CSSB 78(HSS): "An Act relating to telehealth."
00 CS FOR SENATE BILL NO. 78(HSS) 01 "An Act relating to telehealth." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.15 is amended by adding a new section to read: 04 Sec. 08.15.045. Telehealth. (a) A person licensed under this chapter may 05 practice behavior analysis through telehealth as defined in AS 47.05.270(e). A person 06 licensed to practice behavior analysis in another jurisdiction may practice behavior 07 analysis through telehealth with a patient in this state if the person's license is in good 08 standing in that jurisdiction. 09 (b) If a person licensed to practice behavior analysis determines in the course 10 of a telehealth encounter with a patient that the encounter will extend beyond the 11 licensee's authorized scope of practice, the licensee shall advise the patient that the 12 licensee is not authorized to provide the services to the patient, recommend that the 13 patient contact an appropriate provider, and terminate the encounter. The licensee may 14 not charge for services provided during an encounter described in this subsection. 15 (c) A fee for a service provided through telehealth under this section must be
01 reasonable and may not exceed the ordinary fees typically charged for that service. 02 * Sec. 2. AS 08.29 is amended by adding a new section to article 3 to read: 03 Sec. 08.29.240. Telehealth. (a) A person licensed under this chapter may 04 practice professional counseling through telehealth as defined in AS 47.05.270(e). A 05 person licensed to practice professional counseling in another jurisdiction may 06 practice professional counseling through telehealth with a client in this state if the 07 person's license is in good standing in that jurisdiction. 08 (b) If a person licensed to practice professional counseling determines in the 09 course of a telehealth encounter with a client that the encounter will extend beyond the 10 scope of practice or scope of services permitted under (a) of this section, the licensee 11 shall advise the client that the licensee is not authorized to provide the services to the 12 client, recommend that the client contact an appropriate provider, and terminate the 13 encounter. The licensee may not charge for services provided during an encounter 14 described in this subsection. 15 (c) A fee for a service provided through telehealth under this section must be 16 reasonable and may not exceed the ordinary fees typically charged for that service. 17 * Sec. 3. AS 08.63 is amended by adding a new section to read: 18 Sec. 08.63.250. Telehealth. (a) A person licensed under this chapter may 19 practice marital and family therapy through telehealth as defined in AS 47.05.270(e). 20 A person licensed to practice marital and family therapy in another jurisdiction may 21 practice marital and family therapy through telehealth with a client in this state if the 22 person's license is in good standing in that jurisdiction. 23 (b) If a person licensed to practice marital and family therapy determines in 24 the course of a telehealth encounter with a client that the encounter will extend beyond 25 the scope of practice or scope of services permitted under (a) of this section, the 26 licensee shall advise the client that the licensee is not authorized to provide the 27 services to the client, recommend that the client contact an appropriate provider, and 28 terminate the encounter. The licensee may not charge for services provided during an 29 encounter described in this subsection. 30 (c) A fee for a service provided through telehealth under this section must be 31 reasonable and may not exceed the ordinary fees typically charged for that service.
