Brief Description:  The State Medical Board proposes to update various regulations relating to training requirements for podiatrist applicants, add board discretion to delegate authority, checklists used for review of applications, exemptions, board meetings, code of ethics, and to establish standards for delegation of routine medical duties to assistive personnel.

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

1. 12 AAC 40.023. Training requirements for podiatry applicant, is proposed to be changed to amend the application requirements for a license to practice podiatry.

2. 12 AAC 40.035. Temporary permit application requirements, is proposed to be changed to add board discretion to delegate authority to the executive secretary or a person designated by the board to issue a temporary physician permit.

3. 12 AAC 40.036. Locum tenens permit application requirements, is proposed to be changed to add board discretion to delegate authority to the executive secretary or a person designated by the board to issue a locum tenens permit.

4. 12 AAC 40.038. Residency permit, is proposed to be changed to add board discretion to delegate authority to the executive secretary or a person designated by the board to issue a residency permit.

5. 12 AAC 40.045. Courtesy license, is proposed to be changed to add board discretion to delegate authority to the executive secretary or a member of the board to issue a courtesy license.

6. 12 AAC 40.058. Review of applications, is proposed to be changed to amend the provisions related to review of applications, and to adopt by reference the updated checklists used for review of applications by a board member, the executive secretary, or a person designated by the board to issue licenses or permits to applicants meeting certain requirements.

7. 12 AAC 40.355. Temporary permits, is proposed to be changed to add board discretion to delegate authority to the executive secretary or a person designated by the board to issue a temporary mobile intensive care paramedic permit.

8. 12 AAC 40.405, Temporary license, is proposed to be changed to add board discretion to delegate authority to the executive secretary or a person designated by the board to issue a temporary physician assistant license.

9. 12 AAC 40.480. Exemptions, is proposed to be changed to amend the provisions related to exemptions for medical office employees.

10. 12 AAC 40.905. Meetings, is a proposed new section that establishes criteria for board meetings.

11. 12 AAC 40.910. Delegation of authority to the board’s designee, is proposed to be changed to add board discretion to delegate authority to another employee of the division to issue temporary permits to applicants who meets certain requirements.

12. 12 AAC 40.920. Standards for delegation of routine duties, is a proposed new section that establishes standards and conditions under which a licensed physician, osteopath, podiatrist, or physician assistant may delegate the performance of routine medical duties to their assistive personnel.

13. 12 AAC 40.955. Ethical standards, is proposed to be changed to reflect the current version of the code of ethics that the board adopts by reference for licensed physicians, osteopaths, podiatrists, physician assistants, and mobile intensive care paramedics.

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/193919, and using the comment link. The comments must be received not later than 4:30 p.m. on May 22, 2019. 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 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than May 15, 2019 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 RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/Portals/5/pub/MED-0419.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 08.64.010; AS 08.64.070; AS 08.64.075; AS 08.64.085; AS 08.64.090; AS 08.64.100; AS 08.64.101; AS 08.64.106; AS 08.64.107; AS 08.64.170; AS 08.64.180; AS 08.64.190; AS 08.64.200; AS 08.64.205; AS 08.64.209; AS 08.64.240; AS 08.64.255; AS 08.64.270; AS 08.64.272; AS 08.64.275; AS 08.64.279; AS 08.64.326; AS 08.64.336; AS 08.64.380
Statutes Being Implemented, Interpreted, or Made Specific:  AS 08.01.062; AS 08.01.070; AS 08.64.010; AS 08.64.070; AS 08.64.075; AS 08.64.085; AS 08.64.090; AS 08.64.100; AS 08.64.101; AS 08.64.106; AS 08.64.107; AS 08.64.170; AS 08.64.180; AS 08.64.190; AS 08.64.200; AS 08.64.205; AS 08.64.209; AS 08.64.240; AS 08.64.255; AS 08.64.270; AS 08.64.272; AS 08.64.275; AS 08.64.279; AS 08.64.326; AS 08.64.336; AS 08.64.380

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

DATE: 4/19/19
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:  Training requirements for podiatry applicant, board discretion to delegate authority to staff or a person designated by the board to issue licenses or temporary permits to applicant meeting certain requirements, checklists, board meetings, and standards for delegation of routine duties.

3.   Citation of regulation:  12 AAC 40.023 – 12 AAC 40.955.

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

5.   Reason for the proposed action:  Compliance with new state statute (Chapter 45 SLA 2018 – HB 280); 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 2019 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: 4/19/19
Prepared by: Jun Maiquis
                     Regulations Specialist
                     (907) 465-2537