HB 216: "An Act relating to professional licensing; relating to temporary licenses for some professions; relating to audiologists and speech-language pathologists; relating to the regulation of hair braiding; relating to the demonstration of traditional Alaska Native tattoo techniques; relating to home inspector licensing; relating to collection agency licensing; relating to hearing aid dealer licensing; repealing requirements for certification of professional geologists; repealing the requirements for registration of concert promoters; repealing the athletic commission; relating to boxing, sparring and wrestling contests, matches, and exhibitions; relating to dental radiological equipment; repealing certain oil and gas business bonding and cash deposit requirements; and providing for an effective date."
00 HOUSE BILL NO. 216 01 "An Act relating to professional licensing; relating to temporary licenses for some 02 professions; relating to audiologists and speech-language pathologists; relating to the 03 regulation of hair braiding; relating to the demonstration of traditional Alaska Native 04 tattoo techniques; relating to home inspector licensing; relating to collection agency 05 licensing; relating to hearing aid dealer licensing; repealing requirements for 06 certification of professional geologists; repealing the requirements for registration of 07 concert promoters; repealing the athletic commission; relating to boxing, sparring and 08 wrestling contests, matches, and exhibitions; relating to dental radiological equipment; 09 repealing certain oil and gas business bonding and cash deposit requirements; and 10 providing for an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 08.01.020 is amended to read:
01 Sec. 08.01.020. Board organization. Board members are appointed by the 02 governor and serve at the pleasure of the governor. Unless otherwise provided, the 03 governor may designate the chair of a board, and all other officers shall be elected by 04 the board members. Unless otherwise provided, officers of a board are the chair and 05 the secretary [. A BOARD MAY PROVIDE BY REGULATION THAT THREE OR 06 MORE UNEXCUSED ABSENCES FROM MEETINGS ARE CAUSE FOR 07 REMOVAL]. 08 * Sec. 2. AS 08.01.062 is repealed and reenacted to read: 09 Sec. 08.01.062. Temporary licenses. (a) Except as otherwise provided by law, 10 the department shall issue an applicant a temporary license under this section to 11 engage in a profession regulated under this chapter if 12 (1) the applicant 13 (A) is licensed or credentialed to practice the profession in 14 another state or territory of the United States or a foreign country, territory, or 15 province that 16 (i) has requirements for a license to practice the 17 profession that are substantially equivalent to or greater than the 18 requirements listed in the applicable chapter of this title; or 19 (ii) authorizes a scope of practice substantially 20 equivalent to the scope of practice of the corresponding license in the 21 state; 22 (B) meets the qualifications and requirements for a license as 23 listed in the applicable chapter of this title and resides in a state or territory of 24 the United States or in a foreign country, territory, or province that does not 25 license individuals to practice that profession; 26 (C) is awaiting the results of an examination required for 27 licensure in a profession regulated under this chapter and meets the remaining 28 qualifications and requirements listed in the applicable chapter; or 29 (D) if applicable, meets the qualifications and requirements for 30 a license under the applicable chapter of this title through military education, 31 training, and service under AS 08.01.064(a) and does not already hold a license
01 to practice that profession in another jurisdiction as a member of the armed 02 forces listed in AS 08.01.064(a)(2); 03 (2) at the time of the application, the applicant is not subject to 04 disciplinary action related to the profession in another jurisdiction or the subject of an 05 ongoing review or disciplinary proceeding by the profession's licensing entity in that 06 jurisdiction; 07 (3) within 10 years before submitting an application, the applicant has 08 not committed an act in another jurisdiction that would have constituted grounds for 09 the denial or revocation of a license, certificate, or permit to practice that occupation 10 under this title at the time the act was committed; and 11 (4) the applicable fees are paid. 12 (b) If the department or applicable board requires that an applicant for a 13 professional license undergo a criminal history record check, the applicant for a 14 temporary license will be subject to the same requirements. The department may 15 consider an application and grant a temporary license before obtaining any resulting 16 report. If the department subsequently receives criminal record information that would 17 authorize the department or board to take disciplinary action, the department or board 18 shall exercise that authority. 