NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA STATE MEDICAL BOARD REGARDING STANDARDS OF PRACTICE FOR TELEMEDICINE Brief Description: The State Medical Board[...]

NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA STATE MEDICAL BOARD REGARDING STANDARDS OF PRACTICE FOR TELEMEDICINE

Brief Description: The State Medical Board proposes regulatory changes relating to the standards of practice for the use of buprenorphine to treat opioid use disorder via telemedicine.

The State Medical Board (Board) proposes to adopt regulation changes in Title 12, Chapter 40, of the Alaska Administrative Code, including the following:

1. 12 AAC 40.943. Standards of practice for telemedicine, is proposed to remove language concerning practice standards for the prescribing, dispensing, or administering of buprenorphine for opioid use disorder treatment that is obsolete due to the elimination of the federal Drug Addiction Treatment Act (DATA) waiver and to conform to related changes in state law.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at [email protected]. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at https://http://notice.alaska.gov/221095, and using the comment link. The comments must be received not later than 4:30 p.m. on November 3, 2025.

You may submit written questions relevant to the proposed action to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at [email protected]. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board's website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/StateMedicalBoard.aspx.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or [email protected] not later than October 27, 2025 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Stefanie Davis at (907) 465-2537, [email protected], or at https://www.commerce.alaska.gov/web/portals/5/pub/Regulations/MED-1124.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 08.64.100; AS 08.64.101; AS 08.64.364
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.02.130; AS 08.64.364

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in that occupation's regulations. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

DATE: 10/01/2025
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1. Adopting agency: State Medical Board - Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2. General subject of regulation: Standards of practice for telemedicine.

3. Citation of regulation: 12 AAC 40.943(b).

4. Department of Law file number: 2024200569

5. Reason for the proposed action:
(X) Compliance with federal law or action (identify): amendment to 21 U.S.C. 823 (Drug Addiction Treatment Act (DATA))
(X) Compliance with new or changed state statute
( ) Compliance with federal or state court decision (identify):
( ) Development of program standards
( ) Other (identify):

6. Appropriation/Allocation: Corporations, Business and Professional Licensing - #2360.

7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.

8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2026 or in subsequent years.

9. The name of the contact person for the regulation:Natalie Norberg, Executive AdministratorState Medical BoardDivision of Corporations, Business and Professional LicensingDepartment of Commerce, Community, and Economic DevelopmentE-mail: [email protected]

10. The origin of the proposed action: Staff of state agency.

11. Date: 10/01/2025
Prepared by: Stefanie Davis, Regulations Specialist

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