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 19-13 - Dialysis Technicians › Section 19-13-16 - Discipline of a Dialysis Technician

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Conduct, including, but not limited to
				the following, if proven by a preponderance of evidence, constitutes
				professional misconduct and the applicant or dialysis technician is subject to
				disciplinary action pursuant to W. Va. Code §
									30-7C-10(c).
				The applicant or dialysis technician:
16.1.a.
				failed to adhere to common and current standards for dialysis care, including
				but not limited to standards established by national professional
				organizations, dialysis research, dialysis education, or the board;
16.1.b. failed to adhere to established
				standards in the practice setting to safeguard patient care;
16.1.c. knowingly committed an act which
				could adversely affect the physical or psychological welfare of a
				patient;
16.1.d. abandoned patients
				by terminating responsibility for nursing care, intervention, or observation
				without properly notifying appropriate personnel and ensuring the safety of
				patients;
16.1.e. practiced or
				offered to practice beyond the scope permitted by law or accepted and performed
				professional responsibilities that the dialysis technician knows or has reason
				to know that he or she is not certified, qualified, or competent to
				perform;
16.1.f. impersonated
				another certified dialysis technician;
16.1.g. permitted another person to use the
				dialysis technician's certification for any purpose;
16.1.h. permitted, aided, or abetted an
				unlicensed, uncertified, or unregistered person to perform activities requiring
				a license, certificate, or registration;
16.1.i. delegated or assigned
				responsibilities to another person when the dialysis technician delegating the
				responsibilities knows or has reason to know that person is not qualified by
				training, experience or certification to perform them;
16.1.j. practiced as a dialysis technician
				while his or her certification is suspended, lapsed, or inactive;
16.1.k. failed to comply with terms and
				conditions imposed by the board based upon previous disciplinary action of the
				board;
16.1.l. practiced as a
				dialysis technician while the ability to safely and effectively practice is
				compromised by alcohol or drugs;
16.1.m. is addicted to a controlled
				substance;
16.1.n. is a chronic or
				persistent alcoholic;
16.1.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;
16.1.p. practiced as a
				dialysis technician while the ability to safely and effectively practice was
				compromised by physical or mental disability;
16.1.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;
16.1.r. provided false or incorrect
				information to an employer or potential employer regarding the status of
				certification, or failed to inform an employer or potential employer of a
				change in the status of a certification;
16.1.s. knowingly falsified an application
				for employment;
16.1.t. knowingly
				provided false information regarding completion of educational
				programs;
16.1.u. falsified patient
				records or intentionally charted incorrectly;
16.1.v. improperly, incompletely, or
				illegibly documented the delivery of care, including but not limited to
				treatment or medication;
16.1.w.
				knowingly made or filed a false report;
16.1.x. knowingly or negligently failed to
				file a report or record required by state or federal law;
16.1.y. willfully impeded or obstructed the
				filing of a report or record required by state or federal law;
16.1.z. induced another person to file a
				false report or obstructed the filing of a report required by state or federal
				law;
16.1.aa. failed to report to
				the board within thirty (30) days, knowledge of a violation by a dialysis
				technician of W. Va. Code §
										30-7C-1 et
				seq., this rule, any other applicable state law or rule or any applicable
				federal law or regulation;
16.1.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;
16.1.cc. impeded or
				obstructed an investigation by the board by failing to comply or respond to
				requests for action or information;
16.1.dd. violated any provision of W. Va.
				Code §
										30-7C-1 et
				seq., or rules governing the practice of the dialysis technician, or a rule or
				order of the board, or failed to comply with a subpoena or subpoena duces tecum
				issued by the board;
16.1.ee.
				failed to register or notify the board of any changes of name or mailing
				address;
16.1.ff. failed to accept
				certified mail from the board, when mailed to the dialysis technician's last
				address on record in the board's office;
16.1.gg. failed to disclose to the board a
				criminal conviction in any jurisdiction;
16.1.hh. was convicted of a misdemeanor or
				felony which involved fraud, deceit, a breach of trust, or physical harm or
				endangerment to others, or acts that bear directly on the qualifications or
				ability of the dialysis technician to practice dialysis care;.
16.1.ii. failed to disclose information when
				required by the board concerning treatment or counseling for substance abuse,
				or participation in any peer assistance program;
16.1.jj. provided false information on any
				application, or any other document submitted to the board;
16.1.kk. misappropriated medications,
				supplies, or personal items of a patient or employer;
16.1.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;
16.1.mm. is listed on the nurse aide abuse
				registry in this state or any other state, territory, jurisdiction or foreign
				nation;
16.1.nn. physically or
				verbally abused, or failed to provide adequate protection or safety for an
				incapacitated individual in the context of a dialysis technician-patient/client
				relationship;
16.1.oo. used the
				dialysis technician-patient/client relationship to exploit a patient or
				client;
16.1.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;
16.1.qq. failed to maintain
				appropriate professional boundaries in the dialysis technician-patient/client
				relationship;
16.1.rr. failed to
				report that his or her authority to practice as a dialysis technician 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 credentialing or certifying authority,
				or that he or she was denied certification or credentialing in any other state,
				territory, jurisdiction, or foreign nation;
16.1.ss. practiced as a dialysis technician
				by way of telecommunications or otherwise, in any other state, territory,
				jurisdiction, or foreign nation, without the authority from that state,
				territory, jurisdiction or foreign nation to do so and not in accordance with
				the law of that state, territory jurisdiction, or foreign nation; or
16.1.tt. was found guilty for improper
				professional practice or professional misconduct by a duly authorized
				professional disciplinary agency or licensing or certifying or credentialing
				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.