HCS CSSB 71(HES) AM H: "An Act relating to licensure by the State Medical Board."
00HOUSE CS FOR CS FOR SENATE BILL NO. 71(HES) am H 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 is amended by adding a new section to read: 04 Sec. 08.64.075. Designees. If this chapter authorizes a designee to perform 05 a duty, the board may designate a single board member, the executive secretary, or 06 another employee of the department. 07 * Sec. 2. AS 08.64.200(a) is amended to read: 08 (a) Except for foreign medical graduates as specified in AS 08.64.225, each 09 physician applicant shall 10 (1) submit a certificate of graduation from a legally chartered medical 11 school accredited by the Association of American Medical Colleges and the Council 12 on Medical Education of the American Medical Association; 13 (2) submit a certificate from a recognized hospital or hospitals 14 certifying that the applicant has satisfactorily performed the duties of resident physician
01 or intern for a period of 02 (A) one year if the applicant graduated from medical school 03 before January 1, 1995, as evidenced by a certificate of completion of the 04 first year of postgraduate training from the facility where the applicant 05 completed the first year of internship or residency; and 06 (B) two years if the applicant graduated from medical school 07 on or after January 1, 1995, as evidenced by a certificate of completion of 08 the first year of postgraduate training from the facility where the applicant 09 completed the first year of internship or residency and a certificate of 10 successful completion of one additional year of postgraduate training at a 11 recognized hospital ; 12 (3) submit a list of negotiated settlements or judgments in claims or 13 civil actions alleging medical malpractice against the applicant, including an 14 explanation of the basis for each claim or action; and 15 (4) not have a license to practice medicine in another state, province, 16 or territory which is currently suspended or revoked for disciplinary reasons[; AND 17 (5) BE A CITIZEN OF THE UNITED STATES OR BE LAWFULLY 18 ADMITTED FOR PERMANENT RESIDENCE]. 19 * Sec. 3. AS 08.64.205 is amended to read: 20 Sec. 08.64.205. Qualifications for osteopath applicants. Each osteopath 21 applicant shall meet the qualifications prescribed in AS 08.64.200(a)(3) and (4) 22 [AS 08.64.200(a)(3) - (5)] and shall 23 (1) submit a certificate of graduation from the legally chartered school 24 of osteopathy approved by the board; 25 (2) submit a certificate from a hospital approved by the American 26 Medical Association or the American Osteopathic Association that [WHICH] certifies 27 that the osteopath has satisfactorily completed and performed the duties of intern or 28 resident physician for 29 (A) one year if the applicant graduated from a school of 30 osteopathy before 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; or 02 (B) two years if the applicant graduated from a school of 03 osteopathy on or after January 1, 1995, as evidenced by a certificate of 04 completion of the first year of postgraduate training from the facility 05 where the applicant completed the first year of internship or residency and 06 a certificate of successful completion of one additional year of postgraduate 07 training at a recognized hospital ; 08 (3) take the examination required by AS 08.64.210 or be certified to 09 practice by the National Board of Examiners for Osteopathic Physicians and Surgeons. 10 * Sec. 4. AS 08.64.225 is amended to read: 11 Sec. 08.64.225. Foreign medical graduates. Applicants who are graduates 12 of medical colleges not accredited by the Association of American Medical Colleges 13 and the Council on Medical Education of the American Medical Association must meet 14 the requirements of AS 08.64.200(a)(3) and (4) [AS 08.64.200(a)(2) - (5)] and 15 08.64.255, and must have passed examinations as specified by the board in regulations 16 or be licensed by examination in another state or territory of the United States or 17 province or territory of Canada. 18 * Sec. 5. AS 08.64.272(c) is amended to read: 19 (c) A permit issued under this section is valid for the period specified by the 20 board, but not to exceed 18 months [ONE YEAR] after the date of issue. Upon 21 application by a person who pays the required fee and has been accepted by an 22 eligible institution in the state for the purpose of residency or internship, the 23 board may renew a permit issued under this section for a period specified by the 24 board, but not to exceed 18 months after the date of renewal. 25 * Sec. 6. AS 08.64.275(a) is amended to read: 26 (a) A member of the board or its executive secretary may grant a temporary 27 permit to a physician or osteopath for the purpose of substituting for another physician 28 or osteopath licensed in this state. The permit is valid for 60 consecutive days. If 29 circumstances warrant, an extension of the permit may be granted by the board or its 30 designee . 31 * Sec. 7. AS 08.64.312(b) is amended to read:
01 (b) Before a license may be renewed, the licensee shall submit evidence to the 02 board or its designee that continuing education requirements prescribed by regulations 03 adopted by the board have been met. 04 * Sec. 8. AS 08.64.312(c) is amended to read: 05 (c) The board or its designee may exempt a physician from the requirements 06 of (b) of this section upon an application by the physician giving evidence satisfactory 07 to the board or its designee that the physician is unable to comply with the 08 requirements because of extenuating circumstances. However, a person may not be 09 exempted from more than 15 hours of continuing education in a five-year period. 10 * Sec. 9. AS 08.64.326(a) is amended to read: 11 (a) The board may impose a sanction if the board finds after a hearing that a 12 licensee 13 (1) secured a license through deceit, fraud, or intentional 14 misrepresentation; 15 (2) engaged in deceit, fraud, or intentional misrepresentation while 16 providing professional services or engaging in professional activities; 17 (3) advertised professional services in a false or misleading manner; 18 (4) has been convicted, including conviction based on a guilty plea or 19 plea of nolo contendere, of 20 (A) a class A or unclassified felony or a crime in another 21 jurisdiction with elements similar to a class A or unclassified felony in this 22 jurisdiction; 23 (B) a class B or class C felony or a crime in another 24 jurisdiction with elements similar to a class B or class C felony in this 25 jurisdiction [OR OTHER CRIME] if the felony or other crime is substantially 26 related to the qualifications, functions, or duties of the licensee; or 27 (C) [(B)] a crime involving the unlawful procurement, sale, 28 prescription, or dispensing of drugs; 29 (5) has procured, sold, prescribed, or dispensed drugs in violation of 30 a law [,] regardless of whether there has been a criminal action; 31 (6) intentionally or negligently permitted the performance of patient
01 care by persons under the licensee's supervision that does not conform to minimum 02 professional standards even if the patient was not injured; 03 (7) failed to comply with this chapter, a regulation adopted under this 04 chapter, or an order of the board; 05 (8) has demonstrated 06 (A) professional incompetence, gross negligence, or repeated 07 negligent conduct; the board may not base a finding of professional 08 incompetence solely on the basis that a licensee's practice is unconventional or 09 experimental in the absence of demonstrable physical harm to a patient; 10 (B) addiction to, severe dependency on, or habitual overuse of 11 alcohol or other drugs that impairs the licensee's ability to practice safely; 12 (C) unfitness because of physical or mental disability; 13 (9) engaged in unprofessional conduct, in sexual misconduct, or in lewd 14 or immoral conduct in connection with the delivery of professional services to patients; 15 in this paragraph, "sexual misconduct" includes sexual contact, as defined by the board 16 in regulations adopted under this chapter, or attempted sexual contact with a patient 17 outside the scope of generally accepted methods of examination or treatment of the 18 patient, regardless of the patient's consent or lack of consent, during the term of the 19 physician-patient relationship, as defined by the board in regulations adopted under this 20 chapter, unless the patient was the licensee's spouse at the time of the contact or, 21 immediately preceding the physician-patient relationship, was in a dating, courtship , 22 or engagement relationship with the licensee; 23 (10) has violated AS 18.16.010; 24 (11) has violated any code of ethics adopted by regulation by the board; 25 (12) has denied care or treatment to a patient or person seeking 26 assistance from the physician if the only reason for the denial is the failure or refusal 27 of the patient to agree to arbitrate as provided in AS 09.55.535(a); or 28 (13) has had a license or certificate to practice medicine in another state 29 or territory of the United States, or a province or territory of Canada, denied, 30 suspended , [OR] revoked , surrendered while under investigation for an alleged 31 violation, restricted, limited, conditioned, or placed on probation unless the denial,
01 suspension , [OR] revocation , or other action was caused by the failure of the licensee 02 to pay fees to that state, territory, or province. 03 * Sec. 10. APPLICABILITY. (a) AS 08.64.200, as amended by sec. 2 of this Act, and 04 AS 08.64.205, as amended by sec. 3 of this Act, apply to applications submitted on or after 05 the effective date of this Act. 06 (b) AS 08.64.326(a), as amended by sec. 9 of this Act, applies to crimes and licensing 07 actions that occur before, on, or after the effective date of this Act, when AS 08.64.326 is 08 implemented under AS 08.64.240(b) with respect to granting or denying an initial license to 09 an applicant under AS 08.64. 10 (c) AS 08.64.326(a), as amended by sec. 9 of this Act, applies to crimes and licensing 11 actions that occur on or after the effective date of this Act, when AS 08.64.326 is 12 implemented with respect to a disciplinary proceeding against a person licensed under 13 AS 08.64 before the effective date of this Act.