HB 93: "An Act relating to dentists and dental hygienists and the Board of Dental Examiners; establishing certain committees for the discipline and peer review of dentists; excluding the adjudicatory proceedings of the Board of Dental Examiners and its committees from the Administrative Procedure Act and from the jurisdiction of the office of administrative hearings; and providing for an effective date."
00 HOUSE BILL NO. 93 01 "An Act relating to dentists and dental hygienists and the Board of Dental Examiners; 02 establishing certain committees for the discipline and peer review of dentists; excluding 03 the adjudicatory proceedings of the Board of Dental Examiners and its committees from 04 the Administrative Procedure Act and from the jurisdiction of the office of 05 administrative hearings; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 PURPOSE. It is the purpose of this Act to modify the existing framework used to 10 license and discipline dentists and dental hygienists in order to improve the practice of 11 dentistry in the state and to better protect the public. It is the further purpose of this Act to 12 provide peer review and to ensure confidentiality for the complainants and the licensee, to 13 involve licensed dentists in the decision-making process, and to better address patient and
01 public complaints. 02 * Sec. 2. AS 08.01.080 is amended to read: 03 Sec. 08.01.080. Department regulations. The department shall adopt 04 regulations to carry out the purposes of this chapter including but not limited to 05 describing 06 (1) how an examination is to be conducted; 07 (2) what is contained in application forms; 08 (3) how a person applies for an examination or license; 09 (4) how to maintain the confidentiality of information required to 10 be confidential under AS 08.01.087. 11 * Sec. 3. AS 08.01.087 is amended by adding a new subsection to read: 12 (d) Except as otherwise provided under AS 08.36, the department shall 13 maintain the confidentiality of information involving a dental hygienist or dentist 14 licensed in the state under AS 08.32 or AS 08.36 or a person who is a patient or 15 complainant of a licensed dentist or dental hygienist if the information pertains to the 16 health, discipline, or rehabilitation of the licensee or other person. 17 * Sec. 4. AS 08.32.160 is amended to read: 18 Sec. 08.32.160. Grounds for discipline, suspension, or revocation of 19 license. The board may revoke or suspend the license of a dental hygienist, or may 20 reprimand, censure, or discipline a licensee, or impose another form of discipline 21 that the board determines is warranted and necessary, if, after a hearing, the board 22 finds that the licensee 23 (1) knowingly used [OR KNOWINGLY COOPERATED IN] deceit, 24 fraud, or intentional misrepresentation to obtain a license or registration; 25 (2) engaged in deceit, fraud, or intentional misrepresentation in the 26 course of providing or billing for professional services or engaging in professional 27 activities; 28 (3) advertised professional services in a false or misleading manner; 29 (4) has been convicted of a felony or other crime that affects the 30 licensee's ability to continue to practice competently and safely; 31 (5) failed to comply with this chapter, with a regulation adopted under
01 this chapter or under AS 08.36, or with an order of the board; 02 (6) continued to practice after becoming unfit due to 03 (A) professional incompetence; 04 (B) addiction or dependence on alcohol or other drugs that 05 threatens or compromises patient care, has the potential to compromise 06 patient care, or impairs the licensee's ability to practice safely; 07 (C) physical or mental disability; 08 (D) failure to keep informed of or use current professional 09 theories and practices; 10 (7) engaged in lewd or immoral conduct in connection with the 11 delivery of professional service to patients; 12 (8) performed clinical procedures for compensation without being 13 under the supervision of a licensed dentist. 14 * Sec. 5. AS 08.32.171 is repealed and reenacted to read: 15 Sec. 08.32.171. Disciplinary sanctions. The board may summarily suspend 16 the license of a licensee who refuses to submit to a physical or mental examination 17 under AS 08.36.070(b)(1) upon proof by clear and convincing evidence that the 18 licensee poses an immediate threat of harm to patient care in the absence of a physical 19 or mental examination. A decision to suspend a license under this section is a final 20 administrative decision subject to judicial review under AS 44.62.560 and 44.62.570. 21 * Sec. 6. AS 08.36.010(a) is amended to read: 22 (a) There is created the Board of Dental Examiners consisting of nine 23 members. Six members shall be actively licensed dentists under this chapter who 24 have been engaged in the practice of dentistry in the state for at least five years 25 immediately preceding appointment, two members shall be dental hygienists actively 26 licensed under AS 08.32 who have been engaged in the practice of dental hygiene in 27 the state for at least five years immediately preceding appointment, and one member 28 shall be a public member. 29 * Sec. 7. AS. 08.36.025 is amended to read: 30 Sec. 08.36.025. Suspension of board members. A member against whom an 31 accusation has been filed under this chapter [AS 44.62] for violation of AS 08.32.160
