Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 08.02.135 - Grounds for imposition of disciplinary sanctions of out-of-state multidisciplinary care team membersThe 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.Added by SLA 2024, ch. 13,sec. 4, eff. 10/16/2024.