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Discipline, Delegation, Telenursing MBP 2015 Kathleen Russell
5/5/2016 3:01:10 PM
48 Jurisdictions Included in the report:
Table of Contents
1 . Terminology
2 . Agency Type
3 . Required Reporting to Law Enforcement
4 . Mandatory Reporting to Board of Nursing
5 . Board of Nursing Investigation/Discipline practices
6 . Subpoena Power
7 . Malpractice Payment Reports
8 . Evaluations during Investigation
9 . Disciplinary Proceedings, Standard of Proof, Actions
10 . Payment of Fees
11 . Required Disciplinary Actions
12 . Non-disciplinary Alternative Programs
13 . References to Delegation
14 . Telenursing/telehealth
Alabama (AL) Arizona (AZ) Arkansas (AR) California-RN (CA-RN) California-VN (CA-VN)
Colorado (CO) Connecticut (CT) Delaware (DE) District of Columbia (DC) Florida (FL)
Georgia (GA) Guam (GU) Hawaii (HI) Idaho (ID) Illinois (IL)
Iowa (IA) Kansas (KS) Kentucky (KY) Louisiana-RN (LA-RN) Maine (ME)
Maryland (MD) Massachusetts (MA) Minnesota (MN) Mississippi (MS) Missouri (MO)
Montana (MT) Nevada (NV) New Hampshire (NH) New Jersey (NJ) New Mexico (NM)
North Carolina (NC) North Dakota (ND) Northern Mariana Islands (CNMI)
Ohio (OH) Oklahoma (OK)
Oregon (OR) Pennsylvania (PA) South Carolina (SC) South Dakota (SD) Tennessee (TN)
Texas (TX) Utah (UT) Vermont (VT) Virginia (VA) Washington (WA)
West Virginia-PN (WV-PN)
Wisconsin (WI) Wyoming (WY)
11 Jurisdictions not included in the report due to non-response:
Alaska (AK) American Samoa (AS) Indiana (IN) Louisiana-PN (LA-PN) Michigan (MI)
Nebraska (NE) Nebraska-AP (NE-APRN)
New York (NY) Rhode Island (RI) Virgin Islands (VI)
West Virginia-RN (WV-RN)
Page 1 of 34Discipline, Delegation, Telenursing MBP 2015
Back To Table of Contents
Member Board Profile Terminology
In this survey, the words Complaint and Case are used, those terms are defined below:
Complaint: An allegation received by the Board of Nursing related to a specfic licensee.
Case: A complaint that rises to the Board of Nursing threshold that a violation of the Nurse Practice Act may have occurred and merits investigation/collection of evidence.
The following terms are used throughout all profiles:
Board of Nursing: Jurisdiction's governmental agency responsible for the regulation of nursing practice. Includes any other terminology to refer to the regulatory authority (i.e. commission, examiners, registration, jurisdiction). When referring to board of nursing, the reference collectively includes Board Members, Executive Officer and Staff.
Jurisdiction: Refers to state, territory or district where a board of nursing is located. May also be used to refer generally to the board of nursing in a particular jurisdiction.
Board Staff: Staff of the board of nursing
Executive Officer: Person responsible for running the board of nursing. Includes any other terminology to refer to that authorized person (i.e. Executive Director)
Board Member: Member of the governing body of the board of nursing as outlined by statute
Practical nurse or PN: licensed practical or vocational nurse (LPN/LVN)
Page 2 of 34Discipline, Delegation, Telenursing MBP 2015
Terminology 1.1
Back To Table of Contents
Agency Type:
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Independent agency within state government
AL, AR, AZ, CNMI, IA, ID, KS, KY, LA-RN, MD, ME, MN, MO, MS, ND, NM, NV, OH, OK, OR, SD, TX, WV-PN, WY 24 50%
Board within an umbrella state agency
CA-RN, CA-VN, CO, CT, DC, DE, FL, GA, GU, HI, IL, MA, MT, NH, NJ, PA, SC, TN, UT, VA, VT, WA, WI 23 48%
Independent agency outside state government
NC 1 2%
Page 3 of 34Discipline, Delegation, Telenursing MBP 2015
Agency Type 2.1
Back To Table of Contents
Is child, elder, vulnerable adult abuse by a licensee required to be reported to law enforcement or another agency?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No GA, MT, NC, WI, WV-PN 5 11%
YesAL, AR, AZ, CA-RN, CA-VN, CNMI, CO, CT, DC, DE, FL, GU, HI, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, ND, NH, NJ, NM, NV, OH, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WY
42 89%
Page 4 of 34Discipline, Delegation, Telenursing MBP 2015
Required Reporting to Law Enforcement 3.1
Back To Table of Contents
Is there a provision requiring mandatory reporting of violations of the nurse practice act?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No CA-RN, CO, CT, HI, ID, MT, SD 7 15%
YesAL, AR, AZ, CA-VN, CNMI, DC, DE, FL, GA, GU, IA, IL, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV-PN, WY
41 85%
Page 5 of 34Discipline, Delegation, Telenursing MBP 2015
Mandatory Reporting to Board of Nursing 4.1
Are any of the following allowed as exception to the mandatory reporting requirement? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Mandatory reporting of substance use disorder is not required if the nurse is monitored by an employer or an Alternative to Discipline Program.
