Alabama Administrative Code
Title 610 - ALABAMA BOARD OF NURSING
Chapter 610-X-14 - MEDICATION ASSISTANT, CERTIFIED (MAC)
Section 610-X-14-.21 - Grounds For Discipline Of, Denial Of Renewal Of, Or Denial Of Reinstatement Of A Permit

Universal Citation: AL Admin Code R 610-X-14-.21

Current through Register Vol. 42, No. 11, August 30, 2024

The Board may deny, reprimand, fine, accept the voluntary surrender of, or revoke any permit issued pursuant to this chapter, upon proof that the person:

(1) Is guilty of fraud or deceit in procuring or attempting to procure a permit by:

(a) Filing false, forged or altered documents or credentials, including required continuing education documentation.

(b) Misrepresenting or falsifying facts in applying for an original permit, or renewal, reactivation, or reinstatement of a permit.

(c) Having another person appear for a permit, licensing or certification examination.

(2) Has been convicted of a felony.

(3) Is guilty of a crime involving moral turpitude or of gross immorality that would tend to bring reproach upon the nursing profession.

(a) For purposes of this rule a person is guilty of a crime if the person:
1. Has been convicted of the crime.

2. Regardless of court disposition, has entered a plea of guilty, o contest, nolo contendere, not guilty by reason of insanity, or other similar plea, or has stipulated that a prima facie case exists that would support conviction.

(b) For purposes of this rule, a crime involving moral turpitude or of gross immorality that would tend to bring reproach upon the nursing profession is any crime, whether felony or misdemeanor, that involves:
1. Drugs.

2. Theft.

3. Lewdness or any sexual offense.

4. Abuse.

5. Violence.

6. Fraud.

7. Any other conduct detrimental to the public's health, safety or welfare.

(4) Is unfit or incompetent due to the use of alcohol, or is addicted to the use of habit-forming drugs to such an extent as to render the Medication Assistant, Certified unsafe or unreliable as a licensee as demonstrated by one or more of the following:

(a) Testing positive for alcohol and/or unauthorized mood- altering drugs.

(b) Misappropriation or diversion of drugs from the workplace for self-use.

(c) Obtaining or attempting to obtain an unauthorized prescription by fraudulent means for self-use.

(d) A pattern of abuse or misuse of habit forming and/or mood-altering drugs or alcohol.

(e) Impairment while on duty due to alcohol or the use of illegal, unauthorized, or duly authorized mood-altering drugs.

(f) Refusal to submit to drug screen.

(g) Submission of or attempt to submit a diluted, adulterated, or substituted specimen for drug testing.

(h) The use of alcohol or habit forming or mood-altering drugs to such an extent that medical or psychiatric treatment, rehabilitation, or counseling is sought by the Medication Assistant, Certified or is recommended by a legally authorized prescriber.

(i) Admitting to a substance use disorder.

(5) Is unable to safely practice with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition, as demonstrated by one or more of the following:

(a) Testing positive for alcohol and/or unauthorized mood-altering drugs.

(b) Misappropriation or diversion of drugs from the workplace for self-use.

(c) Obtaining or attempting to obtain an unauthorized prescription by fraudulent means for self-use.

(d) A pattern of abuse or misuse of habit forming and/or mood-altering drugs or alcohol.

(e) Impairment while on duty due to alcohol or the use of illegal, unauthorized, or duly authorized mood-altering drugs.

(f) Refusal to submit to drug screen.

(g) Submission of or attempt to submit a diluted, adulterated, or substituted specimen for drug testing.

(h) The use of alcohol or habit forming or mood-altering drugs to such an extent that medical or psychiatric treatment, rehabilitation, or counseling is sought by the licensed nurse or is recommended by a legally authorized prescriber.

(i) Admitting to a substance use disorder.

(j) More than one alcohol or drug-related arrest within a five-year period.

(k) A mental or physical condition which renders the Medication Assistant, Certified unable to safely practice with reasonable skill and safety as demonstrated by one or more of the following:
1. Conduct that poses a serious risk of harm to the Medication Assistant, Certified or any other person.

2. Cognitive deficits that render a licensed nurse unable to exercise appropriate nursing judgment.

3. Impairment of functional capacity.

4. Inappropriate or disruptive behavior in the workplace.

5. A judicial finding of incompetence.

6. Any other conduct in the workplace that suggests an inability to safely practice with reasonable skill and safety to patients.

(6) Has been convicted of any violation of a federal or state law relating to controlled substances, including misdemeanor and felony offenses.

(7) Is guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters pertaining to health, as demonstrated by one of more of the following:

(a) Failure to practice in accordance with the standards adopted by the Board in Alabama Board of Nursing Administrative Code Chapters 610-X-14.

(b) Practice beyond the scope of the Medication Assistant, Certified's practice, as determined by, but not limited to:
1. Educational preparation.

2. Permit status.

3. State and federal statutes and regulations, including, but not limited to, Chapter 610-X-14 of the Alabama Board of Nursing Administrative Code.

