Alaska Administrative Code
Title 12 - Professional Regulations
Part 1 - Boards and Commissions Subject to Centralized Licensing
Chapter 40 - State Medical Board
Article 6 - General Provisions
12 AAC 40.990 - Definitions
Universal Citation: 12 AK Admin Code 40.990
Current through August 30, 2024
(a) In this chapter
(1) "acceptable moral character" means having
not been convicted of a felony or any morally reprehensible crime during the
five years immediately preceding application;
(2) "board" means State Medical
Board;
(3) "certified true copy"
means a copy of a document that includes a statement of certification, signed
under penalty of unsworn falsification before a notary public, that the
document is a true copy of the original document;
(4) "collaborating physician" means a person
who is actively licensed in the state as a physician or osteopath, who enters
into a consultative relationship with a nonphysician health care provider who
undertakes the practice of medicine, medical diagnosis and treatment;
(5) "collaborative relationship" means a
consultative relationship between a physician and nonphysician health care
provider which uses their respective areas of expertise to meet the common goal
of providing comprehensive care for the patient;
(6) "department" means the Department of
Commerce, Community, and Economic Development;
(7) "flex examination" means the written
examination prepared by the Federation of State Medical Boards of the United
States, Inc.;
(8) repealed
5/5/2023;
(9) repealed
5/5/2023;
(10) "NBME examination"
means the written examination prepared by the National Board of Medical
Examiners;
(11) "pharmacological
agents" means saline, glucose, prostaglandins and pitocin;
(12) "physician" means a person licensed
under AS 08.64 to practice medicine or surgery;
(13) "physician assistant" means a person
specially trained to perform many of the functions and duties of the physician,
including examination, diagnosis, and treatment, and who is licensed under this
chapter to do so;
(14) repealed
5/5/2023;
(15) repealed
5/5/2023;
(16) repealed
3/12/89;
(17) repealed
3/12/89;
(18) repealed
3/12/89;
(19) repealed
3/12/89;
(20) "USMLE" means the
United States medical licensing examination sponsored jointly by the Federation
of State Medical Boards of the United States, Inc. and the National Board of
Medical Examiners;
(21) "controlled
substance" has the meaning given controlled substance in
AS
11.71.900;
(22) "division" means the division assigned
occupational licensing functions in the department;
(23) "COMLEX examination" means the
Comprehensive Osteopathic Medical Licensing Examination administered by the
National Board of Osteopathic Medical Examiners;
(24) "post-graduate training" for physicians
includes internship, residency, and advanced forms of residency including
fellowships;
(25) "health care
professional" includes chiropractors, mental health counselors, social workers,
dental hygienists, dentists, health aides, nurses, nurse practitioners,
certified nurse aides, occupational therapists, occupational therapy
assistants, optometrists, osteopaths, naturopaths, physical therapists,
physical therapy assistants, physicians, physician assistants, psychiatrists,
psychologists, psychological associates, audiologists licensed under AS 08.11,
hearing aid dealers licensed under AS 08.55, marital and family therapists
licensed under AS 08.63, religious health practitioners, acupuncturists, and
surgeons;
(26) "business day" means
a day other than Saturday, Sunday, or a state holiday;
(27) "DEA" means the federal Drug Enforcement
Administration;
(28) "FCVS" means
the Federal Credentials Verification Service of the Federation of State Medical
Boards of the United States, Inc.
(b) In AS 08.64.326(a)(9),
(1) "attempted sexual contact" means engaging
in conduct that constitutes a substantial step towards sexual
contact;
(2) "sexual contact"
(A) means touching, directly or through
clothing, a patient's genitals, anus, or female breast, or causing the patient
to touch, directly or through clothing, the licensee's or patient's genitals,
anus, or female breast;
(B)
includes sexual penetration;
(C)
does not include acts
(i) that may reasonably
be construed to be normal caretaker responsibilities for a child, interactions
with a child, or affection for a child; or
(ii) performed for the purpose of
administering a recognized and lawful form of examination or treatment that is
reasonably adapted to promoting the physical or mental health of the person
being treated; in this paragraph, "sexual penetration" means genital
intercourse, cunnilingus, fellatio, anal intercourse, or an intrusion, however
slight, of an object or any part of a person's body into the genitals or anus
of another person's body; each party to any of the acts defined as "sexual
penetration" is considered to be engaged in sexual penetration; "sexual
penetration" does not include acts performed for the purpose of administering a
recognized and lawful form of examination or treatment that is reasonably
adapted to promoting the physical health of the person being treated;
(3) "sexual impropriety"
means behavior, a gesture, or an expression that is seductive, sexually
suggestive, or sexually demeaning to a patient; "sexual impropriety" includes
(A) encouraging the patient to masturbate in
the presence of the licensee or masturbation by the licensee while the patient
is present;
(B) offering to provide
controlled substances or other drugs in exchange for sexual contact;
(C) disrobing or draping practice that is
seductive, sexually suggestive, or sexually demeaning to a patient, such as
deliberately watching a patient dress or undress or failing to provide privacy
for disrobing;
(D) making a comment
about or to the patient that is seductive, sexually suggestive, or sexually
demeaning to a patient, including
(i) sexual
comment about a patient's body or underclothing;
(ii) sexualized or sexually-demeaning comment
to a patient;
(iii) demeaning or
degrading comments to the patient about the patient's sexual orientation,
regardless of whether the patient is homosexual, heterosexual, or
bisexual;
(iv) comments about
potential sexual performance of the patient during an examination or
consultation, except when the examination or consultation is pertinent to the
issue of sexual function or dysfunction;
(v) requesting details of sexual history or
sexual likes or dislikes of the patient if the details are not clinically
indicated for the type of examination or consultation;
(E) performing an internal pelvic examination
or rectal examination of the patient without the use of gloves;
(F) initiation by the licensee of
conversation with a patient regarding the sexual problems, preferences, or
fantasies of the licensee;
(G)
using the medical or professional relationship with the patient to solicit
sexual contact or a romantic relationship with the patient or
another;
(H) kissing a patient in a
romantic or sexual manner;
(4) "sexual misconduct" includes sexual
impropriety;
(5) "in connection
with the delivery of professional services to patients" includes sexual
misconduct directed at patients or key third parties; in this paragraph, "key
third parties" means individuals who have influence over the patient, including
the patient's spouse, children, parents, legal guardian, or
surrogate.
Authority:AS 08.64.100
AS 08.64.107
AS 08.64.326
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
