12 AAC 40.967 - Unprofessional conduct
For purposes of AS 08.64.240(b) and AS 08.64.326, "unprofessional conduct" means an act or omission by an applicant or licensee that does not conform to the generally accepted standards of practice for the profession for which the applicant seeks licensure or a permit under AS 08.64 or which the licensee is authorized to practice under AS 08.64. "Unprofessional conduct" includes the following:
(1) submitting or causing
the submission of testimony, a statement, or a document for consideration by
the board knowing it contained false, misleading, or omitted material
information or was fraudulently obtained; for purposes of this paragraph,
"document" includes an affidavit, certificate, transcript, diploma, board
certification information, reference letters, or translation of a foreign
language document;
(2)
misrepresenting, concealing, or failing to disclose material information to
(A) obtain a license or permit under AS
08.64; or
(B) renew a license under
AS 08.64;
(3) purchase,
sale, barter, or alteration of a license or permit issued under AS
08.64;
(4) the use of a license or
permit obtained as described in (3) of this section;
(5) committing, or attempting to commit,
fraud or deception, or attempting to subvert the process relating to an
examination required under AS 08.64;
(6) practicing a profession licensed under AS
08.64 without a required license or permit or with a lapsed, expired, retired,
or inactive license or permit;
(7)
permitting or employing an unlicensed person to practice a profession licensed
under AS 08.64
(A) without the required
license or permit under AS 08.64; or
(B) while the person's license or permit was
revoked, suspended, surrendered, or canceled in this state;
(8) delegating professional
practice responsibilities that require a license or permit under AS 08.64 to a
person who does not possess the appropriate education, training, or licensure
to perform the responsibilities;
(9) failing to prepare and maintain accurate,
complete, and legible records in accordance with generally accepted standards
of practice for each patient and to make those records available to the board
and the board's representatives for inspection for investigation
purposes;
(10) falsifying,
intentionally making an incorrect entry, destroying, or failing to maintain
patient or facility medical records for at least seven years from the date of
the last entry;
(11) failing to
provide copies of complete patient records in the licensee's custody and
control within 30 days after receipt of a written request from the patient or
the patient's guardian;
(12)
intentionally or negligently releasing or disclosing confidential patient
information; this paragraph does not apply to disclosures required under state
or federal law or when disclosure is necessary to prevent an imminent risk of
harm to the patient or others;
(13)
offering, giving, soliciting, or receiving fees or other benefits, in whole or
in part, to a person for bringing in or referring a patient;
(14) harassing, disruptive, or abusive
behavior by a licensee directed at staff or a patient, a patient's relative, or
a patient's guardian;
(15)
disruptive behavior by a licensee at the workplace that interferes with the
provision of patient care;
(16)
discriminating on the basis of the patient's race, religion, color, national
origin, ancestry, or sex in the provision of professional services;
(17) conviction of a felony or a crime
involving moral turpitude; under this paragraph, a "crime involving moral
turpitude" includes the following:
(A)
homicide;
(B)
manslaughter;
(C)
assault;
(D) stalking;
(E) kidnapping;
(F) sexual assault;
(G) sexual abuse of a minor;
(H) unlawful exploitation of a minor,
including possession or distribution of child pornography;
(I) indecent exposure;
(J) unlawful distribution or possession for
distribution of a controlled substance; for purposes of this subparagraph,
"controlled substance" has the meaning given in
AS
11.71.900;
(18) using alcohol or other drugs
(A) to the extent that the use interferes
with professional practice functions of the licensee or endangers the safety of
patients; or
(B) that is illegal
under state or federal law;
(19) failing
(A) to comply with
AS
08.64.336; or
(B) to report to the board or the board's
representatives facts known to the licensee regarding incompetent or repeated
negligent conduct, gross negligence, unprofessional conduct, sexual misconduct,
or other illegal conduct by another licensee under
AS
08.64.326;
(20) failing to report to the board or the
board's representatives that the licensee's hospital privileges have been
denied, revoked, suspended, or limited by a hospital or other health care
facility for disciplinary reasons by the physician in charge; this paragraph
does not apply to a temporary suspension pending completion of medical records
by the governing body of the hospital or other health care facility;
(21) facilitating the practice of a
profession licensed under AS 08.64 by a person who is not licensed,
incompetent, or mentally, emotionally, or physically unable to practice
safely;
(22) failing to fulfill the
responsibility and duties of a collaborating physician in any collaborative
relationship entered into under AS 08.64 with a physician assistant;
(23) violating provisions of any disciplinary
sanction issued under AS 08.64;
(24) failing to cooperate with an official
investigation by the board or the board's representatives, including failing to
timely provide requested information;
(25) failing to allow the board or the
board's representative, upon written request, to examine and have access to
records maintained by the licensee that relate to the licensee's practice under
AS 08.64;
(26) failing to report to
the board, no later than 30 days after
(A)
the effective date of the action, any criminal charges by a law enforcement
agency, or any disciplinary action against the licensee taken by another
licensing jurisdiction, health care entity, or regulatory agency;
(B) the date of conviction, any conviction of
a crime referred to in
AS
08.64.326(a)(4);
(27) providing treatment,
rendering a diagnosis, or prescribing medications based solely on a
patient-supplied history that a physician licensed in this state received by
telephone, facsimile, or electronic format;
(28) after performing surgery, failing to
continue care of a surgical patient of the licensee through a post-surgical
recovery and healing period, either by providing the care directly, delegating
the care to one or more individuals who have the appropriate education,
training, and licensure or certification to provide definitive care, or
coordinating with another qualified physician or other medical professional who
agrees to assume responsibility for managing the patient's post-surgical
care;
(29) for a physician or
physician assistant, prescribing, dispensing, or furnishing a prescription
medication without first conducting a physical examination of the person,
unless the licensee has a patient-physician or patient-physicain assistant
relationship with the person; this paragraph does not apply to prescriptions
written or medications issued
(A) for use in
emergency treatment;
(B) for
expedited partner therapy for sexually transmitted diseases; or
(C) in response to an infectious disease
investigation, public health emergency, infectious disease outbreak, or act of
bioterrorism; or
(D) by a
physician or physician assistant practicing telemedicine under
AS
08.64.364:
(30) failing to notify the board of the
location of patient records within 30 days after a licensee has retired or
closed a practice;
(31) knowingly
delegating a function, task, or responsibility to another person if the
delegation would be reasonably likely to pose a substantial risk of harm to a
patient;
(32) permitting patient
care that includes administering a botulinum toxin or dermal filler,
autotransplanting biological materials, or treating with chemical peels below
the dermal layer, or hot lasers, by a person who is not an appropriate health
care provider trained and licensed under AS 08 to perform the
treatment;
(33) failure of a
licensee who has a federal Drug Enforcement Administration (DEA) registration
number to register with the controlled substance prescription database under
AS
17.30.200;
(34) failure of a licensee or licensee's
designee to review the controlled substance prescription database under
AS
17.30.200, when prescribing, dispensing, or
administering a controlled substance designated schedule II or III under
federal law to a patient;
(35) any
conduct described in (1) - (34) of this section that occurred in another
licensing jurisdiction and is related to the applicant's or licensee's
qualifications to practice.
Notes
Authority:AS 08.01.070
AS 08.64.100
AS 08.64.101
AS 08.64.326
AS 08.64.364
AS 08.64.380
AS 17.30.200
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