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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 280                                                                                                         
01 Extending the termination date of the Board of Marital and Family Therapy; relating to the                              
02 State Medical Board; relating to the licensing of physicians, osteopaths, and podiatrists;                              
03 relating to the practice of medicine; relating to the practice of podiatry; relating to the practice                    
04 of osteopathy; and providing for an effective date.                                                                     
05                           _______________                                                                               
06    * Section 1. AS 08.03.010(c)(11) is amended to read:                                                                 
07                 (11)  Board of Marital and Family Therapy (AS 08.63.010) - June 30,                                     
08       2026 [2018];                                                                                                    
09    * Sec. 2. AS 08.64.101 is amended to read:                                                                           
10            Sec. 08.64.101. Duties. The board shall                                                                      
11                 (1)  except as provided in regulations adopted by the board under                                     
12       (b) of this section, examine and issue licenses to applicants;                                                  
13                 (2)  develop written guidelines to ensure that licensing requirements are                               
14       not unreasonably burdensome and the issuance of licenses is not unreasonably                                      
01       withheld or delayed;                                                                                              
02                 (3)  after a hearing, impose disciplinary sanctions on persons who                                      
03       violate this chapter or the regulations or orders of the board;                                                   
04                 (4)  adopt regulations ensuring that renewal of licenses is contingent on                               
05       proof of continued competency on the part of the licensee;                                                        
06 (5)  under regulations adopted by the board, contract with private                                                      
07 professional organizations to establish an impaired medical professionals program to                                    
08 identify, confront, evaluate, and treat persons licensed under this chapter who abuse                                   
09       alcohol, other drugs, or other substances or are mentally ill or cognitively impaired;                            
10 (6)  adopt regulations that establish guidelines for a physician who is                                                 
11 rendering a diagnosis, providing treatment, or prescribing, dispensing, or                                              
12 administering a prescription drug to a person without conducting a physical                                             
13 examination under AS 08.64.364; the guidelines must include a nationally recognized                                     
14 model policy for standards of care of a patient who is at a different location than the                                 
15       physician;                                                                                                        
16 (7)  require that a licensee who has a federal Drug Enforcement                                                         
17 Administration registration number register with the controlled substance prescription                                  
18       database under AS 17.30.200(o).                                                                                   
19    * Sec. 3. AS 08.64.101 is amended by adding a new subsection to read:                                                
20            (b)  The board may adopt regulations authorizing                                                             
21 (1)  the executive secretary to grant a license to an applicant under this                                              
22       chapter; the regulations must provide                                                                             
23 (A)  that the applicant meet the requirements provided under                                                            
24            this chapter;                                                                                                
25 (B)  that the executive secretary may not grant a license under                                                         
26            this chapter if the applicant has submitted                                                                  
27 (i)  a list of one or more negotiated settlements and                                                                   
28                 judgments under AS 08.64.200(a)(3);                                                                     
29 (ii)  information that the applicant had a license to                                                                   
30 practice medicine in another state, country, province, or territory that                                                
31                 was suspended or revoked under AS 08.64.200(a)(4); or                                                   
01                           (iii)  information that requires consideration by the                                         
02                 board;                                                                                                  
03                      (C)  other requirements that the board determines necessary;                                       
04            and                                                                                                          
05                 (2)  a member of the board, the executive secretary, or a person                                        
06       designated by the board to issue a temporary permit under AS 08.64.270(a) or                                      
07       08.64.275(a) if the applicant meets the requirements established under this chapter.                              
08    * Sec. 4. AS 08.64 is amended by adding a new section to read:                                                       
09            Sec. 08.64.106. Delegation of routine medical duties. The board shall adopt                                  
10 regulations authorizing a physician, podiatrist, osteopath, or physician assistant                                      
11 licensed under this chapter to delegate routine medical duties to an agent of the                                       
12       physician, podiatrist, osteopath, or physician assistant. The regulations must                                    
13 (1)  require that an agent who is not licensed under this chapter may                                                   
14 perform duties delegated under this section only if the agent meets applicable                                          
15       standards established by the board;                                                                               
16 (2)  require that a physician, podiatrist, osteopath, or physician assistant                                            
17       may not delegate duties related to pain management and opioid use and addiction; and                              
18                 (3)  define the phrase "routine medical duties."                                                        
19    * Sec. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. The uncodified law of the State of Alaska is amended by adding a new section to                           
04 read:                                                                                                                   
05 TRANSITION: REGULATIONS. The Department of Commerce, Community, and                                                     
06 Economic Development and the State Medical Board may adopt regulations necessary to                                     
07 implement the changes made by this Act. The regulations take effect under AS 44.62                                      
08 (Administrative Procedure Act), but not before the effective date of the relevant provision of                          
09 this Act implemented by the regulation.                                                                                 
10    * Sec. 12. Sections 1 and 11 of this Act take effect immediately under AS 01.10.070(c).                              
11    * Sec. 13. Except as provided in sec. 12 of this Act, this Act takes effect January 1, 2019.                         
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