HB 187: "An Act relating to professional and occupational licensing fees, including renewal fees, duplicate license fees, examination fees, instructor license fees, temporary license fees, continuing education course certification fees, out-of-state permit fees, delinquency fees, application fees, penalty fees, and trainee license fees; and providing for an effective date."
00 HOUSE BILL NO. 187 01 "An Act relating to professional and occupational licensing fees, including renewal fees, 02 duplicate license fees, examination fees, instructor license fees, temporary license fees, 03 continuing education course certification fees, out-of-state permit fees, delinquency fees, 04 application fees, penalty fees, and trainee license fees; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.01.050(a) is amended to read: 08 (a) The department shall perform the following administrative and budgetary 09 services when appropriate: 10 (1) collect and record fees; 11 (2) maintain records and files; 12 (3) issue and receive application forms; 13 (4) notify applicants of acceptance or rejection as determined by the
01 board or, for occupations or activities listed in AS 08.01.010 that are regulated directly 02 by the department, as determined by the department under applicable law; 03 (5) designate dates examinations are to be held and notify applicants; 04 (6) publish the notice of examinations and proceedings; 05 (7) arrange space for holding examinations and proceedings; 06 (8) notify applicants of results of examinations; 07 (9) issue licenses or temporary licenses as authorized by the board or, 08 for occupations or activities listed in AS 08.01.010 that are regulated directly by the 09 department, as authorized by the department under applicable law; 10 (10) issue duplicate licenses upon submission of a written request by 11 the licensee attesting to loss of or the failure to receive the original license and 12 payment of the fee required under AS 08.01.065 [BY THE LICENSEE OF A FEE 13 ESTABLISHED BY REGULATION ADOPTED BY THE DEPARTMENT]; 14 (11) notify licensees of renewal dates at least 30 days before the 15 expiration date of their licenses; 16 (12) compile and maintain a current register of licensees; 17 (13) answer routine inquiries; 18 (14) maintain files relating to individual licensees; 19 (15) arrange for printing and advertising; 20 (16) purchase supplies; 21 (17) employ additional help when needed; 22 (18) perform other services that may be requested by the board; 23 (19) provide inspection, enforcement, and investigative services to the 24 boards and for the occupations listed in AS 08.01.010 regarding all licenses issued by 25 or through the department; 26 (20) retain and safeguard the official seal of a board and prepare, sign, 27 and affix a board seal, as appropriate, for licenses approved by a board; 28 (21) issue business licenses under AS 43.70. 29 * Sec. 2. AS 08.01.063(a) is amended to read: 30 (a) Except as provided in (d) of this section, and notwithstanding another 31 provision of law, the department or appropriate board may issue a temporary courtesy
01 license to the spouse of an active duty member of the armed forces of the United 02 States if the spouse applies to the department or appropriate board in the manner 03 prescribed by the department or appropriate board. An application must include 04 evidence satisfactory to the department or appropriate board that the applicant 05 (1) is married to and living with a member of the armed forces of the 06 United States who is on active duty and assigned to a duty station in this state under 07 official active duty military orders; 08 (2) holds a current license or certificate in another state, district, or 09 territory of the United States with requirements that the department or appropriate 10 board determines are equivalent to those established under this title for that 11 occupation; 12 (3) if required by the department or appropriate board for obtaining a 13 license in the applicant's profession, has been fingerprinted and has provided the fees 14 required by the Department of Public Safety under AS 12.62.160 for criminal justice 15 information and a national criminal history record check; the fingerprints and fees 16 shall be forwarded to the Department of Public Safety to obtain a report of criminal 17 justice information under AS 12.62 and a national criminal history record check under 18 AS 12.62.400; 19 (4) has not committed an act in any jurisdiction that would have 20 constituted grounds for the refusal, suspension, or revocation of a license or certificate 21 to practice that occupation under this title at the time the act was committed; 22 (5) has not been disciplined by a licensing or credentialing entity in 23 another jurisdiction and is not the subject of an unresolved complaint, review 24 procedure, or disciplinary proceeding conducted by a licensing or credentialing entity 25 in another jurisdiction; and 26 (6) pays the [ANY] fees required under AS 08.01.065 [THIS TITLE]. 27 * Sec. 3. AS 08.01.065(a) is amended to read: 28 (a) The [EXCEPT FOR BUSINESS LICENSES, THE] department shall 29 adopt regulations that establish the amount and manner of payment of 30 [APPLICATION] fees for licensing groups [, EXAMINATION FEES, LICENSE 31 FEES, REGISTRATION FEES, PERMIT FEES, INVESTIGATION FEES, AND
