Section 24.34.01.300 - DISCIPLINE01.Grounds. In addition to the grounds set forth in Section 54-1413, Idaho Code, a nursing license may be suspended, revoked, placed upon probation, or other disciplinary sanctions imposed by the Board on the following grounds: a. Conduct to Deceive, Defraud, or Endanger. Conduct of a character likely to deceive, defraud, or endanger patients or the public.b. Habitual Use of Alcohol or Drugs. Use of drugs or alcohol to the extent that the nurse's judgment, skills, or abilities to provide safe and competent nursing care are impaired.c. Physical or Mental Unfitness. A court order or evaluation by a qualified professional which determines that a licensee is physically or mental incompetent or incapable of providing safe and competent nursing care.02.Grounds for Discipline of an Advanced Practice Registered Nurse License. In addition to the grounds set forth in Section 54-1413, Idaho Code, and Sections 200 and 300 of these rules, an advanced practice registered nursing license may be suspended, revoked, placed upon probation, or other disciplinary sanctions imposed by the Board on the following grounds:a. Prescribing or Dispensing Controlled Substances. Prescribing, dispensing, or selling any drug classified as a controlled substance to a family member or to oneself. For purposes of these rules, "family member" is defined as the licensee's spouse, child (biological, adopted, or foster), parent, sibling, grandparent, grandchild, or the same relation by marriage.b. Violating Governing Law. Violating any state or federal law relating to controlled substances.c. Outside Scope of Practice. Prescribing or dispensing outside the scope of the advanced practice registered nurse's practice.03.Restricted Status.a. The Board or its executive officer may restrict the license of a licensee upon a determination by the Board that the licensee engaged in conduct constituting disciplinary grounds pursuant to Section 54-1413, Idaho Code. For the purposes of this rule, a determination by the Board is not required if the licensee has signed a written statement pursuant to Subsection 300.04.b. of these rules.b. The conditions of restricted licensure may include, but are not limited to: i. Submission of regular reports to the Board.ii. Complying with Board representatives.iii. Specific parameters of practice, excluding the performance of specific nursing functions.iv. The conditions of restricted practice may be removed by the Board following receipt of evidence confirming that the licensee can safely practice nursing.c. Compliance Required. Restricted licensure is conditioned upon an individual's compliance with terms and conditions, which may include:i. Satisfactory progress in any ordered continuing recovery program.ii. Continuing participation in, and compliance with, all recommendations and requirements of, the approved program, and obtaining of reports of progress submitted by the person directing the program at specified intervals and any time upon request.iii. Working only in approved practice settings.iv. Authorization by the licensee of the release of applicable records pertaining to assessment, diagnostic evaluation, treatment recommendations, treatment and progress, performance evaluations, counseling, random chemical screens and after care at periodic intervals as requested.v. Compliance with all laws pertaining to nursing practice, all nursing standards relating to any of the admitted misconduct or facts set out in the written statement signed by the licensee, or relating to the providing of safe, competent nursing service.vi. Compliance with other specific terms as may be directed by the executive officer.04.Disability Due to Substance Use Disorder or Mental Health Disorder.a. In lieu of discipline, the Board or its executive officer may refer a licensee who is chemically dependent or physically or psychologically impaired to a peer assistance entity.b. As a condition of entry into a peer assistance entity, the licensee may be required to sign a written statement admitting to all facts that constitute grounds for disciplinary action and/or demonstrate impairment of the safe practice of nursing and waive the right to a contested case hearing under the Idaho Administrative Procedures Act.05.Emergency Action. a. The Board may initiate an emergency action where there is reasonable cause to believe that continued practice by the licensee would create immediate danger to public health, safety, or welfare.b. The Board shall issue an order, including a brief, reasoned statement to justify both the decision that an immediate danger exists and the decision to take specific action. The order is effective when issued.c. After issuing an order, the Board will act as quickly as feasible to complete any proceedings that would be required if the matter did not involve immediate danger.Idaho Admin. Code r. 24.34.01.300