The unprofessional conduct rules are intended to protect clients and the public from incompetent, unethical, or illegal conduct of licensees. The purpose of these rules is to identify unprofessional or dishonorable behaviors of the registered professional nurse (RN) which the board believes are likely to deceive, defraud, or injure clients or the public. These behaviors include, but are not limited to:

1. (1) failing to know and conform to the Texas Nurse Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules, or regulations affecting the RN's current area of nursing practice;
2. (2) failing to assess and evaluate a client's status or failing to institute nursing interventions which might be required to stabilize a client's condition or prevent complications;
3. (3) failing to administer medications or treatments or both in a responsible manner;
4. (4) failing to accurately or intelligibly report and/or document a client's status including signs, symptoms, or responses and the nursing care delivered;
5. (5) failing to make entries, destroying entries, and/or making false entries in records pertaining to care of clients;
6. (6) causing or permitting physical, emotional, or verbal abuse or injury to the client or the public, or failing to report same to the employer, appropriate legal authority, and/or licensing board;
7. (7) disclosing confidential information or knowledge concerning the client except where required or allowed by law;
8. (8) when acting in the role of nurse administrator, failing to assure that strategies are in place to verify the current Texas licensure/credentials of personnel for whom he/she is administratively responsible;
9. (9) delegating nursing care functions to a person who lacks the educational preparation, experience, knowledge, or ability to perform these functions;
10. (10) making assignments of nursing care to a person who lacks the ability or knowledge to perform such assignments, or failing to supervise the delivery of nursing care for which the RN is responsible;
11. (11) accepting an assignment when one's physical or emotional condition prevents the safe and effective delivery of care or accepting an assignment for which one lacks the educational preparation, experience, knowledge, or ability;
12. (12) failing to obtain instruction or supervision when implementing nursing procedures or practices for which one lacks the educational preparation, ability, knowledge, and/or experience;
13. (13) leaving a nursing assignment without notifying one's immediate supervisor;
14. (14) failing to follow the policy and procedure for the wastage of medications at the facility where the RN was employed or working at the time of the incident;
15. (15) misappropriating, in connection with the practice of nursing, medications, supplies, equipment, or personal items of the client, employer, or any other person or entity or failing to take precautions to prevent such misappropriation;
16. (16) passing, or attempting to pass forged, altered, falsified, or unauthorized prescription(s) by electronic, telephonic, written communication, or any other means;
17. (17) providing information which was false, deceptive, or misleading in connection with the practice of professional nursing or failing to answer specific questions that would have affected the decision to license, employ, certify, or otherwise utilize an RN;
18. (18) 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;
19. (19) physically, emotionally, or financially exploiting the client or the client's significant other(s);
20. (20) failing to report to the board or to a board approved peer assistance program, if applicable, within a reasonable time of the occurrence, any violation or attempted violation of the Nurse Practice Act or duly promulgated rules, regulations, or orders;
21. (21) failing to report the unauthorized practice of professional nursing;
22. (22) failing to repay a guaranteed student loan, as provided in the Texas Education Code, §57.491.

Source Note:The provisions of this §217.13 adopted to be effective December 16, 1992, 17 TexReg 8437.