Participant procedure: Breath-testing for alcohol

• NSW practitioners and students required to undergo breath-testing for alcohol

• The Nursing and Midwifery Council of NSW, its delegates and HPCA staff

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).

Before you can start breath-testing you must:

• complete our Starting breath-testing for alcohol form

• ensure we receive this within 7 days of the breath-testing condition being placed on your registration.

This form contains information on:

• the breath-testing device

• the device service plan

• nominating a breath-testing supervisor

You must start breath-testing within 24 hours of being told by us that your breath-testing arrangements are approved.

We may take further action if the information you give us is inadequate or cannot be approved.

You must ensure that your device is serviced as per the manufacturer’s instruction. This must occur at least every 6 months.

You must organise another device to use while your device is being serviced. This is your service plan. If you cannot organise another device to use you cannot practise.

You must include the date your device is due for its first service and your service plan on your Starting breath-testing for alcohol form.

All breath-tests must be administered by a supervisor approved by us.

You must nominate a supervisor on your Starting breath-testing for alcohol form. We encourage you to nominate more than one supervisor to ensure a supervisor is available at all times you need to breath-test.

Your supervisor must meet the following requirements:

• not be your friend, family member or employee

• if they are a health professional, be registered with AHPRA, not have any conditions on their registration and not be the subject of a complaint or active investigation

• comply with our Supervisor procedure: breath-testing for alcohol

• agree to tell us if you have a positive breath-test, do not attend for breath-testing as required, or if they have any other concerns about your compliance with your conditions on your registration.

You must give your nominated supervisor our Breath-testing supervisor nomination form. You are responsible for ensuring your nominated supervisor completes this form and returns it to us as soon as possible.

Your nominated supervisor must acknowledge that they have received and understand:

• the operating instructions for your device

• our Alcohol screening policy, this procedure and our Supervisor procedure: breath-testing for alcohol.

We will decide whether your nominated supervisor will be approved.

If we think they are not suitable to administer your breath-tests we will not approve them. We may also remove our approval in the future if we receive information that indicates they are no longer suitable to administer your breath-tests.

You must breath-test every time you practise or, in the case of a student, attend for training, including weekends and public holidays.

You must breath-test before you start practice or attend for training at each of the following times:

• no more than 30 minutes before you start for the day

• if you have taken a break of more than 30 minutes

• no more than 30 minutes before you end the day

• any other time we require it

You are responsible for all breath-testing costs. This includes:

• Device purchase/hire

• Mouth-pieces

• Device servicing

• Any supervision costs.

If you are experiencing financial hardship you may contact us and discuss meeting these costs.

Every breath-test must be administered by one of your approved supervisors.

Every breath-test must be conducted according to the device manufacturer’s instructions and any specific requirements of your conditions.

You must not consume any food or drink, smoker, or use any health or personal hygiene products for twenty minutes before a breath-test.

At each breath-test your supervisor must:

• confirm your identity by witnessing a government-issued photo identification such as a valid driver licence, identity card or passport

• record the date, time, location and result of your breath-test, then sign and write their full name in your log.

If you disagree with your breath-test result and want to dispute it you can have a blood-alcohol test.

You must:

• have the blood test taken within 2 hours of the disputed breath test

• send us the result, evidence of chain of custody of the sample and any other supporting information within 48 hours.

You are responsible for all costs associated with blood alcohol tests.

You must maintain a log of your breath-test results using our Breath-testing for alcohol log.

The following information must be written by your supervisor in your log:

• date, time and location of each breath-test

• result

• signature and full name of the supervisor who administered your breath-test.

You must sign every entry in your log.

A breath-test is positive if it is more than 0%.

If your breath-test is positive you must:

• stop practising immediately

• have a second breath-test in 15 minutes.

If your second breath-test is positive you must tell us immediately and provide an explanation.

You must not return to practise for at least 24 hours after a second positive breath-test.

When you return to practise you must attend for breath-testing as required by this procedure.

You must send us the following information within 7 days of the start of each calendar month, or as directed by us:

• A copy of your log for the previous month

• Evidence of your practise such as your work roster or copy of your appointment book. Any evidence you supply must be verified and signed by your employer or accreditor.

We may confirm your results with the device manufacturer at time of service.

We recommend you keep your own records of your log and hours.

Your supervisor must contact us immediately if:

• your breath-test is positive

• your device fails or is not available

• you did not attend for breath-testing as required by your conditions

• they have any concerns about your alcohol use, health or compliance with your conditions.

If you realise you have missed your breath-test you must:

• stop practising immediately and breath-test

• notify us immediately and tell us why you missed your test

• provide us with evidence to support your missed breath-test within 5 business days.

If your breath-testing device fails, you must:

• tell us immediately

• arrange for your device to be serviced

• send us your supervisor’s written confirmation of the device failure, and an alternative breath-testing proposal while your device is being serviced, within 5 business days.

You must not practise until you can breath-test on a Council-approved device.

You are responsible for all costs associated with servicing your device and your alternative breath-testing proposal.

You are responsible for ensuring that a supervisor is available to administer your breath-test at any time you need to practise.

If your supervisor is not available you must:

• tell us immediately

• provide an alternative supervisor proposal.

You must not practise until a Council-approved supervisor can administer your breath-test.

Phone: 1300 728 287

Email: Customer service info@lionaus.com.au

Visit: https://lionbreathalysersaustralia.com.au

Phone: 1800 372 437

Person to contact: Clive Desira

Visit: www.draeger.com

Phone: 1300 197 177

Visit: www.nursingandmidwiferycouncil.nsw.gov.au

Mail: hpcanursingandmidwiferycouncil@health.nsw.gov.au

Phone: 1800 667 877

Visit: www.dhas.org.au

Metro phone: (02) 8595 1234

Regional phone: 1300 367 962

Visit: www.nswnma.asn.au

Phone: 1300 22 4636

Visit: www.beyondblue.org.au

Phone: 1300 222 222

Visit: www.aa.org.au

Phone: 13 11 14

Visit: www.lifeline.org.au