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SB 191: "An Act relating to disciplinary sanctions imposed by the State Medical Board; restricting employees and representatives of abortion services providers, and affiliates of abortion services providers, from delivering instruction or distributing materials in public schools and providing civil penalties for violations; relating to revocation or suspension of teacher certificates; relating to the receipt of state funds by teachers and school board members; and providing for an effective date."

00                             SENATE BILL NO. 191                                                                         
01 "An Act relating to disciplinary sanctions imposed by the State Medical Board;                                          
02 restricting employees and representatives of abortion services providers, and affiliates of                             
03 abortion services providers, from delivering instruction or distributing materials in                                   
04 public schools and providing civil penalties for violations; relating to revocation or                                  
05 suspension of teacher certificates; relating to the receipt of state funds by teachers and                              
06 school board members; and providing for an effective date."                                                             
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 08.64.326(a) is amended to read:                                                                   
09            (a)  The board may impose a sanction if the board finds after a hearing that a                               
10       licensee                                                                                                          
11                 (1)  secured a license through deceit, fraud, or intentional                                            
12       misrepresentation;                                                                                                
13                 (2)  engaged in deceit, fraud, or intentional misrepresentation while                                   
01       providing professional services or engaging in professional activities;                                           
02                 (3)  advertised professional services in a false or misleading manner;                                  
03                 (4)  has been convicted, including conviction based on a guilty plea or                                 
04       plea of nolo contendere, of                                                                                       
05                      (A)  a class A or unclassified felony or a crime in another                                        
06            jurisdiction with elements similar to a class A or unclassified felony in this                               
07            jurisdiction;                                                                                                
08                      (B)  a class B or class C felony or a crime in another jurisdiction                                
09            with elements similar to a class B or class C felony in this jurisdiction if the                             
10            felony or other crime is substantially related to the qualifications, functions, or                          
11            duties of the licensee; or                                                                                   
12                      (C)  a crime involving the unlawful procurement, sale,                                             
13            prescription, or dispensing of drugs;                                                                        
14                 (5)  has procured, sold, prescribed, or dispensed drugs in violation of a                               
15       law regardless of whether there has been a criminal action;                                                       
16                 (6)  intentionally or negligently permitted the performance of patient                                  
17       care by persons under the licensee's supervision that does not conform to minimum                                 
18       professional standards even if the patient was not injured;                                                       
19                 (7)  failed to comply with this chapter, a regulation adopted under this                                
20       chapter, or an order of the board;                                                                                
21                 (8)  has demonstrated                                                                                   
22                      (A)  professional incompetence, gross negligence, or repeated                                      
23            negligent conduct; the board may not base a finding of professional                                          
24            incompetence solely on the basis that a licensee's practice is unconventional or                             
25            experimental in the absence of demonstrable physical harm to a patient;                                      
26                      (B)  addiction to, severe dependency on, or habitual overuse of                                    
27            alcohol or other drugs that impairs the licensee's ability to practice safely;                               
28                      (C)  unfitness because of physical or mental disability;                                           
29                 (9)  engaged in unprofessional conduct, in sexual misconduct, or in                                     
30       lewd or immoral conduct in connection with the delivery of professional services to                               
31       patients; in this paragraph, "sexual misconduct" includes sexual contact, as defined by                           
01       the board in regulations adopted under this chapter, or attempted sexual contact with a                           
02       patient outside the scope of generally accepted methods of examination or treatment of                            
03       the patient, regardless of the patient's consent or lack of consent, during the term of the                       
04       physician-patient relationship, as defined by the board in regulations adopted under                              
05       this chapter, unless the patient was the licensee's spouse at the time of the contact or,                         
06       immediately preceding the physician-patient relationship, was in a dating, courtship,                             
07       or engagement relationship with the licensee;                                                                     
08                 (10)  has violated AS 18.16.010;                                                                        
09                 (11)  has violated any code of ethics adopted by regulation by the                                      
10       board;                                                                                                            
11                 (12)  has denied care or treatment to a patient or person seeking                                       
12       assistance from the physician if the only reason for the denial is the failure or refusal                         
13       of the patient to agree to arbitrate as provided in AS 09.55.535(a); [OR]                                         
14                 (13)  has had a license or certificate to practice medicine in another                                  
15       state or territory of the United States, or a province or territory of Canada, denied,                            
16       suspended, revoked, surrendered while under investigation for an alleged violation,                               
17       restricted, limited, conditioned, or placed on probation unless the denial, suspension,                           
18       revocation, or other action was caused by the failure of the licensee to pay fees to that                         
19       state, territory, or province; or                                                                             
20                 (14)  has violated AS 14.03.092.                                                                    
21    * Sec. 2. AS 08.64.331 is amended by adding a new subsection to read:                                              
22            (g)  If the board finds that a licensee has violated AS 14.03.092, the board shall                           
23       suspend or revoke the licensee's license to practice.                                                             
24    * Sec. 3. AS 14.03 is amended by adding a new section to read:                                                     
25            Sec. 14.03.092. Restricting activities of abortion services providers and                                  
26       affiliates in public schools. (a) An employee or representative of an abortion services                         
27       provider or of an affiliate of an abortion services provider may not                                              
28                 (1)  present or deliver any instruction or program on any topic to                                      
29       students at a public school;                                                                                      
30                 (2)  distribute materials to or display materials for students at a public                              
31       school; or                                                                                                        
01                 (3)  provide materials of any kind to a person if                                                       
02                      (A)  the materials were created by or bear the identifying mark                                    
03            of the abortion services provider or the affiliate of an abortion services                                   
04            provider; and                                                                                                
05                      (B)  the employee or representative knows that the person to                                       
06            whom the materials are provided intends to use the materials for instruction in                              
07            a public school or to distribute the materials to or display the materials for                               
08            students at a public school.                                                                                 
09            (b)  A teacher or school board member may not knowingly authorize or allow a                                 
10       person to take an action described in (a)(1) or (2) of this section.                                              
11            (c)  An abortion services provider or an affiliate of an abortion services                                   
12       provider whose employee or representative violates (a) of this section is liable in a                             
13       civil action for a penalty of $5,000 or actual damages, whichever is greater, plus costs                          
14       and reasonable attorney fees, to each aggrieved student or the student's estate.                                  
