CSSB 191(EDC): "An Act relating to disciplinary sanctions imposed by the State Medical Board; restricting employees and representatives of abortion services providers, and affiliates of abortion services providers, from delivering instruction or distributing materials in public schools and providing civil penalties for violations; relating to revocation or suspension of teacher certificates; relating to the receipt of state funds by teachers and school board members; and providing for an effective date."
00 CS FOR SENATE BILL NO. 191(EDC) 01 "An Act relating to disciplinary sanctions imposed by the State Medical Board; 02 restricting employees and representatives of abortion services providers, and affiliates of 03 abortion services providers, from delivering instruction or distributing materials in 04 public schools and providing civil penalties for violations; relating to revocation or 05 suspension of teacher certificates; relating to the receipt of state funds by teachers and 06 school board members; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.64.326(a) is amended to read: 09 (a) The board may impose a sanction if the board finds after a hearing that a 10 licensee 11 (1) secured a license through deceit, fraud, or intentional 12 misrepresentation; 13 (2) engaged in deceit, fraud, or intentional misrepresentation while
01 providing professional services or engaging in professional activities; 02 (3) advertised professional services in a false or misleading manner; 03 (4) has been convicted, including conviction based on a guilty plea or 04 plea of nolo contendere, of 05 (A) a class A or unclassified felony or a crime in another 06 jurisdiction with elements similar to a class A or unclassified felony in this 07 jurisdiction; 08 (B) a class B or class C felony or a crime in another jurisdiction 09 with elements similar to a class B or class C felony in this jurisdiction if the 10 felony or other crime is substantially related to the qualifications, functions, or 11 duties of the licensee; or 12 (C) a crime involving the unlawful procurement, sale, 13 prescription, or dispensing of drugs; 14 (5) has procured, sold, prescribed, or dispensed drugs in violation of a 15 law regardless of whether there has been a criminal action; 16 (6) intentionally or negligently permitted the performance of patient 17 care by persons under the licensee's supervision that does not conform to minimum 18 professional standards even if the patient was not injured; 19 (7) failed to comply with this chapter, a regulation adopted under this 20 chapter, or an order of the board; 21 (8) has demonstrated 22 (A) professional incompetence, gross negligence, or repeated 23 negligent conduct; the board may not base a finding of professional 24 incompetence solely on the basis that a licensee's practice is unconventional or 25 experimental in the absence of demonstrable physical harm to a patient; 26 (B) addiction to, severe dependency on, or habitual overuse of 27 alcohol or other drugs that impairs the licensee's ability to practice safely; 28 (C) unfitness because of physical or mental disability; 29 (9) engaged in unprofessional conduct, in sexual misconduct, or in 30 lewd or immoral conduct in connection with the delivery of professional services to 31 patients; in this paragraph, "sexual misconduct" includes sexual contact, as defined by
01 the board in regulations adopted under this chapter, or attempted sexual contact with a 02 patient outside the scope of generally accepted methods of examination or treatment of 03 the patient, regardless of the patient's consent or lack of consent, during the term of the 04 physician-patient relationship, as defined by the board in regulations adopted under 05 this chapter, unless the patient was the licensee's spouse at the time of the contact or, 06 immediately preceding the physician-patient relationship, was in a dating, courtship, 07 or engagement relationship with the licensee; 08 (10) has violated AS 18.16.010; 09 (11) has violated any code of ethics adopted by regulation by the 10 board; 11 (12) has denied care or treatment to a patient or person seeking 12 assistance from the physician if the only reason for the denial is the failure or refusal 13 of the patient to agree to arbitrate as provided in AS 09.55.535(a); [OR] 14 (13) has had a license or certificate to practice medicine in another 15 state or territory of the United States, or a province or territory of Canada, denied, 16 suspended, revoked, surrendered while under investigation for an alleged violation, 17 restricted, limited, conditioned, or placed on probation unless the denial, suspension, 18 revocation, or other action was caused by the failure of the licensee to pay fees to that 19 state, territory, or province; or 20 (14) has violated AS 14.03.092. 21 * Sec. 2. AS 08.64.331 is amended by adding a new subsection to read: 22 (g) If the board finds that a licensee has violated AS 14.03.092, the board shall 23 suspend or revoke the licensee's license to practice. 24 * Sec. 3. AS 14.03 is amended by adding a new section to read: 25 Sec. 14.03.092. Restricting activities of abortion services providers and 26 affiliates in public schools. (a) An employee or representative acting on behalf of an 27 abortion services provider or of an affiliate of an abortion services provider may not 28 (1) present or deliver any instruction or program on any health topic, 29 including human sexuality or family planning, to students at a public school during the 30 hours the school is in session; 31 (2) distribute materials to or display materials for students at a public
