Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVII - Nurses: Practical Nurses and Registered Nurses › Subpart 2 - Registered Nurses › Chapter 34 - Disciplinary Proceedings: Alternative to Disciplinary Proceedings › Section XLVII-3405 - Definition of Terms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board in the exercise of its disciplinary authority has adopted the following
				  meaning for the following terms.
Aiding and Abetting
- to intentionally
					 assist anyone by condoning, or to apply positive or negative force to assist
					 anyone in violating the Nurse Practice Act or the rules and regulations of the
					 board.
Deny
- to refuse for cause.
Habit
- a mode of behavior which an
					 individual acquires over a period of time.
Limit
- to confine within certain
					 bounds.
Mentally Incompetent
- a court judgment of
					 legal insanity or incompetence or a medical diagnosis indicating insanity or
					 incompetence.
Moral Turpitude
- an act which is
					 dishonest, or contrary to good morals.
Negligence
- a breach of duty of care owed
					 to a party.
Other Causes
-includes, but is not limited
					 to:
a. failure to practice nursing in
				  accordance with the legal standards of nursing practice;
b. possessing a physical impairment or mental
				  impairment which interferes with the judgment, skills or abilities required for
				  the practice of nursing;
c. failure
				  to utilize appropriate judgment;
d.
				  failure to exercise technical competence in carrying out nursing
				  care;
e. violating the
				  confidentiality of information or knowledge concerning the patient;
f. performing procedures beyond the
				  authorized scope of nursing or any specialty thereof;
g. performing duties and assuming
				  responsibilities within the scope of the definition of nursing practice when
				  competency has not been achieved or maintained, or where competency has not
				  been achieved or maintained in a particular specialty;
h. improper use of drugs, medical supplies or
				  equipment, patient's records, or other items;
i. misappropriating items of an individual,
				  agency, or entity;
j. falsifying
				  records;
k. failure to act, or
				  negligently or willfully committing any act that adversely affects the physical
				  or psychosocial welfare of the patient, including but not limited to, failing
				  to practice in accordance with the Federal Centers for Disease Control
				  recommendations for preventing transmission of Human Immunodeficiency Virus
				  (HIV), Hepatitis B Virus (HBV), and Hepatitis C Virus (HCV);
l. delegating or assigning nursing care,
				  functions, tasks, or responsibilities to others contrary to
				  regulations;
m. leaving a nursing
				  assignment without properly notifying appropriate personnel;
n. failing to report, through the proper
				  channels, facts known regarding the incompetent, unethical, illegal practice or
				  suspected impairment due to/from controlled or mood altering drugs; alcohol; or
				  a mental or physical condition of any healthcare provider.
o. Repealed.
p. has violated a rule adopted by the board,
				  an order of the board, or a state or federal law relating to the practice of
				  professional nursing, or a state or federal narcotics or controlled substance
				  law;
q. inappropriate, incomplete
				  or improper documentation;
r. use
				  of or being under the influence of alcoholic beverages, illegal drugs or drugs
				  which impair judgment while on duty, to include making application for
				  employment;
s. failure to cooperate
				  with the board by:
i. not furnishing in
				  writing a full and complete explanation covering a matter requested by the
				  board; or
ii. not providing
				  information, documents/records, reports, evidence or any other requested items
				  within the designated time period to the board office as requested by the
				  board/board staff;
iii. not
				  responding to subpoenas issued by the board in connection with any
				  investigation or hearing;
iv. not
				  completing evaluations required by the board;
t. exceeds professional boundaries, including
				  but not limited to sexual misconduct; and
u. use of any advertisement or solicitation
				  which is false, misleading, or deceptive to the general public or persons to
				  whom the advertisement or solicitation is primarily directed.
v. attempted to or obtained a license
				  (including renewals), permit or permission to practice as a registered nurse,
				  nurse applicant, or student nurse by fraud, perjury, deceit or
				  misrepresentation;
w. false
				  statement on application;
x.
				  failure to comply with an agreement with the board.