01 or AS 08.36.315 is suspended from the board until the decision of the board on the 02 accusation takes effect [UNDER AS 44.62.520]. 03 * Sec. 8. AS 08.36.030 is repealed and reenacted to read: 04 Sec. 08.36.030. Officers. The board shall elect a president, vice-president, 05 and secretary from among its members, each to serve a term of not more than two 06 years. If the president is absent or incapable of performing the duties of president, the 07 vice-president shall succeed to the presidency until the president is able to return to the 08 duties of president. All officers must be licensed dentists except for the position of 09 secretary. The president's duties include coordination, supervision, and direction of the 10 functions of the board, with the assistance of the department or other staff and the 11 concurrence of the board. 12 * Sec. 9. AS 08.36.040 is amended to read: 13 Sec. 08.36.040. Meetings. The board shall meet at the call of the president at 14 least four times annually and at other times necessary to conduct its business. In the 15 absence of a call of the president, a majority of the board may call a meeting. A 16 meeting of the board may be conducted telephonically except for a meeting 17 conducted for the purpose of holding a disciplinary hearing. A disciplinary 18 hearing shall be conducted in person. 19 * Sec. 10. AS 08.36.070 is amended to read: 20 Sec. 08.36.070. General powers. (a) The board shall 21 (1) provide for the examination of applicants and issue licenses to 22 those applicants it finds qualified; 23 (2) register licensed dentists and licensed dental hygienists who are in 24 good standing; 25 (3) affiliate with the American Association of Dental Examiners and 26 pay annual dues to the association; 27 (4) establish peer review and confidentiality procedures for 28 hearings, conduct investigations, hold hearings, and order the disciplinary sanction 29 of a person who violates this chapter, AS 08.32, or a regulation of the board; 30 (5) supply forms for applications, licenses, permits, certificates, and 31 other papers and records;
01 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 02 amend the regulations necessary to make the provisions of this chapter and AS 08.32 03 effective; 04 (7) adopt regulations ensuring that renewal of registration is contingent 05 upon proof of continued professional competence by a licensed dentist or licensed 06 dental hygienist; 07 (8) provide the department with the requirements for proof of 08 continued professional competence and request the department to make these 09 requirements available to each licensed dentist and licensed dental hygienist at least 10 one year before the date on which the dentist or dental hygienist must renew 11 registration; 12 (9) at least annually cause to be published in a newspaper of general 13 circulation in each major city in the state a summary of disciplinary actions the board 14 has taken during the preceding calendar year that identifies only the name of the 15 licensee, the type of discipline imposed, and a reference to the statute or 16 regulation violated by the licensee; 17 (10) issue permits or certificates to licensed dentists, licensed dental 18 hygienists, and dental assistants who meet standards determined by the board for 19 specific procedures that require specific education and training; 20 (11) regulate the reentry into practice of inactive dentists and dental 21 hygienists; 22 (12) require, as a condition of a license or license renewal issued by 23 the board, that an applicant or licensee has, at the time of licensing or renewal and 24 maintains throughout the period of a license, current certification in cardiopulmonary 25 resuscitation techniques, except that the board may waive this requirement under an 26 agreement with the applicant or licensee if the applicant or licensee documents, to the 27 satisfaction of the board, the existence of a physical impairment that results in an 28 inability to be certified in cardiopulmonary resuscitation techniques and the agreement 29 specifies that the applicant or licensee will ensure that another person who is certified 30 in cardiopulmonary resuscitation techniques will be in the same room as the applicant 31 or licensee whenever the applicant or licensee is practicing dentistry on a living patient
