SSSB 108: "An Act relating to the State Medical Board; relating to the licensing of physicians, osteopaths, and podiatrists; relating to the certification of medical assistants; relating to the practice of medicine; relating to the practice of podiatry; relating to the practice of osteopathy; relating to assault of a medical professional; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 108 01 "An Act relating to the State Medical Board; relating to the licensing of physicians, 02 osteopaths, and podiatrists; relating to the certification of medical assistants; relating to 03 the practice of medicine; relating to the practice of podiatry; relating to the practice of 04 osteopathy; relating to assault of a medical professional; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.64.101 is amended to read: 08 Sec. 08.64.101. Duties. The board shall 09 (1) except as provided in regulations adopted by the board under 10 (b) of this section, examine and issue licenses to applicants; 11 (2) develop written guidelines to ensure that licensing requirements are 12 not unreasonably burdensome and the issuance of licenses is not unreasonably 13 withheld or delayed;
01 (3) after a hearing, impose disciplinary sanctions on persons who 02 violate this chapter or the regulations or orders of the board; 03 (4) adopt regulations ensuring that renewal of licenses is contingent on 04 proof of continued competency on the part of the licensee; 05 (5) under regulations adopted by the board, contract with private 06 professional organizations to establish an impaired medical professionals program to 07 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 08 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 09 (6) adopt regulations that establish guidelines for a physician who is 10 rendering a diagnosis, providing treatment, or prescribing, dispensing, or 11 administering a prescription drug to a person without conducting a physical 12 examination under AS 08.64.364; the guidelines must include a nationally recognized 13 model policy for standards of care of a patient who is at a different location than the 14 physician; 15 (7) require that a licensee who has a federal Drug Enforcement 16 Administration registration number register with the controlled substance prescription 17 database under AS 17.30.200(o). 18 * Sec. 2. AS 08.64.101 is amended by adding a new subsection to read: 19 (b) The board may adopt regulations authorizing 20 (1) the executive secretary to grant a license to an applicant under this 21 chapter; the regulations must provide 22 (A) that the applicant meet the requirements provided under 23 this chapter; 24 (B) that the executive secretary may not grant a license under 25 this chapter if the applicant has submitted 26 (i) a list of one or more negotiated settlements and 27 judgments under AS 08.64.200(a)(3); 28 (ii) information that the applicant had a license to 29 practice medicine in another state, country, province, or territory that 30 was suspended or revoked under AS 08.64.200(a)(4); or 31 (iii) information that requires consideration by the
01 board; 02 (C) other requirements that the board determines necessary; 03 (2) a member of the board, the executive secretary, or a person 04 designated by the board to issue a temporary permit under AS 08.64.270(a) or 05 08.64.275(a) if the applicant meets the requirements established under this chapter; 06 and 07 (3) the executive secretary to grant a certification to an applicant under 08 AS 08.64.108. 09 * Sec. 3. AS 08.64 is amended by adding a new section to read: 10 Sec. 08.64.106. Delegation of routine medical duties. The board shall adopt 11 regulations authorizing a physician, podiatrist, osteopath, or physician assistant 12 licensed under this chapter to delegate routine medical duties to an agent of the 13 physician, podiatrist, osteopath, or physician assistant. The regulations must 14 (1) require that an agent who is not licensed under this chapter may 15 perform duties delegated under this section only if the agent meets applicable 16 standards established by the board; 17 (2) require that a physician, podiatrist, osteopath, or physician assistant 18 may not delegate duties related to pain management and opioid use and addiction; and 19 (3) define the phrase "routine medical duties." 20 * Sec. 4. AS 08.64 is amended by adding new sections to read: 21 Sec. 08.64.108. Certification of medical assistants. (a) The board shall issue 22 certification as a medical assistant to qualified applicants. The board may adopt 23 regulations regarding the certification of medical assistants, including 24 (1) the training, educational, and other qualifications for certification 25 that will ensure that the medical assistants are competent to perform the tasks of their 26 occupation; and 27 (2) application, certification, renewal, and revocation procedures. 28 (b) The board may 29 (1) conduct hearings on charges of alleged violations of this chapter or 30 regulations adopted under it; and 31 (2) invoke disciplinary action under AS 08.01.075 against a certified
