00 SENATE CS FOR HOUSE BILL NO. 126(FIN) am S 01 "An Act relating to the Board of Professional Counselors; relating to licensing of 02 associate counselors; relating to marital and family therapists; relating to telehealth; 03 relating to review organizations and permitting an emergency medical services provider 04 to establish a review organization; relating to patient records; relating to disclosure and 05 reporting of health care services, prices, and fee information; relating to the health care 06 professionals workforce enhancement program; prohibiting unfair discrimination under 07 group health insurance against associate counselors; relating to medical assistance for 08 professional counseling services; relating to mental health professionals; relating to 09 health care provider liability; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 08.02.110(a) is amended to read: 12 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 01 language pathologist licensed under AS 08.11, a behavior analyst licensed under 02 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 03 professional or associate counselor licensed under AS 08.29, a dentist under 04 AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a massage therapist 05 licensed under AS 08.61, a marital and family therapist licensed under AS 08.63, a 06 medical practitioner or osteopath under AS 08.64, a direct-entry midwife certified 07 under AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an 08 optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 09 therapist or occupational therapist licensed under AS 08.84, a psychologist under 10 AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 11 professional identification appropriate letters or a title after that person's name that 12 represents the person's specific field of practice. The letters or title shall appear on all 13 signs, stationery, or other advertising in which the person offers or displays personal 14 professional services to the public. In addition, a person engaged in the practice of 15 medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 16 manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 17 relation to human health or disease and uses the letters "M.D." or the title "doctor" or 18 "physician" or another title that tends to show that the person is willing or qualified to 19 diagnose, treat, test, or counsel another person, shall clarify the letters or title by 20 adding the appropriate specialist designation, if any, such as "dermatologist," 21 "radiologist," "audiologist," "naturopath," or the like. 22 * Sec. 2. AS 08.02.130(j)(1) is amended to read: 23 (1) "health care provider" means 24 (A) an audiologist or speech-language pathologist licensed 25 under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 26 licensed under AS 08.20; a professional or associate counselor licensed under 27 AS 08.29; a dental hygienist licensed under AS 08.32; a dentist licensed under 28 AS 08.36; a dietitian or nutritionist licensed under AS 08.38; a naturopath 29 licensed under AS 08.45; a marital and family therapist licensed under 30 AS 08.63; a physician licensed under AS 08.64; a podiatrist, osteopath, or 31 physician assistant licensed under AS 08.64; a direct-entry midwife certified 01 under AS 08.65; a nurse licensed under AS 08.68; a dispensing optician 02 licensed under AS 08.71; an optometrist licensed under AS 08.72; a pharmacist 03 licensed under AS 08.80; a physical therapist or occupational therapist licensed 04 under AS 08.84; a psychologist or psychological associate licensed under 05 AS 08.86; or a social worker licensed under AS 08.95; or 06 (B) a physician licensed in another state; 07 * Sec. 3. AS 08.29.020(a) is amended to read: 08 (a) In addition to the duties specified in AS 08.01, the board shall 09 (1) license professional counselors and associate counselors, establish 10 criteria for supervisor certification and associate counselor licensure, and certify 11 approved counselor supervisors under this chapter; the board may provide for 12 licensure in areas of counseling specialization; 13 (2) establish continuing education requirements for the renewal of a 14 license under this chapter; 15 (3) adopt, by regulation, a code of ethics that must be observed by 16 persons licensed under this chapter; 17 (4) establish education and training requirements that must be met 18 before a professional counselor can administer and use assessment instruments 19 described in AS 08.29.490(1)(C); and 20 (5) enforce the provisions of this chapter and adopt regulations 21 necessary to carry out the board's duties under this chapter. 