Brief Description: The State Medical Board proposes to update regulations relating to licensure requirements for foreign medical graduates, and to implement changes made in Chapter 18, SLA 2019 (Senate Bill 44) relating to telehealth practice for physician assistants.
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 40.010. Application for license by credentials, is proposed to be changed to amend the licensure by credentials requirements for foreign medical graduates.
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12 AAC 40.015. Application for license by examination, is proposed to be changed to amend the requirements for licensure by examination.
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12 AAC 40.016. Application for license by foreign medical graduates, is proposed to be changed to amend the licensure requirements for graduates of unaccredited foreign medical schools.
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12 AAC 40.021. Acceptable examination combinations, is proposed to be changed to amend the examination requirements for licensure.
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12 AAC 40.040. Recognized hospital, is proposed to be changed to amend the provisions related to accredited postgraduate training program from a recognized hospital for internship or residency training.
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12 AAC 40.940. Standards of practice for record keeping, is proposed to be changed to add telehealth practice to physician assistants.
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12 AAC 40.967. Unprofessional conduct, is proposed to be changed to amend the regulations related to unprofessional conduct by a physician or physician assistant practicing telemedicine.
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/195610, and using the comment link. The comments must be received not later than 4:30 p.m. on October 30, 2019. Written comments received after this deadline will not be considered by the Board.
Oral comments relevant to the proposed action, including the potential costs to private persons of complying with the proposed action, may also be given at a hearing to be held on November 7, 2019, at the Providence Hospital Cancer Center, 3851 Piper Street, Room 2401, Anchorage, AK. Written comments will not be accepted at the hearing. The hearing will begin at 3:30 p.m. and will end when those who have called in or signed up before 3:30 p.m. to give oral testimony have had the opportunity to comment. If you wish to give your comments via telephone, please call 1-800-315-6338 access code 63305. The chair of the Board may limit each participant’s length of oral testimony, determined by the chair before the hearing begins, to allow enough time for all those who have called in or signed up and timely registered to give testimony.
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 October 23, 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-0919.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 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 08.01.070; AS 08.64.100; AS 08.64.101; AS 08.64.107; AS 08.64.180; AS 08.64.190; AS 08.64.200; AS 08.64.205; AS 08.64.209; AS 08.64.210; AS 08.64.220; AS 08.64.225; AS 08.64.240; AS 08.64.250; AS 08.64.255; AS 08.64.326; AS 08.64.364; AS 08.64.380; AS 17.30.200
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.070; AS 08.64.100; AS 08.64.101; AS 08.64.107; AS 08.64.180; AS 08.64.190; AS 08.64.200; AS 08.64.205; AS 08.64.209; AS 08.64.210; AS 08.64.220; AS 08.64.225; AS 08.64.240; AS 08.64.250; AS 08.64.255; AS 08.64.326; AS 08.64.364; AS 08.64.380; AS 17.30.200
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 9/27/19
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: Licensure requirements for foreign medical graduates, examination requirements, postgraduate training program, unprofessional conduct, and telehealth practice for physician assistants.
3. Citation of regulation: 12 AAC 40.010, 12 AAC 40.015, 12 AAC 40.016, 12 AAC 40.021, 12 AAC 40.040, 12 AAC 40.940, and 12 AAC 40.967.
4. Department of Law file number: To be assigned.
5. Reason for the proposed action: Update and clarification of current regulations; compliance with new state statute (Chapter 18, SLA 2019 – SB 44).
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 2020 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: 9/27/19
Prepared by: Jun Maiquis
Regulations Specialist
(907) 465-2537