12 AAC 44.770 - Unprofessional conduct
Nursing conduct that could adversely affect the health and welfare of the public constitutes unprofessional conduct under AS 08.68.270(7) and includes the following:
(1) failing to use
sufficient knowledge, skills or nursing judgment in the practice of nursing as
defined by the level of licensure;
(2) assuming duties and responsibilities, on
repeated occasions, without sufficient preparation or for which competency has
not been maintained;
(3) knowingly
delegating a nursing care function, task, or responsibility to another who is
not licensed under AS 08.68 to perform that function, task, or responsibility,
when the delegation is contrary to AS 08.68 or 12 AAC 44 or involves a
substantial risk or harm to a client;
(4) failing to exercise adequate supervision
over persons who are authorized to practice only under the supervision of the
licensed professional;
(5) failing
to perform acts within the nurse's scope of practice which are necessary to
prevent substantial risk or harm to a client;
(6) violating the confidentiality of
information or knowledge concerning a client this paragraph does not apply to;
(A) a case conference with other health care
professionals or students;
(B) a
case in which the client, in writing, authorized the nurse to reveal a
communication;
(C) a case where an
immediate threat of serious harm to an identifiable victim or client is
communicated to the nurse by a client;
(D) information knowledge, or facts known to
be nurse regarding incompentent, unprofessional or illegal practice of a health
core provider, and that if not reported would constitute unprofessional conduct
under (13) of this section;
(7) neglecting or abusing a client by one of
the following means:
(A)
physically;
(B)
emotionally;
(C)
verbally;
(8) using
alcohol or other drugs to the extent that the use interferes with nursing
functions;
(9) violating state or
federal laws regulating drugs, including forging prescriptions or unlawfully
distributing drugs or narcotics, or prescribing controlled substances for self
or the nurses immediate family members in this paragraph, "immediate family
members" means a parent sibling, spouse, child, parent-in-law, sibling-in-law,
step-child, same sex or opposite-sex, domestic partner;
(10) failing to maintain a record for each
client which accurately reflects the nursing problems and interventions for the
client, or falsifying a client's records or intentionally making an incorrect
entry in a client's chart;
(11)
leaving a nursing assignment without properly notifying appropriate
personnel;
(12) permitting another
person to use his or her nursing license or permit for any purpose;
(13) failing to report to the appropriate
board, through proper channels, facts known to the nurse regarding incompetent,
unprofessional, or illegal practice of a health care provider;
(14) engaging in fraud, misrepresentation, or
deceit in writing the licensing examination;
(15) for any person not authorized to
practice acts of medical diagnosis or medical therapeutics as an advanced
practice registered nurse, to use the title nurse practitioner or advanced
practice registered nurse, or the abbreviation NP or APRN or any other words,
letters, signs, or figures to indicate that the person is an advanced practice
registered nurse;
(16) for an
advanced practice registered nurse [PRACTITIONER] to perform duties other than
those specified in
12 AAC 44.430;
(17) for any person not authorized to
practice as a certified registered nurse anesthetist to use the title
registered nurse anesthetist, nurse anesthetist or certified registered nurse
anesthetist or the abbreviation CRNA or any other words, letters, signs, or
figures to indicate that the person is a certified registered nurse
anesthetist;
(18) repealed
5/16/2018;
(19) discrimination on
the basis of race, religious creed, color, national origin, ancestry or sex in
the provision of nursing services;
(20) signing a record as a witness attesting
to the wastage of controlled substances which the nurse did not actually
witness;
(21) exploiting the
patient for financial gain or offering, giving, soliciting or receiving fees
for referral of a patient or client;
(22) intentionally misappropriating
medications, property, supplies, equipment or other resources of the client or
agency for personal or unauthorized use;
(23) removal of a patient's life support
system without appropriate medical or legal authorization;
(24) untruthful or misleading advertising of
nursing services;
(25) knowingly
violating laws regulating health insurance including those laws established in
AS
21.36.360;
(26) engaging in activities that constitute
the unlicensed practice of pharmacy;
(27) for an advanced practice registered
nurse with prescriptive and dispensing authority, prescribing or dispensing a
prescription outside of the advanced practice registered nurse's scope of
practice;
(28) engaging in sexual
misconduct with a client;
(29)
harassing, disruptive, or abusive behavior by a licensee directed at staff or a
client, a client's relative, or a client's guardian;
(30) disruptive behavior by a licensee at the
workplace that interferes with the provision of client care;
(31) failing to cooperate with an official
investigation by the board's representatives, including failing to timely
provide requested information;
(32)
accepting healthcare provider orders from unlicensed assistive
personnel;
(33) failing to
cooperate with the department in an audit under of
12 AAC 02.960 -
12 AAC 02.965 of the continuing
competency activities claimed by the licensee;
(34) claiming on an application for a
license, or for renewal or reinstatement of a license, continuing competency
activities that the licensee or license applicant has not performed.
(35) offering, giving, soliciting, or
receiving fees or other benefits, in whole or in part, to a person for bringing
in or referring a patient;
(36)
prescribing, dispensing, or furnishing a prescription medication to a person
without first conducting a physical examination of that person, unless the
licensee has a patient- APRN relationship with the person; this paragraph does
not apply to prescriptions written or medications issued for expedited partner
therapy for sexually transmitted diseases, or in response to an infectious
disease investigation, public health emergency, infectious disease outbreak, or
act of bioterrorism;
(37) use of
electronics or social media to disseminate, or sharing, posting, transmitting,
or otherwise disseminating any information online about a patient or
information gained in the nurse-patient relationship unless there is a legal
obligation to disclose the information;
(38) failure to register with the controlled
substance prescription database established under
AS
17.30.200, by a licensee who has a United
States Drug Enforcement Administration registration number;
(39) failure to check the controlled
substance prescription database established under
AS
17.30.200, by a licensee when prescribing or
dispensing a controlled substance designated schedule II or III under federal
law to a patient.
(40) failure to
provide copies of complete patient records in the licensee's custody and
control within 30 days after receipt of a written request from the patient or
the patient's guardian;
(41)
failure to notify the board of the location of patient records within 30 days
after a licensee has retired or closed a practice;
(42) failure to maintain patient
documentation in complincere with
45 C.F.R.
164.530(j) (Health Insurance
Privacy and Accountability Act (HIPAA)).
Notes
Authority:AS 08.68.100
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