22 * Sec. 4. AS 08.29.100(a) is amended to read: 23 (a) A person who is not licensed under this chapter may not 24 (1) profess to be a licensed professional counselor, a professional 25 counselor, [OR] a licensed counselor, or an associate counselor; or 26 (2) make use of a title, words, letters, or abbreviations that may 27 reasonably be confused with the title of "licensed professional counselor," 28 "professional counselor," [OR] "licensed counselor, [.]" or "associate counselor." 29 * Sec. 5. AS 08.29.110(a) is amended to read: 30 (a) The board shall issue a professional counselor license to a person who 31 applies for the license, submits the required fee, [SUBMITS TWO LETTERS OF 01 RECOMMENDATION FROM PROFESSIONAL COUNSELORS WHO ARE 02 FAMILIAR WITH THE APPLICANT'S PRACTICE OF PROFESSIONAL 03 COUNSELING,] and presents evidence satisfactory to the board that the person 04 (1) is at least 18 years of age; 05 (2) is not under investigation in this or another jurisdiction for an act 06 that would constitute a violation of this chapter; 07 (3) has not had a license related to the practice of counseling, 08 psychology, marital and family therapy, or social work in this or another jurisdiction 09 suspended, revoked, or surrendered in lieu of discipline unless the license has been 10 fully reinstated in that jurisdiction; 11 (4) has passed a written examination as required by the board; the 12 board may provide that passing a nationally recognized examination for professional 13 counselors is sufficient to meet the examination requirement of this paragraph; 14 (5) has successfully completed either 15 (A) an earned doctoral degree in counseling or a related 16 professional field from a regionally or nationally accredited institution of 17 higher education approved by the board; or 18 (B) an earned master's degree in counseling or a related 19 professional field, from a regionally or nationally accredited institution of 20 higher education approved by the board, and at least 60 graduate semester 21 hours in counseling [DURING OR AFTER EARNING THE MASTER'S 22 DEGREE]; and 23 (6) has, after earning the degree required under either (5)(A) or (B) of 24 this subsection, successfully completed an associate counselor program authorized 25 in regulations of the board or completed [HAD] at least 3,000 hours of supervised 26 experience in the practice of professional counseling performed over a period of at 27 least two years under the supervision of a supervisor approved under regulations of 28 the board [AS 08.29.210], with at least 1,000 hours of direct counseling with 29 individuals, couples, families, or groups and at least 100 hours of direct [FACE-TO- 30 FACE] supervision [BY A SUPERVISOR] approved [UNDER AS 08.29.210 31 UNLESS,] under regulations of the board [, THE BOARD ALLOWS THE 01 SUPERVISION TO BE BY TELEPHONIC OR ELECTRONIC MEANS BECAUSE 02 OF THE REMOTE LOCATION OF THE COUNSELOR]. 03 * Sec. 6. AS 08.29.120(a) is amended to read: 04 (a) Except as provided in (b) of this section, the board may issue a license 05 under this chapter to a person who is licensed in another jurisdiction to practice as a 06 professional counselor or associate counselor [COUNSELING] if the board finds 07 that the other jurisdiction has substantially the same or higher licensure requirements 08 as this state. 09 * Sec. 7. AS 08.29.220 is amended to read: 10 Sec. 08.29.220. Disclosure statement. A client may not be charged a fee for 11 professional counseling services unless, before the performance of the services, the 12 client was furnished a copy of a professional disclosure statement that contained 13 (1) the name, title, business address, and business telephone number of 14 the professional counselor or associate counselor; 15 (2) a description of the formal professional education of the 16 professional counselor or associate counselor, including the institutions attended and 17 the degrees received from them; 18 (3) the [PROFESSIONAL COUNSELOR'S] areas of specialization 19 and the services available of the professional counselor or associate counselor; 20 (4) the [PROFESSIONAL COUNSELOR'S] fee schedule listed by 21 type of service or hourly rate of the professional counselor or associate counselor; 22 (5) at the bottom of the first page of the statement, the following 23 sentence: "This information is required by the Board of Professional Counselors which 24 regulates all licensed professional counselors and associate counselors," followed by 25 the name, address, and telephone number of the board's office. 