DC, FL, IL, MD, ME, MN, MS, NJ, TN, UT 10 26%
Mandatory reporting is not required by a nurse who has a bona fide health professional-patient relationship with a licensee or applicant
AZ, GA, IA, KS, MA, NM, NV, PA, TX, WA 10 26%
Mandatory reporting pertains only to hospital and other health care institutions
0 0%
Mandatory reporting is not required if violations of the nurse practice act are not directly observed
MA 1 3%
None AL, AR, CA-VN, CNMI, DE, GU, KY, LA-RN, MO, NC, ND, NH, OH, OR, VA, VT, WI, WV-PN, WY 19 49%
Page 6 of 34Discipline, Delegation, Telenursing MBP 2015
Mandatory Reporting to Board of Nursing 4.2
Back To Table of Contents
Who conducts investigations of complaints against licensees? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Executive Officer AL, AR, GU, ME, MS 5 11%
RN or PN investigative Board of Nursing staff
AL, AR, AZ, CNMI, GU, IA, ID, KS, KY, LA-RN, MA, MD, MN, MS, NC, ND, NJ, NM, NV, OH, OR, SD, TX, WA, WV-PN, WY 26 55%
Non-nursing investigative Board of Nursing staff
AL, AR, AZ, CA-RN, CA-VN, CT, IA, LA-RN, MA, ME, MO, MS, MT, NC, NJ, NM, OH, OR, PA, TX, VA, WA, WY 23 49%
Non-nursing investigative staff from another department/division
CA-RN, CA-VN, CO, DC, DE, FL, GA, GU, IL, MN, MS, NJ, SC, UT, VA, VT, WI 17 36%
Office of Attorney General CO, DE, GU, ME, MN, MS, NH 7 15%
Attorney AL, GU, MS, NH 4 9%
RN or PN investigative staff from another department/division
AR, CT, FL, MA, MS, NJ, OK, TN, VA, VT 10 21%
Page 7 of 34Discipline, Delegation, Telenursing MBP 2015
Board of Nursing Investigation/Discipline practices 5.1
Does the Board of Nursing utilize any of the following practices? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Online complaint submission
AL, AR, AZ, CA-RN, CA-VN, CO, DE, FL, GA, GU, ID, IL, KY, LA-RN, MD, MS, MT, NC, NJ, NM, NV, OH, OR, PA, UT, VA, VT, WA, WI, WV-PN, WY
31 66%
Case assignment to particular investigators
AL, AR, AZ, CT, FL, GU, IA, IL, KY, LA-RN, MA, MD, MN, MS, MT, NV, OH, OK, OR, TN, TX, UT, VA, VT, WA, WI, WV-PN 27 57%
Interview templates AL, AZ, CA-RN, FL, GA, GU, IA, ID, IL, KY, LA-RN, MA, MD, MS, NC, ND, NM, NV, OH, OK, TN, TX, VA, WI 24 51%
Report templatesAL, AZ, CA-RN, CA-VN, CO, CT, FL, GU, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MO, MS, NC, NM, NV, OK, OR, TN, TX, VA, VT, WA, WI, WY
31 66%
Expedited process for admitted allegations
AL, AZ, CT, FL, GU, ID, KY, MD, MN, MS, NC, NH, NJ, NV, OK, TN, TX, VA, WI 19 40%
Approved guidelines, policies or matrix for discipline
AL, AZ, CA-VN, CT, DC, FL, GU, ID, KS, KY, LA-RN, MA, MD, ME, MS, NC, ND, NJ, NV, OH, OK, TN, TX, VA, WA, WV-PN, WY 27 57%
None of the above 0 0%
Delegation to subcommittee for resolution of cases
