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 AS 08.32.171 is repealed and reenacted to read: 21 Sec. 08.32.171.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