01 ALL OTHER FEES AS APPROPRIATE FOR THE OCCUPATIONS] covered by 02 this chapter. 03 * Sec. 4. AS 08.01.065(c) is repealed and reenacted to read: 04 (c) The department shall establish by regulation fee levels under (a) of this 05 section for licensing groups so that the total amount of fees collected for a licensing 06 group and appropriated as program receipts and other appropriations approximately 07 equal the actual regulatory cost for the licensing group. In establishing fee levels, the 08 department may average the licensing group's revenues and expenses incurred in 09 current and prior biennial licensing cycles. The department may reduce a fee 10 calculated under this subsection if the department finds that the calculation would 11 result in a fee that is significantly higher than the same fee for the prior licensing 12 period. The department shall recover the resulting unreimbursed regulatory costs by 13 increasing the fees of the licensing group for future licensing periods. The department 14 shall post on its Internet website information regarding reductions in fee levels made 15 under this subsection. If a board regulates a licensing group, the department shall 16 consider recommendations of the board concerning the fee levels and regulatory costs 17 before revising fee schedules to comply with this subsection. In this subsection, 18 "regulatory costs" means expenses of the department that are attributable to regulation 19 of a licensing group and all expenses of a board that regulates the group. 20 * Sec. 5. AS 08.01.065(h) is amended to read: 21 (h) The regulatory costs for the licensing group regulated by the Board of 22 Barbers and Hairdressers under AS 08.13 must include the costs incurred by 23 [NOTWITHSTANDING (c) OF THIS SECTION, THE DEPARTMENT SHALL 24 ESTABLISH FEE LEVELS UNDER (a) OF THIS SECTION SO THAT THE 25 TOTAL AMOUNT OF FEES COLLECTED BY THE BOARD OF BARBERS AND 26 HAIRDRESSERS APPROXIMATELY EQUALS THE TOTAL REGULATORY 27 COSTS OF THE DEPARTMENT, THE BOARD, AND THE DEPARTMENT OF 28 ENVIRONMENTAL CONSERVATION FOR ALL OCCUPATIONS REGULATED 29 BY THE BOARD. FOR PURPOSES OF THIS SUBSECTION, THE 30 REGULATORY COSTS OF] the Department of Environmental Conservation for the 31 following:
01 (1) [THE OCCUPATIONS REGULATED BY THE BOARD 02 INCLUDE THE COST OF] inspections under AS 08.13.210(b); 03 (2) [, THE COST OF] developing and adopting regulations under 04 AS 44.46.020 for barbershop, hairdressing, manicuring, esthetics, body piercing, ear 05 piercing, and tattooing and permanent cosmetic coloring establishments; [,] and 06 (3) [THE COST TO THE DEPARTMENT OF ENVIRONMENTAL 07 CONSERVATION OF] enforcing the [THOSE] regulations described in (2) of this 08 subsection, except for the enforcement costs relating to ear piercing establishments. 09 [THE DEPARTMENT SHALL SET THE FEE LEVELS FOR THE ISSUANCE 10 AND RENEWAL OF A PRACTITIONER'S LICENSE ISSUED UNDER 11 AS 08.13.100 SO THAT THE LICENSE AND LICENSE RENEWAL FEES ARE 12 THE SAME FOR ALL OCCUPATIONS REGULATED BY THE BOARD OF 13 BARBERS AND HAIRDRESSERS.] 14 * Sec. 6. AS 08.01.075(e) is amended to read: 15 (e) A board may accept the voluntary surrender of a license. A license may not 16 be returned unless the board determines that the licensee is competent to resume 17 practice and the licensee pays the [APPROPRIATE RENEWAL] fee required by the 18 department under AS 08.01.065. 19 * Sec. 7. AS 08.01.110 is amended by adding a new paragraph to read: 20 (7) "licensing group" means 21 (A) for an occupation or profession regulated by a board or 22 commission under this title, all license types regulated by the board or 23 commission; or 24 (B) for an occupation or profession regulated by the 25 department, all license types regulated under a single chapter of this title. 26 * Sec. 8. AS 08.04.420(c) is amended to read: 27 (c) An individual who may engage in the practice of public accounting in this 28 state under (a) or (b) of this section is not required to provide a notice to the board, to 29 pay a fee to the department [BOARD], or to submit documentation to the board in 30 order to engage in the practice of public accounting in this state. The person may 31 engage in the practice of public accounting by mail, by telephone, by electronic
01 means, or in person. 02 * Sec. 9. AS 08.04.421(a) is amended to read: 03 (a) A legal entity that does not have an office in this state, that is authorized to 04 practice public accounting in another state, and that performs designated functions for 05 a client whose home office is located in this state may not engage in the practice of 06 public accounting in this state unless the legal entity has an out-of-state permit. To 07 obtain an out-of-state permit, the legal entity shall submit to the board 08 (1) a written notice on a form provided by the board; 09 (2) the fee required by the department under AS 08.01.065 10 [BOARD]; 11 (3) verification of the current authorization of the legal entity to 12 practice public accounting in the other state; and 13 (4) verification that the legal entity participates in a quality review 14 program comparable to the program required of entities registered under 15 AS 08.04.426. 