Notice of Proposed Changes Relating to the Practice of Medicine in the Regulations of the State Medical Board
Brief Description: The State Medical Board proposes to update various regulations relating to physician temporary permits, physician and physician assistant applications, standards of practice for record keeping, unprofessional conduct, prescribing controlled substances, and to establish standards of practice for telemedicine.
The State Medical Board (Board) proposes to adopt regulation changes in Title 12, Chapter 40 of the Alaska Administrative Code including the following:
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12 AAC 40.035. Temporary permit application requirements, is proposed to be changed to alter the temporary permit application requirements.
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12 AAC 40.036. Locum tenens permit application requirements, is proposed to be changed to allow an applicant for a locum tenens permit the option to submit credentials verification documents through the Federation Credentials Verification Service (FCVS).
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12 AAC 40.038. Residency permit, is proposed to be changed to allow an applicant for a resident permit the option to submit credentials verification documents through the Federation Credentials Verification Service (FCVS).
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12 AAC 40.045. Courtesy license, is proposed to be changed to allow an applicant for a courtesy license the option to submit credentials verification documents through the Federation Credentials Verification Service (FCVS).
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12 AAC 40.400. Physician assistant license, is proposed to be changed to allow an applicant for a physician assistant license the option to submit credentials verification documents through the Federation Credentials Verification Service (FCVS).
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12 AAC 40.445. Graduate physician assistant license, is proposed to be changed to allow an applicant for a graduate physician assistant license the option to submit credentials verification documents through the Federation Credentials Verification Service (FCVS).
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12 AAC 40.940. Standards of practice for record keeping, is proposed to be changed to implement standards for record keeping for telemedicine practice.
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12 AAC 40.943. Standards of practice for telemedicine, is a proposed new section that establishes standards of practice for telemedicine that the Board adopts by reference.
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12 AAC 40.967. Unprofessional conduct, is proposed to be changed to amend the provisions related to unprofessional conduct.
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12 AAC 40.975, Prescribing controlled substances, is proposed to be changed to amend the requirements for prescribing controlled substances.
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/185025, and using the comment link. The comments must be received not later than 5:00 p.m. on April 17, 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.gov. The 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 April 10, 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-0317.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 08.01.062; AS 08.01.070; AS 08.64.100; AS 08.64.101; AS 08.64.107; AS 08.64.180; AS 08.64.240; AS 08.64.270; AS 08.64.272; AS 08.64.275; AS 08.64.279; AS 08.64.326; AS 08.64.364; AS 08.64.380
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.062; AS 08.01.070; AS 08.64.100; AS 08.64.101; AS 08.64.107; AS 08.64.180; AS 08.64.240; AS 08.64.270; AS 08.64.272; AS 08.64.275; AS 08.64.279; AS 08.64.326; AS 08.64.364; AS 08.64.380
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 3/15/17
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: Physician temporary permits, physician and physician assistant applications, record keeping, standards of practice for telemedicine, unprofessional conduct, and prescribing controlled substances.
3. Citation of regulation: 12 AAC 40.035, 12 AAC 40.036, 12 AAC 40.038, 12 AAC 40.045, 12 AAC 40.400, 12 AAC 40.445, 12 AAC 40.940, 12 AAC 40.943, 12 AAC 40.967, and 12 AAC 40.975.
4. Department of Law file number: To be assigned.
5. Reason for the proposed action: Compliance with new state statute (SB 74); update and clarification of current regulations.
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: 3/15/17
Prepared by: Jun Maiquis
Regulations Specialist
(907) 465-2537