SB 78: "An Act relating to telehealth."
00 SENATE BILL NO. 78 01 "An Act relating to telehealth." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.64.170(a) is amended to read: 04 (a) A person may not practice medicine, podiatry, or osteopathy in the state 05 unless the person is licensed under this chapter, except that 06 (1) a physician assistant may examine, diagnose, or treat persons under 07 the supervision, control, and responsibility of either a physician licensed under this 08 chapter or a physician exempted from licensing under AS 08.64.370; 09 (2) a mobile intensive care paramedic may render emergency 10 lifesaving service; 11 (3) a person who is licensed or authorized under another chapter of this 12 title may engage in a practice that is authorized under that chapter; [AND] 13 (4) a person may perform routine medical duties delegated under 14 AS 08.64.106; and 15 (5) a person may provide treatment, render a diagnosis, or
01 prescribe, dispense, or administer a prescription, excluding a controlled 02 substance listed under AS 11.71.140 - 11.71.190, as authorized under 03 AS 08.64.175. 04 * Sec. 2. AS 08.64 is amended by adding a new section to read: 05 Sec. 08.64.175. Telehealth. (a) A health care provider may provide treatment, 06 render a diagnosis, or prescribe, dispense, or administer a prescription, excluding a 07 controlled substance listed under AS 11.71.140 - 11.71.190, through telehealth as 08 defined in AS 47.05.270(e), without first conducting an in-person physical 09 examination, if 10 (1) the health care provider is licensed, permitted, or certified to 11 provide health care services in another jurisdiction and is in good standing in the 12 jurisdiction that issued the license, permit, or certification; 13 (2) the health care services provided without an in-person physical 14 examination are within the provider's authorized scope of practice in the jurisdiction 15 that issued the provider's license, permit, or certification; 16 (3) in the event that the health care provider determines that the 17 encounter will extend beyond the scope of practice or scope of services described in 18 this section, the health care provider advises the patient that the health care provider is 19 not authorized to provide the services to the patient, recommends that the patient 20 contact a health care provider licensed in the state, and terminates the encounter. 21 (b) The amount charged by a health care provider for services provided under 22 this section must be reasonable and consistent with the ordinary fees typically charged 23 for that service and may not be more than five percent above the ordinary fees 24 typically charged for that service. A health care provider who is required to terminate 25 an encounter under (a)(3) of this section may not charge for any services provided 26 during the encounter. 27 (c) In this section, "health care provider" means a person who is licensed, 28 permitted, or certified to practice medicine, podiatry, or osteopathy in this or another 29 jurisdiction. 30 * Sec. 3. AS 08.68.160 is amended to read: 31 Sec. 08.68.160. License required. A person practicing or offering to practice
01 registered, advanced practice registered, or practical nursing in the state shall submit 02 evidence of qualification to practice and shall be licensed under this chapter, except 03 that a person practicing or offering to practice registered, advanced practice 04 registered, or practical nursing may provide treatment, render a diagnosis, or 05 prescribe, dispense, or administer a prescription, excluding a controlled 06 substance listed under AS 11.71.140 - 11.71.190, as authorized under 07 AS 08.68.163. 08 * Sec. 4. AS 08.68 is amended by adding a new section to read: 09 Sec. 08.68.163. Telehealth. (a) A nurse may provide treatment, render a 10 diagnosis, or prescribe, dispense, or administer a prescription, excluding a controlled 11 substance listed under AS 11.71.140 - 11.71.190, through telehealth as defined in 12 AS 47.05.270(e), without first conducting an in-person physical examination, if 13 (1) the nurse is licensed, permitted, or certified to practice in another 14 jurisdiction and is in good standing in the jurisdiction that issued the license, permit, 15 or certification; 16 (2) the health care services provided without an in-person physical 17 examination are within the nurse's authorized scope of practice in the jurisdiction that 18 issued the nurse's license, permit, or certification; 19 (3) in the event that the nurse determines that the encounter will extend 20 beyond the scope of practice or scope of services described in this section, the nurse 21 advises the patient that the nurse is not authorized to provide the services to the 22 patient, recommends that the patient contact a health care provider licensed in the 23 state, and terminates the encounter. 24 (b) The amount charged by a nurse for services provided under this section 25 must be reasonable and consistent with the ordinary fees typically charged for that 26 service and may not be more than five percent above the ordinary fees typically 27 charged for that service. A nurse who is required to terminate an encounter under 28 (a)(3) of this section may not charge for any services provided during the encounter. 29 (c) In this section, "nurse" means a person who is licensed, permitted, or 30 certified to practice registered, advanced practice registered, or practical nursing in 31 this or another jurisdiction.