HCS SB 21(L&C): "An Act relating to occupational licensing of members of the military and their spouses; relating to mobile intensive care paramedics; relating to duties of the State Medical Board and the Department of Health and Social Services; and providing for an effective date."
00 HOUSE CS FOR SENATE BILL NO. 21(L&C) 01 "An Act relating to occupational licensing of members of the military and their spouses; 02 relating to mobile intensive care paramedics; relating to duties of the State Medical 03 Board and the Department of Health and Social Services; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.01.063(a) is amended to read: 07 (a) Except as provided in (d) of this section, and notwithstanding another 08 provision of law, the department or appropriate board shall [MAY] issue a temporary 09 courtesy license to an active duty member of the armed forces of the United States 10 or the spouse of an active duty member of the armed forces of the United States if the 11 active duty member or spouse meets the requirements of this section and applies 12 to the department or appropriate board in the manner prescribed by the department or 13 appropriate board. An application must include evidence satisfactory to the department 14 or appropriate board that the applicant
01 (1) is an active duty member of the armed forces of the United 02 States or is married to and living with a member of the armed forces of the United 03 States who is on active duty and assigned to a duty station in this state under official 04 active duty military orders; 05 (2) holds a current license or certificate in another state, district, or 06 territory of the United States with requirements that the department or appropriate 07 board determines are equivalent to those established under this title for that 08 occupation; 09 (3) if required by the department or appropriate board for obtaining a 10 license in the applicant's profession, has been fingerprinted and has provided the fees 11 required by the Department of Public Safety under AS 12.62.160 for criminal justice 12 information and a national criminal history record check; the fingerprints and fees 13 shall be forwarded to the Department of Public Safety to obtain a report of criminal 14 justice information under AS 12.62 and a national criminal history record check under 15 AS 12.62.400; 16 (4) has not committed an act in any jurisdiction that would have 17 constituted grounds for the refusal, suspension, or revocation of a license or certificate 18 to practice that occupation under this title at the time the act was committed; 19 (5) has not been disciplined by a licensing or credentialing entity in 20 another jurisdiction and is not the subject of an unresolved complaint, review 21 procedure, or disciplinary proceeding conducted by a licensing or credentialing entity 22 in another jurisdiction; and 23 (6) pays any fees required under this title. 24 * Sec. 2. AS 08.01.063(b) is amended to read: 25 (b) The department or appropriate board shall issue a temporary license 26 under this section to a person who meets the requirements [EXPEDITE THE 27 PROCEDURE FOR ISSUANCE OF A LICENSE] under (a) of this section within 30 28 days after the department or appropriate board receives the person's completed 29 application for the temporary license. 30 * Sec. 3. AS 08.64.107 is amended to read: 31 Sec. 08.64.107. Regulation of physician assistants [AND INTENSIVE
01 CARE PARAMEDICS]. The board shall adopt regulations regarding the licensure of 02 physician assistants [AND REGISTRATION OF MOBILE INTENSIVE CARE 03 PARAMEDICS,] and the medical services that they may perform, including the 04 (1) educational and other qualifications, including education in pain 05 management and opioid use and addiction; 06 (2) application and licensing [REGISTRATION] procedures; 07 (3) scope of activities authorized; and 08 (4) responsibilities of the supervising or training physician. 09 * Sec. 4. AS 08.64.170(a) is amended to read: 10 (a) A person may not practice medicine, podiatry, or osteopathy in the state 11 unless the person is licensed under this chapter, except that 12 (1) a physician assistant may examine, diagnose, or treat persons under 13 the supervision, control, and responsibility of either a physician licensed under this 14 chapter or a physician exempted from licensing under AS 08.64.370; 15 (2) [A MOBILE INTENSIVE CARE PARAMEDIC MAY RENDER 16 EMERGENCY LIFESAVING SERVICE; 17 (3)] a person who is licensed or authorized under another law of the 18 state [CHAPTER OF THIS TITLE] may engage in a practice that is authorized under 19 that law [CHAPTER]; and 20 (3) [(4)] a person may perform routine medical duties delegated under 21 AS 08.64.106. 22 * Sec. 5. AS 08.64.360 is amended to read: 23 Sec. 08.64.360. Penalty for practicing without a license or in violation of 24 chapter. Except for a physician assistant [, A MOBILE INTENSIVE CARE 25 PARAMEDIC,] or a person licensed or authorized under another law of the state 26 [CHAPTER OF THIS TITLE] who engages in practices for which that person is 27 licensed or authorized under that law [CHAPTER], a person practicing medicine or 28 osteopathy in the state without a valid license or permit is guilty of a class A 29 misdemeanor. Each day of illegal practice is a separate offense. 30 * Sec. 6. AS 08.64.369(d) is amended to read: 31 (d) In this section, "health care professional" includes an emergency medical