4. State and national standards appropriate to the type of practice.

5. Facility policy.

6. Knowledge, skills and ability to manage risks and potential complications.

7. Required instruction and supervision.

(c) Failure to perform an evaluation of a patient's status.

(d) Failure to implement the plan of care or institute interventions that might be required to stabilize a patient's condition or to prevent complications.

(e) Failure to:
1. Use appropriate judgment.

2. Administer medications and treatments in a responsible manner.

3. Demonstrate competence in administering or carrying out patient care.

4. Document nursing care.

5. Account for controlled substances.

(f) Falsifying, altering, destroying, or attempting to destroy patient, employer or employee records.

(g) Abandoning or neglecting patients.

(h) Failure to respect or safeguard the patient's, or significant other's, dignity, right to privacy, safety, and confidential health information unless disclosure is required by law.

(i) Failure to maintain professional boundaries.

(j) Intentionally or negligently causing or permitting one or more of the following to a patient:
1. Physical abuse.

2. Sexual abuse.

3. Emotional abuse.

4. Verbal abuse.

5. Willful harassment or intimidation.

6. Financial exploitation.

(k) Permitting a dual relationship with a patient to disrupt, delay, or inappropriately influence the care provided to that patient or any other patient.

(l) Exhibiting inappropriate unprofessional or disruptive conduct or behavior in the workplace.

(m) Engaging in fraud, deceit, or misrepresentation in seeking employment, practicing, seeking to practice, or advertising by:
1. Falsification, alteration, or forgery of a permit, identification card, license, or credentials.

2. Falsification or misrepresentation of credentials, permit status, or educational background.

3. Forgery of educational documents.

4. Falsification, misrepresentation, or forgery of employment records.

5. Falsification or misrepresentation of any information on an application for employment.

(n) Intentionally or negligently is representing or falsifying facts in billing a patient or any public or private third-party payor.

(o) Aiding, abetting, directing, or assisting an individual to violate or circumvent any law or rule intended to guide the conduct of a licensed nurse, Medication Assistant, Certified, or any other licensed health care provider.

(p) Personal use of unauthorized or illegal drugs or substances, which includes taking medication prescribed for someone else.

(q) Testing positive for unauthorized or illegal mood-altering drugs or substances.

(r) A pattern of abuse or misuse of habit forming and/or mood- altering drugs or substances or alcohol.

(s) Practicing, attempting to practice, or continuing to practice when the Medication Assistant, Certified is unable to perform with reasonable skill and safety due to the licensed nurse's mental or physical impairment resulting from:
1. Alcohol.

2. Unauthorized, duly authorized, or illegal drugs or substances.

(t) Obtaining or attempting to obtain controlled drugs or substances without direction from a legally authorized prescriber or through fraudulent means.

(u) Furnishing or administering drugs or controlled substances to any person.

(v) Misappropriation, diversion, or attempted misappropriation or diversion, of drugs or substances from the workplace.

(w) Refusal to submit to drug screen.

(x) Appropriating real or personal property of a patient, employer, or any other person or entity; or failing to take precautions to prevent misappropriation of real or personal property of a patient, employer, or any other person or entity.

(y) Failure to report illegal, substandard, unethical, unsafe or incompetent practice or disciplinary action in any state, territory, country, or other jurisdiction.

(z) Having a license, registration, privilege to practice, permit or certification denied, conditionally issued, fined, reprimanded, censured, restricted, limited, placed on probation, suspended, revoked, voluntarily surrendered, or otherwise encumbered in any state, territory, country, or other jurisdiction, or having been court- martialed or administratively discharged by a branch of the United States Armed Forces, for any act or conduct which would constitute grounds for disciplinary action in Alabama.

(aa) Violation of any provision of the Alabama Nurse Practice Act, the Alabama Board of Nursing Administrative Code, or any state or federal law pertaining to matters of health which is likely to deceive, defraud, or injure the public.

(bb) Non-compliance with a monitoring agreement or contract with an alternative to discipline program or order issued in another jurisdiction pertaining to any license, certification, permit or registration for a health-related profession or occupation.

(8) Has willfully or repeatedly violated any of the provisions of the Alabama Nurse Practice Act, by:

(a) Failing to respond to official Board correspondence, including but not limited to:
1. Requests for information.

2. Subpoenas.

3. Notices.

(b) Practicing, seeking to practice, or attempting to practice as a Medication Assistant, Certified without an active permit.

(c) Impersonating an applicant for a permit or license or allowing another person to use the Medication Assistant, Certified's permit.

(d) Continued violation of any statute or rule after notice by the Board.

(e) Failure to comply with any stipulated terms and conditions of any Board order, agreement, or contract.

(9) Having been sentenced to a period of continuous incarceration serving a penal sentence for the commission of a misdemeanor or felony. The disciplinary action shall remain in effect until the board acts upon the application of the licensee for reinstatement of the license.

(10) Payment of any fees or fines to the Board with a worthless check, invalid credit card, or by any other method that is not honored by the financial institution.

(11) Any other reasons authorized by law.

Author: Alabama Board of Nursing

Statutory Authority: Code of Ala. 1975, § 34-21-2.1.

Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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