West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-03 - Requirements for Registration and Licensure and Conduct Constituting Professional Misconduct › Section 19-3-12 - Professional Misconduct

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Conduct, including, but not limited to the following, if proven by a
				preponderance of evidence, constitutes professional misconduct subject to
				disciplinary action pursuant to W. Va. Code §
									30-7-11(a)(6).
				The applicant or licensee:
12.1.a. Failed to
				adhere to common and current standards for professional nursing practice,
				including but not limited to standards established by a national professional
				nursing organization, nursing research, nursing education, or the
				board;
12.1.b. Failed to adhere to
				established standards in the practice setting to safeguard patient
				care;
12.1.c. Knowingly committed
				an act which could adversely affect the physical or psychological welfare of a
				patient;
12.1.d. Abandoned patients
				by terminating responsibility for nursing care, intervention, or observation
				without properly notifying appropriate personnel and ensuring the safety of
				patients;
12.1.e. Practiced or
				offered to practice beyond the scope permitted by law or accepted and performed
				professional responsibilities that the licensee knows or has reason to know
				that he or she is not licensed, qualified, or competent to perform;
12.1.f. Impersonated another licensed
				practitioner;
12.1.g. Permitted
				another person to use the licensee's license for any purpose;
12.1.h. Permitted, aided, or abetted an
				unlicensed, uncertified, or unregistered person to perform activities requiring
				a license, certificate, or registration;
12.1.i. Delegated professional
				responsibilities to a person when the licensee delegating the responsibilities
				knows or has reason to know that person is not qualified by training,
				experience or licensure to perform them;
12.1.j. Practiced registered professional
				nursing while his or her license is suspended, lapsed, or inactive;
12.1.k. Failed to comply with terms and
				conditions as may be imposed by the board based upon previous disciplinary
				action of the board;
12.1.l.
				Practiced professional nursing while the ability to safely and effectively
				practice is compromised by alcohol or drugs;
12.1.m. Is addicted to a controlled
				substance;
12.1.n. Is a chronic or
				persistent alcoholic;
12.1.o.
				Engaged in dishonorable, unethical or unprofessional conduct of a character
				likely to deceive, defraud or harm the public or any member of the public;
				thus, not exercising good professional character;
12.1.p. Practiced professional nursing while
				the ability to safely and effectively practice was compromised by physical or
				mental disability;
12.1.q. Refused
				or failed to report for a physical or mental examination, including but not
				limited to laboratory or other tests, requested by the board;
12.1.r. Provided false or incorrect
				information to an employer or potential employer regarding the status of a
				license, or failed to inform an employer or potential employer of a change in
				the status of a license;
12.1.s.
				Knowingly falsified an application for employment;
12.1.t. Knowingly provided false information
				regarding completion of educational programs;
12.1.u. Falsified patient records,
				intentionally charted incorrectly;
12.1.v. Improperly, incompletely, or
				illegibly documented the delivery of nursing care, including but not limited to
				treatment or medication;
12.1.w.
				Knowingly made or filed a false report;
12.1.x. Knowingly or negligently failed to
				file a report or record required by state or federal law;
12.1.y. Willfully impeded or obstructed the
				filing of a report or record required by state or federal law;
12.1.z. Induced another person to file a
				false report or obstructed the filing of a report required by state or federal
				law;
12.1.aa. Failed to report to
				the board within 30 days, knowledge of a violation by a registered professional
				nurse of W. Va. Code §§
										30-7-1 et seq.,
				30-15-1 et seq., this rule, any
				other applicable state law or rule or any applicable federal law or
				regulation;
12.1.bb. Failed to
				report through proper channels a violation of any applicable state law or rule,
				any applicable federal law or regulation or the incompetent, unethical,
				illegal, or impaired practice of another person who provided health
				care
12.1.cc. Impeded or obstructed
				an investigation by the board by failing to comply or respond to requests for
				action or information, whether the failure was known or negligent;
12.1.dd. Violated any provision of W. Va.
				Code §
										30-7-1 et seq., or rules governing
				the practice of registered professional nursing, or a rule or order of the
				board, or failed to comply with a subpoena or subpoena duces tecum issued by
				the board;
12.1.ee. Failed to
				register or notify the board of any changes of name or mailing
				address;
12.1.ff. Failed to accept
				certified mail from the board, when mailed to the licensee's last address on
				record in the board's office;
12.1.gg. Failed to disclose to the board a
				criminal conviction in any jurisdiction;
12.1.hh. Was convicted of a misdemeanor with
				substantial relationship to the practice of registered professional nursing, in
				a court of competent jurisdiction.
12.1.ii. Failed to disclose information when
				required by the board concerning treatment or counseling for substance abuse,
				or participation in any professional peer assistance program;
12.1.jj. Provided false information on any
				application, or any other document submitted to the board for the purpose of
				licensure, advance practice recognition, or prescriptive authority;
12.1.kk. Misappropriated medications,
				supplies, or personal items of a patient or employer;
12.1.ll. Self-administered or otherwise took
				into his or her body any prescription drug in any way not in accordance with a
				legal, valid prescription or used any illicit drug;
12.1.mm. Prescribed, dispensed, administered,
				mixed or otherwise prepared a prescription drug, including any controlled
				substance under state or federal law, not in accordance with accepted nursing
				practice standards or not in accordance with the board's rule Limited
				Prescriptive Authority For Nurses in Advanced Practice, §19 CSR
				8;
12.1.nn. Physically or verbally
				abused, or failed to provide adequate protection or safety for an incapacitated
				individual in the context of a nurse-patient/client relationship;
12.1.oo. Used the nurse-patient/client
				relationship to exploit a patient or client;
12.1.pp. Engaged a patient or client in
				sexual activity or became romantically involved with a patient or client while
				still responsible for the care of that patient or client;
12.1.qq. Failed to maintain appropriate
				professional boundaries in the nurse-patient/client relationship;
12.1.rr. Failed to report that his or her
				license to practice registered professional nursing in any other state,
				territory, jurisdiction or foreign nation was revoked, suspended, restricted or
				limited, or otherwise acted against, that he or she was subjected to any other
				disciplinary action by the licensing authority, or that he or she was denied
				licensure in any other state, territory, jurisdiction, or foreign
				nation;
12.1.ss. Violated the
				confidentiality of information or knowledge concerning a patient;
12.1.tt. Practiced registered professional
				nursing by way of telecommunications or otherwise, in any other state,
				territory, jurisdiction, or foreign nation, without a license to do so and not
				in accordance with the law of that state, territory jurisdiction, or foreign
				nation; or
12.1.uu. Was found
				guilty for improper professional practice or professional misconduct by a duly
				authorized professional disciplinary agency or licensing or certifying body or
				board in this or another state or territory, where the conduct upon which the
				finding was based would, if committed in this state, constitute professional
				misconduct under the laws of this state, may serve as a basis for disciplinary
				action by this board.