16 * Sec. 10. AS 08.04.421(f) is amended to read: 17 (f) A legal entity who may engage in the practice of public accounting under 18 an out-of-state exemption is not required to provide a notice to the board, pay a fee to 19 the department [BOARD], or submit documentation to the board. The person may 20 engage in the practice of public accounting by mail, by telephone, by electronic 21 means, or in person. 22 * Sec. 11. AS 08.11.010 is amended to read: 23 Sec. 08.11.010. Qualifications for audiologist license. The department shall 24 issue a license to practice audiology to an individual who 25 (1) is 18 years of age or older; 26 (2) applies on a form provided by the department; 27 (3) pays the fee required under AS 08.01.065 [AS 08.11.050]; 28 (4) furnishes evidence satisfactory to the department that the person 29 (A) has not engaged in conduct that is a ground for imposing 30 disciplinary sanctions under AS 08.11.080; 31 (B) holds a master's degree or doctorate in audiology from an
01 accredited educational institution approved by the department; and either has 02 (i) a Certificate of Clinical Competence in Audiology 03 from the American Speech-Language-Hearing Association or the 04 equivalent of the certificate; or 05 (ii) practiced audiology for two years as of January 1, 06 1986, or is in the process of completing the year of supervised clinical 07 experience required for the Certificate of Clinical Competence of the 08 American Speech-Language-Hearing Association. 09 * Sec. 12. AS 08.11.015 is amended to read: 10 Sec. 08.11.015. Qualifications for speech-language pathologist license. The 11 department shall issue a license to practice speech-language pathology to an individual 12 who 13 (1) is 18 years of age or older; 14 (2) applies on a form provided by the department; 15 (3) pays the fee required under AS 08.01.065 [AS 08.11.050]; 16 (4) has not engaged in conduct that is a ground for imposing 17 disciplinary sanctions under AS 08.11.085; and 18 (5) furnishes evidence satisfactory to the department that the person 19 holds a Certificate of Clinical Competence in speech-language pathology from the 20 American Speech-Language-Hearing Association or the equivalent of the certificate. 21 * Sec. 13. AS 08.11.030(c) is amended to read: 22 (c) The department may reinstate a lapsed license or registration if the license 23 or registration has lapsed for less than two years and if the individual submits to the 24 department an application for renewal and pays the [A DELINQUENCY FEE IN 25 ADDITION TO THE RENEWAL] fee required under AS 08.01.065 and the 26 delayed renewal penalty fee established under AS 08.01.100(b), if the department 27 has established a delayed renewal penalty. 28 * Sec. 14. AS 08.11.040(b) is amended to read: 29 (b) If an audiologist or speech-language pathologist has more than one place 30 of business, the department shall, on request [AND PAYMENT OF A FEE], issue a 31 duplicate license for each place of business of the individual.
01 * Sec. 15. AS 08.13.100(e) is amended to read: 02 (e) A person licensed as an instructor is considered to be licensed as a 03 practitioner and is subject to the same requirements that a practitioner is subject to, in 04 the same area for which the person is licensed as an instructor [, EXCEPT THAT, 05 FOR PURPOSES OF SETTING FEES UNDER AS 08.01.065, THE DEPARTMENT 06 SHALL CONSIDER INSTRUCTORS TO BE AN OCCUPATION SEPARATE 07 FROM PRACTITIONERS]. An instructor license shall state the areas of practice 08 (barbering, hairdressing, manicuring, or esthetics) in which the licensee is qualified to 09 instruct and practice. 10 * Sec. 16. AS 08.13.175 is amended to read: 11 Sec. 08.13.175. Temporary license. A person who meets the requirements of 12 AS 08.13.080(a)(1), (2), (3), (4), or (6) is entitled to be temporarily licensed after 13 applying for examination under this chapter if the applicant works under the direct 14 supervision, and within the physical presence, of a person who is licensed in the area 15 of practice for which the applicant has applied for examination. A temporary license 16 issued under this section is valid for 120 days and is nonrenewable. A person may not 17 receive more than one temporary license for each area of practice licensed under this 18 chapter. An application for a temporary license must be signed by the supervising 19 licensee and accompanied by the temporary license fee required under AS 08.01.065 20 [AS 08.13.185]. 21 * Sec. 17. AS 08.18.025(c) is amended to read: 22 (c) The department may not renew an endorsement issued under this section 23 unless the applicant submits proof of continued competency relating to residential 24 contracting that satisfies the department. A lapsed endorsement may be reinstated, 25 within two years after the lapse, upon proof of continued competency, payment of the 26 [A RENEWAL] fee required by the department under AS 08.01.065 for the 27 intervening time period, and payment of any penalty fee established under 28 AS 08.01.100(b). If the endorsement has been lapsed for more than two years, the 29 department may not reinstate it until the person also passes the residential contractor 30 examination described in (b) of this section. 31 * Sec. 18. AS 08.24.140(a) is amended to read:
01 (a) The application for a license must be accompanied by 02 (1) fees required by AS 08.01.065 [IF IT IS AN ORIGINAL 03 APPLICATION, THE APPLICATION FEE; 04 (2) THE BIENNIAL LICENSE FEE FOR A COLLECTION 05 AGENCY FOR THE PRINCIPAL PLACE OF BUSINESS AND THE SAME 06 AMOUNT FOR EACH BRANCH OFFICE]; 07 (2) [(3)] a bond running to the state with a surety or sureties to the 08 satisfaction of the department, and conditioned that the licensee shall, within 30 days 09 after the close of each calendar or fiscal month, report and pay to the licensee's 10 customers the net proceeds due and payable of all collections made during the 11 calendar or fiscal month that exceed $20. 12 * Sec. 19. AS 08.24.370 is amended to read: 13 Sec. 08.24.370. Nonresidents. A nonresident may apply for and receive a 14 collection agency license or an operator license or both on the same basis as a resident. 15 [THE APPLICATION FEE AND THE BIENNIAL LICENSE FEE FOR A 16 NONRESIDENT OPERATOR OR NONRESIDENT AGENCY LICENSE ARE 17 DOUBLE THE SAME FEES ESTABLISHED BY REGULATIONS UNDER 18 AS 08.01.065 FOR A RESIDENT OPERATOR OR AGENCY.] 19 * Sec. 20. AS 08.32.081 is amended to read: 20 Sec. 08.32.081. Lapse and reinstatement of license. A licensed dental 21 hygienist who does not pay the [RENEWAL] fee required by the department under 22 AS 08.01.065 for a registration renewal [AS 08.32.071] forfeits the hygienist's 23 license. The board may reinstate the license without examination within two years of 24 the date on which payment was due upon written application, proof of continued 25 professional competence, and payment of all unpaid renewal fees and any penalty fee 26 established under AS 08.01.100(b). 27 * Sec. 21. AS 08.42.085(c) is amended to read: 28 (c) The department shall issue a permit valid for one year to an applicant who 29 meets the requirements of this section. The department shall renew a permit for one 30 year if the trainee applies for renewal on a form provided by the department and shows 31 that the training activity continues to satisfy the requirements of this section and pays
01 the fee required under AS 08.01.065 [. THE DEPARTMENT SHALL CHARGE A 02 FEE FOR PROCESSING APPLICATIONS AND RENEWALS UNDER THIS 03 SECTION THAT WILL BE SUFFICIENT TO COVER ADMINISTRATIVE 04 COSTS]. 05 * Sec. 22. AS 08.54.610(a) is amended to read: 06 (a) A natural person is entitled to a registered guide-outfitter license if the 07 person 08 (1) is 21 years of age or older; 09 (2) has practical field experience in the handling of firearms, hunting, 10 judging trophies, field preparation of meat and trophies, first aid, photography, and 11 related guiding and outfitting activities; 12 (3) either 13 (A) has passed the qualification examination prepared by the 14 board under AS 08.54.600; or 15 (B) provides evidence of 25 years of experience as a class-A 16 assistant guide or class-A assistant guide-outfitter; 17 (4) has passed a certification examination prepared by the board under 18 AS 08.54.600 for at least one game management unit; 19 (5) has legally hunted big game in the state for part of each of any five 20 years in a manner directly contributing to the person's experience and competency as a 21 guide; 22 (6) has been licensed as and performed the services of a class-A 23 assistant guide or assistant guide, or of a class-A assistant guide-outfitter or assistant 24 guide-outfitter under former AS 08.54.300 - 08.54.590, in the state for a part of each 25 of three years; 26 (7) is capable of performing the essential duties associated with 27 guiding and outfitting; 28 (8) has been favorably recommended in writing by eight big game 29 hunters whose recommendations have been solicited by the department from a list 30 provided by the applicant, including at least two favorable recommendations for each 31 year of any three years during which the person was a class-A assistant guide or
01 assistant guide, or a class-A assistant guide-outfitter or assistant guide-outfitter under 02 former AS 08.54.300 - 08.54.590; 03 (9) has provided proof of financial responsibility if required by the 04 department under AS 08.54.680; and 05 (10) has applied for a registered guide-outfitter license on a form 06 provided by the department and paid the [LICENSE APPLICATION FEE AND THE 07 REGISTERED GUIDE-OUTFITTER LICENSE] fee required under AS 08.01.065. 08 * Sec. 23. AS 08.54.610(b) is amended to read: 09 (b) A master guide-outfitter license authorizes a registered guide-outfitter to 10 use the title master guide-outfitter, but is for all other purposes under this chapter a 11 registered guide-outfitter license. A natural person is entitled to receive a renewable 12 master guide-outfitter license if the person 13 (1) is, at the time of application for a master guide-outfitter license, 14 licensed as a registered guide-outfitter under this section; 15 (2) has been licensed in this state as a registered guide or a guide- 16 outfitter, under former AS 08.54.010 - 08.54.240, former AS 08.54.300 - 08.54.590, or 17 this chapter, for at least 12 of the last 15 years, including the year immediately 18 preceding the year in which the person applies for a master guide-outfitter license; 19 (3) submits a list to the department of at least 25 clients for whom the 20 person has personally provided guiding or outfitting services and the person receives a 21 favorable evaluation from 10 of the clients selected from the list by the department; 22 and 23 (4) applies for a master guide-outfitter license on a form provided by 24 the department and pays the [APPLICATION] fee required under AS 08.01.065 [, IF 25 ANY]. 26 * Sec. 24. AS 08.54.640(b) is amended to read: 27 (b) A registered guide-outfitter license, class-A assistant guide license, or 28 assistant guide license issued under this chapter, or under former provisions of 29 AS 08.54.300 - 08.54.590, after May 16, 1992, is suspended if the person to whom the 30 license is issued subsequently becomes a law enforcement officer. A person whose 31 license is subject to suspension under this subsection shall notify the department that
