SECTION 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 a Registered Nurse, Licensed Practical Nurse, Advanced Practice Registered Nurse and/or Authorization for Prescriptive Authority or Authority to Order, Select, Obtain, and Administer Drugs, or as an Advanced Unlicensed Assistant 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 "deceit or material misrepresentation" in procuring or attempting to procure a license, certificate, prescriptive authority recognition, and/or authorization to order, select, obtain and administer drugs shall include but not be limited to the following:

(A)   false representation of facts in connection with an application for licensure, certification, prescriptive authority recognition, and/or authorization to order, select, obtain and administer drugs and/or renewal of any of the above;

(B)   engaging in conduct that violates the security of the licensure/certification examination or the integrity of the examination results, including, but not limited to the following:

(i)   Copying, disseminating or receiving any portion of an examination;

(ii)   Having unauthorized possession of any portion of a future, current or previously administered examination;

(iii)   Violating the standards and/or rules of test administration;

(iv)   Permitting an impersonator to take the examination on one's behalf;

(v)   Impersonating an examinee;

(vi)   Possessing unauthorized items and/or materials during the examination;

(vii)   Any other conduct that violates the security or integrity of the examination.

(2)   Sufficient knowledge or reasonable skill means adherence to minimal standards of acceptable practical nurse practice, registered nurse practice, advanced registered nurse practice, or advanced unlicensed assistant's practice generally prevailing in the State of Oklahoma.

(3)   Unprofessional conduct is behavior (acts, knowledge, and practices) which fails to conform to the accepted standards of the nursing profession, or advanced unlicensed assistant's 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, altering or inappropriate destruction of 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 by any means; 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 registered nursing, or advanced unlicensed assistive persons by any person not licensed as a Licensed Practical Nurse or a Registered Nurse or an Advanced Practice Registered Nurse or not certified as an Advanced Unlicensed Assistant; or

(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 Registered Nurse, Licensed Practical Nurse, Advanced Practice Registered Nurse, or Advanced Unlicensed Assistant; or

(N)   forging a prescription for medication, drugs, or supplies or equipment; or

(O)   presenting a forged prescription; or

(P)   selling or attempting to sell drugs or controlled substances or otherwise making such drugs available without authority to self, friends, or family members; or

(Q)   engaging in conduct with a patient or key party, inside or outside the health care setting 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 key party, or engaging in sexual exploitation of a patient or key party. Patient or key party consent to, or initiation of, a relationship is not a defense; 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; or

(T)   failure to maintain proper custody and control of controlled dangerous substances of the patient or agency; or

(U)   diversion or attempts to divert drugs or controlled substances; or

(V)   failure to cooperate with a lawful investigation by Board of Nursing staff.

(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 Practice Registered Nurse 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 judgment 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.

(5)   Conduct that violates professional boundaries is behavior that jeopardizes or could impair the relationship of trust that should exist between nurse and patient. Nurses must be able to recognize the appropriate interpersonal boundaries in all places and at all times for the duration of any therapeutic relationship. It is immaterial whether the boundary violation is instituted by the nurse or the patient; the nurse is the professional in the nurse-patient relationship.

[Source: Amended at 8 Ok Reg 3579, eff 9-20-91 (emergency); Amended at 9 Ok Reg 2103, eff 6-11-92; Amended at 14 Ok Reg 1980, eff 5-27-97; Amended at 18 Ok Reg 2707, eff 7-1-01; Amended at 19 Ok Reg 1470, eff 7-1-02; Amended at 29 Ok Reg 1615, eff 7-12-12; Amended at 34 Ok Reg 768, eff 8-25-17; Amended at 36 Ok Reg 1000, eff 7-25-19]