CSSB 71(L&C): "An Act relating to licensure by the State Medical Board."
00CS FOR SENATE BILL NO. 71(L&C) 01 "An Act relating to licensure by the State Medical Board." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.64.200(a) is amended to read: 04 (a) Except for foreign medical graduates as specified in AS 08.64.225, each 05 physician applicant shall 06 (1) submit a certificate of graduation from a legally chartered medical 07 school accredited by the Association of American Medical Colleges and the Council 08 on Medical Education of the American Medical Association; 09 (2) submit a certificate from a recognized hospital or hospitals 10 certifying that the applicant has satisfactorily performed the duties of resident physician 11 or intern for a period of 12 (A) one year if the applicant graduated from medical school 13 before January 1, 1995, as evidenced by a certificate of completion of the 14 first year of postgraduate training from the facility where the applicant
01 completed the first year of internship or residency; and 02 (B) two years if the applicant graduated from medical school 03 on or after January 1, 1995, as evidenced by a certificate of completion of 04 the first year of postgraduate training from the facility where the applicant 05 completed the first year of internship or residency and a certificate of 06 successful completion of one additional year of postgraduate training at a 07 recognized hospital ; 08 (3) submit a list of negotiated settlements or judgments in claims or 09 civil actions alleging medical malpractice against the applicant, including an 10 explanation of the basis for each claim or action; and 11 (4) not have a license to practice medicine in another state, province, 12 or territory which is currently suspended or revoked for disciplinary reasons [; AND 13 (5) BE A CITIZEN OF THE UNITED STATES OR BE LAWFULLY 14 ADMITTED FOR PERMANENT RESIDENCE]. 15 * Sec. 2. AS 08.64.205 is amended to read: 16 Sec. 08.64.205. Qualifications for osteopath applicants. Each osteopath 17 applicant shall meet the qualifications prescribed in AS 08.64.200(a)(3) and (4) 18 [AS 08.64.200(a)(3) - (5)] and shall 19 (1) submit a certificate of graduation from the legally chartered school 20 of osteopathy approved by the board; 21 (2) submit a certificate from a hospital approved by the American 22 Medical Association or the American Osteopathic Association that [WHICH] certifies 23 that the osteopath has satisfactorily completed and performed the duties of intern or 24 resident physician for 25 (A) one year if the applicant graduated from a school of 26 osteopathy before January 1, 1995, as evidenced by a certificate of 27 completion of the first year of postgraduate training from the facility 28 where the applicant completed the first year of internship or residency; or 29 (B) two years if the applicant graduated from a school of 30 osteopathy on or after January 1, 1995, as evidenced by a certificate of 31 completion of the first year of postgraduate training from the facility
01 where the applicant completed the first year of internship or residency and 02 a certificate of successful completion of one additional year of postgraduate 03 training at a recognized hospital ; 04 (3) take the examination required by AS 08.64.210 or be certified to 05 practice by the National Board of Examiners for Osteopathic Physicians and Surgeons. 06 * Sec. 3. AS 08.64.225 is amended to read: 07 Sec. 08.64.225. Foreign medical graduates. Applicants who are graduates 08 of medical colleges not accredited by the Association of American Medical Colleges 09 and the Council on Medical Education of the American Medical Association shall 10 (1) [MUST] meet the requirements of AS 08.64.200(a)(3) and (4) 11 [AS 08.64.200(a)(2) - (5)] and 08.64.255 ; 12 (2) have successfully completed three years of postgraduate training 13 as evidenced by a certificate of completion of the first year of postgraduate 14 training from the facility where the applicant completed the first year of 15 internship or residency and a certificate of successful completion of two additional 16 years of postgraduate training at a recognized hospital; [,] and 17 (3) [MUST] have passed examinations as specified by the board in 18 regulations [OR BE LICENSED BY EXAMINATION IN ANOTHER STATE OR 19 TERRITORY OF THE UNITED STATES OR PROVINCE OR TERRITORY OF 20 CANADA]. 21 * Sec. 4. AS 08.64.272(c) is amended to read: 22 (c) A permit issued under this section is valid for the period specified by the 23 board, but not to exceed 18 months [ONE YEAR] after the date of issue. Upon 24 application by a person who pays the required fee and has been accepted by an 25 eligible institution in the state for the purpose of residency or internship, the 26 board may renew a permit issued under this section for a period specified by the 27 board, but not to exceed 18 months after the date of renewal. 28 * Sec. 5. AS 08.64.275(a) is amended to read: 29 (a) A member of the board or its executive secretary may grant a temporary 30 permit to a physician or osteopath for the purpose of substituting for another physician 31 or osteopath licensed in this state. The permit is valid for 60 consecutive days. If
