AS Title 8, Chapter 64: Medicine

Article 1. State Medical Board. Chapter 64. Medicine. Sec. 08.64.010. Creation and membership of State Medical Board. The governor shall appoint a board of medical examiners, to be known as the State Medical Board, consisting of five physicians licensed in the state and residing in as many separate geographical areas of the state as possible, one physician assistant licensed under AS 08.64.107 , and two persons with no direct financial interest in the health care industry. Sec. 08.64.020. Term of office. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035 .] Sec. 08.64.030. Substitution of members. [Repealed, § 19 ch 48 SLA 1983.] Sec. 08.64.040. Removal of members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020 .] Sec. 08.64.050. Oath of office. Each member shall take an oath of office. The oath shall be filed and preserved in the department. Sec. 08.64.060. Seal. The board shall adopt a seal. Sec. 08.64.070. Officers. The board shall elect a president and secretary from among its members. The president and secretary may administer oaths. Sec. 08.64.075. Designees. If this chapter authorizes a designee to perform a duty, the board may designate a single board member, the executive secretary, or another employee of the department. Sec. 08.64.080. Meetings of board. [Repealed, § 3 ch 59 SLA 1966.] Sec. 08.64.085. Meetings of the board. The board shall meet at least four times a year. Sec. 08.64.090. Quorum. Five members of the board constitute a quorum for the transaction of all business properly before the board. Sec. 08.64.100. Power of board to adopt regulations. The board may adopt regulations necessary to carry into effect the provisions of this chapter. Sec. 08.64.101. Duties. (a) The board shall (1) except as provided in regulations adopted by the board under (b) of this section, examine and issue licenses to applicants; (2) develop written guidelines to ensure that licensing requirements are not unreasonably burdensome and the issuance of licenses is not unreasonably withheld or delayed; (3) after a hearing, impose disciplinary sanctions on persons who violate this chapter or the regulations or orders of the board; (4) adopt regulations ensuring that renewal of licenses is contingent on proof of continued competency on the part of the licensee; (5) under regulations adopted by the board, contract with private professional organizations to establish an impaired medical professionals program to identify, confront, evaluate, and treat persons licensed under this chapter who abuse alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; (6) adopt regulations that establish guidelines for a physician or physician assistant who is rendering a diagnosis, providing treatment, or prescribing, dispensing, or administering a prescription drug to a person without conducting a physical examination under AS 08.64.364 ; the guidelines must include a nationally recognized model policy for standards of care of a patient who is at a different location than the physician or physician assistant; (7) require that a licensee who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200 (n). (b) The board may adopt regulations authorizing (1) the executive secretary to grant a license to an applicant under this chapter; the regulations must provide (A) that the applicant meet the requirements provided under this chapter; (B) that the executive secretary may not grant a license under this chapter if the applicant has submitted (i) a list of one or more negotiated settlements and judgments under AS 08.64.200 (a)(3); (ii) information that the applicant had a license to practice medicine in another state, country, province, or territory that was suspended or revoked under AS 08.64.200 (a)(4); or (iii) information that requires consideration by the board; (C) other requirements that the board determines necessary; and (2) a member of the board, the executive secretary, or a person designated by the board to issue a temporary permit under AS 08.64.270 (a) or 08.64.275(a) if the applicant meets the requirements established under this chapter. Sec. 08.64.103. Investigator; executive secretary. (a) After consulting with the board, the department shall employ two persons who are not members of the board; one shall be assigned as the investigator for the board; the other shall be assigned as the executive secretary for the board. The investigator shall (1) conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board; (2) at the request of the board, conduct investigations based on complaints filed with the department or with the board; and (3) be directly responsible and accountable to the board, except that only the department has authority to terminate the investigator's employment and the department shall provide day to day and administrative supervision of the investigator. (b) The executive secretary is the principal executive officer of the board and shall perform duties as prescribed by the board. The executive secretary is in the partially exempt service under AS 39.25.120 and is entitled to receive a monthly salary equal to a step in Range 23 on the salary schedule set out in AS 39.27.011 (a). Sec. 08.64.105. Regulation of abortion procedures. The board shall adopt regulations necessary to carry into effect the provisions of AS 18.16.010 and shall define ethical, unprofessional, or dishonorable conduct as related to abortions, set standards of professional competency in the performance of abortions, and establish procedures and set standards for facilities, equipment, and care of patients in the performance of an abortion. Sec. 08.64.106. Delegation of routine medical duties. The board shall adopt regulations authorizing a physician, podiatrist, osteopath, or physician assistant licensed under this chapter to delegate routine medical duties to an agent of the physician, podiatrist, osteopath, or physician assistant. The regulations must (1) require that an agent who is not licensed under this chapter may perform duties delegated under this section only if the agent meets applicable standards established by the board; (2) require that a physician, podiatrist, osteopath, or physician assistant may not delegate duties related to pain management and opioid use and addiction; and (3) define the phrase “routine medical duties.” Sec. 08.64.107. Regulation of physician assistants. The board shall adopt regulations regarding the licensure of physician assistants and the medical services that they may perform, including the (1) educational and other qualifications, including education in pain management and opioid use and addiction; (2) application and licensing procedures; (3) scope of activities authorized; and (4) responsibilities of the supervising or training physician. Sec. 08.64.110. Per diem and expenses. The members of the board are entitled to per diem and expenses authorized by law. Sec. 