AS Title 8, Chapter 2: Miscellaneous Provisions

Chapter 02. Miscellaneous Provisions. Article 1 Limitation of Liability Sec. 08.02.020. Limitation of liability. An action may not be brought against a person for damages resulting from (1) the person's good faith performance of a duty, function, or activity required as a (A) member of, or witness before, a licensing board or peer review committee established to review a licensing matter; (B) member of a committee appointed under AS 08.64.336 (c); (C) contractor or agent of a contractor under AS 08.01.050 (d) or AS 08.64.101 (a)(5); (2) a recommendation or action in accordance with the prescribed duties of a licensing board, peer review committee established to review a licensing matter, committee appointed under AS 08.64.336 (c), or contractor or agent of a contractor under AS 08.01.050 (d) or AS 08.64.101 (a)(5) when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person, board, peer review committee, committee appointed under AS 08.64.336 (c), or contractor or agent of the contractor under AS 08.01.050 (d) or AS 08.64.101 (a)(5) after reasonable efforts to ascertain the facts upon which the action or recommendation is made; or (3) a report made in good faith to a public agency by the person, or participation by the person in an investigation by a public agency or a judicial or administrative proceeding relating to the report, if the report relates to the abuse of alcohol, other drugs, or other substances by a person licensed by a board listed in AS 08.01.050 (d). Sec. 08.02.025. Compliance with student loan requirements. [Repealed, § 18 ch 54 SLA 1997.] Sec. 08.02.030. [Renumbered as AS 08.01.062 .] Article 2 Miscellaneous Professions, Occupations, and Activities Regulated Directly by the Department Sec. 08.02.050. Permits for use of drugs to euthanize domestic animals. (a) A qualified agency may apply to the department and obtain a permit that authorizes the purchase, possession, and use by the agency of sodium pentobarbital, sodium pentobarbital with lidocaine, and other drugs authorized in regulations adopted by the department for the purpose of euthanizing injured, sick, or abandoned domestic animals in the lawful possession of the agency. To qualify to obtain the permit, the agency shall certify that it will (1) comply with applicable federal laws related to the use of the drugs; and (2) not permit an employee to administer the drugs unless the employee has successfully completed a euthanasia technician certification course approved by the National Animal Control Association, the American Humane Association, or the Humane Society of the United States. (b) The department may revoke or suspend a permit or take another disciplinary action under AS 08.01.075 if it determines that the agency or an employee of the agency (1) improperly used sodium pentobarbital, sodium pentobarbital with lidocaine, or another drug authorized for use under this section; (2) failed to follow federal or state laws regarding proper storage and handling of the drugs; (3) allowed an employee to administer the drugs before the employee successfully completed the certification course described in (a)(2) of this section; or (4) violated this title or a regulation adopted under this title. (c) In this section, “agency” means an animal control agency of a municipality or recognized governmental entity or an entity that has contracted with a municipality or recognized governmental entity to perform animal control or animal euthanasia services. (d) The department may adopt regulations to implement this section. Sec. 08.02.060. Professional geologist. The commissioner of commerce, community, and economic development shall certify an applicant as a professional geologist if the applicant is certified as a professional geologist by the American Institute of Professional Geologists. Article 3. Special Provisions relating to Health Care Providers Sec. 08.02.110. Professional designation requirements. (a) [See delayed amendment note.] An acupuncturist licensed under AS 08.06 , an audiologist or speech-language pathologist licensed under AS 08.11 , a behavior analyst licensed under AS 08.15 , a person licensed in the state as a chiropractor under AS 08.20 , a professional counselor licensed under AS 08.29 , a dentist under AS 08.36 , a dietitian or nutritionist licensed under AS 08.38 , a massage therapist licensed under AS 08.61 , a marital and family therapist licensed under AS 08.63 , a medical practitioner or osteopath under AS 08.64 , a direct-entry midwife certified under AS 08.65 , a registered or advanced practice registered nurse under AS 08.68 , an optometrist under AS 08.72 , a licensed pharmacist under AS 08.80 , a physical therapist or occupational therapist licensed under AS 08.84 , a psychologist under AS 08.86 , or a clinical social worker licensed under AS 08.95 , shall use as professional identification appropriate letters or a title after that person's name that represents the person's specific field of practice. The letters or title shall appear on all signs, stationery, or other advertising in which the person offers or displays personal professional services to the public. In addition, a person engaged in the practice of medicine or osteopathy as defined in AS 08.64.380 , or a person engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels other persons in relation to human health or disease and uses the letters “M.D.” or the title “doctor” or “physician” or another title that tends to show that the person is willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the letters or title by adding the appropriate specialist designation, if any, such as “dermatologist,” “radiologist,” “audiologist,” “naturopath,” or the like. (b) A person subject to (a) of this section who fails to comply with the requirements of (a) of this section shall be given notice of noncompliance by that person's appropriate licensing board or, if the person is not regulated by a board, by the department. If, after a reasonable time, with opportunity for a hearing, the person's noncompliance continues, the board or department, as appropriate, may suspend or revoke the person's license or registration, or administer other disciplinary action which in its determination is appropriate. Sec. 08.02.120. Access to certain mental health information and records by the state. (a) Notwithstanding AS 08.29.200 , AS 08.63.200 , AS 08.86.200 , AS 08.95.900 , another provision of this title, or a regulation adopted under this title, a licensee or an entity employing or contracting with a licensee may disclose confidential patient mental health information, communications, and records to the Department of Health when disclosure is authorized under AS 47.30.540 , 47.30.590, 47.30.845, or AS 47.31.032 . Information, communications, and records received by the Department of Health under this section are confidential medical records of patients and are not open to public inspection and copying under AS 40.25.110 — 40.25.120. (b) In this section, “licensee” has the meaning given in AS 08.01.110 . Sec. 08.02.130. Telehealth. (a) A health care provider licensed in this state may provide health care services within the health care provider's authorized scope of practice to a patient in this state through telehealth without first conducting an in-person visit. (b) A physician licensed in another state or an out-of-state member of the physician's multidisciplinary care team may provide health care services through telehealth to a patient located in the state as provided in this subsection, subject to the investigative and enforcement powers of the department under AS 08.01.087 . A member of a physician's multidisciplinary care team may provide a health care service through telehealth to a patient located in this state if the health care service, as provided by the multidisciplinary care team, is not reasonably available in the state. A physician shall be subject to disciplinary action by the State Medical Board under AS 08.64.333 , and a member of the physician's multidisciplinary care team shall be subject to disciplinary action by the department under AS 08.02.140 . The privilege to practice under this subsection extends only to (1) ongoing treatment or follow-up care related to health care services previously provided by the physician to the patient and applies only if (A) the physician and the patient have an established physician-patient relationship; and (B) the physician has previously conducted an in-person visit with the patient; (2) a visit regarding a suspected or diagnosed life-threatening condition for which (A) the patient has been referred to the physician licensed in another state by a physician licensed in this state and that referral has been documented by the referring physician; and (B) the visit involves communication with the patient regarding diagnostic or treatment plan options or analysis of test results for the life-threatening condition; or (3) ongoing treatment or follow-up care provided by a physician licensed in another state or a member of the physician's multidisciplinary care team regarding a suspected or diagnosed life-threatening condition. (c) If a health care provider determines in the course of a telehealth encounter with a patient under this section that some or all of the encounter will extend beyond the health care provider's authorized scope of practice, the health care provider shall advise the patient that the health care provider is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the health care provider is not authorized to provide, and limit the encounter to only those services the health care provider is authorized to provide. The health care provider may not charge for any portion of an encounter that extends beyond the health care provider's authorized scope of practice. (d) A fee for a service provided through telehealth under this section must be reasonable and consistent with the ordinary fee typically charged for that service and may not exceed the fee typically charged for that service. (e) A physician, podiatrist, osteopath, or physician assistant licensed under AS 08.64 may prescribe, dispense, or administer through telehealth under this section a prescription for a controlled substance listed in AS 11.71.140 — 11.71.190 if the physician, podiatrist, osteopath, or physician assistant complies with state and federal law governing the prescription, dispensing, or administering of a controlled substance. (f) An advanced practice registered nurse licensed under AS 08.68 may