01 school; or 02 (3) provide materials of any kind to a person if 03 (A) the materials were created by or bear the identifying mark 04 of the abortion services provider or the affiliate of an abortion services 05 provider; and 06 (B) the employee or representative knows that the person to 07 whom the materials are provided intends to use the materials for instruction in 08 a public school or to distribute the materials to or display the materials for 09 students at a public school. 10 (b) A teacher or school board member may not knowingly authorize or allow a 11 person to take an action described in (a)(1) or (2) of this section. 12 (c) An abortion services provider or an affiliate of an abortion services 13 provider whose employee or representative acting on behalf of the abortion services 14 provider or affiliate violates (a) of this section is liable in a civil action for a penalty of 15 $5,000 or actual damages, whichever is greater, plus costs and reasonable attorney 16 fees, to each aggrieved student or the student's estate. 17 (d) A teacher or school board member who violates (b) of this section may not 18 receive state funds on or after the date of the violation. 19 (e) In this section, 20 (1) "abortion services provider" means a person who performs elective 21 abortions; 22 (2) "affiliate of an abortion services provider" means a person who has 23 a legal relationship with a person who performs elective abortions; for purposes of this 24 paragraph, a legal relationship is created by at least one written instrument 25 demonstrating 26 (A) common ownership, management, or control; 27 (B) the existence of a franchise; or 28 (C) the granting or extension of a license or other agreement 29 authorizing common use of a brand name, trademark, service mark, or other 30 registered identification mark; 31 (3) "elective abortion" has the meaning given in AS 47.07.068;
01 (4) "knows" and "knowingly" have the meaning given to "knowingly" 02 in AS 11.81.900(a); 03 (5) "teacher" has the meaning given in AS 14.20.350. 04 * Sec. 4. AS 14.20.030(a) is amended to read: 05 (a) The commissioner or the Professional Teaching Practices Commission 06 may revoke or suspend a certificate only for the following reasons: 07 (1) incompetency, which is defined as the inability or the unintentional 08 or intentional failure to perform the teacher's customary teaching duties in a 09 satisfactory manner; 10 (2) immorality, which is defined as the commission of an act which, 11 under the laws of the state, constitutes a crime involving moral turpitude; 12 (3) substantial noncompliance with the school laws of the state or the 13 regulations of the department; [OR] 14 (4) upon a determination by the Professional Teaching Practices 15 Commission that there has been a violation of ethical or professional standards or 16 contractual obligations; or 17 (5) a violation of AS 14.03.092. 18 * Sec. 5. AS 14.20.170(a) is amended to read: 19 (a) A teacher, including a teacher who has acquired tenure rights, may be 20 dismissed at any time only for the following causes: 21 (1) incompetency, which is defined as the inability or the unintentional 22 or intentional failure to perform the teacher's customary teaching duties in a 23 satisfactory manner; 24 (2) immorality, which is defined as the commission of an act that, 25 under the laws of the state, constitutes a crime involving moral turpitude; [OR] 26 (3) substantial noncompliance with the school laws of the state, the 27 regulations or bylaws of the department, the bylaws of the district, or the written rules 28 of the superintendent; or 29 (4) a violation of AS 14.03.092. 30 * Sec. 6. AS 14.20.175(b) is amended to read: 31 (b) A teacher who has acquired tenure rights is subject to nonretention for the
01 following school year only for the following causes: 02 (1) the school district demonstrates that 03 (A) the district has fully complied with the requirements of 04 AS 14.20.149 with respect to the tenured teacher; 05 (B) the teacher's performance, after completion of the plan of 06 improvement, failed to meet the performance objectives set out in the plan; and 07 (C) the evaluation of the teacher established that the teacher 08 does not meet the district performance standards; 09 (2) immorality, which is defined as the commission of an act that, 10 under the laws of the state, constitutes a crime involving moral turpitude; [OR] 11 (3) substantial noncompliance with the school laws of the state, the 12 regulations or bylaws of the department, the bylaws of the district, or the written rules 13 of the superintendent; or 14 (4) a violation of AS 14.03.092. 15 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 SEVERABILITY. Under AS 01.10.030, if any provision of this Act or the application 18 of this Act to any person or circumstance is held invalid, the remainder of this Act and the 19 application to other persons or circumstances are not affected. 20 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).