Enrolled SB 91
LAWS OF ALASKA
2024
Source Chapter No.
CSSB 91(FIN) am H _______
AN ACT
Relating to telehealth; relating to multidisciplinary care teams; and relating to the practice of
medicine.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
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AN ACT
Relating to telehealth; relating to multidisciplinary care teams; and relating to the practice of 1
medicine. 2
_______________ 3
* Section 1. AS 08.02.130(b) is amended to read: 4
(b) A physician licensed in another state or an out-of-state member of the
5
physician's multidisciplinary care team may provide health care services through 6
telehealth to a patient located in the state as provided in this subsection, subject to the 7
investigative and enforcement powers of the department under AS 08.01.087. A 8
member of a physician's multidisciplinary care team may provide a health care 9
service through telehealth to a patient located in this state if the health care 10
service, as provided by the multidisciplinary care team, is not reasonably 11
available in the state. A physician shall be [, AND] subject to disciplinary action by 12
the State Medical Board under AS 08.64.333, and a member of the physician's 13
multidisciplinary care team shall be subject to disciplinary action by the 14
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department under AS 08.02.140. The privilege to practice under this subsection 1
extends only to 2
(1) ongoing treatment or follow-up care related to health care services 3
previously provided by the physician to the patient and applies only if 4
(A) the physician and the patient have an established physician-5
patient relationship; and 6
(B) the physician has previously conducted an in-person visit 7
with the patient; [OR] 8
(2) a visit regarding a suspected or diagnosed life-threatening 9
condition for which 10
(A) the patient has been referred to the physician licensed in 11
another state by a physician licensed in this state and that referral has been 12
documented by the referring physician; and 13
(B) the visit involves communication with the patient regarding 14
diagnostic or treatment plan options or analysis of test results for the life-15
threatening condition; or 16
(3) ongoing treatment or follow-up care provided by a physician 17
licensed in another state or a member of the physician's multidisciplinary care 18
team regarding a suspected or diagnosed life-threatening condition. 19
* Sec. 2. AS 08.02.130(j)(1) is amended to read: 20
(1) "health care provider" means 21
(A) an audiologist or speech-language pathologist licensed 22
under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 23
licensed under AS 08.20; a professional counselor licensed under AS 08.29; a 24
dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; a 25
dietitian or nutritionist licensed under AS 08.38; a naturopath licensed under 26
AS 08.45; a marital and family therapist licensed under AS 08.63; a physician 27
licensed under AS 08.64; a podiatrist, osteopath, or physician assistant licensed 28
under AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse 29
licensed under AS 08.68; a dispensing optician licensed under AS 08.71; an 30
optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 31
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physical therapist or occupational therapist licensed under AS 08.84; a 1
psychologist or psychological associate licensed under AS 08.86; or a social 2
worker licensed under AS 08.95; [OR] 3
(B) a physician licensed in another state; or 4
(C) a member of a multidisciplinary care team who is 5
licensed in another state; 6
* Sec. 3. AS 08.02.130(j) is amended by adding a new paragraph to read: 7
(5) "member of a multidisciplinary care team" means an audiologist, 8
speech-language pathologist, behavior analyst, professional counselor, dietitian, 9
nutritionist, naturopath, marital and family therapist, podiatrist, osteopath, physician 10
assistant, nurse, pharmacist, physical therapist, occupational therapist, psychologist or 11
psychological associate, advanced nurse practitioner, or social worker who is a 12
member of a team coordinated by a physician licensed in another state who meets the 13
requirements of (b)(3) of this section. 14
* Sec. 4. AS 08.02 is amended by adding new sections to article 3 to read: 15
Sec. 08.02.135. Grounds for imposition of disciplinary sanctions of out-of-16
state multidisciplinary care team members. The department may sanction a member 17
of an out-of-state physician's multidisciplinary care team who provides health care 18
services through telehealth under AS 08.02.130 if the department finds after a hearing 19
that the member 20
(1) secured a license through deceit, fraud, or intentional 21
misrepresentation; 22
(2) engaged in deceit, fraud, or intentional misrepresentation while 23
providing professional services or engaging in professional activities; 24
(3) advertised professional services in a false or misleading manner; 25
(4) has been convicted, including conviction based on a guilty plea or 26
plea of nolo contendere, of 27
(A) a class A or unclassified felony or a crime in another 28
jurisdiction with elements similar to a class A or unclassified felony in this 29
jurisdiction; 30
(B) a class B or class C felony or a crime in another jurisdiction 31
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with elements similar to a class B or class C felony in this jurisdiction if the 1
felony or other crime is substantially related to the qualifications, functions, or 2
duties of the member; or 3
(C) a crime involving the unlawful procurement, sale, 4
prescription, or dispensing of drugs; 5
(5) has procured, sold, prescribed, or dispensed drugs in violation of a 6
law regardless of whether there has been a criminal action or harm to the patient; 7
(6) intentionally or negligently permitted the performance of patient 8
care by persons under the member's supervision that does not conform to minimum 9
professional standards even if the patient was not injured; 10
(7) failed to comply with AS 08.02.130 - 08.02.140, a regulation 11
adopted under AS 08.02.130 - 08.02.140, or an order of the department; 12
(8) has demonstrated 13
(A) professional incompetence, gross negligence, or repeated 14
negligent conduct; the department may not base a finding of professional 15
incompetence solely on the basis that a member's practice is unconventional or 16
experimental in the absence of demonstrable physical harm to a patient; 17
(B) addiction to, severe dependency on, or habitual overuse of 18
alcohol or other drugs that impairs the member's ability to practice safely; 19
(C) unfitness because of physical or mental disability; 20
