) above shall be intended to be the minimum sanction or sanctions, both in
type and extent, that the board believes will, based upon the unique facts and
circumstances of each act of misconduct:
(1)
Protect the public; and
(2) Deter
both the licensee charged and any other licensee from engaging in such
misconduct in the future.
(i) The type of disciplinary sanctions
available to the board shall include the following, listed in ascending order
of severity:
(1) Issuance of a public
reprimand pursuant to RSA 326-B: 37, III(a);
(2) Imposing conditions on the licensee's
scope of practice pursuant to RSA 326-B: 37, III(a);
(3) Imposing one or more limitations on the
licensee's scope of practice pursuant to
RSA
326-B:37, III(a);
(4) Placing the licensee on probation for a
specific period of time pursuant to RSA 326-B: 37, III(a);
(5) Requiring the licensee to practice under
the direct supervision of an RN pursuant to RSA 326-B: 37, III(e);
(6) Imposition of an administrative fine
pursuant to RSA 326-B: 37, III(f);
(7) Requiring the licensee to submit to the
care, counseling, or treatment of a physician, counseling service, health care
facility, professional assistance program, or any comparable person or facility
pursuant to RSA
326-B:37, III(d);
(8) Requiring continuing nursing education in
the area or areas in which they have been found deficient or incompetent
pursuant to RSA
326-B:37, III(c);
(9) Requiring participation in a
rehabilitative program in the area or areas in which they have been found
deficient or incompetent pursuant to RSA 326-B: 37, III(c);
(10) Imposition of a period of license
suspension pursuant to RSA 326-B: 37, III(a);
(11) Declining to renew or reinstate a
license pursuant to RSA 326-B: 37, III; and
(12) Revocation of a license pursuant to RSA
326-B: 37, III(b).
(j)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities,
organizations, associations, or boards as are required to be notified under
applicable state or federal law.
Notes
(See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #7741, eff 8-13-02; ss by #8873, eff 4-24-07; ss by #10299, eff 3-22-13; ss by #10571, eff 4-17-14
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