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- Alaska Statutes.
- Title 8. Business and Professions
- Chapter 64. Medicine
- Section 326. Grounds For Imposition of Disciplinary Sanctions.
previous: Section 325
. Limits or Conditions On License; Discipline. [Repealed, Sec. 19 Ch 48 SLA 1983].
next: Section 330
. Grounds For Revocation of License. [Repealed, Sec. 19 Ch 48 SLA 1983].
AS 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
- (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
- (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
- (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.
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