01 medical assistant. 02 (c) The department shall set fees under AS 08.01.065 for certified medical 03 assistants for each of the following: 04 (1) application; 05 (2) certification; and 06 (3) renewal of certification. 07 Sec. 08.64.109. Immunity for certain reports to the board. A person who, in 08 good faith, reports information to the board relating to alleged incidents of 09 incompetent, unprofessional, or unlawful conduct of a certified medical assistant is not 10 liable in a civil action for damages resulting from the reporting of the information. 11 * Sec. 5. AS 08.64 is amended by adding a new section to read: 12 Sec. 08.64.111. Use of certified medical assistant title. (a) A person may not 13 use the title "certified medical assistant" or the abbreviation "C.M.A." unless the 14 person is certified as a medical assistant under this chapter. 15 (b) A person who knowingly violates this section is guilty of a class B 16 misdemeanor. In this subsection, "knowingly" has the meaning given in 17 AS 11.81.900(a). 18 * Sec. 6. AS 08.64.170(a) is amended to read: 19 (a) A person may not practice medicine, podiatry, or osteopathy in the state 20 unless the person is licensed under this chapter, except that 21 (1) a physician assistant may examine, diagnose, or treat persons under 22 the supervision, control, and responsibility of either a physician licensed under this 23 chapter or a physician exempted from licensing under AS 08.64.370; 24 (2) a mobile intensive care paramedic may render emergency 25 lifesaving service; [AND] 26 (3) a person who is licensed or authorized under another chapter of this 27 title may engage in a practice that is authorized under that chapter; and 28 (4) a person may perform routine medical duties delegated under 29 AS 08.64.106. 30 * Sec. 7. AS 08.64.190 is amended to read: 31 Sec. 08.64.190. Contents of application. The application must state the name,
01 age, residence, [THE DURATION OF RESIDENCE,] the time spent in medical or 02 osteopathy study, the place, year, and school in which degrees were granted, the 03 applicant's medical work history, and other information the board considers necessary. 04 The application shall be made under oath. The board may verify information in the 05 application through direct contact with the appropriate schools, medical boards, or 06 other agencies that can substantiate the information. 07 * Sec. 8. AS 08.64.230(a) is amended to read: 08 (a) If a physician applicant passes the examination and meets the requirements 09 of AS 08.64.200 and 08.64.255, the board or its executive secretary shall grant a 10 license to the applicant to practice medicine in the state. 11 * Sec. 9. AS 08.64.230(b) is amended to read: 12 (b) If an osteopath applicant passes the examination and meets the 13 requirements of AS 08.64.205 and 08.64.255, the board or its executive secretary 14 shall grant a license to the applicant to practice osteopathy in the state. 15 * Sec. 10. AS 08.64.270(a) is amended to read: 16 (a) The board, a member of the board, the executive secretary, or a person 17 designated by the board to issue temporary permits may issue a temporary permit 18 to a physician applicant, osteopath applicant, or podiatry applicant who meets the 19 requirements of AS 08.64.200, 08.64.205, 08.64.209, or 08.64.225 and pays the 20 required fee. 21 * Sec. 11. AS 08.64.275(a) is amended to read: 22 (a) A member of the board, [OR] its executive secretary, or a person 23 designated by the board to issue temporary permits may grant a temporary permit 24 to a physician or osteopath for the purpose of 25 (1) substituting for another physician or osteopath licensed in this 26 state; 27 (2) being temporarily employed by a physician or osteopath licensed in 28 this state while that physician or osteopath evaluates the permittee for permanent 29 employment; or 30 (3) being temporarily employed by a hospital or community mental 31 health center while the facility attempts to fill a vacant permanent physician or
01 osteopath staff position with a physician or osteopath licensed in this state. 02 * Sec. 12. AS 08.64.360 is amended to read: 03 Sec. 08.64.360. Penalty for practicing without a license or in violation of 04 chapter. Except for a licensed physician assistant, a certified medical assistant, a 05 registered mobile intensive care paramedic, or a person licensed or authorized under 06 another chapter of this title who engages in practices for which that person is licensed 07 or authorized under that chapter, a person practicing medicine or osteopathy in the 08 state without a valid license or permit is guilty of a class A misdemeanor. Each day of 09 illegal practice is a separate offense. 10 * Sec. 13. AS 12.55.135(k)(3) is amended to read: 11 (3) "medical professional" means a person who is an anesthesiologist, 12 dentist, dental hygienist, health aide, nurse, nurse aide, advanced practice registered 13 nurse, mental health counselor, physician, physician assistant, medical assistant, 14 chiropractor, psychiatrist, osteopath, psychologist, psychological associate, 15 radiologist, surgeon, or x-ray technician, or who holds a substantially similar position. 16 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 19 Economic Development and the State Medical Board may adopt regulations necessary to 20 implement the changes made by this Act. The regulations take effect under AS 44.62 21 (Administrative Procedure Act), but not before the effective date of the relevant provision of 22 this Act implemented by the regulation. 23 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 24 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1, 2019.