01 the person has become a law enforcement officer within 30 days after becoming a law 02 enforcement officer. The suspension of a license under this subsection remains in 03 effect until three months have elapsed from the date on which the licensee provides 04 written notification to the department of the fact that the person is no longer a law 05 enforcement officer. A person whose license is suspended under this subsection is not 06 required to renew the license or pay license [RENEWAL] fees for the period of 07 suspension. Once a suspension of a license is terminated, the licensee may provide, 08 without further payment of a guide license fee, the guide services authorized by the 09 license for the remainder of the licensing period in which the suspension is terminated. 10 Notwithstanding other provisions of this subsection, if a person whose license is 11 suspended under this subsection fails to notify the department within one year after the 12 person is no longer a law enforcement officer, the person's license lapses and the 13 person is eligible for reissuance of the license only as provided in AS 08.54.670. The 14 board may adopt regulations to implement this subsection. 15 * Sec. 25. AS 08.55.010(c) is amended to read: 16 (c) If an individual licensed under this chapter has more than one place of 17 business, the department shall, on request [AND PAYMENT OF A FEE], issue a 18 duplicate license for each place of business of the individual. 19 * Sec. 26. AS 08.55.020(b) is amended to read: 20 (b) On or before the expiration of a license under this chapter, a licensee may 21 apply for renewal of the license, and the department shall renew the license if the 22 licensee pays the [RENEWAL] fee required by the department under 23 AS 08.01.065, has a current business license to act as a hearing aid dealer under 24 AS 43.70.020, and provides evidence satisfactory to the department that the individual 25 has not engaged in conduct that is a ground for imposing disciplinary sanctions under 26 AS 08.55.130. 27 * Sec. 27. AS 08.62.040(a) is amended to read: 28 (a) The board shall 29 (1) provide for the maintenance of efficient and competent pilotage 30 service on the inland and coastal water of and adjacent to the state to ensure 31 [ASSURE] the protection of shipping, the safety of human life and property, and the
01 protection of the marine environment; 02 (2) consistent with the law, adopt regulations, subject to AS 44.62 03 (Administrative Procedure Act), establishing the qualifications of and required 04 training for pilots and providing for the examination of pilots and the issuance of 05 original or renewal pilot licenses to qualified persons; 06 (3) keep a register of licensed pilots, licensed deputy pilots, and 07 agents; 08 (4) adopt regulations establishing 09 (A) pilotage regions in the state; 10 (B) the criteria for recommending [CONCURRING IN] the 11 amount of [LICENSE, APPLICATION, TRAINING, INVESTIGATION, 12 AND AUDIT] fees to [PROPOSED BY] the department under AS 08.01.065; 13 (C) the criteria for recognizing pilot organizations under 14 AS 08.62.175; 15 (5) make available, upon request, copies of this chapter and the 16 regulations adopted under this chapter; 17 (6) review and approve the articles, bylaws, and rules of pilot 18 organizations; 19 (7) audit a pilot organization or an individual pilot as necessary to 20 implement and enforce this chapter; 21 (8) review and approve training programs conducted by pilot 22 organizations; the board shall cooperate with the Department of Environmental 23 Conservation in the review and approval of training programs for pilots of tank 24 vessels; 25 (9) establish and publish the dates of future license examinations; and 26 (10) approve or disapprove rates for pilotage services as provided 27 under AS 08.62.046. 28 * Sec. 28. AS 08.65.050 is amended to read: 29 Sec. 08.65.050. Qualifications for license. The board shall issue a certificate 30 to practice direct-entry midwifery to a person who 31 (1) applies on a form provided by the board;
