CSHB 93(L&C): "An Act relating to dentists and dental hygienists and the Board of Dental Examiners; establishing certain committees for the discipline and peer review of dentists; excluding the adjudicatory proceedings of the Board of Dental Examiners and its committees from the Administrative Procedure Act and from the jurisdiction of the office of administrative hearings; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 93(L&C) 01 "An Act relating to dentists and dental hygienists and the Board of Dental Examiners; 02 establishing certain committees for the discipline and peer review of dentists; excluding 03 the adjudicatory proceedings of the Board of Dental Examiners and its committees from 04 the Administrative Procedure Act and from the jurisdiction of the office of 05 administrative hearings; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 PURPOSE. It is the purpose of this Act to modify the existing framework used to 10 license and discipline dentists and dental hygienists in order to improve the practice of 11 dentistry and dental hygiene in the state and to better protect the public. It is the further 12 purpose of this Act to provide peer review and to ensure confidentiality for the complainants 13 and the licensee, to involve licensed dentists and dental hygienists in the decision-making
01 process, and to better address patient and public complaints. 02 * Sec. 2. AS 08.01.080 is amended to read: 03 Sec. 08.01.080. Department regulations. The department shall adopt 04 regulations to carry out the purposes of this chapter including but not limited to 05 describing 06 (1) how an examination is to be conducted; 07 (2) what is contained in application forms; 08 (3) how a person applies for an examination or license; 09 (4) how to maintain the confidentiality of information required to 10 be confidential under AS 08.01.087. 11 * Sec. 3. AS 08.01.087 is amended by adding new subsections to read: 12 (d) Except as otherwise provided under AS 08.36, the department shall 13 maintain the confidentiality of information involving a dental hygienist or dentist 14 licensed in the state under AS 08.32 or AS 08.36 or a person who is a patient or 15 complainant of a licensed dentist or dental hygienist if the information pertains to the 16 health, discipline, or rehabilitation of the licensee or other person. 17 (e) Not more than 30 days after receiving confidential information under (d) of 18 this section, the department shall make available for inspection and copying by a 19 licensee all information pertaining to a complaint against the licensee, including the 20 name of the accuser, the nature of the complaint, and all evidence provided to the 21 department in support of the complaint. If the department fails to make the 22 information available as required under this subsection, the information withheld from 23 the licensee must be excluded from a disciplinary hearing involving the licensee. 24 * Sec. 4. AS 08.32.160 is amended to read: 25 Sec. 08.32.160. Grounds for discipline, suspension, or revocation of license. 26 The board may revoke or suspend the license of a dental hygienist, or may reprimand, 27 censure, or discipline a licensee, or impose another form of discipline that the 28 board determines is warranted and necessary, if, after a hearing, the board finds 29 that the licensee 30 (1) knowingly used [OR KNOWINGLY COOPERATED IN] deceit, 31 fraud, or intentional misrepresentation to obtain a license or registration;
01 (2) engaged in deceit, fraud, or intentional misrepresentation in the 02 course of providing or billing for professional services or engaging in professional 03 activities; 04 (3) advertised professional services in a false or misleading manner; 05 (4) has been convicted of a felony or other crime that affects the 06 licensee's ability to continue to practice competently and safely; 07 (5) failed to comply with this chapter, with a regulation adopted under 08 this chapter or under AS 08.36, or with an order of the board; 09 (6) continued to practice after becoming unfit due to 10 (A) professional incompetence; 11 (B) addiction or dependence on alcohol or other drugs that 12 threatens or compromises patient care, has the potential to compromise 13 patient care, or impairs the licensee's ability to practice safely; 14 (C) physical or mental disability, not overcome through an 15 accommodation for purposes of complying with this chapter, that 16 threatened or compromised patient care, had the potential to compromise 17 patient care, or impaired the licensee's ability to practice safely; 18 (D) failure to keep informed of or use current professional 19 theories and practices; 20 (7) engaged in lewd or immoral conduct in connection with the 21 delivery of professional service to patients; 22 (8) performed clinical procedures [FOR COMPENSATION] without 23 being under the supervision of a licensed dentist. 24 * Sec. 5. AS 08.32.171 is repealed and reenacted to read: 25 Sec. 08.32.171. Disciplinary sanctions. The board may summarily suspend 26 the license of a licensee who refuses to submit to a physical or mental examination 27 under AS 08.36.070(b)(1) upon proof by clear and convincing evidence that the 28 licensee poses an immediate threat of harm to patient care in the absence of a physical 29 or mental examination. A decision to suspend a license under this section is a final 30 administrative decision subject to judicial review under AS 44.62.560 and 44.62.570. 31 * Sec. 6. AS 08.36.010(a) is amended to read:
