00 SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S 01 "An Act relating to sexual misconduct as grounds for imposing disciplinary 02 sanctions on persons licensed by the State Medical Board." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.64.326(a) is amended to read: 05 (a) The board may impose a sanction if the board finds after a hearing that a 06 licensee 07 (1) secured a license through deceit, fraud, or intentional 08 misrepresentation; 09 (2) engaged in deceit, fraud, or intentional misrepresentation while 10 providing professional services or engaging in professional activities; 11 (3) advertised professional services in a false or misleading manner; 12 (4) has been convicted, including conviction based on a guilty plea or 13 plea of nolo contendere, of 14 (A) a felony or other crime if the felony or other crime is 01 substantially related to the qualifications, functions, or duties of the licensee; 02 or 03 (B) a crime involving the unlawful procurement, sale, 04 prescription, or dispensing of drugs; 05 (5) has procured, sold, prescribed, or dispensed drugs in violation of 06 a law, regardless of whether there has been a criminal action; 07 (6) intentionally or negligently permitted the performance of patient 08 care by persons under the licensee's supervision that does not conform to minimum 09 professional standards even if the patient was not injured; 10 (7) failed to comply with this chapter, a regulation adopted under this 11 chapter, or an order of the board; 12 (8) has demonstrated 13 (A) professional incompetence, gross negligence, or repeated 14 negligent conduct; the board may not base a finding of professional 15 incompetence solely on the basis that a licensee's practice is unconventional or 16 experimental in the absence of demonstrable physical harm to a patient; 17 (B) addiction to, severe dependency on, or habitual overuse of 18 alcohol or other drugs that impairs the licensee's ability to practice safely; 19 (C) unfitness because of physical or mental disability; 20 (9) engaged in unprofessional conduct, in sexual misconduct, or in 21 lewd or immoral conduct in connection with the delivery of professional services to 22 patients; in this paragraph, "sexual misconduct" includes sexual contact, as 23 defined by the board in regulations adopted under this chapter, or attempted 24 sexual contact with a patient outside the scope of generally accepted methods of 25 examination or treatment of the patient, regardless of the patient's consent or lack 26 of consent, during the term of the physician-patient relationship, as defined by the 27 board in regulations adopted under this chapter, unless the patient was the 28 licensee's spouse at the time of the contact or, immediately preceding the 29 physician-patient relationship, was in a dating, courtship or engagement 30 relationship with the licensee; 31 (10) has violated AS 18.16.010; 01 (11) has violated any code of ethics adopted by regulation by the board; 02 (12) has denied care or treatment to a patient or person seeking 03 assistance from the physician if the only reason for the denial is the failure or refusal 04 of the patient to agree to arbitrate as provided in AS 09.55.535(a); or 05 (13) has had a license or certificate to practice medicine in another state 06 or territory of the United States, or a province or territory of Canada, suspended or 07 revoked unless the suspension or revocation was caused by the failure of the licensee 08 to pay fees to that state, territory, or province. 09 * Sec. 2. APPLICABILITY. AS 08.64.326(a)(9), as amended by this Act, applies to 10 conduct by a licensee that occurs on or after the effective date of this Act.