19 (c) A temporary license issued under this section is valid for 180 days. An 20 applicant may apply for one 180-day extension, which will be approved at the 21 department's discretion. 22 (d) Notwithstanding any other provision of law, a temporary license issued 23 under this section for an occupation listed in AS 08.01.010, excluding the professions 24 regulated under AS 08.54 and AS 08.62, satisfies the requirements to temporarily 25 practice the profession for which a license was granted within the scope designated by 26 the board or department. 27 (e) A temporary license holder may apply for a license with the department or 28 applicable board at any point. 29 (f) The department may exempt an applicant for a temporary license under 30 (a)(1)(C) of this section from the 180-day temporary license limitation in (c) of this 31 section if the applicant shows that the required professional training period is longer
01 than 180 days. 02 (g) The department shall set fees for temporary licenses under AS 08.01.065. 03 * Sec. 3. AS 08.01.064(c) is amended to read: 04 (c) The department [OR APPLICABLE BOARD] shall expedite the procedure 05 for issuance of a license or certificate under AS 08.01.062 [(b) OF THIS SECTION] 06 for an applicant who is on active duty or is the spouse of an active duty member of 07 the armed forces of the United States. 08 * Sec. 4. AS 08.01.065(h) is amended to read: 09 (h) Notwithstanding (c) of this section, the department shall establish fee 10 levels under (a) of this section so that the total amount of fees collected by the Board 11 of Barbers and Hairdressers approximately equals the total regulatory costs of the 12 department, the board, and the Department of Environmental Conservation for all 13 occupations regulated by the board. For purposes of this subsection, the regulatory 14 costs of the Department of Environmental Conservation for the occupations regulated 15 by the board include the cost of inspections under AS 08.13.210(b), the cost of 16 developing and adopting regulations under AS 44.46.020 for barbershop, hairdressing, 17 [HAIR BRAIDING,] manicuring, esthetics, body piercing, ear piercing, tattooing, and 18 permanent cosmetic coloring establishments, and the cost to the Department of 19 Environmental Conservation of enforcing the regulations for body piercing, tattooing, 20 and permanent cosmetic coloring establishments [. THE DEPARTMENT SHALL 21 SET THE FEE LEVELS FOR THE ISSUANCE AND RENEWAL OF A 22 PRACTITIONER'S LICENSE ISSUED UNDER AS 08.13.100 SO THAT THE 23 LICENSE AND LICENSE RENEWAL FEES ARE THE SAME FOR ALL 24 OCCUPATIONS REGULATED BY THE BOARD OF BARBERS AND 25 HAIRDRESSERS]. 26 * Sec. 5. AS 08.01.065 is amended by adding a new subsection to read: 27 (k) Notwithstanding (c) of this section, the department shall establish fee 28 levels under (a) of this section so that the total amount of fees collected by the Board 29 of Dental Examiners approximately equals the total regulatory costs of the department, 30 the board, and the Department of Health and Social Services for all occupations 31 regulated by the board. For purposes of this subsection, the regulatory costs of the
01 Department of Health and Social Services for the occupations regulated by the board 02 include the cost of inspecting dental radiological equipment under AS 08.36.075. 03 * Sec. 6. AS 08.01.077 is amended by adding new subsections to read: 04 (b) Notwithstanding any other provision of this title, a charge, indictment, or 05 arrest that does not lead to a conviction may not alone be grounds for denial or 06 nonrenewal of a license or for disciplinary action. 07 (c) Each licensing board and the department shall specify in regulation each 08 criminal conviction that will disqualify an applicant from obtaining or renewing a 09 license. Each licensing board and the department shall define good moral character 10 and moral turpitude in regulation if either standard is used by the licensing board or 11 department in determining whether to issue or renew a license. 12 (d) In determining whether to deny a license to an applicant with a criminal 13 conviction not listed in regulation under (c) of this section, the board or department 14 shall consider 15 (1) the nature and seriousness of the crime; 16 (2) the amount of time that has passed since the conviction; 17 (3) the relationship between the nature of the crime and the duties and 18 responsibilities of the occupation for which the license is sought; and 19 (4) evidence of rehabilitation or treatment undertaken by the applicant 20 since the conviction. 