12 Alaska Admin. Code § 44.990

Current through August 30, 2024

Section 12 AAC 44.990 - Definitions

As used in this chapter, unless the context otherwise requires,

(1) "administration of medication" means the direct application of a medication to the body of a patient by injection, inhalation, ingestion, or other means;

(2) "anesthesia service" means a qualified person or group of people given responsibility by the employing agency for administration of anesthetics and related maintenance of safety controls;

(3) "ARPN" means advanced practice registered nurse as defined in AS 08.68.850;

(4) "associate degree program" includes general academic and nursing courses, is conducted within a community or junior college; and prepares a person for an associate degree in nursing;

(5) "baccalaureate program" is a program conducted in a senior college or university and which is in an academic department, division, school, or college of the senior college or university, which prepares persons for a baccalaureate degree in nursing;

(6) "board" means Alaska Board of Nursing;

(7) repealed 5/16/2018;

(8) "client" means an individual who receives care from a licensee;

(9) "comprehensive assessment of the patient by a registered nurse" means the initial and ongoing collection of information about the patient to anticipate and recognize changes in the patient's medical conditions or health status, synthesize the biological, psychological, and social aspects of the patient's medical condition, evaluate the impact of health care, make decisions regarding changes in care, plan nursing interventions, evaluate the need for different interventions, and communicate and consult with the other health care providers regarding the patient's medical treatment;

(10) "contact hour" means a 50-minute classroom instructional session or three laboratory or clinical practice hours;

(11) "controlled substance" has the meaning given that term in AS 11.71.900, as revised as of September 19, 2002, adopted by reference;

(12) "cooperating agencies" means any facility which provides clinical experience for the education of students in a nursing education program;

(13) "criminal justice information" has the meaning given in AS 12.62.900;

(14) "delegate the performance of nursing duties" means the assignment by a nurse licensed under AS 08.68 of a specific nursing duty within the nurse's scope of practice for a specific patient to another person as authorized under AS 08.68.805 and 12 AAC 44.950 - 12 AAC 44.970;

(15) "department" means the Department of Commerce, Community, and Economic Development;

(16) "division" means the division assigned occupational licensing functions in the department.

(17) "drug" has the meaning that term is given in AS 11.71.900, as revised as of September 19, 2002, adopted by reference;

(18) "focused assessment" of a patient by an licensed practical nurse means an appraisal of the patient's medical status and condition, contributing to ongoing data collection, and deciding who needs to be informed of the information and when to inform;

(19) "on-site" means being physically present at the location where nursing duties are to be performed under a delegation from a nurse to another person;

(20) "preceptorship" is that portion of the ARPN course of study consisting of clinical experiences under the auspices of a qualified preceptor for the purpose of correlating theory to practical application of the expanding role of the nurse; the setting must provide an environment that permits observation and active participation in the delivery of health care;

(21) "PRN medication" means medication to be taken as needed by the patient;

(22) "qualified preceptor" means an advanced practice registered nurse practitioner currently authorized to practice as an ARPN in the state or a currently licensed, practicing physician or a physician specifically exempted by AS 08.64.370(1) and approved by the board; the functions of the preceptor include supervision, teaching, and evaluation of a student's performance in the clinical setting;

(23) "school" or "program" means a division in a college or university which is responsible for preparing persons for practice of professional or practical nursing;

(24) "sexual contact" has the meaning given that term in AS 11.81.900, as revised as of September 19, 2002, adopted by reference;

(25) "sexual impropriety" means behavior, a gesture, or an expression that is seductive, sexually suggestive, or sexually demeaning to a client; "sexual impropriety" includes

(A) encouraging the client to masturbate in the presence of the licensee or masturbation by the licensee while the client is present;

(B) offering to provide controlled substances or other drugs to the client in exchange for sexual contact;

