Section 08.02.140 - [Effective 10/16/2024] Disciplinary sanctions for an out-of-state multidisciplinary care team member(a) If the department finds grounds to sanction a member of an out-of-state physician's multidisciplinary care team under AS 08.02.135, the department may (1) permanently prohibit the member from practicing in the state;(2) prohibit the member from practicing in the state for a determinate period;(4) issue a letter of reprimand to the member;(5) place the member on probationary status under (c) of this section;(6) limit or impose conditions on the member's privilege to practice in the state;(7) impose a civil penalty of not more than $25,000;(8) issue a cease and desist order prohibiting the member from providing health care services through telehealth under AS 08.02.130; an order issued under this paragraph remains in effect until the member submits evidence acceptable to the department showing that the violation has been corrected;(9) promptly notify the licensing authority in each state in which the member is licensed of a sanction imposed under this subsection.(b) In a case finding grounds for sanction under AS 08.02.135(12), the final findings of fact, conclusions of law, and order of the authority that suspended or revoked a license or certificate constitute a prima facie case that the license or certificate was suspended or revoked and the grounds under which the suspension or revocation was granted.(c) The department may place a member on probation under this section until the department finds that the deficiencies that required the imposition of a sanction have been remedied. The department may require a member on probation to(1) report regularly to the department on matters involving the reason for which the member was placed on probation;(2) limit the member's practice in the state to those areas prescribed by the department;(3) participate in professional education until the department determines that a satisfactory degree of skill has been attained in areas identified by the department as needing improvement.(d) The department may summarily prohibit a member from practicing in the state under AS 08.02.130 if the department finds that the member, by continuing to practice, poses a clear and immediate danger to public health and safety. A member prohibited from practicing under this subsection is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) not later than seven days after the effective date of the order prohibiting the member from practicing. The department may lift an order prohibiting a member from practicing if the department finds after a hearing that the member is able to practice with reasonable skill and safety. The member may appeal a decision of the department under this subsection to the superior court.(e) The department shall take measures to recover from a member the cost of proceedings resulting in a sanction under (a) of this section, including the costs of investigation by the department and hearing costs.(f) The department may prohibit a member from practicing in the state upon receiving a certified copy of evidence that a license or certificate to practice within the member's scope of practice in another state or territory of the United States, or a province or territory of Canada, has been suspended or revoked. The prohibition remains in effect until a hearing can be held by the department.(g) The department shall be consistent in the application of disciplinary sanctions. A significant departure from earlier decisions of the department involving similar situations must be explained in findings of fact or orders made by the department.Added by SLA 2024, ch. 13,sec. 4, eff. 10/16/2024.