(9) engaged in unprofessional conduct, in sexual misconduct, or in 21
lewd or immoral conduct in connection with the delivery of professional services to 22
patients; in this paragraph, "sexual misconduct" includes sexual contact, or attempted 23
sexual contact, with a patient outside the scope of generally accepted methods of 24
examination or treatment of the patient, regardless of the patient's consent or lack of 25
consent, during the term of the health care provider-patient relationship, unless the 26
patient was the member's spouse at the time of the contact or, immediately preceding 27
the health care provider-patient relationship, was in a dating, courtship, or engagement 28
relationship with the member; 29
(10) has violated any code of ethics adopted by the department; 30
(11) has denied care or treatment to a patient or person seeki
ng 31
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assistance from the member if the only reason for the denial is the failure or refusal of 1
the patient to agree to arbitrate as provided in AS 09.55.535(a); 2
(12) has had a license or certificate to practice health care in another 3
state or territory of the United States, or a province or territory of Canada, denied, 4
suspended, revoked, surrendered while under investigation for an alleged violation, 5
restricted, limited, conditioned, or placed on probation unless the denial, suspension, 6
revocation, or other action was caused by the failure of the member to pay fees to that 7
state, territory, or province; 8
(13) exceeded the scope of the member's privilege to practice in this 9
state under AS 08.02.130; or 10
(14) prescribed, dispensed, or administered through telehealth to a 11
patient located in the state a controlled substance listed in AS 11.71.140 - 11.71.190. 12
Sec. 08.02.140. Disciplinary sanctions for an out-of-state multidisciplinary 13
care team member. (a) If the department finds grounds to sanction a member of an 14
out-of-state physician's multidisciplinary care team under AS 08.02.135, the 15
department may 16
(1) permanently prohibit the member from practicing in the state; 17
(2) prohibit the member from practicing in the state for a determinate 18
period; 19
(3) censure the member; 20
(4) issue a letter of reprimand to the member; 21
(5) place the member on probationary status under (c) of this section; 22
(6) limit or impose conditions on the member's privilege to practice in 23
the state; 24
(7) impose a civil penalty of not more than $25,000; 25
(8) issue a cease and desist order prohibiting the member from 26
providing health care services through telehealth under AS 08.02.130; an order issued 27
under this paragraph remains in effect until the member submits evidence acceptable 28
to the department showing that the violation has been corrected; 29
(9) promptly notify the licensing authority in each state in which the 30
member is licensed of a sanction imposed under this subsection. 31
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(b) In a case finding grounds for sanction under AS 08.02.135(12), the final 1
findings of fact, conclusions of law, and order of the authority that suspended or 2
revoked a license or certificate constitute a prima facie case that the license or 3
certificate was suspended or revoked and the grounds under which the suspension or 4
revocation was granted. 5
(c) The department may place a member on probation under this section until 6
the department finds that the deficiencies that required the imposition of a sanction 7
have been remedied. The department may require a member on probation to 8
(1) report regularly to the department on matters involving the reason 9
for which the member was placed on probation; 10
(2) limit the member's practice in the state to those areas prescribed by 11
the department; 12
(3) participate in professional education until the department 13
determines that a satisfactory degree of skill has been attained in areas identified by 14
the department as needing improvement. 15
(d) The department may summarily prohibit a member from practicing in the 16
state under AS 08.02.130 if the department finds that the member, by continuing to 17
practice, poses a clear and immediate danger to public health and safety. A member 18
prohibited from practicing under this subsection is entitled to a hearing conducted by 19
the office of administrative hearings (AS 44.64.010) not later than seven days after the 20
effective date of the order prohibiting the member from practicing. The department 21
may lift an order prohibiting a member from practicing if the department finds after a 22
hearing that the member is able to practice with reasonable skill and safety. The 23
member may appeal a decision of the department under this subsection to the superior 24
court. 25
(e) The department shall take measures to recover from a member the cost of 26
proceedings resulting in a sanction under (a) of this section, including the costs of 27
investigation by the department and hearing costs. 28
(f) The department may prohibit a member from practicing in the state upon 29
receiving a certified copy of evidence that a license or certificate to practice within the 30
member's scope of practice in another state or territory of the United States, or a 31
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province or territory of Canada, has been suspended or revoked. The prohibition 1
remains in effect until a hearing can be held by the department. 2
(g) The department shall be consistent in the application of disciplinary 3
sanctions. A significant departure from earlier decisions of the department involving 4
similar situations must be explained in findings of fact or orders made by the 5
department. 6
* Sec. 5. AS 44.33.381(b) is amended to read: 7
(b) The department shall maintain the registry of businesses performing 8
telemedicine services in the state. The registry must include the name, address, and 9
contact information of businesses performing telemedicine services in the state. The 10
department may renew every two years the registration of a business that meets 11
all renewal requirements established by regulation and pays a renewal fee every 12
two years. 13
* Sec. 6. AS 44.33.381 is amended by adding a new subsection to read: 14
(d) The department shall charge the following fees for businesses performing 15
telemedicine services in the state: 16
(1) initial registration fee, $100, adjusted for inflation in a manner 17
determined by the department; 18
(2) renewal fee, $100, adjusted for inflation in a manner determined by 19
the department; 20
(3) fee to report changes in the business's registration information, $50. 21