Section 380-4-3 - Definition of Unprofessional ConductNursing behavior which fails to conform to legal standards and accepted standards of the nursing profession, and which could reflect adversely on the health and welfare of the public shall constitute unprofessional conduct and shall include, but not be limited to, the following:
A. Performing acts beyond the authorized scope of the level of nursing for which the individual is license;B. Assuming duties and responsibilities within the practice of nursing without adequate preparation or when competency has not been maintained;C. Performing new nursing techniques or procedures without proper education and practice;D. Assigning unqualified persons to perform functions of licensed nurses or delegating nursing care or nursing responsibilities to others contrary to the Law Regulating The Practice of Nursing (32, MRSA, Chapter 31) and the Rules and Regulations of the Board of Nursing and/or to the detriment of patient safety;E. Failing to supervise persons to whom nursing functions have been delegated;F. Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient;G.Abandoning or neglecting a patient requiring nursing careAbandonment of a patient is the termination of the nurse/patient relationship without the patient's consent or without first making arrangements for continuation of required nursing care by others. Reasonable notification or request for alternative care of a patient to an attending physician or to a staff supervisor prior to termination of the relationship is sufficient to permit such termination. Further, refusal to accept an employment assignment or refusal to accept a nurse/patient relationship is not considered abandonment. The nurse/patient relationship begins when responsibility for nursing care of a patient is accepted by the nurse.
H. Intentionally or negligently causing physical or emotional injury to a patient;I. Failing to safeguard the patient's dignity and right to privacy in providing services regardless of race, color, creed and status;J. Violating the confidentiality of information or knowledge concerning the patient;K. Inaccurate recording, falsifying or altering a patient or health care provider record;L. Exercising undue influence on the patient including the promotion or sale of services, goods, appliances or drugs in such a manner as to exploit the patient for financial gain of the nurse or of a third party;M. Aiding, abetting or assisting an individual to violate or circumvent any law or duly promulgated rule and regulation intended to guide the conduct of a nurse or other health care provider;N. Practicing nursing when unfit to perform procedures and make decisions in accordance with the license held because of physical, psychological or mentalim pediment;O. Practicing nursing when physical or mental ability to practice is impaired by alcoholor drugs;P. Diverting drugs, supplies or property of patients or health care provider;Q. Possessing, obtaining, furnishing or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs;R. Allowing another person to use one's nursing license or authorization for practice for any person;S. Impersonating another licensed practitioner;T. Impersonating any applicant, or acting as proxy for the applicant, in any nurse licensure examination.U. Engaging in behavior that exceeds professional boundaries including, but not limited to, sexual misconduct.