15            (d)  A teacher or school board member who violates (b) of this section may not                               
16       receive state funds on or after the date of the violation.                                                        
17            (e)  In this section,                                                                                        
18                 (1)  "abortion services provider" means a person who performs elective                                  
19       abortions;                                                                                                        
20                 (2)  "affiliate of an abortion services provider" means a person who has                                
21       a legal relationship with a person who performs elective abortions; for purposes of this                          
22       paragraph, a legal relationship is created by at least one written instrument                                     
23       demonstrating                                                                                                     
24                      (A)  common ownership, management, or control;                                                     
25                      (B)  the existence of a franchise; or                                                              
26                      (C)  the granting or extension of a license or other agreement                                     
27            authorizing common use of a brand name, trademark, service mark, or other                                    
28            registered identification mark;                                                                              
29                 (3)  "elective abortion" has the meaning given in AS 47.07.068;                                         
30                 (4)  "knows" and "knowingly" have the meaning given to "knowingly"                                      
31       in AS 11.81.900(a);                                                                                               
01                 (5)  "teacher" has the meaning given in AS 14.20.350.                                                   
02    * Sec. 4. AS 14.20.030(a) is amended to read:                                                                      
03            (a)  The commissioner or the Professional Teaching Practices Commission                                      
04       may revoke or suspend a certificate only for the following reasons:                                               
05                 (1)  incompetency, which is defined as the inability or the unintentional                               
06       or intentional failure to perform the teacher's customary teaching duties in a                                    
07       satisfactory manner;                                                                                              
08                 (2)  immorality, which is defined as the commission of an act which,                                    
09       under the laws of the state, constitutes a crime involving moral turpitude;                                       
10                 (3)  substantial noncompliance with the school laws of the state or the                                 
11       regulations of the department; [OR]                                                                               
12                 (4)  upon a determination by the Professional Teaching Practices                                        
13       Commission that there has been a violation of ethical or professional standards or                                
14       contractual obligations; or                                                                                   
15                 (5)  a violation of AS 14.03.092.                                                                   
16    * Sec. 5. AS 14.20.170(a) is amended to read:                                                                      
17            (a)  A teacher, including a teacher who has acquired tenure rights, may be                                   
18       dismissed at any time only for the following causes:                                                              
19                 (1)  incompetency, which is defined as the inability or the unintentional                               
20       or intentional failure to perform the teacher's customary teaching duties in a                                    
21       satisfactory manner;                                                                                              
22                 (2)  immorality, which is defined as the commission of an act that,                                     
23       under the laws of the state, constitutes a crime involving moral turpitude; [OR]                                  
24                 (3)  substantial noncompliance with the school laws of the state, the                                   
25       regulations or bylaws of the department, the bylaws of the district, or the written rules                         
26       of the superintendent; or                                                                                     
27                 (4)  a violation of AS 14.03.092.                                                                   
28    * Sec. 6. AS 14.20.175(b) is amended to read:                                                                      
29            (b)  A teacher who has acquired tenure rights is subject to nonretention for the                             
30       following school year only for the following causes:                                                              
31                 (1)  the school district demonstrates that                                                              
01                      (A)  the district has fully complied with the requirements of                                      
02            AS 14.20.149 with respect to the tenured teacher;                                                            
03                      (B)  the teacher's performance, after completion of the plan of                                    
04            improvement, failed to meet the performance objectives set out in the plan; and                              
05                      (C)  the evaluation of the teacher established that the teacher                                    
06            does not meet the district performance standards;                                                            
07                 (2)  immorality, which is defined as the commission of an act that,                                     
08       under the laws of the state, constitutes a crime involving moral turpitude; [OR]                                  
09                 (3)  substantial noncompliance with the school laws of the state, the                                   
10       regulations or bylaws of the department, the bylaws of the district, or the written rules                         
11       of the superintendent; or                                                                                     
12                 (4)  a violation of AS 14.03.092.                                                                   
13    * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to                          
14 read:                                                                                                                   
15       SEVERABILITY. Under AS 01.10.030, if any provision of this Act or the application                                 
16 of this Act to any person or circumstance is held invalid, the remainder of this Act and the                            
17 application to other persons or circumstances are not affected.                                                         
18    * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).