Section 12 AAC 44.870 - Unprofessional conduct(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.Eff. 2/14/99, Register 149; am 5/29/2005, Register 174; am 5/7/2010, Register 194; am 8/10/2016, Register 219, October 2016; am 5/16/2018,Register 226, July 2018Authority:AS 08.01.075
AS 08.68.100
AS 08.68.331
AS 08.68.334