CNMI, DC, DE, GU, KY, LA-RN, MD, MO, MS, NJ, SC, SD, TN, TX, VA, WA, WV-PN, WY 18 38%
Automatic suspension for noncompliance with order
AL, AZ, CT, DE, GU, IA, ID, LA-RN, MD, ME, MN, MS, NC, ND, NJ, NV, OH, OK, OR, PA, SC, TN, TX, VA, WI, WV-PN 26 55%
Page 8 of 34Discipline, Delegation, Telenursing MBP 2015
Board of Nursing Investigation/Discipline practices 5.2
Does the Board of Nursing staff have delegated authority for any of the following? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Closure of complaints through approved guidelines and policies for allegations that fall below threshold to investigate
AL, AZ, CA-RN, CA-VN, CO, DC, GA, GU, IA, ID, IL, KY, LA-RN, MA, MD, MO, MS, NJ, NV, OH, OK, SD, TX, VA, WI, WV-PN, WY 27 57%
Expediting the closure of cases where a violation has not been established
AL, AR, AZ, CA-RN, CA-VN, CO, DC, GA, GU, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MS, NC, NH, NJ, NV, OH, OK, SD, TX, VA, WI, WV-PN
31 66%
Determine priority or risk level at time of complaint assignment
AL, AR, AZ, CA-RN, CA-VN, CO, CT, DC, GA, GU, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, NC, NH, NJ, NM, NV, OH, OK, SD, TX, VA, WI, WV-PN, WY
34 72%
Offer consent agreements in particular instances
AL, AR, AZ, DC, GU, IA, ID, IL, KS, KY, LA-RN, MA, MN, MO, MS, NC, NJ, NM, NV, OH, OK, SC, SD, TX, VA, WI, WV-PN 27 57%
None of the above DE, FL, MT, OR, PA, TN, UT, WA 8 17%
Other CNMI, KS, ND, VT 4 9%
Other
KS offer alternatives to discipline to resolve
ND Disciplinary Review Panel
VT licensee qualifications including previous discipline and convictions
Page 9 of 34Discipline, Delegation, Telenursing MBP 2015
Board of Nursing Investigation/Discipline practices 5.3
Back To Table of Contents
Does the Board of Nursing have subpoena power during investigation?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No DC, HI, ID, MA, UT 5 10%
Yes
AL, AR, AZ, CA-RN, CA-VN, CNMI, CO, CT, DE, FL, GA, GU, IA, IL, KS, KY, LA-RN, MD, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, VA, VT, WA, WI, WV-PN, WY
43 90%
Page 10 of 34Discipline, Delegation, Telenursing MBP 2015
Subpoena Power 6.1
Does the Board of Nursing have subpoena power during prosecution?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No DC, HI, OR, SD, UT 5 10%
Yes
AL, AR, AZ, CA-RN, CA-VN, CNMI, CO, CT, DE, FL, GA, GU, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, PA, SC, TN, TX, VA, VT, WA, WI, WV-PN, WY
43 90%
Page 11 of 34Discipline, Delegation, Telenursing MBP 2015
Subpoena Power 6.2
Back To Table of Contents
Does the Board of Nursing receive malpractice payment reports as a result of insurers reporting to the National Practitioner Data Bank?