prescribe, dispense, or administer through telehealth under this section a prescription for a controlled substance listed in AS 11.71.140 — 11.71.190 if the advanced practice registered nurse complies with state and federal law governing the prescription, dispensing, or administering of a controlled substance. (g) Except as authorized under (e) and (f) of this section, a health care provider licensed under this title may not prescribe, dispense, or administer through telehealth under this section a controlled substance listed in AS 11.71.140 — 11.71.190. (h) A health care provider may not be required to document a barrier to an in-person visit to provide health care services through telehealth. The department or a board may not limit the physical setting from which a health care provider may provide health care services through telehealth. (i) Nothing in this section requires the use of telehealth when a health care provider determines that providing health care services through telehealth is not appropriate or when a patient chooses not to receive health care services through telehealth. (j) In this section, (1) [See delayed amendment note.] “health care provider” means (A) an audiologist or speech-language pathologist licensed under AS 08.11 ; a behavior analyst licensed under AS 08.15 ; a chiropractor licensed under AS 08.20 ; a professional counselor licensed under AS 08.29 ; a dental hygienist licensed under AS 08.32 ; a dentist licensed under AS 08.36 ; a dietitian or nutritionist licensed under AS 08.38 ; a naturopath licensed under AS 08.45 ; a marital and family therapist licensed under AS 08.63 ; a physician licensed under AS 08.64 ; a podiatrist, osteopath, or physician assistant licensed under AS 08.64 ; a direct-entry midwife certified under AS 08.65 ; a nurse licensed under AS 08.68 ; a dispensing optician licensed under AS 08.71 ; an optometrist licensed under AS 08.72 ; a pharmacist licensed under AS 08.80 ; a physical therapist or occupational therapist licensed under AS 08.84 ; a psychologist or psychological associate licensed under AS 08.86 ; or a social worker licensed under AS 08.95 ; (B) a physician licensed in another state; or (C) a member of a multidisciplinary care team who is licensed in another state; (2) “licensed” means holding a current license in good standing; (3) “life-threatening condition” means any disease or condition from which the likelihood of death is probable unless the course of the disease or condition is interrupted; (4) “member of a multidisciplinary care team” means an audiologist, speech-language pathologist, behavior analyst, professional counselor, dietitian, nutritionist, naturopath, marital and family therapist, podiatrist, osteopath, physician assistant, nurse, pharmacist, physical therapist, occupational therapist, psychologist or psychological associate, advanced nurse practitioner, or social worker who is a member of a team coordinated by a physician licensed in another state who meets the requirements of (b)(3) of this section; (5) “telehealth” has the meaning given in AS 47.05.270 (e). Sec. 08.02.135. Grounds for imposition of disciplinary sanctions of out-of- state multidisciplinary care team members. The department may sanction a member of an out-of-state physician's multidisciplinary care team who provides health care services through telehealth under AS 08.02.130 if the department finds after a hearing that the member (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation while providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted, including conviction based on a guilty plea or plea of nolo contendere, of (A) a class A or unclassified felony or a crime in another jurisdiction with elements similar to a class A or unclassified felony in this jurisdiction; (B) a class B or class C felony or a crime in another jurisdiction with elements similar to a class B or class C felony in this jurisdiction if the felony or other crime is substantially related to the qualifications, functions, or duties of the member; or (C) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs; (5) has procured, sold, prescribed, or dispensed drugs in violation of a law regardless of whether there has been a criminal action or harm to the patient; (6) intentionally or negligently permitted the performance of patient care by persons under the member's supervision that does not conform to minimum professional standards even if the patient was not injured; (7) failed to comply with AS 08.02.130 — 08.02.140, a regulation adopted under AS 08.02.130 — 08.02.140, or an order of the department; (8) has demonstrated (A) professional incompetence, gross negligence, or repeated negligent conduct; the department may not base a finding of professional incompetence solely on the basis that a member's practice is unconventional or experimental in the absence of demonstrable physical harm to a patient; (B) addiction to, severe dependency on, or habitual overuse of alcohol or other drugs that impairs the member's ability to practice safely; (C) unfitness because of physical or mental disability; (9) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral conduct in connection with the delivery of professional services to patients; in this paragraph, “sexual misconduct” includes sexual