21 (e) An individual with a conviction of record may petition the licensing board 22 or department for a determination of whether the individual's conviction will 23 disqualify the individual from obtaining a license. The licensing board or department 24 may charge a reasonable fee for each petition. 25 (f) If denying an application, the board or the department must find, by 26 substantial evidence in light of the whole record, that an applicant's criminal 27 conviction is a disqualifying conviction and document how the conviction is related to 28 the duties and responsibilities of the licensed occupation. The board or department 29 shall make written findings for each of the factors under (d) of this section for 30 convictions not specified under (c) of this section. 31 (g) If the board or department denies an application based on an applicant's
01 prior criminal conviction, the board or department shall notify the applicant 02 (1) of the grounds and reasons for the denial or disqualification; 03 (2) of the applicant's right to a hearing; 04 (3) of the earliest date the applicant may reapply for the license; and 05 (4) that evidence of rehabilitation or treatment may be considered upon 06 reapplication. 07 * Sec. 7. AS 08.01.080 is amended to read: 08 Sec. 08.01.080. Department regulations. The department shall adopt 09 regulations to carry out the purposes of this chapter, including describing 10 (1) how an examination is to be conducted; 11 (2) what is contained in application forms; 12 (3) how a person applies for an examination or license; 13 (4) the attendance and participation thresholds for removal of a 14 board member. 15 * Sec. 8. AS 08.11.010 is amended by adding a new paragraph to read: 16 (5) meets any additional requirements provided in regulation adopted 17 by the department. 18 * Sec. 9. AS 08.11.015 is amended by adding a new paragraph to read: 19 (6) meets any additional requirements provided in regulation adopted 20 by the department. 21 * Sec. 10. AS 08.11.043(a) is amended to read: 22 (a) The department shall register an individual as a speech-language 23 pathologist assistant if the individual submits an application on a form approved by the 24 department, pays the required fee, and 25 (1) submits proof satisfactory to the department that the individual has 26 successfully completed 27 (A) an associate of applied science degree in disabilities with a 28 speech-language support emphasis [EITHER] from an [THE UNIVERSITY 29 OF ALASKA ANCHORAGE IN AFFILIATION WITH PRINCE WILLIAM 30 SOUND COMMUNITY COLLEGE OR FROM ANOTHER] approved 31 program; or
01 (B) a bachelor's degree in speech-language pathology from an 02 accredited institution; [AND] 03 (2) submits proof satisfactory to the department that the individual has 04 successfully completed 100 hours of field work supervised by a licensed speech- 05 language pathologist; and 06 (3) meets any additional requirements provided by the department 07 in regulation. 08 * Sec. 11. AS 08.11.070 is amended to read: 09 Sec. 08.11.070. Dealing in hearing aids. An audiologist may deal in hearing 10 aids as a hearing aid dealer without being licensed as a hearing aid dealer under 11 AS 08.55, but shall comply with AS 08.55.050, 08.55.070, 08.55.100, 08.55.110(a), 12 (b)(3), and (c) - (h) [08.55.110(b)(3) AND (c) - (h)], and 08.55.130(7) - (12) 13 [08.55.130(7) - (13)] when dealing in hearing aids. 14 * Sec. 12. AS 08.11.090(c) is amended to read: 15 (c) The department may summarily suspend a license or registration before 16 final hearing or during the appeals process if the department finds that the licensee or 17 registrant poses a clear and immediate danger to the public welfare and safety if the 18 licensee or registrant continues to practice. An individual whose license or 19 registration is suspended under this subsection is entitled to a hearing conducted by 20 the office of administrative hearings (AS 44.64.010) not later than seven days after the 21 effective date of the order. The individual may appeal the suspension after the hearing 22 to the superior court. 23 * Sec. 13. AS 08.11.200 is amended by adding a new paragraph to read: 24 (13) "field work" means engaging in activities permitted under 25 AS 08.11.042(d)(1) - (5) under the supervision of a licensed speech pathologist but 26 does not require observation hours. 27 * Sec. 14. AS 08.13.030(b) is amended to read: 28 (b) The board shall 29 (1) examine applicants and approve the issuance of licenses and 30 permits to practice; 31 (2) authorize the issuance of licenses for schools of barbering,