26 * Sec. 8. AS 08.29.400(a) is amended to read: 27 (a) The board may impose a disciplinary sanction under AS 08.01.075 on a 28 person licensed under this chapter or deny a license to a person when the board finds 29 that the person 30 (1) has an addiction to, or severe dependency on, alcohol or other 31 drugs that impairs the person's ability to engage safely in the practice of professional 01 counseling; 02 (2) has been convicted of a felony and has not been sufficiently 03 rehabilitated to merit the public trust; 04 (3) used fraud, deception, misrepresentation, or bribery in securing a 05 license under this chapter or in obtaining permission to take an examination required 06 under this chapter; 07 (4) is incompetent or has committed misconduct, fraud, 08 misrepresentation, or dishonesty in the performance of the functions of a licensed 09 professional counselor or associate counselor; 10 (5) violated, or assisted another individual to violate, a provision of 11 this chapter or a regulation adopted under this chapter; 12 (6) impersonated a person who holds a license under this chapter; 13 (7) has had a license related to the practice of counseling, psychology, 14 marital and family therapy, or social work in this or another jurisdiction revoked, 15 suspended, limited, or surrendered in lieu of discipline upon grounds for which a 16 license issued under this chapter could be revoked, suspended, limited, or surrendered 17 in lieu of discipline; this paragraph does not apply to license actions for failure to pay 18 a renewal fee; 19 (8) assisted another person who is not licensed under this chapter in an 20 attempt to represent the person to the public as a licensed professional counselor or 21 associate counselor; 22 (9) was issued a license based on a material mistake of fact; 23 (10) used an advertisement or solicitation that is false, misleading, or 24 deceptive to the general public or the person to whom the advertisement was primarily 25 directed; or 26 (11) failed to respond within 30 days to a written communication from 27 the board concerning an investigation by the board or failed to make available to the 28 board a relevant record with respect to an investigation about the licensee's conduct or 29 background. 30 * Sec. 9. AS 08.63.100(a) is amended to read: 31 (a) The board shall issue a license to practice marital and family therapy to a 01 person who 02 (1) applies on a form provided by the board; 03 (2) pays the fee established under AS 08.01.065; 04 (3) furnishes evidence satisfactory to the board that the person 05 (A) has not engaged in conduct that is a ground for imposing 06 disciplinary sanctions under AS 08.63.210; 07 (B) holds a master's degree or doctorate in marital and family 08 therapy or allied mental health field from a regionally accredited educational 09 institution approved by the board for which the person completed a course of 10 study that included instruction substantially equivalent to the following: 11 (i) [THREE COURSES OR] nine semester or 12 12 quarter hours of course work in marital and family therapy; 13 (ii) [THREE COURSES OR] nine semester or 12 14 quarter hours of course work in marital and family studies; 15 (iii) [THREE COURSES OR] nine semester or 12 16 quarter hours of course work in human development; 17 (iv) [ONE COURSE OR] three semester or four quarter 18 hours of course work in professional studies or professional ethics and 19 law; 20 (v) [ONE COURSE OR] three semester or four quarter 21 hours of course work in research; and 22 (vi) nine semester or 12 quarter hours [ONE YEAR] 23 of supervised clinical practice in marital and family therapy; 24 (C) after receiving a degree described in (B) of this paragraph, 25 has practiced supervised marital and family therapy in this state or another 26 jurisdiction, including 1,700 hours of clinical contact with couples, 27 individuals, and families; the 1,700 hours of clinical contact must include at 28 least 29 (i) 100 hours of individual supervision approved by 30 the board; and 31 (ii) 100 hours of either individual or group 01 supervision, or a combination of those hours, approved by the board; 02 [THE 100 HOURS OF INDIVIDUAL SUPERVISION AND 100 03 HOURS OF GROUP SUPERVISION MAY BE CONDUCTED BY 04 ONE OR MORE SUPERVISORS;] 05 (D) has received training related to domestic violence; and 06 (E) has passed a written or oral examination administered by 07 the board. 