00 HOUSE BILL NO. 423 01 "An Act relating to regulation of occupations; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.020 is amended to read: 05  Sec. 08.01.020. BOARD ORGANIZATION. Board members are appointed 06 by the governor and serve at the pleasure of the governor. If a particular 07 occupational license is required by law as a qualification for appointment to a 08 board, a person may not be appointed nor retain appointment to that position if 09 the person does not hold an active, valid state license in the specified occupation. 10 The [UNLESS OTHERWISE PROVIDED, THE] governor may designate the chair 11 of a board, and all other officers shall be elected by the board members. Unless 12 otherwise provided, officers of a board are the chair, vice-chair, and the secretary. A 13 board shall hold elections every two years. A board may provide by regulation that 14 three or more unexcused absences from meetings are cause for removal. 01 * Sec. 2. AS 08.01.030 is amended to read: 02  Sec. 08.01.030. QUORUM. A majority of the membership of a board 03 constitutes a quorum unless otherwise provided. For purposes of this section, 04 "membership" means the number of member positions set by law for a board. 05 * Sec. 3. AS 08.01.050(a) is amended to read: 06  (a) The department shall perform the following administrative and budgetary 07 services when appropriate: 08  (1) collect and record fees; 09  (2) maintain records and files; 10  (3) issue and receive application forms; 11  (4) notify applicants of acceptance or rejection as determined by the 12 board or as determined by the department under AS 08.06 for acupuncturists, under 13 AS 08.11 for audiologists, under AS 08.18 for contractors, under AS 08.45 for 14 naturopaths, or under AS 08.55 for hearing aid dealers; 15  (5) designate dates examinations are to be held and notify applicants; 16  (6) publish notice of examinations and proceedings; 17  (7) arrange space for holding examinations and proceedings; 18  (8) notify applicants of results of examinations; 19  (9) issue licenses or temporary licenses as authorized by the board or 20 as authorized by the department under AS 08.06 for acupuncturists, under AS 08.11 21 for audiologists, under AS 08.18 for contractors, under AS 08.45 for naturopaths, or 22 under AS 08.55 for hearing aid dealers; 23  (10) issue duplicate licenses upon submission of a written request by 24 the licensee attesting to loss of or the failure to receive the original and payment by 25 the licensee of a fee established by regulation adopted by the department; 26  (11) notify licensees of renewal dates at least 30 days before the 27 expiration date of their licenses; 28  (12) compile and maintain a current register of licensees; 29  (13) answer routine inquiries; 30  (14) maintain files relating to individual licensees; 31  (15) arrange for printing and advertising; 01  (16) purchase supplies; 02  (17) employ additional help when needed; 03  (18) perform other services that may be requested by the board; 04  (19) provide inspection, enforcement, and investigative services to the 05 boards and for the occupations listed in AS 08.01.010 [,] regarding all licenses issued 06 by or through the department; 07  (20) retain and safeguard the official seal of a board and prepare, sign, 08 and affix a board seal, as appropriate, for licenses approved by a board; 09  (21) issue business licenses under AS 43.70; and 10  (22) refer requests for administrative hearings to a hearing officer 11 for adjudication. 12 * Sec. 4. AS 08.01.070 is amended to read: 13  Sec. 08.01.070. ADMINISTRATIVE DUTIES OF BOARDS. Each board shall 14 perform the following duties in addition to those provided in its respective law: 15  (1) ensure that [TAKE] minutes and records of all proceedings are 16 maintained; 17  (2) hold a minimum of one meeting each year; the meeting may be 18 teleconferenced as provided in AS 44.62.310; 19  (3) publicly offer to hold at least one examination each year; 20  (4) refer to [REQUEST, THROUGH] the department violations of 21 statutes and regulations for [,] investigation [OF VIOLATIONS OF ITS LAWS 22 AND REGULATIONS]; 23  (5) prepare and grade, or contract through the department for the 24 preparation and grading of, board examinations; 25  (6) set minimum qualifications for applicants for examination and 26 license; 27  (7) [FORWARD A DRAFT OF THE MINUTES OF PROCEEDINGS 28 TO THE DEPARTMENT WITHIN 20 DAYS AFTER THE PROCEEDINGS; 29  (8)] forward results of board administered examinations to the 30 department within 20 days after the examination is given; 31  (8) [(9)] notify the department of meeting dates and agenda items at 01 least 30 [15] days before meetings and other proceedings are held; 02  (9) [(10)] submit on or before August 1 of each [THE END OF THE 03 FISCAL] year an annual performance report to the department stating the board's 04 accomplishments, activities, and needs; 05  (10) ensure that the licensing processes used by the board are in 06 compliance with 42 U.S.C. (Americans with Disabilities Act). 07 * Sec. 5. AS 08.01 is amended by adding new sections to read: 08  Sec. 08.01.071. GENERAL POWERS OF BOARDS AND THE 09 DEPARTMENT. (a) Within the authority otherwise granted in this title, a board may 10  (1) authorize the issuance of and establish the criteria for issuance, 11 renewal, and reinstatement of licenses for the practice of the occupation the board 12 regulates; 13  (2) adopt regulations applicable to the occupation the board regulates, 14 including, notwithstanding other provisions of law, regulations that are necessary to 15 meet federal requirements; and 16  (3) impose disciplinary sanctions on an individual licensed to practice 17 the occupation the board regulates. 18  (b) If there is no board for an occupation regulated under this title, the 19 department has the powers listed in (a) of this section regarding that occupation. 20  Sec. 08.01.072. GROUNDS FOR IMPOSITION OF DISCIPLINARY 21 SANCTIONS OR DENIAL OF LICENSE. (a) In addition to the disciplinary grounds 22 established by other provisions of law, a board may impose disciplinary sanctions on 23 a person licensed in the occupation the board regulates if the board finds that the 24 licensee 25  (1) obtained the license through deceit, fraud, or intentional 26 misrepresentation; 27  (2) engaged in deceit, fraud, or intentional misrepresentation while 28 providing services or engaging in activities related to the practice of the occupation; 29  (3) advertised services related to the practice of the occupation in a 30 false or misleading manner; 31  (4) has been convicted of a felony or of a lesser crime if the lesser 01 crime is related to qualifications, functions, or duties related to the practice of the 02 occupation; 03  (5) violated this chapter or a provision of the chapter regulating the 04 occupation for which the person is licensed, a regulation adopted under this chapter 05 or under the chapter regulating the occupation for which the person is licensed, or an 06 order of the board or the department; 07  (6) continued to practice the occupation after becoming unfit due to 08  (A) professional incompetence, negligence, or gross negligence; 09  (B) failure to keep informed of or use professional theories or 10 practices related to the practice of the occupation; 11  (C) addiction to, dependency on, or habitual use of alcohol or 12 a drug that impairs the licensee's ability to practice competently or safely; or 13  (D) physical or mental disability; 14  (7) permitted another person to use the license for any purpose; 15  (8) performed professional services, or permitted the performance of 16 professional services by persons under the licensee's supervision, that do not conform 17 to minimum standards of the occupation, regardless of whether actual injury occurred; 18  (9) has had, for any cause other than the failure to pay a fee, the 19 authority to practice the occupation in any licensing jurisdiction cancelled, revoked, 20 or suspended or the renewal of the authority to practice refused; 21  (10) engaged in lewd or immoral conduct that would constitute a crime 22 if the crime relates to qualifications, functions, or duties related to the practice of the 23 occupation; or 24  (11) engaged in unprofessional conduct as defined by regulations of the 25 board. 