01 (a) There is created the Board of Dental Examiners consisting of nine 02 members who reside in the state. Six members shall be currently licensed dentists 03 under this chapter who have been engaged in the practice of dentistry in the state for 04 at least five years immediately preceding appointment, two members shall be dental 05 hygienists currently licensed under AS 08.32 who have been engaged in the clinical 06 practice of dental hygiene in the state for at least five years immediately preceding 07 appointment, and one member shall be a public member. 08 * Sec. 7. AS 08.36.010 is amended by adding new subsections to read: 09 (c) At least five board members who are licensed dentists must maintain a 10 practice of dentistry in the state during the term of the appointment, and at least one 11 member who is a licensed dental hygienist must maintain a practice of dental hygiene 12 in the state during the term of the appointment. 13 (d) In this section, "practice of dentistry" and "practice of dental hygiene" 14 must include at least an average of 20 hours a week of private clinical practice in the 15 state, excluding temporary absences because of illness or travel, that is regulated by 16 the board under this chapter. 17 * Sec. 8. AS 08.36.025 is amended to read: 18 Sec. 08.36.025. Suspension of board members. A member against whom an 19 accusation or complaint has been filed under this chapter [AS 44.62] for violation of 20 AS 08.32.160 or AS 08.36.315 is suspended from the board until the decision of the 21 board on the accusation or complaint takes effect [UNDER AS 44.62.520]. 22 * Sec. 9. AS 08.36.030 is repealed and reenacted to read: 23 Sec. 08.36.030. Officers. The board shall elect a president, vice-president, and 24 secretary from among its members, each to serve a term of not more than two years. If 25 the president is absent or incapable of performing the duties of president, the vice- 26 president shall succeed to the presidency until the president is able to return to the 27 duties of president. All officers must be licensed dentists except for the position of 28 secretary. The president's duties include coordination, supervision, and direction of the 29 functions of the board, with the assistance of the department or other staff and the 30 concurrence of the board. 31 * Sec. 10. AS 08.36.040 is amended to read:
01 Sec. 08.36.040. Meetings. The board shall meet at the call of the president at 02 least four times annually and at other times necessary to conduct its business. In the 03 absence of a call of the president, a majority of the board may call a meeting. A 04 meeting of the board may be conducted telephonically except for a meeting 05 conducted for the purpose of holding a disciplinary hearing. A disciplinary 06 hearing shall be conducted in person. 07 * Sec. 11. AS 08.36.070 is amended to read: 08 Sec. 08.36.070. General powers. (a) The board shall 09 (1) provide for the examination of applicants and issue licenses to 10 those applicants it finds qualified; 11 (2) register licensed dentists and licensed dental hygienists who are in 12 good standing; 13 (3) affiliate with the American Association of Dental Examiners and 14 pay annual dues to the association; 15 (4) establish peer review and confidentiality procedures for 16 hearings, direct investigations, hold hearings, and order the disciplinary sanction of a 17 person who violates this chapter, AS 08.32, or a regulation of the board; 18 (5) supply forms for applications, licenses, permits, certificates, and 19 other papers and records; 20 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 21 amend the regulations necessary to make the provisions of this chapter and AS 08.32 22 effective; 23 (7) adopt regulations ensuring that renewal of registration is contingent 24 upon proof of continued professional competence by a licensed dentist or licensed 25 dental hygienist; 26 (8) provide the department with the requirements for proof of 27 continued professional competence and request the department to make these 28 requirements available to each licensed dentist and licensed dental hygienist at least 29 one year before the date on which the dentist or dental hygienist must renew 30 registration; 31 (9) at least annually cause to be published in a newspaper of general