08 * Sec. 10. AS 08.63.100(b) is amended to read: 09 (b) Under regulations adopted by the board, a person who holds a master's or 10 doctorate degree in marital and family therapy or allied mental health field from a 11 regionally accredited educational institution approved by the board, but whose course 12 of degree study did not include all the course work [COURSES] or clinical practice 13 requirements set out in (a)(3)(B) of this section may substitute post-degree course 14 work [COURSES] or practice, as approved by the board, to satisfy the requirements 15 of (a)(3)(B) of this section. 16 * Sec. 11. AS 08.63.110(c) is amended to read: 17 (c) A license for supervised practice expires four years from the date of 18 issuance but may be extended because of extenuating circumstances at the 19 discretion of the board [AND MAY NOT BE RENEWED]. 20 * Sec. 12. AS 08.63.900(6) is amended to read: 21 (6) "supervision" means synchronous [FACE-TO-FACE] 22 consultation, direction, review, evaluation, and assessment of the practice of the 23 person being supervised, including direct observation and the review of case 24 presentations, audio recordings [TAPES], and video recordings [TAPES]. 25 * Sec. 13. AS 08.86.180(d) is amended to read: 26 (d) Nothing in this section prohibits a licensed clinical social worker, a 27 licensed marital and family therapist, or a licensed professional or associate counselor 28 from holding out to the public by a title or description of services incorporating the 29 words "psychoanalysis," "psychoanalyst," "psychotherapy," "psychotherapist," or 30 "psychotherapeutic." 31 * Sec. 14. AS 09.65.300(a) is amended to read: 01 (a) Except as otherwise provided in this section, a health care provider who 02 provides health care services to another person is not liable for civil damages resulting 03 from an act or omission in providing the health care services if the health care 04 (1) provider is licensed in this state to provide health care services; in 05 this paragraph, "health care provider" includes a health care provider who holds a 06 temporary license or permit to practice as a health care provider; 07 (2) services provided were within the scope of the health care 08 provider's license; 09 (3) services were provided 10 (A) at a medical clinic, medical facility, nonprofit facility, 11 temporary emergency site, or other facility owned or operated by a 12 governmental entity or nonprofit organization and the health care provider was 13 acting within the scope of the provider's responsibilities in the medical clinic, 14 governmental entity, or nonprofit organization; or 15 (B) through telehealth under AS 08.02.130 while the health 16 care provider was located at a clinic, facility, or site listed in (A) of this 17 paragraph or the private office of the health care provider and the health 18 care provider was acting within the scope of the provider's responsibilities 19 at the clinic, facility, or site listed in (A) of this paragraph; 20 (4) services were provided voluntarily and without pay to the health 21 care provider for the services, except as provided in (b)(2) and (3) of this section; and 22 (5) provider 23 (A) obtains informed consent in writing from the person 24 receiving the health care services as described under AS 09.55.556, except in 25 the case of an emergency; 26 (B) provides the person receiving the health care services 27 advance written notice of the immunity provided under this section to a health 28 care provider when providing voluntary health care services as described under 29 this section; and 30 (C) provides the person receiving health care services with 31 written notice of the name of a licensed health care provider in the state that 01 the person receiving health care services may contact for emergency follow-up 02 care within 30 days after a procedure is performed. 