Legislature(2013 - 2014)
2014-09-19 Senate Journal
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Full Journal pdf2014-09-19 Senate Journal Page 2878 cases establish that "a physician has a duty to provide a patient with enough information to allow a reasonable patient to make an informed and intelligent decision concerning whether to proceed with 3 treatment." The cases did not hold that physicians are prohibited from making a diagnosis or providing a prescription over the phone. If the concern is that somehow HB 281 would alter the court's rulings on the standards that apply for informed consent between a physician and patient, the Department of Law notes that HB 281 does not amend AS 09.55.556 on standards related to a health care provider's duty to obtain the informed consent of a patient. During the legislative process and in our subsequent review, the bill's potential public benefits of health care access, affordability, and personal responsibility were rigorously weighed against concerns raised by the Board. Like the overwhelming number of legislators who voted to pass HB 281, I believe Alaskans' interests more heavily tilt to implementing HB 281. I also have a great deal of respect for the Alaska State Medical Board and its concern for losing some ability to require in-office patient examination. For these reasons, HB 281 will become law without my signature, so legislators may be reminded in the years ahead to revisit this issue, assure telemedicine is working properly for Alaskans, and to continue the dialogue between the Alaska State Medical Board, legislators, and the Executive Branch. Sincerely, /s/ Sean Parnell Governor SB 108 Message dated August 28 was received stating: Dear President Huggins, Marsingill v. O'Malley, 128 P.3d 151 (Alaska 2006) (Marsingill II) (On appeal after remand, the jury verdict in favor of the physician was upheld.) 3 Marsingill II,128 P.3d at 155, citing to Marsingill I, 58 P.3d at 503 (internal citations omitted).