Sec. 08.64.333. Disciplinary sanctions: physician licensed in another state.

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

(a)The board may sanction a physician licensed in another state who provides health care services through telehealth under AS 08.02.130

(b)if the board finds after a hearing that

(1)one or more of the grounds listed in AS 08.64.326 (a)(1) —

(13)exist with respect to that physician;

(2)the physician exceeded the scope of the physician's privilege to practice in this state under AS 08.02.130 ; or

(3)the physician prescribed, dispensed, or administered through telehealth to a patient located in the state a controlled substance listed in AS 11.71.140 — 11.71.190.

(b)If the board finds grounds to sanction a physician under

(a)of this section, the board may

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

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

(3)censure the physician;

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

(5)place the physician on probationary status under

(d)of this section;

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

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

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

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

(c)In a case finding grounds for sanction under AS 08.64.326 (a)(13), 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.

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

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

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

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

(e)The board may summarily prohibit a physician from practicing in the state under AS 08.02.130

(b)if the board finds that the physician, by continuing to practice, poses a clear and immediate danger to public health and safety. A physician 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 physician from practicing. The board may lift an order prohibiting a physician from practicing if the board finds after a hearing that the physician is able to practice with reasonable skill and safety. The physician may appeal a decision of the board under this subsection to the superior court.

(f)The board shall take measures to recover from a physician the cost of proceedings resulting in a sanction under

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

(g)The board may prohibit a physician from practicing in the state upon receipt of a certified copy of evidence that a license to practice medicine in another state or territory of the United States or province or territory of Canada has been suspended or revoked. The prohibition remains in effect until a hearing can be held by the board.

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