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
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
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
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;
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
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
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.