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Home > Investigation/Discipline > Violations

VIOLATIONS OF THE OKLAHOMA NURSING
PRACTICE ACT AND RULES

ACT:
59 O.S. §567.8. Denial, revocation or suspension of license or certification--Administrative penalties

A. The Oklahoma Board of Nursing shall have the power:

1. To deny, revoke or suspend any:

a. license to practice registered nursing or licensed practical nursing,
b. recognition for practice as an advanced practice nurse, or
c. certification as an advanced unlicensed assistive person;

2. To assess administrative penalties; or
3. To otherwise discipline a licensee or advanced unlicensed assistive person.

B. The Board shall impose a disciplinary action pursuant to the provisions of subsection A of this section upon proof that the person:

1. Is guilty of fraud or deceit or material deception in procuring or attempting to procure:

a. a license to practice registered nursing, licensed practical nursing, or recognition to practice advanced practice nursing, or
b. certification as an advanced unlicensed assistive person;

2. Is guilty of a felony, or any offense reasonably related to the qualifications, functions or duties of any licensee or advanced unlicensed assistant, or any offense an essential element of which is fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed, or any conduct resulting in the revocation of a deferred or suspended sentence or probation imposed pursuant to such conviction;
3. Fails to adequately care for patients or to conform to the minimum standards of acceptable nursing or advanced unlicensed assistant practice that, in the opinion of the Board, unnecessarily exposes a patient or other person to risk of harm;
4. Is intemperate in the use of alcohol or drugs, which use the Board determines endangers or could endanger patients;
5. Exhibits through a pattern of practice or other behavior actual or potential inability to practice nursing with sufficient knowledge or reasonable skills and safety due to impairment caused by illness, use of alcohol, drugs, chemicals or any other substance, or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills, mental illness, or disability that results in inability to practice with reasonable judgment, skill or safety; provided, however, the provisions of this paragraph shall not be utilized in a manner that conflicts with the provisions of the Americans with Disabilities Act;
6. Has been adjudicated as mentally incompetent, mentally ill, chemically dependent or dangerous to the public or has been committed by a court of competent jurisdiction, within or without this state;
7. Is guilty of unprofessional conduct as defined in the rules of the Board;
8. Is guilty of any act that jeopardizes a patient's life, health or safety as defined in the rules of the Board;
9. Violated a rule promulgated by the Board, an order of the Board, or a state or federal law relating to the practice of registered, practical or advanced practice nursing or advanced unlicensed assisting, or a state or federal narcotics or controlled dangerous substance law; or
10. Has had disciplinary actions taken against the individual's registered or practical nursing license, advanced unlicensed assistive certification, or any health-related license, in this or any state, territory or country.

C. Any person who supplies the Board information in good faith shall not be liable in any way for damages with respect to giving such information.

D. The Board may cause to be investigated all reported violations of the Oklahoma Nursing Practice Act.

E. The Board may authorize the executive director to issue a confidential letter of concern to a licensee when evidence does not warrant formal proceedings, but the executive director has noted indications of possible errant conduct that could lead to serious consequences and formal action.

F. All individual proceedings before the Board shall be conducted in accordance with the Administrative Procedures Act.

G. At a hearing the accused shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence on behalf of the accused, to cross-examine witnesses and to have subpoenas issued by the Board. If the accused is found guilty of the charges the Board may refuse to issue a renewal of license to the applicant, revoke or suspend a license, or otherwise discipline a licensee.

H. A person whose license is revoked may not apply for reinstatement during the time period set by the Board. The Board on its own motion may at any time reconsider its action.

I. Any person whose license is revoked or who applies for renewal of registration and who is rejected by the Board shall have the right to appeal from such action pursuant to the Administrative Procedures Act.

J. 1. Any person who has been determined by the Board to have violated any provisions of the Oklahoma Nursing Practice Act or any rule or order issued pursuant thereto shall be liable for an administrative penalty not to exceed Five Hundred Dollars ($500.00) for each count for which any holder of a certificate or license has been determined to be in violation of the Oklahoma Nursing Practice Act or any rule promulgated or order issued thereto.