08.64.120. Coverage of funds and warrants for expenses. [Repealed, § 3 ch 59 SLA 1966.] Sec. 08.64.130. Board records. (a) The board shall preserve a record of its proceedings, which must contain the name, age, residence, and duration of residence of each applicant for a license, the time spent by the applicant in medical study, the place of medical study, and the year and school from which degrees were granted. The record must also show whether the applicant was granted a license or rejected. (b) The board shall maintain records for each person licensed under this chapter concerning the outcome of malpractice actions and claims as reported under AS 08.64.200 (a) and 08.64.345. The board shall periodically review these records to determine if the licensee should be found to be professionally incompetent under AS 08.64.326 (a)(8)(A). (c) The board shall make available to the public the information maintained under (a) and (b) of this section for each person licensed under this chapter. Sec. 08.64.140. Annual report to governor. [Repealed, § 19 ch 48 SLA 1983.] Sec. 08.64.150. Bond of secretary-treasurer. [Repealed, § 28 ch 77 SLA 1969.] Sec. 08.64.160. Applicability of Administrative Procedure Act. The board shall comply with AS 44.62 (Administrative Procedure Act). Article 2. Licensing. Sec. 08.64.170. License to practice medicine, podiatry, or osteopathy. (a) A person may not practice medicine, podiatry, or osteopathy in the state unless the person is licensed under this chapter, except that (1) a physician assistant may examine, diagnose, or treat persons under the supervision, control, and responsibility of either a physician licensed under this chapter or a physician exempted from licensing under AS 08.64.370 ; (2) a person who is licensed or authorized under another law of the state may engage in a practice that is authorized under that law; and (3) a person may perform routine medical duties delegated under AS 08.64.106 . (b) [Repealed, § 4 ch 101 SLA 1974.] (c) A chiropodist practicing in the state on May 16, 1972, is exempt from this section. (d) A podiatrist practicing in the state on March 26, 1976, is exempt from this section, and shall be issued a license without examination if application is made within one year of March 26, 1976. Sec. 08.64.180. Application for license. A person who desires to practice medicine or osteopathy in the state shall apply in writing to the department for a license. Sec. 08.64.190. Contents of application. The application must state the name, age, residence, the time spent in medical or osteopathy study, the place, year, and school in which degrees were granted, the applicant's medical work history, and other information the board considers necessary. The application shall be made under oath. The board may verify information in the application through direct contact with the appropriate schools, medical boards, or other agencies that can substantiate the information. Sec. 08.64.200. Qualifications of physician applicants. (a) Except for foreign medical graduates as specified in AS 08.64.225 , each physician applicant shall (1) submit a certificate of graduation from a legally chartered medical school accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association; (2) submit a certificate from a recognized hospital or hospitals certifying that the applicant has satisfactorily performed the duties of resident physician or intern for a period of (A) one year if the applicant graduated from medical school before January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency; and (B) two years if the applicant graduated from medical school on or after January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency and a certificate of successful completion of one additional year of postgraduate training at a recognized hospital; (3) submit a list of negotiated settlements or judgments in claims or civil actions alleging medical malpractice against the applicant, including an explanation of the basis for each claim or action; (4) not have a license to practice medicine in another state, country, province, or territory that is currently suspended or revoked for disciplinary reasons; and (5) receive education in pain management and opioid use and addiction, unless the applicant has demonstrated to the satisfaction of the board that the applicant does not currently hold a valid federal Drug Enforcement Administration registration number; an applicant may include past professional experience or professional education as proof of professional competence. (b) The board shall determine whether each physician applicant has any disciplinary or other actions recorded in the nationwide disciplinary data bank of the Federation of State Medical Boards. If the physician applicant was licensed or practiced in a jurisdiction that does not record information with the data bank of the Federation of State Medical Boards, the board shall contact the medical regulatory body of that jurisdiction to obtain comparable information about the applicant. Sec. 08.64.205. Qualifications for osteopath applicants. Each osteopath applicant shall meet the qualifications prescribed in AS 08.64.200 (a)(3) — (5) and shall (1) submit a certificate of graduation from the legally chartered school of osteopathy approved by the board; (2) submit a certificate from a hospital approved by the American Medical Association or the American Osteopathic Association that certifies that the osteopath has satisfactorily completed and performed the duties of intern or resident physician for (A) one year if the applicant graduated from a school of osteopathy before January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency; or (B) two years if the applicant graduated from a school of osteopathy on or after January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency and a certificate of successful completion of one additional year of postgraduate training at a recognized hospital; (3) take the examination required by AS 08.64.210 or be certified to practice by the National Board of Examiners for Osteopathic Physicians and Surgeons or by the National Board of Osteopathic Medical Examiners; (4) receive education in pain management and opioid use and addiction, unless the applicant has demonstrated to the satisfaction of the board that the applicant does not currently hold a valid federal Drug Enforcement Administration registration number; an applicant may include past professional experience or professional education as proof of professional competence. Sec. 08.64.207. Qualifications for acupuncture applicants. [Repealed, § 15 ch 6 SLA 1990.] Sec. 08.64.209. Qualifications for podiatry applicants. (a) Each applicant who desires to practice podiatry shall meet the qualifications prescribed in AS 08.64.200 (a)(3) — (5) and shall (1) submit a certificate of graduation from a legally chartered school of podiatry