Section 380-4-1 - Disciplinary ActionA.Grounds for Discipline(1) The practice of fraud or deceit in obtaining a license under this chapter or inconnection with service rendered within the scope of the license issued;(2) Misuse of alcohol, drugs or other substances that has resulted or may result in the licensee performing services in a manner that endangers the health or safety of patients;(3) A professional diagnosis of a mental or physical condition which has resulted or may result in the licensee performing his duties in a manner which endangers the health or safety of his patients;(4) Aiding or abetting the practice of nursing by a person not duly licensed under this chapter and who represents himself to be so;(5)Incompetency in the practice for which he is licensed.A licensee shall be deemed incompetent in the practice if the licensee has: a. Engaged in conduct which evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or patient or the general public; orb. Engaged in conduct which evidences a lack of knowledge, or inability to apply principles or skills to carry out the practice for which he is licensed;(6)Unprofessional conduct.A licensee shall be deemed to have engaged in unprofessional conduct if he violates any standard of professional behavior which has been established in the practice for which the licensee is licensed;(7) Subject to the limitations of Title 5, chapter 341, conviction of a crime which involves dishonesty or false statement or which relates directly to the practice for which the licensee is licensed, or conviction of any crime for which incarceration for one year or more may be imposed;(8) Any violation of this chapter or any rule adopted by the Board of Nursing; or(9) Engaging in false, misleading or deceptive advertising.B.Initiation of Action(1) Complaints or charges shall be investigated by the Board of Nursing on its own motion, or upon receipt of a written complaint filed with the Board.(2) The licensee shall be notified of the content of a complaint filed against the licensee as soon as possible, but no later than within 60 days of the receipt of the information.(3) The licensee shall respond to the Board of Nursing within 30 days. If the response is satisfactory to the Board of Nursing and, in the opinion of the Board, the complaint does not merit further action, the matter may be dismissed.C.Disciplinary Proceedings and Sanctions(1) If the Board of Nursing determines that further action is warranted, the Board may request an informal conference with the licensee. Such conference shall be held in executive session unless otherwise requested by the licensee.(2) If the Board of Nursing finds that the factual basis of the complaint is true, the Board may take any of the following actions it deems appropriate:a. enter into a consent agreement with the licensee, orb. accept the voluntary surrender of license, orc. hold an adjudicatory hearing for modification or non renewal of license, ord. file a complaint in the Administrative Court for suspension or revocation of license.