00                            SENATE BILL NO. 98                                                                          
01 "An Act relating to diagnosis, treatment, and prescription of drugs without a physical                                  
02 examination."                                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 08.64.364(a) is amended to read:                                                                   
05            (a)  The board may not impose disciplinary sanctions on a physician for                                      
06       rendering a diagnosis, providing treatment, or prescribing, dispensing, or                                    
07       administering a prescription drug that is not a controlled substance to a person                              
08       without conducting a physical examination if                                                                      
09                 (1)  [THE PRESCRIPTION DRUG IS                                                                          
10                      (A)  NOT A CONTROLLED SUBSTANCE; OR                                                                
11                      (B)  A CONTROLLED SUBSTANCE AND IS PRESCRIBED,                                                     
12            DISPENSED, OR ADMINISTERED BY A PHYSICIAN WHEN AN                                                            
13            APPROPRIATE LICENSED HEALTH CARE PROVIDER IS PRESENT                                                         
14            WITH THE PATIENT TO ASSIST THE PHYSICIAN WITH                                                                

01            EXAMINATION, DIAGNOSIS, AND TREATMENT;                                                                       
02                 (2)  THE PHYSICIAN IS LOCATED IN THIS STATE AND] the                                                    
03       physician or another licensed health care provider or physician in the physician's                                
04       group practice is available to provide follow-up care; and                                                        
05                 (2)  the physician requests that [(3)] the person consent                                       
06       [CONSENTS] to sending a copy of all records of the encounter to the person's primary                              
07       care provider if the prescribing physician is not the person's primary care provider,                             
08       and, if the patient consents, the physician sends the records to the person's primary                         
09       care provider.                                                                                                    
10    * Sec. 2. AS 08.64.364 is amended by adding a new subsection to read:                                              
11            (c)  The board may not impose disciplinary sanctions on a physician for                                      
12       prescribing, dispensing, or administering a prescription drug that is a controlled                                
13       substance if the requirements under (a) of this section are met and the physician                                 
14       prescribes, dispenses, or administers the controlled substance when an appropriate                                
15       licensed health care provider is present with the patient to assist the physician with                            
16       examination, diagnosis, and treatment.