Legislation


SB 241 – Alaska

Status: Enacted
Year Introduced: 2020
Link: http://www.akleg.gov/basis/Bill/Text/31?Hsid=SB0241A

Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to read:
TELEMEDICINE AND TELEHEALTH.
(a) Notwithstanding any other provision of law, during the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, the provisions of AS 08.64.170 and AS 08.68.160 do not apply to a health care provider who is providing treatment, rendering a diagnosis, or prescribing, dispensing, or administering a prescription, excluding a controlled substance listed under AS 11.71.140 — 11.71.190, through telehealth as defined in AS 47.05.270(e), without first conducting an in- person physical examination, if
(1) the health care provider is licensed, permitted, or certified to provide health care services in another jurisdiction and is in good standing in the jurisdiction that issued the license, permit, or certification;
(2) the health care services provided without an in-person physical examination are within the provider’s authorized scope of practice in the jurisdiction that issued the provider’s license, permit, or certification;
(3) in the event that the health care provider determines that the encounter will extend beyond the scope of practice or scope of services described in this section, the health care provider advises the patient that the health care provider is not authorized to provide the services to the patient, recommends that the patient contact a health care provider licensed in the state, and terminates the encounter.
(b) The amount charged by a health care provider for services provided under this section must be reasonable and consistent with the ordinary fees typically charged for that service and may not be more than five percent above the ordinary fees typically charged for that service. A health care provider who is required to terminate an encounter under (a)(3) of this section may not charge for any services provided during the encounter.
(c) Notwithstanding any other provision of law, during the COVID-19 public health disaster emergency, the commissioner of health and social services may waive any state law or regulation if compliance would substantially prevent or impede the provision of health care services under this section.


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