Section 1000-01-.13 - UNPROFESSIONAL CONDUCT AND NEGLIGENCE, HABITS OR OTHER CAUSE(1) Unprofessional conduct, unfitness, or incompetency by reasons of negligence, habits or other causes, as those terms are used in the statute, is defined as, but not limited to, the following: (a) Intentionally or negligently causing physical or emotional injury to a patient;(b) Failure to maintain a record for each patient which accurately reflects the nursing problems and interventions for the patient and/or failure to maintain a record for each patient which accurately reflects the name and title of the nurse providing care;(c) Abandoning or neglecting a patient requiring nursing care;(d) Making false or materially incorrect, inconsistent or unintelligible entries in any patient records or in the records of any health care facility, school, institution or other work place location pertaining to the obtaining, possessing or administration of any controlled substance as defined in the Federal Controlled Substances Act;(e) Unauthorized use or removal of narcotics, drugs, supplies, or equipment from any health care facility, school, institution or other work place location;(f) The use of any intoxicating beverage or the illegal use of any narcotic or dangerous drug while on duty in any health care facility, school, institution, or other work place location;(g) Being under the influence of alcoholic beverages, or under the influence of drugs which impair judgment while on duty in any health care facility, school, institution or other work place location;(h) Impersonating another licensed practitioner;(i) Permitting or allowing another person to use his or her license for the purpose of nursing the sick or afflicted for compensation;(j) Revocation, suspension, probation or other discipline of a license to practice nursing by another state or territory of the United States for any act or omission which would constitute grounds for the revocation, suspension, probation or other discipline of a license in this state;(k) Practicing professional nursing in this state on a lapsed (state) license or beyond the period of a valid temporary permit; (l) Assigning unqualified persons to perform functions of licensed persons or delegating nursing care functions and tasks and/or responsibilities to others contrary to the Nurse Practice Act or rules and regulations to the detriment of patient safety;(m) Failing to supervise persons to whom nursing functions are delegated or assigned;(n) Aiding, abetting, assisting or hiring an individual to violate or circumvent any law or duly promulgated rule intended to guide the conduct of a nurse or any other licensed health care provider;(o) Exercising undue influence on the patient including the promotion of sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for financial gain of the nurse or of a third party;(p) Discriminating in the rendering of nursing services as it relates to race, age, sex, religion, national origin, or the condition of the patient;(q) Violating confidentiality of information or knowledge concerning the patient, except when required to do so by a court of law;(r) Failing to take appropriate action in safeguarding the patient from incompetent health care practices;(s) Failing to report, through proper channels, facts known to the individual regarding incompetent, unethical or illegal practice of any health care provider;(t) Over-prescribing, or prescribing in a manner inconsistent with Rules 1000-04-.08 and 1000-04-.09;(u) Practicing professional nursing in a manner inconsistent with T.C.A. § 63-7-103.(v) Performing nursing techniques or procedures without proper education and practice;(w) Engaging in acts of dishonesty which relate to the practice of nursing.