01 hairdressing, manicuring, and esthetics; 02 (3) develop written instructions and notices that tattooing, permanent 03 cosmetic coloring, and body piercing shop owners and practitioners are required to 04 give or display under AS 08.13.215; 05 (4) enforce the provisions of this chapter, regulations adopted under 06 this chapter, and regulations relating to barbering, hairdressing, [HAIR BRAIDING,] 07 manicuring, and esthetics adopted under AS 44.46.020(a)(5)(C). 08 * Sec. 15. AS 08.13.120(b) is amended to read: 09 (b) The regulations adopted under (a) of this section must include provisions 10 under which the board may issue a temporary shop license to a person who has a 11 license or temporary permit [UNDER THIS CHAPTER] to practice tattooing, 12 permanent cosmetic coloring, or body piercing. The temporary shop license authorized 13 under this subsection may only be issued to cover a site where the practitioner intends 14 to hold a workshop or to demonstrate techniques as part of a convention or other 15 special event, as defined by the board, that includes other practitioners of tattooing, 16 permanent cosmetic coloring, or body piercing. Each practitioner of tattooing, 17 permanent cosmetic coloring, or body piercing who holds a workshop or demonstrates 18 techniques at a convention or special event shall have a separate temporary shop 19 license and a license or temporary permit [UNDER THIS CHAPTER] to practice 20 tattooing, permanent cosmetic coloring, or body piercing. The board shall issue a 21 temporary shop license upon receipt of an application from a practitioner 22 demonstrating compliance with the regulations adopted under this section and 23 payment of the appropriate fee; however, the temporary shop license may be 24 summarily revoked, without refunding of the fee, if the Department of Environmental 25 Conservation determines after an inspection that the cleanliness or sanitation 26 conditions at the site covered by the temporary license pose a clear and immediate 27 danger to the public health or safety. A licensee may appeal a summary revocation 28 under this subsection to the superior court. 29 * Sec. 16. AS 08.13.150 is amended to read: 30 Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 31 or permit. The board may, in addition to the actions authorized under AS 08.01.075,
01 refuse, suspend, or revoke a license, temporary shop license, student permit, or 02 temporary license under AS 08.01.062 [, OR TEMPORARY PERMIT] for failure to 03 comply with this chapter, with a regulation adopted under this chapter, with a 04 regulation adopted by the Department of Environmental Conservation under 05 AS 44.46.020, or with an order of the board. 06 * Sec. 17. AS 08.13.160(d) is amended to read: 07 (d) The licensing and permit provisions of this chapter do not apply to 08 (1) a person practicing barbering, hairdressing, hair braiding, 09 manicuring, or esthetics in a community having a population of less than 1,000 people 10 that is not within 25 miles of a community of more than 1,000 people and who does 11 not use chemicals or uses only chemicals available to the general public; 12 (2) a licensed health care professional; 13 (3) a person licensed or permitted in another [BY ANOTHER 14 LICENSING] jurisdiction in a field of practice regulated [LICENSED] by this 15 chapter while demonstrating techniques or products to persons holding licenses or 16 permits under this chapter; 17 (4) a person practicing tattooing, permanent cosmetic coloring, or body 18 piercing solely on the person's own body; 19 (5) the practice of manicuring by a student as part of instruction in a 20 12-hour course approved under AS 08.13.110(d); 21 (6) a person demonstrating traditional Alaska Native tattoo 22 techniques at a special event who holds a temporary shop license issued under 23 AS 08.13.120(b). 24 * Sec. 18. AS 08.13.175 is amended to read: 25 Sec. 08.13.175. Temporary license. A person who receives a temporary 26 license under AS 08.01.062 must work [MEETS THE REQUIREMENTS OF 27 AS 08.13.080(a)(1), (2), (3), (4), OR (6) IS ENTITLED TO BE TEMPORARILY 28 LICENSED AFTER APPLYING FOR EXAMINATION UNDER THIS CHAPTER 29 IF THE APPLICANT WORKS] under the direct supervision, and within the physical 30 presence, of a person who is licensed in the area of practice for which the applicant 31 has applied for examination [. A TEMPORARY LICENSE ISSUED UNDER THIS
01 SECTION IS VALID FOR 120 DAYS AND IS NONRENEWABLE. A PERSON 02 MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE FOR EACH 03 AREA OF PRACTICE LICENSED UNDER THIS CHAPTER. AN APPLICATION 04 FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE SUPERVISING 05 LICENSEE AND ACCOMPANIED BY THE TEMPORARY LICENSE FEE 06 REQUIRED UNDER AS 08.13.185]. 07 * Sec. 19. AS 08.13.190(a) is amended to read: 08 (a) A person who practices barbering, hairdressing, hair braiding, esthetics, 09 tattooing, permanent cosmetic coloring, or body piercing, or operates a shop, or 10 operates a school of barbering, hairdressing, or esthetics, or teaches in a school of 11 barbering, hairdressing, or esthetics, without a license, [TEMPORARY PERMIT,] 12 temporary license under AS 08.01.062, or student permit and who is not exempt 13 under AS 08.13.120 or under AS 08.13.160(d) is guilty of a class B misdemeanor. 