26  (b) If there is no board for an occupation regulated under this title, the 27 department may impose disciplinary sanctions on a licensee based on the grounds 28 listed in (a) of this section. 29  (c) A board may refuse to authorize the department to issue a license to an 30 applicant for the same reasons that the board may impose disciplinary sanctions under 31 (a) of this section. If there is no board for an occupation regulated under this title, the 01 department may refuse to issue a license for the same reasons that the department may 02 impose disciplinary sanctions under (b) of this section. A board or the department 03 may also suspend processing an application until the applicant has demonstrated that 04 the applicant is not the subject of an unresolved complaint, review procedure, or 05 disciplinary proceeding in another licensing jurisdiction. 06 * Sec. 6. AS 08.01.075(a) is amended to read: 07  (a) In addition to the disciplinary actions provided for by other provisions 08 of law, a [A] board may take the following disciplinary actions, singly or in 09 combination: 10  (1) [PERMANENTLY] revoke a license; 11  (2) suspend a license for a specified period; 12  (3) censure [OR REPRIMAND] a licensee; 13  (4) issue a private reprimand to a licensee; 14  (5) impose limitations or conditions on the [PROFESSIONAL] practice 15 of the occupation by a licensee; 16  (6) place a licensee on probation and require the licensee to 17  (A) report regularly to the board on matters relating to the 18 probation; 19  (B) limit practice of the occupation as ordered by the board; 20  (C) undertake and continue professional education as 21 ordered by the board until a satisfactory degree of skill has been attained 22 in the areas determined to need improvement; 23  (D) submit to peer review as ordered by the board; 24  (E) fulfill other conditions ordered by the board, including 25 payment of restitution, participation in evaluations by professionals for 26 substance abuse, mental health or medical problems, and completion of 27 any prescribed treatment or counseling programs; 28  (7) [(5) REQUIRE A LICENSEE TO SUBMIT TO PEER REVIEW; 29  (6) IMPOSE REQUIREMENTS FOR REMEDIAL PROFESSIONAL 30 EDUCATION TO CORRECT DEFICIENCIES IN THE EDUCATION, TRAINING, 31 AND SKILL OF THE LICENSEE; 01  (7) IMPOSE PROBATION REQUIRING A LICENSEE TO REPORT 02 REGULARLY TO THE BOARD ON MATTERS RELATED TO THE GROUNDS 03 FOR PROBATION; 04  (8)] impose a civil fine not to exceed $5,000 for each occurrence that 05 violates this chapter, the chapter regulating the occupation, or a regulation 06 adopted under either chapter; each day a violation continues after notice has been 07 given constitutes a separate violation. 08 * Sec. 7. AS 08.01.075(d) is amended to read: 09  (d) A board may reinstate a suspended or revoked license based on a petition 10 under AS 44.62.550 if, after a hearing, the board finds that the applicant is able to 11 practice the occupation [PROFESSION] with skill and safety. 12 * Sec. 8. AS 08.01.075 is amended by adding a new subsection to read: 13  (g) If there is no board for an occupation regulated under this title, the 14 department may exercise the power authorized to a board under this section. 15 * Sec. 9. AS 08.01 is amended by adding a new section to read: 16  Sec. 08.01.076. CRIMINAL PENALTY. In addition to the penalties that a 17 board or the department may assess or the court may impose under other provisions 18 of law, a person who violates a provision of this chapter or a provision of the chapter 19 regulating the occupation in which the person is licensed, a regulation adopted under 20 this chapter or under the chapter regulating the occupation in which the person is 21 licensed, or an order of the board or the department is guilty of a class B 22 misdemeanor. 23 * Sec. 10. AS 08.01 is amended by adding new sections to read: 24  Sec. 08.01.081. EXPIRED LICENSE. (a) If the licensee does not timely 25 submit an application for renewal of a license issued under this title, the license 26 expires. A licensee with an expired license may not practice the occupation for which 27 the license was issued until the license is reinstated by the department. 28  (b) The department may reinstate a license that has been expired for less than 29 five years upon receipt of 30  (1) an application for reinstatement; 31  (2) payment of all fees due under applicable regulations for the entire 01 period the license was expired, including a renewal penalty assessed under 02 AS 08.01.100; and 03  (3) presentation of proof satisfactory to the board, or the department 04 if no board exists for the occupation, that all continuing education requirements, 05 recency requirements, practice requirements, or other requirements for continued 06 licensure have been met by the licensee for the period that the license was expired. 07  Sec. 08.01.082. INACTIVE LICENSE AUTHORIZED; ACTIVE LICENSE 08 REQUIRED. (a) A licensee who does not practice the occupation in the state may 09 hold an inactive license under the terms set out in this section unless otherwise 10 provided in the chapter regulating the licensee's occupation. 11  (b) A licensee may request the department to convert an active license to an 12 inactive license only at the time of application for license renewal. The request must 13 be accompanied by 14  (1) payment of the inactive license renewal fee for that license period; 15 and 16  (2) proof of compliance with all other applicable licensing 17 requirements, including continuing education as required by the board, or the 18 department in the absence of a board. 19  (c) An inactive licensee may request the department to convert an inactive 20 license to an active license at any time. The request must be accompanied by 21  (1) payment of the remainder of the required active license renewal fee 22 for that license period; and 23  (2) proof of compliance with all other applicable licensing 24 requirements, including continuing education as applicable. 25  (d) Except as otherwise provided by law, a person may not practice in the 26 state, however infrequently, an occupation regulated under this title unless the person 27 has an active license issued under this title. 28 * Sec. 11. AS 08.01.087 is repealed and reenacted to read: 29  Sec. 08.01.087. POWERS AND DUTIES OF DEPARTMENT. (a) The 30 department may, upon receiving a complaint or when the department considers it in 31 the public interest, conduct investigations to determine whether a person regulated 01 under this title has violated a provision of this title, a regulation adopted under this 02 title, or a provision of AS 43.70, or to secure information useful in the administration 03 of this title. 04  (b) If it appears to the department that a person regulated under this title has 05 violated or is about to violate a provision of this title, a regulation adopted under this 06 title, an order issued under this title, or a provision of AS 43.70, the commissioner 07 may, if the commissioner considers it in the public interest, issue an order directing 08 the person to stop the violation. The stop order is effective immediately upon issuance. 09 A person to whom a stop order is issued is entitled to a hearing before the department 10 within 15 days after the person is served with the order. The commissioner shall issue 11 a final order affirming, modifying, or reversing the stop order within 10 days after the 12 hearing. If the person does not request a hearing within 15 days after being served 13 with the stop order, the order becomes final without further action. The department 14 shall provide a copy of the stop order to the appropriate board. 15  (c) The department may bring an action in the superior court to enjoin a 16 violation of this title or a violation of AS 43.70 by a person regulated under this title; 17 to enforce compliance with this title or, concerning a person regulated under this title, 18 compliance with AS 43.70; to enforce compliance with a regulation adopted under this 19 title or, concerning a person regulated under this title, adopted under AS 43.70; or to 20 enforce an order issued under this title or, concerning a person regulated under this 21 title, issued under AS 43.70. In an action brought by the department, the court may 22 assess civil fines not to exceed $5,000 for each act, practice, or omission that violates 23 this title or AS 43.70, a regulation adopted under this title or AS 43.70, or an order 24 issued under this title or AS 43.70. Evidence of a single act is sufficient to justify an 25 injunction and a civil fine without evidence of a general course of conduct. 