Alcohol screening policy - Nursing and Midwifery Council
Published on 1 June 2018
1. Purpose
To ensure that practitioners and students who are required to undergo alcohol screening comply with conditions imposed on their registration, and explain the consequences of non-compliance.
2. Introduction
The Council uses breath-testing for alcohol to monitor practitioners and students where there is a history of or concerns about alcohol misuse or dependence.
The Council understands that breath-testing for alcohol can be inconvenient, intrusive, and expensive. However, negative alcohol screening results are an effective way for the Council to protect the public, by knowing that a practitioner or student is not affected by alcohol and can continue safely in practice or training.
3. Definitions and abbreviations
| Term | Explanation |
|---|---|
| Council | Nursing and Midwifery Council of NSW |
| the guidelines / the national guidelines | Australian Guidelines: To reduce health risks from drinking alcohol, as revised from time to time |
| HCCC | Health Care Complaints Commission |
| Monitoring team | Team responsible for monitoring compliance with restrictions |
| participant | a practitioner or student participating in alcohol screening because a condition on their registration requires it |
| breath-testing for alcohol | a screening test to ensure a participant is not under the influence of alcohol |
| substance | any: • substance listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 • pharmacist only, prescription only or controlled drug medication as contained in Schedule 3, 4 or 8 of the Poisons Standard (SUSMP) |
| the Tribunal | the Civil and Administrative Tribunal of New South Wales |
4. Mandatory requirements for alcohol screening
4.1. Compliance with this policy
Participants must comply with all aspects of this policy, the Council’s related alcohol screening procedures and all alcohol screening conditions on their registration.
If a condition is inconsistent with this policy or the procedures, the condition prevails.
All aspects of screening, including the type of screening and how often participants must attend, will be overseen by the Council. Compliance will be monitored by our monitoring team.
4.2. Non-compliance with alcohol screening
Non-compliance with alcohol screening is any failure to follow the requirements of this policy, the Council’s breath-testing for alcohol procedures, and any alcohol screening conditions on a participant’s registration.
If a participant does not comply, the Council will ask them for a written explanation, and may also ask the breath-testing supervisor and breath-testing device manufacturer for more information. The Council will then consider whether further action is required. In some cases the Council may take action without asking the participant for an explanation.
Non-compliance with alcohol screening includes, but is not limited to, the circumstances listed in the following table.
| Circumstance |
|---|
| a) a positive alcohol screening result |
| b) the participant fails to commence screening within the required timeframe |
| c) the participant fails to attend for screening when required |
| d) the participant provides samples for screening outside of the approved collection and testing regimen |
| e) the participant uses, makes, alters or possesses an object or product to defraud an alcohol screening test |
| f) the provided sample is inadequate or unsuitable for testing |
| g) the participant fails to provide supporting information about any absences from screening within the required timeframe |
| h) a pattern of participant behaviour raises concerns about their compliance with this policy, the related procedures or related conditions on their registration |
| i) the participant fails to provide the Starting breath-testing for alcohol form within the required timeframe or the information submitted is inadequate or insufficient for approval |
| j) the participant fails to maintain their breath-testing log as required |
| k) the participant fails to provide their breath-testing log to the Council |
| l) the participant fails to service their breath-testing device as required |
| m) the participant fails to make alternative arrangements for breath-testing while their device is being serviced |
If a participant does not comply the Council may:
a) give the participant a warning and explain any other action the Council may take if they do not comply in the future
b) increase the frequency or length of alcohol screening
c) require that the participant attend an interview or hearing to consider the matter further
d) take immediate action, such as imposing more restrictive conditions (including a critical impairment condition) on or suspending the participant’s registration and refer a complaint to the HCCC
e) refer a complaint to the HCCC.
4.3. Compliance with critical impairment and critical compliance conditions
4.3.1. Critical impairment and critical compliance conditions
There are two types of critical conditions that can be imposed on a participant’s registration that have specific consequences for non-compliance. The following table shows which bodies can order these conditions and which participant group is affected.
| Condition type | Ordered by | For |
|---|---|---|
| Critical impairment condition | The Nursing and Midwifery Council of NSW | practitioners and students |
| Critical compliance condition | The Civil and Administrative Tribunal | NSW practitioners and students |
| Professional Standards Committee | practitioners |
4.3.2. Non-compliance with critical impairment and critical compliance conditions
If a participant does not comply with a critical impairment or critical compliance condition, the Council must take action. The following table shows what action is taken if the Council considers that a participant has breached one of these conditions.
| Condition type | Action taken |
|---|---|
| Critical impairment condition | The Council must refer the matter to the HCCC |
| Critical compliance condition | The Council will immediately suspend the participant’s registration and refer the matter to the Tribunal, which must cancel the participant’s registration if it is satisfied that the condition has been breached |
5. Implementation
| Implementing party (Position/Groups/Bodies) | Key actions required by identified party to implement the policy |
|---|---|
| NSW practitioners and students | comply with this policy, its related procedures and related conditions imposed on their registration. |
| monitoring team | monitor compliance with this policy, its related procedures and related conditions imposed on a participant’s registration, on behalf of the Council. |
| the Council | make decisions about a participant’s progress with screening and compliance with this policy, the related procedures and any related conditions imposed on their registration. |
6. Legislation and references
| Category | Reference |
|---|---|
| Laws and standards | n/a |
| Fact sheets | The Council has a range of fact sheets providing information about alcohol screening. |
7. Related policies
8. Revision history
| Version | Approved by | Amendment notes |
|---|---|---|
| 1st Draft | N/A | N/A |
Last updated on 1 June 2018
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