01 (2) pays the fee [FEES] required under AS 08.01.065 [AS 08.65.100]; 02 (3) furnishes evidence satisfactory to the board that the person has not 03 engaged in conduct that is a ground for imposing disciplinary sanctions under 04 AS 08.65.110; 05 (4) furnishes evidence satisfactory to the board that the person has 06 completed a course of study and supervised clinical experience; the study and 07 experience must be of at least one year's duration; 08 (5) successfully completes the examination required by the board. 09 * Sec. 29. AS 08.68.100(a) is amended to read: 10 (a) The board shall 11 (1) adopt regulations necessary to implement this chapter, including 12 regulations pertaining to practice as an advanced nurse practitioner and a nurse 13 anesthetist, and regulations necessary to implement AS 08.68.331 - 08.68.335 14 [AS 08.68.331 - 08.68.336] relating to certified nurse aides in order to protect the 15 health, safety, and welfare of clients served by nurse aides; 16 (2) approve curricula and adopt standards for basic education programs 17 that prepare persons for licensing under AS 08.68.190; 18 (3) provide for surveys of the basic nursing education programs in the 19 state at the times it considers necessary; 20 (4) approve education programs that meet the requirements of this 21 chapter and of the board, and deny, revoke, or suspend approval of education 22 programs for failure to meet the requirements; 23 (5) examine, license, and renew the licenses of qualified applicants; 24 (6) prescribe requirements for competence before a former nurse may 25 resume the practice of nursing under this chapter; 26 (7) define by regulation the qualifications and duties of the executive 27 secretary and delegate authority to the executive secretary that is necessary to conduct 28 board business; 29 (8) develop reasonable and uniform standards for nursing practice; 30 (9) publish advisory opinions regarding whether nursing practice 31 procedures or policies comply with acceptable standards of nursing practice as defined
01 under this chapter; 02 (10) require applicants under this chapter to submit fingerprints and the 03 fees required by the Department of Public Safety under AS 12.62.160 for criminal 04 justice information and a national criminal history record check; the department shall 05 submit the fingerprints and fees to the Department of Public Safety for a report of 06 criminal justice information under AS 12.62 and a national criminal history record 07 check under AS 12.62.400. 08 * Sec. 30. AS 08.68.251 is amended to read: 09 Sec. 08.68.251. Lapsed licenses. (a) A lapsed license may be reinstated if it 10 has not remained lapsed for more than five years by payment of the license fees for the 11 current renewal period and the delayed renewal penalty established under 12 AS 08.01.100(b), if a delayed renewal penalty has been established [FEE]. The 13 person seeking reinstatement shall meet the continuing competency requirements of 14 the board. 15 (b) If a license is lapsed for more than five years, 16 (1) the board shall require the applicant to complete a course of study 17 approved by the board or to pass an examination prescribed by the board, and to pay 18 the fee required under AS 08.01.065 [FEES PRESCRIBED BY THIS CHAPTER]; 19 or 20 (2) if the board determines that the person applying for reinstatement 21 was actively employed in nursing in another state during the time that the license has 22 lapsed in this state, the license that has lapsed may be reinstated by payment of fees as 23 required by (a) of this section. 24 * Sec. 31. AS 08.71.110(a) is amended to read: 25 (a) The department may issue a license to a person who 26 (1) has had education equivalent to four years attendance at a high 27 school; 28 (2) has either 29 (A) completed at least 1,800 hours of training as an apprentice 30 after registering with the department as an apprentice; or 31 (B) been engaged for at least 1,800 hours as a practicing
01 optician in good standing in a state, territory, district, or possession of the 02 United States; 03 (3) has passed the applicable examination required under 04 AS 08.71.090 with a score acceptable to the department; 05 (4) has passed a course designated in the department's regulations as 06 being acceptable; and 07 (5) has paid the [REQUIRED LICENSE] fee required under 08 AS 08.01.065. 09 * Sec. 32. AS 08.72.150 is amended to read: 10 Sec. 08.72.150. Application for examination and issuance of license. An 11 applicant shall apply for the examination by filing an application with the department 12 together with the examination fee by the deadline established by the department in 13 regulations. The department may require the applicant to submit a photograph of the 14 applicant for its files; however, the photograph may not be forwarded with the 15 application to the board for review. Upon successful completion of the examination by 16 the applicant and payment of the [LICENSE] fee required under AS 08.01.065, the 17 board shall issue a license to the successful applicant. The applicant may practice 18 optometry in the state upon receipt of the license. 19 * Sec. 33. AS 08.72.181(b) is amended to read: 20 (b) An optometrist licensed in this state and serving in the military service of 21 the United States, while in the discharge of official duties, may maintain eligibility to 22 practice in this state without paying a [RENEWAL] fee by registering the 23 optometrist's name and place of residence with the department. 24 * Sec. 34. AS 08.76.140(b) is amended to read: 25 (b) A person may renew a license under AS 08.01.100. [THE RENEWAL 26 FEE MUST BE EQUAL TO THE FEE ESTABLISHED UNDER AS 08.76.110(5).] 27 * Sec. 35. AS 08.76.140(c) is amended to read: 28 (c) Notwithstanding AS 08.01.100(b), if a person fails to renew a license 29 before the expiration date of the license, the person shall pay the department a delayed 30 renewal penalty [OF $100] in addition to the regular renewal fee required under 31 AS 08.01.065.
