Section 12 AAC 40.990 - Definitions(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.;(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;(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.Eff. 8/29/73, Register 47; am 1/13/80, Register 73; am 9/30/81, Register 79; am 7/4/84, Register 90; am 3/12/89, Register 109; am 8/24/90, Register 115; am 4/27/97, Register 142; am 6/28/97, Register 142; am 8/17/97, Register 143; am 5/16/98, Register 146; am 11/7/98, Register 148; am 8/9/2000, Register 155; am 9/5/2002, Register 163; am 10/14/2006, Register 180; am 12/21/2007, Register 184; am 5/5/2023, Register 246, July 2023Authority:AS 08.64.100
AS 08.64.107
AS 08.64.326