01 * Sec. 4. AS 08.64.170(a) is amended to read: 02 (a) A person may not practice medicine, podiatry, or osteopathy in the state 03 unless the person is licensed under this chapter, except that 04 (1) a physician assistant may examine, diagnose, or treat persons under 05 the supervision, control, and responsibility of either a physician licensed under this 06 chapter or a physician exempted from licensing under AS 08.64.370; 07 (2) a mobile intensive care paramedic may render emergency 08 lifesaving service; 09 (3) a person who is licensed or authorized under another chapter of this 10 title may engage in a practice that is authorized under that chapter; [AND] 11 (4) a person may perform routine medical duties delegated under 12 AS 08.64.106; and 13 (5) a person may provide treatment, render a diagnosis, or 14 prescribe, dispense, or administer a prescription, excluding a controlled 15 substance listed under AS 11.71.140 - 11.71.190, as authorized under 16 AS 08.64.175. 17 * Sec. 5. AS 08.64 is amended by adding a new section to read: 18 Sec. 08.64.175. Telehealth. (a) A health care provider may provide treatment, 19 render a diagnosis, or prescribe, dispense, or administer a prescription, excluding a 20 controlled substance listed under AS 11.71.140 - 11.71.190, through telehealth as 21 defined in AS 47.05.270(e), without first conducting an in-person physical 22 examination, if 23 (1) the health care provider is licensed, permitted, or certified to 24 provide health care services in another jurisdiction and is in good standing in the 25 jurisdiction that issued the license, permit, or certification; 26 (2) the health care services provided without an in-person physical 27 examination are within the provider's authorized scope of practice in the jurisdiction 28 that issued the provider's license, permit, or certification; 29 (3) in the event that the health care provider determines that the 30 encounter will extend beyond the scope of practice or scope of services described in 31 this section, the health care provider advises the patient that the health care provider is
01 not authorized to provide the services to the patient, recommends that the patient 02 contact a health care provider licensed in the state, and terminates the encounter. 03 (b) The amount charged by a health care provider for services provided under 04 this section must be reasonable and may not exceed the ordinary fees typically charged 05 for that service. A health care provider who is required to terminate an encounter 06 under (a)(3) of this section may not charge for any services provided during the 07 encounter. 08 (c) In this section, "health care provider" means a person who is licensed, 09 permitted, or certified to practice medicine, podiatry, or osteopathy in this or another 10 jurisdiction. 11 * Sec. 6. AS 08.68.160 is amended to read: 12 Sec. 08.68.160. License required. A person practicing or offering to practice 13 registered, advanced practice registered, or practical nursing in the state shall submit 14 evidence of qualification to practice and shall be licensed under this chapter, except 15 that a person practicing or offering to practice registered, advanced practice 16 registered, or practical nursing may provide treatment, render a diagnosis, or 17 prescribe, dispense, or administer a prescription, excluding a controlled 18 substance listed under AS 11.71.140 - 11.71.190, as authorized under 19 AS 08.68.163. 20 * Sec. 7. AS 08.68 is amended by adding a new section to read: 21 Sec. 08.68.163. Telehealth. (a) A nurse may provide treatment, render a 22 diagnosis, or prescribe, dispense, or administer a prescription, excluding a controlled 23 substance listed under AS 11.71.140 - 11.71.190, through telehealth as defined in 24 AS 47.05.270(e), without first conducting an in-person physical examination, if 25 (1) the nurse is licensed, permitted, or certified to practice in another 26 jurisdiction and is in good standing in the jurisdiction that issued the license, permit, 27 or certification; 28 (2) the health care services provided without an in-person physical 29 examination are within the nurse's authorized scope of practice in the jurisdiction that 30 issued the nurse's license, permit, or certification; 31 (3) in the event that the nurse determines that the encounter will extend
01 beyond the scope of practice or scope of services described in this section, the nurse 02 advises the patient that the nurse is not authorized to provide the services to the 03 patient, recommends that the patient contact a health care provider licensed in the 04 state, and terminates the encounter. 05 (b) The amount charged by a nurse for services provided under this section 06 must be reasonable and may not exceed the ordinary fees typically charged for that 07 service. A nurse who is required to terminate an encounter under (a)(3) of this section 08 may not charge for any services provided during the encounter. 09 (c) In this section, "nurse" means a person who is licensed, permitted, or 10 certified to practice registered, advanced practice registered, or practical nursing in 11 this or another jurisdiction. 12 * Sec. 8. AS 08.86 is amended by adding a new section to article 6 to read: 13 Sec. 08.86.225. Telehealth. (a) A psychologist or psychological associate 14 licensed under this chapter may practice psychology or provide psychological 15 services, as applicable, through telehealth as defined in AS 47.05.270(e). A person 16 licensed to practice psychology or provide psychological services in another 17 jurisdiction may practice psychology or provide psychological services through 18 telehealth with a client in this state if the person's license is in good standing in that 19 jurisdiction. 20 (b) If a person licensed to practice psychology or provide psychological 21 services determines in the course of a telehealth encounter with a client that the 22 encounter will extend beyond the scope of practice or scope of services permitted 23 under (a) of this section, the licensee shall advise the client that the licensee is not 24 authorized to provide the services to the client, recommend that the client contact an 25 appropriate provider, and terminate the encounter. The licensee may not charge for 26 services provided during an encounter described in this subsection. 27 (c) A fee for a service provided through telehealth under this section must be 28 reasonable and may not exceed the ordinary fees typically charged for that service.