2015 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 326-B - NURSE PRACTICE ACT
Section 326-B:37 - Disciplinary Action; Misconduct.

NH Rev Stat § 326-B:37 (2015) What's This?

    326-B:37 Disciplinary Action; Misconduct. –
    I. The board may undertake investigations and disciplinary proceedings:
       (a) Upon its own initiative.
       (b) Upon written complaint of any person which charges that a licensee has committed any acts of misconduct under this section and which specifies the grounds for such complaint.
    II. The board may discipline a licensee or applicant for any one or a combination of the following grounds:
       (a) Failing to demonstrate the qualifications or satisfy the requirements.
       (b) Conduct that violates the security of the examination, including, but not limited to:
          (1) Copying, disseminating, or receiving any portion of an examination.
          (2) Having unauthorized possession of any portion of a future, current, or previously administered examination.
          (3) Violating test administration.
          (4) Permitting an impersonator to take the examination on one's behalf or impersonating an examinee.
       (c) Convictions by a court or any plea to a crime in any jurisdiction that relates adversely to the practice of nursing or to the ability to practice nursing.
       (d) Employing fraud or deceit in procuring or attempting to procure a license to practice nursing, in filing any reports or completing client records, in representation of oneself to the board or public, in authenticating any report or records in the nurse's capacity as an APRN, RN, LPN, or LNA, or in submitting any information or record to the board.
       (e) Unethical conduct including but not limited to conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health or safety of a client. Actual injury need not be established.
       (f) If a nurse's license to practice nursing or a multi-state privilege or another health care related license or other credential has been denied, revoked, suspended, or restricted, or the licensee has been otherwise disciplined in this or any other state.
       (g) Conduct including but not limited to failure or inability to perform nursing or nursing assistant practice as defined in this chapter, with reasonable skill and safety.
       (h) Unprofessional conduct including but not limited to:
          (1) A departure from or failure to conform to nursing standards, including improper management of client records.
          (2) Delegating or accepting the delegation of a nursing function or a prescribed health function when the delegation or acceptance could reasonably be expected to result in unsafe or ineffective client care.
          (3) Failure to supervise the performance of acts by any individual working at the nurse's delegation or assignment.
          (4) Failure of a clinical nursing instructor to supervise student experiences.
       (i) Failure of a chief administrative nurse to follow appropriate and recognized standards and guidelines in providing oversight of the nursing organization and nursing services of a health care delivery system.
       (j) Failure to practice within a modified scope of practice or with the required accommodations, as specified by the board in granting a modified license under this act.
       (k) Any nursing practice that may create unnecessary danger to a client's life, health, or safety. Actual injury to a client need not be established.
       (l) Inability to practice safely, including demonstration of actual or potential inability to practice nursing with reasonable skill and safety to clients by reason of illness or as a result of any mental or physical condition.
       (m) Actions or conduct that include, but are not limited to, falsifying reports, client documentation, agency records, or other essential health documents, failure to cooperate with a lawful investigation conducted by the board, failure to maintain professional boundaries with clients or family members, use of excessive force upon or mistreatment or abuse of any client, engaging in sexual conduct with a client, touching a client in a sexual manner, requesting or offering sexual favors or language or behaviors suggestive of same, or threatening or violent behavior in the workplace.
       (n) Diversion or attempts to divert drugs or controlled substances.
       (o) Failure of a licensee to comply with terms of any alternative program agreement made with the board.
       (p) Other drug-related actions or conduct that include but are not limited to:
          (1) Use of any controlled substance or any drug or device or alcoholic beverages to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public, or to the extent that such use may impair his or her ability to conduct with safety to the public the practice of nursing.
          (2) Falsification or making incorrect, inconsistent, or unintelligible entries in any agency, client, or other record pertaining to drugs or controlled substances.
          (3) A positive drug screen for which there is no lawful prescription.
       (q) Actions or conduct that include but are not limited to:
          (1) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage in the practice of nursing.
          (2) Violating a rule adopted by the board under RSA 541-A, an order of the board, a state or federal law relating to the practice of nursing, or a state or federal narcotics or controlled substance law.
          (3) Practicing beyond the scope of practice as stated in this chapter, and failing to report violations of this chapter.
       (r) Upon notification by the licensing authority of another jurisdiction that a licensee has been disciplined.
    III. The board may refuse to renew or reinstate a license on disciplinary grounds, or take disciplinary action in any one or more of the following ways:
       (a) By reprimand or by suspension, limitation, conditions, or probation of a licensee for a period of time as determined reasonable by the board.
       (b) By revocation of a license.
       (c) By requiring licensees to participate in educational or rehabilitative programs in the area or areas in which they have been found deficient or incompetent.
       (d) By requiring the licensee to submit to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility approved by the board.
       (e) By requiring the person to practice under the direct supervision of an RN for a period of time specified by the board.
       (f) By imposition, after notice and the opportunity for hearing, of fines not to exceed $1,000 for each violation or, in the case of a continuing violation, $100 for each day the violation continues.
    IV. In cases involving imminent danger to public health, safety, or welfare, the board may order the immediate suspension of a license pending an adjudicative proceeding. The board shall commence this adjudicative proceeding not later than 10 working days after the date of the board order suspending the license. The licensee may waive the 10-day commencement requirement to allow for additional time to prepare for a hearing. If the licensee waives the requirement, the license shall remain suspended until the completion of the hearing. A record of the proceeding shall be made by a certified court reporter provided by the board. Unless expressly waived by the licensee, board failure to commence an adjudicative proceeding within 10 working days shall mean that the suspension order is automatically vacated. The board shall not again suspend the license for the same conduct which formed the basis of the vacated suspension without granting the licensee prior notice and an opportunity for an adjudicative proceeding.
    V. Every individual, agency, facility, institution, or organization that employs licensed nursing personnel within the state shall report to the board within 30 days any action by a licensee that willfully violates any provision of paragraph II. The board shall have authority, after notice and the opportunity for hearing, to impose civil penalties of up to $1,000 per violation upon persons found to have willfully violated the reporting requirements of this paragraph.

Source. 2005, 293:1. 2009, 54:4, eff. July 21, 2009.


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