12 Alaska Admin. Code § 40.045

Current through September 25, 2024
Section 12 AAC 40.045 - Courtesy license
(a) A courtesy license authorizes the holder to practice medicine, osteopathy, or podiatry for limited purposes recognized by the board in (b) of this section. A courtesy license does not authorize the holder to perform medical services outside the scope of the courtesy license issued under this section.
(b) For purposes of (a) of this section, the board will consider the following physicians to practice for limited purposes that qualify for the issuance of a courtesy license:
(1) physicians who come to the state for the purpose of conducting a specialty clinic, if the patients do not pay or give a fee or other remuneration for the services provided;
(2) out-of-state sports team physicians who accompany their team to the state for the duration of the team's presence in the state for the sporting activity and whose practice while in the state is limited to care of the applicant's team and visiting support staff personnel associated with the event;
(3) physicians who are formally contracted by state agencies to conduct specialty clinics;
(4) physicians who come to the state to provide emergency medical care or emergency mental health care if
(A) the patients do not pay or give a fee or other remuneration; and
(B) the services are provided as part of an organized response to a disaster emergency
(i) that the governor has declared under AS 26.23.020; and
(ii) in which extensive injuries or deaths have occurred;
(5) physicians who will be working in a supervised hospital fellowship; and
(6) physicians who are coming into the state accompanying an employer-patient for the duration of the employer-patient's visit to the state and whose practice while in the state is limited to care of the employer-patient and accompanying family and staff.
(c) If a courtesy license is issued under (b)(5) of this section, the supervising physician shall notify the board in writing of any termination of or change to the supervisory relationship with the courtesy license holder. The supervising physician's responsibility continues until the board receives the written notice of termination or change.
(d) The board, a member of the board, the executive secretary, or the board's designee may issue a courtesy license to an applicant who
(1) submits a complete application on a form provided by the department;
(2) pays the application and licensing fees required under 12 AAC 02.250;
(3) submits verification of a current license to practice medicine in good standing and not under investigation in the state or territory, or a province of Canada in which the applicant resides;
(4) submits a description of the circumstances under which the applicant will be practicing, including the name and license number of the supervising physician if the applicant is working in a supervised hospital fellowship;
(5) submits a description of the scope of medical practice required to perform the duties for which the courtesy license is issued; the description must include the practice location, duration of practice, and patient population to be seen; the applicant must demonstrate that the scope of medical practice is for a limited purpose set out in (b) of this section;
(6) submits a signed authorization for the release of records;
(7) submits a certified true copy of an accredited medical school diploma or direct source verification of successful completion of medical school;
(8) submits direct source verification of the applicant's completion of post-graduate training;
(9) submits a Federation of State Medical Boards' Board Action Data Bank clearance report; and
(10) receives clearance from the National Practitioner Data Bank.
(e) A courtesy license is valid only for the shorter of the following periods:
(1) the duration of the activity as listed in (b) of this section;
(2) a period not to exceed
(A) one year after the date the courtesy license is issued under (b)(1) - (b)(3) or (b)(5) - (b)(6) of this section; or
(B) 90 days after the date the courtesy license is issued under (b)(4) of this section.
(f) A courtesy license holder is subject to all relevant provisions of AS 08.64, this chapter, and any other statutes or regulations governing the practice of medicine and the prescription of drugs in this state.
(g) A courtesy license holder may not use a courtesy license
(1) for purposes of locum tenens coverage;
(2) to serve in place of a temporary license; or
(3) for purposes of employment consideration.
(h) Notwithstanding (a), (b), or (d) of this section, the board may refuse to issue a courtesy license for the same reasons that it may impose disciplinary sanctions against a licensee under AS 08.64.326.
(i) Notwithstanding (d) of this section, an applicant for a courtesy license may submit the credentials verification documents through the Federation Credentials Verification Service (FCVS) of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.
(j) The board may determine that there exists an urgent situation that requires issuance of an emergency courtesy license. In an urgent situation, the board, executive administrator, or the board's designee may issue an emergency courtesy license under this subsection to an applicant who practices medicine or osteopathy, or who practices as a physician assistant to provide emergency medical or mental health care within the scope and duration of the declared urgent situation. A courtesy license may be issued under this subsection to a person who
(1) holds a current, unencumbered license to practice as a physician, osteopath, or physician assistant in another jurisdiction, or holds a retired license under AS 08.64.276 that has been issued less than two years;
(2) submits a completed application on a form provided by the department, and
(A) if a physician or osteopath,
(i) verification of a current license to practice medicine or osteopathy in good standing and not under investigation in the jurisdiction in which the applicant resides, or verification of a retired license issued under AS 08.64.276;
(ii) clearance from the Federation of State Medical Boards;
(iii) clearance from the National Practitioner Data Bank; and
(iv) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;
(B) if a physician assistant,
(i) verification of a current license to practice medicine in good standing and not under investigation in the jurisdiction in which the applicant resides;
(ii) clearance from the Federation of State Medical Boards;
(iii) clearance from the National Practitioner Data Bank; and
(iv) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;
(C) repealed 5/5/2023.
(k) The board may refuse to issue a courtesy license or an emergency courtesy license for the same reasons it may deny, suspend, or revoke a license under AS 08.64.326.
(l) In this section, "urgent situation" means a health crisis affecting all or part of the state that requires increased availability of healthcare providers licensed under this chapter.

12 AAC 40.045

Eff. 5/1/94, Register 130; am 8/9/95, Register 135; am 12/18/2001, Register 160; am 10/8/2017, Register 224, January 2018; am 12/25/2019, Register 232, January 2020; em am 4/21/2020 - 8/18/2020, Register 234; am 11/16/2020, Register 236; am 5/5/2023, Register 246, July 2023; am 8/30/2024, Register 251, October 2024

Authority:AS 08.01.062

AS 08.64.100

AS 08.64.240