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CSSB 297(L&C): "An Act relating to the licensing of chiropractors and to disciplinary actions against chiropractors."

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

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

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

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