approved by the board; (2) take the examination required by AS 08.64.210 ; the board shall call to its aid a podiatrist of known ability who is licensed to practice podiatry to assist in the examination and licensure of applicants for a license to practice podiatry; (3) receive education in pain management and opioid use and addiction, unless the applicant has demonstrated to the satisfaction of the board that the applicant does not currently hold a valid federal Drug Enforcement Administration registration number; an applicant may include past professional experience or professional education as proof of professional competence; (4) meet other qualifications of experience or education that the board may require. (b) The provisions of AS 08.64.180 — 08.64.190, 08.64.220, and 08.64.230 — 08.64.380 relating to the practice of medicine or osteopathy apply to the application procedure, testing, and practice of podiatry, as appropriate. Sec. 08.64.210. Examination required. (a) An applicant shall take examinations in subjects the board considers necessary, unless excused under provisions of AS 08.64.250 . (b) The deadline for submitting an exam application to the board shall be established by regulation. Sec. 08.64.215. Insurance required. [Repealed, § 40 ch 177 SLA 1978.] Sec. 08.64.220. Contents of examination and grading. (a) The board shall offer a written examination sufficient to test the applicant's fitness to practice medicine or osteopathy. (b) [Repealed by § 27 ch 148 SLA 1970.] (c) The examinations, answers, and scores shall be preserved and filed. Sec. 08.64.225. Foreign medical graduates. (a) Applicants who are graduates of medical colleges not accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association shall (1) meet the requirements of AS 08.64.200 (a)(3) — (5) and 08.64.255; (2) have successfully completed (A) three years of postgraduate training as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency and a certificate of successful completion of two additional years of postgraduate training at a recognized hospital; or (B) other requirements establishing proof of competency and professional qualifications as the board considers necessary to ensure the continued protection of the public adopted at the discretion of the board by regulation, including education in pain management and opioid use and addiction, unless the applicant has demonstrated to the satisfaction of the board that the applicant does not currently hold a valid federal Drug Enforcement Administration registration number; an applicant may include past professional experience or professional education as proof of professional competence; and (3) have passed examinations as specified by the board in regulations. (b) Requirements establishing proof of competency under (a)(2)(B) of this section may include (1) current licensure in another state and an active medical practice in that state for at least three years; or (2) current board certification in a practice specialty by the American Board of Medical Specialties. (c) In this section, “recognized hospital” means a hospital that has been approved for internship or residency training by the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada. Sec. 08.64.230. License granted. (a) If a physician applicant passes the examination and meets the requirements of AS 08.64.200 and 08.64.255, the board or its executive secretary shall grant a license to the applicant to practice medicine in the state. (b) If an osteopath applicant passes the examination and meets the requirements of AS 08.64.205 and 08.64.255, the board or its executive secretary shall grant a license to the applicant to practice osteopathy in the state. (c) Each license shall be signed by the secretary and president of the board, and have the seal of the board affixed to it. Sec. 08.64.240. License refused. (a) The board may not grant a license if (1) the applicant fails or cheats during the examination; (2) the applicant has surrendered a license in another jurisdiction while under investigation and the license has not been reinstated in that jurisdiction; (3) the board determines that the applicant is professionally unfit to practice medicine or osteopathy in the state; or (4) the applicant fails to comply with a requirement of this chapter. (b) The board may refuse to grant a license to any applicant for the same reasons that it may impose disciplinary sanctions under AS 08.64.326 . Sec. 08.64.250. License by credentials. (a) The board may waive the examination requirement and license by credentials if the physician, osteopath, or podiatry applicant meets the requirements of AS 08.64.200 , 08.64.205, or 08.64.209, submits proof of continued competence as required by regulation, pays the required fee, and has (1) an active license from a board of medical examiners established under the laws of a state or territory of the United States or a province or territory of Canada issued after thorough examination; or (2) passed an examination as specified by the board in regulations. (b) The board shall adopt regulations under (a) of this section that require an applicant to demonstrate professional competence in pain management and addiction disorders. An applicant may include past professional experience or professional education as proof of professional competence. Sec. 08.64.255. Interviews. An applicant for licensure may be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved. Sec. 08.64.260. Reexamination. (a) If the applicant fails the examination, the applicant may, on the same application and payment of a reexamination fee, take another examination not less than six months nor more than two years after the date of the first examination. If the applicant fails a second examination, the applicant may, after a year or more of further study or training approved by the board, make a new application for licensure. (b) [Repealed, § 21 ch 87 SLA 1987.] (c) [Repealed, § 21 ch 87 SLA 1987.] (d) [Repealed, § 21 ch 87 SLA 1987.] Sec. 08.64.270. Temporary permits. (a) The board, a member of the board, the executive secretary, or a person designated by the board to issue temporary permits may issue a temporary permit to a physician applicant, osteopath applicant, or podiatry applicant who meets the requirements of AS 08.64.200 , 08.64.205, 08.64.209, or 08.64.225 and pays the required fee. (b) A temporary permit issued under this section is valid for six months and shall be reviewed by the board at the next regularly scheduled board meeting that occurs after its issuance. (c) A temporary permit issued under this section may not be renewed. (d) The fee for a permit issued under this section is one-fourth of the fee for a biennial license, plus the appropriate application fee. (e) Upon application by the permittee and approval of the board, a permit issued under this section may be converted to a biennial license upon payment