Section 08.64.326. Grounds for imposition of disciplinary sanctions.

   (a) The board may impose a sanction if the board finds after a hearing that a licensee
        (1) secured a license through deceit, fraud, or intentional misrepresentation;
        (2) engaged in deceit, fraud, or intentional misrepresentation while providing professional services or engaging in professional activities;
        (3) advertised professional services in a false or misleading manner;
        (4) has been convicted, including conviction based on a guilty plea or plea of nolo contendere, of
             (A) a class A or unclassified felony or a crime in another jurisdiction with elements similar to a class A or unclassified felony in this jurisdiction;
             (B) a class B or class C felony or a crime in another jurisdiction with elements similar to a class B or class C felony in this jurisdiction if the felony or other crime is substantially related to the qualifications, functions, or duties of the licensee; or
             (C) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs;
        (5) has procured, sold, prescribed, or dispensed drugs in violation of a law regardless of whether there has been a criminal action;
        (6) intentionally or negligently permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards even if the patient was not injured;
        (7) failed to comply with this chapter, a regulation adopted under this chapter, or an order of the board;
        (8) has demonstrated
             (A) professional incompetence, gross negligence, or repeated negligent conduct; the board may not base a finding of professional incompetence solely on the basis that a licensee's practice is unconventional or experimental in the absence of demonstrable physical harm to a patient;
             (B) addiction to, severe dependency on, or habitual overuse of alcohol or other drugs that impairs the licensee's ability to practice safely;
             (C) unfitness because of physical or mental disability;
        (9) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral conduct in connection with the delivery of professional services to patients; in this paragraph, "sexual misconduct" includes sexual contact, as defined by the board in regulations adopted under this chapter, or attempted sexual contact with a patient outside the scope of generally accepted methods of examination or treatment of the patient, regardless of the patient's consent or lack of consent, during the term of the physician-patient relationship, as defined by the board in regulations adopted under this chapter, unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the physician-patient relationship, was in a dating, courtship, or engagement relationship with the licensee;
        (10) has violated AS 18.16.010;
        (11) has violated any code of ethics adopted by regulation by the board;
        (12) has denied care or treatment to a patient or person seeking assistance from the physician if the only reason for the denial is the failure or refusal of the patient to agree to arbitrate as provided in AS 09.55.535(a); or
        (13) has had a license or certificate to practice medicine in another state or territory of the United States, or a province or territory of Canada, denied, suspended, revoked, surrendered while under investigation for an alleged violation, restricted, limited, conditioned, or placed on probation unless the denial, suspension, revocation, or other action was caused by the failure of the licensee to pay fees to that state, territory, or province.
   (b) In a case involving (a)(13) of this section, the final findings of fact, conclusions of law and order of the authority that suspended or revoked a license or certificate constitutes a prima facie case that the license or certificate was suspended or revoked and the grounds under which the suspension or revocation was granted.

Authorities

8.64.130; 8.64.240; 8.64.331

Notes

Recent Bills that will modify this

HB 31 CONTROLLED SUBSTANCES AND WORKERS COMP
HB 344 DRUG PRESCRIPTION DATABASE
HB 352 LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS
SB 191 LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS

Implemented As

12 AAC 40.220
12 AAC 40.946
12 AAC 40.955
12 AAC 40.967
12 AAC 40.970
12 AAC 40.983
12 AAC 40.990

References

12 AAC 40.010
12 AAC 40.025
12 AAC 40.033
12 AAC 40.045
12 AAC 40.220
12 AAC 40.352
12 AAC 40.473
12 AAC 40.475
12 AAC 40.965
12 AAC 40.967
12 AAC 40.990
AS 8.64.130 .130">Sec. 08.64.130. Board records.
AS 8.64.240 .240">Sec. 08.64.240. License refused.
AS 8.64.331 .331">Sec. 08.64.331. Disciplinary sanctions.

History

(Sec. 14 ch 48 SLA 1983; am Sec. 22 ch 126 SLA 1990; am Sec. 1 ch 52 SLA 1995; am Sec. 9 ch 66 SLA 1999)