As used in this part:

1. (1) "Fraud or deceit" shall include but not be limited to:

   1. (A) False representation of facts on an application for licensure by examination or licensure by endorsement without examination or on application for prescriptive authority, full practice authority, or renewal of license;
   2. (B) False representation by having another person in his or her place for the licensing examination or any part thereof;

   3. (C) Forged or altered documents or credentials as required for the application for:

      1. (i) Original license;
      2. (ii) Renewal of license; or
      3. (iii) Certificate of prescriptive authority;
   4. (D) Disclosing the contents of the licensing examination or soliciting, accepting, or compiling information regarding the examination before, during, or after its administration;
   5. (E) Aiding, abetting, assisting, or hiring an individual to violate or circumvent any law or duly promulgated rules intended to guide the conduct of a nurse or other healthcare provider;
   6. (F) Prescribing any drug, medicine, or therapeutic device unless certified by the Arkansas State Board of Nursing as having prescriptive authority;
   7. (G) Engaging in the practice of nursing without a valid license; or
   8. (H) Payment for any license, renewal license, fine, civil penalty, service, or item purchased by any method or devise that results in nonpayment to the Arkansas State Board of Nursing or its agents;

2. (2) "Gross immorality" shall include, but not be limited to, acts and conduct inconsistent with the rules and principles of morality that relate to the:

   1. (A) Practice of nursing; and
   2. (B) Responsibilities of the licensee;
3. (3) "Habitually intemperate or addicted" shall include but not be limited to the use of hallucinogenics, stimulants, depressants, or intoxicants that could result in behavior that interferes with the practice of nursing;
4. (4) “Has had a license, privilege to practice, certificate, or registration revoked, suspended, or placed on probation or under disciplinary order” refers to actions in any jurisdiction;
5. (5) “Has voluntarily surrendered a license, privilege to practice, certification, or registration and has not been reinstated” refers to actions in any jurisdiction;
6. (6) "Mental incompetence" shall include those situations where a court has judged a licensee as incompetent;

7. (7)

   1. (A) “Negligence” means the:

      1. (i) Failure to do some act of nursing that a licensee should do, guided by those ordinary considerations that regulate the practice of nursing; or
      2. (ii) Doing of something that a reasonable and prudent licensee would not do under the same or similar facts and circumstances in the practice of nursing.

   2. (B)

      1. (i) The term “gross negligence” is an exercise of such minimal care as to justify the belief that there was a conscious disregard or indifference for the health, safety, or welfare of the patient or the public and shall be considered a substantial departure from the accepted standard of care;
      2. (ii) "Other causes" shall include but not be limited to the inability to practice nursing because of physical and/or psychological impairment;

8. (8) "Unprofessional conduct" includes, but is not limited to, the conduct listed below:

   1. (A) Failing to assess and evaluate a patient's status or failing to institute nursing intervention which might be required to stabilize a patient's condition or prevent complications;
   2. (B) Failing to accurately or intelligibly report or document a patient's symptoms, responses, progress, medications, and/or treatments;

   3. (C) Failing to make entries, destroying entries, and/or making false entries in records pertaining to the giving of:

      1. (i) Narcotics;
      2. (ii) Drugs; or
      3. (iii) Nursing care;
   4. (D) Unlawfully appropriating medications, supplies, equipment, or personal items of the patient or employer;
   5. (E) Failing to administer medications and/or treatments in a responsible manner;
   6. (F) Performing or attempting to perform nursing techniques and/or procedures in which the nurse is untrained by experience or education, and practicing without the required professional supervision;
   7. (G) Violating the confidentiality of information or knowledge concerning the patient except where required by law;
   8. (H) Causing suffering, permitting or allowing physical or emotional injury to the patient, or failing to report the same in accordance with the incident reporting procedure in effect at the employing institution or agency;
   9. (I) Leaving a nursing assignment without notifying appropriate personnel;
   10. (J) Failing to report to the Arkansas State Board of Nursing within a reasonable time of the occurrence, any violation or attempted violation of the Arkansas Nurse Practice Act or duly promulgated rules or orders;
   11. (K) Delegating nursing care functions and/or responsibilities in violation of the Arkansas Nurse Practice Act and the Arkansas State Board of Nursing Rules, Delegation, 17 CAR pt. 124;
   12. (L) Failing to supervise persons to whom nursing functions are delegated or assigned;
   13. (M) Practicing nursing when unfit to perform procedures and make decisions in accordance with the license held because of physical, psychological, or mental impairment;
   14. (N) Failing to conform to the Standard Precautions for preventing contact with blood or other potentially infectious materials;
   15. (O) Providing inaccurate or misleading information regarding employment history to an employer or the Arkansas State Board of Nursing;
   16. (P) Failing or refusing a drug screen as requested by employer or Arkansas State Board of Nursing;
   17. (Q) Engaging in acts of dishonesty that relate to the practice of nursing;
   18. (R) Failure to display appropriate insignia to identify the nurse during times when the nurse is providing health care to the public;
   19. (S) Failure to repay loans to the Nursing Student Loan Program as contracted with the Arkansas State Board of Nursing;
   20. (T) Failure to comply with the terms and conditions of the Letter of Reprimand, Board Order, Consent Agreement, or the Alternative to Discipline contract;
   21. (U) Failure to establish and maintain a professional boundary;
   22. (V) Performing a healthcare related act that is prohibited by statute or rule, or failing to perform a healthcare related act that is required by statute or rule; and
   23. (W) Any other conduct that, in the opinion of the Arkansas State Board of Nursing, is likely to deceive, defraud, injure, or harm a patient or the public by an act, practice, or omission that fails to conform to the accepted standards of the nursing profession; and

9. (9) "Willfully" shall include but not be limited to:

   1. (A) Continuing action after notice by the Arkansas State Board of Nursing;
   2. (B) Disregarding the expiration date of the license;
   3. (C) Providing false, incorrect, or incomplete information to the employer regarding the status of the license;
   4. (D) Performing acts beyond the authorized scope of the level of nursing for which the individual is licensed, and practicing without required professional supervision; and
   5. (E) Failing to follow the Nurse Practice Act of the State of Arkansas and its rules.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "HISTORY: Amended: January 1, 2018; December 29, 2018 Amended: February 22, 2022; June 15, 2024"