Unprofessional Conduct
Regulation
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NAC 632.890 Unprofessional conduct. The
Board will consider the following acts, among others, by a
licensee or holder of a certificate as unprofessional conduct;
- Discriminating on the basis of race, religious creed,
color, national origin, age, disability, ancestry or sex
in the rendering of nursing services.
- Performing acts beyond the scope of the practice of
nursing.
- Assuming duties and responsibilities within the practice
of nursing without adequate training.
- Assuming duties and responsibilities within the practice
of nursing if competency is not maintained or the
standards of competence are not satisfied, or both.
- Disclosing the contents of the examination for licensure
or certification, or soliciting, accepting or compiling
information regarding the contents of the examination
before, during or after its administration.
- Assigning or delegating functions, tasks or
responsibilities of licensed or certified persons to
unqualified persons.
- Failing to supervise a person to whom functions of
nursing are delegated or assigned, if responsible for
supervising that person.
- Failing to safeguard a patient from the incompetent,
abusive or illegal practice of any person.
- Practicing nursing while, with or without good cause, his
physical, mental or emotional condition impairs his
ability to act in a manner consistent with established or
customary nursing standard, or both.
- Practicing nursing if any amount of alcohol or a
controlled substance or dangerous drug which is not
legally prescribed is present in the body of the nurse as
determined by a test of the blood, saliva, breath or
urine of the nurse.
- Having present in the body of the nurse or nursing
assistant, alcohol or a controlled substance or dangerous
drug that is not legally prescribed during a test of the
blood, saliva, breath or urine of the nurse or nursing
assistant given as a condition of employment.
- Failing to respect and maintain a patient's right to
privacy.
- Violation of a patient's confidentiality.
- Performing or offering to perform the functions of a
licensee or holder of a certificate by false
representation or under a false or an assumed name.
- Failing to report the gross negligence of a licensee or
holder of a certificate in the performance of his duties
or a violation of the provisions of chapter 632 of NRS or
this chapter.
- Failing to document properly the administration of a
controlled substance, including, but not limited to:
- Failing to document the administration of a
controlled substance on the Controlled Substance
Administration Record, the patient's Medication
Administration Record and the Nursing Progress
Notes, including the patient's response to the
medication;
- Documenting as wastage a controlled substance and
taking that controlled substance for personal or
other use;
- Failing to document the wastage of a controlled
substance that was not legally administered to a
patient;
- Soliciting the signature on any record of a
person as a witness to the wastage of a
controlled substance when that person did not
witness the wastage; or
- Signing any record as a witness attesting to the
wastage of a controlled substance which he did
not actually witness.
- Soliciting services or soliciting or borrowing money,
materials or other property , or any combination thereof,
from a:
- Patient;
- Family member of patient;
- Person with significant personal ties to a
patient, whether or not related by blood; or
- Legal representative of a patient.
- Diverting supplies, equipment or drugs for personal or
unauthorized use.
- Aiding, abetting or assisting any person in performing
any acts prohibited by law.
- Inaccurate recording, falsifying or otherwise altering or
destroying records.
- Obtaining, possessing, furnishing or administering
prescription drugs to any person, including himself,
except as directed by a person authorized by law to
prescribe drugs.
- Leaving an assignment without properly notifying the
appropriate personnel or abandoning a patient in need of
care.
- Exploiting a patient for financial gain or offering,
giving, soliciting or receiving fees or gifts for the
referral of a:
- Patient;
- Family member of patient;
- Person with significant personal ties to a
patient, whether or not related by blood; or
- Legal representative of a patient.
- Failing to collaborate with other members of a health
care team as necessary to meet the health needs of a
patient.
- Failing to observe the conditions, signs and symptoms of
a patient, to record the information or to report
significant changes to the appropriate persons.
- Failing to abide by any state or federal statute or
regulation relating to the practice of nursing.
- Failing to perform nursing functions in a manner
consistent with established or customary standards.
- Causing a patient physical, mental or emotional harm by
taking direct or indirect actions or failing to take
appropriate actions.
- Engaging in sexual contact with a patient or client.
- Failing as a chief nurse to:
- Institute standards of nursing practice so that
safe and effective nursing care is provided to
patients:
- Institute standards of competent organizational
management and management of human resources so
that safe and effective nursing care is provided
to patients; or
- Create a safe and effective environment,
including the failure to assess the knowledge,
skills and ability of a licensee or holder of a
certificate and determine his competence to carry
out the requirements of his job.
- Failing to report the unauthorized practice of nursing.
- Endangering the safety of the general public, patients,
clients or coworkers by making actual or implied threats
of violence or carrying out an act of violence.
- Abusing or neglecting a patient.
- Misappropriating the property of a patient.
- Failing to comply with a condition, limitation or
restriction which has been placed on his license or
certificate.
- Engaging in the practice of nursing or performing the
services of a nursing assistant without a license or
certificate issued pursuant to the provisions of this
chapter and chapter 632 of NRS.
- Displaying a license, certificate, diploma or permit, or
a copy of a license, certificate, diploma or permit,
which has been fraudulently purchased, issued,
counterfeited, or materially altered.
- Engaging in any other unprofessional conduct with a
patient or client that the board determines is outside
the professional boundaries generally considered
acceptable in the profession.
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