of the biennial fee minus the six-month permit fee paid under (d) of this section, plus the appropriate application fee. Sec. 08.64.272. Residency and internship permits. (a) A person may not serve as a resident or intern without a permit issued under this section. (b) For the limited purpose of residency or internship, the board may issue a permit to an applicant without examination if the applicant meets the requirements of AS 08.64.200 (a)(1) and applicable regulations of the board, meets the requirements of AS 08.64.279 , pays the required fee, and has been accepted by an eligible institution in the state for the purpose of residency or internship. (c) A permit issued under this section is valid for the period specified by the board, but not to exceed 36 months after the date of issue. Upon application by a person who pays the required fee and has been accepted by an eligible institution in the state for the purpose of residency or internship, the board may renew a permit issued under this section for a period specified by the board, but not to exceed 36 months after the date of renewal. Sec. 08.64.275. Temporary permit for locum tenens practice. (a) A member of the board, its executive secretary, or a person designated by the board to issue temporary permits may grant a temporary permit to a physician or osteopath for the purpose of (1) substituting for another physician or osteopath licensed in this state; (2) being temporarily employed by a physician or osteopath licensed in this state while that physician or osteopath evaluates the permittee for permanent employment; or (3) being temporarily employed by a hospital or community mental health center while the facility attempts to fill a vacant permanent physician or osteopath staff position with a physician or osteopath licensed in this state. (b) A physician applying under (a) of this section shall pay the required fee and shall meet the requirements of AS 08.64.279 and the requirements of either AS 08.64.200 or 08.64.225. In addition, the physician shall submit evidence of holding a license to practice medicine in a state or territory of the United States or in a province or territory of Canada. (c) An osteopath applying under (a) of this section shall pay the required fee and shall meet the requirements of AS 08.64.205 and 08.64.279. In addition, the osteopath shall submit evidence of holding a license to practice in a state or territory of the United States or in a province or territory of Canada. (d) Within 10 days after the permit has been granted, the board member shall forward to the department a report of the issuance of the permit. (e) A permit issued under this section is initially valid for 90 consecutive calendar days. Upon request by a permittee, a permit issued under this section shall be extended for 60 calendar days by the board or its designee if, before the expiration of the initial 90-day permit, the permittee submits to the department a completed application form and the fee required for licensure under this chapter, except that the board may refuse to grant a request for an extension for the same reasons the board may refuse to grant a license under AS 08.64.240 . Permits and extensions of permits issued to an individual under this section are not valid for more than 240 calendar days during any consecutive 24 months. (f) Notwithstanding (e) of this section, a permit issued under this section may be extended by the board or its designee for a time period that exceeds the limit established in (e) of this section if the board or its designee determines that the extension is necessary in order to provide essential medical services for the protection of public health and safety and the board has received a (1) clearance report from the National Practitioner Data Bank; (2) physician profile from the American Medical Association or the American Osteopathic Association; (3) clearance report from the United States Drug Enforcement Administration; and (4) completed application form and the fee required for licensure under this chapter. Sec. 08.64.276. Retired status license. (a) On retiring from practice and payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice medicine, osteopathy, or podiatry in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from AS 08.64.312 . (b) A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria as determined under regulations of the board, which may include submission of continuing medical education credits, reexamination requirements, physical and psychiatric examination requirements, an interview with the entire board, and review of information in the national data bank of the National Federation of State Medical Boards. Sec. 08.64.279. Interview for permits. An applicant for an intern permit, a resident permit, or a temporary permit for locum tenens practice may be interviewed in person by the board, a member of the board, the executive secretary of the board, or a person designated for that purpose by the board. Sec. 08.64.280. Record of license. [Repealed, § 10 ch 37 SLA 1986.] Sec. 08.64.290. Examination fee. [Repealed, § 54 ch 37 SLA 1985.] Sec. 08.64.300. Fee for license by reciprocity. [Repealed, § 19 ch 77 SLA 1969.] Sec. 08.64.310. Annual license fee. [Repealed, § 20 ch 77 SLA 1969.] Sec. 08.64.311. License renewal. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.100 .] Sec. 08.64.312. Continuing education requirements. (a) The board shall promote a high degree of competence in the practice of medicine, osteopathy, and podiatry by requiring every licensee of medicine, osteopathy, and podiatry in the state to fulfill continuing education requirements. (b) Before a license may be renewed, the licensee shall submit evidence to the board or its designee that continuing education requirements prescribed by regulations adopted by the board have been met. Continuing education requirements must include not less than two hours of education in pain management and opioid use and addiction in the two years preceding an application for renewal of a license, unless the licensee demonstrates to the satisfaction of the board that the licensee's practice does not include pain management and opioid treatment or prescribing. (c) The board or its designee may exempt a physician, osteopath, or podiatrist from the requirements of (b) of this section upon an application by the physician, osteopath, or podiatrist giving evidence satisfactory to the board or its designee that the physician, osteopath, or podiatrist is unable to comply with the requirements because of extenuating circumstances. However, a person may not be exempted from more than 15 hours of continuing education in a five-year period; a person may not be exempted from the requirement to receive at least two hours of education in pain management and opioid use and addiction unless the person has demonstrated to the satisfaction of the board that the person does not currently hold a valid federal Drug Enforcement Administration registration number. Sec. 08.64.313. Inactive license. A licensee who does not practice in the state may hold an inactive license. A person who practices in the state, however infrequently, shall hold an active license. Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for each of the following: (1) application; (2) license by examination; (3) license by endorsement or waiver of examination; (4) temporary permit; (5) locum tenens permit; (6) license renewal, active; (7) license renewal, inactive; (8) license by reexamination. Sec. 08.64.320. Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.] Sec. 08.64.325. Limits or conditions on license; discipline. [Repealed, § 19 ch 48 SLA 1983.] Sec. 08.64.326. Grounds for imposition of disciplinary sanctions. (a) The board may impose a sanction if the board finds after a hearing that a licensee (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 licensee; 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 licensee's supervision that does not conform to minimum professional standards even if the patient was not injured; (7) failed to comply with this chapter, a regulation adopted under this chapter, or an order of the board; (8) has demonstrated (A) professional incompetence, gross negligence, or repeated negligent conduct; the board may not base a finding of professional incompetence solely on the basis that a licensee'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 licensee'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, as defined by the board in regulations adopted under this chapter, 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 physician-patient relationship, as defined by the board in regulations adopted under this chapter, unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the physician-patient relationship, was in a dating, courtship, or engagement relationship with the licensee; (10) has violated AS 18.16.010 ; (11) has violated any code of ethics adopted by regulation by the board; (12) has denied care or treatment to a patient or person seeking assistance from the physician 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); (13) has had a license or certificate to practice medicine 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 licensee to pay fees to that state, territory, or province; or (14) prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.64.363 . (b) In a case involving (a)(13) of this section, the final findings of fact, conclusions of law and order of the authority that suspended or revoked a license or certificate constitutes a prima facie case that the license or certificate was suspended or revoked and the grounds under which the suspension or revocation was granted. Sec. 08.64.330. Grounds for revocation of license. [Repealed, § 19 ch 48 SLA 1983.] Sec. 08.64.331. Disciplinary sanctions. (a) If the board finds that a licensee has committed an act set out in AS 08.64.326 (a), the board may (1) permanently revoke a license to practice; (2) suspend a license for a determinate period of time; (3) censure a licensee; (4) issue a letter of reprimand; (5) place a licensee on probationary status and require the licensee to (A) report regularly to the board on matters involving the basis of probation; (B) limit practice to those areas prescribed; (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the board to need improvement; (6) impose limitations or conditions on the practice of a licensee; (7) impose a civil fine of not more than $25,000; or (8) impose one or more of the sanctions set out in (1) — (7) of this subsection. (b) The board may end the probation of a licensee if it finds that the deficiencies which required this sanction have been remedied. (c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A person whose license is suspended under this section 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, and the person may appeal the suspension after a hearing to a court of competent jurisdiction. (d) The board may reinstate a license that has been suspended or revoked if the board finds after a hearing that the applicant is able to practice with reasonable skill and safety. (e) The board may suspend a license upon receipt of a certified copy of evidence that a license to practice medicine in another state or territory of the United States or province of Canada has been suspended or revoked. The suspension remains in effect until a hearing can be held by the board. (f) The board shall be consistent in the application of disciplinary sanctions. A significant departure from earlier decisions of the board involving similar situations must be explained in findings of fact or orders made by the board. Sec. 08.64.332. Automatic suspension for mental incompetency or insanity. Notwithstanding AS 44.62 , if a person holding a license to practice medicine or osteopathy under this chapter is adjudged mentally incompetent or insane by a final order or adjudication of a court of competent jurisdiction or by voluntary commitment to an institution for the treatment of mental illness, the person's license shall be suspended by the board. The suspension shall continue in effect until the court finds or adjudges that the person has been restored to reason or until a licensed psychiatrist approved by the board determines that the person has been restored to reason. Sec. 08.64.333. Disciplinary sanctions: physician licensed in another state. (a) The board may sanction a physician licensed in another state who provides health care services through telehealth under AS 08.02.130 (b) if the board finds after a hearing that (1) one or more of the grounds listed in AS 08.64.326 (a)(1) — (13) exist with respect to that physician; (2) the physician exceeded the scope of the physician's privilege to practice in this state under AS 08.02.130 ; or (3) the physician 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. (b) If the board finds grounds to sanction a physician under (a) of this section, the board may (1) permanently prohibit the physician from practicing in the state; (2) prohibit the physician from practicing in the state for a determinate period; (3) censure the physician; (4) issue a letter of reprimand to the physician; (5) place the physician on probationary status under (d) of this section; (6) limit or impose conditions on the physician's privilege to practice in the state; (7) impose a civil fine of not more than $25,000; (8) issue a cease and desist order prohibiting the physician from providing health care services through telehealth under AS 08.02.130 (b); an order issued under this paragraph remains in effect until the physician submits evidence acceptable to the board showing that the violation has been corrected; (9) promptly notify the licensing authority in each state in which the physician is licensed of a sanction