Australian Health Practitioner Regulation Agency - Restriction: Test for alcohol
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Restriction: Test for alcohol

National Restrictions Library 2.0: This restriction applies to restictions imposed or accepted from 16 September 2024. For restrictions imposed or accepted before this date please see the National Restrictions Library 1.0.

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Restriction description

A practitioner with this restriction must not practise until we publish practice locations in the register. We must approve practice locations. Before approving practice locations, we check that there are processes for monitoring the practitioner’s compliance with the remaining conditions.

Once we have approved a location, the practitioner must:

  • only practise at published practice locations
  • nominate a senior person at each practice location
  • nominate a health practitioner who is treating their health condition
  • complete breath alcohol testing before, after and during the time that they practise
  • keep a logbook of their breath test results.

Further, if a practitioner tests positive for alcohol, they must not practise until they test negative. An approved person must supervise each breath test. A supervisor is generally another registered health practitioner. 

We often apply this restriction due to concerns about a practitioner’s health. To protect the practitioner’s privacy, usually some of the restriction details are not publicly available.

We monitor compliance in several ways, including by checking that:

  • the nominated practice location is appropriate for the practitioner’s health condition if needed
  • the practitioner is only practising at published practice locations
  • the practitioner is not practising if there are no published practice locations
  • a senior person at each practice location understands the requirements of the restriction 
  • the practitioner meets all required timeframes
  • an approved person supervises every breath alcohol test
  • the practitioner completes all required breath alcohol tests.

We check that the practitioner completes all required breath alcohol tests by comparing their logbook with records of their rosters and work hours. The senior person at the practitioner’s practice provides us with these records.

Full text of restriction

  1. From #start date#, the practitioner must not practise other than at practice locations that are approved and published below. 
    #No practice locations have been approved. / The following practice locations are approved: #approved practice locations effective on #date#.
  2. The practitioner must nominate a senior person at each practice location (senior person)
  3. Following publication of an approved practice location, the practitioner must complete breath alcohol testing (breath testing) at the following times:
    1. no more than 30 minutes prior to commencing practising,
    2. no more than 30 minutes after finishing practising, and 
    3. if the period of practice is continuous and exceeds 5 hours, between 4 to 5 hours after commencing practising.  
  4. The practitioner must nominate: 
    1. at least one breath test supervisor at each practice location (breath test supervisor), and
    2. a treating mental health professional from whom they are receiving treatment of their health condition (treating practitioner). 
  5. The practitioner must comply with the Ahpra Protocol: Test for alcohol (294 KB,PDF) in force at the date these conditions are imposed and then as updated from time to time. 
  6. <remove if not required> The practitioner must not be the only #registered health practitioner/profession# at any practice location.
  7. <remove if not required> The practitioner must comply with the Ahpra Protocol: Practice Limitations (298 KB,PDF) in force at the date these conditions are imposed and  as updated from time to time.

‘Treating mental health professional’ is defined as #a registered health practitioner, psychiatrist, general practitioner, nurse practitioner, addiction specialist, psychologist, or an alcohol, tobacco and other drugs counsellor or the equivalent#

You will receive a monitoring plan that details contact information, due dates, and the information you will need to provide to show that you are complying with your restrictions.

  • Acknowledging the requirements:
    Read and acknowledge:
  • Nominating a treating practitioner 
    • provide a nomination and acknowledgement for a treating practitioner.
    • provide a nomination even you do not intend to practice because any application to review the restriction requires evidence from your treating practitioner.
  • Nominating a practice location 
    • nominate practice location you wish to practise at for approval. 
    • for each practice location, nominate a senior person and at least one breath test supervisor (to help allow you to practice try to nominate more than one breath test supervisor)
    • each practice location requires an approved breath test device – purchase and provide the details of the device with your nomination. 
  • Assessing your nomination
    • Your nomination will be assessed based on the requirements and the Protocol.
    • You will be advised if your nomination has been approved or rejected
  • Practising in line with the requirements
    • Only practise at approved and published practice locations. 
    • If you do not have an approved breath test supervisor, or they are all unavailable, you must cease practising until you have a board approved breath test supervisor.
    • Contact your case officer for advice.
  • Submitting evidence of compliance
    • Submit logbooks reports at the required frequency 
  • Removal of the restrictions
    • When you have demonstrated a sustained period of compliance with the restrictions and progress in the treatment of your health condition you may apply to have the restriction removed from your registration.
    • You will be advised of the outcome.
  • Removing the restrictions
    • Once approved, the restrictions will be removed from your registration. 