01 circulation in each major city in the state a summary of disciplinary actions the board 02 has taken during the preceding calendar year that identifies only the name of the 03 licensee, the type of discipline imposed, and a reference to the statute or 04 regulation violated by the licensee; a copy of the summary published under this 05 paragraph shall be delivered to the named licensee; if possible, the delivery shall 06 be by electronic mail or facsimile; 07 (10) issue permits or certificates to licensed dentists, licensed dental 08 hygienists, and dental assistants who meet standards determined by the board for 09 specific procedures that require specific education and training; 10 (11) regulate the reentry into practice of inactive dentists and dental 11 hygienists; 12 (12) require, as a condition of a license or license renewal issued by 13 the board, that an applicant or licensee has, at the time of licensing or renewal and 14 maintains throughout the period of a license, current certification in cardiopulmonary 15 resuscitation techniques, except that the board may waive this requirement under an 16 agreement with the applicant or licensee if the applicant or licensee documents, to the 17 satisfaction of the board, the existence of a physical impairment that results in an 18 inability to be certified in cardiopulmonary resuscitation techniques and the agreement 19 specifies that the applicant or licensee will ensure that another person who is certified 20 in cardiopulmonary resuscitation techniques will be in the same office [ROOM] as the 21 applicant or licensee whenever the applicant or licensee is practicing dentistry [ON A 22 LIVING PATIENT WHO IS ALSO PRESENT]; the board may include in the 23 agreement an expiration date or provide that the agreement remains in effect until 24 reviewed by the board; 25 (13) maintain confidentiality over patient, complainant, and 26 licensee information that contains personal health information or is otherwise 27 required to be kept confidential under federal or state law; 28 (14) rely on the department for legal, investigative, and 29 administrative services as necessary to carry out the board's duties under this 30 chapter. 31 (b) The board may
01 (1) order a licensed dentist or licensed dental hygienist to submit to a 02 reasonable physical or mental examination if there is substantial evidence that the 03 dentist's or the dental hygienist's physical or mental capacity to practice safely during 04 the past 12 months is at issue and the examination is reasonably necessary to 05 determine whether the licensee has violated AS 08.32 or this chapter; an 06 examination ordered by the board shall be conducted in the state by a person 07 who is licensed in the state and otherwise qualified to perform the examination, 08 as determined by the board; a licensee may submit for the board's consideration 09 another medical evaluation in addition to an examination ordered by the board; 10 [AND] 11 (2) authorize its representative to inspect the practice facilities or 12 patient or professional records of a dentist at reasonable times and in a reasonable 13 manner to monitor compliance with this chapter and with AS 08.32; and 14 (3) monitor informal and confidential chemical dependency 15 intervention programs that may include a licensee's colleague, family member, or 16 friend. 17 * Sec. 12. AS 08.36.080 is repealed and reenacted to read: 18 Sec. 08.36.080. Application of Administrative Procedure Act. (a) The 19 administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) 20 do not apply to adjudicatory proceedings of the board or the board's committees 21 except that final administrative determinations by the board are subject to judicial 22 review as provided in AS 44.62.560 and 44.62.570. 23 (b) AS 44.62.010 - 44.62.320 and 44.62.640 apply to regulations adopted by 24 the board. 25 (c) An order issued under AS 08.36.070(b)(1) may be appealed to the superior 26 court. The court shall review the matter de novo. 27 * Sec. 13. AS 08.36.315 is amended to read: 28 Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license. 29 The board may revoke or suspend the license of a dentist, or may reprimand, censure, 30 or discipline a dentist, or both, or impose another form of discipline that the board 31 determines is warranted and necessary, if the board finds after a hearing that the
01 dentist 02 (1) knowingly used or knowingly cooperated in deceit, fraud, or 03 intentional misrepresentation to obtain a license; 04 (2) engaged in deceit, fraud, or intentional misrepresentation in the 05 course of providing or billing for professional dental services or engaging in 06 professional activities; 07 (3) advertised professional dental services in a false or misleading 08 manner; 09 (4) received compensation for referring a person to another dentist or 10 dental practice; 11 (5) has been convicted of a felony or other crime that affects the 12 dentist's ability to continue to practice dentistry competently and safely; 13 (6) engaged in the performance of patient care, or permitted the 14 performance of patient care by persons under the dentist's supervision, that does not 15 conform to minimum professional standards of dentistry regardless of whether actual 16 injury to the patient occurred; 17 (7) failed to comply with this chapter, with a regulation adopted under 18 this chapter, or with an order of the board; 19 (8) continued to practice after becoming unfit due to 20 (A) professional incompetence; 21 (B) failure to keep informed of or use current professional 22 theories or practices; 23 (C) addiction or dependence on alcohol or other drugs that 24 threatens or compromises patient care, has the potential to compromise 25 patient care, or impairs the dentist's ability to practice safely; 26 (D) physical or mental disability, not overcome through an 27 accommodation for purposes of complying with this chapter, that 28 threatened or compromised patient care, had the potential to compromise 29 patient care, or impaired the licensee's ability to practice safely; 30 (9) engaged in lewd or immoral conduct in connection with the 31 delivery of professional service to patients;
