1. (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. (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. (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. (3) abstain from the personal use of alcohol;
   4. (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. (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.
2. (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.

3. (c) A licensee may request the opportunity to voluntarily participate in an alternative probation program. Whether a licensee may participate in an alternative probation program is at the discretion of the board. If a licensee is allowed by the board to participate in an alternative probation program, the licensee shall meet the terms of probation required by the board to remain in the alternative probation program. The board will keep the licensee's participation in the alternative probation program confidential, except as required by law. To participate in the alternative probation program, the licensee shall submit

   1. (1) a voluntary disclosure of information relating to the licensee's use of alcohol or controlled substances; and
   2. (2) a written request to participate in the alternative probation program.
4. (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.

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

Authority: AS 08.01.075, AS 08.68.100, AS 08.68.270, AS 08.68.275