Approved breath testing devices

Registrants are responsible for the purchase of an approved breath testing device from the list below. Please use the links to the manufacturers’ websites to purchase the model that best suits your needs.

Manufacturer Model Sampling mode
Lion Laboratories Limited SD400 Analyse mode
SD400 Touch Analyse mode
Draeger Australia Pty Ltd
Loan units not available from Draeger Safety Pacific Pty Ltd		 5510 (No longer available for purchase, however still supported by Draeger and suitable for breath testing as part of monitoring and compliance) Automatic measurement
5820 (No longer available for purchase, however still supported by Draeger and suitable for breath testing as part of monitoring and compliance) Active mouthpiece
6000 Automatic measurement with mouthpiece
6820 Automatic measurement
7510 Fixed volume with factory settings
Alcolizer Technology Alcolizer LE5 Active test (mouthpiece) mode
Alcolizer HH3 Mouthpiece testing mode 

Calibration of breath-testing devices

To maintain the accuracy and reliability of the breath testing device, the instrument must be recalibrated by the manufacturer at the interval for the device as specified by the manufacturer.

The registrant is responsible for meeting the cost of instrument calibration. Registrants may contact the relevant manufacturer to discuss whether loan units are available while calibration of their instrument is completed. If the registrant is not able to make alternate arrangements for breath testing whilst their approved device is undergoing calibration, they must not practise.

Breath testing logbook

Board approved breath test supervisors are to use the Ahpra breath testing logbooks to record all tests undertaken and actual hours worked as part of the registrant’s requirements. It is the responsibility of the registrant to ensure the logbook is submitted to Ahpra to confirm compliance.

Forms

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Where can you seek further information about your restrictions?

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Please contact your case officer for more information. 

For general information see our Frequently asked questions about Monitoring and compliance page

If you have not yet received contact details for your case officer, please email your enquiry.

Where can you go to for support?

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We are here to support and guide you through your compliance. 

The contact details for your case officer are included on all our correspondence with you.

We also encourage you to use independent support services, including those provided on our Practitioner support services page.

You can also contact your legal representative or professional union to support you.

What if your nomination is not approved?

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Generally, we will provide you an opportunity to address any shortfalls in the nomination. We will not consider incomplete nominations. We will notify you if we require any further information to progress your nomination. 

  • If we do not approve your practice location, you must not practise there. 
  • If you have no approved practice locations, you must not practise. 

What if you no longer practise at your approved practice location?

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You must notify your case officer as soon as possible using the contact details on your monitoring plan. We will remove your practice location from the public register. If you have no other practice locations approved, you must not recommence practising until you have a new practice location approved.

What if your breath test supervisor is not available?

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  • You must not practise unless you have an approved and available breath test supervisor.
  • If you have more than one approved breath test supervisor approved, you should test with them. 
  • If there are no available breath test supervisors, you must cease practice and must not recommence practice until a new breath test supervisor has been approved, or a previously approved breath test supervisor is available to test you. 
  • If you only have one approved breath test supervisor and they become unavailable due to unforeseen circumstances (such as illness or emergency) you must notify your case officer immediately.
  • The case officer may be able to provide interim approval of a person to supervise your breath testing. For any person nominated for interim approval by the case officer the registrant must provide evidence that the requirements for breath test supervisors detailed in the protocol have been met in full.
  • If your approved breath test supervisor will not be available ongoing or for a period of time such as leave, you should consider nominating additional breath test supervisors.

