Discipline

(a)The Board has the power to revoke, suspend or refuse to renew any license, or to place on probation or discipline in any manner specified in this Section a licensee, or to deny the application for a license upon proof to the Board that such a person:

(1)Has committed fraud or deceit in securing or attempting to secure such license;

(2)Has been convicted of a felony or a crime involving moral turpitude or has had accepted by a court a plea of nolo contendere to a felony or a crime involving moral turpitude. A true copy of the judgment of the court of competent jurisdiction (in whatever form is usual for such copies in the jurisdiction from which the record comes) shall be prima facie evidence of such conviction. In considering the possible disciplinary action, the Board shall be governed by determination that such licensee is incompetent or unsafe to continue the practice of nursing or the practice of practical nursing;

(3)Has negligently or willfully acted in a manner inconsistent with the health or safety of the person under his or her care;

(4)Has had a license to practice as a registered nurse or licensed practical nurse suspended or revoked in any jurisdiction where licensed;

(5)Has violated any provision of this Article;

(6)Has negligently or willfully practiced nursing in a manner that fails to meet generally accepted standards of such nursing practice;

(7)Has negligently or willfully violated any order, rule or regulation of the Board pertaining to nursing practice or licensure;

(8)Has falsified or, in a repeatedly negligent manner, made incorrect entries or failed to make essential entries on essential patient records; CH. 12 MEDICAL PRACTICES - PART I

(9)Is addicted or dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects;

(10)Has a physical or mental disability that renders him or her unable to perform nursing service or duties with reasonable skill or safety to the patient;

(11)Has engaged in other conduct, whether of the same or of a different character from that specified in this Section, that would constitute a crime under the laws of Guam and that related to such person’s employment as a registered nurse or licensed practical nurse;

(12)Engages in unprofessional conduct of a character likely to deceive, defraud or harm the public; or

(13)Engages in any other unprofessional conduct as identified by the Board in its rules.

(b)When the Board finds any person unqualified because of any grounds set forth in this Section, it may enter an order imposing one or more of the penalties that follow. It may:

(1)Deny his or her application for a license or other authorization to practice professional nursing or practical nursing;

(2)Administer a public or private reprimand;

(3)Suspend, limit or restrict his or her license or other authorization to practice professional nursing or practical nursing for up to five

(5)years, including limiting the practice of such person to, by exclusion of, one or more specified branches of nursing including limitation of practice privileges;

(4)Revoke his or her license or other authorization to practice professional or practical nursing;

(5)Require him or her to submit to care, counseling or treatment by persons approved or designated by the Board, as a condition for initial, continued or renewed licensure or other authorization to practice professional nursing or practical nursing;

(6)Require him or her to participate in a program of education prescribed by the Board; or

(7)Require him or her to practice under the supervision of a registered nurse designated by the Board for a specified period of time.