Alaska Statutes 08.64.333 – Disciplinary sanctions: physician licensed in another state

(a) The board may sanction a physician licensed in another state who provides health care services through telehealth under Alaska Stat. § 08.01.085(b) if the board finds after a hearing that

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Terms Used In Alaska Statutes 08.64.333

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060

(1) one or more of the grounds listed in Alaska Stat. § 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 Alaska Stat. § 08.01.085; or

(3) the physician prescribed, dispensed, or administered through telehealth to a patient located in the state a controlled substance listed in Alaska Stat. § 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 Alaska Stat. § 08.01.085(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 Alaska Stat. § 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 Alaska Stat. § 08.01.085(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 (Alaska Stat. § 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.

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