Section 7 AAC 27.670 - Informal review of state medical officer orders' orders(a) As soon as possible after a state medical officer issues an order for testing, examination, or screening under AS 18.15.375, a public health agent shall explain the order to the individual who is subject to the order, or the individual's legal representative, to satisfy the requirement of AS 18.15.375(c)(6). At the same time, the public health agent shall notify the individual of the right to request an informal review of the medical order as provided by this section. (b) If, following the explanation required by (a) of this section, the individual objects to the order, the individual may request an informal review of the order by the department. Not later than 48 hours after the explanation required under (a) of this section, the individual may request informal review, orally or in writing, through the telephone number or address provided on the order. The department will, not later than three calendar days after receiving the request for review, offer an opportunity for an informal hearing, either in person or, if the department believes that an in-person hearing could unreasonably endanger others, by telephone and will accept written evidence and arguments submitted by the individual subject to the order and medical staff of the department. The department will issue a written determination not later than three calendar days after the informal hearing. In the determination, the department may uphold the original medical order, revise the terms of the original medical order, or terminate the original medical order. (c) Informal review under this section is not available if, in the opinion of the state medical officer who issued the order under AS 18.15.375, the delay caused by the informal review would pose a clear and immediate threat to the public health. Orders issued in such circumstances shall state that they are not subject to informal review. (d) Nothing in this section prohibits a state medical officer from seeking an ex parte order from a judicial officer under AS 18.15.375(d). (e) Informal review under (a) of this section is not available after the court has issued an ex parte order under AS 18.15.375(d).Eff. 12/29/2006, Register 180; am 12/29/2013, Register 208, January 2014Authority:AS 18.05.010
AS 18.05.040
AS 18.15.375