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NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA STATE MEDICAL BOARD

Brief Description: The State Medical Board proposes to change regulations relating to the practice of physician assistants. 

The State Medical Board (Board) proposes to adopt regulation changes in Title 12, Chapter 40 of the Alaska Administrative Code dealing with physician assistant licensure, professional identification, and practice under a valid practice agreement, including the following:

  1. 12 AAC 40.400. Physician assistant license, is proposed to amend the requirements for physician assistant licensure; eliminate redundancy and help with streamlining and expediting the licensing process for physician assistants.
  2. 12 AAC 40.405, Temporary license, is proposed to amend the application process; eliminate redundancy, change the language from license to permit, and help with streamlining and expediting the licensing process for physician assistants.
  3. 12 AAC 40.410. Collaborative relationship and practice agreement, is proposed to amend the section heading title from “collaborative relationship and plan” to “collaborative relationship and practice agreement”; and to update the requirements related to the standard that a physician and physician assistant must enter into a written practice agreement for the physician assistant to practice in the state.
  4. 12 AAC 40.415. Remote practice location, is proposed to amend the requirements to qualify and practice in a remote setting by a physician assistant; also provides a new definition for “remote practice location”.
  5. 12 AAC 40.430. Performance and assessment of practice, is proposed to simplify and streamline the frequency and duration of direct contacts and to support autonomy at the practice level for the assessment of practice between a physician assistant and a collaborating physician.
  6. 12 AAC 40.445. Graduate physician assistant license, is proposed to add a requirement for physicians supervising/mentoring a graduate physician assistant to be both licensed and in good standing in the state.
  7. 12 AAC 40.450. Authority to prescribe, order, administer, and dispense medications, is proposed to amend the provisions relating to physician assistant’s authority to prescribe with a valid DEA registration.
  8. 12 AAC 40.460. Identification, is proposed to update and eliminate outdated identification requirements for physician assistants.
  9. 12 AAC 40.470. Renewal of a physician assistant license, is proposed to amend requirements and streamline the application process for renewal of a physician assistant license.
  10. 12 AAC 40.475. Lapsed physician assistant license, is proposed to amend and streamline the application process requirements for physician assistant applying for license reinstatement.
  11. 12 AAC 40.490. Grounds for suspension, revocation, or denial of license, is proposed to remove redundancy and amend the term “collaborative plan” to “practice agreement” to conform with the changes made under 12 AAC 40.410.

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 Stefanie Davis, 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/212369, and using the comment link. The comments must be received not later than 4:30 p.m. on October 3, 2023. Comments received after this deadline will not be considered by the Board.

You may provide oral comments relevant to the proposed regulations, including the potential costs to private persons of complying with the proposed changes, at a hearing to be held online via Zoom on September 18, 2023. The hearing will begin at 8:30 A.M and will end when those who have signed up before 8:30 A.M. to give oral testimony have had the opportunity to comment. There will not be in-person attendance provided in connection with this hearing, so please prepare to share your oral comments through online attendance via Zoom or by calling the Zoom meeting phone number provided below. Before the start of the hearing, the chair of the Board may limit the time allotted for each person providing oral testimony as reasonably necessary to conclude the hearing in the time provided.

To register to participate in the Zoom hearing: https://us02web.zoom.us/meeting/register/tZ0vdO6qrDwuHdH_UdXew7ktkuomTDKKj79n

Access information for the Zoom hearing:
Phone number: (253) 215-8782. Meeting ID:  892 3722 7475.  Passcode:  012738

You may submit written questions relevant to the proposed action to Stefanie Davis, 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.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than September 11, 2023 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Stefanie Davis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or at https://www.commerce.alaska.gov/web/portals/5/pub/MED-0423.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.

Statutory Authority: AS 08.01.100; AS 08.64.100; AS 08.64.101; AS 08.64.107
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.100; AS 08.64.100; AS 08.64.101; AS 08.64.107; AS 08.64.240; AS 08.64.313; AS 08.64.315; AS 17.30.200
Fiscal Information: The proposed regulation changes are 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 this 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.

Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

DATE: 8/30/2023
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

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 assistant license, temporary license, collaborative relationship and practice agreement, remote practice location, performance and assessment of practice, graduate physician assistant license, authority to prescribe, order, administer, and dispense medications, identification, renewal of a physician assistant license, lapsed physician assistant license, and grounds for suspension, revocation, or denial of license.

3.   Citation of regulation: 12 AAC 40.400 through 12 AAC 40.490.

4.   Department of Law file number: 2023200164

5.   Reason for the proposed action: Update and clarification of current 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 2024 or in subsequent years.

9.   The name of the contact person for the regulation:
Natalie Norberg, Executive Administrator
State Medical Board
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
E-mail: natalie.norberg@alaska.gov

10.   The origin of the proposed action: Staff of state agency

11.   Date: 8/30/2023
        Prepared by: Stefanie Davis
                             Regulations Specialist

Attachments, History, Details

Revision History

Created 8/28/2023 2:55:55 PM by sldavis
Modified 8/29/2023 11:36:18 AM by sldavis

Details

Department: Commerce, Community, and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #: 2023200164
 
Publish Date: 8/30/2023
Archive Date: 10/4/2023
 
Events/Deadlines:
  • Public Comment Deadline
    10/3/2023 4:30pm