imposed under this subsection. (c) In a case finding grounds for sanction under AS 08.64.326 (a)(13), 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. (d) The board may place a physician on probation under this section until the board finds that the deficiencies that required the imposition of a sanction have been remedied. The board may require a physician on probation to (1) report regularly to the board on matters involving the reason for which the physician was placed on probation; (2) limit the physician's practice in the state to those areas prescribed by the board; (3) participate in professional education until the board determines that a satisfactory degree of skill has been attained in areas identified by the board as needing improvement. (e) The board may summarily prohibit a physician from practicing in the state under AS 08.02.130 (b) if the board finds that the physician, by continuing to practice, poses a clear and immediate danger to public health and safety. A physician 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 physician from practicing. The board may lift an order prohibiting a physician from practicing if the board finds after a hearing that the physician is able to practice with reasonable skill and safety. The physician may appeal a decision of the board under this subsection to the superior court. (f) The board shall take measures to recover from a physician the cost of proceedings resulting in a sanction under (b) of this section, including the costs of investigation by the board and department, and hearing costs. (g) The board may prohibit a physician from practicing in the state upon receipt of a certified copy of evidence that a license to practice medicine in another state or territory of the United States or province or territory of Canada has been suspended or revoked. The prohibition remains in effect until a hearing can be held by the board. (h) The board shall be consistent in the application of disciplinary sanctions. A significant departure from earlier decisions of the board involving similar situations must be explained in findings of fact or orders made by the board. Sec. 08.64.334. Voluntary surrender. The board, at its discretion, may accept the voluntary surrender of a license. A license may not be returned unless the board determines, under regulations adopted by it, that the licensee is competent to resume practice. However, a license may not be returned to the licensee if the voluntary surrender resulted in the dropping or suspension of civil or criminal charges against the physician. Sec. 08.64.335. Reports of disciplinary action or license suspension or surrender. The board shall promptly report to the Federation of State Medical Boards for inclusion in the nationwide disciplinary data bank license and permit refusals under AS 08.64.240 , actions taken by the board under AS 08.64.331 , and license and permit suspensions or surrenders under AS 08.64.332 or 08.64.334. Sec. 08.64.336. Duty of physicians and hospitals to report. (a) A physician who professionally treats a person licensed to practice medicine or osteopathy in this state for alcoholism or drug addiction, or for mental, emotional, or personality disorders, shall report it to the board if there is probable cause that the person may constitute a danger to the health and welfare of that person's patients or the public if that person continues in practice. The report must state the name and address of the person and the condition found. (b) A hospital that revokes, suspends, conditions, restricts, or refuses to grant hospital privileges to, or imposes a consultation requirement on, a person licensed to practice medicine or osteopathy in the state shall report to the board the name and address of the person and the reasons for the action within seven working days after the action is taken. A hospital shall also report to the board the name and address of a person licensed to practice medicine or osteopathy in the state if the person resigns hospital staff privileges while under investigation by the hospital or a committee of the hospital and the investigation could result in the revocation, suspension, conditioning, or restricting of, or the refusal to grant, hospital privileges, or in the imposition of a consultation requirement. A report is required under this subsection regardless of whether the person voluntarily agrees to the action taken by the hospital. A report is not required if the sole reason for the action is the person's failure to complete hospital records in a timely manner or to attend staff or committee meetings. In this subsection “consultation requirement” means a restriction placed on a person's existing hospital privileges requiring consultation with a designated physician or group of physicians in order to continue to exercise the hospital privileges. (c) Upon receipt of a report under (a) or (b) of this section, the board shall investigate the matter and, upon a finding that there is reasonable cause to believe that the person who is the subject of the report is a danger to the health or welfare of the public or to the person's patients, the board may appoint a committee of three qualified physicians to examine the person and report its findings to the board. Notwithstanding the provisions of this subsection, the board may summarily suspend a license under AS 08.64.331 (c) before appointing an examining committee or before the committee makes or reports its findings. (d) If the board finds that a person licensed to practice medicine or osteopathy is unable to continue in practice with reasonable safety to the person's patients or to the public, the board shall initiate action to suspend, revoke, limit, or condition the person's license to the extent necessary for the protection of the person's patients and the public. (e) A physician, hospital, hospital committee, or private professional organization contracted with under AS 08.64.101 (a)(5) to identify, confront, evaluate, and treat individuals licensed under this chapter who abuse addictive substances that in good faith submits a report under this section or participates in an investigation or judicial proceeding related to a report submitted under this section is immune from civil liability for the submission or participation. (f) A physician or hospital may not refuse to submit a report under this section or withhold from the board or its investigators evidence related to an investigation under this section on the grounds that the report or evidence (1) concerns a matter that was disclosed in the course of a confidential physician-patient or psychotherapist-patient relationship or during a meeting of a hospital medical staff, governing body, or committee that was exempt from the public meeting requirements of AS 44.62.310 ; or (2) is required to be kept confidential under AS 18.23.030 . Sec. 08.64.338. Medical and