03 * Sec. 15. AS 09.65.300(c)(1) is amended to read: 04 (1) "health care provider" means a physician, physician assistant, 05 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 06 practical nurse, advanced practice registered nurse, naturopath, physical therapist, 07 occupational therapist, marital and family therapist, psychologist, psychological 08 associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 09 athletic trainer, [OR] certified direct-entry midwife, licensed professional counselor, 10 or licensed associate counselor; 11 "* Sec. 16. AS 18.23.070(1) is amended to read: 12 (1) "administrative staff" means the staff of an agency, institution, or 13 organization that provides health care [A HOSPITAL OR CLINIC]; 14 * Sec. 17. AS 18.23.070(3) is amended to read: 15 (3) "health care provider" means an acupuncturist licensed under 16 AS 08.06; a chiropractor licensed under AS 08.20; a dental hygienist licensed under 17 AS 08.32; a dentist licensed under AS 08.36; a physician or podiatrist licensed 18 under AS 08.64; a nurse licensed under AS 08.68; a dispensing optician licensed 19 under AS 08.71; an optometrist licensed under AS 08.72; a pharmacist licensed under 20 AS 08.80; a physical therapist or occupational therapist licensed under AS 08.84; [A 21 PHYSICIAN LICENSED UNDER AS 08.64; A PODIATRIST;] a psychologist and a 22 psychological associate licensed under AS 08.86; an organization or government 23 agency that is certified or licensed to provide emergency medical services under 24 AS 18.08; a hospital as defined in AS 47.32.900, including a governmentally owned 25 or operated hospital; and an employee of a health care provider acting within the 26 course and scope of employment; 27 * Sec. 18. AS 18.23.070(5) is amended to read: 28 (5) "review organization" means 29 (A) a hospital governing body or a committee whose 30 membership is limited to health care providers and administrative staff, except 31 where otherwise provided for by state or federal law, and that is established by 01 a hospital, by a clinic, by one or more state or local associations of health care 02 providers, by an organization of health care providers from a particular area or 03 medical institution, by an organization or government agency that provides 04 emergency medical services, or by a professional standards review 05 organization established under 42 U.S.C. 1320c-1, to gather and review 06 information relating to the care and treatment of patients for the purposes of 07 (i) evaluating and improving the quality of health care 08 rendered in the area or medical institution; 09 (ii) reducing morbidity or mortality; 10 (iii) obtaining and disseminating statistics and 11 information relative to the treatment and prevention of diseases, illness, 12 and injuries; 13 (iv) developing and publishing guidelines showing the 14 norms of health care in the area or medical institution; 15 (v) developing and publishing guidelines designed to 16 keep the cost of health care within reasonable bounds; 17 (vi) reviewing the quality or cost of health care services 18 provided to enrollees of health maintenance organizations; 19 (vii) acting as a professional standards review 20 organization under 42 U.S.C. 1320c; 21 (viii) reviewing, ruling on, or advising on controversies, 22 disputes, or questions between a health insurance carrier or health 23 maintenance organization and one or more of its insured or enrollees; 24 between a professional licensing board, acting under its powers of 25 discipline or license revocation or suspension, and a health care 26 provider licensed by it when the matter is referred to a review 27 organization by the professional licensing board; between a health care 28 provider and the provider's patients concerning diagnosis, treatment, or 29 care, or a charge or fee; between a health care provider and a health 30 insurance carrier or health maintenance organization concerning a 31 charge or fee for health care services provided to an insured or enrollee; 01 or between a health care provider or the provider's patients and the 02 federal or a state or local government, or an agency of the federal or a 03 state or local government; 04 (ix) acting on the recommendation of a credential 05 review committee or a grievance committee; 06 (B) the State Medical Board established by AS 08.64.010; 07 (C) a committee established by the commissioner of health and 08 approved by the State Medical Board to review public health issues regarding 09 morbidity or mortality; at least 75 percent of the committee members must be 10 health care providers; 11 (D) the Joint Commission on Accreditation of Healthcare 12 Organizations (JCAHO). 