No
Yes, as a mandatory requirement under state law
Yes, even though there is no mandatory requirement under state law
Occasionally
No
Yes, as a mandatory requirement under state law
Yes, even though there is no mandatory requirement under state law
Occasionally
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No CNMI, GU, MT, WV-PN 4 8%
Yes, as a mandatory requirement under state law
AR, AZ, CA-RN, CA-VN, CO, CT, FL, GA, IA, IL, KS, KY, MA, MN, MO, ND, NH, NJ, NV, OK, OR, TN, TX, VA, WA, WI 26 54%
Yes, even though there is no mandatory requirement under state law
AL, DE, ID, LA-RN, ME, MS, NC, NM, OH, PA, SC, SD 12 25%
Occasionally DC, HI, MD, UT, VT, WY 6 12%
Page 12 of 34Discipline, Delegation, Telenursing MBP 2015
Malpractice Payment Reports 7.1
Are malpractice payment reports reviewed to determine if a disciplinary investigation is warranted?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No ID, NM, UT 3 7%
YesAL, AR, AZ, CA-RN, CA-VN, CO, CT, DC, DE, FL, GA, HI, IA, IL, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, NC, ND, NH, NJ, NV, OH, OK, OR, PA, SC, SD, TN, TX, VA, VT, WA, WI, WY
41 93%
Page 13 of 34Discipline, Delegation, Telenursing MBP 2015
Malpractice Payment Reports 7.2
Are malpractice payment reports stored/filed for future reference?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AR, ID, MO, NM, OH, UT 6 14%
YesAL, AZ, CA-RN, CA-VN, CO, CT, DC, DE, FL, GA, HI, IA, IL, KS, KY, LA-RN, MA, MD, ME, MN, MS, NC, ND, NH, NJ, NV, OK, OR, PA, SC, SD, TN, TX, VA, VT, WA, WI, WY
38 86%
Page 14 of 34Discipline, Delegation, Telenursing MBP 2015
Malpractice Payment Reports 7.3
Back To Table of Contents
Can the Board of Nursing require evaluation for substance use disorder during an investigation?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AL, CA-RN, CNMI, DE, HI, ID, MA, MO, MT, NC, NM, OK, TN, UT, VA, VT, WI 17 35%
YesAR, AZ, CA-VN, CO, CT, DC, FL, GA, GU, IA, IL, KS, KY, LA-RN, MD, ME, MN, MS, ND, NH, NJ, NV, OH, OR, PA, SC, SD, TX, WA, WV-PN, WY
31 65%
Page 15 of 34Discipline, Delegation, Telenursing MBP 2015
Evaluations during Investigation 8.1
Can the Board of Nursing require evaluation of physical and/or mental health during an investigation?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AL, CA-RN, CNMI, DE, HI, ID, MA, MO, MT, NC, NM, OK, TN, UT, VA, VT, WI 17 35%
YesAR, AZ, CA-VN, CO, CT, DC, FL, GA, GU, IA, IL, KS, KY, LA-RN, MD, ME, MN, MS, ND, NH, NJ, NV, OH, OR, PA, SC, SD, TX, WA, WV-PN, WY
31 65%
Page 16 of 34Discipline, Delegation, Telenursing MBP 2015
Evaluations during Investigation 8.2
Back To Table of Contents
What is the standard of proof for final adjudication?