psychiatric exams. For the purposes of an investigation under this chapter, the board may order a person to whom it has issued a license or permit to submit to a medical or psychiatric examination by a physician or other practitioner of the healing arts appointed by the board. An examination shall be at the board's expense. An examination may include the required submission of biological specimens requested by the examining physician or practitioner. Sec. 08.64.340. Statement of grounds of refusal or revocation of license. If the board refuses to issue a license or revokes a license, it shall file a brief and concise statement of the grounds and reasons for the action in the office of the secretary of the board and in the department. The statement, together with the written decision of the board, shall remain of record in the department. Sec. 08.64.345. Reports relating to malpractice actions and claims. A person licensed under this chapter shall report in writing to the board concerning the outcome of each medical malpractice claim or civil action in which damages have been or are to be paid by or on behalf of the licensee to the claimant or plaintiff, whether by judgment or under a settlement. This report shall be made within 30 days after resolution of the claim or termination of the civil action. Sec. 08.64.350. Certification of revocation. [Repealed, § 10 ch 37 SLA 1986.] Sec. 08.64.360. Penalty for practicing without a license or in violation of law. Except for a physician assistant or a person licensed or authorized under another law of the state who engages in practices for which that person is licensed or authorized under that law, a person practicing medicine or osteopathy in the state without a valid license or permit is guilty of a class A misdemeanor.

Each day of illegal practice is a separate offense. Sec. 08.64.362. Limitation of liability. An action may not be brought against a person for damages resulting from 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 an administrative or judicial proceeding relating to the report if the report relates to a person licensed under this chapter. Sec. 08.64.363. Maximum dosage for opioid prescriptions. (a) A licensee may not issue (1) an initial prescription for an opioid that exceeds a seven-day supply to an adult patient for outpatient use; (2) a prescription for an opioid that exceeds a seven-day supply to a minor; at the time a licensee writes a prescription for an opioid for a minor, the licensee shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use. (b) Notwithstanding (a) of this section, a licensee may issue a prescription for an opioid that exceeds a seven-day supply to an adult or minor patient if, in the professional medical judgment of the licensee, more than a seven-day supply of an opioid is necessary for (1) the patient's acute medical condition, chronic pain management, pain associated with cancer, or pain experienced while the patient is in palliative care; the licensee may write a prescription for an opioid for the quantity needed to treat the patient's medical condition, chronic pain, pain associated with cancer, or pain experienced while the patient is in palliative care; the licensee shall document in the patient's medical record the condition triggering the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; (2) a patient who is unable to access a practitioner within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the licensee may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the licensee shall document in the patient's medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in AS 11.71.900 ; or (3) the treatment of a patient's substance abuse or opioid dependence; the licensee may write a prescription for an opioid approved for the treatment of substance abuse or opioid dependence for the quantity needed to treat the patient's substance abuse or opioid dependence; the licensee shall document in the patient's medical record the reason for the prescription of an opioid approved for the treatment of substance abuse or opioid dependence in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate for the treatment of substance abuse or opioid dependence. (c) In this section, (1) “adult” means (A) an individual who has reached 18 years of age; or (B) an emancipated minor; (2) “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590 ; (3) “minor” means an individual under 18 years of age who is not an emancipated minor. Article 3. Miscellaneous Provisions. Sec. 08.64.364. Prescription of drugs without physical examination. (a) The board may not impose disciplinary sanctions on a physician or physician assistant for rendering a diagnosis, providing treatment, or prescribing, dispensing, or administering a prescription drug that is not a controlled substance to a person without conducting a physical examination if (1) the physician, physician assistant, or another licensed health care provider in the medical practice is available to provide follow-up care; and (2) the physician or physician assistant requests that the person consent to sending a copy of all records of the encounter to the person's primary care provider if the prescribing physician or physician assistant is not the person's primary care provider and, if the person consents, the physician or physician assistant sends the records to the person's primary care provider. (b) The board may not impose disciplinary sanctions on a physician or physician assistant for prescribing, dispensing, or administering a prescription drug that is a controlled substance if the requirements under (a) of this section and AS 08.64.363 are met. (c) Notwithstanding (a) and (b) of this section, (1) a physician may not prescribe, dispense, or administer an abortion-inducing drug under (a) of this section unless the physician complies with AS 18.16.010 ; and (2) a physician or physician assistant may not prescribe, dispense, or administer a prescription drug in response to an Internet questionnaire or electronic mail message to a person with whom the physician or physician assistant does not have a prior physician-patient relationship. (d) In this section, (1) “controlled substance” has the meaning given in AS 11.71.900 ; (2) “prescription drug” has the meaning given in AS 08.80.480 ; (3) “primary care provider” has the meaning given in AS 21.07.250 . Sec. 08.64.365. Physicians acting under emergency circumstances. [Repealed, § 46 ch 102 SLA 1976.] Sec. 08.64.366. Liability for services rendered by a mobile intensive care paramedic. Sec. 08.64.367. Use of amygdalin (laetrile); investigational drugs, biological products, or devices. (a) A physician may not be subject to disciplinary action by the board for prescribing or administering amygdalin (laetrile) to a patient under the physician's care who has requested the substance unless the board in a hearing conducted under AS 44.62 (Administrative Procedure Act) has made a formal finding that the substance is harmful. (b) A hospital or health facility may not interfere with the physician-patient relationship by restricting or forbidding the use of amygdalin (laetrile) when prescribed or administered by a physician and requested by a patient unless the substance as prescribed or administered by the physician is found to be harmful by the board in a hearing conducted under the provisions of AS 44.62 (Administrative Procedure Act). (c) A physician may not be subject to disciplinary action by the board for prescribing, dispensing, or administering an investigational drug, biological product, or device, or providing related treatment, to a patient for the purpose of sustaining the patient's life if the patient (1) has a terminal illness; (2) is ineligible or unable to participate in a current clinical trial for the investigational drug, biological product, or device; (3) has considered, after consultation with the physician, all other treatment options currently approved by the United States Food and Drug Administration; and (4) has given informed consent in writing for the use of the investigational drug, biological product, or device. (d) In this section, (1) “investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed Phase 1 studies of clinical trials for investigation and remains in ongoing clinical trials under Phase 2 or Phase 3 or is in the new drug application process following Phase 3 of clinical trials, but has not been approved for general use by the United States Food and Drug Administration; (2) “terminal illness” means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely. Sec. 08.64.368. Permits for isolated areas. [Repealed, § 27 ch 148 SLA 1970.] Sec. 08.64.369. Health care professionals to report certain injuries. (a) A health care professional who initially treats or attends to a person with an injury described in (b) of this section shall make certain that an oral report of the injury is made promptly to the Department of Public Safety, a local law enforcement agency, or a village public safety officer. The health care professional shall make certain that a written report of an injury described in (b)(1) or (2) of this section is submitted to the Department of Public Safety within three working days after the person is treated. The report shall be on a form provided by the Department of Public Safety. (b) The following injuries shall be reported under (a) of this section: (1) second or third degree burns to five percent or more of a patient's body; (2) a burn to a patient's upper respiratory tract or laryngeal edema due to the inhalation of super-heated air; (3) a bullet wound, powder burn, or other injury apparently caused by the discharge of a firearm; (4) an injury apparently caused by a knife, axe, or other sharp or pointed instrument, unless the injury was clearly accidental; and (5) an injury that is likely to cause the death of the patient, unless the injury was clearly accidental. (c) A person who, in good faith, makes a report under this section, or who participates in judicial proceedings related to a report under this section, is immune from any civil or criminal liability that might otherwise be incurred as a result of making such a report or participating in the judicial proceedings. (d) In this section, “health care professional” includes an emergency medical technician certified under AS 18.08 , health aide, physician, nurse, mobile intensive care paramedic licensed under AS 18.08 , and physician assistant, but does not include a practitioner of religious healing. Article 4. General Provisions. Sec. 08.64.370. Exceptions to application of chapter. This chapter does not apply to (1) officers in the regular medical service of the armed services of the United States or the United States Public Health Service while in the discharge of their official duties; (2) a physician or osteopath licensed in another state who is asked by a physician or osteopath licensed in this state to help in the diagnosis or treatment of a case, unless the physician is practicing under AS 08.02.130 (b); (3) the practice of the religious tenets of a church; (4) a physician in the regular medical service of the United States Public Health Service or the armed services of the United States volunteering services without pay or other remuneration to a hospital, clinic, medical office, or other medical facility in the state; (5) a person who is certified as a direct-entry midwife by the department under AS 08.65 while engaged in the practice of midwifery whether or not the person accepts compensation for those services; (6) a physician licensed in another state who, under a written agreement with an athletic team located in the state in which the physician is licensed, provides medical services to members of the athletic team while the athletic team is traveling to or from or participating in a sporting event in this state. Sec. 08.64.380. Definitions. In this chapter, (1) “board” means the State Medical Board; (2) “department” means the Department of Commerce, Community, and Economic Development; (3) [Repealed, § 18 ch 29 SLA 2021.] (4) [Repealed, § 18 ch 29 SLA 2021.] (5) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160; (6) “practice of medicine” or “practice of osteopathy” means: (A) for a fee, donation or other consideration, to diagnose, treat, operate on, prescribe for, or administer to, any human ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other mental or physical condition; or to attempt to perform or represent that a person is authorized to perform any of the acts set out in this subparagraph; (B) to use or publicly display a title in connection with a person's name including “doctor of medicine,” “physician,” “M.D.,” or “doctor of osteopathic medicine” or “D.O.” or a specialist designation including “surgeon,” “dermatologist,” or a similar title in such a manner as to show that the person is willing or qualified to diagnose or treat the sick or injured; (7) “practice of podiatry” means the medical, mechanical, and surgical treatment of ailments of the foot, the muscles and tendons of the leg governing the functions of the foot, and superficial lesions of the hand other than those associated with trauma; the use of preparations, medicines, and drugs as are necessary for the treatment of these ailments; the treatment of the local manifestations of systemic diseases as they appear in the hand and foot, except that (A) a patient shall be concurrently referred to a physician or osteopath for the treatment of the systemic disease itself; (B) general anaesthetics may be used only in colleges of podiatry approved by the board and in hospitals approved by the joint commission on the accreditation of hospitals, or the American Osteopathic Association; and (C) the use of X-ray or radium for therapeutic purposes is not permitted.