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 competence which are necessary to prevent substantial risk or harm to a client;

(6) violating the confidentiality of information or knowledge concerning a client;

(7) neglecting or abusing a client by one of the following means:

(A) physically;

(B) emotionally;

(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 but not limited to forging prescriptions or unlawfully distributing drugs or narcotics;

(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, through proper channels, facts known to the nurse regarding incompetent, unprofessional, or illegal practice of a health care provider unless it has already been reported and the provider is already participating in a treatment or educational program approved by the appropriate board;

(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 nurse practitioner, to use the title nurse practitioner or advanced nurse practitioner, or the abbreviation NP or ANP or any other words, letters, signs, or figures to indicate that the person is an advanced nurse practitioner;

(16) for an advanced nurse practitioner to perform duties other than those specified in 12 AAC 44.430;

(17) for any person not authorized to practice as a 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 registered nurse anesthetist;

(18) for a registered nurse anesthetist to perform duties outside the scope of practice described in 12 AAC 44.510;

(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 nurse practitioner with prescriptive and dispensing authority, prescribing or dispensing a prescription outside of the advanced nurse practitioner'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.

History: Eff. 4/27/83, Register 86; am 11/7/87, Register 104; am 4/9/94, Register 130; am 11/10/2002, Register 164; am 7/22/2004, Register 171; am 10/15/2004, Register 172

Authority: AS 08.68.100

Editor's note: 12 AAC 44.770 formerly appeared as 12 AAC 44.905. As of Register 103, the section was renumbered as 12 AAC 44.770. The history note for 12 AAC 44.770 reflects the history of the section both before and after renumbering.

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.