Section 1000-01-.08 - UNPROFESSIONAL CONDUCT AND UNFITNESS OR INCOMPETENCE BY REASON OF NEGLIGENCE, HABITS OR OTHER CAUSE(1) Unprofessional conduct and unfitness or incompetency by reasons of negligence, habits or other cause, as those terms are used in the statute includes, but is not limited to, the following:(a) Intentionally or negligently causing or attempting to cause physical or emotional injury to a patient;(b) Failure to maintain a record for each patient which accurately reflects the nursing problems and interventions for the patient and/or failure to maintain a record for each patient which accurately reflects the name and title of the nurse providing care;(c) Abandoning or neglecting a patient requiring nursing care;(d) Making false or materially incorrect, inconsistent or unintelligible entries in any patient records or in the records of any health care facility, school, institution or other work place location pertaining to the obtaining, possessing or administration of any controlled substance as defined in the Federal Controlled Substances Act;(e) Unauthorized use or removal of narcotics, drugs, supplies, or equipment from any health care facility, school, institution or other workplace location;(f) The use of any intoxicating beverage or the illegal use of any narcotic or dangerous drug while on call or on duty in any health care facility, school, institution, or other workplace location;(g) Being under the influence of alcoholic beverages, or under the influence of drugs which impair judgment while on call or on duty in any health care facility, school, institution or other workplace location;(h) Impersonating another licensed practitioner;(i) Permitting or allowing another person to use his or her license for the purpose of nursing the sick or afflicted for compensation;(j) Imposition of revocation, suspension, summary or emergency suspension, probation, reprimand, denial, conditions or limitations upon, or any other discipline of a license or multistate privilege to practice nursing by another state or territory of the United States for any act or omission which would constitute grounds for discipline of a license or multistate privilege in this state;(k) Practicing nursing in this state on a lapsed (state) license or without an active license;(l) Assigning unqualified persons to perform functions of licensed persons or delegating nursing care functions and tasks and/or responsibilities to others contrary to the Nurse Practice Act or rules and regulations, to the detriment of patient safety;(m) Failing to supervise persons to whom nursing functions are delegated or assigned;(n) Violating or aiding, abetting, assisting or hiring an individual to violate or circumvent any law or duly promulgated rule intended to guide the conduct of a nurse or any other licensed health care provider;(o) Exercising undue influence on the patient, including the promotion of sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for financial gain of the nurse or of a third party;(p) Discriminating in the rendering of nursing services as it relates to marital status, race, age, gender, sexual preference, diagnosis, socioeconomic status, religion, national origin, or the condition/disability of the patient;(q) Violating confidentiality of information or knowledge concerning the patient, except when required to do so by a court of law;(r) Failing to take appropriate action in safeguarding the patient from incompetent health care practices;(s) Failing to report to the appropriate licensure board facts known to the individual regarding incompetent, unethical or illegal practice of any health care provider;(t) Over-prescribing, or prescribing in a manner inconsistent with Rules 1000-04-.07 and 1000-04-.08 or with the applicable standard of care;(u) Practicing nursing in a manner inconsistent with T.C.A. § 63-7-103, T.C.A § 63-7-108, or T.C.A. § 63-7-126, as applicable;(v) Performing nursing techniques or procedures without proper education and practice;(w) Engaging in acts of dishonesty which relate to the practice of nursing;(x) Having a positive drug screen without a valid prescription;(y) Giving someone your code or key to a medication dispensing system;(z) Prescribing, dispensing, or diagnosing without having a collaborating physician;(aa) Surrender or revocation of a DEA registration certificate;(bb) Making a materially false, fictitious, or fraudulent statement or representation in connection with the investigation of a violation of T.C.A. § 63-7-115;(cc) Violating the professional boundaries of the nurse/patient relationship including but not limited to physical, sexual, emotional or financial exploitation of the patient or the patient's significant other(s);(dd) Engaging in sexual conduct with a patient, touching a patient in a sexual manner, requesting or offering sexual favors, or language or behavior suggestive of the same;(ee) Carelessly or repeatedly failing to conform to generally accepted nursing standards in applicable practice settings;(ff) Except in emergencies, prescribing controlled substances for oneself, immediate family members, or friends.Tenn. Comp. R. & Regs. 1000-01-.08
Original rule certified May 10, 1974. Repeal and new rules filed July 10, 2024; effective 10/8/2024.Authority: T.C.A. §§ 63-7-101, 63-7-103, 63-7-108, 63-7-115, 63-7-123, 63-7-126, and 63-7-207.