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
Universal Citation: 12 AK Admin Code 44.870
Current through February 24, 2025
(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.
Authority:AS 08.01.075
AS 08.68.100
AS 08.68.331
AS 08.68.334
Disclaimer: These regulations may not be the most recent version. Alaska 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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