contact, or attempted sexual contact, with a patient outside the scope of generally accepted methods of examination or treatment of the patient, regardless of the patient's consent or lack of consent, during the term of the health care provider-patient relationship, unless the patient was the member's spouse at the time of the contact or, immediately preceding the health care provider-patient relationship, was in a dating, courtship, or engagement relationship with the member; (10) has violated any code of ethics adopted by the department; (11) has denied care or treatment to a patient or person seeking assistance from the member if the only reason for the denial is the failure or refusal of the patient to agree to arbitrate as provided in AS 09.55.535 (a); (12) has had a license or certificate to practice health care in another state or territory of the United States, or a province or territory of Canada, denied, suspended, revoked, surrendered while under investigation for an alleged violation, restricted, limited, conditioned, or placed on probation unless the denial, suspension, revocation, or other action was caused by the failure of the member to pay fees to that state, territory, or province; (13) exceeded the scope of the member's privilege to practice in this state under AS 08.02.130 ; or (14) prescribed, dispensed, or administered through telehealth to a patient located in the state a controlled substance listed in AS 11.71.140 — 11.71.190. Sec. 08.02.140. Disciplinary sanctions for an out-of-state multidisciplinary care team member. (a) If the department finds grounds to sanction a member of an out-of-state physician's multidisciplinary care team under AS 08.02.135 , the department may (1) permanently prohibit the member from practicing in the state; (2) prohibit the member from practicing in the state for a determinate period; (3) censure the member; (4) issue a letter of reprimand to the member; (5) place the member on probationary status under (c) of this section; (6) limit or impose conditions on the member's privilege to practice in the state; (7) impose a civil penalty of not more than $25,000; (8) issue a cease and desist order prohibiting the member from providing health care services through telehealth under AS 08.02.130 ; an order issued under this paragraph remains in effect until the member submits evidence acceptable to the department showing that the violation has been corrected; (9) promptly notify the licensing authority in each state in which the member is licensed of a sanction imposed under this subsection. (b) In a case finding grounds for sanction under AS 08.02.135 (12), the final findings of fact, conclusions of law, and order of the authority that suspended or revoked a license or certificate constitute a prima facie case that the license or certificate was suspended or revoked and the grounds under which the suspension or revocation was granted. (c) The department may place a member on probation under this section until the department finds that the deficiencies that required the imposition of a sanction have been remedied. The department may require a member on probation to (1) report regularly to the department on matters involving the reason for which the member was placed on probation; (2) limit the member's practice in the state to those areas prescribed by the department; (3) participate in professional education until the department determines that a satisfactory degree of skill has been attained in areas identified by the department as needing improvement. (d) The department may summarily prohibit a member from practicing in the state under AS 08.02.130 if the department finds that the member, by continuing to practice, poses a clear and immediate danger to public health and safety. A member prohibited from practicing under this subsection is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) not later than seven days after the effective date of the order prohibiting the member from practicing. The department may lift an order prohibiting a member from practicing if the department finds after a hearing that the member is able to practice with reasonable skill and safety. The member may appeal a decision of the department under this subsection to the superior court. (e) The department shall take measures to recover from a member the cost of proceedings resulting in a sanction under (a) of this section, including the costs of investigation by the department and hearing costs. (f) The department may prohibit a member from practicing in the state upon receiving a certified copy of evidence that a license or certificate to practice within the member's scope of practice in another state or territory of the United States, or a province or territory of Canada, has been suspended or revoked. The prohibition remains in effect until a hearing can be held by the department. (g) The department shall be consistent in the application of disciplinary sanctions. A significant departure from earlier decisions of the department involving similar situations must be explained in findings of fact or orders made by the department. Article 4 General Provisions Sec. 08.02.990. Definition. In this chapter, “department” means the Department of Commerce, Community, and Economic Development.