Disciplinary proceedings

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  • (a) The Board may deny, revoke or suspend any license to practice nursing issued by the Board or applied for in accordance with the provisions of this subchapter, upon proof that the person—

    • (1) is guilty of fraud or deceit, in procuring or attempting to procure a license to practice nursing;

    • (2) is guilty of a felonious act;

    • (3) is incompetent by reason of negligence;

    • (4) is addicted to the use of a drug which interferes with the competent function of any duties;

    • (5) is mentally ill; or

    • (6) is guilty of violating the nursing profession Code of Ethics, or has willfully and repeatedly violated any of the provisions of this subchapter.

  • (b) Upon the filing of a sworn complaint with the Board charging a person with having been guilty of any action specified in subsection (a) of this section as grounds for disciplinary action, the Board shall appoint members to investigate the charge, together with a notice of the hearing, to be served on the accused at least 20 days prior thereto. The attendance of witnesses and production of evidence at the hearing may be compelled by subpoena issued by the Board, which shall be served in accordance with law. The accused shall have the right to appear personally or by counsel or both, to procure witnesses, and to offer evidence on his or her behalf. A complete stenographic record of all hearings shall be kept and made available in the case of appeals. Appeals from decisions of the Board may be made to a competent court of law.

  • (c) If the accused is found guilty of the charges the Board may refuse to issue a license to the applicant or may revoke or suspend the license.

  • (d) A revoked or suspended license may be reissued after one (1) year in the discretion of the Board.


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