00           CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 80(FIN)                                                        
01 "An Act relating to the practice of telemedicine; relating to prescription of drugs by a                                
02 physician without a physical examination; and relating to insurance coverage for                                        
03 telemedicine."                                                                                                          
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 08.64 is amended by adding a new section to read:                                                  
06            Sec. 08.64.245. Practice of telemedicine. A physician or podiatrist licensed                               
07       under this chapter may engage in the practice of telemedicine based on data about the                             
08       patient transmitted to the physician or podiatrist by electronic or other means.                                  
09    * Sec. 2. AS 08.64 is amended by adding a new section to article 3 to read:                                        
10            Sec. 08.64.364. Prescription of drugs without physical examination. (a) The                                
11       board may not impose disciplinary sanctions on a physician for prescribing,                                       
12       dispensing, or administering a prescription drug to a person without conducting a                                 
13       physical examination if                                                                                           
14                 (1)  the prescription drug is                                                                           

01                      (A)  not a controlled substance; or                                                                
02                      (B)  a controlled substance and is prescribed, dispensed, or                                       
03            administered by a physician                                                                                  
04                           (i)  to a patient with whom the physician has an                                              
05                 established physician-patient relationship; or                                                          
06                           (ii)  when an appropriate licensed health care provider is                                    
07                 present with the patient to assist the physician with examination and                                   
08                 diagnosis;                                                                                              
09                 (2)  the physician is licensed and practicing in this state and follow-up                               
10       care is available for the patient; and                                                                            
11                 (3)  the person consents to sending a copy of all records of the                                        
12       encounter to the person's primary care provider if the prescribing physician is not the                           
13       person's primary care provider, and the physician sends the records to the person's                               
14       primary care provider.                                                                                            
15            (b)  In this section,                                                                                        
16                 (1)  "controlled substance" has the meaning given in AS 11.71.900;                                      
17                 (2)  "prescription drug" has the meaning given in AS 08.80.480;                                         
18                 (3)  "primary care provider" has the meaning given in AS 21.07.250.                                     
19    * Sec. 3. AS 08.64.380 is amended by adding a new paragraph to read:                                               
20                 (7)  "telemedicine" means the remote practice of medicine as a result of                                
21       transmission of individual patient data by electronic, telephonic, or other means to a                            
22       physician or the physician's agent.                                                                               
23    * Sec. 4. AS 21.54 is amended by adding a new section to read:                                                     
24            Sec. 21.54.102. Telemedicine. A health care insurer that offers, issues for                                
25       delivery, or renews a health care insurance plan that provides coverage for                                       
26       telemedicine may not require that prior in-person contact occur between a health care                             
27       provider and a patient before payment is made for covered services.                                               
28    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
29 read:                                                                                                                   
30       APPLICABILITY. AS 21.54.102, added by sec. 4 of this Act, applies to a health care                                
31 insurance plan offered, issued for delivery, delivered, or renewed on or after the effective date                       

01 of this Act.