State boards and ethical behavior

allnurses Guide · Oct 29, 2017

How do you find your state board of nursing deals with unethical behavior off the job? Do they duck behind the "no statutory issues involved" or does your state board deal with egregious behavior even if no laws were broken?

Most BON's will not go looking through your background unless a specific complaint has been filed against you. Off duty behavior can be reported and investigated. That is just one way many nurses get referred to the BON for substance abuse issues (DUI specifically). Many State BON's have provisions that require a nurse to "Be of good moral character" and refrain from "Acts of moral turpitude." These requirements are often vague but I did post a list of such acts somewhere on this site. I'll try to search it out and post it here.

Hppy

allnurses Guide · Oct 29, 2017

Here's that list. I was on a State of Michigan website that describes acts of moral turpitude with regard to foster parenting.

(a) Conviction of the license applicant, in a court of competent jurisdiction, of any crime involving a substantial misrepresentation of any material fact, including any of the following:

(i) Bribery.

(ii) Fraud.

(iii) Filing of false claims.

(iv) Aiding or abetting the filing of false claims.

(v) Allowing an establishment to be used for illegal purposes.

(b) Conviction of the license applicant, in a court of competent jurisdiction, of any crime involving any of the following:

(i) Homicide.

(ii) Murder.

(iii) Manslaughter.

(iv) Mayhem.

(v) Negligent homicide.

(vi) Attempts to commit any of the offenses specified in paragraphs (i) and (ii) of this subdivision.

(i) Assault.

(ii) Battery.

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(d) Conviction of the license applicant, in a court of competent jurisdiction, of any crime which involves a violent act, or a threat of a violent act, against a person or a crime constituting a sexual offense, which shall include any of the following:

(i) Criminal sexual conduct in any degree.

(ii) Activity for profit involving any of the following:

(A) Child abuse, neglect, or exploitation.

(B) Kidnapping.

(D) Prostitution or related crimes.

(iii) Cruelty toward, or torture of, any person.

(iv) Attempts to commit any of the offenses specified in paragraphs (i) and (iii) of this subdivision.

(e) Conviction of the license applicant, in a court of competent jurisdiction, of any of the following crimes:

(i) Robbery.

(ii) Armed robbery.

(iii) Burglary.

(iv) Receiving stolen property.

(v) Concealing stolen property.

(vi) Extortion.

(vii) Obtaining property by false pretenses.

(viii) Larceny by trick.

(ix) Larceny by conversion.

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(x) Embezzlement.

(xi) Arson.

(xii) Offenses involving narcotics, alcohol or controlled substances that result in a felony conviction.

(xiii) Offenses involving any of the following:

(A) Adulterating drugs, controlled substances, or preparations.

(B) Poisoning.

Hppy

NurseDuright · Oct 30, 2017

Here's that list. I was on a State of Michigan website that describes acts of moral turpitude with regard to foster parenting.

Thanks for the list. However, it seems to require a conviction for the board to intervene. Some boards will evade a complaint by stating no statutory issues were involved. However, as a part of the executive branch of government, they are entitled to make administrative rules regarding conduct. This seems to be how they are able to manage "impaired" nurses with drug problems. But if prosecutors are unwilling to follow up on very egregious behaviors that would ordinarily be a crime, it seems a nurse could get away with a lot of bad behavior.

guest940422 · Nov 9, 2017

Really, each board is different. I've seen nurses have their licenses put on probation for things they posted on social media if they also include they are an RN in more conservative states. I went to school with a guy who caught an assault charge and was cleared by the board in TX in only a few months. Then I have also seen the TX board discipline a nurse for not paying child support. In every case I have never seen the board look for the less severe cases. They seem to rely on self or third party reporting. But if it's in the state's practice act, they can discipline your license for it. TX even has a clause that penalizes nurses for failure to repay loans. I think you just need to be aware of what your state requires and if you are convicted or charged of any crime, don't wait until it's time to renew your license to declare it to your BON. The more transparent you are the better.