HAR §16-89-60. Types of unprofessional conduct

The types of unprofessional conduct shall include, but are not limited to, the following: (1) Submitting information to the board pursuant to an application for licensure, renewal of licensure, or reinstatement of licensure which is fraudulent, deceitful, or contains misrepresentations regarding the applicant's or licensee's educational background, passing of a licensure examination, pending disciplinary actions, or licensure status; (2) Impersonating any applicant, or acting as proxy for the applicant in any nurse licensure examination, allowing any person to use one's nursing license, or the aiding, abetting, or assisting an individual to violate or circumvent chapter 457, HRS, or this chapter; (3) Practicing nursing within this State without a valid current license, or after the temporary license has expired; (4) Misrepresenting that the person is a licensed practical nurse or licensed registered nurse, verbally or in writing, when the person does not possess the appropriate license; (5) Failing to report to the board any revocation, suspension, or other disciplinary actions against the applicant or licensee by another state or jurisdiction of the United States for any act or omission which would constitute unprofessional conduct; (6) Performing unsafe or unacceptable patient care or failing to conform to professional standards required of a nurse which poses a danger to the welfare of a patient which shall include: (A) Intentionally or negligently causing physical or emotional injury to a patient; (B) Administering medication and treatment in a careless or negligent manner; (C) Failing to take appropriate action or to follow policies and procedures in the practice setting designed to safeguard the patient; (D) Failing to take appropriate action in safeguarding a patient from incompetent health care practices; (E) Performing nursing techniques or procedures without proper education and training; (F) Violating the confidentiality of information or knowledge concerning the patient or failing to safeguard the patient's dignity and right to privacy; and (G) Leaving a nursing assignment or abandoning a patient without properly notifying appropriate personnel; §16-89-62 89-33 (7) Engaging in any act inconsistent with the practice of nursing as defined in section 457-2, HRS, for that of a licensed practical nurse or a registered nurse including: (A) Engaging in conduct which evidences a lack of ability or fitness to discharge the duty owed by the licensee to a patient; (B) Practicing nursing when physical or mental ability to practice is impaired by alcohol or drugs, or because of other physical, psychological, or mental impediment; (C) Willfully, or deliberately, falsifying or altering a patient's, health care facility's, or employee's record; (D) Unauthorized use or removal of drugs, supplies, or property from a patient or health care facility, institution or other work place location, or diverting or attempting to divert drugs or controlled substances for unauthorized use or appropriating money, supplies, or equipment; (E) Possessing, obtaining, furnishing, or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs; and (F) Failing to supervise persons to whom nursing functions have been delegated under one's supervision; and (8) Failing to report oneself as a nurse, or failing to report, as a director of nursing, designated nursing supervisor, or designee, a nurse against whom disciplinary action as a result of unprofessional conduct described in §16-89-60(6) or inconsistent with the practice of nursing as identified in §16-89-60(7) has been taken, including termination or resignation of a nurse in lieu of discipline, or who may be a threat to the public health or safety. [Eff and comp 6/22/90; am and comp 9/5/97; comp 8/9/01; comp 5/5/05; comp 12/27/10; comp 3/28/13; am and comp 10/27/18] (Auth: HRS §457-5) (Imp: HRS §457-12)