00                      CS FOR SENATE BILL NO. 98(HSS)                                                                    
01 "An Act relating to diagnosis, treatment, and prescription of drugs without a physical                                  
02 examination by a physician; relating to the delivery of services by a licensed professional                             
03 counselor, marriage and family therapist, psychologist, psychological associate, and                                    
04 social worker by audio, video, or data communications."                                                                 
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 08.29.400 is amended by adding a new subsection to read:                                           
07            (b)  The board may not impose disciplinary sanctions on a licensee for the                                   
08       evaluation, diagnosis, or treatment of a person through audio, video, or data                                     
09       communications when physically separated from the person if                                                       
10                 (1)  the licensee or another licensed health care provider is available to                              
11       provide follow-up care; and                                                                                       
12                 (2)  the licensee requests that the person consent to sending a copy of                                 
13       all records of the encounter to a primary care provider if the licensee is not the                                
14       person's primary care provider and, if the person consents, the licensee sends the                                

01       records to the person's primary care provider.                                                                    
02    * Sec. 2. AS 08.63.210 is amended by adding new subsections to read:                                               
03            (c)  The board may not impose disciplinary sanctions on a licensee for the                                   
04       evaluation, diagnosis, supervision, or treatment of a person through audio, video, or                             
05       data communications when physically separated from the person if                                                  
06                 (1)  the licensee or another licensed health care provider is available to                              
07       provide follow-up care;                                                                                           
08                 (2)  the licensee requests that the person consent to sending a copy of                                 
09       all records of the encounter to a primary care provider if the licensee is not the                                
10       person's primary care provider and, if the person consents, the licensee sends the                                
11       records to the person's primary care provider; and                                                                
12                 (3)  the licensee meets the requirements established by the board in                                    
13       regulation.                                                                                                       
14            (d)  The board shall adopt regulations restricting evaluation, diagnosis,                                    
15       supervision, and treatment authorized under (c) of this section by establishing                                   
16       standards for training, confidentiality, supervision, practice, and related issues.                             
17    * Sec. 3. AS 08.64.364(a) is amended to read:                                                                      
18            (a)  The board may not impose disciplinary sanctions on a physician for                                      
19       rendering a diagnosis, providing treatment, or prescribing, dispensing, or                                    
20       administering a prescription drug that is not a controlled substance to a person                              
21       without conducting a physical examination if                                                                      
22                 (1)  [THE PRESCRIPTION DRUG IS                                                                          
23                      (A)  NOT A CONTROLLED SUBSTANCE; OR                                                                
24                      (B)  A CONTROLLED SUBSTANCE AND IS PRESCRIBED,                                                     
25            DISPENSED, OR ADMINISTERED BY A PHYSICIAN WHEN AN                                                            
26            APPROPRIATE LICENSED HEALTH CARE PROVIDER IS PRESENT                                                         
27            WITH THE PATIENT TO ASSIST THE PHYSICIAN WITH                                                                
28            EXAMINATION, DIAGNOSIS, AND TREATMENT;                                                                       
29                 (2)  THE PHYSICIAN IS LOCATED IN THIS STATE AND] the                                                    
30       physician or another licensed health care provider or physician in the physician's                                
31       group practice is available to provide follow-up care; and                                                        

01                 (2)  the physician requests that [(3)] the person consent                                       
02       [CONSENTS] to sending a copy of all records of the encounter to the person's primary                              
03       care provider if the prescribing physician is not the person's primary care provider,                             
04       and, if the patient consents, the physician sends the records to the person's primary                         
05       care provider.                                                                                                    
06    * Sec. 4. AS 08.64.364 is amended by adding a new subsection to read:                                              
07            (c)  The board may not impose disciplinary sanctions on a physician for                                      
08       prescribing, dispensing, or administering a prescription drug that is a controlled                                
09       substance if the requirements under (a) of this section are met and the physician                                 
10       prescribes, dispenses, or administers the controlled substance when an appropriate                                
11       licensed health care provider is present with the patient to assist the physician with                            
12       examination, diagnosis, and treatment.                                                                            
13    * Sec. 5. AS 08.86.204 is amended by adding a new subsection to read:                                              
14            (c)  The board may not impose disciplinary sanctions on a licensee for the                                   
15       evaluation, diagnosis, or treatment of a person through audio, video, or data                                     
16       communications when physically separated from the person if                                                       
17                 (1)  the licensee or another licensed health care provider is available to                              
18       provide follow-up care; and                                                                                       
19                 (2)  the licensee requests that the person consent to sending a copy of                                 
20       all records of the encounter to a primary care provider if the licensee is not the                                
21       person's primary care provider and, if the person consents, the licensee sends the                                
22       records to the person's primary care provider.                                                                    
23    * Sec. 6. AS 08.95.050 is amended by adding a new subsection to read:                                              
24            (b)  The board may not impose disciplinary sanctions on a licensee for the                                   
25       evaluation, diagnosis, or treatment of a person through audio, video, or data                                     
26       communications when physically separated from the person if                                                       
27                 (1)  the licensee or another licensed health care provider is available to                              
28       provide follow-up care; and                                                                                       
29                 (2)  the licensee requests that the person consent to sending a copy of                                 
30       all records of the encounter to a primary care provider if the licensee is not the                                
31       person's primary care provider and, if the person consents, the licensee sends the                                

01       records to the person's primary care provider.