Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 4 - DISCIPLINARY ACTION AND VIOLATIONS OF LAW › Section 380-4-3 - Definition of Unprofessional Conduct

Current through 2024-29, July 17, 2024
Nursing behavior which fails to conform to legal standards
				  and accepted standards of the nursing profession, and which could reflect
				  adversely on the health and welfare of the public shall constitute
				  unprofessional conduct and shall include, but not be limited to, the
				  following:
A. Performing acts beyond
				the authorized scope of the level of nursing for which the individual is
				license;
B. Assuming duties and
				responsibilities within the practice of nursing without adequate preparation or
				when competency has not been maintained;
C. Performing new nursing techniques or
				procedures without proper education and practice;
D. Assigning unqualified persons to perform
				functions of licensed nurses or delegating nursing care or nursing
				responsibilities to others contrary to the Law Regulating The Practice of
				Nursing (32, MRSA, Chapter 31) and the Rules and Regulations of the Board of
				Nursing and/or to the detriment of patient safety;
E. Failing to supervise persons to whom
				nursing functions have been delegated;
F. Failing to take appropriate action or to
				follow policies and procedures in the practice situation designed to safeguard
				the patient;
G.
Abandoning or
				neglecting a patient requiring nursing care
Abandonment of a patient is the termination of the
				  nurse/patient relationship without the patient's consent or without first
				  making arrangements for continuation of required nursing care by others.
				  Reasonable notification or request for alternative care of a patient to an
				  attending physician or to a staff supervisor prior to termination of the
				  relationship is sufficient to permit such termination. Further, refusal to
				  accept an employment assignment or refusal to accept a nurse/patient
				  relationship is not considered abandonment. The nurse/patient relationship
				  begins when responsibility for nursing care of a patient is accepted by the
				  nurse.
H. Intentionally or
				negligently causing physical or emotional injury to a patient;
I. Failing to safeguard the patient's dignity
				and right to privacy in providing services regardless of race, color, creed and
				status;
J. Violating the
				confidentiality of information or knowledge concerning the patient;
K. Inaccurate recording, falsifying or
				altering a patient or health care provider record;
L. Exercising undue influence on the patient
				including the promotion or sale of services, goods, appliances or drugs in such
				a manner as to exploit the patient for financial gain of the nurse or of a
				third party;
M. Aiding, abetting or
				assisting an individual to violate or circumvent any law or duly promulgated
				rule and regulation intended to guide the conduct of a nurse or other health
				care provider;
N. Practicing
				nursing when unfit to perform procedures and make decisions in accordance with
				the license held because of physical, psychological or mentalim
				pediment;
O. Practicing nursing
				when physical or mental ability to practice is impaired by alcoholor
				drugs;
P. Diverting drugs, supplies
				or property of patients or health care provider;
Q. Possessing, obtaining, furnishing or
				administering prescription drugs to any person, including self, except as
				directed by a person authorized by law to prescribe drugs;
R. Allowing another person to use one's
				nursing license or authorization for practice for any person;
S. Impersonating another licensed
				practitioner;
T. Impersonating any
				applicant, or acting as proxy for the applicant, in any nurse licensure
				examination.
U. Engaging in
				behavior that exceeds professional boundaries including, but not limited to,
				sexual misconduct.