2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of this section, after notice and an opportunity for hearing is given to the accused. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to practice, and any show of good faith in attempting to achieve compliance with the provisions of the Oklahoma Nursing Practice Act.


RULES
OAC Title 485:10-11-1. Denial, revocation or suspension of license or certificate
(a) Causes. Causes for denial, revocation or suspension of license or certificate as an advanced unlicensed assistive person are as defined in 59 O.S. Section 567.8.
(b) Definitions. The following definitions relate to the causes for disciplinary action as specified in the statutes.

(1) The terms "fraud or deceit or material deception" shall include but not be limited to:

(A) false representation of facts in connection with an application for licensure, or certificate, or renewal of license; or application for recognition as an advanced practitioner; or
(B) false representation by having another person appear in her/his place for the licensing examination.


(2) Sufficient knowledge or reasonable skill means adherence to minimal standards of acceptable practical nurse practice, registered nurse practice, advanced nurse practice, or advanced unlicensed assistive persons' practice generally prevailing in the State of Oklahoma.
(3) Unprofessional conduct is nursing behavior (acts, knowledge, and practices) which fails to conform to the accepted standards of the nursing profession, or advanced unlicensed assistive persons' activities generally prevailing in the State of Oklahoma and which could jeopardize the health and welfare of the people which shall include but not be limited to the following:

(A) inaccurate recording, falsifying or altering patient records; or
(B) verbally or physically abusing patients; or
(C) falsely manipulating drug supplies, narcotics or patient records; or
(D) appropriating without authority medications, supplies or personal items of the patient or agency; or
(E) falsifying documents submitted to the Board of Nursing; or
(F) leaving a nursing assignment or patient care assignment without properly advising appropriate personnel; or
(G) violating the confidentiality of information or knowledge concerning the patient; or
(H) conduct detrimental to the public interest; or
(I) discriminating in the rendering of nursing services or patient care assignment; or
(J) aiding and abetting the practice of practical nursing, registered nursing, advanced practice nursing, or advanced unlicensed assistive persons by any person not licensed as a Licensed Practical Nurse or a Registered Nurse or recognized as an advanced practitioner or not certified as an advanced unlicensed assistive person;
(K) impersonating any applicant or acting as proxy for the applicant in any examination required for the issuance of a license or certificate; or
(L) impersonating another licensed or certified practitioner, or permitting another person to use her/his license, certificate, or certificate of recognition for any purpose; or
(M) aiding, abetting or assisting any other person to violate or circumvent any law or rule or regulation intended to guide the conduct of a nurse or advanced unlicensed assistive person; or
(N) forging a prescription for medication/drugs; or
(O) presenting a forged prescription; or
(P) selling or attempting to sell a controlled dangerous substance or otherwise making such drugs available without authority to self, friends, or family members; or
(Q) while caring for a patient, engaging in conduct with a patient that is sexual or may reasonably be interpreted as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient, or engaging in sexual exploitation of a patient; or
(R) obtaining money, property or services from a patient, other than reasonable fees for service provided to the patient, through the use of undue influence, harassment, duress, deception or fraud; or
(S) engaging in fraudulent billing practices, including violations of federal Medicare and Medicaid laws or state medical assistance laws.

(4) Conduct which jeopardizes a patient's life, health or safety shall include but not be limited to the following:

(A) Failure of a Licensed Practical Nurse, a Registered Nurse, or advanced practitioner to supervise adequately the performance of acts by any person working at the nurse's direction; or
(B) Delegating or accepting the delegation of a nursing function or a prescribed health care function when the delegation or acceptance could reasonably be expected to result in unsafe or ineffective patient care; or
(C) Unauthorized alterations of medications; or
(D) Failure to utilize appropriate judgement in administering safe nursing practice or patient care assignment based upon the level of nursing for which the individual is licensed or recognized; or
(E) Failure to exercise technical competence in carrying out nursing care or patient care assignment; or
(F) Performing new nursing techniques, procedures or patient care activities without proper education and preparation; or
(G) Failure to report through the proper channels the unsafe or illegal practice of any person who is providing nursing care or patient care.



Oklahoma Board of Nursing
2915 N Classen, Ste. 524
OKC, OK   73106
TEL: 405.962.1800 FAX: 405.962.1821

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