26  (d) As the result of an active investigation, the department may examine or 27 have examined the books and records of a person whose business activities are 28 regulated under this title or AS 43.70 and may require the person to pay the reasonable 29 costs of the examination. 30  (e) The department may issue subpoenas for the attendance of witnesses and 31 the production of books, records, and other documents in support of an active 01 investigation. 02  (f) The department may provide, receive, and exchange confidential and public 03 information with licensing, medical assistance, tax, and law enforcement officials of 04 any jurisdiction including 05  (1) information concerning an applicant for a license under this title; 06  (2) information concerning disciplinary actions taken under this title, 07 under a regulation adopted under this title, or under authority of similar provisions in 08 other jurisdictions; 09  (3) information concerning investigations; and 10  (4) statistical information. 11  (g) In the course of an investigation, the department may require an applicant 12 for a license issued under this title to be fingerprinted to determine whether the 13 applicant has a record of criminal convictions in any jurisdiction relevant to 14 qualifications for licensure. The department or a board may use the information 15 obtained to make its determination of the applicant's qualifications for licensure. 16  (h) The department may adopt regulations that the department considers 17 reasonable and necessary to carry out the purposes of this title. 18  (i) The department may coordinate with or contract with public agencies and 19 private professional organizations to establish programs to assist and treat licensees 20 who abuse or are addicted to alcohol, drugs, or other substances. 21  (j) In the course of an investigation, the department may for good cause 22 require an individual who has applied for or been issued a license under this title to 23 submit to a physical or mental health examination to be performed by a licensed 24 professional selected by the department. The examination may require submission of 25 biological specimens as requested by the examining professional. The report of the 26 examining professional shall be submitted to the individual and to the department. The 27 report is a confidential record, not subject to disclosure under AS 09.25.110 - 28 09.25.220. 29  (k) The department may require a person who has applied for or been issued 30 a license under this title to submit to peer review. 31  (l) The department may employ hearing officers to conduct hearings under this 01 title in accordance with AS 44.62 (Administrative Procedure Act). 02 * Sec. 12. AS 08.01 is amended by adding new sections to read: 03  Sec. 08.01.088. SUBPOENA FOR PRODUCTION OF DOCUMENTS. (a) 04 The department may issue a subpoena for the production of documentary material 05 during the course of an investigation under this title. A subpoena may require the 06 production of documentary material of any kind that the department considers relevant 07 to the investigation. 08  (b) A subpoena for the production of documentary material must 09  (1) be in writing; 10  (2) state the general subject matter of the investigation; 11  (3) describe, with reasonable specificity so as to fairly indicate the 12 material required, the documentary material to be produced; 13  (4) set a return date within which the documentary material must be 14 produced; 15  (5) identify the department representative to whom the documentary 16 material is to be made available for inspection and copying; and 17  (6) be signed by the commissioner or the commissioner's designee. 18  (c) A subpoena for the production of documentary material may not 19  (1) require the production of documentary material that would be 20 privileged from disclosure if required by a subpoena issued by a court of this state; or 21  (2) contain a requirement that would be unreasonable or improper if 22 contained in a subpoena issued by a court of this state. 23  (d) Documentary material produced under a subpoena is confidential and may 24 not be produced for inspection or copying by any person, nor may its contents be 25 disclosed to any person except 26  (1) by order of a court of competent jurisdiction, issued for good cause 27 shown and upon the conditions that the court imposes; 28  (2) to the attorney general or the attorney general's designee, in 29 confidence; 30  (3) to licensing, tax, medical assistance, and law enforcement officers 31 of any jurisdiction, in confidence; or 01  (4) as the department considers reasonable and necessary in the 02 enforcement of this title, including presentation to a court, presentation to a board, 03 presentation to a hearing officer, or use in an administrative proceeding. 04  (e) At any time before the return date specified in the subpoena, or within 20 05 days after the date the demand was served, whichever is earlier, the person upon whom 06 the subpoena was served may petition the superior court, for good cause shown, to 07 extend the return date for, modify, or set aside the subpoena. 08  (f) A person served with a subpoena shall produce the material requested for 09 inspection and copying by the department at the time and place stated in the subpoena, 10 and shall fully and fairly comply with the terms of the subpoena, unless excused by 11 order of the superior court under (e) of this section. 12  (g) A person who avoids, prevents, or obstructs compliance, in whole or part, 13 with a subpoena issued under this section, or who removes from any place, conceals, 14 withholds, destroys, falsifies, mutilates, or alters documentary material that is the 15 subject of a subpoena, or who fails to produce documentary material requested at the 16 time, date, and place stated in the subpoena, is subject to applicable criminal penalty, 17 and to a civil fine by the superior court, upon petition of the department, of not more 18 than $5,000 for each act or occurrence. 19  Sec. 08.01.089. SUBPOENA FOR TESTIMONY UNDER OATH. (a) The 20 department may issue a subpoena for testimony under oath during the course of an 21 investigation under this title. A subpoena may require the testimony under oath of a 22 person whom the department considers to have information relevant to the 23 investigation. 24  (b) A subpoena for testimony under oath must 25  (1) be in writing; 26  (2) state the general subject matter of the investigation; 27  (3) name the person who is to appear and testify; 28  (4) specify a date, time, and place where the person will be examined; 29  (5) identify the department's representative, the attorney general, or the 30 attorney general's designee who will examine the witness; and 31  (6) be signed by the commissioner or the commissioner's designee. 01  (c) A subpoena for testimony under oath may not require testimony on matters 02 that would be privileged from disclosure in a court of this state. 03  (d) Testimony under oath given under a subpoena is confidential and may not 04 be divulged or disclosed except 05  (1) by order of a court of competent jurisdiction, issued for good cause 06 shown and upon the conditions that the court imposes; 07  (2) to the attorney general or the attorney general's designee, in 08 confidence; 09  (3) to licensing, tax, medical assistance, and law enforcement officers 10 of any jurisdiction, in confidence; or 11  (4) as the department considers reasonable and necessary in the 12 enforcement of this title, including presentation to a court, presentation to a board, 13 presentation to a hearing officer, or use in an administrative proceeding. 14  (e) At any time before the return date specified in the subpoena, or within 20 15 days after the date the subpoena is served, whichever is earlier, the person upon whom 16 the subpoena is served may petition the superior court, for good cause shown, to 17 extend the return date for, modify, or set aside the subpoena. 18  (f) A person served with a subpoena for testimony under oath shall appear and 19 be examined by the department, the department's representative, or by the attorney 20 general or the attorney general's designee, at the time and place stated in the subpoena, 21 and shall fully and fairly testify in compliance with the subpoena, unless excused by 22 order of the superior court under (e) of this section. 