22 Tex. Admin. Code § 217.12 - Unprofessional Conduct
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.
Notes
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No prior version found.