Section 08.95.050. Disciplinary sanctions.

   (a) The board may impose a disciplinary sanction under AS 08.01.075 if it finds that a 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 in the course of professional activities;
        (3) advertised professional services in a false or misleading manner;
        (4) violated this chapter, a regulation adopted under this chapter, or an order issued by the board;
        (5) is the subject of a disciplinary sanction or other adverse licensing action in another jurisdiction relating to a social work license;
        (6) failed to report to the board that the licensee is or was the subject of a disciplinary proceeding or other adverse licensing action in another jurisdiction relating to a social work license;
        (7) has been convicted of a felony or has been convicted of a misdemeanor that reflects on the licensee's ability to practice competently and professionally;
        (8) intentionally or negligently engaged in, or permitted persons under the licensee's supervision to engage in, client care that did not conform to minimum professional standards or to the standards of practice adopted by the board regardless of whether actual injury to the client occurred;
        (9) continued to practice after becoming unfit due to
             (A) professional incompetence;
             (B) failure to keep informed of current professional practices;
             (C) addiction to or severe dependency on alcohol or other drugs that impairs the ability to practice safely; or
             (D) physical or mental disability;
        (10) engaged in lewd, immoral, or unethical conduct in connection with the delivery of professional services to clients; or
        (11) while licensed to practice clinical social work, engaged in sexual contact with a person during the time period that the person was a client or within two years after termination of the licensee's professional relationship with the client.
   (b) 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.
   (c) The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.

Notes

Recent Bills that will modify this

SB 74 MEDICAID REFORM;TELEMEDICINE;DRUG DATABAS
SB 98 PRESCRIPTION WITHOUT PHYS. EXAM.

Implemented As

12 AAC 18.990

History

(Sec. 9 ch 118 SLA 1998; am Sec. 15 ch 25 SLA 2016)