gross negligence

Home Health Columnist / Guide · Jan 26, 2009

pa board of nursing regs:

pn law

the "practice of practical nursing" means the performance of selected

nursing acts in the care of the ill, injured or infirm under the direction of

a licensed professional nurse, a licensed physician or a licensed dentist

which do not require the specialized skill, judgment and knowledge required in

professional nursing

section 16. refusal, suspension or revocation of license; grounds.-(a)

the board may refuse, suspend or revoke any license in any case where the

board shall find, that the licensee

(1) is guilty of gross immorality;

(2) is unfit or incompetent by reason of negligence, habits or other

causes;

(3) has wilfully or repeatedly violated any of the provisions of this act

or of the regulations of the board;

(4) has committed fraud or deceit in the practice of practical nursing or

in securing his or her admission to such practice or to practical nursing

school;

(5) has been convicted or has pleaded guilty or entered a plea of nolo

contendere or has been found guilty by a judge or jury of a felony or a crime

of moral turpitude in the courts of this commonwealth, the united states, or

any other state, territory or country, or has received probation without

verdict, disposition in lieu of trial or an accelerated rehabilitative

disposition in the disposition of felony charges, or has been dishonorably

discharged or has been discharged under circumstances amounting to

dishonorable discharge from the military forces of the united states or of any

other country;

(6) is addicted to alcohol or is addicted to hallucinogenic or narcotic

drugs or other drugs which tend to impair judgment or coordination, so long as

such dependence shall continue, or if he or she has become mentally

incompetent. in enforcing this clause, the board shall, upon probable cause,

have authority to compel a licensee to submit to a mental or physical

examination as designated by it. after notice, hearing, adjudication and

appeal as provided in section 17, failure of a licensee to submit to such

examination when directed shall constitute an admission of the allegations

against him or her unless failure is due to circumstances beyond his or her

control, consequent upon which default and final order may be entered without

the taking of testimony or presentation of evidence. a licensee affected under

this clause shall at reasonable intervals be afforded an opportunity to

demonstrate that he or she can resume a competent practice of practical

nursing with reasonable skill and safety to patients;

(7) is continuing to practice nursing when such licensee knows he or she

has an infectious, communicable or contagious disease;

(8) has been guilty of unprofessional conduct or such conduct as to

require a suspension or revocation in the public interest;

(9) has had his or her license suspended or revoked, or received other

disciplinary action by the proper licensing authority in another state,

territory, possession or country;

(10) has acted in such a manner as to present an immediate and clear

danger to the public health or safety

section 17.4. injunction or other process.-it shall be unlawful for any

person to practice or attempt to offer to practice practical nursing, as

defined in this act, without having at the time of so doing a valid,

unexpired, unrevoked and unsuspended license issued under this act. the

unlawful practice of practical nursing as defined in this act may be enjoined

by the courts on petition of the board or the commissioner of professional and

occupational affairs. in any such proceeding, it shall not be necessary to

show that any person is individually injured by the actions complained of. if

it is determined that the respondent has engaged in the unlawful practice of

practical nursing, the court shall enjoin him or her from so practicing unless

and until he or she has been duly licensed. procedure in such cases shall be

the same as in any other injunction suit. the remedy by injunction hereby

given is in addition to any other civil or criminal prosecution and

punishment

rules and regulations

practical nurses ... 21.141

functions of the lpn.

standards of nursing conduct.

21.148. standards of nursing conduct.
(a) a licensed practical nurse shall:
(1) undertake a specific practice only if the licensed practical nurse has the necessary knowledge, preparation, experience and competency to properly execute the practice.
(2) respect and consider, while providing nursing care, the individual's right to freedom from psychological and physical abuse.
(3) act to safeguard the patient from the incompetent, abusive or illegal practice of any individual.
(4) safeguard the patient's dignity, the right to privacy and the confidentiality of patient information. this standard does not prohibit or affect reporting responsibilities under 23 pa.c.s. chapter 63 (relating to the child protective services law), the older adults protective services act (35 p. s. 10211--10224) and other statutes which may mandate reporting of this information.
(5) document and maintain accurate records.
(b) a licensed practical nurse may not:
(1) knowingly aid, abet or assist another person to violate or circumvent a law or board regulation.
(2) discriminate, while providing nursing services, on the basis of age, marital status, sex, sexual preference, race, religion, diagnosis, socioeconomic status or disability.
(3) knowingly permit another individual to use his license or temporary permit for any purpose or knowingly permit the unlicensed person under the licensed practical nurse's jurisdiction or supervision to misrepresent that the individual is a licensed nurse.
(4) misappropriate equipment, materials, property, drugs or money from an employer or patient.
(5) solicit, borrow or misappropriate money, materials or property from a patient or the patient's family.
(6) leave a nursing assignment prior to the proper reporting and notification to the appropriate department head or personnel of such an action.
(7) knowingly abandon a patient in need of nursing care. abandonment is defined as the intentional deserting of a patient for whom the nurse is responsible.
(8) falsify or knowingly make incorrect entries into the patient's record or other related documents.
(9) engage in conduct defined as a sexual violation or sexual impropriety in the course of a professional relationship.
© failure to comply with an obligation or prohibition imposed by this section is subject to disciplinary and corrective measures under section 16 of the act (63 p. s. 666).
(d) the board may, in addition to any other disciplinary or corrective measure set forth in this section, levy appropriate civil penalties as authorized by section 15 of the act (63 p. s. 665) upon a nurse found to have engaged in conduct constituting a sexual impropriety or sexual violation.

gross negligence is often defined as a deviation from the professional standards so egregious that it demonstrates a conscious indifference to a professional duty. pa board of nursing does not have specific language re gross negligence; however violation of the above standards often cited by board of nursing in its disciplinary actions