Sec. 08.29.400. Grounds for denial of license or for disciplinary sanctions.

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(a)[See delayed amendment note.] The board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter or deny a license to a person when the board finds that the person

(1)has an addiction to, or severe dependency on, alcohol or other drugs that impairs the person's ability to engage safely in the practice of professional counseling;

(2)has been convicted of a felony and has not been sufficiently rehabilitated to merit the public trust;

(3)used fraud, deception, misrepresentation, or bribery in securing a license under this chapter or in obtaining permission to take an examination required under this chapter;

(4)is incompetent or has committed misconduct, fraud, misrepresentation, or dishonesty in the performance of the functions of a licensed professional counselor;

(5)violated, or assisted another individual to violate, a provision of this chapter or a regulation adopted under this chapter;

(6)impersonated a person who holds a license under this chapter;

(7)has had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction revoked, suspended, limited, or surrendered in lieu of discipline upon grounds for which a license issued under this chapter could be revoked, suspended, limited, or surrendered in lieu of discipline; this paragraph does not apply to license actions for failure to pay a renewal fee;

(8)assisted another person who is not licensed under this chapter in an attempt to represent the person to the public as a licensed professional counselor;

(9)was issued a license based on a material mistake of fact;

(10)used an advertisement or solicitation that is false, misleading, or deceptive to the general public or the person to whom the advertisement was primarily directed; or

(11)failed to respond within 30 days to a written communication from the board concerning an investigation by the board or failed to make available to the board a relevant record with respect to an investigation about the licensee's conduct or background.

(b)The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if

(1)the licensee or another licensed health care provider is available to provide follow-up care;

(2)the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person's primary care provider and, if the person consents, the licensee sends the records to the person's primary care provider; and

(3)the licensee meets the requirements established by the board in regulation.

(c)The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under

(b)of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.