BRIEF DESCRIPTION: The State Medical Board adopted emergency regulations regarding telemedicine.

On May 7, 2020, the State Medical Board adopted, as emergency regulations, changes in 12 AAC 40 of
the Alaska Administrative Code dealing with telemedicine, including the following:

The emergency regulation took effect May 5, 2020, and will expire September 1, 2020 unless made permanent. The State Medical Board intends to make the emergency regulations permanent.

This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF ADOPTION OF EMERGENCY REGULATION OF THE STATE MEDICAL BOARD that was issued May 10, 2020. This SUPPLEMENTAL NOTICE is being issued because the State Medical Board, during its May 7, 2020 teleconference meeting, made amendments to its initial regulations addressed in the May 10, 2020 NOTICE OF ADOPTION OF EMERGENCY REGULATION: regulations that the board initially adopted at the board’s April 30, 2020 meeting, that the lieutenant governor’s office filed on May 5, 2020; and that the May 10, 2020 NOTICE OF ADOPTION stated were not going to be made permanent. The State Medical Board is issuing this SUPPLEMENTAL NOTICE to announce the adoption of all the amendments to 12 AAC 40.943, those made at the board’s April 30, 2020 meeting and those made at the May 7, 2020 meeting, to announce that the board intends to make all of the regulations permanent, and to open a written comment period regarding the amended regulation changes.

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 Sher Zinn, 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/198186, and using the comment link. The comments must be received not later than 4:30 p.m. on June 16, 2020. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Sher Zinn, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@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 Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, no later than June 9, 2020, to ensure that any necessary accommodation can be provided.

A copy of the emergency regulation is available on the Alaska Online Public Notice System and by contacting Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/MEDEmergencyRegsFiled.pdf.

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 regulations may be different from that of the proposed regulations. 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 08.64.101; AS 08.64.364

Statutes being implemented, interpreted, or made specific: AS 08.64.100; AS 08.64.101; AS 08.64.364

Fiscal information:  The regulation is not expected to require an increased appropriation.

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.