01 (10) permitted a dental hygienist or dental assistant who is employed 02 by the dentist or working under the dentist's supervision to perform a dental procedure 03 in violation of AS 08.32.110 or AS 08.36.070(a)(10); 04 (11) failed to report to the board a death that occurred on the premises 05 used for the practice of dentistry within 48 hours. 06 * Sec. 14. AS 08.36.315 is amended by adding new subsections to read: 07 (b) A dentist's choice to employ one of several treatment modalities 08 recognized or approved by an accredited dental school or an approved provider of 09 continuing education for dentists may not be grounds for discipline imposed under (a) 10 of this section. 11 (c) The board may not discriminate against a licensee solely on the basis of a 12 mental or physical impairment or disability. The board may reinstate a license of a 13 person who suffers from a mental or physical impairment or disability on proof of 14 completion of rehabilitation through an accredited rehabilitation program designed for 15 professionals and consistent with regulations adopted under this chapter. When 16 making a decision under this section that is based on the existence of a physical or 17 mental impairment or disability, the board shall comply with federal law. The board 18 shall consider voluntary rehabilitation completed by a licensee as a mitigating 19 circumstance in determining the form of discipline to impose on a licensee. The board 20 shall consider a failure to complete a rehabilitation program by a licensee as an 21 aggravating circumstance in determining the form of discipline to impose on a 22 licensee. 23 (d) In this section, a "mental or physical impairment or disability" includes 24 addiction to drugs or alcohol. 25 * Sec. 15. AS 08.36 is amended by adding a new section to read: 26 Sec. 08.36.316. Disciplinary and peer review procedures. (a) The board 27 shall conduct disciplinary proceedings consistent with principles of substantive and 28 procedural due process and by using peer review, when applicable, as described in this 29 section. 30 (b) The board shall appoint one or more disciplinary committees and one or 31 more peer review committees to address disciplinary matters. The committees shall be
01 made up of dentists who are currently licensed in Alaska, who have at least five years 02 private practice experience, and who are unbiased. 03 (c) A person may file a written complaint with the board on a form provided 04 by the board and signed by the complainant for actions involving a person licensed 05 under this chapter. The complaint must contain a clear statement of the details of each 06 act of alleged misconduct, including the approximate place and time of the act. 07 (d) The department shall mail a copy of the complaint by certified mail to the 08 licensee within 30 days after receipt of the complaint and shall provide notice to the 09 licensee of the requirement to provide an answer within 30 days after receipt of the 10 notice. Failure to file a timely answer may be presumed to be an admission of guilt 11 except that a licensee may not be compelled to provide evidence of criminal 12 wrongdoing. 13 (e) The department shall conduct a preliminary investigation and determine 14 whether to dismiss the complaint for insufficiency of evidence to support the 15 allegation. If the department determines that a complaint contains some factual basis, 16 the department shall present the complaint and supporting documentation to the board 17 president. The board president may return the complaint to the department for further 18 investigation or submit the complaint and supporting documentation to the board with 19 a recommendation for dismissal of the complaint, submission of the complaint to a 20 disciplinary committee, or submission of the complaint to mediation by a peer review 21 committee. The board president may not recommend mediation by a peer review 22 committee, nor may the board refer a matter for mediation by a peer review 23 committee, if the allegations in the complaint include fraud, sexual misconduct, 24 criminal activity, or prescription medication abuse. 25 (f) The peer review committee may decide to dismiss a complaint, subject to 26 the approval of the board, mediate the complaint, refer the matter to the disciplinary 27 committee, or refer the matter to the board. The peer review committee shall issue a 28 written report to the board that includes its recommendations. Mediation shall be 29 informally conducted without regard to the rules of evidence. If mediation is 30 successful, the complaint shall be closed subject to the terms of the mediation and the 31 approval of the board. The board shall approve a mediated agreement under this
