Wisconsin Administrative Code
Board of Nursing
Chapter N 7 - Rules Of Conduct
Section N 7.03 - Grounds for denying or taking disciplinary action
Universal Citation: WI Admin Code ยง N 7.03
Current through August 26, 2024
The grounds for denying or taking disciplinary action on a license or certificate are any of the following:
(1) Noncompliance with federal, jurisdictional, or reporting requirements including any of the following:
(a) Engaging in conduct that violates the
security of the licensure examination or the integrity of the examination
results.
(b) Having a license to
practice nursing or a nurse licensure compact privilege to practice denied,
revoked, suspended, limited, or having the credential holder otherwise
disciplined in another state, territory, or country. A certified copy of the
record of the board is conclusive evidence of the final action.
(c) After a request of the board, failing to
cooperate in a timely manner, with the board's investigation of a complaint
filed against a license holder. There is a rebuttable presumption that a
credential holder who takes longer than 30 days to respond to a request of the
board has failed to cooperate in a timely manner.
(d) Practicing without an active
license.
(e) Practicing beyond the
scope of practice permitted by law.
(f) Failing to inform the board of the
advanced practice nurse prescriber's change in certification status with a
national certifying body as a nurse anesthetist, nurse-midwife, nurse
practitioner, or clinical nurse specialist.
(g) Violating any term, provision, or
condition of any order of the board.
(h) Failing to notify the board of a felony
or misdemeanor in writing within 48 hours after the entry of the judgment of
conviction, including the date, place, and nature of the conviction or finding.
Notice shall include a copy of the judgment of conviction and a copy of the
complaint or other information which describes the nature of the crime in order
that the board may determine whether the circumstances of the crime of which
the credential holder was convicted are substantially related to the practice
of nursing.
(i) Failing to report
to the board or institutional supervisory personnel any violation of the rules
of this chapter by a licensee. This provision does not require a nurse to
report treatment information which would fall within the nurse-patient
privilege set forth in s.
905.04(1) (b), Stats.
(2) Violating or aiding and abetting a violation of any law substantially related to the practice of nursing or being convicted of any crime substantially related to the practice of nursing. A certified copy of a judgment of conviction is prima facie evidence of a violation.
(3) Confidentiality, patient privacy, consent, or disclosure violations, including any of the following:
(a) Failing to safeguard the
patient's dignity, or the right to privacy.
(b) Knowingly, recklessly, or negligently
divulging a privileged communication or other confidential patient health care
information except as required or permitted by state or federal law.
(c) Making statements or disclosures that
create a risk of compromising a patient's privacy, confidentiality, or dignity,
including statements or disclosures via electronic or social media.
(4) Misconduct or abuse, including any of the following:
(a) Soliciting,
borrowing, misappropriating, obtaining, or attempting to obtain money or
property from a patient or a patient's family.
(b) Obtaining or attempting to obtain any
compensation by fraud, misrepresentation, deceit, duress, or undue influence in
the course of nursing practice.
(c)
Abusing a patient by a single or repeated act of force, violence, harassment,
deprivation, neglect, or mental pressure which reasonably could cause physical
pain, injury, mental anguish, or fear.
(d) Engaging in repeated or significant
disruptive behavior or interaction with health care personnel, patients, family
members, or others that interferes with patient care or could reasonably be
expected to adversely impact the quality of care rendered.
(e)
1.
Violating principles of professional boundaries, including any of the
following:
a. Failing to establish, maintain,
or communicate professional boundaries with the patient.
b. Engaging in relationships with patients
that could impair the nurse's professional judgment.
c. Exploiting in any manner the professional
relationship with a patient for the nurse's emotional, financial, sexual, or
personal advantage or benefit.
d.
Engaging in dual relationships if the nurse's ability to provide appropriate
care would be compromised due to the nature of the additional relationship with
the patient.
e. Engaging in any
dual relationship in mental health nursing.
f. Engaging in self-disclosure to a patient
which creates a risk or adversely impacts the patient's care and
well-being.
g. Using any confidence
of a patient to the patient's disadvantage or for the advantage of the
nurse.
h. Accepting gifts which are
more than minimal value or any cash from a patient or patient's
family.
2. This
paragraph does not include providing health care services to a person with whom
the nurse has a preexisting, established personal relationship where there is
no evidence of or potential for exploiting the patient and contact that is
necessary for a health care purpose that meets the standards of the
profession.
