txt

SB 108: "An Act relating to the State Medical Board; relating to the licensing of physicians, osteopaths, and podiatrists; and providing for an effective date."

00                             SENATE BILL NO. 108                                                                         
01 "An Act relating to the State Medical Board; relating to the licensing of physicians,                                   
02 osteopaths, and podiatrists; and providing for an effective date."                                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 08.64.101, as amended by sec. 7, ch. 25, SLA 2016, is amended to read:                             
05            Sec. 08.64.101. Duties. The board shall                                                                    
06                 (1)  except as provided in regulations adopted by the board under                                   
07       (b) of this section, examine and issue licenses to applicants;                                                
08                 (2)  develop written guidelines to ensure that licensing requirements are                               
09       not unreasonably burdensome and the issuance of licenses is not unreasonably                                      
10       withheld or delayed;                                                                                              
11                 (3)  after a hearing, impose disciplinary sanctions on persons who                                      
12       violate this chapter or the regulations or orders of the board;                                                   
13                 (4)  adopt regulations ensuring that renewal of licenses is contingent on                               
14       proof of continued competency on the part of the licensee;                                                        
01 (5)  under regulations adopted by the board, contract with private                                                      
02 professional organizations to establish an impaired medical professionals program to                                    
03 identify, confront, evaluate, and treat persons licensed under this chapter who abuse                                   
04       alcohol, other drugs, or other substances or are mentally ill or cognitively impaired;                            
05 (6)  adopt regulations that establish guidelines for a physician who is                                                 
06 rendering a diagnosis, providing treatment, or prescribing, dispensing, or                                              
07 administering a prescription drug to a person without conducting a physical                                             
08 examination under AS 08.64.364; the guidelines must include a nationally recognized                                     
09 model policy for standards of care of a patient who is at a different location than the                                 
10       physician;                                                                                                        
11 (7)  require that a licensee who has a federal Drug Enforcement                                                         
12 Administration registration number register with the controlled substance prescription                                  
13       database under AS 17.30.200(o).                                                                                   
14    * Sec. 2. AS 08.64.101 is amended by adding a new subsection to read:                                              
15            (b)  The board may adopt regulations authorizing                                                             
16 (1)  the executive secretary to grant a license to an applicant under this                                              
17       chapter; the regulations must provide                                                                             
18 (A)  that the applicant meet the requirements provided under                                                            
19            this chapter;                                                                                                
20 (B)  that the executive secretary may not grant a license under                                                         
21            this chapter if the applicant has submitted                                                                  
22 (i)  a list of one or more negotiated settlements and                                                                   
23                 judgments under AS 08.64.200(a)(3);                                                                     
24 (ii)  information that the applicant had a license to                                                                   
25 practice medicine in another state, country, province, or territory that                                                
26                 was suspended or revoked under AS 08.64.200(a)(4); or                                                   
27 (iii)  information that requires consideration by the                                                                   
28                 board; and                                                                                              
29                      (C)  other requirements that the board determines necessary;                                       
30 (2)  a member of the board, the executive secretary, or a person                                                        
31 designated by the board to issue a temporary permit under AS 08.64.270(a) or                                            
01       08.64.275(a) if the applicant meets the requirements established under this chapter.                              
02    * Sec. 3. AS 08.64.190 is amended to read:                                                                       
03 Sec. 08.64.190. Contents of application. The application must state the name,                                         
04 age, residence, [THE DURATION OF RESIDENCE,] the time spent in medical or                                               
05 osteopathy study, the place, year, and school in which degrees were granted, the                                        
06 applicant's medical work history, and other information the board considers necessary.                                  
07 The application shall be made under oath. The board may verify information in the                                       
08 application through direct contact with the appropriate schools, medical boards, or                                     
09       other agencies that can substantiate the information.                                                             
10    * Sec. 4. AS 08.64.230(a) is amended to read:                                                                      
11 (a)  If a physician applicant passes the examination and meets the requirements                                         
12 of AS 08.64.200 and 08.64.255, the board or its executive secretary shall grant a                                   
13       license to the applicant to practice medicine in the state.                                                       
14    * Sec. 5. AS 08.64.230(b) is amended to read:                                                                      
15 (b)  If an osteopath applicant passes the examination and meets the                                                     
16 requirements of AS 08.64.205 and 08.64.255, the board or its executive secretary                                    
17       shall grant a license to the applicant to practice osteopathy in the state.                                       
18    * Sec. 6. AS 08.64.270(a) is amended to read:                                                                      
19 (a)  The board, a member of the board, the executive secretary, or a person                                         
20 designated by the board to issue temporary permits may issue a temporary permit                                     
21 to a physician applicant, osteopath applicant, or podiatry applicant who meets the                                      
22 requirements of AS 08.64.200, 08.64.205, 08.64.209, or 08.64.225 and pays the                                           
23       required fee.                                                                                                     
24    * Sec. 7. AS 08.64.275(a) is amended to read:                                                                      
25 (a)  A member of the board, [OR] its executive secretary, or a person                                           
26 designated by the board to issue temporary permits may grant a temporary permit                                     
27       to a physician or osteopath for the purpose of                                                                    
28 (1)  substituting for another physician or osteopath licensed in this                                                   
29       state;                                                                                                            
30 (2)  being temporarily employed by a physician or osteopath licensed in                                                 
31 this state while that physician or osteopath evaluates the permittee for permanent                                      
01       employment; or                                                                                                    
02                 (3)  being temporarily employed by a hospital or community mental                                       
03       health center while the facility attempts to fill a vacant permanent physician or                                 
04       osteopath staff position with a physician or osteopath licensed in this state.                                    
05    * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to                          
06 read:                                                                                                                   
07 TRANSITION: REGULATIONS. The Department of Commerce, Community, and                                                     
08 Economic Development and the State Medical Board may adopt regulations necessary to                                     
09 implement the changes made by this Act. The regulations take effect under AS 44.62                                      
10 (Administrative Procedure Act), but not before the effective date of the relevant provision of                          
11 this Act implemented by the regulation.                                                                                 
12    * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c).                                    
13    * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2018.