(C) disrobing or draping practice that is seductive, sexually suggestive, or sexually demeaning to a client, such as deliberately watching a client dress or undress or failing to provide privacy for disrobing; in this subparagraph, "deliberately watching a client dress or undress" does not include observing a client who may need assistance in dressing or undressing due to physical limitations or medical conditions;

(D) making a comment about or to the client that is seductive, sexually suggestive, or sexually demeaning to a client, including

(i) sexual comment about a client's body or underclothing;

(ii) sexualized or sexually-demeaning comment to a client;

(iii) demeaning or degrading comments to the client about the client's sexual orientation, regardless of whether the client is homosexual, heterosexual, or bisexual;

(iv) requesting details of sexual history or sexual likes or dislikes of the client if the details are not clinically indicated for the type of examination or consultation within the scope of practice of the licensee;

(E) initiation by the licensee of conversation with a client regarding the sexual problems, preferences, or fantasies of the licensee;

(F) using the medical or professional relationship with the client to solicit sexual contact or a romantic relationship with the client or another;

(G) kissing a client in a romantic or sexual manner;

(26) "sexual misconduct" means regardless of client's consent or lack of consent,

(A) sexual penetration or attempted sexual penetration with a client;

(B) sexual contact or attempted sexual contact with a client; and

(C) sexual impropriety;

(27) "sexual penetration" has the meaning given that term in AS 11.81.900, as revised as of September 19, 2002, adopted by reference;

(28) repealed 8/10/2016;

(29) "stable and predictable" means that the patient's medical condition is known, through the nurse's assessment, to be consistent and nonfluctuating; "stable and predictable" includes a terminally ill patient with a predictable deteriorating condition;

(30) "to perform an expanded role in the delivery of health care" means that the person is qualified, by virtue of specialized training and experience, to provide health care to the consumer through the identification, management, or referral of the consumer's health problems, and that the person is qualified to maintain the consumer's health by means of preventive and promotive health care actions;

(31) "unencumbered" means, with reference to a license, certification, or registration,

(A) not suspended, revoked, on probation, or otherwise restricted by the issuing authority; and

(B) for which the holder of the license, certification, or registration is not presently under investigation by the issuing authority for disciplinary violations.

(32) "CNA" means certified nurse aide.

12 AAC 44.990

Eff. 1/13/80, Register 73; am 10/8/81, Register 80; am 12/1/84, Register 91; am 4/2/86, Register 97; am 4/29/91, Register 118; am 7/28/95, Register 135; am 11/2/2001, Register 160; am 6/16/2002, Register 162; am 11/10/2002, Register 164; am 10/14/2004, Register 172; am 2/9/2007, Register 181; am 11/19/2008, Register 188; am 12/27/2012, Register 204; am 8/10/2016, Register 219, October 2016; am 5/16/2018,Register 226, July 2018

12 AAC 44.940 was renumbered as 12 AAC 44.990, effective April 2, 1986, Register 97. The history note for 12 AAC 44.990 contains the history of the section under its former number.

As of Register 171 (October 2004), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.

In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 08.68.405 as AS 08.68.805, and renumbered former AS 08.68.410 as AS 08.68.850. As of Register 196 (January 2011), the regulations attorney made conforming technical revisions under AS 44.62.125(b)(6), [1] to the definition of "ANP" in 12 AAC 44.990, so that the cross-reference to former AS 08.68.410(1) now refers to the renumbered statute, AS 08.68.850(1); [2] to the definition of "delegate the performance of nursing duties" in 12 AAC 44.990, so that the cross-reference to former AS 08.68.405 now refers to the renumbered statute, AS 08.68.805; and [3] to the authority citation that follows 12 AAC 44.990, so that the citation to former AS 08.68.405 now refers to the renumbered statute, AS 08.68.805.

As of Register 204 (January 2013) the regulations attorney acting under AS 44.62.125(b)(6), rearranged definitions in 12 AAC 44.990 to put them in alphabetical order, regardless of when each of them was adopted.

Authority:AS 08.68.100

AS 08.68.275

AS 08.68.805