HAR §16-89-125
HAR §16-89-125. Discipline; grounds; proceedings
Cite as Haw. Code R. § 16-89-125
(a) In addition to any other
actions authorized by law, the board shall have the power to deny, revoke, limit,
condition, or suspend prescriptive authority granted, in accordance with this chapter,
and to fine or to otherwise discipline an APRN with prescriptive authority for any
cause authorized by law, including but not limited to the following:
(1)
Violation of this chapter;
(2)
Violation of chapter 457, HRS, or chapter 16-89;
(3)
Violation of any applicable state statutes and rules or federal laws or
regulations;
(4)
Fraud, deceit, misrepresentation in procuring or attempting to
procure a license to practice nursing as an APRN with prescriptive
authority;
(5)
Unprofessional conduct, including but not limited to:
(A)
Prescribing, administering, dispensing, or distributing drugs
listed in the exclusionary formulary, or not in accordance
with state and federal laws and rules;
(B)
Prescribing or administering drugs in an unsafe manner or
not in accordance with acceptable and prevailing standards of
practice;
(C)
Selling, purchasing, trading, or offering to sell, purchase, or
trade any controlled substance drug sample;
(D)
Misusing the authority to prescribe drugs for other than
therapeutic purposes; and
§16-89-128
89-51
(E)
Failing to maintain current certification by a
board-recognized national certifying body in the nursing
practice specialty.
(b)
In addition to subsection (a), the board may impose one or more of
the following requirements as a condition for an APRN prescriptive authority:
(1)
Physical and mental evaluation of the APRN by a physician
currently licensed under chapter 453, HRS;
(2)
Probation, including such conditions as successful completion of the
board of nursing diversion program which may include a
rehabilitation program for alcohol or substance abuse as prescribed
in chapter 16-89; and
(3)
Limitation of the practice in any reasonable manner to assure the
safety and welfare of the consuming public. [Eff 12/27/10; am and
comp 3/28/13; am and comp 10/27/18] (Auth: HRS §§26-9(k),
436B-4, 436B-7) (Imp: HRS §457-8.6)
SUBCHAPTER 17
SCOPE OF NURSING PRACTICE AND STANDARDS OF CARE