01 technician certified under AS 18.08, health aide, physician, nurse, mobile intensive 02 care paramedic licensed under AS 18.08, and physician assistant, but does not include 03 a practitioner of religious healing. 04 * Sec. 7. AS 12.55.185(11) is amended to read: 05 (11) "paramedic" means a mobile intensive care paramedic licensed 06 under AS 18.08 [AS 08.64]; 07 * Sec. 8. AS 18.08.075 is amended to read: 08 Sec. 18.08.075. Authority of emergency medical technician and mobile 09 intensive care paramedic. (a) An emergency medical technician or mobile intensive 10 care paramedic who responds to an emergency with an ambulance service or first 11 responder service, who has in the technician's or mobile intensive care paramedic's 12 possession a current emergency medical technician or mobile intensive care 13 paramedic identification card [,] and who provides emergency medical care or other 14 emergency medical service, has the authority to 15 (1) control and direct activities at the accident site or emergency until 16 the arrival of law enforcement personnel; 17 (2) order a person other than the owner to leave a building or place in 18 the vicinity of the accident or other emergency for the purpose of protecting the person 19 from injury; 20 (3) temporarily block a public highway, street, or private right-of-way 21 while at the scene of an accident, illness, or emergency; 22 (4) trespass upon property at or near the scene of an accident, illness, 23 or emergency at any time of day or night; 24 (5) enter a building, including a private dwelling, or premises where a 25 report of an injury or illness has taken place or where there is a reasonable cause to 26 believe an individual has been injured or is ill to render emergency medical care; and 27 (6) direct the removal or destruction of a motor vehicle or other thing 28 that the emergency medical technician or mobile intensive care paramedic 29 determines is necessary to prevent further harm to injured or ill individuals. 30 (b) A person who knowingly refuses to comply with an order of an emergency 31 medical technician or mobile intensive care paramedic authorized under (a) of this
01 section is, upon conviction, guilty of a class B misdemeanor. In this subsection, 02 "knowingly" has the meaning given in AS 11.81.900(a). 03 * Sec. 9. AS 18.08.080 is amended to read: 04 Sec. 18.08.080. Regulations. (a) The department shall adopt, with the 05 concurrence of the Department of Public Safety, regulations establishing standards and 06 procedures for the issuance, renewal, reissuance, revocation, and suspension of 07 certificates or licenses required under AS 18.08.084, as well as other regulations 08 necessary to carry out the purposes of this chapter. 09 (b) The department may charge fees set by regulation for the certification or 10 licensure of individuals and organizations under this chapter. 11 * Sec. 10. AS 18.08.082(a) is amended to read: 12 (a) The department shall prescribe by regulation a course of training or other 13 requirements prerequisite to the issuance of certificates or licenses that provide for the 14 following: 15 (1) certification of a person who meets the training and other 16 requirements as an emergency medical technician, emergency medical technician 17 instructor, or emergency medical dispatcher; 18 (2) authorization for an emergency medical technician certified under 19 this chapter to provide under the written or oral direction of a physician the advanced 20 life support services enumerated on the certificate or enumerated on a written 21 document filed with the department by the technician's medical director and approved 22 by the department under its regulations; 23 (3) certification that a person, organization, or government agency that 24 provides an emergency medical service, conducts a training course for a mobile 25 intensive care paramedic, or represents itself as a trauma center meets the minimum 26 standards prescribed by the department for that service, course, or designation; [AND] 27 (4) authorization for an emergency medical service certified under this 28 chapter to provide under the written or oral direction of a physician the advanced life 29 support services enumerated on the certificate or enumerated on a written document 30 filed with the department by the medical director for the emergency medical service 31 and approved by the department under its regulations; and
01 (5) licensure of a mobile intensive care paramedic and the medical 02 services that a mobile intensive care paramedic may perform, including the 03 (A) educational and other qualifications, including 04 education in pain management and opioid use and addiction; 05 (B) application and licensing procedures; 06 (C) scope of activities authorized; and 07 (D) responsibilities of a supervising or training physician. 08 * Sec. 11. AS 18.08.082(b) is amended to read: 09 (b) The department is the central certifying and licensing agency for persons, 10 organizations, or governmental agencies that are [PERSONNEL] certified or 11 licensed under (a) [(a)(1) AND (2)] of this section and under regulations adopted 12 under AS 18.08.080. 13 * Sec. 12. AS 18.08.084(a) is amended to read: 14 (a) One may not represent oneself, nor may an agency or business represent an 15 agent or employee of that agency or business, as an emergency medical dispatcher, 16 emergency medical technician, mobile intensive care paramedic, or emergency 17 medical technician instructor certified or licensed by the state unless the person 18 represented is certified or licensed for that occupation under AS 18.08.082. 19 * Sec. 13. AS 18.08.086(a) is amended to read: 20 (a) A person certified or licensed under AS 18.08.082 who administers 21 emergency medical services to an injured or sick person, a person or public agency 22 that employs, sponsors, directs, or controls the activities of persons certified or 23 licensed under AS 18.08.082 who administer emergency medical services to an 24 injured or sick person, or a health care professional or emergency medical dispatcher 25 acting within the scope of the person's certification who directs or advises a person to 26 administer emergency medical services to an injured or sick person is not liable for 27 civil damages as a result of an act or omission in administering those services or 28 giving that advice or those directions if the administering, advising, and directing are 29 done in good faith and the injured or sick person reasonably seems to be in immediate 30 danger of serious harm or death. This subsection does not preclude liability for civil 31 damages that are the proximate result of gross negligence or intentional misconduct,
