HCS CSSB 44(FIN): "An Act relating to the prescription of drugs by a physician assistant without physical examination; relating to prescription drugs under the medical assistance program; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) 01 "An Act relating to the prescription of drugs by a physician assistant without physical 02 examination; relating to prescription drugs under the medical assistance program; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.64.101(a) is amended to read: 06 (a) The board shall 07 (1) except as provided in regulations adopted by the board under (b) of 08 this section, examine and issue licenses to applicants; 09 (2) develop written guidelines to ensure that licensing requirements are 10 not unreasonably burdensome and the issuance of licenses is not unreasonably 11 withheld or delayed; 12 (3) after a hearing, impose disciplinary sanctions on persons who 13 violate this chapter or the regulations or orders of the board; 14 (4) adopt regulations ensuring that renewal of licenses is contingent on
01 proof of continued competency on the part of the licensee; 02 (5) under regulations adopted by the board, contract with private 03 professional organizations to establish an impaired medical professionals program to 04 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 05 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 06 (6) adopt regulations that establish guidelines for a physician or 07 physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 08 dispensing, or administering a prescription drug to a person without conducting a 09 physical examination under AS 08.64.364; the guidelines must include a nationally 10 recognized model policy for standards of care of a patient who is at a different location 11 than the physician or physician assistant; 12 (7) require that a licensee who has a federal Drug Enforcement 13 Administration registration number register with the controlled substance prescription 14 database under AS 17.30.200(o). 15 * Sec. 2. AS 08.64.364(a) is amended to read: 16 (a) The board may not impose disciplinary sanctions on a physician or 17 physician assistant for rendering a diagnosis, providing treatment, or prescribing, 18 dispensing, or administering a prescription drug that is not a controlled substance to a 19 person without conducting a physical examination if 20 (1) the physician, physician assistant, or another licensed health care 21 provider [OR PHYSICIAN] in the medical [PHYSICIAN'S GROUP] practice is 22 available to provide follow-up care; and 23 (2) the physician or physician assistant requests that the person 24 consent to sending a copy of all records of the encounter to the person's primary care 25 provider if the prescribing physician or physician assistant is not the person's primary 26 care provider [,] and, if the person [PATIENT] consents, the physician or physician 27 assistant sends the records to the person's primary care provider. 28 * Sec. 3. AS 08.64.364(b) is amended to read: 29 (b) The board may not impose disciplinary sanctions on a physician or 30 physician assistant for prescribing, dispensing, or administering a prescription drug 31 that is a controlled substance or botulinum toxin if the requirements under (a) of this
01 section and AS 08.64.363 are met and the physician or physician assistant prescribes, 02 dispenses, or administers the controlled substance or botulinum toxin when an 03 appropriate licensed health care provider is present with the patient to assist the 04 physician or physician assistant with examination, diagnosis, and treatment. 05 * Sec. 4. AS 08.64.364(c) is amended to read: 06 (c) Notwithstanding (a) and (b) of this section, 07 (1) a physician may not [(1)] prescribe, dispense, or administer an 08 abortion-inducing drug under (a) of this section unless the physician complies with 09 AS 18.16.010; and [OR] 10 (2) a physician or physician assistant may not prescribe, dispense, 11 or administer a prescription drug in response to an Internet questionnaire or electronic 12 mail message to a person with whom the physician or physician assistant does not 13 have a prior physician-patient relationship. 14 * Sec. 5. AS 47.05.012 is amended to read: 15 Sec. 47.05.012. Material incorporated by reference. Under 16 AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a 17 document or other material by reference, the department may incorporate future 18 amended versions of the document or other material if the document or other material 19 is one of the following: 20 (1) a document that is published, compiled, or prepared by the United 21 States Department of Health and Human Services and is included in the following list: 22 (A) the international classification of diseases, clinical 23 modifications; 24 (B) the common procedure coding system; 25 (C) the specifications for national uniform billing data 26 elements; 27 (D) the federal poverty guidelines for the state; 28 (E) the Indian Health Service encounter rates; or 29 (F) the relative value units used in the Medicare program for 30 determination of fee schedules; 31 (2) the current procedural terminology for physicians published by the
01 American Medical Association; 02 (3) the diagnostic and statistical manual of mental disorders published 03 by the American Psychiatric Association; 04 (4) the length of stay in hospitals by diagnosis and operation for the 05 western region of the United States, published by Solucient; 06 (5) the relative value guide published by the American Society of 07 Anesthesiologists; 08 (6) the consumer price index published by the United States 09 Department of Labor; 10 (7) the health plan employer data and information set published by the 11 National Committee for Quality Assurance; 12 (8) practice standards adopted by the American Academy of Pediatrics, 13 American College of Obstetricians and Gynecologists, American Diabetes 14 Association, American Cancer Society, American Academy of Family Physicians, 15 American College of Physicians, United States Centers for Disease Control and 16 Prevention, Agency for Healthcare Research and Quality, or the National Asthma 17 Education and Prevention Program; 18 (9) the compendium of animal rabies prevention and control published 19 by the United States Centers for Disease Control and Prevention; 20 (10) the control of communicable diseases manual published by the 21 American Public Health Association; 22 (11) the standards manual and interpretative guidelines for behavioral 23 health, employment and community support services, and for medical rehabilitation 24 published by the Commission on Accreditation of Rehabilitative Facilities; 25 (12) consumer assessment of health plans published by the Agency for 26 Health Care Policy and Research; 27 (13) resources for optimal care of the injured patient published by the 28 Committee on Trauma, American College of Surgeons; [OR] 29 (14) a document related to a resuscitation protocol that is published, 30 compiled, or prepared based on the recommendations from the International Liaison 31 Committee on Resuscitation;
01 (15) the preferred drug list adopted by the department under 02 AS 47.07.065(b); 03 (16) a prior authorization medications list under a state program 04 permitted under 42 U.S.C. 1396r-8 (Title XIX, Social Security Act). 05 * Sec. 6. AS 47.07.065 is amended by adding a new subsection to read: 06 (b) The department shall adopt in regulation and regularly update a preferred 07 drug list and a prior authorization medications list under a state program permitted 08 under 42 U.S.C. 1396r-8 (Title XIX, Social Security Act). The department shall take 09 other reasonable cost savings and cost containment measures, including pursuing and 10 securing negotiated rates, rebates, and contracts or other agreements on covered 11 outpatient drugs. In this subsection, "preferred drug list" means a list of prescription 12 medications within a therapeutic class and suggested as the first choice when 13 prescribed for individuals within the medical assistance program. 14 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 REGULATIONS. The State Medical Board may adopt regulations necessary to 17 implement the changes made by secs. 1 - 4 of this Act. The regulations take effect under 18 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 19 implemented by the regulation. 20 * Sec. 8. Sections 5 - 7 of this Act take effect immediately under AS 01.10.070(c). 21 * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect March 1, 2020.