________________________________________________________ Texas Nursing Jurisprudence and Ethics
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The State of Texas defines unprofessional conduct, in Texas Administrative Code Rule 217.12, as “unprofessional or dishonorable behaviors of a nurse that the Board believes are likely to deceive, defraud, or injure clients or the public” [17]. These behaviors include but are not limited to [17]: • Unsafe practice, including, but not limited to: - Carelessly failing, repeatedly failing, or exhibiting an inability to perform vocational, registered, or advanced practice nursing in conformity with the standards of minimum acceptable level of nursing practice set out in Rule 217.11 - Carelessly or repeatedly failing to conform to generally accepted nursing standards in applicable practice settings - Improper management of client records - Delegating or assigning nursing functions or a prescribed health function when the delegation or assignment could reasonably be expected to result in unsafe or ineffective client care - Accepting the assignment of nursing functions or a prescribed health function when the acceptance of the assignment could be reasonably expected to result in unsafe or ineffective client care - Failing to supervise the performance of tasks by any individual working pursuant to the nurse’s delegation or assignment - Failure of a clinical nursing instructor to adequately supervise or to assure adequate supervision of student experiences • Failure of a chief administrative nurse to follow appropriate and recognized standards and guidelines in providing oversight of the nursing organization and nursing services for which the nurse is administratively responsible • Failure to practice within a modified scope of practice or with the required accommodations, as specified by the Board in granting a coded license or any stipulated agreement with the Board • Careless or repetitive conduct that may endanger a client’s life, health, or safety (whether or not actual injury to a client is established) • Inability to practice safely, as defined by demonstration of actual or potential inability to practice nursing with reasonable skill and safety to clients by reason of illness; use of alcohol, drugs, chemicals, or any other mood-altering substances; or as a result of any mental or physical condition • Misconduct, including, but not limited to: - Falsifying reports, client documentation, agency records, or other documents - Failing to cooperate with a lawful investigation conducted by the Board
Causing or permitting physical, emotional, or verbal abuse or injury or neglect to the client or the public, or failing to report same to the employer, appropriate legal authority, and/or licensing board - Violating professional boundaries of the nurse/ client relationship, including but not limited to physical, sexual, emotional, or financial exploitation of the client or the client’s significant other(s) - Engaging in sexual conduct with a client, touching a client in a sexual manner, requesting or offering sexual favors, or language or behavior suggestive of the same - Threatening or violent behavior in the workplace - Misappropriating, in connection with the practice of nursing, anything of value or benefit, including, but not limited to, any property (real or personal) of the client, employer, or any other person or entity; or failing to take precautions to prevent such misappropriation - Providing information that was false, deceptive, or misleading in connection with the practice of nursing - Failing to answer specific questions or providing false or misleading answers that would have affected the decision to license, employ, certify, or otherwise utilize a nurse - Offering, giving, soliciting, or receiving or agreeing to receive (directly or indirectly) any fee or other consideration to or from a third party for the referral of a client in connection with the performance of professional services • Failure to pay child support payments as required by the Texas Family Code §232.001 • Diversion or attempts to divert drugs or controlled substances • Dismissal from a Board-approved peer assistance program for noncompliance and referral by that program to the Board • Other drug-related actions or conduct including, but not limited to: - Use of any controlled substance or any drug (prescribed or unprescribed), device, or alcoholic beverages while on duty or on call and to the extent that such use may impair the nurse’s ability to safely conduct to the public the practice authorized by the nurse’s license - Falsification of or making incorrect, inconsistent, or unintelligible entries in any agency, client, or other record pertaining to drugs or controlled substances
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Book Code: ANCCTX2027
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