(2) The Board of Nursing is concerned about the number of individuals with criminal conviction histories who apply for licensure as registered nurses. The Board's concern stems from the fact that nurses care for clients and families in a variety of settings where there may be no direct supervision. Individuals to whom care is given are often vulnerable, both physically and emotionally. The nurse has access to personal information about the patient and/or his/her family, has access to the client's property and provides intimate care to the client. The Board believes that persons who receive nursing care in Tennessee should be able to have confidence that an individual licensed by the Board does not have a history of mistreatment, neglect, violence, cheating, defrauding the public, or otherwise taking advantage of another person. The Board will presume that an applicant is not entitled to licensure, and will therefore deny any application for initial licensure, temporary permit, or renewal following the provisions of the Administrative Procedures Act to a person who has been convicted, and on which conviction the time for appeal has expired, as an adult of any of the following crimes within five (5) years preceding said application or renewal: (a) Aggravated Assault, as in T.C.A. 39-13-102;(b) First degree Murder, as in T.C.A. 39-13-202;(c) Second degree Murder, as in T.C.A. 39-13-207;(d) Voluntary Manslaughter, as in T.C.A. 39-13-211;(e) False Imprisonment, as in T.C.A. 39-13-302;(f) Kidnapping, as in T.C.A. 39-13-303;(g) Aggravated Kidnapping, as in T.C.A. 39-13-304;(h) Especially Aggravated Kidnapping, as in T.C.A. 39-13-305;(i) Robbery, as in T.C.A. 39-13-401;(j) Aggravated Robbery, as in T.C.A. 39-13-402;(k) Especially Aggravated Robbery, as in T.C.A. 39-13-403;(l) Aggravated Rape, as in T.C.A. 39-13-502;(m) Rape, as in T.C.A. 39-13-503;(n) Aggravated Sexual Battery, as in T.C.A. 39-13-504;(o) Sexual Battery, as in T.C.A. 39-13-505;(p) Statutory Rape, as in T.C.A. 39-15-506;(q) Theft of Property, as in T.C.A. 39-14-103 or of services, as in T.C.A. 39-14-104, except as to a Class A misdemeanor, as in T.C.A. 39-14-105(1);(r) Forgery, as in T.C.A. 39-14-114;(s) Falsifying of Educational and Academic Records, as in T.C.A. 39-14-136;(t) Arson, as in T.C.A. 39-14-301;(u) Aggravated Arson, as in T.C.A. 39-14-302;(v) Burglary, as in T.C.A. 39-14-402;(w) Aggravated burglary, as in T.C.A. 39-14-403;(x) Especially Aggravated Burglary, as in T.C.A. 39-14-404;(y) Incest, as in T.C.A. 39-15-302;(z) Aggravated Child Abuse, as in T.C.A. 39-15-402;(aa) Sexual Exploitation of a Minor, as in T.C.A. 39-17-1003;(bb) Aggravated Sexual Exploitation of a Minor, as in T.C.A. 39-17-1004;(cc) Especially Aggravated Sexual Exploitation of a Minor, as in T.C.A. 39-17-1005;(dd) Assisted Suicide, as in T.C.A. 39-13-216;(ee) Rape of a child, as in T.C.A. 39-13-522.(3) The Board of Nursing will also deny an application for initial licensure, temporary permit, or renewal, following the provisions of the Administrative Procedures Act, to persons who were convicted as a juvenile of the following crimes within five (5) years preceding said application or renewal: (a) First Degree Murder, as in T.C.A. 39-13-202.(b) Second Degree Murder, as in T.C.A. 39-13-207.(c) Kidnapping, as in T.C.A. 39-13-207.(d) Aggravated Kidnapping, as in T.C.A. 39-13-304.(e) Especially Aggravated Kidnapping, as in T.C.A. 39-13-305.(f) Aggravated Robbery, as in T.C.A. 39-13-402.(g) Especially Aggravated Robbery, as in T.C.A. 39-13-403.(h) Aggravated Rape, as in T.C.A. 39-13-502.(i) Rape, as in T.C.A. 39-13-503.(4) Any individual who applies for initial licensure, temporary permit, or licensure renewal and supplies false or incomplete information to the Board on an application for licensure regarding the individual's criminal record will be denied said initial licensure, temporary permit, or renewal.(5) The Board considers any criminal conviction, whether or not listed in Rule 1000-01-.13(2) above, to be a violation of T.C.A.63-7-115(a)(1)(B). If an applicant or a registered nurse already licensed by the Board is convicted of any crime, it is grounds for denial of licensure or disciplinary action by the Board.Tenn. Comp. R. & Regs. 1000-01-.13
Original rule filed December 3, 1982; effective January 3, 1983. Amendment filed August 27, 1993; effective October 25, 1993. Amendment filed June 16, 1994; effective August 30, 1994. Amendment filed June 29, 1999; effective September 12, 1999. Amendment filed March 21, 2005; effective June 4, 2005. Amendments filed November 4, 2005; effective January 18, 2006.Authority: T.C.A. §§ 4-5-202, 4-5-204, 53-11-301, 63-7-101, 63-7-103, 63-7-114, 63-7-115, 63-7-116, 63-7-123, 63-7-126, and 63-7-207.