NAC632.890. Unprofessional conduct.

The Board will consider the following acts, among others, by a licensee or holder of a certificate as unprofessional conduct:

     1. Discriminating on the basis of race, religious creed, color, national origin, age, disability, ancestry, sexual orientation or sex in the rendering of nursing services.

     2. Performing acts beyond the scope of the practice of nursing.

     3. Assuming duties and responsibilities within the practice of nursing without adequate training.

     4. Assuming duties and responsibilities within the practice of nursing if competency is not maintained or the standards of competence are not satisfied, or both.

     5. Disclosing the contents of the examination for licensure or certification, or soliciting, accepting or compiling information regarding the contents of the examination before, during or after its administration.

     6. Assigning or delegating functions, tasks or responsibilities of licensed or certified persons to unqualified persons.

     7. Failing to supervise a person to whom functions of nursing are delegated or assigned, if responsible for supervising that person.

     8. Failing to safeguard a patient from the incompetent, abusive or illegal practice of any person.

     9. Practicing nursing while, with or without good cause, his or her physical, mental or emotional condition impairs his or her ability to act in a manner consistent with established or customary nursing standards, or both.

     10. Practicing nursing, if any amount of alcohol or a controlled substance or dangerous drug that is not legally prescribed is present in the body of the nurse, nursing assistant or medication aide - certified as determined by a test of the blood, saliva, breath, hair or urine of the nurse, nursing assistant or medication aide - certified given while the nurse, nursing assistant or medication aide - certified is on duty.

     11. Having present in the body of the nurse, nursing assistant or medication aide - certified alcohol or a controlled substance or dangerous drug that is not legally prescribed during a test of the blood, saliva, breath, hair or urine of the nurse, nursing assistant or medication aide - certified given as a condition of employment.

     12. Failing to respect and maintain a patient’s right to privacy.

     13. Violating a patient’s confidentiality.

     14. Performing or offering to perform the functions of a licensee or holder of a certificate by false representation or under a false or an assumed name.

     15. Failing to report the gross negligence of a licensee or holder of a certificate in the performance of his or her duties or a violation of the provisions of this chapter or chapter 632 of NRS.

     16. Failing to document properly the administration of a controlled substance, including, but not limited to:

     (a) Failing to document the administration of a controlled substance on the Controlled Substance Administration Record, the patient’s Medication Administration Record and the Nursing Progress Notes, including the patient’s response to the medication;

     (b) Documenting as wastage a controlled substance and taking that controlled substance for personal or other use;

     (c) Failing to document the wastage of a controlled substance that was not legally administered to a patient;

     (d) Soliciting the signature on any record of a person as a witness to the wastage of a controlled substance when that person did not witness the wastage; or

     (e) Signing any record as a witness attesting to the wastage of a controlled substance which he or she did not actually witness.

     17. Soliciting services or soliciting or borrowing money, materials or other property, or any combination thereof, from a:

     (a) Patient;

     (b) Family member of a patient;

     (c) Person with significant personal ties to a patient, whether or not related by blood; or

     (d) Legal representative of a patient.

     18. Diverting supplies, equipment or drugs for personal or unauthorized use.

     19. Aiding, abetting or assisting any person in performing any acts prohibited by law.

     20. Inaccurate recording, falsifying or otherwise altering or destroying records.

     21. Obtaining, possessing, furnishing or administering prescription drugs to any person, including himself or herself, except as directed by a person authorized by law to prescribe drugs.

     22. Leaving an assignment without properly notifying the appropriate personnel or abandoning a patient in need of care.

     23. Exploiting a patient for financial gain or offering, giving, soliciting or receiving fees or gifts for the referral of a:

     (a) Patient;

     (b) Family member of a patient;

     (c) Person with significant personal ties to a patient, whether or not related by blood; or

     (d) Legal representative of a patient.

     24. Failing to collaborate with other members of a health care team as necessary to meet the health needs of a patient.

     25. Failing to observe the conditions, signs and symptoms of a patient, to record the information or to report significant changes to the appropriate persons.

     26. Failing to abide by any state or federal statute or regulation relating to the practice of nursing.

     27. Failing to perform nursing functions in a manner consistent with established or customary standards.

     28. Causing a patient or the family of the patient physical, mental or emotional harm by taking direct or indirect actions or failing to take appropriate actions.

     29. Engaging in sexual contact with a patient or client.

     30. Failing as a chief nurse to:

     (a) Institute standards of nursing practice so that safe and effective nursing care is provided to patients;

     (b) Institute standards of competent organizational management and management of human resources so that safe and effective nursing care is provided to patients; or

     (c) Create a safe and effective environment, including the failure to assess the knowledge, skills and ability of a licensee or holder of a certificate and determine his or her competence to carry out the requirements of his or her job.

     31. Failing to report the unauthorized practice of nursing.

     32. Endangering the safety of the general public, patients, clients or coworkers by making actual or implied threats of violence or carrying out an act of violence.

     33. Abusing a patient.

     34. Neglecting a patient.

     35. Misappropriating the property of a patient.

     36. Failing to comply with a condition, limitation or restriction which has been placed on his or her license or certificate.

     37. Engaging in the practice of nursing or performing the services of a nursing assistant or medication aide - certified without a license or certificate issued pursuant to the provisions of this chapter and chapter 632 of NRS.

     38. Displaying a license, certificate, diploma or permit, or a copy of a license, certificate, diploma or permit, which has been fraudulently purchased, issued, counterfeited or materially altered.

     39. Engaging in a pattern of conduct that demonstrates failure to exercise the knowledge, skills, and abilities using the methods ordinarily exercised by a reasonable and prudent nurse to protect the public.

     40. Committing an error in the administration or delivery of medication to a patient.

     41. Failing to cooperate with an investigation conducted by the Board.

     42. Engaging in any other unprofessional conduct with a patient or client that the Board determines is outside the professional boundaries generally considered acceptable in the profession, including, without limitation, a violation of the guidelines of the American Nurses Association or the National Council of State Boards of Nursing concerning the appropriate use of social media.

     (Added to NAC by Bd. of Nursing, eff. 8-5-86; A 6-30-88; 2-6-90; 11-19-93; 5-18-94; 5-9-96; R029-97, 1-26-98; R081-06, 6-28-2006; R196-07, 4-17-2008; R063-08, 9-18-2008; R112-11, 2-15-2012)