(f)
1. Engaging in sexual misconduct, including
any of the following:
a. Sexually explicit
conduct, sexual contact, exposure, gratification, other sexual behavior with or
in the presence of a patient.
b.
Conduct that may reasonably be interpreted by a patient as sexual or any verbal
behavior that is sexually harassing to a patient.
c. Posing, photographing or recording the
body or any body part of a current or former patient, other than for health
care purposes.
d. Transmitting
information about a patient via electronic media that can be reasonably
interpreted as sexual or sexually demeaning by the current or former
patient.
e. Engaging or attempting
to engage in sexual or seductive conduct with a former patient if doing so
creates a risk that the relationship could cause harm to or exploitation of the
former patient.
2. For
the purpose of this paragraph, due to the unique vulnerability of mental health
patients, including patients with substance use disorders, nurses are
prohibited from engaging in or attempting to engage in sexual or seductive
conduct with such former patients, a former patient's immediate family or
person responsible for the patient's welfare, for a period of at least 2 years
after the termination of nursing services.
(5) Fraud, deception or misrepresentation, including any of the following:
(a)
Falsifying or inappropriately altering reports, patient documentation, agency
records, or other health documents.
(b) Intentionally making incorrect entries in
a patient's medical record or other related documents.
(c) Engaging in abusive or fraudulent billing
practices, including violations of federal Medicare and Medicaid laws or state
laws.
(d) Submitting false
claims.
(e) Fraud, deceit, or
material omission in obtaining a license or certification or in the renewal of
the license or certification.
(f)
Impersonating another licensee or allowing another person to use the licensee's
credential for any purpose.
(g)
Submitting false information in the course of an investigation.
(h) Misrepresentation of
credentials.
(i) Misleading, false,
or deceptive advertising or marketing.
(6) Unsafe practice or substandard care, including any of the following:
(a) Failing
to perform nursing with reasonable skill and safety.
(b) Lack of knowledge, skill, or ability to
discharge professional obligations within the scope of nursing
practice.
(c) Departing from or
failing to conform to the minimal standards of acceptable nursing practice that
may create unnecessary risk or danger to a patient's life, health, or safety.
Actual injury to a patient need not be established.
(d) Failing to report to or leaving a nursing
assignment without properly notifying appropriate supervisory personnel and
ensuring the safety and welfare of the patient or client.
(e) Practicing nursing while under the
influence of alcohol, illicit drugs, or while impaired by the use of
legitimately prescribed pharmacological agents or medications.
(f) Unable to practice safely by reason of
alcohol or other substance use.
(g)
Unable to practice safely by reason of psychological impairment or mental
disorder.
(h) Unable to practice
safely by reason of physical illness or impairment.
(i) Failure to consult or delay in
consultation for clinical care beyond scope of practice
(j) Failure to treat.
(k) Inadequate or improper infection control
practices.
(l) Failure to provide
medically necessary items or services.
(m) Discriminating on the basis of age,
marital status, gender, sexual preference, race, religion, diagnosis,
socioeconomic status, or disability while providing nursing services.
(n) Executing an order which the licensee
knew or should have known would harm or present the likelihood of harm to a
patient.
(o) Failing to execute a
medical order unless the order is inappropriate and the licensee reports the
inappropriate order to a nursing supervisor or other appropriate
person.
(p) Failing to observe the
conditions, signs and symptoms of a patient, record them, or report significant
changes to the appropriate person.
(7) Improper supervision or allowing unlicensed practice, including any of the following:
(a) Delegating a nursing function or a
prescribed health function when the delegation could reasonably be expected to
result in unsafe or ineffective patient care.
(b) Knowingly aiding, assisting, advising, or
allowing a person to engage in the unlawful practice of nursing.
(c) Inappropriate or inadequate supervision
or delegation.
(d) Failing to
supervise assigned student experiences
(8) Improper prescribing, dispensing, or administrating medication or drug related offenses, including any of the following:
(a) Prescribing of any drug other
than in the course of legitimate practice or as otherwise prohibited by
law.
(b) Dispensing of any drug
other than in the course of legitimate practice or as otherwise prohibited by
law.
(c) Administering any drug
other than in the course of legitimate practice or as otherwise prohibited by
law.
(d) Error in prescribing,
dispensing, or administering medication.
(e) Obtaining, possessing or attempting to
obtain or possess a drug without lawful authority.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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