01 who is also present; the board may include in the agreement an expiration date or 02 provide that the agreement remains in effect until reviewed by the board; 03 (13) maintain confidentiality over patient, complainant, and 04 licensee information that contains personal health information or is otherwise 05 required to be kept confidential under federal or state law; 06 (14) employ or contract for legal, investigative, and administrative 07 services as necessary to carry out the board's duties under this chapter; 08 (15) establish and monitor an informal and confidential chemical 09 dependency intervention program that may include a licensee's colleague, family 10 member, or friend. 11 (b) The board or its designee may 12 (1) order a licensed dentist or licensed dental hygienist to submit to a 13 reasonable physical or mental examination if there is substantial recent evidence 14 that the dentist's or the dental hygienist's physical or mental capacity to practice safely 15 is at issue and the examination is reasonably necessary to determine whether the 16 licensee has violated AS 08.32 or this chapter; an examination ordered by the 17 board shall be conducted in the state by a person who is licensed in the state and 18 otherwise qualified to perform the examination, as determined by the board; a 19 licensee may submit for the board's consideration another medical evaluation in 20 addition to an examination ordered by the board; and 21 (2) authorize its representative to inspect the practice facilities or 22 patient or professional records of a dentist at reasonable times and in a reasonable 23 manner to monitor compliance with this chapter and with AS 08.32. 24 * Sec. 11. AS 08.36.080 is repealed and reenacted to read: 25 Sec. 08.36.080. Application of Administrative Procedure Act. (a) The 26 administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) 27 do not apply to adjudicatory proceedings of the board or the board's committees 28 except that final administrative determinations by the board are subject to judicial 29 review as provided in AS 44.62.560 and 44.62.570. 30 (b) AS 44.62.010 - 44.62.320 and 44.62.640 apply to regulations adopted by 31 the board.
01 * Sec. 12. AS 08.36.315 is amended to read: 02 Sec. 08.36.315. Grounds for discipline, suspension, or revocation of 03 license. The board may revoke or suspend the license of a dentist, or may reprimand, 04 censure, or discipline a dentist, or both, or impose another form of discipline that 05 the board determines is warranted and necessary, if the board finds after a hearing 06 that the dentist 07 (1) knowingly used or knowingly cooperated in deceit, fraud, or 08 intentional misrepresentation to obtain a license; 09 (2) engaged in deceit, fraud, or intentional misrepresentation in the 10 course of providing or billing for professional dental services or engaging in 11 professional activities; 12 (3) advertised professional dental services in a false or misleading 13 manner; 14 (4) received compensation for referring a person to another dentist or 15 dental practice; 16 (5) has been convicted of a felony or other crime that affects the 17 dentist's ability to continue to practice dentistry competently and safely; 18 (6) engaged in the performance of patient care, or permitted the 19 performance of patient care by persons under the dentist's supervision, that does not 20 conform to minimum professional standards of dentistry regardless of whether actual 21 injury to the patient occurred; 22 (7) failed to comply with this chapter, with a regulation adopted under 23 this chapter, or with an order of the board; 24 (8) continued to practice after becoming unfit due to 25 (A) professional incompetence; 26 (B) failure to keep informed of or use current professional 27 theories or practices, except that a dentist's choice to employ one of several 28 acceptable treatment modalities may not be grounds for discipline; 29 (C) addiction or dependence on alcohol or other drugs that 30 threatens or compromises patient care, has the potential to compromise 31 patient care, or impairs the dentist's ability to practice safely;
01 (D) physical or mental disability that cannot be overcome 02 through an accommodation for purposes of complying with this chapter; 03 (9) engaged in lewd or immoral conduct in connection with the 04 delivery of professional service to patients; 05 (10) permitted a dental hygienist or dental assistant who is employed 06 by the dentist or working under the dentist's supervision to perform a dental procedure 07 in violation of AS 08.32.110 or AS 08.36.070(a)(10); 08 (11) failed to report to the board a death that occurred on the premises 09 used for the practice of dentistry within 48 hours. 10 * Sec. 13. AS 08.36.315 is amended by adding new subsections to read: 11 (b) The board may not discriminate against a licensee solely on the basis of a 12 mental or physical impairment or disability. The board may reinstate a license of a 13 person who suffers from a mental or physical impairment or disability on proof of 14 completion of rehabilitation through an accredited rehabilitation program designed for 15 professionals and consistent with regulations adopted under this chapter. When 16 making a decision under this section that is based on the existence of a physical or 17 mental impairment or disability, the board shall comply with federal law. The board 18 shall consider voluntary rehabilitation completed by a licensee as a mitigating 19 circumstance in determining the form of discipline to impose on a licensee. The board 20 shall consider a failure to complete a rehabilitation program by a licensee as an 21 aggravating circumstance in determining the form of discipline to impose on a 22 licensee. 23 (c) The governing principle of all disciplinary actions shall be direct, 24 confidential, and candid peer review under AS 08.36.316, with a focus on solving and 25 correcting deficiencies, not punishing or humiliating a licensee. 26 (d) In this section, a "mental or physical impairment or disability" includes 27 addiction to drugs or alcohol. 28 * Sec. 14. AS 08.36 is amended by adding a new section to read: 29 Sec. 08.36.316. Disciplinary and peer review procedures. (a) The board 30 shall conduct disciplinary proceedings consistent with principles of substantive and 31 procedural due process and by using peer review, when applicable, as described in this
