TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 14

NURSES

54-1413.  Disciplinary action. (1) Grounds for discipline. The board shall have the power to take disciplinary action upon a determination that an individual engaged in conduct constituting any one (1) of the following grounds:

(a)  Made, or caused to be made, a false, fraudulent or forged statement or representation in procuring or attempting to procure a license to practice nursing;

(b)  Practiced nursing under a false or assumed name;

(c)  Is convicted of or enters a guilty plea for a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;

(d)  Is or has been grossly negligent or reckless in performing nursing functions;

(e)  Habitually uses alcoholic beverages or drugs as defined by rule;

(f)  Is physically or mentally unfit to practice nursing;

(g)  Violates the provisions of this chapter or rules and standards of conduct and practice as may be adopted by the board;

(h)  Otherwise engages in conduct of a character likely to deceive, defraud or endanger patients or the public, which includes, but is not limited to, failing or refusing to report criminal conduct or other conduct by a licensee that endangers patients;

(i)  Has been disciplined by a nursing regulatory authority in any jurisdiction. A certified copy of the order entered by the jurisdiction shall be prima facie evidence of such discipline;

(j)  Failure to comply with the terms of any board order, negotiated settlement or probationary agreement of the board or to pay fines or costs assessed in a prior disciplinary proceeding;

(k)  Engaging in conduct with a patient that is sexual, sexually exploitative, sexually demeaning or may reasonably be interpreted as sexual, sexually exploitative or sexually demeaning; or engaging in conduct with a former patient that is sexually exploitative or may reasonably be interpreted as sexually exploitative. It would not be a violation under this subsection for a nurse to continue a sexual relationship with a spouse or individual of majority if a consensual sexual relationship existed prior to the establishment of the nurse-patient relationship; or

(l)  Failure to comply with the requirements of the abortion complications reporting act, chapter 95, title 39, Idaho Code.

(2)  Separate offense. Each day an individual violates any of the provisions of this chapter or rules and standards of conduct and practice as may be adopted by the board shall constitute a separate offense.

(3)  Probation/subsequent review. Any order of the board entered under this section may be withheld or suspended for a probationary period to be fixed by the board upon such terms and conditions as may be appropriate in order to regulate, monitor and/or supervise the practice of nursing by the licensee subject to such order for the prescribed probationary period. Any order of the board entered under this section may be withdrawn, reversed, modified or amended upon a showing by the person subject to the order that the grounds for discipline no longer exist or that he is rehabilitated, qualified and competent to practice nursing and that he is not likely to violate this chapter or rules adopted hereunder in the future.

(4)  Reporting investigative information.

(a)  Nothing in section 74-106(8) and (9), Idaho Code, shall be construed as limiting the authority of the board to report current significant investigative information to the coordinated licensure information system for transmission to states that are parties to any multistate agreements or compacts regarding nurse licensure.

(b)  The executive director of the board may, in the administration of this chapter, share information and otherwise cooperate with government regulatory and law enforcement agencies.

History:

[(54-1413) 54-1412, added 1977, ch. 132, sec. 2, p. 285; am. 1984, ch. 57, sec. 5, p. 104; am. and redesig. 1998, ch. 118, sec. 10, p. 443; am. 2001, ch. 76, sec. 2, p. 185; am. 2002, ch. 80, sec. 7, p. 181; am. 2008, ch. 67, sec. 2, p. 173; am. 2013, ch. 208, sec. 1, p. 496; am. 2014, ch. 139, sec. 1, p. 377; am. 2015, ch. 141, sec. 138, p. 484; am. 2018, ch. 225, sec. 2, p. 514; am. 2018, ch. 348, sec. 5, p. 801; am. 2020, ch. 175, sec. 20, p. 522; am. 2021, ch. 34, sec. 1, p. 76; am. 2026, ch. 221, sec. 7, p. 934.]