R156-31b-502. Unprofessional Conduct

  (1) "Unprofessional conduct" includes:

  (a) failing to destroy a license that has expired due to the issuance and receipt of an increased scope of practice license;

  (b) knowingly accepting or retaining a license that has been issued pursuant to a mistake or on the basis of erroneous information;

  (c) as to an RN or LPN, issuing a prescription for a prescription drug to a patient except in accordance with the provisions of Section 58-17b-620, or as may be otherwise legally permissible;

  (d) failing as the nurse accountable for directing nursing practice of an agency to verify any of the following:

  (i) that standards of nursing practice are established and carried out;

  (ii) that safe and effective nursing care is provided to patients;

  (iii) that guidelines exist for the organizational management and management of human resources needed for safe and effective nursing care to be provided to patients; or

  (iv) that the nurses employed by the agency have the knowledge, skills, ability and current competence to carry out the requirements of their jobs;

  (e) engaging in sexual contact with a patient surrogate concurrent with the nurse/patient relationship unless the nurse affirmatively shows by clear and convincing evidence that the contact:

  (i) did not result in any form of abuse or exploitation of the surrogate or patient; and

  (ii) did not adversely alter or affect in any way:

  (A) the nurse's professional judgment in treating the patient;

  (B) the nature of the nurse's relationship with the surrogate; or

  (C) the nature of the nurse's relationship with the patient;

  (f) engaging in disruptive behavior in the practice of nursing;

  (g) prescribing to oneself any controlled substance drug, in violation of Subsection R156-37-502(1)(a); and

  (h) violating any federal or state law relating to controlled substances, including self-administering any controlled substance which is not lawfully prescribed by another licensed practitioner having authority to prescribe the drug, in violation of Section R156-37-502.

  (2) In accordance with a prescribing practitioner's order and an IHP, a registered nurse who, in reliance on a school's policies or the delegation rule as provided in Sections R156-31b-701 and R156-31b-701a, delegates or trains an unlicensed assistive person to administer medications under Sections 53A-11-601, R156-31b-701 and R156-31b-701a, shall not be considered to have engaged in unprofessional conduct for inappropriate delegation.