23  (g) A person who avoids, prevents, or obstructs compliance, in whole or part, 24 with a subpoena issued under this section, or who conceals, withholds, falsifies, or 25 alters testimony that is the subject of a subpoena issued under this section, or who fails 26 to appear for examination at the time, place, and date stated in the subpoena, is subject 27 to any applicable criminal penalty, and to a civil fine by the superior court, upon 28 petition of the department, of not more than $5,000 for each act or occurrence. 29 * Sec. 13. AS 08.01.090 is amended to read: 30  Sec. 08.01.090. [APPLICABILITY OF THE] ADMINISTRATIVE 31 PROCEEDINGS [PROCEDURE ACT]. AS 44.62 (Administrative Procedure Act) 01 [THE (AS 44.62)] applies to regulations adopted and proceedings held under this title 02 by a board or the department [CHAPTER], except that AS 44.62 does not apply 03 to proceedings [THOSE] under AS 08.01.087(b). 04 * Sec. 14. AS 08.01.090 is amended by adding new subsections to read: 05  (b) The department may employ or contract with a hearing officer who meets 06 the qualifications of AS 44.62.350 to conduct hearings under this title. 07 Notwithstanding AS 44.62.350(a) regarding assignment by the governor, the 08 commissioner or the commissioner's designee shall assign hearings and other duties 09 to hearing officers employed by or under contract with the department. 10  (c) The standard of proof in proceedings held under this title is proof by a 11 preponderance of the evidence. 12 * Sec. 15. AS 08.01 is amended by adding a new section to read: 13  Sec. 08.01.095. EXCLUSIONS. The authority, powers, and duties of the 14 department and the commissioner under this title do not extend to 15  (1) the Alaska Bar Association, the Alaska Bar Rules, or to matters 16 arising under AS 08.08 (Alaska Integrated Bar Act), including attorney discipline; or 17  (2) matters specifically assigned by this title to the Department of 18 Revenue, the Department of Public Safety, the Department of Labor, or another agency 19 of the state. 20 * Sec. 16. AS 08.01.100(b) is amended to read: 21  (b) A license subject to renewal shall be renewed on or before the date set by 22 the department. If the license is not renewed by the date set by the department, the 23 license expires under AS 08.01.081. Failure of the licensee to receive a license 24 renewal form does not exempt a licensee from applying to renew the license 25 [LAPSES]. In addition to renewal fees required for reinstatement of the expired 26 [LAPSED] license, the department may impose a [DELAYED] renewal penalty, 27 established by regulation, that shall be paid before a license that has expired [BEEN 28 LAPSED FOR MORE THAN 60 DAYS] may be renewed. [THE DEPARTMENT 29 MAY ADOPT A DELAYED RENEWAL PENALTY ONLY WITH THE 30 CONCURRENCE OF THE APPROPRIATE BOARD.] 31 * Sec. 17. AS 08.01.100(d) is repealed and reenacted to read: 01  (d) A suspended license is subject to expiration and shall be renewed as 02 provided in this section, but the renewal does not entitle the person while the license 03 remains suspended to practice the occupation or to engage in other activity or conduct 04 that violates the order or judgment that suspended the license. 05 * Sec. 18. AS 08.01.102 is amended to read: 06  Sec. 08.01.102. CITATION FOR UNLICENSED PRACTICE OR ACTIVITY. 07 The department may issue a citation for a violation of a license requirement for an 08 occupation covered under this chapter or a business activity subject to AS 43.70 if 09 there is probable cause to believe a person has practiced an occupation [A 10 PROFESSION] or engaged in business for which a license is required without a 11 current, valid [HOLDING THE] license that has not been suspended, revoked, or 12 obtained by fraud. Each day a violation continues after a citation for the violation 13 has been issued constitutes a separate violation. 14 * Sec. 19. AS 08.01.105 is repealed and reenacted to read: 15  Sec. 08.01.105. PENALTY FOR IMPROPER PAYMENT. An applicant shall 16 pay a penalty fee established by regulation by the department each time a negotiable 17 instrument is presented to the department in payment of an amount due and payment 18 is subsequently refused by the named payor. 19 * Sec. 20. AS 08.01.110(1) is amended to read: 20  (1) "board" means [INCLUDES] the boards and commissions listed in 21 AS 08.01.010; 22 * Sec. 21. AS 08.01.110(5) is amended to read: 23  (5) "licensee" means a person with [WHO HOLDS] a license issued 24 under this title; 25 * Sec. 22. AS 08.02.020 is amended to read: 26  Sec. 08.02.020. LIMITATION OF LIABILITY. An action may not be brought 27 against a person for damages resulting from 28  (1) the person's good faith performance of a duty, function, or activity 29 required as 30  (A) a member of, or witness before, a licensing board or peer 31 review committee established to review a licensing matter; 01  (B) a member of a committee appointed under AS 08.64.336(c); 02  (C) a contractor or agent of a contractor under AS 08.01.087(i) 03 [AS 08.01.050(d)] or AS 08.64.101(6); 04  (2) a recommendation or action in accordance with the prescribed 05 duties of a licensing board, peer review committee established to review a licensing 06 matter, committee appointed under AS 08.64.336(c), or contractor or agent of a 07 contractor under AS 08.01.087(i) [AS 08.01.050(d)] or AS 08.64.101(6) when the 08 person acts in the reasonable belief that the action or recommendation is warranted by 09 facts known to the person, board, peer review committee, committee appointed under 10 AS 08.64.336(c), or contractor or agent of the contractor under AS 08.01.087(i) 11 [AS 08.01.050(d)] or AS 08.64.101(6) after reasonable efforts to ascertain the facts 12 upon which the action or recommendation is made; or 13  (3) a report made in good faith to a public agency by the person, or 14 participation by the person in an investigation by a public agency or a judicial or 15 administrative proceeding relating to the report, if the report relates to the abuse of 16 alcohol, other drugs, or other substances by a person licensed under this title [BY A 17 BOARD LISTED IN AS 08.01.050(d)]. 18 * Sec. 23. AS 08.03.020 is amended by adding a new subsection to read: 19  (d) After the date that is one year after the termination of a board listed in 20 AS 08.03.010, other than the Board of Governors of the Alaska Bar Association, the 21 department may exercise the responsibilities and powers of the terminated board, 22 unless the licensing requirements related to that board have been repealed or the 23 powers of the board have been transferred to another entity by law. 24 * Sec. 24. AS 08.04.650 is amended to read: 25  Sec. 08.04.650. SINGLE ACT EVIDENCE OF PRACTICE. The display or 26 uttering by a person of a card, sign, advertisement or other printed, engraved, or 27 written instrument or device, bearing a person's name in conjunction with the words 28 "certified public accountant," or any abbreviation of that phrase, or with the words 29 "public accountant," or any abbreviation of that phrase, or any words or abbreviations 30 likely to be confused with any of them, is prima facie evidence [IN ANY ACTION 31 BROUGHT UNDER AS 08.04.630 OR 08.04.640] that the person whose name is 01 displayed caused the display or uttering of the card, sign, advertisement or written 02 instrument or device, and that the person is holding out to be a certified public 03 accountant or public accountant. In any action, evidence of the commission of a single 04 act prohibited by this chapter is sufficient to justify an injunction or a conviction 05 without evidence of a general course of conduct. 06 * Sec. 25. AS 08.13.070 is amended to read: 07  Sec. 08.13.070. LICENSE REQUIRED. A person may not 08  (1) practice barbering, hairdressing, or cosmetology without a license, 09 temporary license [PERMIT], or apprentice license [STUDENT PERMIT] unless 10 exempted under AS 08.13.160(d); 11  (2) practice barbering, hairdressing, or cosmetology except in a shop 12 or school licensed under this chapter unless exempted under AS 08.13.160(d) or 13 permitted under AS 08.13.160(e); 14  (3) open or conduct a school of barbering, hairdressing, or cosmetology 15 without a license; 16  (4) teach in a school of barbering, hairdressing, or cosmetology, or 17 supervise an apprentice without an instructor's license; 18  (5) operate a shop in violation of AS 08.13.120; 19  (6) permit an employee or other person being supervised who is not 20 exempted under AS 08.13.160(d) to practice barbering, hairdressing, or cosmetology 21 without a license, temporary license [PERMIT], or apprentice license [STUDENT 22 PERMIT]; 23  (7) permit the use of the person's license, temporary license [PERMIT], 24 or apprentice license [STUDENT PERMIT] by another person; 25  (8) obtain or attempt to obtain a license, temporary license [PERMIT], 26 or apprentice license [STUDENT PERMIT] by fraudulent means. 