18VAC90-20-300. Disciplinary provisions.
A. The board has the authority to deny, revoke or suspend a license or multistate licensure privilege issued, or to otherwise discipline a licensee or holder of a multistate licensure privilege upon proof that the licensee or holder of a multistate licensure privilege has violated any of the provisions of § 54.1-3007 of the Code of Virginia. For the purpose of establishing allegations to be included in the notice of hearing, the board has adopted the following definitions:
1. Fraud or deceit in procuring or maintaining a license means, but shall not be limited to:
a. Filing false credentials;
b. Falsely representing facts on an application for initial license, reinstatement or renewal of a license; or
c. Giving or receiving assistance in the taking of the licensing examination.
2. Unprofessional conduct means, but shall not be limited to:
a. Performing acts beyond the limits of the practice of professional or practical nursing as defined in Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, or as provided by §§ 54.1-2901 and 54.1-2957 of the Code of Virginia;
b. Assuming duties and responsibilities within the practice of nursing without adequate training or when competency has not been maintained;
c. Obtaining supplies, equipment or drugs for personal or other unauthorized use;
d. Employing or assigning unqualified persons to perform functions that require a licensed practitioner of nursing;
e. Falsifying or otherwise altering patient, employer, student, or educational program records, including falsely representing facts on a job application or other employment-related documents;
f. Abusing, neglecting or abandoning patients or clients;
g. Practice of a clinical nurse specialist beyond that defined in 18VAC90-20-290;
h. Representing oneself as or performing acts constituting the practice of a clinical nurse specialist unless so registered by the board;
i. Delegating nursing tasks to an unlicensed person in violation of the provisions of Part VIII (18VAC90-20-420 et seq.) of this chapter;
j. Giving to or accepting from a patient or client property or money for any reason other than fee for service or a nominal token of appreciation;
k. Obtaining money or property of a patient or client by fraud, misrepresentation or duress;
l. Entering into a relationship with a patient or client that constitutes a professional boundary violation in which the nurse uses his professional position to take advantage of the vulnerability of a patient, a client or his family, to include but not limited to actions that result in personal gain at the expense of the patient or client, a nontherapeutic personal involvement or sexual conduct with a patient or client;
m. Violating state laws relating to the privacy of patient information, including but not limited to § 32.1-127.1:03 of the Code of Virginia;
n. Providing false information to staff or board members in
the course of an investigation or proceeding;
o. Failing to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required in § 63.2-1606 of the Code of Virginia; or
o. p. Violating any provision of this chapter.
B. Any sanction imposed on the registered nurse license of a clinical nurse specialist shall have the same effect on the clinical nurse specialist registration.