1-A.Disciplinary proceedings and sanctions.
The board shall investigate a complaint, on its own motion or upon receipt of a written
complaint filed with the board, regarding noncompliance with or violation of this
chapter or of rules adopted by the board. Investigation may include a hearing before
the board to determine whether grounds exist for suspension, revocation or denial
of a license, or as otherwise considered necessary to the fulfillment of its responsibilities
under this chapter. The board may subpoena witnesses, records and documents, including
records and documents maintained by a health care facility, in an investigation or
hearing it conducts.
The board shall notify the licensee of the content of a complaint filed against the
licensee as soon as possible, but, absent unusual circumstances justifying the delay, not later than 60 days from receipt of this information. The licensee shall respond
within 30 days. The board shall share the licensee's response with the complainant, unless the board
determines that it would be detrimental to the health of the complainant to obtain
the response. If the licensee's response to the complaint satisfies the board that the complaint
does not merit further investigation or action, the matter may be dismissed, with
notice of the dismissal to the complainant, if any.
If, in the opinion of the board, the factual basis of the complaint is or may be true,
and the complaint is of sufficient gravity to warrant further action, the board may request an informal
conference with the licensee. The board shall provide the licensee with adequate notice
of the conference and of the issues to be discussed. The complainant may attend the conference and may be accompanied by up to 2 individuals,
including legal counsel. The conference must be conducted in executive session of the board or its subcommittee, pursuant to Title 1, section 405, unless otherwise requested
by the licensee. Before the board or its subcommittee decides what action to take at the conference
or as a result of the conference, the board or its subcommittee shall give the complainant
a reasonable opportunity to speak. Statements made at the conference may not be introduced at a subsequent formal hearing
unless all parties consent.
When a complaint has been filed against a licensee and the licensee moves or has moved
to another state, the board may report to the appropriate licensing board in that
state the complaint that has been filed, other complaints in the licensee's record
on which action was taken and disciplinary actions of the board with respect to that
When an individual applies for a license under this chapter, the board may investigate
the professional record of that individual, including professional records that the
individual may have as a licensee in other states. The board may deny a license or
authorize a restricted license based on the record of the applicant in other states.
If the board or its subcommittee finds that the factual basis of the complaint is
true and is of sufficient gravity to warrant further action, the board or its subcommittee may take any of the following actions the board or its subcommittee considers appropriate:
A. Warn, censure or reprimand; [1985, c. 724, §12 (NEW).]
B. With the consent of the licensee, enter into a consent agreement that fixes the period
and terms of probation best adapted to protect the public health and safety and to
rehabilitate or educate the licensee. A consent agreement may be used to terminate
a complaint investigation, if entered into by the board, the licensee and the Attorney
General's office; [1993, c. 600, Pt. A, §116 (AMD).]
C. In consideration for acceptance of a voluntary surrender of the license, negotiate
stipulations, including terms and conditions for reinstatement that ensure protection
of the public health and safety and serve to rehabilitate or educate the licensee.
These stipulations may be set forth only in a consent agreement signed by the board,
the licensee and the Attorney General's office; [1993, c. 600, Pt. A, §116 (AMD).]
D. If the board or its subcommittee concludes that modification or nonrenewal of the
license is in order, hold an adjudicatory hearing in accordance with the provisions
of Title 5, chapter 375, subchapter 4; or [2013, c. 23, §1 (AMD).]
E. If the board or its subcommittee concludes that suspension or revocation of the license
is in order, file a complaint in the District Court in accordance with Title 4, chapter
5. [2001, c. 260, Pt. D, §2 (AMD).]
2013, c. 23, §1 (AMD)
2.Grounds for discipline.
The board may suspend or revoke a license pursuant to Title 5, section 10004. The
following are grounds for an action to refuse to issue, modify, suspend, revoke or
refuse to renew the license of an individual licensed under this chapter:
A. The practice of fraud or deceit in obtaining a license under this chapter or in
connection with service rendered within the scope of the license issued; [1983, c. 378, §21 (NEW).]
B. Misuse of alcohol, drugs or other substances that has resulted or may result in the licensee performing services in a manner that endangers the health
or safety of patients; [2013, c. 105, §5 (AMD).]
