§457-12 Discipline; grounds; proceedings; hearings.

730 words·~3 min read·/hi/chapter-457/457-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In addition to any other actions authorized by law, the board shall have the power to deny, revoke, limit, or suspend any license to practice nursing as a registered nurse or as a licensed practical nurse applied for or issued by the board in accordance with this chapter, and to fine or to otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:

(1)Fraud or deceit in procuring or attempting to procure a license to practice nursing as a registered nurse or as a licensed practical nurse;

(2)Gross immorality;

(3)Unfitness or incompetence by reason of negligence, habits, or other causes;

(4)Habitual intemperance, addiction to, or dependency on alcohol or other habit-forming substances;

(5)Mental incompetence;

(6)Unprofessional conduct as defined by the board in accordance with its own rules;

(7)Wilful or repeated violation of any of the provisions of this chapter or any rule adopted by the board;

(8)Revocation, suspension, limitation, or other disciplinary action by another state of a nursing license, except when the revocation, suspension, limitation, or other disciplinary action by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;

(9)Conviction, whether by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions, or duties of a nurse, notwithstanding any statutory provision to the contrary, except when the conviction was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;

(10)Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;

(11)Submitting to or filing with the board any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement of fact, including a false attestation of compliance with continuing competency requirements; or

(12)Violation of the conditions or limitations upon which any license is issued.

(b)Notwithstanding any other law to the contrary, the board may deny a license to any applicant who has been disciplined by another state, except on the basis of discipline by another state for the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State. Any final order entered pursuant to this subsection shall be a matter of public record.

(c)Any fine imposed by the board after a hearing in accordance with chapter 91 shall be no less than $100 and no more than $1,000 for each violation.

(d)The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1970, c 71, pt of §1; am L 1973, c 31, §20; am L 1974, c 205, §2(17); am L 1983, c 119, §9; am L 1986, c 27, §1; am L 1992, c 202, §111; am L 2015, c 127, §4; am L 2016, c 38, §8; am L 2017, c 66, §§4, 6; am L 2023, c 2, §10]

Cross References

Diversion program for chemically dependent nurses, see chapter 334D.