01 subsection unless good cause is shown that the agreement is contrary to law or the 02 facts of the case. The peer review committee may oversee a resolution that the parties 03 agree on, including refunds, payment of damages, release of claims, fines, disciplinary 04 action, or other action that is just and equitable under the circumstances. The peer 05 review committee proceedings and records are confidential and are not subject to the 06 public records law under AS 40.25.100 - 40.25.220. The committee may request the 07 assistance of counsel through the department and the Department of Law. 08 (g) Within 30 days after service of the peer review committee findings and 09 decision, a party to the peer review may appeal the peer review committee's findings 10 and decision to the board if the decision includes a recommendation for disciplinary 11 action by the board. The appeal shall be limited to a decision by the board of whether 12 sufficient evidence supported the findings and decision of the peer review committee. 13 An appeal to the board under this subsection does not disqualify the board from 14 reviewing further decisions on the matter. 15 (h) The board shall appoint a disciplinary committee made up of three 16 currently licensed dentists who have each been engaged in the practice of dentistry in 17 the state for at least five years in the same field as the licensee. The disciplinary 18 committee shall review complaints referred to it by a peer review committee or by the 19 board. The disciplinary committee is not bound by a peer review committee's findings 20 in cases that have involved peer review and may fully reconsider the issues and 21 conduct an evidentiary hearing consistent with the court rules of evidence and civil 22 procedure. The parties may be represented by counsel at a proceeding of the 23 disciplinary committee. After a hearing, the disciplinary committee shall issue written 24 findings and a decision that dismisses the case, accepts the findings of a peer review 25 committee with or without modification and orders disciplinary action, remands the 26 matter back to a peer review committee, or orders disciplinary action. The department 27 shall provide necessary staff to support the disciplinary committee except that 28 disciplinary and enforcement recommendations shall be made only by a member of 29 the disciplinary committee, the peer review committee, or the board. Each member of 30 the disciplinary committee shall be present during the presentation of evidence in 31 order to participate in the decision on a matter. The disciplinary committee may
01 resolve a complaint through a stipulated agreement with the licensee in lieu of a 02 hearing at any stage in the proceedings. 03 (i) At the next regularly scheduled board meeting, the board shall conduct a 04 review of the disciplinary committee recommendations and shall either affirm the 05 decision or remand the matter to the disciplinary committee with instructions. A party 06 may appeal a board decision to the superior court within 30 days after the filing and 07 service of the board decision. 08 (j) Decisions made under this section shall be made by a quorum of the 09 committee membership. 10 (k) The department, with the assistance of the Department of Law, shall 11 investigate and present a complaint involving a dentist or dental hygienist and may 12 negotiate a settlement agreement with a licensee, subject to the approval of the 13 committee and the board. The department and the Department of Law may not have ex 14 parte contact with the board or a disciplinary or peer review committee member. The 15 disciplinary committee shall appoint an attorney to serve as administrative law judge 16 who shall rule on matters of law and procedure and who may issue subpoenas. The 17 committee shall serve as the sole fact finder and shall issue written findings, based on 18 clear and convincing evidence, and a recommendation of discipline or dismissal of the 19 complaint to the board, within 180 days following the conclusion of the hearing. 20 (l) A licensee may appeal a decision of the disciplinary committee to the full 21 board by filing a written notice of appeal on a form provided by the board within 30 22 days after receiving notice of a decision of the disciplinary committee. The board shall 23 review the evidence and the conclusions and recommendations. The board shall issue 24 a written decision within 90 days after receiving the notice of appeal and shall mail a 25 copy of the decision to the licensee. A board decision under this section is a final 26 administrative decision subject to appeal to the superior court. Documents pertaining 27 to an administrative appeal are confidential, and the heading shall be styled "in the 28 matter of" followed by the licensee's initials. 29 (m) Evidence at any stage of a disciplinary proceeding shall be admitted under 30 the standards set out in the Alaska Rules of Evidence except that rebuttal testimony of 31 patients of the licensee may not be excluded. An expert shall be allowed to testify
