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HB 97: "An Act relating to the prescription of drugs by a physician assistant without physical examination."

00                              HOUSE BILL NO. 97                                                                          
01 "An Act relating to the prescription of drugs by a physician assistant without physical                                 
02 examination."                                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 08.64.101(a) is amended to read:                                                                   
05            (a)  The board shall                                                                                         
06                 (1)  except as provided in regulations adopted by the board under (b) of                                
07       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 or                                                 
06 physician assistant who is rendering a diagnosis, providing treatment, or prescribing,                              
07 dispensing, or administering a prescription drug to a person without conducting a                                       
08 physical examination under AS 08.64.364; the guidelines must include a nationally                                       
09 recognized model policy for standards of care of a patient who is at a different location                               
10       than the physician or physician assistant;                                                                    
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 08.64.364(a) is amended to read:                                                                      
15 (a)  The board may not impose disciplinary sanctions on a physician or                                              
16 physician assistant for rendering a diagnosis, providing treatment, or prescribing,                                 
17 dispensing, or administering a prescription drug that is not a controlled substance to a                                
18       person without conducting a physical examination if                                                               
19 (1)  the physician, physician assistant, or another licensed health care                                            
20 provider [OR PHYSICIAN] in the medical [PHYSICIAN'S GROUP] practice is                                              
21       available to provide follow-up care; and                                                                          
22 (2)  the physician or physician assistant requests that the person                                                  
23 consent to sending a copy of all records of the encounter to the person's primary care                                  
24 provider if the prescribing physician or physician assistant is not the person's primary                            
25 care provider [,] and, if the person [PATIENT] consents, the physician or physician                             
26       assistant sends the records to the person's primary care provider.                                            
27    * Sec. 3. AS 08.64.364(b) is amended to read:                                                                      
28 (b)  The board may not impose disciplinary sanctions on a physician or                                              
29 physician assistant for prescribing, dispensing, or administering a prescription drug                               
30 that is a controlled substance or botulinum toxin if the requirements under (a) of this                                 
31 section and AS 08.64.363 are met and the physician or physician assistant prescribes,                               
01 dispenses, or administers the controlled substance or botulinum toxin when an                                           
02 appropriate licensed health care provider is present with the person [PATIENT] to                                   
03 assist the physician or physician assistant with examination, diagnosis, and                                        
04       treatment.                                                                                                        
05    * Sec. 4. AS 08.64.364(c) is amended to read:                                                                      
06            (c)  Notwithstanding (a) and (b) of this section,                                                            
07                 (1)  a physician may not [(1)] prescribe, dispense, or administer an                                
08       abortion-inducing drug under (a) of this section unless the physician complies with                               
09       AS 18.16.010; and [OR]                                                                                        
10 (2)  a physician or physician assistant may not prescribe, dispense,                                                
11 or administer a prescription drug in response to an Internet questionnaire or electronic                                
12 mail message to a person with whom the physician or physician assistant does not                                    
13       have a prior physician-patient relationship.