CSHB 97(L&C): "An Act relating to the prescription of drugs by a physician assistant without physical examination; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 97(L&C) 01 "An Act relating to the prescription of drugs by a physician assistant without physical 02 examination; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.64.101(a) is amended to read: 05 (a) The board shall 06 (1) except as provided in regulations adopted by the board under (b) of 07 this section, examine and issue licenses to applicants; 08 (2) develop written guidelines to ensure that licensing requirements are 09 not unreasonably burdensome and the issuance of licenses is not unreasonably 10 withheld or delayed; 11 (3) after a hearing, impose disciplinary sanctions on persons who 12 violate this chapter or the regulations or orders of the board; 13 (4) adopt regulations ensuring that renewal of licenses is contingent on 14 proof of continued competency on the part of the licensee;
01 (5) under regulations adopted by the board, contract with private 02 professional organizations to establish an impaired medical professionals program to 03 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 04 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 05 (6) adopt regulations that establish guidelines for a physician or 06 physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 07 dispensing, or administering a prescription drug to a person without conducting a 08 physical examination under AS 08.64.364; the guidelines must include a nationally 09 recognized model policy for standards of care of a patient who is at a different location 10 than the physician or physician assistant; 11 (7) require that a licensee who has a federal Drug Enforcement 12 Administration registration number register with the controlled substance prescription 13 database under AS 17.30.200(o). 14 * Sec. 2. AS 08.64.364(a) is amended to read: 15 (a) The board may not impose disciplinary sanctions on a physician or 16 physician assistant for rendering a diagnosis, providing treatment, or prescribing, 17 dispensing, or administering a prescription drug that is not a controlled substance to a 18 person without conducting a physical examination if 19 (1) the physician, physician assistant, or another licensed health care 20 provider [OR PHYSICIAN] in the medical [PHYSICIAN'S GROUP] practice is 21 available to provide follow-up care; and 22 (2) the physician or physician assistant requests that the person 23 consent to sending a copy of all records of the encounter to the person's primary care 24 provider if the prescribing physician or physician assistant is not the person's primary 25 care provider [,] and, if the person [PATIENT] consents, the physician or physician 26 assistant sends the records to the person's primary care provider. 27 * Sec. 3. AS 08.64.364(b) is amended to read: 28 (b) The board may not impose disciplinary sanctions on a physician or 29 physician assistant for prescribing, dispensing, or administering a prescription drug 30 that is a controlled substance or botulinum toxin if the requirements under (a) of this 31 section and AS 08.64.363 are met and the physician or physician assistant prescribes,
01 dispenses, or administers the controlled substance or botulinum toxin when an 02 appropriate licensed health care provider is present with the patient to assist the 03 physician or physician assistant with examination, diagnosis, and treatment. 04 * Sec. 4. AS 08.64.364(c) is amended to read: 05 (c) Notwithstanding (a) and (b) of this section, 06 (1) a physician may not [(1)] prescribe, dispense, or administer an 07 abortion-inducing drug under (a) of this section unless the physician complies with 08 AS 18.16.010; and [OR] 09 (2) a physician or physician assistant may not prescribe, dispense, 10 or administer a prescription drug in response to an Internet questionnaire or electronic 11 mail message to a person with whom the physician or physician assistant does not 12 have a prior physician-patient relationship. 13 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 REGULATIONS. The State Medical Board may adopt regulations necessary to 16 implement the changes made by this Act. The regulations take effect under AS 44.62 17 (Administrative Procedure Act), but not before the effective date of the law implemented by 18 the regulation. 19 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 20 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect March 1, 2020.