00                      CS FOR SENATE BILL NO. 98(L&C)                                                                    
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; relating to the duties of the                                    
05 Department of Commerce, Community, and Economic Development; establishing a                                             
06 telemedicine business registry; and relating to the duties of the State Medical Board."                                 
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 08.29.400 is amended by adding a new subsection to read:                                           
09            (b)  The board may not impose disciplinary sanctions on a licensee for the                                   
10       evaluation, diagnosis, or treatment of a person through audio, video, or data                                     
11       communications when physically separated from the person if                                                       
12                 (1)  the licensee or another licensed health care provider is available to                              
13       provide follow-up care; and                                                                                       

01                 (2)  the licensee requests that the person consent to sending a copy of                                 
02       all records of the encounter to a primary care provider if the licensee is not the                                
03       person's primary care provider and, if the person consents, the licensee sends the                                
04       records to the person's primary care provider.                                                                    
05    * Sec. 2. AS 08.63.210 is amended by adding new subsections to read:                                               
06            (c)  The board may not impose disciplinary sanctions on a licensee for the                                   
07       evaluation, diagnosis, supervision, or treatment of a person through audio, video, or                             
08       data communications when physically separated from the person if                                                  
09                 (1)  the licensee or another licensed health care provider is available to                              
10       provide follow-up care;                                                                                           
11                 (2)  the licensee requests that the person consent to sending a copy of                                 
12       all records of the encounter to a primary care provider if the licensee is not the                                
13       person's primary care provider and, if the person consents, the licensee sends the                                
14       records to the person's primary care provider; and                                                                
15                 (3)  the licensee meets the requirements established by the board in                                    
16       regulation.                                                                                                       
17            (d)  The board shall adopt regulations restricting the evaluation, diagnosis,                                
18       supervision, and treatment of a person as authorized under (c) of this section by                                 
19       establishing standards of care, including standards for training, confidentiality,                                
20       supervision, practice, and related issues.                                                                        
21    * Sec. 3. AS 08.64.101 is amended to read:                                                                         
22            Sec. 08.64.101. Duties. The board shall                                                                    
23                 (1)  examine and issue licenses to applicants;                                                          
24                 (2)  develop written guidelines to ensure that licensing requirements are                               
25       not unreasonably burdensome and the issuance of licenses is not unreasonably                                      
26       withheld or delayed;                                                                                              
27                 (3)  after a hearing, impose disciplinary sanctions on persons who                                      
28       violate this chapter or the regulations or orders of the board;                                                   
29                 (4)  adopt regulations ensuring that renewal of licenses is contingent on                           
30       [UPON] proof of continued competency on the part of the licensee; and                                             
31                 (5)  under regulations adopted by the board, contract with private                                      

01       professional organizations to establish an impaired medical professionals program to                              
02       identify, confront, evaluate, and treat persons licensed under this chapter who abuse                             
03       alcohol, other drugs, or other substances or are mentally ill or cognitively impaired;                        
04                 (6)  adopt regulations establishing standards of care for a physician                               
05       who is rendering a diagnosis, providing treatment, or prescribing, dispensing, or                             
06       administering a prescription drug to a person without conducting a physical                                   
07       examination under AS 08.64.364; the regulations must include a nationally                                     
08       recognized model policy for standards of care of a patient who is at a different                              
09       location than the physician.                                                                                  
10    * Sec. 4. AS 08.64.364(a) is amended to read:                                                                      
11            (a)  The board may not impose disciplinary sanctions on a physician for                                      
12       rendering a diagnosis, providing treatment, or prescribing, dispensing, or                                    
13       administering a prescription drug that is not a controlled substance to a person                              
14       without conducting a physical examination if                                                                      
15                 (1)  [THE PRESCRIPTION DRUG IS                                                                          
16                      (A)  NOT A CONTROLLED SUBSTANCE; OR                                                                
17                      (B)  A CONTROLLED SUBSTANCE AND IS PRESCRIBED,                                                     
18            DISPENSED, OR ADMINISTERED BY A PHYSICIAN WHEN AN                                                            
19            APPROPRIATE LICENSED HEALTH CARE PROVIDER IS PRESENT                                                         
20            WITH THE PATIENT TO ASSIST THE PHYSICIAN WITH                                                                
21            EXAMINATION, DIAGNOSIS, AND TREATMENT;                                                                       
22                 (2)  THE PHYSICIAN IS LOCATED IN THIS STATE AND] the                                                    
23       physician or another licensed health care provider or physician in the physician's                                
24       group practice is available to provide follow-up care; and                                                        
25                 (2)  the physician requests that [(3)] the person consent                                       
26       [CONSENTS] to sending a copy of all records of the encounter to the person's primary                              
27       care provider if the prescribing physician is not the person's primary care provider,                             
28       and, if the patient consents, the physician sends the records to the person's primary                         
29       care provider.                                                                                                    
30    * Sec. 5. AS 08.64.364 is amended by adding new subsections to read:                                               
31            (c)  The board may not impose disciplinary sanctions on a physician for                                      

