North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0217 - INVESTIGATIONS; DISCIPLINARY HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Behaviors and activities that may result in disciplinary action by the Board
				shall include the following:
(1) drug or
				alcohol abuse or use of any substance or other agents while on duty or on call
				to the extent that such use impairs the nurse's ability to practice
				nursing;
(2) testing positive on a
				drug screen for a non-prescribed drug or illicit substance;
(3) illegally obtaining, possessing, or
				distributing drugs or alcohol for personal or other use or other violations of
				the North Carolina Controlled Substances Act,
				G.S.
				90-86 et seq.;
(4) conviction of any crime that bears on a
				licensee's fitness to practice nursing;
(5) failure to make client information
				available to another health care professional;
(6) practicing or offering to practice beyond
				the scope permitted by law;
(7)
				accepting and performing professional responsibilities that the licensee knows
				or has reason to know that he or she is not competent to perform;
(8) performing, without supervision,
				professional services that the licensee is authorized to perform only under the
				supervision of a licensed professional;
(9) abandoning an assigned client without
				making arrangements for the continuation of equivalent nursing care;
(10) neglecting a client in need of nursing
				care;
(11) threatening, harassing,
				abusing, or intimidating a client;
(12) failing to maintain an accurate record
				of all pertinent health care information as defined in Rule .0224(f)(2) or
				.0225(f)(2) for each client;
(13)
				failing to exercise supervision over individuals who are authorized to practice
				only under the supervision of the licensed professional;
(14) exercising influence on the client for
				the financial or personal gain of the licensee;
(15) directly or indirectly offering, giving,
				soliciting, or receiving or agreeing to receive any fee or other consideration
				to or from a third party for the referral of a client, or other violations of
				G.S.
				90-401;
(16) failing to file a report, or filing a
				false report, required by law or by the Board or impeding or obstructing such
				filing or inducing another person to do so;
(17) obtaining, accessing, or revealing
				healthcare information from a client record or other source, except as required
				by professional duties or authorized by law;
(18) presenting false or fraudulent licensure
				information for any purpose;
(19)
				assigning or delegating professional responsibilities to a person if the
				licensee assigning or delegating these responsibilities knows or has reason to
				know that such individual is not qualified by training, experience, or
				licensure;
(20) assigning or
				delegating responsibilities to an individual if the licensee assigning or
				delegating knows or has reason to know that the competency of that individual
				is impaired by sleep deprivation, physical or psychological conditions, or
				alcohol or other agents, prescribed or not;
(21) accepting responsibility for client care
				while impaired by sleep deprivation, physical or psychological conditions, or
				by alcohol or other agents, prescribed or not;
(22) falsifying a client's record or the
				controlled substance records;
(23)
				violating boundaries of a professional relationship such as physical, sexual,
				emotional, or financial exploitation of a client or a client's family member or
				caregiver. Financial exploitation shall include accepting or soliciting money,
				gifts, or the equivalent during the professional relationship;
(24) misappropriating, in connection with the
				practice of nursing, anything of value or benefit, including any real or
				personal property of the client, employer, or any other individual or entity,
				or failing to take precautions to prevent such misappropriation. Failure to
				take precautions to prevent misappropriations shall include failing to secure
				anything of value or benefit, such as medication or property, of the client,
				employer, or any other individual or entity; or
(25) violating any term of probation,
				condition, or limitation imposed on the licensee by the Board.