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Notice of proposed changes relating to abortion in the regulations of the State Medical Board

Brief Description:  The State Medical Board proposes to update regulations regarding abortion.

The State Medical Board (Board) proposes to adopt regulation changes in Title 12, Chapter 40 of the Alaska Administrative Code, dealing with abortion, including the following:

  1. 12 AAC 40.060. Termination of pregnancy, is proposed to be amended to conform to current law.

  2. 12 AAC 40.070. Informed consent, is proposed to be amended to clarify the informed consent requirements  to conform to current law.

  3. 12 AAC 40.080. Medical procedures, is proposed to be changed to amend the provisions relating to examination and record keeping before performing an abortion.

  4. 12 AAC 40.100. Consultation requirements, is proposed to be repealed.

  5. 12 AAC 40.110. Abortion procedures, is proposed to be amended to adopt by reference a national practice standard for abortion after the first trimester.

  6. 12 AAC 40.120. Standards for hospitals and facilities, is proposed to be amended to update requirements for hospitals and facilities to reflect current medical practice and technology.

  7. 12 AAC 40.130. Records, is proposed to be amended to cite the Board’s existing standards of practice for record keeping.

  8. 12 AAC 40.140. Limitation, is proposed to be changed to remove a citation to a renumbered statute.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806.  Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov.  Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/184700, and using the comment link.  The comments must be received not later than 5:00 p.m. on March 24, 2017.  Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at jun.maiquis@alaska.govThe questions must be received at least 10 days before the end of the public comment period.  The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/StateMedicalBoard.aspx.  The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or jun.maiquis@alaska.gov not later than March 17, 2017 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or jun.maiquis@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/MED-0217-Project1.pdf.

A copy of the material proposed for adoption by reference may be viewed at the Board’s office at the Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing, Atwood Building, 550 West 7th Avenue, Suite 1500, Anchorage, AK.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action.  The language of the final regulation may be different from that of the proposed regulation.  You should comment during the time allowed if your interests could be affected.  Written comments and questions received are public records and are subject to public inspection.

Statutory Authority:  AS 08.64.100; AS 08.64.105
Statutes Being Implemented, Interpreted, or Made Specific:  AS 08.64.105

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: 2/17/17
Jun Maiquis, Regulations Specialist                                                                                                          Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.


ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency:  State Medical Board – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation:  Abortion.

3.   Citation of regulation:  12 AAC 40.060, 12 AAC 40.070, 12 AAC 40.080, 12 AAC 40.100, 12 AAC 40.110, 12 AAC 40.120, 12 AAC 40.130, and 12 AAC 40.140.

4.   Department of Law file number:  To be assigned.

5.   Reason for the proposed action:  Update and clarify regulations; compliance with state statute.

6.   Appropriation/Allocation:  Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
      A private person:  None known.   
      Another state agency:  None known.
      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):  No costs are expected in FY 2017 or in subsequent years.

9.   The name of the contact person for the regulation:
      Debora Stovern, Executive Administrator
      Alaska State Medical Board
      Division of Corporations, Business and Professional Licensing
      Telephone: (907) 269-8163
      E-mail: debora.stovern@alaska.gov

10.   The origin of the proposed action:  State Medical Board.

11.   Date: 2/17/17
Prepared by: Jun Maiquis
                     Regulations Specialist


Attachments, History, Details

Revision History

Created 2/17/2017 1:36:15 PM by jcmaiquis
Modified 2/17/2017 1:40:14 PM by jcmaiquis
Modified 3/7/2017 2:55:13 PM by jcmaiquis

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 2/17/2017
Archive Date: 3/25/2017
 
Events/Deadlines:
  • Comments Deadline
    3/24/2017 5:00pm