Enrolled HB 280: Extending the termination date of the Board of Marital and Family Therapy; relating to the State Medical Board; relating to the licensing of physicians, osteopaths, and podiatrists; relating to the practice of medicine; relating to the practice of podiatry; relating to the practice of osteopathy; and providing for an effective date.
00Enrolled HB 280 01 Extending the termination date of the Board of Marital and Family Therapy; relating to the 02 State Medical Board; relating to the licensing of physicians, osteopaths, and podiatrists; 03 relating to the practice of medicine; relating to the practice of podiatry; relating to the practice 04 of osteopathy; and providing for an effective date. 05 _______________ 06 * Section 1. AS 08.03.010(c)(11) is amended to read: 07 (11) Board of Marital and Family Therapy (AS 08.63.010) - June 30, 08 2026 [2018]; 09 * Sec. 2. AS 08.64.101 is amended to read: 10 Sec. 08.64.101. Duties. The board shall 11 (1) except as provided in regulations adopted by the board under 12 (b) of this section, examine and issue licenses to applicants; 13 (2) develop written guidelines to ensure that licensing requirements are 14 not unreasonably burdensome and the issuance of licenses is not unreasonably
01 withheld or delayed; 02 (3) after a hearing, impose disciplinary sanctions on persons who 03 violate this chapter or the regulations or orders of the board; 04 (4) adopt regulations ensuring that renewal of licenses is contingent on 05 proof of continued competency on the part of the licensee; 06 (5) under regulations adopted by the board, contract with private 07 professional organizations to establish an impaired medical professionals program to 08 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 09 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 10 (6) adopt regulations that establish guidelines for a physician who is 11 rendering a diagnosis, providing treatment, or prescribing, dispensing, or 12 administering a prescription drug to a person without conducting a physical 13 examination under AS 08.64.364; the guidelines must include a nationally recognized 14 model policy for standards of care of a patient who is at a different location than the 15 physician; 16 (7) require that a licensee who has a federal Drug Enforcement 17 Administration registration number register with the controlled substance prescription 18 database under AS 17.30.200(o). 19 * Sec. 3. AS 08.64.101 is amended by adding a new subsection to read: 20 (b) The board may adopt regulations authorizing 21 (1) the executive secretary to grant a license to an applicant under this 22 chapter; the regulations must provide 23 (A) that the applicant meet the requirements provided under 24 this chapter; 25 (B) that the executive secretary may not grant a license under 26 this chapter if the applicant has submitted 27 (i) a list of one or more negotiated settlements and 28 judgments under AS 08.64.200(a)(3); 29 (ii) information that the applicant had a license to 30 practice medicine in another state, country, province, or territory that 31 was suspended or revoked under AS 08.64.200(a)(4); or
01 (iii) information that requires consideration by the 02 board; 03 (C) other requirements that the board determines necessary; 04 and 05 (2) a member of the board, the executive secretary, or a person 06 designated by the board to issue a temporary permit under AS 08.64.270(a) or 07 08.64.275(a) if the applicant meets the requirements established under this chapter. 08 * Sec. 4. AS 08.64 is amended by adding a new section to read: 09 Sec. 08.64.106. Delegation of routine medical duties. The board shall adopt 10 regulations authorizing a physician, podiatrist, osteopath, or physician assistant 11 licensed under this chapter to delegate routine medical duties to an agent of the 12 physician, podiatrist, osteopath, or physician assistant. The regulations must 13 (1) require that an agent who is not licensed under this chapter may 14 perform duties delegated under this section only if the agent meets applicable 15 standards established by the board; 16 (2) require that a physician, podiatrist, osteopath, or physician assistant 17 may not delegate duties related to pain management and opioid use and addiction; and 18 (3) define the phrase "routine medical duties." 19 * Sec. 5. AS 08.64.170(a) is amended to read: 20 (a) A person may not practice medicine, podiatry, or osteopathy in the state 21 unless the person is licensed under this chapter, except that 22 (1) a physician assistant may examine, diagnose, or treat persons under 23 the supervision, control, and responsibility of either a physician licensed under this 24 chapter or a physician exempted from licensing under AS 08.64.370; 25 (2) a mobile intensive care paramedic may render emergency 26 lifesaving service; [AND] 27 (3) a person who is licensed or authorized under another chapter of this 28 title may engage in a practice that is authorized under that chapter; and 29 (4) a person may perform routine medical duties delegated under 30 AS 08.64.106. 31 * Sec. 6. AS 08.64.190 is amended to read:
01 Sec. 08.64.190. Contents of application. The application must state the name, 02 age, residence, [THE DURATION OF RESIDENCE,] the time spent in medical or 03 osteopathy study, the place, year, and school in which degrees were granted, the 04 applicant's medical work history, and other information the board considers necessary. 05 The application shall be made under oath. The board may verify information in the 06 application through direct contact with the appropriate schools, medical boards, or 07 other agencies that can substantiate the information. 08 * Sec. 7. AS 08.64.230(a) is amended to read: 09 (a) If a physician applicant passes the examination and meets the requirements 10 of AS 08.64.200 and 08.64.255, the board or its executive secretary shall grant a 11 license to the applicant to practice medicine in the state. 12 * Sec. 8. AS 08.64.230(b) is amended to read: 13 (b) If an osteopath applicant passes the examination and meets the 14 requirements of AS 08.64.205 and 08.64.255, the board or its executive secretary 15 shall grant a license to the applicant to practice osteopathy in the state. 16 * Sec. 9. AS 08.64.270(a) is amended to read: 17 (a) The board, a member of the board, the executive secretary, or a person 18 designated by the board to issue temporary permits may issue a temporary permit 19 to a physician applicant, osteopath applicant, or podiatry applicant who meets the 20 requirements of AS 08.64.200, 08.64.205, 08.64.209, or 08.64.225 and pays the 21 required fee. 22 * Sec. 10. AS 08.64.275(a) is amended to read: 23 (a) A member of the board, [OR] its executive secretary, or a person 24 designated by the board to issue temporary permits may grant a temporary permit 25 to a physician or osteopath for the purpose of 26 (1) substituting for another physician or osteopath licensed in this 27 state; 28 (2) being temporarily employed by a physician or osteopath licensed in 29 this state while that physician or osteopath evaluates the permittee for permanent 30 employment; or 31 (3) being temporarily employed by a hospital or community mental
01 health center while the facility attempts to fill a vacant permanent physician or 02 osteopath staff position with a physician or osteopath licensed in this state. 03 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 06 Economic Development and the State Medical Board may adopt regulations necessary to 07 implement the changes made by this Act. The regulations take effect under AS 44.62 08 (Administrative Procedure Act), but not before the effective date of the relevant provision of 09 this Act implemented by the regulation. 10 * Sec. 12. Sections 1 and 11 of this Act take effect immediately under AS 01.10.070(c). 11 * Sec. 13. Except as provided in sec. 12 of this Act, this Act takes effect January 1, 2019.