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SB 297: "An Act relating to the licensing of chiropractors."

00SENATE BILL NO. 297 01 "An Act relating to the licensing of chiropractors." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.20 is amended by adding new sections to read: 04  Sec. 08.20.163. Temporary permit for locum tenens practice. (a) The 05 board may grant a temporary permit to a chiropractor for the purpose of the 06 chiropractor's substituting for another chiropractor licensed in this state. The permit 07 is valid for 60 consecutive days. If circumstances warrant, an extension of the permit 08 may be granted by the board. 09  (b) A chiropractor applying under (a) of this section shall pay the required fee 10 and shall meet the 11  (1) requirements of AS 08.20.120; or 12  (2) following requirements: 13  (A) submit evidence of a current license in good standing, 14 including

01  (i) no action reported in the national licensee database 02 of the Federation of Chiropractic Licensing Boards; 03  (ii) not having been, within the five years preceding the 04 date of application, the subject of an unresolved review or an adverse 05 decision based upon a complaint, investigation, review procedure, or 06 disciplinary proceeding undertaken by a state, territorial, local, or 07 federal chiropractic licensing jurisdiction, chiropractic society, or law 08 enforcement agency that relates to criminal or fraudulent activity, 09 chiropractic malpractice, or negligent chiropractic care and that 10 adversely reflects on the applicant's ability or competence to engage in 11 the practice of chiropractic or on the safety or well-being of patients; 12 and 13  (iii) no conviction for a felony within the five years 14 preceding the date of application; 15  (B) submit evidence of five years of active licensed clinical 16 practice; 17  (C) be a graduate of a school or college of chiropractic that is 18 accredited by or a candidate for accreditation by the Council on Chiropractic 19 Education or a successor accrediting agency recognized by the board; 20  (D) have completed 120 hours of formal training in 21 physiological therapeutics or have passed, to the satisfaction of the board, the 22 Physiotherapy Examination of the National Board of Chiropractic Examiners; 23  (E) have passed, to the satisfaction of the board, Parts I and II 24 of the examination of the National Board of Chiropractic Examiners; and 25  (F) pass an examination given by the board. 26  (c) Permits and extensions of permits issued under this section to an individual 27 are not valid for more than 240 days during any consecutive 24 months. 28  Sec. 08.20.165. Inactive license status. (a) A licensee who does not practice 29 in the state may hold an inactive license. A person who practices in the state, however 30 infrequently, shall hold an active license. 31  (b) A person who has an inactive license certificate under (a) of this section

01 may reactivate the license by applying for an active license and paying the required 02 fees. A person is eligible for change from an inactive to an active status under this 03 subsection only if the person has been in inactive status for less than 24 months. If 04 the person has been in inactive status for 24 months or for more than 24 months, the 05 person is required to meet the requirements for initial licensure in order to be licensed 06 under this chapter again. 07  Sec. 08.20.167. Retired license status. (a) Upon retiring from practice and 08 upon payment of an appropriate one-time fee, a licensee in good standing with the 09 board may apply for the conversion of an active or inactive license to a retired status 10 license. A person holding a retired status license may not practice chiropractic in the 11 state. A retired status license is valid for the life of the license holder and does not 12 require renewal. A person holding a retired status license is exempt from continuing 13 education requirements adopted by the board under AS 08.20.170(d). 14  (b) A person with a retired status license may apply for active licensure. 15 Before issuing an active license under this subsection, the board may require the 16 applicant to meet reasonable criteria, as determined under regulations of the board, that 17 may include submission of continuing education credits, reexamination requirements, 18 physical and psychiatric examination requirements, an interview with the board, and 19 a review of information in the national licensee database of the Federation of 20 Chiropractic Licensing Boards. 21 * Sec. 2. AS 08.20.170(a) is amended to read: 22  (a) The board may, after a hearing, impose a disciplinary sanction on a person 23 licensed under this chapter or refuse to issue a license under this chapter when the 24 board finds that the person [LICENSEE] 25  (1) secured or attempted to secure a license through deceit, fraud, or 26 intentional misrepresentation; 27  (2) engaged in deceit, fraud, or intentional misrepresentation in the 28 course of providing professional services or engaging in professional activities; 29  (3) advertised professional services in a false or misleading manner; 30  (4) has been convicted , including a conviction based on a guilty plea 31 or plea of nolo contendere, of

01  (A) a felony or other crime that [WHICH] affects the person's 02 [LICENSEE'S] ability to [CONTINUE TO] practice competently and safely; 03 or 04  (B) a crime involving the unlawful procurement, sale, 05 prescription, or dispensing of drugs; 06  (5) intentionally or negligently engaged in or permitted the performance 07 of patient care by persons under the licensee's supervision that [WHICH] does not 08 conform to minimum professional standards established by regulation regardless of 09 whether actual injury to the patient occurred; 10  (6) failed to comply with this chapter, with a regulation adopted under 11 this chapter, or with an order of the board; 12  (7) continued or attempted to practice after becoming unfit due to 13  (A) professional incompetence; 14  (B) addiction or severe dependency on alcohol or a drug that 15 [WHICH] impairs the person's [LICENSEE'S] ability to practice safely; 16  (C) physical or mental disability or an infectious or 17 contagious disease ; 18  (8) engaged in lewd or immoral conduct in connection with the delivery 19 of professional service to patients; or 20  (9) failed to satisfy continuing education requirements adopted by the 21 board. 22 * Sec. 3. AS 08.20.180(a) is amended to read: 23  (a) An applicant for an examination, reexamination, issuance of a temporary 24 permit under AS 08.20.160, issuance of a locum tenens permit under AS 08.20.163, 25 one-time issuance of a retired status license , or initial issuance or renewal of an 26 active or inactive [A] license shall pay a fee established under AS 08.01.065.