Brief Description: The Board of Nursing proposes to make permanent regulation changes made by emergency regulation regarding standards of practice for telehealth.On May 6, 2020, the Board of Nursing (Board) adopted, as an emergency regulation, changes in 12 AAC 44 of the Alaska Administrative Code dealing with standards of practice for telehealth, including the following:
- 12 AAC 44.770. Unprofessional conduct, is proposed to amend the regulations related to unprofessional conduct paragraph (36) by adding, “… this paragraph does not apply to … an advanced practice registered nurse (APRN) practicing telehealth under 12 AAC 44.925”.
- 12 AAC 44.925. Standards of practice for telehealth, is a proposed new section that establishes guidelines for APRN practicing telehealth; and to adopt by reference the guiding principles for telehealth practice in the American Telemedicine Association (ATA), Core Operational Guidelines for Telehealth Services Involving Provider-Patient Interaction and the American Psychiatric Association and the ATA, Best Practices in Videoconferencing-Based Telemental Health, as the standards of practice when providing treatment, rendering a diagnosis, prescribing, dispensing, or administering a prescription or controlled substance without first conducting an in-person physical examination.
- 12 AAC 44.990. Definitions, is proposed to add a definition for “telehealth”.
The emergency regulation took effect on May 7, 2020 and will expire September 3, 2020. The Board intends to make the emergency regulation permanent.
You may comment on the regulation changes, including the potential costs to private persons of complying with the 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/198144, and using the comment link. The comments must be received not later than 4:30 p.m. on June 15, 2020. 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/BoardofNursing.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 June 8, 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/NUR-Telehealth-EmergencyRegs-0520.pdf.
A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx, or go to https://www.commerce.alaska.gov/web/portals/5/pub/NUR-Telehealth-AdoptedByReference.pdf.
The language of the permanent regulations may be different from that of the original emergency regulation and may include other provisions dealing with the same subject. 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 08.68.100; AS 08.68.275; AS 08.68.805
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.68.100; AS 08.68.275; AS 08.68.805
Fiscal Information: The regulations are not expected to require an increased appropriation.
DATE: 5/8/2020
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: Board of Nursing – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Standards of practice for telehealth.
3. Citation of regulation: 12 AAC 44.770, 12 AAC 44.925, and 12 AAC 44.990.4. Department of Law file number: 2020200361.
5. Reason for the proposed action: Emergency 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 2020 or in subsequent years.
9. The name of the contact person for the regulation:
Marianne Murray, Executive Administrator
Alaska Board of Nursing
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 269-8160
E-mail: marianne.murray@alaska.gov
10. The origin of the emergency regulation action: Board of Nursing.
11. Date: 5/8/2020
Prepared by: Jun Maiquis
Regulations Specialist