00CS FOR HOUSE BILL NO. 35(JUD)                                                                                           
01 "An Act relating to sexual misconduct as grounds for imposing disciplinary                                              
02 sanctions on persons licensed by the State Medical Board."                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 08.64.326(a) is amended to read:                                                                    
05     (a)  The board may impose a sanction if the board finds after a hearing that a                                     
06 licensee                                                                                                                
07     (1)  secured a license through deceit, fraud, or intentional                                                       
08 misrepresentation;                                                                                                      
09     (2)  engaged in deceit, fraud, or intentional misrepresentation while                                              
10 providing professional services or engaging in professional activities;                                                 
11     (3) advertised professional services in a false or misleading manner;                                              
12     (4)  has been convicted, including conviction based on a guilty plea or                                            
13 plea of nolo contendere, of                                                                                             
14    (A)  a felony or other crime if the felony or other crime is                                                       

01 substantially related to the qualifications, functions, or duties of the licensee;                                      
02 or                                                                                                                      
03    (B)  a crime involving the unlawful procurement, sale,                                                             
04 prescription, or dispensing of drugs;                                                                                   
05     (5)  has procured, sold, prescribed, or dispensed drugs in violation of                                            
06 a law, regardless of whether there has been a criminal action;                                                          
07     (6)  intentionally or negligently permitted the performance of patient                                             
08 care by persons under the licensee's supervision that does not conform to minimum                                       
09 professional standards even if the patient was not injured;                                                             
10     (7)  failed to comply with this chapter, a regulation adopted under this                                           
11 chapter, or an order of the board;                                                                                      
12     (8)  has demonstrated                                                                                              
13    (A)  professional incompetence, gross negligence, or repeated                                                      
14 negligent conduct; the board may not base a finding of professional                                                     
15 incompetence solely on the basis that a licensee's practice is unconventional or                                        
16 experimental in the absence of demonstrable physical harm to a patient;                                                 
17    (B)  addiction to, severe dependency on, or habitual overuse of                                                    
18 alcohol or other drugs that impairs the licensee's ability to practice safely;                                          
19    (C)  unfitness because of physical or mental disability;                                                           
20     (9)  engaged in unprofessional conduct, in sexual misconduct, or in                                              
21 lewd or immoral conduct in connection with the delivery of professional services to                                     
22 patients; in this paragraph, "sexual misconduct" includes sexual contact, as                                           
23 defined by the board in regulations adopted under this chapter, or attempted                                            
24 sexual contact with a patient outside the scope of generally accepted methods of                                        
25 examination or treatment of the patient, regardless of the patient's consent or lack                                    
26 of consent, during the term of the physician-patient relationship, as defined by the                                    
27 board in regulations adopted under this chapter, unless the patient is the                                              
28 licensee's spouse or a person in an equivalent domestic relationship with the                                           
29 licensee;                                                                                                              
30     (10)  has violated AS 18.16.010;                                                                                   
31     (11)  has violated any code of ethics adopted by regulation by the board;                                          

01     (12)  has denied care or treatment to a patient or person seeking                                                  
02 assistance from the physician if the only reason for the denial is the failure or refusal                               
03 of the patient to agree to arbitrate as provided in AS 09.55.535(a); or                                                 
04     (13)  has had a license or certificate to practice medicine in another state                                       
05 or territory of the United States, or a province or territory of Canada, suspended or                                 
06 revoked unless the suspension or revocation was caused by the failure of the licensee                                   
07 to pay fees to that state, territory, or province.                                                                      
08    * Sec. 2.  APPLICABILITY.  AS 08.64.326(a)(9), as amended by this Act, applies to                                    
09 conduct by a licensee that occurs on or after the effective date of this Act.