Can your breath test supervisor also be your nominated senior person?

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Yes, only if we are satisfied that the senior person can give independent information about your compliance and be willing to provide reports to us if they identify concerns. 

A conflict of interest may arise from being in a collegiate, family, social or financial relationship with those you nominate, which could compromise the nominee's judgment, decisions, or actions in performing their nominated role. If a conflict exists, and you are seeking to have one individual act as your breath test supervisor and the senior person, we may decide to refuse your nominated practice location.

Can you start practising before your nomination is considered?

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If you have no approved practice locations published to the public register, you must not practise. You must only practise at approved and published practice locations.

You are in group 1 for breath testing, do you need to test again after your breaks?

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If your break is 30 minutes or longer, you are required to breath test before recommencing practise after your break. If your break is less than 30 minutes, you are not required to breath test after your break. 

You should comply with the relevant employment contract and relevant workplace health and safety requirements in relation to taking breaks and the duration of breaks.

What if there is a medical emergency?

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You must notify your case officer of any incident where, due to a medical emergency, you are unable to undertake alcohol screening. We will assess how complying with your restrictions will affect your ability to provide care to patients in a medical emergency. 

A medical emergency is an event where it is not possible or reasonable to have a patient with a serious or life-threatening condition seen by another practitioner or transferred to the nearest hospital.

We will treat any failure to notify of non-compliance in the circumstances of a medical emergency as a breach of the condition and may take further action in relation to a breach of conditions. 

This means that if you do not notify us of any time that that you practised without a breath test in the case of an medical emergency, we will consider whether further regulatory action or restrictions are required to manage the noncompliance.

Why are you required to seek approval of a practice location?

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This helps us to confirm if your practice location is suitable, can help you comply with your restrictions, and provide us independent information so we can confirm you are practising safely.

The requirement to seek approval of a practice location, for the purpose of these restrictions, is intended to allow for closer scrutiny of the practice setting compared to other forms of action (such as, but not limited to, supervised practice). 

In considering the appropriateness of a practice location for a practitioner subject to these restrictions, we place significant weight on the presence of independent persons (senior person) with whom we can communicate and seek assurances from regarding the practitioner’s compliance. 

Why is the practice required to have a senior person and breath test supervisors?

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Senior persons and breath test supervisors play an important role in protecting the public. They are responsible for providing us with accurate practice information and are our primary contact to confirm you are practising safely. They must be trustworthy and sufficiently independent from a practitioner to be reasonably relied upon to allow for adequate monitoring. 

It is important that your senior person and/or breath test supervisors are physically present at all times and are able to provide us with independent and reliable information to help us monitor your compliance with your restrictions.

Why do you need to nominate a treating practitioner?

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It is generally considered that there is a reduced risk of relapse in circumstances where a practitioner is actively engaged in appropriate treatment. 

Nominating a treating practitioner provides us with important information about your progress in treatment and the nature and severity of your health condition. This information is particularly important when assessing any issues of non-compliance and any application for review of the restrictions that you may choose to make. 

Whilst in most cases your restrictions do not require you to attend for treatment, engagement in treatment is one of the factors that is considered when assessing whether further regulatory action is required and/or whether the restrictions can be removed from your registration. 

Those practitioners that do attend regularly for treatment and who are able to provide comprehensive information from their treating practitioner about their health condition are generally considered less likely to relapse into alcohol use.

Your circumstances have changed, and you can’t complete the requirements, what should you do?

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You must contact your Ahpra case officer or team as soon as possible if you have had a change of circumstances or are unable to comply with the requirements for any reason. See your monitoring plan for contact information.

 
View the
National Restrictions Library 2.0 View all
Ahpra Protocols
 
 
Page reviewed 13/09/2024
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