2011 Vermont Code
Title 26 Professions and Occupations
Chapter 28 NURSING
§ 1582 Regulatory authority; unprofessional conduct

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TITLE 26

Professions and Occupations

CHAPTER 28. NURSING

Subchapter I. Registered and Licensed Practical Nursing

§ 1582. Regulatory authority; unprofessional conduct

(a) The board may deny an application for registration, licensure, or relicensure; revoke or suspend any license to practice nursing issued by it; or discipline or in other ways condition the practice of a registrant or licensee upon due notice and opportunity for hearing in compliance with the provisions of 3 V.S.A. chapter 25 if the person engages in the following conduct or the conduct set forth in 3 V.S.A. { 129a:

(1) Has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice nursing;

(2) Whether or not committed in this state, has been convicted of a crime related to the practice of nursing or a felony which evinces an unfitness to practice nursing;

(3) Is unable to practice nursing competently by reason of any cause;

(4) Has wilfully or repeatedly violated any of the provisions of this chapter;

(5) Is habitually intemperate or is addicted to the use of habit-forming drugs;

(6) Has a mental, emotional, or physical disability, the nature of which interferes with ability to practice nursing competently;

(7) Engages in conduct of a character likely to deceive, defraud, or harm the public;

(8) Has willfully omitted to file or record or has willfully impeded or obstructed a filing or recording or has induced another person to omit to file or record medical reports required by law;

(9) Has knowingly aided or abetted a health care provider who is not legally practicing within the state in the provision of health care services;

(10) Has permitted his or her name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given;

(11) Has failed to comply with the patient bill of rights provisions of 18 V.S.A. { 1852; or

(12) Has committed any sexual misconduct that exploits the provider-patient relationship, including sexual contact with a patient, surrogates, or key third parties.

(b) Procedure. The board shall establish a discipline process based on this chapter and the Administrative Procedure Act.

(c) Appeals. Any person or institution aggrieved by any action of the board under this section or section 1581 of this title may appeal as provided in 3 V.S.A. { 130a.

(d) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the board about incompetent, unprofessional, or unlawful conduct of a nurse. (Added 1979, No. 192 (Adj. Sess.), { 1; amended 1993, No. 201 (Adj. Sess.), { 1; 1997, No. 145 (Adj. Sess.), { 39; 2011, No. 66, { 5, eff. June 1, 2011.)