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
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
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
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.