01 * Sec. 36. AS 08.84.032 is amended to read: 02 Sec. 08.84.032. Foreign-trained applicants. (a) To be eligible for licensure by 03 the board as a physical therapist or physical therapy assistant, an applicant who is a 04 graduate of a school of physical therapy that is located outside of the United States 05 shall 06 (1) have completed, to the satisfaction of the board, a resident course 07 of study and professional instruction equivalent to that provided by a school approved 08 by the Council on Medical Education and Hospitals of the American Medical 09 Association or the American Physical Therapy Association, and furnish documentary 10 evidence of compliance with this paragraph, translated, if necessary, into the English 11 language by a person verifying the accuracy of the translations; 12 (2) have completed, to the satisfaction of the board, an internship 13 under the continuous direction and immediate supervision of a physical therapist in an 14 institution that ordinarily provides physical therapy and is approved by the board, for 15 that period of time specified by the board, and furnish documentary evidence of 16 compliance with this paragraph; 17 (3) pass an examination recognized by the board that measures the 18 competence of the applicant in the English language; 19 (4) have met applicable requirements under the federal Immigration 20 and Nationality Act (8 U.S.C. 1101 et seq.), unless a United States citizen; 21 (5) pass the examination administered by the board under 22 AS 08.84.030(a)(2); and 23 (6) pay the fee required under AS 08.01.065 [AS 08.84.050]. 24 (b) To be eligible for licensure by the board as an occupational therapist or 25 occupational therapy assistant, an applicant who is a graduate of a school of 26 occupational therapy that is located outside of the United States shall 27 (1) have completed, to the satisfaction of the board, a resident course 28 of study and professional instruction equivalent to that provided by a curriculum 29 approved by the Committee of Allied Health Education and Accreditation of the 30 American Medical Association or the American Occupational Therapy Association, 31 and have furnished documentary evidence of compliance with this paragraph,
01 translated, if necessary, into the English language by a person verifying the accuracy 02 of the translations; 03 (2) have completed, to the satisfaction of the board, supervised field 04 work equivalent to that required under AS 08.84.030(b); 05 (3) pass an examination recognized by the board that measures the 06 competence of the applicant in the English language; 07 (4) have met applicable requirements under 8 U.S.C. 1101 - 1503 08 (Immigration and Nationality Act) unless a United States citizen; 09 (5) pass an examination administered or approved by the board under 10 AS 08.84.030; and 11 (6) pay the fee required under AS 08.01.065 [AS 08.84.050]. 12 * Sec. 37. AS 08.84.075(a) is amended to read: 13 (a) The board may issue a limited permit to a person to practice occupational 14 therapy in the state as a visiting, nonresident occupational therapist or occupational 15 therapy assistant, if the person 16 (1) applies on the form provided by the board; 17 (2) has not previously been denied occupational therapy licensure in 18 the state; 19 (3) is licensed to practice occupational therapy in another state or 20 satisfies the requirements for certification by the American Occupational Therapy 21 Association; 22 (4) provides proof satisfactory to the board that the person will not 23 practice in the state for more than 120 days in the calendar year for which the permit is 24 issued; and 25 (5) pays the fee required under AS 08.01.065 [AS 08.84.050]. 26 * Sec. 38. AS 08.84.075(b) is amended to read: 27 (b) The board may issue a limited permit to a person to practice physical 28 therapy in the state as a visiting, nonresident physical therapist or physical therapy 29 assistant, if the person 30 (1) applies on the form provided by the board; 31 (2) has not previously been denied physical therapy licensure in the
01 state; 02 (3) is licensed to practice physical therapy in another state; 03 (4) provides proof satisfactory to the board that the person will not 04 practice in the state for more than 120 days in the calendar year for which the permit is 05 issued; and 06 (5) pays the fee required under AS 08.01.065 [AS 08.84.050]. 07 * Sec. 39. AS 08.86.150 is amended to read: 08 Sec. 08.86.150. License by credentials. A person who is licensed or certified 09 as a psychologist by a licensing authority other than the state is entitled to be licensed 10 in the state without examination if the person applies on the proper application form, 11 submits proof of continued competence as required by regulation of the board, pays 12 the [CREDENTIAL REVIEW] fee required under AS 08.01.065, and the person 13 (1) holds a doctoral degree with primary emphasis on psychology that 14 satisfies the requirements of AS 08.86.130 and the examination and qualification 15 requirements for the person's out-of-state license or certificate were essentially similar 16 to or higher than the examination and qualification requirements for licensure under 17 this chapter; 18 (2) is a diplomat in good standing of the American Board of 19 Professional Psychology; or 20 (3) is certified or registered with a credentialing organization in 21 psychology approved by the board in regulation and with requirements essentially 22 similar to or higher than the requirements for licensure under this chapter. 