27 * Sec. 26. AS 08.13.130 is amended to read: 28  Sec. 08.13.130. DISPLAY OF LICENSE [OR PERMIT]. A practitioner shall 29 display the practitioner's license in a conspicuous location in the practitioner's place 30 of business. Each shop owner is responsible for the display of the licenses of 31 employees. A person holding an apprentice license or temporary license [A 01 STUDENT PERMIT OR TEMPORARY PERMIT] shall display the license [PERMIT] 02 in a conspicuous location in the school in which the person is enrolled or the shop in 03 which the apprentice works. The school or shop owner is responsible for the display 04 of a license [PERMIT] for each enrolled student or apprentice. 05 * Sec. 27. AS 08.13.160(d) is amended to read: 06  (d) The licensing [AND PERMIT] provisions of this chapter do not apply to 07  (1) a person practicing barbering, hairdressing, or cosmetology in a 08 community having a population of less than 1,000 people that is not within 25 miles 09 of a community of more than 1,000 people and who uses only chemicals available to 10 the general public; 11  (2) a shampoo person; 12  (3) a licensed health care professional; 13  (4) a person licensed by another licensing jurisdiction in a field of 14 practice licensed by this chapter while demonstrating techniques or products to persons 15 holding licenses [OR PERMITS] under this chapter. 16 * Sec. 28. AS 08.13.170 is amended to read: 17  Sec. 08.13.170. TEMPORARY AND APPRENTICE LICENSES 18 [PERMITS]. The department may [SHALL] issue a temporary license [PERMIT] to 19 an applicant for licensing who holds a license to practice as a barber, hairdresser, or 20 cosmetologist in another state. A temporary license [THE PERMIT] is valid for a 21 maximum of six months or until the board either issues a permanent license or rejects 22 the application. [THE BOARD SHALL ACT ON AN APPLICATION WITHIN SIX 23 MONTHS.] 24 * Sec. 29. AS 08.20.160 is amended to read: 25  Sec. 08.20.160. TEMPORARY LICENSES [PERMITS]. The Department 26 of Commerce and Economic Development may issue temporary licenses 27 [TEMPORARY PERMITS MAY BE ISSUED] to persons apparently qualified that 28 are valid until the next regular meeting of the board. 29 * Sec. 30. AS 08.32.070 is amended to read: 30  Sec. 08.32.070. [REGISTRATION AND] LICENSING OF DENTAL 31 HYGIENISTS. The Department of Commerce and Economic Development 01 [BOARD] shall [REGISTER EACH SUCCESSFUL APPLICANT AND] issue each 02 successful [THE] applicant a license upon authorization by the board and payment 03 of all required fees. 04 * Sec. 31. AS 08.40.190(c) is amended to read: 05  (c) Work within the exclusionary provisions of this section is nevertheless 06 subject to [THE] inspection by the Department of Labor [PROVISIONS OF 07 AS 08.40.070] and must follow the regulations regarding workmanship adopted by the 08 Department of Labor [DEPARTMENT]. 09 * Sec. 32. AS 08.42.070(b) is amended to read: 10  (b) The department shall examine each applicant under this section on the 11 following subjects: Alaska vital statistics law, the applicable provisions of this title 12 [CHAPTER], and the regulations adopted by the department under applicable 13 provisions of this title [CHAPTER]. 14 * Sec. 33. AS 08.48.051 is amended to read: 15  Sec. 08.48.051. ORGANIZATION AND MEETINGS. The board shall hold 16 at least four regular meetings each year. Special meetings may be held as the bylaws 17 of the board provide. [THE BOARD SHALL ELECT OR APPOINT ANNUALLY 18 FROM ITS MEMBERS THE FOLLOWING OFFICERS: PRESIDENT, 19 VICE-PRESIDENT AND SECRETARY. A QUORUM OF THE BOARD CONSISTS 20 OF NOT LESS THAN FIVE MEMBERS.] 21 * Sec. 34. AS 08.48.295(g) is amended to read: 22  (g) An action to enforce an order under this section may be combined with an 23 action for an injunction under AS 08.01.087(c) [AS 08.48.131]. 24 * Sec. 35. AS 08.62.130 is amended to read: 25  Sec. 08.62.130. EXPIRED [LAPSED] LICENSE. (a) Notwithstanding 26 AS 08.01.081, the [THE] board shall reinstate an expired [A LAPSED] marine pilot 27 license if, in addition to complying with the requirements of AS 08.01.100 28 [AS 08.01.100(a) - (c)] and AS 08.62.120, the pilot takes and passes a written and oral 29 examination if the license has been expired [LAPSED] one year or more. 30  (b) The board shall establish criteria for reinstatement of an expired [A 31 LAPSED] deputy marine pilot license. 01 * Sec. 36. AS 08.64.270 is amended to read: 02  Sec. 08.64.270. TEMPORARY LICENSES [PERMITS]. (a) The board may 03 issue a temporary license [PERMIT] to a physician applicant, osteopath applicant, or 04 podiatry applicant who meets the requirements of AS 08.64.200, 08.64.205, 08.64.209, 05 or 08.64.225 and pays the required fee. 06  (b) A temporary license [PERMIT] issued under this section is valid for six 07 months and shall be reviewed by the board at the next regularly scheduled board 08 meeting that occurs after its issuance. 09  (c) A temporary license [PERMIT] issued under this section may not be 10 renewed. 11  (d) The fee for a license [PERMIT] issued under this section is one-fourth of 12 the fee for a biennial license, plus the appropriate application fee. 13  (e) Upon application by the licensee [PERMITTEE] and approval of the board, 14 a temporary license [PERMIT] issued under this section may be converted to a 15 biennial license upon payment of the biennial fee minus the six-month license 16 [PERMIT] fee paid under (d) of this section, plus the appropriate application fee. 17 * Sec. 37. AS 08.64.272 is amended to read: 18  Sec. 08.64.272. TEMPORARY LICENSES FOR RESIDENCY AND 19 INTERNSHIP [PERMITS]. (a) A person may not serve as a resident or intern 20 without a temporary license [PERMIT] issued under this section. 21  (b) For the limited purpose of residency or internship, the board may issue a 22 residency or internship license [PERMIT] to an applicant without examination if the 23 applicant meets the requirements of AS 08.64.200(a)(1) and applicable regulations of 24 the board, meets the requirements of AS 08.64.279, pays the required fee, and has been 25 accepted by an eligible institution in the state for the purpose of residency or 26 internship. 27  (c) A temporary license [PERMIT] issued under this section is valid for the 28 period specified by the board, but not to exceed one year after the date of issue. 29 * Sec. 38. AS 08.64.275(a) is amended to read: 30  (a) A member of the board or its executive secretary may issue [GRANT] a 31 temporary license for locum tenens [PERMIT] to a physician or osteopath for the 01 purpose of substituting for another physician or osteopath licensed in this state. The 02 temporary license for locum tenens [PERMIT] is valid for 60 consecutive days. If 03 circumstances warrant, an extension of the temporary license for locum tenens 04 [PERMIT] may be granted by the board. 05 * Sec. 39. AS 08.64.275(d) is amended to read: 06  (d) Within 10 days after issuing the temporary license for locum tenens 07 [PERMIT HAS BEEN GRANTED], the board member shall forward to the department 08 a report of the issuance of the temporary license for locum tenens together with all 09 fees paid [PERMIT]. 10 * Sec. 40. AS 08.64.275(e) is amended to read: 11  (e) Temporary licenses [PERMITS] and extensions of temporary licenses 12 [PERMITS] issued under this section [TO AN INDIVIDUAL] are not valid for more 13 than 240 days during any consecutive 24 months. 14 * Sec. 41. AS 08.64.279 is amended to read: 15  Sec. 08.64.279. INTERVIEW REQUIRED FOR LICENSES [PERMITS]. An 16 applicant for a temporary license for residency or internship [AN INTERN 17 PERMIT, A RESIDENT PERMIT], or a temporary license [PERMIT] for locum 18 tenens practice, shall be interviewed in person by at least one member of the board, 19 the executive secretary of the board, or a person designated for that purpose by the 20 board. 