Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 44 - Board of Nursing › Article 8 - Certified Nurse Aide › 12 AAC 44.870 - Unprofessional conduct

Current through May 31, 2024
(a) A certified nurse aide, who after a
				  hearing under
				  AS
				  44.62.330-
				  44.62.630
				  (Administrative Procedure Act), is found to have committed an act or omission
				  that is described in
				  AS
				  08.68.334, or that constitutes unprofessional
				  conduct under this section, is subject to the disciplinary penalties listed in
				  AS
				  08.01.075.
(b) Unprofessional conduct includes conduct
				  that could adversely affect the health and welfare of a client, including
(1) failing to competently perform the duties
				  of a certified nurse aide;
(2)
				  assuming the duties and responsibilities of a certified nurse aide, on repeated
				  occasions, without sufficient preparation for those duties, or performing
				  duties for which competency has not been maintained;
(3) performing acts beyond the authorized
				  scope or the level for which the person is certified;
(4) failing to perform acts within the
				  certified nurse aide's scope of competence that are necessary to prevent
				  substantial risk of harm to a client;
(5) violating the confidentiality of client
				  information; this paragraph does not apply to reports by a certified nurse
				  aide, to the office of the long term care ombudsman established under AS
				  44.21.231 or to reports by a certified nurse aide under
				  AS
				  47.24.010 -
				  AS
				  47.24.015;
(6) failing to respect a client's rights and
				  dignity regardless of the client's social or economic status, the client's
				  personal attributes, or nature of the client's health problems or
				  disability;
(7) neglecting or
				  abusing a client physically, emotionally, or verbally;
(8) using alcohol or other drugs to the
				  extent that the use interferes with nurse aide functions;
(9) violating state or federal laws
				  regulating drugs, including forging prescriptions or unlawfully distributing
				  drugs;
(10) falsifying, altering,
				  or destroying client or facility records;
(11) failing to communicate information
				  regarding a client's status to appropriate individuals in an ongoing and timely
				  manner;
(12) failing to keep
				  accurate or complete records related to client care or action by the
				  facility;
(13) failing to maintain
				  current client records that accurately document management of client
				  care;
(14) leaving a certified
				  nurse aide assignment without notifying appropriate supervisory
				  personnel;
(15) providing or
				  selling information to be used by a person to procure or attempt to procure a
				  certification through fraud or misrepresentation;
(16) permitting another person to use the
				  certified nurse aide's certification for any purpose;
(17) failing to report to the appropriate
				  occupational licensing board facts known to the certified nurse aide regarding
				  incompetent, unprofessional, or illegal conduct by a practitioner of the
				  healing arts, unless the certified nurse aide is aware that the conduct has
				  already been reported and the practitioner is already participating in a
				  treatment or educational program approved by that licensing board;
(18) engaging in sexual misconduct;
(19) discriminating on the basis of a
				  client's race, religion, color, national origin, ancestry, or sex in the
				  provision of certified nurse aide services;
(20) exploiting a client for financial
				  gain;
(21) offering, giving,
				  soliciting, or receiving fees for the referral of a client;
(22) knowingly misappropriating drugs,
				  property, supplies, equipment, or other resources for personal or unauthorized
				  use;
(23) untruthful or misleading
				  advertising of certified nurse aide services;
(24) knowingly violating laws regulating
				  health insurance;
(25) harassing,
				  disruptive, or abusive behavior by a certified nurse aide directed at staff or
				  a client, a client's relative, or a client's guardian;
(26) disruptive behavior by a certified nurse
				  aide at the workplace that interferes with the provision of client
				  care;
(27) failing to cooperate
				  with an official investigation by the board's representatives, including
				  failing to timely provide requested information; and
(28) accepting or communicating verbal or
				  written orders from a healthcare provider as defined in
				  12 AAC 44.945(e) (3); and
(29) recording any part of the administration
				  of the nurse aide certification examination or removing copies or photographs
				  of any of the testing documents from the testing environment.
(30) use of electronics or social media to
				  disseminate sharing or 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.