Nevada Administrative Code › Chapter 632 - Nursing › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 632.895 - Interpretations for purposes of disciplinary action

Current through June 11, 2024
For the purposes of disciplinary action on the following
				grounds, the following interpretations apply:
1. An offense involving moral turpitude
			 includes an act of dishonesty, baseness, vileness or depravity in the private
			 or social duties which a person owes to another person or to society contrary
			 to the accepted and customary rule of right and duty between human
			 beings.
2. Gross negligence in
			 carrying out usual nursing functions includes a departure from established and
			 customary standards of care which would have been exercised by a licensed nurse
			 or an act or omission where there is a legal duty to act or to refrain from
			 acting. An exercise of so slight a degree of care as to justify the belief that
			 there was a conscious or overt disregard or indifference for the health,
			 safety, well-being or welfare of the public is considered a substantial
			 departure from the accepted standard of care.
3. Habitual intemperance or addiction to the
			 use of any controlled substance includes the use of those substances to the
			 extent that the person's judgment, skills or ability to provide safe and
			 competent nursing care are impaired, that the person is unable to care for
			 himself or herself, his or her property or the members of his or her family, or
			 that it is medically determined that the person is in need of medical or
			 psychiatric care, treatment, rehabilitation or counseling.
4. Unfitness to practice nursing or mental
			 incompetence includes an order of a court adjudging that a person is mentally
			 incompetent, an evaluation by a qualified professional person indicating that
			 he or she is mentally or physically incapable of engaging in professional or
			 practical nursing in a manner consistent with sound care of patients, or an
			 uncorrected physical defect that precludes him or her from safely performing
			 nursing functions.
5. An offense
			 involving abuse or neglect includes an act by a licensee or holder of a
			 certificate that constitutes the failure to provide such service, care or
			 supervision as is reasonable and necessary to maintain the health or safety of
			 a patient if:
(a) The act or omission is
			 intentional, reckless or grossly negligent;
(b) The act or omission is such a departure
			 from what would be the conduct of an ordinarily prudent, careful person under
			 the same circumstances that it is contrary to a proper regard for danger to
			 human life or constitutes indifference to the resulting consequences;
(c) The consequences of the act or omission
			 could have been reasonably foreseen; and
(d) The danger to human life was not the
			 result of:
(1) The failure to attend to a duty
			 under circumstances that require the attention of the licensee or holder of a
			 certificate;
(2) A mischance,
			 accident or casualty caused by the licensee or holder of a certificate upon a
			 person without an intent to harm or hurt the person but which results in injury
			 to or the death of the person; or
(3) An unintentional act, omission or error
			 in judgment by the licensee or holder of a certificate, but was the natural and
			 probable result of the act or omission.