Sec. 08.02.140. Disciplinary sanctions for an out-of-state multidisciplinary care team member.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the department finds grounds to sanction a member of an out-of-state physician's multidisciplinary care team under AS 08.02.135 , the department may

(1)permanently prohibit the member from practicing in the state;

(2)prohibit the member from practicing in the state for a determinate period;

(3)censure the member;

(4)issue a letter of reprimand to the member;

(5)place the member on probationary status under

(c)of this section;

(6)limit or impose conditions on the member's privilege to practice in the state;

(7)impose a civil penalty of not more than $25,000;

(8)issue a cease and desist order prohibiting the member from providing health care services through telehealth under AS 08.02.130 ; an order issued under this paragraph remains in effect until the member submits evidence acceptable to the department showing that the violation has been corrected;

(9)promptly notify the licensing authority in each state in which the member is licensed of a sanction imposed under this subsection.

(b)In a case finding grounds for sanction under AS 08.02.135 (12), the final findings of fact, conclusions of law, and order of the authority that suspended or revoked a license or certificate constitute a prima facie case that the license or certificate was suspended or revoked and the grounds under which the suspension or revocation was granted.

(c)The department may place a member on probation under this section until the department finds that the deficiencies that required the imposition of a sanction have been remedied. The department may require a member on probation to

(1)report regularly to the department on matters involving the reason for which the member was placed on probation;

(2)limit the member's practice in the state to those areas prescribed by the department;

(3)participate in professional education until the department determines that a satisfactory degree of skill has been attained in areas identified by the department as needing improvement.

(d)The department may summarily prohibit a member from practicing in the state under AS 08.02.130 if the department finds that the member, by continuing to practice, poses a clear and immediate danger to public health and safety. A member prohibited from practicing under this subsection is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) not later than seven days after the effective date of the order prohibiting the member from practicing. The department may lift an order prohibiting a member from practicing if the department finds after a hearing that the member is able to practice with reasonable skill and safety. The member may appeal a decision of the department under this subsection to the superior court.

(e)The department shall take measures to recover from a member the cost of proceedings resulting in a sanction under

(a)of this section, including the costs of investigation by the department and hearing costs.

(f)The department may prohibit a member from practicing in the state upon receiving a certified copy of evidence that a license or certificate to practice within the member's scope of practice in another state or territory of the United States, or a province or territory of Canada, has been suspended or revoked. The prohibition remains in effect until a hearing can be held by the department.

(g)The department shall be consistent in the application of disciplinary sanctions. A significant departure from earlier decisions of the department involving similar situations must be explained in findings of fact or orders made by the department.

Article 4 General Provisions