txt

CSSSSB 108(FIN): "An Act relating to the State Medical Board; relating to the licensing of physicians, osteopaths, and podiatrists; relating to the certification of medical assistants; relating to the practice of medicine; relating to the practice of podiatry; relating to the practice of osteopathy; relating to assault of a medical professional; and providing for an effective date."

00           CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 108(FIN)                                                        
01 "An Act relating to the State Medical Board; relating to the licensing of physicians,                                   
02 osteopaths, and podiatrists; relating to the certification of medical assistants; relating to                           
03 the practice of medicine; relating to the practice of podiatry; relating to the practice of                             
04 osteopathy; relating to assault of a medical professional; and providing for an effective                               
05 date."                                                                                                                  
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 08.64.101 is amended to read:                                                                      
08            Sec. 08.64.101. Duties. The board shall                                                                    
09                 (1)  except as provided in regulations adopted by the board under                                   
10       (b) of this section, examine and issue licenses to applicants;                                                
11                 (2)  develop written guidelines to ensure that licensing requirements are                               
12       not unreasonably burdensome and the issuance of licenses is not unreasonably                                      
13       withheld or delayed;                                                                                              
01                 (3)  after a hearing, impose disciplinary sanctions on persons who                                      
02       violate this chapter or the regulations or orders of the board;                                                   
03                 (4)  adopt regulations ensuring that renewal of licenses is contingent on                               
04       proof of continued competency on the part of the licensee;                                                        
05 (5)  under regulations adopted by the board, contract with private                                                      
06 professional organizations to establish an impaired medical professionals program to                                    
07 identify, confront, evaluate, and treat persons licensed under this chapter who abuse                                   
08       alcohol, other drugs, or other substances or are mentally ill or cognitively impaired;                            
09                 (6)  adopt regulations that establish guidelines for a physician who is                                 
10 rendering a diagnosis, providing treatment, or prescribing, dispensing, or                                              
11 administering a prescription drug to a person without conducting a physical                                             
12 examination under AS 08.64.364; the guidelines must include a nationally recognized                                     
13 model policy for standards of care of a patient who is at a different location than the                                 
14       physician;                                                                                                        
15 (7)  require that a licensee who has a federal Drug Enforcement                                                         
16 Administration registration number register with the controlled substance prescription                                  
17       database under AS 17.30.200(o).                                                                                   
18    * Sec. 2. AS 08.64.101 is amended by adding a new subsection to read:                                              
19            (b)  The board may adopt regulations authorizing                                                             
20 (1)  the executive secretary to grant a license to an applicant under this                                              
21       chapter; the regulations must provide                                                                             
22 (A)  that the applicant meet the requirements provided under                                                            
23            this chapter;                                                                                                
24 (B)  that the executive secretary may not grant a license under                                                         
25            this chapter if the applicant has submitted                                                                  
26 (i)  a list of one or more negotiated settlements and                                                                   
27                 judgments under AS 08.64.200(a)(3);                                                                     
28 (ii)  information that the applicant had a license to                                                                   
29 practice medicine in another state, country, province, or territory that                                                
30                 was suspended or revoked under AS 08.64.200(a)(4); or                                                   
31 (iii)  information that requires consideration by the                                                                   
01                 board;                                                                                                  
02                      (C)  other requirements that the board determines necessary;                                       
03 (2)  a member of the board, the executive secretary, or a person                                                        
04 designated by the board to issue a temporary permit under AS 08.64.270(a) or                                            
05 08.64.275(a) if the applicant meets the requirements established under this chapter;                                    
06       and                                                                                                               
07                 (3)  the executive secretary to grant a certification to an applicant under                             
08       AS 08.64.108.                                                                                                     
09    * Sec. 3. AS 08.64 is amended by adding a new section to read:                                                     
10 Sec. 08.64.106. Delegation of routine medical duties. The board shall adopt                                           
11 regulations authorizing a physician, podiatrist, osteopath, or physician assistant                                      
12 licensed under this chapter to delegate routine medical duties to an agent of the                                       
13       physician, podiatrist, osteopath, or physician assistant. The regulations must                                    
14 (1)  require that an agent who is not licensed under this chapter may                                                   
15 perform duties delegated under this section only if the agent meets applicable                                          
16       standards established by the board;                                                                               
17 (2)  require that a physician, podiatrist, osteopath, or physician assistant                                            
18       may not delegate duties related to pain management and opioid use and addiction; and                              
19                 (3)  define the phrase "routine medical duties."                                                        
20    * Sec. 4. AS 08.64 is amended by adding new sections to read:                                                      
21 Sec. 08.64.108. Certification of medical assistants. (a) The board shall issue                                        
22 certification as a medical assistant to qualified applicants. The board may adopt                                       
23       regulations regarding the certification of medical assistants, including                                          
24 (1)  the training, educational, and other qualifications for certification                                              
25 that will ensure that the medical assistants are competent to perform the tasks of their                                
26 occupation; the board may recognize national certification by an approved entity to                                     
27       satisfy some or all of the qualifications for state certification; and                                            
28                 (2)  application, certification, renewal, and revocation procedures.                                    