23 * Sec. 40. AS 08.88.091(e) is amended to read: 24 (e) Except for a course described in (f)(1) or (3) of this section, in order for an 25 educational course to be recognized for credit under this section, AS 08.88.095, or 26 08.88.098, the course outline and the instructor of the course shall have been approved 27 by the commission or the commission's designee before the course is conducted. A 28 course outline or instructor is considered approved if the commission or the 29 commission's designee does not disapprove the outline or instructor within 45 days 30 after the date on which complete application was made for approval. Each approved 31 contact hour of a submitted course outline constitutes one credit hour of education
01 under (d) of this section, AS 08.88.095, or 08.88.098. The fee for continuing education 02 course certification [UNDER AS 08.88.221] and for course certification shall be 03 established by the department under AS 08.01.065 [UNDER AS 08.88.221 TO 04 SATISFY THE EDUCATIONAL REQUIREMENTS OF AS 08.88.095 AND 05 08.88.098 MUST BE BASED ON THE HOURS APPROVED FOR CREDIT, NOT 06 ON THE HOURS SUBMITTED]. 07 * Sec. 41. AS 08.88.241(a) is amended to read: 08 (a) A person whose real estate license has lapsed less than 24 months is 09 eligible for reinstatement of the license if the person provides the required application, 10 license fees, proof of continuing education as required by AS 08.88.091 for licensing 11 periods during which the license was inactive or lapsed, proof of completion of the 12 educational requirements under AS 08.88.095(a), if applicable, and the [ANY] fee 13 required under AS 08.01.065 [AS 08.88.221(12)]. 14 * Sec. 42. AS 08.95.125(a) is amended to read: 15 (a) On receipt of a completed application for a social worker license, a request 16 for a temporary license, and payment of the fee [APPLICATION FEE AND 17 TEMPORARY LICENSE FEE] determined under AS 08.01.065(c), the board, a 18 member of the board, or an employee of the department designated by the board may 19 issue a temporary license 20 (1) to use the title "master social worker" to an individual who 21 (A) satisfies the requirements of AS 08.95.110(a)(1) and (3); or 22 (B) satisfies the requirements of AS 08.95.120(a)(2) and (4) 23 and provides a photocopy, together with a sworn statement as to the copy's 24 veracity, of the applicant's current license as a master social worker in another 25 jurisdiction; 26 (2) to use the title "baccalaureate social worker" to an individual who 27 (A) satisfies the requirements of AS 08.95.110(a)(3) and (c)(2); 28 or 29 (B) satisfies the requirements of AS 08.95.120(a)(2) and (4) 30 and provides a photocopy, together with a sworn statement as to the copy's 31 veracity, of the applicant's current license as a baccalaureate social worker in
01 another jurisdiction. 02 * Sec. 43. AS 08.98.180 is amended to read: 03 Sec. 08.98.180. Temporary license. A person who meets the requirements of 04 AS 08.98.165(a)(1), (4), and (5) is entitled to be temporarily licensed after applying 05 for examination if the person works under the supervision of a licensed veterinarian. A 06 license issued under this section is valid until the results of the examinations are 07 published. A person may not receive more than one temporary license. An application 08 for a temporary license must be signed by the supervising veterinarian and 09 accompanied by the [TEMPORARY LICENSE] fee required under AS 08.01.065 10 [AS 08.98.190]. 11 * Sec. 44. AS 08.01.065(d), 08.01.065(f), 08.01.065(g), 08.01.065(i); AS 08.04.495; 12 AS 08.11.050; AS 08.13.185; AS 08.18.041(a); AS 08.20.185(b); AS 08.24.135; 13 AS 08.40.150, 08.40.310; AS 08.48.265; AS 08.54.770(a), 08.54.770(c), 08.54.770(d), 14 08.54.770(e); AS 08.55.040; AS 08.62.140(a); AS 08.64.315; AS 08.65.100; AS 08.68.220, 15 08.68.336; AS 08.70.150; AS 08.71.120; AS 08.72.191; AS 08.80.160; AS 08.84.050; 16 AS 08.86.140; AS 08.88.221; AS 08.92.020; and AS 08.98.190 are repealed. 17 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 20 Economic Development may immediately adopt regulations necessary to implement the 21 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 22 Procedure Act), but not before January 1, 2014. 23 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: CURRENT LICENSES. (a) A person who holds a valid license under 26 AS 08 issued before January 1, 2014, and whose license expires after January 1, 2014, is not 27 subject to the fee changes made under this Act until after that license expires. 28 (b) A person who holds a valid license under AS 08 issued before January 1, 2014, 29 and whose license expires on or after January 1, 2014, shall continue to pay any applicable 30 fees connected with that license as those fees existed on December 31, 2013, until the 31 expiration of that license.
01 * Sec. 47. Section 45 of this Act takes effect immediately under AS 01.10.070(c). 02 * Sec. 48. Except as provided in sec. 47 of this Act, this Act takes effect January 1, 2014.