First off, this is not meant as any legal advice, per TOS, just some thoughts regarding OP's "hypothetical" situation--
Said nurse could be considered having a "conflict of interest" by taking said assignment to begin with. Most facilities have strict rules on that. If the unit nurse moonlights as a home health nurse, then that could be different--however, seems like the home health "needs" were in part being covered by a private duty nurse (nurse in question). That doesn't make sense to me--
However, call me jaded, but seems as if this was a convenient excuse to have an affair--"come be my kid's--ahem--nurse...private duty!!" What a convenient way to get out of the house, be somewhere you are supposed to be, and no one is the wiser. And no matter how much someone is a liar, it takes proof to go to the BON--and if there is no paperwork, no re-imbursement from insurance, etc and this was just a tall tale to have an affair, then being unsavory may not make a great nurse, however, it would be a hard sell to the BON.
This is all based on complete gossip and hear-say. No one can prove anyone was having an affair. But the holes in this are was the nurse employed by an agency? Or was the nurse doing this out of the kindness of his heart? (<---slight sarcasm).
Sounds to me, if something did take place--and again, the dynamics are unclear, and who knows what actually happend-- said nurse had little boundries, got caught up with Mom of child, inappropriate emotions ran wild, "I have to see you again" stuff, "I am married"----"Hey YOUUUUU could be the nurse and come to the house" and then it went on from there. Wife could have questioned why there was no extra paycheck. Again, this all has to be proven.
This nurse could lose his job on the fact that he could have violated a policy of the facility in which he works. If one can prove that he did so. Otherwise, it is all hear-say, and no one knows what actually happend in the home.
I just hope the kid was taken care of appropriately, by someone who put the needs of the patient before any other wants/needs...