01 before the board only if the expert is a licensed dentist in good standing and is actively 02 engaged in the clinical practice of dentistry. The conduct of the hearing shall adhere to 03 the extent practicable to the Alaska Rules of Civil Procedure. 04 (n) The attorney for the licensee is entitled to receive copies of all relevant 05 material, including names of witnesses and investigative records in the possession and 06 control of the department or the Department of Law. The department shall provide 07 copies to the licensee not later than 120 days before a disciplinary hearing. Failure to 08 timely disclose relevant evidence shall result in the exclusion of the nondisclosed 09 evidence. 10 (o) Disciplinary committees and peer review committees established under 11 this section are review organizations for the purposes of AS 18.23.005 - 18.23.070. 12 (p) An administrative law judge appointed to a disciplinary matter may enter 13 an order requiring the licensee to pay a portion of the reasonable costs of the 14 disciplinary hearing if the judge finds by clear and convincing evidence that the 15 licensee acted maliciously or outrageously toward a patient. A cost order may not 16 exceed 50 percent of actual costs. A licensee shall be entitled to a portion of the 17 licensee's reasonable defense costs and fees incurred as part of a disciplinary matter if 18 the administrative law judge determines that the department or the Department of Law 19 acted in bad faith or recklessly in pursing the disciplinary matter. Not more than 50 20 percent of the licensee's reasonable costs and fees may be imposed. 21 (q) Investigative, peer review, and disciplinary records shall be confidential 22 and related disciplinary and peer review proceedings shall be closed to the public 23 except that a summary of the results of a disciplinary proceeding may be released to 24 the public after the board has issued a final decision in a matter. Information and 25 records obtained through disciplinary investigations and peer review and disciplinary 26 proceedings are not subject to disclosure under subpoena or court order. 27 * Sec. 16. AS 08.36.317 is amended to read: 28 Sec. 08.36.317. Civil fine authority. Notwithstanding AS 08.01.075(a), in a 29 disciplinary action, the board may impose a civil fine not to exceed $250,000 30 [$25,000] for each complaint resulting in a finding of a violation or violations of 31 this chapter or of a regulation adopted under this chapter.
01 * Sec. 17. AS 08.36.320(c) is amended to read: 02 (c) The board may summarily suspend the license of a licensee who refuses to 03 submit to a physical or mental examination under AS 08.36.070(b)(1). A person 04 whose license is suspended under this section is entitled to a hearing conducted by the 05 board [OFFICE OF ADMINISTRATIVE HEARINGS (AS 44.64.010)] within seven 06 days after the effective date of the order. If, after a hearing, the board upholds the 07 suspension, the licensee may appeal the suspension to a court of competent 08 jurisdiction. 09 * Sec. 18. AS 08.36.320 is amended by adding a new subsection to read: 10 (f) For purposes of implementing the board's power to summarily suspend a 11 license under AS 08.01.075(c), the term "clear and immediate danger to the public 12 health and safety" in AS 08.01.075(c), as applied to persons licensed under this 13 chapter, means that the licensee's physical or mental condition or professional 14 judgment is such that patients will likely suffer serious injury or death if the licensee is 15 permitted to continue to practice dentistry. Proof of "clear and immediate danger to the 16 public health and safety" shall be by clear and convincing evidence and shall be based 17 on verifiable recent harm to patients when there was a substantial probability of death 18 or serious personal injury to the patient. 19 * Sec. 19. AS 08.36 is amended by adding new sections to read: 20 Sec. 08.36.325. Statute of limitations. A disciplinary action may not be 21 considered by the board or a committee of the board if the conduct giving rise to a 22 complaint or accusation has occurred, or is discovered after reasonable inquiry, more 23 than two years before the filing of a complaint or accusation except when the licensee 24 has actively attempted to conceal the conduct. 25 Sec. 08.36.330. Disciplinary action; board principles. The board shall be 26 ultimately responsible for approving and imposing all disciplinary actions. The 27 governing principle of all disciplinary investigations and proceedings shall be direct, 28 confidential, and candid peer review, with a focus on solving and correcting 29 deficiencies, not on punishment or public humiliation. The board shall establish 30 standards in regulation for the imposition of consistent discipline linked to each action 31 giving rise to the discipline.
