Section R4-19-403. Unprofessional Conduct

For purposes of A.R.S. § 32-1601(22)(d), any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public includes one or more of the following:

1.        A pattern of failure to maintain minimum standards of acceptable and prevailing nursing practice;

2.        Intentionally or negligently causing physical or emotional injury;

3.        Failing to maintain professional boundaries or engaging in a dual relationship with a patient, resident, or any fam- ily member of a patient or resident;

4.        Engaging in sexual conduct with a patient, resident, or any family member of a patient or resident who does not have a pre-existing relationship with the nurse, or any conduct in the work place that a reasonable person would interpret as sexual;

5.        Abandoning or neglecting a patient who requires immedi- ate nursing care without making reasonable arrangement for continuation of care;

6.        Removing a patient’s life support system without appro- priate medical or legal authorization;

7.        Failing to maintain for a patient record that accurately reflects the nursing assessment, care, treatment, and other nursing services provided to the patient;

8.        Falsifying or making a materially incorrect, inconsistent, or unintelligible entry in any record:

a.         Regarding a patient, health care facility, school, institution, or other work place location; or

b.        Pertaining to obtaining, possessing, or administering any controlled substance as defined in the federal Uniform Controlled Substances Act, 21 U.S.C. 801 et seq., or Arizona’s Uniform Controlled Substances Act, A.R.S. Title 36, Chapter 27;

9.        Failing to take appropriate action to safeguard a patient’s welfare or follow policies and procedures of the nurse’s employer designed to safeguard the patient;

10.     Failing to take action in a health care setting to protect a patient whose safety or welfare is at risk from incompe- tent health care practice, or to report the incompetent health care practice to employment or licensing authori- ties;

11.     Failing to report to the Board a licensed nurse whose work history includes conduct, or a pattern of conduct, that leads to or may lead to an adverse patient outcome;

12.     Assuming patient care responsibilities that the nurse lacks the education to perform, for which the nurse has failed to

maintain  nursing  competence,  or  that  are  outside  the scope of practice of the nurse;

13.     Failing to supervise a person to whom nursing functions are delegated;

14.     Delegating services that require nursing judgment to an unauthorized person;

15.     Removing, without authorization, any money, property, or personal possessions, or requesting payment for ser- vices not performed from a patient, employer, co-worker, or member of the public.

16.     Removing, without authorization, a narcotic, drug, con- trolled substance, supply, equipment, or medical record from any health care facility, school, institution, or other work place location;

17.     A pattern of using or being under the influence of alco- hol, drugs, or a similar substance to the extent that judg- ment may be impaired and nursing practice detrimentally affected, or while on duty in any health care facility, school, institution, or other work location;

18.     Obtaining, possessing, administering, or using any nar- cotic, controlled substance, or illegal drug in violation of any federal or state criminal law, or in violation of the policy of any health care facility, school, institution, or other work location at which the nurse practices;

19.     Providing or administering any controlled substance or prescription-only drug for other than accepted therapeutic or research purposes;

20.     Engaging in fraud, misrepresentation, or deceit in taking a licensing examination or on an initial or renewal appli- cation for a license or certificate;

21.     Impersonating a nurse licensed or certified under this Chapter;

22.     Permitting or allowing another person to use the nurse’s license for any purpose;

23.     Advertising the practice of nursing with untruthful or misleading statements;

24.     Practicing nursing without a current license or while the license is suspended;

25.     Failing to:

a.         Furnish in writing a full and complete explanation of a matter reported pursuant to A.R.S. § 32-1664, or

b.        Respond to a subpoena issued by the Board;

26.     Making a written false or inaccurate statement to the Board or the Board’s designee in the course of an investi- gation;

27.     Making a false or misleading statement on a nursing or health care related employment or credential application concerning previous employment, employment experi- ence, education, or credentials;

28.     If a licensee or applicant is charged with a felony or a misdemeanor involving conduct that may affect patient safety, failing to notify the Board in writing, as required under A.R.S. § 32-3208, within 10 days of being charged. The licensee or applicant shall include the following in the notification:

a.         Name, address, telephone number, social security number, and license number, if applicable;

b.        Date of the charge; and

c.         Nature of the offense;

29.     Failing to notify the Board, in writing, of a conviction for a felony or an undesignated offense within 10 days of the conviction. The nurse or applicant shall include the fol- lowing in the notification:

a.         Name, address, telephone number, social security number, and license number, if applicable;

b.        Date of the conviction; and

c.         Nature of the offense;

30.     For a registered nurse granted prescribing privileges, any act prohibited under R4-19-511(D); or

31.     Practicing in any other manner that gives the Board rea- sonable cause to believe the health of a patient or the pub- lic may be harmed.

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). For- mer Section R4-19-44 repealed, new Section R4-19-44 adopted effective May 9, 1984 (Supp. 84-3). Amended by

adding Paragraphs 18 through 22 effective July 16, 1984 (Supp. 84-4). Former Section R4-19-44 renumbered and amended as Section R4-19-403 effective February 21, 1986 (Supp. 86-1). Section repealed, new Section adopted effective July 19, 1995 (Supp. 95-3). Amended by final rulemaking at 11 A.A.R. 3804, effective Novem- ber 12, 2005 (Supp. 05-3). Amended by final rulemaking

at 14 A.A.R. 4621, effective January 31, 2009 (Supp. 08- 4). Antiquated statute reference in opening subsection revised at the request of Board under A.R.S. § 41- 1011(C), Office File No. M11-189, filed May 16, 2011 (Supp. 11-2). Pursuant to authority of A.R.S. § 41- 1011(C), Laws 2012, Ch. 152, § 1, provides for A.R.S. references to be corrected to reflect the renumbering of definitions. Therefore the A.R.S. citation in the opening subsection was updated. Agency request filed July 12, 2012, Office File No. M12-242 (Supp. 12-3).