21 * Sec. 42. AS 08.68.200 is amended to read: 22  Sec. 08.68.200. LICENSURE BY CREDENTIALS [LICENSE BY 23 ENDORSEMENT]. The board may issue a license by credentials [ENDORSEMENT] 24 to practice as a registered or practical nurse, whichever is appropriate, to an applicant 25 who 26  (1) is licensed as either a registered or practical nurse under the laws 27 of another state [,] if, in the opinion of the board, the applicant meets the qualifications 28 required for licensing in the state [,] and meets the requirements of AS 08.68.170; 29  (2) meets the requirements of AS 08.68.170 and has successfully 30 completed the Canadian Nurses' Association Testing Service examination if the board 31 determines it is comparable to the examination administered by this state; or 01  (3) has not worked as a nurse within the last five years [,] if the 02 applicant meets the continuing competency requirements of the board or completes a 03 course of study approved by the board. 04 * Sec. 43. AS 08.68.210(a) is amended to read: 05  (a) The board may issue a temporary license [PERMIT], nonrenewable and 06 valid for a period not exceeding four months, to an applicant for a license by 07 credentials [ENDORSEMENT] if the applicant 08  (1) submits proof satisfactory to the board that the applicant is currently 09 licensed in another state or Canadian province or Canadian territory that administers 10 an examination approved by the board under AS 08.68.200(2); [,] 11  (2) meets the requirements of AS 08.68.170; [,] and 12  (3) pays the required fee. 13 * Sec. 44. AS 08.68.400(a) is amended to read: 14  (a) This chapter does not apply to 15  (1) a qualified nurse licensed in another state employed by the United 16 States government [GOVERNMENT] or a bureau, or agency, or division of the 17 United States government [GOVERNMENT] while in the discharge of official duties; 18  (2) nursing service given temporarily in the event of a public 19 emergency, epidemic, or disaster; 20  (3) the practice of nursing by a student enrolled in a nursing education 21 program accredited by the board when the practice is in connection with the student's 22 course of study; 23  (4) the practice of nursing by an individual enrolled in an approved 24 program or course of study approved by the board to satisfy the requirements of 25 AS 08.01.071(a) [AS 08.68.251]; 26  (5) the practice of nursing by a nurse licensed in another state who 27 engages in nursing education or nursing consultation activities [,] if these activities and 28 contact with clients do not exceed 20 working days within a licensing period; or 29  (6) the practice of nursing by a nurse licensed in another state whose 30 employment responsibilities include transporting patients into, out of, or through this 31 state; however, this exception is valid for a period not to exceed 48 hours for each 01 transport. 02 * Sec. 45. AS 08.70.130 is amended to read: 03  Sec. 08.70.130. TEMPORARY [PROVISIONAL] LICENSES. (a) A 04 temporary [PROVISIONAL] license may be granted without examination to a person 05 who meets the standards adopted by the board under AS 08.70.050 and who is needed 06 to fill a vacancy in an administrative position. 07  (b) A temporary [PROVISIONAL] license is valid for six months and is 08 nonrenewable. 09 * Sec. 46. AS 08.71.080 is amended to read: 10  Sec. 08.71.080. LICENSE REQUIRED. A person may not act as a dispensing 11 optician in the state unless the person is licensed under this chapter. In order to be 12 licensed under this chapter, a person shall pass an examination given by the board, 13 unless the person is eligible for licensing without examination under AS 08.71.145 14 [AS 08.71.150]. A license shall be issued for (1) the dispensing of contact lenses, or 15 (2) the dispensing of other lenses, eyeglasses, spectacles, artificial eyes, and their 16 appurtenances, or (3) both. The board shall by endorsement on the license designate 17 for which aspect of dispensing opticianry the license is issued. The board shall license 18 successful examinees. 19 * Sec. 47. AS 08.71.090 is amended to read: 20  Sec. 08.71.090. CONTENT OF EXAMINATION. To be licensed as a 21 dispensing optician, a person, unless eligible for licensing without examination under 22 AS 08.71.145 [AS 08.71.150], shall pass an examination given by the board. At the 23 discretion of the board, the examination may test orally, in writing, or otherwise, 24 knowledge and skills in any or all of the following subjects: optics, anatomy, 25 laboratory technology, ophthalmic dispensing, contact lens technology, technical 26 mathematics and physics, and business concepts of optical dispensing. 27 * Sec. 48. AS 08.72.170(a) is amended to read: 28  (a) The board may authorize the department to issue a license by 29 credentials without [WAIVE THE] written [PORTION OF THE] examination to 30 [REQUIREMENT FOR] an applicant who: 31  (1) meets the qualifications of AS 08.72.140; 01  (2) holds a current license by examination in another state or a province 02 of Canada and has been established in lawful [ETHICAL] optometric practice for at 03 least three years before the application, or shows satisfactory evidence of having 04 passed the written portion of the examination given by the National Board of 05 Examiners in Optometry; and 06  (3) has not had a certificate or license revoked for cause in any state, 07 territory, or foreign country. 08 * Sec. 49. AS 08.72.270(a) is amended to read: 09  (a) A licensee [LICENSED OPTOMETRIST,] who temporarily practices 10 optometry away from the licensee's [OPTOMETRIST'S] regular place of business [,] 11 shall display a license issued under this chapter and deliver to each patient or person 12 fitted or supplied with glasses or contact lenses a receipt showing the licensee's 13 regular [OPTOMETRIST'S PERMANENT] place of business or post office address 14 and the amount charged. 15 * Sec. 50. AS 08.72.310 is amended to read: 16  Sec. 08.72.310. SHORT TITLE. This chapter may be cited as the Alaska 17 Optometry Law. 18 * Sec. 51. AS 08.80.030 is amended to read: 19  Sec. 08.80.030. POWERS OF THE BOARD. The board may 20  (1) [ELECT A PRESIDENT AND SECRETARY FROM ITS 21 MEMBERSHIP AND ADOPT RULES FOR THE CONDUCT OF ITS BUSINESS; 22  (2) EXAMINE APPLICANTS FOR REGISTRATION 23 AS PHARMACISTS; 24  (3)] assist the department in inspections and investigations for 25 violations of this chapter, or of any other state or federal statute relating to the practice 26 of pharmacy; 27  (2) [(4)] adopt regulations and do whatever else is necessary and 28 advisable to carry out the purposes of this chapter; 29  (3) license [(5) ADOPT REGULATIONS TO CARRY OUT THE 30 PURPOSES OF THIS CHAPTER; 31  (6) REGISTER] intern pharmacists and adopt regulations relating to 01 their minimum experience requirements; 02  (4) [(7)] adopt regulations to ensure adequate security for all dangerous 03 drugs; 04  (5) [(8)] adopt requirements for licensing in addition to the 05 requirements set out in this chapter. 06 * Sec. 52. AS 08.80.110 is amended to read: 07  Sec. 08.80.110. QUALIFICATIONS FOR LICENSURE [REGISTRATION]. 08 An applicant for licensure [REGISTRATION] as a pharmacist shall 09  (1) be fluent in the reading, writing, and speaking of the English 10 language; 11  (2) furnish the board with at least two affidavits from reputable 12 citizens, that the applicant has known for at least one year, attesting to the applicant's 13 good moral character and freedom from addiction to the use of drugs or alcoholic 14 liquors; 15  (3) be a graduate of a college of pharmacy recognized by the American 16 Council on Pharmaceutical Education or, if the applicant has received a bachelor of 17 science degree in pharmacy or an equivalent degree from an institution located outside 18 of the United States and its territories, possess the Foreign Pharmacy Graduate 19 Equivalency Committee certificate issued by the Foreign Pharmacy Graduate 20 Equivalency Committee of the National Association of Boards of Pharmacy 21 Foundation; 22  (4) pass an examination by a board of pharmacy which has been 23 approved by the National Association of Boards of Pharmacy; 24  (5) have completed at least 1,500 hours of internship training under the 25 direct supervision of a licensed pharmacist in a licensed pharmacy, 160 hours of which 26 must have been completed after graduation. 