Clear and convincing evidence
Preponderance of the evidence
Substantial evidence
Reasonable cause/suspicion evidence
Clear and convincing evidence
Preponderance of the evidence
Substantial evidence
Reasonable cause/suspicion evidence
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Clear and convincing evidence
AL, CA-RN, CA-VN, CNMI, FL, GU, IL, MD, MS, NC, OK, SC, SD, VA, WA, WY 16 33%
Preponderance of the evidence
AZ, CO, CT, DE, GA, IA, ID, KY, LA-RN, MA, ME, MN, MO, MT, ND, NH, NJ, NM, NV, OH, OR, PA, TN, TX, UT, VT, WI, WV-PN 28 58%
Substantial evidence AR, HI, KS 3 6%
Reasonable cause/suspicion evidence
DC 1 2%
Page 17 of 34Discipline, Delegation, Telenursing MBP 2015
Disciplinary Proceedings, Standard of Proof, Actions 9.1
Who hears formal disciplinary proceedings? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Hearing officer/examiner
AL, DE, GU, HI, ID, KS, KY, MA, MO, MT, OH, PA, SD, VT, WA, WV-PN, WY 17 35%
Administrative law judge
AL, AZ, CA-RN, CA-VN, CO, DC, FL, GA, GU, HI, IA, IL, MD, MN, MS, ND, NJ, SD, TX, UT, VT, WA, WI 23 48%
All board members AR, CA-RN, CNMI, CT, DC, DE, GA, GU, IA, ID, KS, MD, ME, MN, MS, NC, NH, NJ, NM, NV, OK, OR, SC, SD, UT, VA, VT, WY 28 58%
Panel/committee of board members
CO, DC, DE, GU, KS, KY, LA-RN, MD, MS, NC, NJ, OH, PA, SC, TN, UT, VA, WA 18 38%
Board chair or board member IL, KS, MS, NH, UT 5 10%
Page 18 of 34Discipline, Delegation, Telenursing MBP 2015
Disciplinary Proceedings, Standard of Proof, Actions 9.2
Which of the following disciplinary actions can be ordered? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Censure AZ, CT, IA, KS, KY, LA-RN, ME, MO, MS, MT, NV, WI, WV-PN 13 28%
Cease and desist order
AL, AR, AZ, CA-VN, CO, CT, GA, GU, ID, IL, KY, LA-RN, ME, MO, MS, MT, NC, ND, NH, NJ, NM, NV, PA, SC, TN, TX, UT, VT, WI, WY
30 64%
Reprimand
AL, AR, AZ, CA-RN, CA-VN, CO, CT, DC, DE, FL, GA, GU, IA, ID, IL, KY, LA-RN, MA, MD, ME, MN, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV-PN, WY
44 94%
RemediationAR, AZ, CA-RN, CT, DC, FL, GA, ID, LA-RN, MA, ME, MN, MS, MT, NC, ND, NJ, NM, NV, OH, OK, PA, SC, SD, TN, TX, UT, VT, WI, WV-PN, WY
31 66%
Citation Order CA-VN, GA, IA, MS, NV, PA, TN, UT 8 17%
Warnings AR, CA-VN, CNMI, CT, IA, IL, LA-RN, MA, ME, MS, NC, NJ, NM, NV, PA, SC, TN, TX, UT, VA, VT, WI, WY 23 49%
Practice limitation with probation
AL, AR, AZ, CA-VN, CNMI, CT, DE, FL, GA, IA, ID, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WV-PN, WY
41 87%
Practice limitation without probation
CA-RN, CNMI, CT, FL, GA, ID, KS, MN, MT, NC, NJ, OK, SC, SD, TX, VA, VT, WA 18 38%
ProbationAL, AR, AZ, CA-RN, CA-VN, CO, CT, DC, DE, FL, GA, IA, ID, IL, KY, LA-RN, MA, MD, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WV-PN
41 87%
Conditional Probation
AL, AR, CT, DC, FL, IA, ID, KS, KY, LA-RN, MA, MD, ME, MN, MO, MT, NC, NH, NM, NV, PA, SC, TN, TX, VA, VT, WA, WV-PN, WY 29 62%
Summary suspension
AL, AR, AZ, CO, CT, DC, FL, GA, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MS, MT, NC, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, VA, VT, WA, WI, WV-PN, WY
38 81%
Page 19 of 34Discipline, Delegation, Telenursing MBP 2015
Disciplinary Proceedings, Standard of Proof, Actions 9.3
Suspension
AL, AR, AZ, CA-RN, CA-VN, CNMI, CO, CT, DC, DE, FL, GA, GU, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV-PN, WY
47 100%
Revocation
AL, AR, AZ, CA-RN, CA-VN, CNMI, CO, CT, DC, FL, GA, GU, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV-PN, WY
46 98%
Fine/civil penaltyAL, AR, AZ, CA-VN, CO, CT, DC, FL, GA, GU, IA, KS, KY, LA-RN, MA, MD, ME, MN, MS, ND, NH, NJ, NM, NV, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WV-PN
35 74%
Assessment of costs CA-RN, CA-VN, FL, GA, GU, ID, KS, LA-RN, ME, MN, MT, NC, ND, NH, NJ, NM, NV, OK, SC, SD, TN, TX, VA, WI, WV-PN 25 53%
Surrender of licenseAR, AZ, CA-RN, CA-VN, CO, CT, DC, FL, GA, GU, IA, ID, IL, KY, LA-RN, MA, MD, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NV, OH, OK, OR, PA, SD, TN, TX, VA, VT, WI, WV-PN, WY
