Sec. 08.86.204. Grounds for imposition of disciplinary sanctions.

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(a)After a hearing, the board may impose a disciplinary sanction on a person licensed under this chapter when the board finds that the licensee

(1)secured a license through deceit, fraud, or intentional misrepresentation;

(2)engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

(3)advertised professional services in a false or misleading manner;

(4)has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely;

(5)intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;

(6)failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;

(7)continued to practice after becoming unfit due to

(A)professional incompetence;

(B)failure to keep informed of current professional practices;

(C)addiction or severe dependency on alcohol or other drugs which impairs the ability to practice safely;

(D)physical or mental disability or a combination of physical and mental disabilities;

(8)engaged in sexual misconduct with a patient during the course of therapy, either within or outside the treatment setting, or within two years after therapy or counseling with the patient has terminated; in this paragraph, “sexual misconduct” includes sexual contact, as defined in regulations adopted under this chapter, or attempted sexual contact, regardless of the patient's or former patient's consent or lack of consent.

(b)The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.86.075 . A person whose license is suspended under this subsection is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) within seven days after the effective date of the order. If, after the hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.

(c)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.

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

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