C. A professional diagnosis of a mental or physical condition that has resulted or
is foreseeably likely to result in the licensee performing the licensee's duties in
a manner that endangers the health or safety of the licensee's patients; [1993, c. 600, Pt. A, §116 (AMD).]
D. Aiding or abetting the practice of nursing by an individual not licensed under this
chapter and who claims to be legally licensed; [1993, c. 600, Pt. A, §116 (AMD).]
E. Incompetence in the practice for which the licensee is licensed. A licensee is
considered incompetent in the practice if the licensee has:
(1) Engaged in conduct that evidences a lack of ability or fitness to discharge the
duty owed by the licensee to a client or patient or the general public; or
(2) Engaged in conduct that evidences a lack of knowledge or inability to apply principles
or skills to carry out the practice for which the licensee is licensed; [1993, c. 600, Pt. A, §116 (AMD).]
F. Unprofessional conduct. A licensee is considered to have engaged in unprofessional
conduct if the licensee violates a standard of professional behavior that has been
established in the practice for which the licensee is licensed; [1993, c. 600, Pt. A, §116 (AMD).]
G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves
dishonesty or false statement or that relates directly to the practice for which the
licensee is licensed or conviction of a crime for which incarceration for one year
or more may be imposed; [1993, c. 600, Pt. A, §116 (AMD).]
H. A violation of this chapter or a rule adopted by the board; or [1993, c. 600, Pt. A, §116 (AMD).]
I. Engaging in false, misleading or deceptive advertising. [1983, c. 378, §21 (NEW).]
2013, c. 105, §5 (AMD)
3.Confidentiality of information.
Reports, information or records provided to the board by a health care facility
pursuant to this chapter are confidential insofar as the reports, information or records
identify or permit identification of a patient, except that the board may disclose
A. In an adjudicatory hearing or informal conference before the board or in a subsequent
formal proceeding to which the information is relevant; and [1993, c. 600, Pt. A, §116 (AMD).]
B. In a consent agreement or other written settlement when the information constitutes
or pertains to the basis of board action. [1993, c. 600, Pt. A, §116 (AMD).]
A copy of a report, information or record received by the board under this subsection
must be provided to the licensee.
1993, c. 600, Pt. A, §116 (AMD)
4.Authority to request mental and physical examinations.
For the purposes of this section, by application for and acceptance of a license to
practice, a nurse is considered to have given consent to a mental or physical examination
when directed by the board. The board may direct a nurse to submit to an examination
whenever the board determines the nurse may be suffering from a mental illness that
may be interfering with the competent practice of nursing or from the use of intoxicants
or drugs to an extent that they are preventing the nurse from practicing nursing competently
and with safety to patients. A nurse examined pursuant to an order of the board may
not prevent the testimony of the examining individual or prevent the acceptance into
evidence of the report of an examining individual in a proceeding under subsection
1-A. Failure to comply with an order of the board to submit to a mental or physical
examination results in the immediate suspension of the license of the nurse by order
of the District Court until the nurse submits to the examination.
2009, c. 47, §2 (NEW)
5.Nurse health program.
The board may establish protocols for the operation of a professional review committee
as defined in Title 24, section 2502, subsection 4-A. The protocols must include the
committee's reporting information the board considers appropriate regarding reports
received, contracts or investigations made and the disposition of each report, as
long as the committee is not required to disclose any personally identifiable information.
The protocols may not prohibit an impaired nurse from seeking alternative forms of
The board may contract with other agencies, individuals, firms or associations for
the conduct and operation of a nurse health program operated by a professional review
committee as that term is defined in Title 24, section 2502, subsection 4-A.
2009, c. 47, §3 (NEW)
1983, c. 378, §21 (NEW).
1983, c. 769, §§1,2 (AMD).
1985, c. 724, §§11,12 (AMD).
1993, c. 600, §A116 (AMD).
1999, c. 547, §B62 (AMD).
1999, c. 547, §B80 (AFF).
2001, c. 260, §D2 (AMD).
2009, c. 47, §§2, 3 (AMD).
2013, c. 23, §1 (AMD).
2013, c. 105, §5 (AMD).
Data for this page extracted on 01/05/2015 12:13:44.
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