Health Professional Councils Authority Logo

Supervisor procedure: Breath-testing for alcohol

Nursing and Midwifery
Procedure

Published on 1 June 2018

Procedures provide practical step by step guidance to describe processes and actions required to enable the implementation of a policy or guideline. They can also be developed to ensure compliance with legislative or policy requirements by members, staff or delegates of the Council.

Date of Endorsement1 June 2018
Endorsed ByThe Nursing and Midwifery Council of NSW
Publication Date1 June 2018
Review Date1 June 2023
SummaryThis procedure explains the requirements of breath-testing supervisors for practitioners and students who have breath-testing for alcohol conditions imposed on their registration.
Applies to (Scope)

• Breath-testing supervisors

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

Document OwnerAssistant Director – Council Services
Functional Group/SubgroupCouncil Services, HPCA

Table of Contents

ClausePage Number
1. Purpose3
2. Compliance Context3
3. Key information3
4. Responsibilities4
5. Definitions and abbreviations4
6. Approving a breath-testing supervisor4
7. Administering a breath-test6
8. Reporting to the Council8
9. Contacts and further information9
10. Legislation and References9
11. Related Policies9
12. Revision History9
13. Appendices10

1. Purpose

This procedure outlines what you need to do if you have been nominated to be a breath-testing supervisor or if you are an approved breath-testing supervisor. It explains:

2. Compliance Context

If you are approved as a breath-testing supervisor we ask that you comply with the processes set out in this procedure.

Participants who are undergoing breath-testing for alcohol must comply with:

3. Key information

We use breath-testing to monitor practitioners and students where there is a history of, or concerns about alcohol misuse or dependence. We do this to protect the public.

All breath-tests must be administered by a breath-testing supervisor approved by us. We collaborate with all supervisors to ensure practitioners or students comply with breath-testing arrangements.

We understand that administering a breath-test can be inconvenient and time consuming. However, negative breath-test results are an effective way for us to know that practitioners or students are not affected by alcohol and can continue safely in practice or training.

Thank you for your cooperation in this process.

4. Responsibilities

Parties Responsible (Positions/Groups/Bodies)Key Responsibilities
breath-testing supervisorcomply with processes for supervising a participant undergoing breath-testing for alcohol outlined in this procedure.
NSW practitioners and studentscomply with processes for breath-testing for alcohol outlined in the Participant procedure: breath-testing for alcohol.
HPCA monitoring teammonitor participant’s compliance with the Participant procedure: breath-testing for alcohol and approve breath-testing supervisors on behalf of the Council.
the Councilapprove breath-testing supervisors, and make decisions about a participant’s progress and compliance with the Alcohol screening policy and Participant procedure: breath-testing for alcohol.

5. Definitions and abbreviations

WordDefinition
AHPRAAustralian Health Practitioner Regulation Agency
Council / we / ourNursing and Midwifery Council of NSW
devicebreath-testing for alcohol device (see Appendix A)
HPCAHealth Professional Councils Authority
logbreath-testing for alcohol log
participanta practitioner or student participating in alcohol screening because a condition on their registration requires it
Supervisor / you / yourbreath-testing for alcohol supervisor

6. Approving a breath-testing supervisor

6.1 Participant requirements for breath-testing

ItemRequirements
Requirements

Participants with breath-testing for alcohol conditions on their registration must only practise if all of the following apply:

• they have a breath-test on a device approved by us

• they have a breath-test administered by a supervisor approved by us

• they have a breath-test at the times required by the Participant procedure: breath-testing for alcohol

• the result of their breath-test is 0%.

6.2 What to do if you are nominated as a supervisor

ItemRequirements
Supervisor requirements

A supervisor must meet the following requirements:

• not be a 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 this procedure

• agree to tell us if the participant has a positive breath-test, does not attend for breath-testing as required, or if they have any other concerns about the participant’s compliance with the conditions on their registration.

Participants are encouraged to nominate more than one supervisor to ensure a supervisor is available at all times.

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

What information you receive?

The participant will give you our Breath-testing supervisor nomination form and a copy of:

• the operating instructions for their breath-testing device

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

If you agree to the nomination

You must complete the Breath-testing supervisor nomination form indicating that you agree to the nomination and send it back to us.

While the participant is responsible for ensuring you complete this form and return it to us, we ask that you do this as soon as possible to ensure the participant’s breath-testing arrangements can be approved and they can start breath-testing.

If you do not agree to the nomination

You must complete the Breath-testing supervisor nomination form indicating that you do not agree to the nomination and send it back to us.