01 section. 02 (b) A person may file a written complaint with the board on a form provided 03 by the board and signed by the complainant for actions involving a person licensed 04 under this chapter. The complaint must contain a clear statement of the details of each 05 act of alleged misconduct, including the approximate place and time of the act. 06 (c) The department shall mail a copy of the complaint to the licensee within 30 07 days after receipt of the complaint and shall provide notice to the licensee of the 08 requirement to provide an answer within 30 days after receipt of the notice. Failure to 09 file a timely answer may be presumed to be an admission of guilt except that a 10 licensee may not be compelled to provide evidence of criminal wrongdoing. 11 (d) The department shall conduct a preliminary investigation and determine 12 whether to dismiss the complaint for insufficiency of evidence to support the 13 allegation. If the department determines that a complaint contains some factual basis, 14 the department shall present the complaint and supporting documentation to the board 15 president. The board president may return the complaint to the department for further 16 investigation or submit the complaint and supporting documentation to the board with 17 a recommendation for dismissal of the complaint, submission of the complaint to a 18 disciplinary committee, or submission of the complaint to mediation by a peer review 19 committee. The board president may not recommend mediation by a peer review 20 committee, nor may the board refer a matter for mediation by a peer review 21 committee, if the allegations in the complaint include fraud, sexual misconduct, 22 criminal activity, or prescription medication abuse. 23 (e) If the board does not dismiss a complaint submitted to it by the board 24 president under (d) of this section and peer review mediation is not prohibited under 25 (d) of this section, the board shall refer the complaint for mediation by a peer review 26 committee. The board shall appoint a peer review committee to attempt to mediate a 27 matter referred for peer review. The department may employ or contract for the 28 services of a mediator who is either a dentist or an attorney licensed to practice in the 29 state. Mediation shall be informally conducted without regard to the rules of evidence. 30 The peer review committee shall issue a determination with written findings and 31 decision and serve it on the licensee. The peer review committee may decide to
01 dismiss a complaint, subject to the approval of the board, refer the matter to the 02 disciplinary committee, or mediate the complaint. If mediation is successful, the 03 complaint shall be closed subject to the terms of the mediation and the approval of the 04 board. The board shall approve a mediated agreement under this subsection unless 05 good cause is shown that the agreement is contrary to law or the facts of the case. The 06 peer review committee may oversee a resolution that the parties agree on, including 07 refunds, payment of damages, release of claims, fines, disciplinary action, or other 08 action that is just and equitable under the circumstances. The peer review committee 09 proceedings and records are confidential and are not subject to the public records law 10 under AS 40.25.100 - 40.25.220. The committee may request the assistance of 11 counsel through the department and the Department of Law. 12 (f) Within 30 days after service of the peer review committee findings and 13 decision, a party to the peer review may appeal the peer review committee's findings 14 and decision to the board if the decision includes a recommendation for disciplinary 15 action by the board. The appeal shall be limited to a decision by the board of whether 16 sufficient evidence supported the findings and decision of the peer review committee. 17 An appeal to the board under this subsection does not disqualify the board from 18 reviewing further decisions on the matter. 19 (g) The board shall appoint a disciplinary committee made up of three actively 20 licensed dentists who have each been engaged in the practice of dentistry in the state 21 for at least five years in the same field as the licensee. The disciplinary committee 22 shall review complaints referred to it by a peer review committee or by the board. The 23 disciplinary committee is not bound by a peer review committee's findings in cases 24 that have involved peer review and may fully reconsider the issues and conduct an 25 evidentiary hearing consistent with the court rules of evidence and civil procedure. 26 The parties may be represented by counsel at a proceeding of the disciplinary 27 committee. After a hearing, the disciplinary committee shall issue written findings 28 and a decision that dismisses the case, accepts the findings of a peer review committee 29 with or without modification and orders disciplinary action, remands the matter back 30 to a peer review committee, or orders disciplinary action. The department shall 31 provide necessary staff to support the disciplinary committee except that disciplinary
