Chapter N 7

N 7.03(4)(e)1.g. g. Using any confidence of a patient to the patient’s disadvantage or for the advantage of the nurse.

N 7.03(4)(e)1.h. h. Accepting gifts which are more than minimal value or any cash from a patient or patient’s family.

N 7.03(4)(e)2. 2. This paragraph does not include providing health care services to a person with whom the nurse has a preexisting, established personal relationship where there is no evidence of or potential for exploiting the patient and contact that is necessary for a health care purpose that meets the standards of the profession.

N 7.03(4)(f) (f)

N 7.03(4)(f)1. 1. Engaging in sexual misconduct, including any of the following:

N 7.03(4)(f)1.a. a. Sexually explicit conduct, sexual contact, exposure, gratification, other sexual behavior with or in the presence of a patient.

N 7.03(4)(f)1.b. b. Conduct that may reasonably be interpreted by a patient as sexual or any verbal behavior that is sexually harassing to a patient.

N 7.03(4)(f)1.c. c. Posing, photographing or recording the body or any body part of a current or former patient, other than for health care purposes.

N 7.03(4)(f)1.d. d. Transmitting information about a patient via electronic media that can be reasonably interpreted as sexual or sexually demeaning by the current or former patient.

N 7.03(4)(f)1.e. e. Engaging or attempting to engage in sexual or seductive conduct with a former patient if doing so creates a risk that the relationship could cause harm to or exploitation of the former patient.

N 7.03(4)(f)2. 2. For the purpose of this paragraph, due to the unique vulnerability of mental health patients, including patients with substance use disorders, nurses are prohibited from engaging in or attempting to engage in sexual or seductive conduct with such former patients, a former patient’s immediate family or person responsible for the patient’s welfare, for a period of at least 2 years after the termination of nursing services.

N 7.03(5) (5) Fraud, deception or misrepresentation, including any of the following:

N 7.03(5)(a) (a) Falsifying or inappropriately altering reports, patient documentation, agency records, or other health documents.

N 7.03(5)(b) (b) Intentionally making incorrect entries in a patient’s medical record or other related documents.

N 7.03(5)(c) (c) Engaging in abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws or state laws.

N 7.03(5)(d) (d) Submitting false claims.

N 7.03(5)(e) (e) Fraud, deceit, or material omission in obtaining a license or certification or in the renewal of the license or certification.

N 7.03(5)(f) (f) Impersonating another licensee or allowing another person to use the licensee’s credential for any purpose.

N 7.03(5)(g) (g) Submitting false information in the course of an investigation.

N 7.03(5)(h) (h) Misrepresentation of credentials.

N 7.03(5)(i) (i) Misleading, false, or deceptive advertising or marketing.

N 7.03(6) (6) Unsafe practice or substandard care, including any of the following:

N 7.03(6)(a) (a) Failing to perform nursing with reasonable skill and safety.

N 7.03(6)(b) (b) Lack of knowledge, skill, or ability to discharge professional obligations within the scope of nursing practice.

N 7.03(6)(c) (c) Departing from or failing to conform to the minimal standards of acceptable nursing practice that may create unnecessary risk or danger to a patient’s life, health, or safety. Actual injury to a patient need not be established.

N 7.03(6)(d) (d) Failing to report to or leaving a nursing assignment without properly notifying appropriate supervisory personnel and ensuring the safety and welfare of the patient or client.

N 7.03(6)(e) (e) Practicing nursing while under the influence of alcohol, illicit drugs, or while impaired by the use of legitimately prescribed pharmacological agents or medications.

N 7.03(6)(f) (f) Unable to practice safely by reason of alcohol or other substance use.

N 7.03(6)(g) (g) Unable to practice safely by reason of psychological impairment or mental disorder.

N 7.03(6)(h) (h) Unable to practice safely by reason of physical illness or impairment.

N 7.03(6)(i) (i) Failure to consult or delay in consultation for clinical care beyond scope of practice

N 7.03(6)(j) (j) Failure to treat.

N 7.03(6)(k) (k) Inadequate or improper infection control practices.

N 7.03(6)(L) (L) Failure to provide medically necessary items or services.

N 7.03(6)(m) (m) Discriminating on the basis of age, marital status, gender, sexual preference, race, religion, diagnosis, socioeconomic status, or disability while providing nursing services.

N 7.03(6)(n) (n) Executing an order which the licensee knew or should have known would harm or present the likelihood of harm to a patient.

N 7.03(6)(o) (o) Failing to execute a medical order unless the order is inappropriate and the licensee reports the inappropriate order to a nursing supervisor or other appropriate person.

N 7.03(6)(p) (p) Failing to observe the conditions, signs and symptoms of a patient, record them, or report significant changes to the appropriate person.

N 7.03(7) (7) Improper supervision or allowing unlicensed practice, including any of the following:

N 7.03(7)(a) (a) Delegating a nursing function or a prescribed health function when the delegation could reasonably be expected to result in unsafe or ineffective patient care.

N 7.03(7)(b) (b) Knowingly aiding, assisting, advising, or allowing a person to engage in the unlawful practice of nursing.

N 7.03(7)(c) (c) Inappropriate or inadequate supervision or delegation.

N 7.03(7)(d) (d) Failing to supervise assigned student experiences

N 7.03(8) (8) Improper prescribing, dispensing, or administrating medication or drug related offenses, including any of the following:

N 7.03(8)(a) (a) Prescribing of any drug other than in the course of legitimate practice or as otherwise prohibited by law.

N 7.03(8)(b) (b) Dispensing of any drug other than in the course of legitimate practice or as otherwise prohibited by law.

N 7.03(8)(c) (c) Administering any drug other than in the course of legitimate practice or as otherwise prohibited by law.

N 7.03(8)(d) (d) Error in prescribing, dispensing, or administering medication.

N 7.03(8)(e) (e) Obtaining, possessing or attempting to obtain or possess a drug without lawful authority.

N 7.03 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (intro.), (d) to (g), (2) and (3), Register, May, 1990, No. 413, eff. 6-1-90; CR 13-097: r. and recr. Register July 2014 No. 703, eff. 8-1-14; corrections in (intro.), (1) (intro.), (3) (intro.), (4) (intro.), (e) (intro.), (f) (intro.), (5) (intro.), (6) (intro.), (7) (intro.), and (8) (intro.) made under s. 35.17, Stats., and renumbering in (4) (e) and (f) made under s. 13.92 (4) (b) 1., Stats., Register July 2014 No. 703; CR 15-067: am. (intro.) Register August 2016 No. 728, eff. 9-1-16; correction in (title) under s. 13.92 (4) (b) 2. Register August 2016 No. 728.