13 * Sec. 19. AS 18.23.400(n)(3) is amended to read: 14 (3) "health care facility" means a private, municipal, or state hospital, 15 psychiatric hospital, emergency department, independent diagnostic testing facility, 16 residential psychiatric treatment center as defined in AS 47.32.900, kidney disease 17 treatment center (including freestanding hemodialysis units), office of a private 18 physician or dentist whether in individual or group practice, ambulatory surgical 19 center as defined in AS 47.32.900, freestanding birth center as defined in 20 AS 47.32.900, and rural health clinic as defined in AS 47.32.900; "health care facility" 21 does not include 22 (A) the Alaska Pioneers' Home and the Alaska Veterans' Home 23 administered by the department under AS 47.55; 24 (B) an assisted living home as defined in AS 47.33.990; 25 (C) a nursing facility licensed by the department to provide 26 long-term care; 27 (D) a facility operated by an Alaska tribal health organization; 28 [AND] 29 (E) a hospital operated by the United States Department of 30 Veterans Affairs or the United States Department of Defense, or any other 31 federally operated hospital or institution; or 01 (F) a hospital subject to 45 C.F.R. 180 as that section read 02 on the effective date of this Act or any other federal price transparency 03 requirements that are reasonably similar to or exceed the requirements in 04 this section;" 05 * Sec. 20. AS 18.29.190(9) is amended to read: 06 (9) "tier II health care professional" means a person who spends not 07 less than 50 percent of the person's time on direct patient health care services and who 08 is licensed or exempt from licensure in the state as a dental hygienist, advanced 09 practice registered nurse, registered nurse, physician assistant, physical therapist, 10 professional counselor, associate counselor, board certified behavior analyst, marital 11 and family therapist, clinical social worker, or other health care professional as 12 determined by the commissioner; 13 * Sec. 21. AS 21.36.090(d) is amended to read: 14 (d) Except to the extent necessary to comply with AS 21.42.365 and 15 AS 21.56, a person may not practice or permit unfair discrimination against a person 16 who provides a service covered under a group health insurance policy that extends 17 coverage on an expense incurred basis, or under a group service or indemnity type 18 contract issued by a health maintenance organization or a nonprofit corporation, if the 19 service is within the scope of the provider's occupational license. In this subsection, 20 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 21 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 22 physical therapist, occupational therapist, marital and family therapist, psychologist, 23 psychological associate, licensed clinical social worker, licensed professional 24 counselor, licensed associate counselor, certified direct-entry midwife, or dental 25 hygienist holding an advanced practice permit. 26 * Sec. 22. AS 47.07.900(16) is amended to read: 27 (16) "professional counseling services" means services within the 28 practice of professional counseling provided by a person licensed as a professional or 29 associate counselor under AS 08.29; professional counseling services may be 30 provided at a facility that is not a provider of clinic services. 31 * Sec. 23. AS 47.30.915(16) is amended to read: 01 (16) "mental health professional" means a psychiatrist or physician 02 who is licensed by the State Medical Board to practice in this state or is employed by 03 the federal government; a clinical psychologist licensed by the state Board of 04 Psychologist and Psychological Associate Examiners; a psychological associate 05 trained in clinical psychology and licensed by the Board of Psychologist and 06 Psychological Associate Examiners; an advanced practice registered nurse or a 07 registered nurse with a master's degree in psychiatric nursing, licensed by the State 08 Board of Nursing; a marital and family therapist licensed by the Board of Marital and 09 Family Therapy; a professional or associate counselor licensed by the Board of 10 Professional Counselors; a clinical social worker licensed by the Board of Social 11 Work Examiners; and a person who 12 (A) has a master's degree in the field of mental health; 13 (B) has at least 12 months of post-masters working experience 14 in the field of mental illness; and 15 (C) is working under the supervision of a type of licensee listed 16 in this paragraph; 17 * Sec. 24. AS 08.29.210; AS 08.63.130, and 08.63.900(3) are repealed. 18 * Sec. 25. Sections 16 - 19 of this Act take effect immediately under AS 01.10.070(c). 19 * Sec. 26. Except as provided in sec. 25 of this Act, this Act takes effect July 1, 2025.