29            (b)  The board may                                                                                           
30 (1)  conduct hearings on charges of alleged violations of this chapter or                                               
31       regulations adopted under it; and                                                                                 
01                 (2)  invoke disciplinary action under AS 08.01.075 against a medical                                    
02       assistant certified under this chapter.                                                                           
03            (c)  The department shall set fees under AS 08.01.065 for medical assistants                                 
04       for each of the following:                                                                                        
05                 (1)  application;                                                                                       
06                 (2)  certification; and                                                                                 
07                 (3)  renewal of certification.                                                                          
08            Sec. 08.64.109. Immunity for certain reports to the board. A person who, in                                
09       good faith, reports information to the board relating to alleged incidents of                                     
10 incompetent, unprofessional, or unlawful conduct of a medical assistant is not liable in                                
11       a civil action for damages resulting from the reporting of the information.                                       
12    * Sec. 5. AS 08.64 is amended by adding a new section to read:                                                     
13 Sec. 08.64.111. Representation as a medical assistant. (a) A person may not                                           
14 represent that the person is certified as a medical assistant when providing patient care                               
15       unless the person is certified as a medical assistant under this chapter.                                         
16 (b)  A person who knowingly violates this section is guilty of a class B                                                
17 misdemeanor. In this subsection, "knowingly" has the meaning given in                                                   
18       AS 11.81.900(a).                                                                                                  
19    * Sec. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. AS 08.64.360 is amended to read:                                                                        
04 Sec. 08.64.360. Penalty for practicing without a license or in violation of                                           
05 chapter. Except for a licensed physician assistant, a medical assistant, a registered                     
06 mobile intensive care paramedic, or a person licensed or authorized under another                                       
07 chapter of this title who engages in practices for which that person is licensed or                                     
08 authorized under that chapter, a person practicing medicine or osteopathy in the state                                  
09 without a valid license or permit is guilty of a class A misdemeanor. Each day of                                       
10       illegal practice is a separate offense.                                                                           
11    * Sec. 13. AS 08.64.380 is amended by adding a new paragraph to read:                                              
12 (8)  "license" means the certificate awarded by the board to a qualified                                                
13 person that entitles the person to be a physician, podiatrist, osteopath, physician                                     
14       assistant, or a medical assistant certified in this state.                                                        
15    * Sec. 14. AS 12.55.135(k)(3) is amended to read:                                                                  
16 (3)  "medical professional" means a person who is an anesthesiologist,                                                  
17 dentist, dental hygienist, health aide, nurse, nurse aide, advanced practice registered                                 
18 nurse, mental health counselor, physician, physician assistant, medical assistant,                                  
19 chiropractor, psychiatrist, osteopath, psychologist, psychological associate,                                           
20       radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.                         
21    * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to                         
22 read:                                                                                                                   
23 TRANSITION: REGULATIONS. The Department of Commerce, Community, and                                                     
24 Economic Development and the State Medical Board may adopt regulations necessary to                                     
25 implement the changes made by this Act. The regulations take effect under AS 44.62                                      
26 (Administrative Procedure Act), but not before the effective date of the relevant provision of                          
27 this Act implemented by the regulation.                                                                                 
28    * Sec. 16. Section 15 of this Act takes effect immediately under AS 01.10.070(c).                                  
29    * Sec. 17. Except as provided in sec. 16 of this Act, this Act takes effect January 1, 2019.