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