01 * Sec. 20. AS 08.36.365 is amended by adding new paragraphs to read: 02 (5) be judged by the dentist's peers who are licensed dentists in the 03 state; 04 (6) be treated consistently and fairly, in light of the goal of upholding 05 the professional and personal dignity of the licensee and the profession in general; 06 (7) be afforded privacy and confidentiality; in light of the number of 07 unfounded patient allegations made and the harmful effects those allegations have on 08 the professional reputation of the licensee, and in order to promote true peer review, 09 investigations and disciplinary hearings shall be closed to the public and the records 10 shall be confidential. 11 * Sec. 21. AS 18.23.070(5) is amended to read: 12 (5) "review organization" means 13 (A) a hospital governing body or a committee whose 14 membership is limited to health care providers and administrative staff, except 15 where otherwise provided for by state or federal law, and that is established by 16 a hospital, by a clinic, by one or more state or local associations of health care 17 providers, by an organization of health care providers from a particular area or 18 medical institution, or by a professional standards review organization 19 established under 42 U.S.C. 1320c-1, to gather and review information relating 20 to the care and treatment of patients for the purposes of 21 (i) evaluating and improving the quality of health care 22 rendered in the area or medical institution; 23 (ii) reducing morbidity or mortality; 24 (iii) obtaining and disseminating statistics and 25 information relative to the treatment and prevention of diseases, illness, 26 and injuries; 27 (iv) developing and publishing guidelines showing the 28 norms of health care in the area or medical institution; 29 (v) developing and publishing guidelines designed to 30 keep the cost of health care within reasonable bounds; 31 (vi) reviewing the quality or cost of health care services
01 provided to enrollees of health maintenance organizations; 02 (vii) acting as a professional standards review 03 organization under 42 U.S.C. 1320c; 04 (viii) reviewing, ruling on, or advising on controversies, 05 disputes, or questions between a health insurance carrier or health 06 maintenance organization and one or more of its insured or enrollees; 07 between a professional licensing board, acting under its powers of 08 discipline or license revocation or suspension, and a health care 09 provider licensed by it when the matter is referred to a review 10 organization by the professional licensing board; between a health care 11 provider and the provider's patients concerning diagnosis, treatment, or 12 care, or a charge or fee; between a health care provider and a health 13 insurance carrier or health maintenance organization concerning a 14 charge or fee for health care services provided to an insured or enrollee; 15 or between a health care provider or the provider's patients and the 16 federal or a state or local government, or an agency of the federal or a 17 state or local government; 18 (ix) acting on the recommendation of a credential 19 review committee or a grievance committee; 20 (B) the State Medical Board established by AS 08.64.010; 21 (C) a committee established by the commissioner of health and 22 social services and approved by the State Medical Board to review public 23 health issues regarding morbidity or mortality; at least 75 percent of the 24 committee members must be health care providers; 25 (D) the Joint Commission on Accreditation of Healthcare 26 Organizations (JCAHO); 27 (E) the state Board of Dental Examiners established under 28 AS 08.36.010 and a disciplinary or peer review committee established by 29 the Board of Dental Examiners. 30 * Sec. 22. AS 44.64.030(a)(6) is amended to read: 31 (6) AS 08 (occupational licensing), other than AS 08.08, AS 08.32,
01 AS 08.36, and AS 08.62.046; 02 * Sec. 23. AS 44.62.330(a)(2) is repealed. 03 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. AS 08.36.316, added by sec. 15 of this Act, applies to complaints 06 filed on or after the effective date of this Act. 07 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITIONAL PROVISION; BOARD MEMBERS. Notwithstanding 10 AS 08.36.010, as amended by secs. 6 and 7 of this Act, a member of the Board of Dental 11 Examiners who holds a position on the board on the day before the effective date of this Act 12 may continue to hold the position, subject to removal as provided by law, until the person's 13 term expires. Appointments occurring on or after the effective date of this Act are governed 14 by AS 08.36.010, as amended by secs. 6 and 7 of this Act, whether the appointment is for a 15 new term or to fill the unexpired portion of a term. 16 * Sec. 26. This Act takes effect immediately under AS 01.10.070(c).