12 Alaska Admin. Code § 44.740

Current through August 30, 2024
Section 12 AAC 44.740 - Use of alcohol or drugs
(a) In addition to one or more of the terms of probation set out in 12 AAC 44.730, a licensee placed on probation for the habitual abuse of alcohol or illegal use of controlled substances, as defined in AS 11.71.900(4), will, in the board's discretion, also be subject to one or more of the relevant terms of probation including the following:
(1) physical and mental health examinations, as determined by the board, to evaluate the licensee's ability to perform the professional duties of a nurse;
(2) as determined by the board, participation, until completion, in an ongoing program of rehabilitative counseling, alcoholics anonymous, narcotics anonymous, or an impaired nurse group, which includes progress reports from the care provider when requested by the board;
(3) abstain from the personal use of alcohol;
(4) abstain from the personal use of alcohol or controlled substances, as defined in AS 11.71.900(4), in any form, except when lawfully prescribed by a physician authorized to practice medicine in Alaska;
(5) submit to tests and samples required for the detection of alcohol or controlled substances, as defined in AS 11.71.900(4), at the request of the board or the board's representative.
(b) Access to controlled substances, as defined in AS 11.71.900(4), in the work setting will, in the board's discretion, be restricted.
(c) The board may offer a licensee subject to this section the opportunity to participate in an alternative probation program. Whether a licensee may participate in an alternative probation program is at the discretion of the board. A licensee participating in an alternative probation program shall meet the terms of probation required by the board under the alternative probation program. The board will keep a licensee's participation in an alternative probation program confidential, except as required by law.
(d) Nothing in this section shall limit the authority of the board to impose a summary suspension or other discipline if it determines that a licensee poses a risk to public health or safety.

12 AAC 44.740

Eff. 8/6/87, Register 103; am 8/25/2023, Register 247, October 2023

Authority:AS 08.01.075

AS 08.68.100

AS 08.68.270

AS 08.68.275