A. The board in the exercise of its disciplinary authority has adopted the following meaning for the following terms. Aiding and Abetting- to intentionally assist anyone by condoning, or to apply positive or negative force to assist anyone in violating the Nurse Practice Act or the rules and regulations of the board.
Deny- to refuse for cause.
Habit- a mode of behavior which an individual acquires over a period of time.
Limit- to confine within certain bounds.
Mentally Incompetent- a court judgment of legal insanity or incompetence or a medical diagnosis indicating insanity or incompetence.
Moral Turpitude- an act which is dishonest, or contrary to good morals.
Negligence- a breach of duty of care owed to a party.
Other Causes-includes, but is not limited to:
a. failure to practice nursing in accordance with the legal standards of nursing practice;b. possessing a physical impairment or mental impairment which interferes with the judgment, skills or abilities required for the practice of nursing;c. failure to utilize appropriate judgment;d. failure to exercise technical competence in carrying out nursing care;e. violating the confidentiality of information or knowledge concerning the patient;f. performing procedures beyond the authorized scope of nursing or any specialty thereof;g. performing duties and assuming responsibilities within the scope of the definition of nursing practice when competency has not been achieved or maintained, or where competency has not been achieved or maintained in a particular specialty;h. improper use of drugs, medical supplies or equipment, patient's records, or other items;i. misappropriating items of an individual, agency, or entity;k. failure to act, or negligently or willfully committing any act that adversely affects the physical or psychosocial welfare of the patient, including but not limited to, failing to practice in accordance with the Federal Centers for Disease Control recommendations for preventing transmission of Human Immunodeficiency Virus (HIV), Hepatitis B Virus (HBV), and Hepatitis C Virus (HCV);l. delegating or assigning nursing care, functions, tasks, or responsibilities to others contrary to regulations;m. leaving a nursing assignment without properly notifying appropriate personnel;n. failing to report, through the proper channels, facts known regarding the incompetent, unethical, illegal practice or suspected impairment due to/from controlled or mood altering drugs; alcohol; or a mental or physical condition of any healthcare provider.p. has violated a rule adopted by the board, an order of the board, or a state or federal law relating to the practice of professional nursing, or a state or federal narcotics or controlled substance law;q. inappropriate, incomplete or improper documentation;r. use of or being under the influence of alcoholic beverages, illegal drugs or drugs which impair judgment while on duty, to include making application for employment;s. failure to cooperate with the board by: i. not furnishing in writing a full and complete explanation covering a matter requested by the board; orii. not providing information, documents/records, reports, evidence or any other requested items within the designated time period to the board office as requested by the board/board staff;iii. not responding to subpoenas issued by the board in connection with any investigation or hearing;iv. not completing evaluations required by the board;t. exceeds professional boundaries, including but not limited to sexual misconduct; andu. use of any advertisement or solicitation which is false, misleading, or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed.v. attempted to or obtained a license (including renewals), permit or permission to practice as a registered nurse, nurse applicant, or student nurse by fraud, perjury, deceit or misrepresentation;w. false statement on application;x. failure to comply with an agreement with the board.Probate- to stay a sentence of licensure suspension during good behavior and placing under supervision of board staff for a period of time. License is marked "probated" and specific requirements are identified.
Professional Boundaries- the limits of the professional relationship that allow for a safe therapeutic connection between the professional and the client.
Reasonable Skill and Safety- practicing nursing in accordance with the Legal Standards of Nursing Practice.
Reprimand- written communication to the individual stating the board's concerns, and public notification of the individual's name and reason for the reprimand.
Restrict- to limit or restrain nursing practice by settings, types of clients, hours, or other means.
Revoke-to annul or make void by calling back. A person who is licensed as a registered nurse, an advanced practice registered nurse, or both, and whose license or licenses are revoked, but not declared "permanently revoked," loses his/her license(s) to practice registered nursing, advanced practice registered nursing or both is no longer a registered nurses, advanced practice registered nurse, or both, but may apply for reinstatement for five years from the date the boards revocation order became a final judgement. A person whose license or licenses are revoked permanently or are declared permanently revoked, however, never again shall be allowed to practice registered nursing in Louisiana, and an application for reinstatement shall not be considered.
Sexual Misconduct-an extreme boundary violation which involves the use of power, influence and/or knowledge inherent in one's profession in order to obtain sexual gratification, romantic partners and/or sexual deviant outlets. Any behavior toward a patient by a nurse that is seductive, sexually demeaning, harassing or sexually inappropriate is a violation of the nurse's fiduciary responsibility to the patient.
Suspend-to hold license to practice as a registered nurse, an advanced practice register nurse, or both, in abeyance for a definite period of time. A suspension shall not exceed a maximum term or time period of three years. A suspended registered nurse or advanced practice registered nurse remains a registered nurse, an advanced practice registered nurse, or both, during the period of suspension and retains a license to practice. But cannot practice, and shall not practice, registered nursing, advanced practice registered nursing, or both, during the term of suspension.
Unfit or Incompetent-unsuitable.
La. Admin. Code tit. 46, § XLVII-3405
Promulgated by the Department of Health and Human Resources, Board of Nursing, LR 7:74 (March 1981), amended by the Department of Health and Hospitals, Board of Nursing, LR 19:1145 (September 1993), LR 21:271 (March 1995), LR 24:1293 (July 1998), LR 31:1585 (July 2005), LR 35:1535 (August 2009), LR 36:2278 (October 2010), Amended by the Department of Health, Board of Nursing, LR 431379 (7/1/2017), Amended by the Department of Health, Board of Nursing, LR 45248 (2/1/2019).AUTHORITY NOTE: Promulgated in accordance with R.S. 37:918(K), R.S. 37:921, and R.S. 37:1744-1747.