01 circumstances warrant, an extension of the permit may be granted by the board or its 02 designee . 03 * Sec. 6. AS 08.64.275(b) is amended to read: 04 (b) A physician applying under (a) of this section shall pay the required fee 05 and shall meet the requirements of AS 08.64.279 and the requirements of either 06 AS 08.64.200 or 08.64.225 [AND 08.64.279]. In addition, the physician shall submit 07 evidence of holding a license to practice medicine in a state or territory of the United 08 States or in a province or territory of Canada. 09 * Sec. 7. AS 08.64.312(b) is amended to read: 10 (b) Before a license may be renewed, the licensee shall submit evidence to the 11 board or its designee that continuing education requirements prescribed by regulations 12 adopted by the board have been met. 13 * Sec. 8. AS 08.64.312(c) is amended to read: 14 (c) The board or its designee may exempt a physician from the requirements 15 of (b) of this section upon an application by the physician giving evidence satisfactory 16 to the board or its designee that the physician is unable to comply with the 17 requirements because of extenuating circumstances. However, a person may not be 18 exempted from more than 15 hours of continuing education in a five-year period. 19 * Sec. 9. AS 08.64.326(a) is amended to read: 20 (a) The board may impose a sanction if the board finds after a hearing that a 21 licensee 22 (1) secured a license through deceit, fraud, or intentional 23 misrepresentation; 24 (2) engaged in deceit, fraud, or intentional misrepresentation while 25 providing professional services or engaging in professional activities; 26 (3) advertised professional services in a false or misleading manner; 27 (4) has been convicted, including conviction based on a guilty plea or 28 plea of nolo contendere, of 29 (A) a felony ; 30 (B) a misdemeanor in another jurisdiction with elements 31 similar to a felony in this jurisdiction [OR OTHER CRIME IF THE
01 FELONY OR OTHER CRIME IS SUBSTANTIALLY RELATED TO THE 02 QUALIFICATIONS, FUNCTIONS, OR DUTIES OF THE LICENSEE]; or 03 (C) [(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 lewd 21 or immoral conduct in connection with the delivery of professional services to patients; 22 in this paragraph, "sexual misconduct" includes sexual contact, as defined by the board 23 in regulations adopted under this chapter, or attempted sexual contact with a patient 24 outside the scope of generally accepted methods of examination or treatment of the 25 patient, regardless of the patient's consent or lack of consent, during the term of the 26 physician-patient relationship, as defined by the board in regulations adopted under this 27 chapter, unless the patient was the licensee's spouse at the time of the contact or, 28 immediately preceding the physician-patient relationship, was in a dating, courtship , 29 or engagement relationship with the licensee; 30 (10) has violated AS 18.16.010; 31 (11) has violated any code of ethics adopted by regulation by the board;
01 (12) has denied care or treatment to a patient or person seeking 02 assistance from the physician if the only reason for the denial is the failure or refusal 03 of the patient to agree to arbitrate as provided in AS 09.55.535(a); or 04 (13) has had a license or certificate to practice medicine in another state 05 or territory of the United States, or a province or territory of Canada, denied, 06 suspended , [OR] revoked , surrendered while under investigation for an alleged 07 violation, restricted, limited, conditioned, or placed on probation unless the denial, 08 suspension , [OR] revocation , or other action was caused by the failure of the licensee 09 to pay fees to that state, territory, or province. 10 * Sec. 10. APPLICABILITY. (a) AS 08.64.200, as amended by sec. 1 of this Act; 11 AS 08.64.205, as amended by sec. 2 of this Act; AS 08.64.225, as amended by sec. 3 of this 12 Act, and AS 08.64.275(b), as amended by sec. 6 of this Act, apply to applications submitted 13 on or after the effective date of this Act. 14 (b) AS 08.64.326(a), as amended by sec. 9 of this Act, applies to crimes and licensing 15 actions that occur before, on, or after the effective date of this Act, when AS 08.64.326 is 16 implemented under AS 08.64.240(b) with respect to granting or denying an initial license to 17 an applicant under AS 08.64. 18 (c) AS 08.64.326(a), as amended by sec. 9 of this Act, applies to crimes and licensing 19 actions that occur on or after the effective date of this Act, when AS 08.64.326 is 20 implemented with respect to a disciplinary proceeding against a person licensed under 21 AS 08.64 before the effective date of this Act.