27 * Sec. 53. AS 08.80.155 is amended to read: 28  Sec. 08.80.155. TEMPORARY LICENSE FOR LOCUM TENENS 29 [EMERGENCY PERMIT]. (a) A [THE BOARD, OR A] member of the board [,] 30 may issue a temporary license for locum tenens [GRANT AN EMERGENCY 31 PERMIT] to a pharmacist for the purpose of providing services [COVERAGE] in a 01 pharmacy that is temporarily without the services of a pharmacist due to death, illness, 02 or other emergency circumstances. 03  (b) A pharmacist applying for a temporary license for locum tenens under 04 [(a) OF] this section shall submit proof that the pharmacist holds a license in good 05 standing in a state recognized by the National Association of Boards of Pharmacy, and 06 shall pay the fee required by the Department of Commerce and Economic 07 Development [UNDER AS 08.80.160]. 08  (c) A temporary license for locum tenens [PERMIT ISSUED UNDER THIS 09 SECTION] is valid for a period not to exceed 60 days. A temporary license for 10 locum tenens may be renewed once. 11 * Sec. 54. AS 08.80.155 is amended by adding a new subsection to read: 12  (d) Within 10 days after issuing or renewing a temporary license for locum 13 tenens, the board member shall forward to the Department of Commerce and Economic 14 Development a report of the issuance or renewal of the temporary license, together 15 with all fees paid. 16 * Sec. 55. AS 08.80.157(a) is amended to read: 17  (a) If an applicant furnishes proof satisfactory to the board that the applicant 18 is equipped with land, facilities, and equipment, in fee or leased, necessary to carry on 19 the business described in the application and the applicant complies with this chapter, 20 applicable regulations adopted by the board, and pays applicable fees [PROVIDED 21 FOR UNDER AS 08.80.160], the board may issue 22  (1) a wholesale drug dealer license to an applicant who manufactures 23 or distributes noncontrolled legend drugs to licensed retail pharmacists, dentists, 24 physicians, surgeons, or veterinarians, who may legally purchase noncontrolled legend 25 drugs at a wholesale level, or to government agencies that [WHICH] may legally 26 purchase noncontrolled legend drugs at a wholesale level; 27  (2) a wholesale drug dealer license to a qualified applicant who is in 28 compliance with the Federal Controlled Substance Act of 1969 as amended; or 29  (3) a license to a retail pharmacy. 30 * Sec. 56. AS 08.80.410 is amended to read: 31  Sec. 08.80.410. USE OF TITLE [TERM "PHARMACIST"] PROHIBITED. 01 A person may not assume or use the title "pharmacist," or any variation of the title, 02 or hold out to be a pharmacist, without being licensed as a pharmacist under this 03 chapter [REGISTERED]. 04 * Sec. 57. AS 08.84.032 is amended to read: 05  Sec. 08.84.032. FOREIGN-TRAINED APPLICANTS. (a) To be eligible for 06 licensure by the board as a physical therapist or physical therapy assistant, an applicant 07 who is a graduate of a school of physical therapy that is located outside of the United 08 States shall 09  (1) have completed, to the satisfaction of the board, a resident course 10 of study and professional instruction equivalent to that provided by a school approved 11 by the Council on Medical Education and Hospitals of the American Medical 12 Association or the American Physical Therapy Association, and furnish documentary 13 evidence of compliance with this paragraph, translated, if necessary, into the English 14 language by a person verifying the accuracy of the translations; 15  (2) have completed, to the satisfaction of the board, an internship under 16 the continuous direction and immediate supervision of a physical therapist in an 17 institution that ordinarily provides physical therapy and is approved by the board, for 18 that period of time specified by the board, and furnish documentary evidence of 19 compliance with this paragraph; 20  (3) pass an oral examination administered by a member of the board; 21  (4) have met applicable requirements under 8 U.S.C. 1101 - 1503 ( 22 [THE FEDERAL] Immigration and Nationality Act [(8 U.S.C. 1101 ET SEQ.]), unless 23 a United States citizen; 24  (5) pass the examination administered by the board under 25 AS 08.84.030(a)(2); and 26  (6) pay the fee required [UNDER AS 08.84.050]. 27  (b) To be eligible for licensure by the board as an occupational therapist or 28 occupational therapy assistant, an applicant who is a graduate of a school of 29 occupational therapy that is located outside of the United States shall 30  (1) have completed, to the satisfaction of the board, a resident course 31 of study and professional instruction equivalent to that provided by a curriculum 01 approved by the Committee of Allied Health Education and Accreditation of the 02 American Medical Association and the American Occupational Therapy Association, 03 and have furnished documentary evidence of compliance with this paragraph, 04 translated, if necessary, into the English language by a person verifying the accuracy 05 of the translations; 06  (2) have completed, to the satisfaction of the board, supervised field 07 work equivalent to that required under AS 08.84.030(b); 08  (3) have met applicable requirements under 8 U.S.C. 1101 - 1503 09 (Immigration and Nationality Act) unless a United States citizen; 10  (4) pass an examination administered or approved by the board under 11 AS 08.84.030; and 12  (5) pay the fee required [UNDER AS 08.84.050]. 13 * Sec. 58. AS 08.84.065 is amended to read: 14  Sec. 08.84.065. TEMPORARY LICENSE [PERMIT]. (a) The board may 15 issue a nonrenewable temporary license [PERMIT] to an applicant for a license 16 [LICENSURE] by [ACCEPTANCE OF] credentials or by examination who 17  (1) meets the requirements of 18  (A) AS 08.84.030(a)(1) or (b)(1); or 19  (B) AS 08.84.032(a)(2) and (4) or (b)(2) and (3); and 20  (2) pays the required fee. 21  (b) A temporary license [PERMIT] issued to an applicant for a license 22 [LICENSURE] by [ACCEPTANCE OF] credentials is valid for eight months or until 23 the board considers the applicant's application [FOR ACCEPTANCE OF 24 CREDENTIALS], whichever occurs first. 25  (c) A temporary license [PERMIT] issued to an applicant for [LICENSURE 26 AS] a physical therapist or physical therapy assistant license by examination is valid 27 for eight months or until the results of the first examination for which the applicant 28 is scheduled are published, whichever occurs first. If the applicant fails to take the 29 first examination for which the applicant is scheduled the applicant's temporary license 30 expires [PERMIT LAPSES] on the day of the examination. 31  (d) A temporary license [PERMIT] issued to an applicant who is a graduate 01 of a foreign school of physical therapy or occupational therapy located outside the 02 United States is valid until the results of the first examination for which the applicant 03 is scheduled are published following completion of the internship required under 04 AS 08.84.032. 05  (e) A temporary license [PERMIT] issued to an applicant for [LICENSURE 06 AS] an occupational therapist or occupational therapy assistant license by examination 07 is valid for eight months or until the results of the examination for which the applicant 08 is scheduled are published, whichever occurs first. If the applicant fails to take an 09 examination for which the applicant is scheduled the applicant's temporary license 10 expires [PERMIT LAPSES] on the day of the examination. 11 * Sec. 59. AS 08.84.075 is amended to read: 12  Sec. 08.84.075. TEMPORARY LICENSE FOR LOCUM TENENS 13 [LIMITED PERMIT]. (a) The board may issue a temporary license for locum 14 tenens [A LIMITED PERMIT] to a person to practice occupational therapy in the state 15 as a visiting, nonresident occupational therapist or occupational therapy assistant, if the 16 person 17  (1) applies on the form provided by the board; 18  (2) has not previously been denied occupational therapy licensure in the 19 state; 20  (3) is licensed to practice occupational therapy in another state or 21 satisfies the requirements for certification by the American Occupational Therapy 22 Association; 23  (4) provides proof satisfactory to the board that the person will not 24 practice in the state for more than 120 days in the calendar year for which the 25 temporary license for locum tenens [PERMIT] is issued; and 26  (5) pays the fee required [UNDER AS 08.84.050]. 