01 nor preclude imposition of liability on a person or public agency that employs, 02 sponsors, directs, or controls the activities of persons certified or licensed under 03 AS 18.08.082 if the act or omission is a proximate result of a breach of duty to act 04 created under this chapter. In [FOR THE PURPOSES OF] this subsection, "gross 05 negligence" means reckless, wilful, or wanton misconduct. 06 * Sec. 14. AS 18.08.089(a) is amended to read: 07 (a) A mobile intensive care paramedic licensed under this chapter, a [OR] 08 physician assistant registered or licensed under AS 08.64.107, or an emergency 09 medical technician certified under this chapter may make a determination and 10 pronouncement of death of a person under the following circumstances: 11 (1) the mobile intensive care paramedic or emergency medical 12 technician is an active member of an emergency medical service certified under this 13 chapter; 14 (2) neither a physician licensed under AS 08.64 nor a physician 15 exempt from licensure under AS 08.64 is immediately available for consultation by 16 radio or telephone communications; 17 (3) the mobile intensive care paramedic, physician assistant, or 18 emergency medical technician has determined, based on acceptable medical standards, 19 that the person has sustained irreversible cessation of circulatory and respiratory 20 functions. 21 * Sec. 15. AS 18.08.200 is amended by adding a new paragraph to read: 22 (14) "mobile intensive care paramedic" means an individual licensed 23 by the department who has completed a paramedic training program approved by the 24 department and is authorized by law to provide advanced life support under the direct 25 or indirect supervision of a physician. 26 * Sec. 16. AS 29.45.050(r) is amended to read: 27 (r) A municipality may by ordinance exempt from taxation an amount not to 28 exceed $10,000 of the assessed value of real property owned and occupied as a 29 permanent place of abode by a resident who provides in the municipality volunteer (1) 30 fire fighting services and is certified as a firefighter by the Department of Public 31 Safety, or (2) emergency medical services or mobile intensive care paramedic
01 services and is certified or licensed under AS 18.08.082. If two or more individuals 02 are eligible for an exemption for the same property, not more than two exemptions 03 may be granted. 04 * Sec. 17. AS 37.05.146(c)(77) is amended to read: 05 (77) the following fees, receipts, income, and monetary recoveries 06 collected by the Department of Health and Social Services: 07 (A) receipts of the Department of Health and Social Services, 08 Bureau of Vital Statistics; 09 (B) monetary recoveries of Medicaid expenditures from 10 recipients, third parties, and providers under AS 47; 11 (C) the state's share of overpayments collected under 12 AS 47.05.080; 13 (D) income received from a state or federal agency for children 14 in foster care under AS 47.14.100; 15 (E) fees received or collected under AS 44.29.022 for nursing 16 and planning services provided at health centers, genetic screening clinics and 17 specialty clinics, the certification of x-ray machines, the alcohol safety action 18 program, and other public health programs and services; 19 (F) fees received under AS 18.08.080 for the certification or 20 licensure of emergency medical technicians, emergency medical dispatchers, 21 mobile intensive care paramedics, and emergency medical technician 22 instructors; 23 (G) fees received under AS 47.32; 24 (H) the state's share of child support collections for 25 reimbursement of the cost of the Alaska temporary assistance program as 26 provided under AS 25.27.120, 25.27.130, and AS 47.27.040; and 27 (I) monetary recoveries under AS 09.58 (Alaska Medical 28 Assistance False Claim and Reporting Act); 29 * Sec. 18. AS 08.64.366, 08.64.380(3), and 08.64.380(4) are repealed. 30 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 TRANSITION: EXISTING REGISTRATIONS; REGULATIONS. (a) 02 Notwithstanding the amendment to AS 08.64.107 made by sec. 3 of this Act, a registration of 03 a mobile intensive care paramedic issued before the effective date of sec. 3 of this Act is valid 04 until the registration 05 (1) expires under AS 08.64.107, as that section read on the day before the 06 effective date of sec. 3 of this Act; 07 (2) is suspended or revoked; or 08 (3) is converted to a license under AS 18.08.082(a) and (b), as amended by 09 secs. 10 and 11 of this Act. 10 (b) On January 1, 2022, the Department of Commerce, Community, and Economic 11 Development and the State Medical Board shall transfer the files of all pending records and 12 proceedings, including applications and disciplinary actions, relating to mobile intensive care 13 paramedics to the Department of Health and Social Services. 14 (c) The Department of Health and Social Services shall adopt regulations necessary to 15 implement this Act. The regulations must allow for the conversion of an unexpired 16 registration of a mobile intensive care paramedic issued under regulations authorized by 17 AS 08.64.107, as that section read on the day before the effective date of sec. 3 of this Act, to 18 a license under AS 18.08.082(a) and (b), as amended by secs. 10 and 11 of this Act. 19 * Sec. 20. Section 19(c) of this Act takes effect immediately under AS 01.10.070(c). 20 * Sec. 21. Except as provided in sec. 20 of this Act, this Act takes effect January 1, 2022.