01 and enforcement actions shall be taken only by a member of the disciplinary 02 committee, the peer review committee, or the board. Each member of the disciplinary 03 committee shall be present during the presentation of evidence in order to participate 04 in the decision on a matter. The disciplinary committee may resolve a complaint 05 through a stipulated agreement with the licensee in lieu of a hearing at any stage in the 06 proceedings. The committee may contract, subject to the approval of the board, with 07 independent legal counsel. 08 (h) Within 30 days after service of a disciplinary committee decision, a party 09 may appeal the decision to the board. The board shall conduct a review on the record 10 of the disciplinary committee and shall rule on the appeal by affirming the decision or 11 remanding the matter to the disciplinary committee with instructions. A party may 12 appeal a board decision to the superior court for a de novo hearing. 13 (i) Decisions made under this section shall be made by a quorum of the 14 committee membership. 15 (j) The disciplinary committee shall 16 (1) appoint and supervise department staff to assist a disciplinary 17 committee, subject to the approval of the board; 18 (2) supervise the investigation of complaints involving a licensee 19 except those required to be brought before a peer review committee; 20 (3) conduct disciplinary hearings and hire counsel for assistance or 21 request the department to provide counsel through the Department of Law, subject to 22 the approval of the board; 23 (4) review and modify the findings of fact, conclusions of law, and 24 recommendations of a peer review committee; 25 (5) recommend and impose discipline or order a complaint dismissed, 26 subject to board confirmation, within 90 days after concluding a hearing on a matter; 27 (6) issue a reprimand, subject to the approval of the board; 28 (7) maintain complete and confidential records of all disciplinary 29 matters in which the disciplinary committee participates; 30 (8) issue subpoenas requested by regulatory bodies in other 31 jurisdictions;
01 (9) consider and rule on prehearing motions under the Alaska Rules of 02 Civil Procedure or regulations adopted by the board. 03 (k) A licensee may appeal a decision of the disciplinary committee to the full 04 board by filing a written notice of appeal on a form provided by the board within 30 05 days after receiving notice of a decision of the disciplinary committee. The board 06 shall review the evidence and the conclusions and recommendations. The board shall 07 issue a written decision within 30 days after receiving the notice of appeal and shall 08 mail a copy of the decision to the licensee. A board decision under this section is a 09 final administrative decision subject to appeal to the superior court. Documents 10 pertaining to an administrative appeal are confidential, and the heading shall be styled 11 "in the matter of" followed by the licensee's initials. 12 (l) Evidence at any stage of a disciplinary proceeding may include testimony 13 of patients of the licensee and of expert witnesses. An expert shall be certified to 14 testify before the board only if the expert is a licensed dentist in good standing and is 15 actively engaged in the practice of dentistry. 16 (m) The attorney for the licensee is entitled to receive copies of all relevant 17 material, including names of witnesses and investigative records in the possession and 18 control of the board. The department shall provide copies to the licensee not later than 19 60 days before a disciplinary hearing. Failure to timely disclose relevant evidence 20 shall result in the exclusion of the nondisclosed evidence. 21 (n) Disciplinary committees and peer review committees established under 22 this section are review organizations for the purposes of AS 18.23.005 - 18.23.070. 23 * Sec. 15. AS 08.36.317 is amended to read: 24 Sec. 08.36.317. Civil fine authority. Notwithstanding AS 08.01.075(a), in a 25 disciplinary action, the board may impose a civil fine not to exceed $250,000 26 [$25,000] for each complaint resulting in a finding of a violation or violations of 27 this chapter or of a regulation adopted under this chapter. 28 * Sec. 16. AS 08.36.320 is amended by adding a new subsection to read: 29 (f) For purposes of implementing the board's power to summarily suspend a 30 license under AS 08.01.075(c), the term "clear and immediate danger to the public 31 health and safety" in AS 08.01.075(c), as applied to persons licensed under this