39 83%
Community service FL, LA-RN, NM, NV, TX 5 11%
DenialAR, AZ, CA-RN, CA-VN, CO, CT, DC, FL, GU, IA, ID, IL, KS, KY, LA-RN, MD, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV-PN, WY
42 89%
Page 20 of 34Discipline, Delegation, Telenursing MBP 2015
Disciplinary Proceedings, Standard of Proof, Actions 9.4
Back To Table of Contents
Can the licensee be ordered to pay investigative fees?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AL, AR, AZ, CNMI, CO, CT, DC, DE, IA, IL, KS, KY, MA, MD, MN, MO, MS, NC, ND, NH, OH, OR, TX, UT, VA, VT, WY 27 56%
Yes CA-RN, CA-VN, FL, GA, GU, HI, ID, LA-RN, ME, MT, NJ, NM, NV, OK, PA, SC, SD, TN, WA, WI, WV-PN 21 44%
Page 21 of 34Discipline, Delegation, Telenursing MBP 2015
Payment of Fees 10.1
Can the licensee be ordered to pay legal fees?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
NoAL, AR, AZ, CNMI, CO, CT, DC, DE, GA, IA, ID, IL, KS, KY, MA, MD, ME, MN, MO, MS, NC, ND, NH, OH, OR, PA, SD, TX, UT, VA, VT, WV-PN, WY
33 69%
Yes CA-RN, CA-VN, FL, GU, HI, LA-RN, MT, NJ, NM, NV, OK, SC, TN, WA, WI 15 31%
Page 22 of 34Discipline, Delegation, Telenursing MBP 2015
Payment of Fees 10.2
Can the licensee be ordered to pay monitoring fees?
No
Yes
Does not apply
No
Yes
Does not apply
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AR, AZ, CA-RN, CA-VN, CT, DC, FL, ID, KS, KY, MA, MN, MO, NC, NH, NM, OH, OK, OR, SC, SD, VA, VT, WA, WY 25 52%
Yes DE, GU, HI, IL, LA-RN, MD, ME, MS, ND, NJ, NV, PA, TN, TX, UT, WI, WV-PN 17 35%
Does not apply AL, CNMI, CO, GA, IA, MT 6 12%
Page 23 of 34Discipline, Delegation, Telenursing MBP 2015
Payment of Fees 10.3
Back To Table of Contents
Is the Board of Nursing required to take disciplinary action in any of the following instances? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Non-payment of child support
AR, AZ, DE, GA, GU, HI, IA, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, NC, NM, NV, OH, OR, PA, SC, TN, TX, WA, WV-PN 27 57%
Non-payment of student loan CA-VN, FL, GA, GU, HI, IA, IL, KY, LA-RN, MN, MS, TN, TX, WA 14 30%
Non-payment of alimony/spousal support
GU, IA, MN 3 6%
Non-payment of jurisdiction taxes CA-RN, DC, GU, IA, IL, KY, MA, MD, ME, MN, MO, OR 12 26%
Does not apply AL, CNMI, CO, CT, MT, ND, NH, NJ, SD, UT, VA, VT, WI, WY 14 30%
Page 24 of 34Discipline, Delegation, Telenursing MBP 2015
Required Disciplinary Actions 11.1
Back To Table of Contents
Does the Board of Nursing use non-disciplinary alternative programs for any of the following types of cases? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Substance Use Disorder
AL, AZ, CA-RN, CO, CT, DC, DE, FL, GU, HI, ID, IL, KS, KY, LA-RN, MA, MD, ME, MN, MS, MT, NC, NJ, NM, NV, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI
38 79%
Psychiatric/mental health related
AL, CA-RN, CO, CT, DC, DE, FL, GU, ID, KS, KY, LA-RN, MA, MD, MN, MS, MT, NC, NJ, NM, NV, OR, PA, SD, TN, TX, VA, VT, WI 29 60%
Physical or health related
AL, CO, CT, DC, FL, GU, KS, LA-RN, MA, MD, MN, MS, MT, NJ, NM, OR, PA, TN, VA, VT 20 42%
Practice related GU, HI, ID, MA, NC, NJ, NV, OH, OK, PA, VT, WA 12 25%
Does not apply AR, CA-VN, CNMI, GA, IA, MO, ND, NH, WV-PN, WY 10 21%
Page 25 of 34Discipline, Delegation, Telenursing MBP 2015
Non-disciplinary Alternative Programs 12.1
Does the Board of Nursing offer an in-house non-disciplinary monitoring program for Substance Use Disorder?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AR, CA-RN, CNMI, CO, CT, FL, GA, GU, HI, IA, IL, KS, ME, MN, MO, MT, ND, NH, NJ, OR, SC, SD, TN, TX, VA, WV-PN, WY 27 57%
Yes AL, AZ, DC, DE, ID, KY, LA-RN, MA, MD, MS, NC, NM, NV, OH, OK, PA, UT, VT, WA, WI 20 43%
Page 26 of 34Discipline, Delegation, Telenursing MBP 2015
Non-disciplinary Alternative Programs 12.2
Does the Board of Nursing refer the licensee to a contracted alternative to discipline program for Substance Use Disorder?
