Current through September 24, 2024
(1) Unprofessional conduct, unfitness, or
incompetency by reasons of negligence, habits or other causes, as those terms
are used in the statute, is defined as, but not limited to, the following:
(a) Intentionally or negligently causing
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 work place location;
(f) The use of any intoxicating beverage or
the illegal use of any narcotic or dangerous drug while on duty in any health
care facility, school, institution, or other work place location;
(g) Being under the influence of alcoholic
beverages, or under the influence of drugs which impair judgment while on duty
in any health care facility, school, institution or other work place
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) Revocation, suspension, probation or
other discipline of a license to practice nursing by another state for any act
or omission which would constitute grounds for the revocation, suspension,
probation or other discipline of a license in this state;
(k) Practicing practical nursing in this
state on a lapsed (state) license or beyond the period of a valid temporary
permit;
(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) 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 race, age, sex, religion, national origin, or
the condition 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, through proper
channels, facts known to the individual regarding incompetent, unethical or
illegal practice of any health care provider;
(t) Practicing practical nursing in a manner
inconsistent with T.C.A. §
63-7-108.
(u) Performing nursing techniques or
procedures without proper education and practice;
(v) Engaging in acts of dishonesty which
relate to the practice of nursing.
(2) The Board of Nursing is concerned about
the number of individuals with criminal conviction histories who apply for
licensure as licensed practical nurses. The Board's concern stems from the fact
that nurses care for clients and families in a variety of settings where there
may be no direct supervision. Individuals to whom care is given are often
vulnerable, both physically and emotionally. The nurse has access to personal
information about the patient and/or his/her family, has access to the client's
property and provides intimate care to the client. The Board believes that
persons who receive nursing care in Tennessee should be able to have confidence
that an individual licensed by the Board does not have a history of
mistreatment, neglect, violence, cheating, defrauding the public, or otherwise
taking advantage of another person. The Board will presume that an applicant is
not entitled to licensure, and will therefore deny any application for initial
licensure, temporary permit, or renewal following the provisions of the
Administrative Procedures Act to a person who has been convicted, and on which
conviction the time for appeal has expired, as an adult of any of the following
crimes within five (5) years preceding said application or renewal:
(a) Aggravated Assault, as in T.C.A.
39-13-102;
(b) First Degree Murder,
as in T.C.A. 39-13-302;
(c) Second
Degree Murder, as in T.C.A. 39-13-207;
(d) Voluntary Manslaughter, as in T.C.A.
39-13-211;
(e) False Imprisonment,
as in T.C.A. 39-13-302;
(f)
Kidnapping, as in T.C.A. 39-13-303;
(g) Aggravated Kidnapping, as in T.C.A.
39-13-304;
(h) Especially
Aggravated Kidnapping, as in T.C.A. 39-13-305;
(i) Robbery, as in T.C.A.
39-13-401;
(j) Aggravated Robbery,
as in T.C.A. 39-13-402;
(k)
Especially Aggravated Robbery, as in T.C.A. 39-13-403;
(l) Aggravated Rape, as in T.C.A.
39-13-502;
(m) Rape, as in T.C.A.
39-13-505;
(n) Aggravated Sexual
Battery, as in T.C.A. 39-13-504;
(o) Sexual Battery, as in T.C.A.
39-13-505;
(p) Statutory Rape, as
in T.C.A. 39-15-506;
(q) Theft of
Property, as in T.C.A. 39-14-103 or of services, as in T.C.A. 39-14-104, except
as to a Class A misdemeanor, as in T.C.A. 39-14-105(1);
(r) Forgery, as in T.C.A.
39-14-114;
(s) Falsifying of
Education and Academic Records, as in T.C.A. 39-14-136;
(t) Arson, as in T.C.A. 39-14-301;
(u) Aggravated Arson, as in T.C.A.
39-14-302;
(v) Burglary, as in
T.C.A. 39-14-402;
(w) Aggravated
Burglary, as in T.C.A. 39-14-403;
(x) Especially Aggravated Burglary, as in
T.C.A. 39-14-404;
(y) Incest, as in
T.C.A. 39-15-302;
(z) Aggravated
Child Abuse, as in T.C.A. 39-15-402;
(aa) Sexual Exploitation of a Minor, as in
T.C.A. 39-17-1003;
(bb) Aggravated
Sexual Exploitation of a Minor, as in T.C.A. 39-17-1004;
(cc) Especially Aggravated Sexual
Exploitation of a Minor, as in T.C.A. 39-17-1005;
(dd) Assisted Suicide, as in T.C.A.
39-13-216;
(ee) Rape of a Child, as
in T.C.A. 39-13-522.
(3)
The Board of Nursing will also deny an application for initial licensure,
temporary permit, or renewal, following the provision of the Administrative
Procedures Act, to persons who were convicted as a juvenile of the following
crimes within five (5) years preceding said application or renewal:
(a) First Degree Murder, as in T.C.A.
39-13-202.
(b) Second Degree
Murder, as in T.C.A. 39-13-207.
(c)
Kidnapping, as in T.C.A. 39-13-303.
(d) Aggravated Kidnapping, as in T.C.A.
39-13-305.
(e) Especially
Aggravated Kidnapping, as in T.C.A. 39-13-305.
(f) Aggravated Robbery, as in T.C.A.
39-13-402.
(g) Especially
Aggravated Robbery, as in T.C.A. 39-13-403.
(h) Aggravated Rape, as in T.C.A.
39-13-502.
(i) Rape, as in T.C.A.
39-13-503.
(4) Any
individual who applies for initial licensure, temporary permit, or licensure
renewal and supplies false or incomplete information to the Board on an
application for licensure regarding the individual's criminal conviction record
will be denied said initial licensure, temporary permit, or renewal.
(5) The Board considers any criminal
conviction, whether or not listed in Rule 1000-02-.13(2) above, to be a
violation T.C.A. §
63-7-115(a)(1)(B).
If an applicant or a licensed practical nurse already licensed by the Board is
convicted of any crime, it is grounds for denial of licensure or disciplinary
action by the Board.
Authority: T.C.A. §
4-5-202,
2-5-204, 63-736, 63-7-101,
63-7-108, 63-7-114, 63-7-115, 63-7-116, and 63-7-207.
