Section 12 AAC 44.720 - Disciplinary guidelines(a) The board may revoke a license if the licensee (1) commits a violation that is a second offense;(2) violates the terms of probation from a previous offense;(3) obtains or attempts to obtain, by fraud or deceit, a license to practice nursing;(4) is convicted of a felony or other crime, if the felony or other crime is substantially related to the qualification, functions, or duties of the licensee;(5) habitually abuses alcoholic beverages, or illegally uses a controlled substance, as defined in AS 11.71.900(4), to the extent that the abuse or use interferes with nursing functions, and if the licensee fails or refuses to participate in a rehabilitation program acceptable to the board;(6) impersonates another health care provider;(7) intentionally or negligently engages in conduct that results in a significant risk to the health or safety of a client or injury to a client;(8) engages in unprofessional conduct, as described in 12 AAC 44.770, if the health, safety, or welfare of another person is placed at risk; or(9) is professionally incompetent, if the incompetence results in risk of injury to a client.(b) The board may suspend a license for up to two years, followed by probation of not less than two years, if the licensee (1) habitually abuses alcoholic beverages or illegally uses controlled substances, as defined in AS 11.71.900(4), to the extent that the abuse or use interferes with nursing functions, but the licensee participates in a rehabilitation program acceptable to the board;(2) willfully or repeatedly violates a statute in AS 08.68 or a regulation of the board; or(3) is professionally incompetent, if the incompetence results in the public health, safety, or welfare being placed at risk.(c) The board may suspend a license for up to one year, followed by probation for not more than one year, if the licensee(1) engages in unprofessional conduct as described in 12 AAC 44.770; or(2) denies care or treatment to a person seeking assistance because the person failed to or refused to agree to arbitrate as provided in AS 09.55.535(a).(d) The board will review, on an individual basis, the need for revocation or limitation of the license of a licensee who practices or attempts to practice while afflicted with a physical or mental illness, deterioration, or disability that interferes with the individual performance of nursing functions.(e) The board may impose a civil fine not to exceed the amount of $5,000 for each finding the board makes of a cause for discipline under this section.Eff. 8/6/87, Register 103; am 1/5/2024, Register 249, April 2024Authority:AS 08.01.075
AS 08.68.100
AS 08.68.270
AS 08.68.275