You should advise the participant that you do not agree to the nomination.

If you are unsure what to doPlease contact us if you have any questions about the nomination process.

6.3 Approving breath-testing supervisors

Approvalprocess

 

 

We will consider your completed Breath-testing supervisor nomination form and any other information provided to us and decide whether you will be approved as a supervisor.

We may contact you if we need more information.

We will write to you and the participant and advise you of the outcome of your nomination.

7. Administering a breath-test

7.1 Timing

ItemRequirements
Starting breath-testing

The participant must start breath-testing within 24 hours of being told by us that their breath-testing arrangements are approved.

The participant is responsible for organising when they require you to administer a breath-test.

We will write to you if you are approved as a supervisor and tell you how often the participant must attend for breath-testing and if the requirements for breath-testing change.

Frequency

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

The participant must breath-test before they start practice or attend for training at each of the following times:

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

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

• no more than 30 minutes before they end the day

• any other time we require it

7.2 Requirements for administering a breath-test

ItemRequirements
Requirements

Every breath-test must be administered by an approved supervisor.

The participant must not consume any food or drink, smoke, or use any health or personal hygiene products for 20 minutes before a breath-test.

At each breath-test you must:

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

• administer the breath-test according to the device manufacturer’s instructions and any specific requirements of the participant’s conditions

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

The participant is responsible for maintaining their log and must sign every entry.

7.3 What to do if you are not available

ItemRequirements
If you are unable to administer a breath-test

The participant is responsible for ensuring that a supervisor is available to administer a breath-test at any time they need to practise.

If you are not available to administer a breath-test you must advise the participant as soon as possible so they can make alternative arrangements.

The participant must follow the processes outlined in the Participant procedure: breath-testing for alcohol.

We may contact you to provide information to support a participant’s claim.

7.4 Managing results

ItemRequirements
Positive results

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

If the participant’s breath-test is positive they must:

• stop practising immediately

• have a second breath-test in 15 minutes.

The participant should be observed by you during this time and must not consume any food or drink, smoke, or use any health or personal hygiene products.

If their second breath-test is positive you must tell us immediately.

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

Disputing a breath-test

If the participant disagrees with their breath-test result and they want to dispute it, they can have a blood alcohol test.

This process is outlined in the Participant procedure: breath-testing for alcohol.

You are not responsible for coordinating or taking any blood alcohol tests.

7.5 Costs

Payment

 

 The participant is responsible for all breath-testing costs, including any supervision costs.

8. Reporting to the Council

8.1 Reporting to the Council

ItemRequirements
Routine reporting

You are not required to send us any routine reporting information to us.

The participant must send us a copy of their log within 7 days of the start of each calendar month.

We may contact you to provide information to confirm the participant’s log.

When you must contact us immediately

You must contact us immediately if:

• the participant has a second positive breath-test

• the participant’s device fails or is not available

• the participant did not attend for breath-testing as required by their conditions

• you have any concerns about the participant’s alcohol use, health or compliance with their conditions.

If you are unsure what to doPlease contact us if you have any questions about managing results.

9. Contacts and further information

Drug screening contacts

Device manufacturers

ContactDetails
Council details

Phone: 1300 197 177

Visit: Nursing and Midwifery Council of New South Wales

Mail: HPCA-NursingandMidwiferyCouncil@health.nsw.gov.au

Draeger Safety Pacific Limited

Phone: 1800 372 437

Person to contact: Clive Desira

Visit: www.draeger.com

Lion Breathalysers Australia

Phone: 1300 728 287

Email: Customer service info@lionaus.com.au

Visit: https://lionbreathalysersaustralia.com.au

10. Legislation and References

Fact sheets

We have a range of fact sheets providing information about alcohol screening.

12. Revision History

VersionApproved ByAmendment notes
N/AN/AN/A

13. Appendices

Appendix A – Breath-testing for alcohol devices

ManufacturerModelSampling mode
Lion Laboratories LimitedSD 400Analyse mode
Lion Laboratories LimitedSD 400 TouchAnalyse mode
Draeger Safety Pacific Pty Ltd5820Automatic measurement
Draeger Safety Pacific Pty Ltd6820Automatic measurement

Last updated on 1 June 2018

Related resources

  • Know when to notify

    Keeping your information up to date is a legal obligation

    Article
    For health practitioners
    Nursing and Midwifery
    NMC shape graphic
  • Regulation: 7 key things new graduates should know

    What are the safe-practice basics? Who can make a complaint? Read our quick overview of professional practice fundamentals.

    Article
    For health practitioners
    Nursing and Midwifery