27  (b) The board may issue a temporary license for locum tenens [LIMITED 28 PERMIT] to a person to practice physical therapy in the state as a visiting, nonresident 29 physical therapist or physical therapy 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 05 temporary license for locum tenens [PERMIT] is issued; and 06  (5) pays the fee required [UNDER AS 08.84.050]. 07  (c) A temporary license for locum tenens [LIMITED PERMIT] is valid for 08 a period not exceeding 120 days in a calendar year. 09  (d) A person may not receive more than three temporary licenses for locum 10 tenens for [LIMITED PERMITS TO PRACTICE] occupational therapy or physical 11 therapy during the person's lifetime. 12 * Sec. 60. AS 08.84.200 is amended to read: 13  Sec. 08.84.200. SHORT TITLE. This chapter may be cited as the Alaska 14 Physical Therapists and Occupational Therapists Practice Act. 15 * Sec. 61. AS 08.88.263 is amended to read: 16  Sec. 08.88.263. LICENSURE BY CREDENTIALS. The commission shall 17 authorize the Department of Commerce and Economic Development to issue an 18 equivalent license by credentials to a [LICENSE BY ENDORSEMENT. A] person 19 who holds a valid, active [REAL ESTATE] license issued by another state [SHALL 20 BE GRANTED AN EQUIVALENT ALASKA REAL ESTATE LICENSE] if that 21 person [:] 22  (1) passes the portion of the appropriate real estate examination given 23 under AS 08.88.181 [WHICH EXAMINES] on Alaska law, if any; [AND] 24  (2) meets the requirements of AS 08.88.171; and 25  (3) pays all required fees. 26 * Sec. 62. AS 08.98.040 is amended to read: 27  Sec. 08.98.040. BOARD MEETINGS. The board shall hold at least three 28 meetings each year. [THE BOARD MAY HOLD SPECIAL MEETINGS AT THE 29 CALL OF THE CHAIRMAN OR OF A MAJORITY OF THE MEMBERS. A 30 MAJORITY OF BOARD MEMBERS CONSTITUTES A QUORUM AND A 31 MAJORITY VOTE OF THOSE PRESENT IS THE DECISION OF THE BOARD.] 01 * Sec. 63. AS 08.98.180 is amended to read: 02  Sec. 08.98.180. TEMPORARY LICENSE. A person who meets the 03 requirements of AS 08.98.165(a)(1) and (5) is entitled to be temporarily licensed after 04 applying for examination [,] if the person works under the supervision of a licensed 05 veterinarian. A license issued under this section is valid until the results of the 06 examinations are published. A person may not receive more than one temporary 07 license. An application for a temporary license must be signed by the supervising 08 veterinarian and accompanied by the temporary license fee [REQUIRED UNDER 09 AS 08.98.190]. 10 * Sec. 64. AS 08.98.186 is amended to read: 11  Sec. 08.98.186. TEMPORARY LICENSE FOR LOCUM TENENS 12 [PERMIT]. (a) A member of the board may issue a temporary license for locum 13 tenens to a person licensed to practice veterinary medicine in another state to conduct 14 the practice of a person licensed under this chapter who is or will be absent from 15 practice if the applicant 16  (1) [WHO] meets the requirements of AS 08.98.165(a)(1) and (5); and 17  (2) pays all required fees [MAY BE GRANTED A TEMPORARY 18 PERMIT TO CONDUCT THE PRACTICE OF A PERSON LICENSED IN THE 19 STATE WHO IS ABSENT FROM PRACTICE]. 20  (b) An application for a temporary license for locum tenens shall be signed 21 by the person who is or will be absent from practice and by the applicant. A 22 temporary license for locum tenens [PERMIT] is valid for no longer than 60 23 consecutive days after issuance but may be renewed once by a board member. The 24 board member shall forward to the department a report of the issuance or 25 renewal of the temporary license for locum tenens, together with all fees paid, 26 within 10 days after issuing or renewing a temporary license. 27 * Sec. 65. AS 18.20.310(a) is amended to read: 28  (a) If the department finds that a nursing facility, or a partner, officer, director, 29 owner of five percent or more of the nursing facility's assets, or managing employee 30 of the nursing facility substantially failed or refused to comply with AS 08.68.340 31 [AS 08.68.340 - 08.68.390], AS 08.70, AS 18.20.010 - 18.20.130, AS 47.07, or with 01 a regulation adopted under any of those statutes, or, for a nursing facility that provides 02 Medicaid services under AS 47.07, failed or refused to comply with the Medicaid 03 requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended) 04 or a regulation adopted under that statute, the department may take the following 05 actions: 06  (1) ban the admission of new residents to the nursing facility; 07  (2) as provided in AS 18.20.320, deny payment under AS 47.07 and 08 AS 47.25.120 - 47.25.300 for any Medicaid or general relief-medical resident admitted 09 to the nursing facility after notice by the department of denial of payment; residents 10 who are eligible for Medicaid or general relief-medical are not responsible for payment 11 when the department takes action under this paragraph; 12  (3) assess a civil fine in accordance with AS 18.20.340; 13  (4) suspend or terminate the nursing facility's participation in the 14 Medicaid program; 15  (5) suspend, revoke, or refuse to renew the nursing facility's license 16 issued under this chapter; 17  (6) seek an appointment of temporary administration as provided in 18 AS 18.20.360 or of a receiver under AS 18.20.370; 19  (7) in case of an emergency, seek an order from the court either to 20 close the nursing facility or to transfer residents from that facility, or both. 21 * Sec. 66. AS 08.01.050(d); AS 08.04.030, 08.04.040, 08.04.050, 08.04.070(a), 22 08.04.070(g), 08.04.140, 08.04.190, 08.04.490, 08.04.495, 08.04.630, 08.04.640, 08.04.670; 23 AS 08.06.020, 08.06.090; AS 08.11.030, 08.11.110, 08.11.130; AS 08.13.050, 08.13.140, 24 08.13.150, 08.13.180, 08.13.185, 08.13.190; AS 08.20.025, 08.20.040, 08.20.050, 08.20.090, 25 08.20.110, 08.20.180, 08.20.210; AS 08.24.051, 08.24.100(b), 08.24.135, 08.24.200, 08.24.260, 26 08.24.270, 08.24.360; AS 08.32.071, 08.32.081, 08.32.165(a), 08.32.180, 08.32.185; 27 AS 08.36.020, 08.36.030, 08.36.050, 08.36.061, 08.36.070(a)(3), 08.36.080, 08.36.091, 28 08.36.250(a), 08.36.290, 08.36.340; AS 08.40.011(b), 08.40.070, 08.40.110, 08.40.135(b), 29 08.40.150, 08.40.180, 08.40.290, 08.40.310, 08.40.360, 08.40.380; AS 08.42.040, 08.42.120, 30 08.42.130; AS 08.45.020, 08.45.080, 08.45.090; AS 08.48.021, 08.48.041, 08.48.061, 31 08.48.071(a), 08.48.071(b), 08.48.071(c), 08.48.071(e), 08.48.071(f), 08.48.101, 08.48.121, 01 08.48.131, 08.48.141, 08.48.231, 08.48.265, 08.48.291; AS 08.54.450(a), 08.54.450(c), 02 08.54.530; AS 08.55.020, 08.55.040, 08.55.180; AS 08.62.020, 08.62.090(a), 08.62.090(b); 03 AS 08.63.040; AS 08.64.050, 08.64.070, 08.64.090, 08.64.100, 08.64.101(3), 08.64.110, 04 08.64.160, 08.64.313, 08.64.315, 08.64.338, 08.64.340; AS 08.68.070, 08.68.090, 05 08.68.100(a)(7), 08.68.140, 08.68.150, 08.68.210(b), 08.68.220, 08.68.251, 08.68.340(a)(1), 06 08.68.340(a)(5), 08.68.340(a)(6), 08.68.340(b), 08.68.340(c), 08.68.360, 08.68.370, 08.68.380, 07 08.68.390; AS 08.70.030, 08.70.040, 08.70.050(a)(5), 08.70.055, 08.70.090, 08.70.140, 08 08.70.150, 08.70.170; AS 08.71.040, 08.71.055, 08.71.100, 08.71.120, 08.71.130(c), 08.71.150, 09 08.71.180; AS 08.72.060(c), 08.72.150, 08.72.170(b), 08.72.181(c), 08.72.191, 08.72.230, 10 08.72.260, 08.72.270(b), 08.72.275(d), 08.72.280, 08.72.290; AS 08.80.020, 08.80.040, 11 08.80.050, 08.80.060, 08.80.070, 08.80.080, 08.80.105, 08.80.160, 08.80.440, 08.80.450, 12 08.80.460(a); AS 08.84.010(b)(6), 08.84.020, 08.84.040, 08.84.050, 08.84.080, 08.84.090, 13 08.84.100(b), 08.84.130, 08.84.140, 08.84.180; AS 08.86.040, 08.86.070(7), 08.86.080, 14 08.86.090, 08.86.100, 08.86.140, 08.86.210; AS 08.88.026, 08.88.037, 08.88.051(c), 08.88.061, 15 08.88.081, 08.88.111, 08.88.131, 08.88.141, 08.88.201, 08.88.221, 08.88.241; AS 08.92.020, 16 08.92.040(b), 08.92.050, 08.92.060(a), 08.92.080; AS 08.95.010(b); AS 08.98.050(a)(1), 17 08.98.050(a)(2), 08.98.050(a)(3), 08.98.050(a)(5), 08.98.050(a)(7), 08.98.070, 08.98.080, 18 08.98.090, 08.98.100, 08.98.150, 08.98.160, 08.98.190, and 08.98.200 are repealed. 19 * Sec. 67. REGULATIONS. Regulations authorized under changes made by this Act may 20 be adopted by the Department of Commerce and Economic Development or by a board listed 21 in AS 08.01.010, as appropriate. Regulations adopted under this section may not take effect 22 before January 1, 1995. 23 * Sec. 68. Section 67 of this Act takes effect immediately under AS 01.10.070(c). 24 * Sec. 69. Sections 1 - 66 of this Act take effect January 1, 1995.