No
Yes
No
Yes
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AL, AR, AZ, DC, GA, GU, HI, IA, ID, KY, LA-RN, MA, MO, NC, ND, NH, NM, NV, OH, OK, PA, UT, VT, WA, WI, WV-PN, WY 27 57%
Yes CA-RN, CNMI, CO, CT, DE, FL, IL, KS, MD, ME, MN, MS, MT, NJ, OR, SC, SD, TN, TX, VA 20 43%
Page 27 of 34Discipline, Delegation, Telenursing MBP 2015
Non-disciplinary Alternative Programs 12.3
If the Board of Nursing uses a non-disciplinary practice-related alternative program, which of the following may be included in the alternative program? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Civil penalty KS 1 2%
Conference/meeting CA-RN, CT, DC, GU, ID, KS, KY, LA-RN, NC, NJ, OH 11 25%
Community service KS 1 2%
Continuing education CT, DC, GU, ID, KS, LA-RN, MA, MS, NC, NJ, NV, OH, OK, PA, TX, VT, WA, WI 18 41%
Fine GU, KS, LA-RN, MS, NH, OK 6 14%
Mediation KS 1 2%
Monitored practice AZ, CA-RN, CT, DC, GU, ID, KS, KY, LA-RN, MA, NC, NJ, NV, OH, PA, TX, VT, WA, WI 19 43%
Non-disciplinary probation CT, DC, ID, KS, KY, LA-RN, MA, NJ, PA, VT 10 23%
Restitution 0 0%
Self-study CT, ID, KS, NC, PA, VT, WA 7 16%
Teaching conference CT, ID, KS, NC, PA, VT 6 14%
Warning letter CT, GU, ID, KS, LA-RN, MA, MS, NC, NH 9 20%
Does not apply AR, CNMI, CO, DE, FL, GA, HI, IA, IL, MD, ME, MN, MO, ND, NM, OR, SD, TN, UT, VA, WV-PN, WY 22 50%
Page 28 of 34Discipline, Delegation, Telenursing MBP 2015
Non-disciplinary Alternative Programs 12.4
Is participation by the licensee in non-disciplinary practice-related alternative program disclosed as public information?