01       prescribing, dispensing, or administering a prescription drug that is a controlled                                
02       substance if the requirements under (a) of this section are met and the physician                                 
03       prescribes, dispenses, or administers the controlled substance when an appropriate                                
04       licensed health care provider is present with the patient to assist the physician with                            
05       examination, diagnosis, and treatment.                                                                            
06            (d)  Notwithstanding (b) and (c) of this section, a physician may not                                        
07                 (1)  prescribe an abortion-inducing drug; or                                                            
08                 (2)  prescribe, dispense, or administer a prescription drug in response to                              
09       an Internet questionnaire or electronic mail message to a person with whom the                                    
10       physician does not have a prior physician-patient relationship.                                                   
11    * Sec. 6. AS 08.86.204 is amended by adding a new subsection to read:                                              
12            (c)  The board may not impose disciplinary sanctions on a licensee for the                                   
13       evaluation, diagnosis, or treatment of a person through audio, video, or data                                     
14       communications when physically separated from the person if                                                       
15                 (1)  the licensee or another licensed health care provider is available to                              
16       provide follow-up care; and                                                                                       
17                 (2)  the licensee requests that the person consent to sending a copy of                                 
18       all records of the encounter to a primary care provider if the licensee is not the                                
19       person's primary care provider and, if the person consents, the licensee sends the                                
20       records to the person's primary care provider.                                                                    
21    * Sec. 7. AS 08.95.050 is amended by adding a new subsection to read:                                              
22            (b)  The board may not impose disciplinary sanctions on a licensee for the                                   
23       evaluation, diagnosis, or treatment of a person through audio, video, or data                                     
24       communications when physically separated from the person if                                                       
25                 (1)  the licensee or another licensed health care provider is available to                              
26       provide follow-up care; and                                                                                       
27                 (2)  the licensee requests that the person consent to sending a copy of                                 
28       all records of the encounter to a primary care provider if the licensee is not the                                
29       person's primary care provider and, if the person consents, the licensee sends the                                
30       records to the person's primary care provider.                                                                    
31    * Sec. 8. AS 44.33 is amended by adding a new section to read:                                                     

01                  Article 5A. Telemedicine Business Registry.                                                          
02            Sec. 44.33.381. Telemedicine business registry. (a) The department shall                                   
03       adopt regulations for establishing and maintaining a registry of businesses performing                            
04       telemedicine services in the state.                                                                               
05            (b)  The department shall maintain the registry of businesses performing                                     
06       telemedicine services in the state. The registry must include the name, address, and                              
07       contact information of businesses performing telemedicine services in the state.                                  
08            (c)  In this section,                                                                                        
09                 (1)  "department" means the Department of Commerce, Community,                                          
10       and Economic Development;                                                                                         
11                 (2)  "telemedicine services" means the delivery of health care services                                 
12       using the transfer of medical data through audio, visual, or data communications that                             
13       are performed over two or more locations by a provider who is physically separated                                
14       from the recipient of the health care services.