01 chapter, means that the licensee's physical or mental condition or professional 02 judgment is such that patients will likely suffer serious injury or death if the licensee is 03 permitted to continue to practice dentistry. Proof of "clear and immediate danger to 04 the public health and safety" shall be by clear and convincing evidence and shall be 05 based on verifiable recent harm to patients when there was a substantial probability of 06 death or serious personal injury to the patient. 07 * Sec. 17. AS 18.23.070(5) is amended to read: 08 (5) "review organization" means 09 (A) a hospital governing body or a committee whose 10 membership is limited to health care providers and administrative staff, except 11 where otherwise provided for by state or federal law, and that is established by 12 a hospital, by a clinic, by one or more state or local associations of health care 13 providers, by an organization of health care providers from a particular area or 14 medical institution, or by a professional standards review organization 15 established under 42 U.S.C. 1320c-1, to gather and review information relating 16 to the care and treatment of patients for the purposes of 17 (i) evaluating and improving the quality of health care 18 rendered in the area or medical institution; 19 (ii) reducing morbidity or mortality; 20 (iii) obtaining and disseminating statistics and 21 information relative to the treatment and prevention of diseases, illness, 22 and injuries; 23 (iv) developing and publishing guidelines showing the 24 norms of health care in the area or medical institution; 25 (v) developing and publishing guidelines designed to 26 keep the cost of health care within reasonable bounds; 27 (vi) reviewing the quality or cost of health care services 28 provided to enrollees of health maintenance organizations; 29 (vii) acting as a professional standards review 30 organization under 42 U.S.C. 1320c; 31 (viii) reviewing, ruling on, or advising on controversies,
01 disputes, or questions between a health insurance carrier or health 02 maintenance organization and one or more of its insured or enrollees; 03 between a professional licensing board, acting under its powers of 04 discipline or license revocation or suspension, and a health care 05 provider licensed by it when the matter is referred to a review 06 organization by the professional licensing board; between a health care 07 provider and the provider's patients concerning diagnosis, treatment, or 08 care, or a charge or fee; between a health care provider and a health 09 insurance carrier or health maintenance organization concerning a 10 charge or fee for health care services provided to an insured or enrollee; 11 or between a health care provider or the provider's patients and the 12 federal or a state or local government, or an agency of the federal or a 13 state or local government; 14 (ix) acting on the recommendation of a credential 15 review committee or a grievance committee; 16 (B) the State Medical Board established by AS 08.64.010; 17 (C) a committee established by the commissioner of health and 18 social services and approved by the State Medical Board to review public 19 health issues regarding morbidity or mortality; at least 75 percent of the 20 committee members must be health care providers; 21 (D) the Joint Commission on Accreditation of Healthcare 22 Organizations (JCAHO); 23 (E) the state Board of Dental Examiners established under 24 AS 08.36.010 and a disciplinary or peer review committee established by 25 the Board of Dental Examiners. 26 * Sec. 18. AS 44.64.030(a)(6) is amended to read: 27 (6) AS 08 (occupational licensing), other than AS 08.08, AS 08.32, 28 AS 08.36, and AS 08.62.046; 29 * Sec. 19. AS 44.62.330(a)(2) is repealed. 30 * Sec. 20. Sections 10 and 11, ch. 163, SLA 2004, are repealed. 31 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. AS 08.36.316, added by sec. 14 of this Act, applies to complaints 03 filed on or after the effective date of this Act. 04 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITIONAL PROVISION; BOARD MEMBERS. Notwithstanding 07 AS 08.36.010(a), as amended by sec. 6 of this Act, a member of the Board of Dental 08 Examiners who holds a position on the board on the day before the effective date of this Act 09 may continue to hold the position, subject to removal as provided by law, until the person's 10 term expires. Appointments occurring on or after the effective date of this Act are governed 11 by AS 08.36.010(a), as amended by sec. 6 of this Act, whether the appointment is for a new 12 term or to fill the unexpired portion of a term. 13 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 CONTINGENT RETROACTIVITY OF SECS. 5 AND 20. If this Act takes effect on 16 or after July 1, 2005, the repeal and reenactment of AS 08.32.171 by sec. 5 of this Act and the 17 repeal of secs. 10 and 11, ch. 163, SLA 2004, by sec. 20 of this Act are retroactive to July 1, 18 2005. 19 * Sec. 24. This Act takes effect immediately under AS 01.10.070(c).