No
Yes
Yes, if requested
No
Yes
Yes, if requested
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No AZ, CA-RN, CT, DC, GU, LA-RN, MS, NH, NJ, NV, OH, PA, TX, VT, WA, WI 16 73%
Yes KY, MA, OK 3 14%
Yes, if requested ID, KS, NC 3 14%
Page 29 of 34Discipline, Delegation, Telenursing MBP 2015
Non-disciplinary Alternative Programs 12.5
Back To Table of Contents
Are there specific references to delegation in any of the following: (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Nurse Practice ActAZ, CA-RN, CA-VN, CNMI, CO, DE, FL, GU, HI, IA, ID, IL, KS, KY, LA-RN, ME, MN, MO, MS, MT, NC, ND, NV, OH, OK, OR, SC, SD, TX, UT, VA, VT, WA
33 70%
Rules and Regulations
AL, AR, AZ, CNMI, CO, DC, DE, FL, GU, HI, ID, IL, KS, KY, LA-RN, MA, ME, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, SD, TN, TX, UT, VA, VT, WA, WI, WV-PN, WY
38 81%
Declaratory ruling/advisory opinion
AZ, CA-RN, CT, DC, GU, KY, LA-RN, MA, MS, NV, OK, TX, WA, WY 14 30%
Position statement CA-RN, GA, GU, ID, KY, LA-RN, MO, MS, NC, ND, NV, SC, TN, TX, VT 15 32%
Written Guideline CO, ID, NC, ND, NJ, NV, OK, TN, TX, VT, WV-PN 11 23%
Does not apply PA 1 2%
Page 30 of 34Discipline, Delegation, Telenursing MBP 2015
References to Delegation 13.1
Do the references to delegation apply to registered nurses or practical nurses? (Check all that apply)
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Registered Nurses
AL, AR, AZ, CA-RN, CNMI, CO, CT, DC, DE, FL, GA, GU, HI, IA, ID, IL, KS, KY, LA-RN, MA, ME, MN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, OH, OK, OR, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV-PN, WY
45 98%
Practical NursesAL, AR, AZ, CA-VN, CNMI, CT, DC, FL, GU, HI, IA, ID, KS, KY, MA, ME, MN, MO, MS, MT, NC, ND, NH, NM, OH, OK, OR, SC, SD, TN, TX, UT, VT, WA, WY
35 76%
Page 31 of 34Discipline, Delegation, Telenursing MBP 2015
References to Delegation 13.2
Back To Table of Contents
Are there specific references to telenursing, telehealth or other terms referring to electronic practice in any of the following: (Check all that apply):
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
Nurse Practice Act HI, ID, KY, MO, NV, TN, VT 7 15%
Rules and Regulations CO, DE, HI, ID, MA, MO, NV, VT 8 17%
Declaratory rulings/advisory opinions
AZ, KY, LA-RN, MA, NH, NV, WA, WY 8 17%
Position statements CA-RN, GA, GU, ID, LA-RN, NV, TN, TX, VT 9 20%
Written Guidelines CO, GU, ID, VT 4 9%
None AL, AR, CA-VN, CNMI, CT, DC, FL, IA, IL, KS, ME, MN, MS, MT, NC, ND, NJ, NM, OH, OR, PA, SC, SD, UT, VA, WI, WV-PN 27 59%
Page 32 of 34Discipline, Delegation, Telenursing MBP 2015
Telenursing/telehealth 14.1
Does the Board of Nursing permit a nurse licensed and practicing telenursing in another jurisdiction to provide telenursing services to in-jurisdiction patients?
No
Yes
Yes, provided the practitioner has a valid Compact license
Other*
No
Yes
Yes, provided the practitioner has a valid Compact license
Other*
*PN BONs and US Territories are not displayed on the map. For detailed information, please see the text responses below.
Responses JurisdictionsNumber
of Boards
Percentage of Boards
Responding
No CA-VN, CO, GA, GU, IL, LA-RN, MN, NV, OH, OR, PA, VT, WA, WV-PN, WY 15 33%
Yes DC, HI, KS, KY 4 9%
Yes, provided the practitioner has a valid Compact license
AR, AZ, IA, ID, MO, MS, NC, ND, NH, NM, SD, TN, TX, VA, WI 15 33%
Other* AL, CA-RN, CNMI, CT, DE, FL, MA, ME, MT, NJ, UT 11 24%
Other*
AL Yes with a state license
CA-RN Yes, if the RN has a valid CA-RN license
CNMI Not in R & R,No guideline, not in nurse practice act
CT she must have a license in CT. CT is not currenlty a compact state
DE Must have valid DE license or PtoP
FL w/ a FL license
MA yes if also licensed in MA
ME Has to have a license in Maine or a MSP from another Compact state
Page 33 of 34Discipline, Delegation, Telenursing MBP 2015
Telenursing/telehealth 14.2
MT has to have a license for MT or a compact license
NJ Only if licensed in NJ
UT silent on issue
Page 34 of 34Discipline, Delegation, Telenursing MBP 2015
Telenursing/telehealth 14.3