14 * Sec. 20. AS 08.13.195(f) is amended to read: 15 (f) If a person fails to pay a civil penalty not later than [WITHIN] 30 days 16 after entry of an order under (a) of this section, or if the order is stayed pending an 17 appeal, not later than [WITHIN] 10 days after the court enters a final judgment in 18 favor of the board of an order appealed under (e) of this section, the board shall notify 19 the attorney general. The attorney general may commence a civil action to recover the 20 amount of the penalty. 21 * Sec. 21. AS 08.18.022(a) is amended to read: 22 (a) The department shall issue a certificate of registration as a home inspector 23 for new homes, existing homes, or both, as appropriate, to an individual who 24 (1) passes the appropriate home inspection examination; for purposes 25 of this paragraph, the appropriate home inspection examination for an individual who 26 applies to be registered for inspection of 27 (A) existing homes is the examination offered by the American 28 Society of Home Inspectors [OR NATIONAL ASSOCIATION OF HOME 29 INSPECTORS]; 30 (B) new homes or for a joint registration is the examination 31 offered by the International Code Council;
01 (2) meets the educational and experience requirements adopted by the 02 department in regulations for the type of registration applied for; 03 (3) submits a complete application for registration either 04 (A) within three years after passing the examination required 05 under (1) of this subsection; or 06 (B) accompanied by documentation that the applicant has 07 completed continuing education requirements established by the department; 08 (4) within the seven years preceding the date of application, has not 09 been under a sentence for an offense related to forgery, theft in the first or second 10 degree, extortion, or defrauding creditors or for a felony involving dishonesty; 11 (5) has not had the authority to perform home inspections revoked in 12 this state or in another jurisdiction; 13 (6) is not the subject of an unresolved criminal complaint or 14 unresolved disciplinary action before a regulatory authority in this state or in another 15 jurisdiction related to real estate or home inspection matters; and 16 (7) pays the appropriate fees. 17 * Sec. 22. AS 08.18.031(c) is amended to read: 18 (c) A certificate of registration as a home inspector may not be renewed unless 19 the home inspector has complied with the continuing competency requirements 20 established by the department in regulation [. THE DEPARTMENT SHALL ADOPT 21 REGULATIONS ESTABLISHING THE CONTINUING COMPETENCY 22 REQUIREMENTS. THE DEPARTMENT SHALL REQUIRE AT LEAST EIGHT 23 HOURS OF CONTINUING COMPETENCY ACTIVITY FOR EACH LICENSING 24 PERIOD. THE REGULATIONS MUST PROVIDE THAT A CONTINUING 25 COMPETENCY ACTIVITY APPROVED BY ONE OF THE FOLLOWING 26 ENTITIES SATISFIES THE CONTINUING COMPETENCY REQUIREMENTS OF 27 THIS SUBSECTION IF THE ACTIVITY MEETS THE REQUIREMENTS 28 ESTABLISHED BY THE DEPARTMENT IN REGULATIONS ADOPTED UNDER 29 THIS SUBSECTION: 30 (1) ALASKA HOUSING FINANCE CORPORATION; 31 (2) UNIVERSITY OF ALASKA;
01 (3) AMERICAN SOCIETY OF HOME INSPECTORS ALASKA 02 CHAPTER; 03 (4) A CHAPTER OF THE INTERNATIONAL CODE COUNCIL 04 ALASKA; 05 (5) ALASKA STATE HOME BUILDING ASSOCIATION; OR 06 (6) A STATE AGENCY THAT OFFERS AN ACTIVITY THAT 07 MEETS THE REQUIREMENTS SET BY THE DEPARTMENT]. 08 * Sec. 23. AS 08.20.180(a) is amended to read: 09 (a) An applicant for an examination, reexamination, issuance of a temporary 10 permit under AS 08.01.062 [AS 08.20.160, ISSUANCE OF A LOCUM TENENS 11 PERMIT UNDER AS 08.20.163], issuance of a license by credentials under 12 AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 13 renewal of an active or inactive license shall pay a fee established under 14 AS 08.01.065. 15 * Sec. 24. AS 08.24.110 is amended to read: 16 Sec. 08.24.110. Qualification for operator's license. (a) To qualify for an 17 operator's license, the applicant shall 18 (1) be a high school graduate, or have the equivalent education of a 19 high school graduate; 20 (2) [BE OF GOOD MORAL CHARACTER; 21 (3)] not have been convicted of violating this chapter, nor have any 22 unsettled complaints under this chapter against the applicant; 23 (3) [(4)] not have been convicted of a felony or a crime of larceny or 24 embezzlement or a crime involving moral turpitude within 10 years before applying; 25 (4) [(5)] be 19 years of age or older at the time of application; 26 (5) [(6)] not be a disbarred attorney [OR HAVE FILED 27 BANKRUPTCY]; 28 (6) [(7)] pay the biennial license fee. 29 (b) The commissioner may waive or modify the requirements specified in 30 (a)(1) - (3) and (5) [(a)(1), (3), (4) AND (6)] of this section for good cause shown. 31 * Sec. 25. AS 08.24.240 is amended to read:
01 Sec. 08.24.240. Failure to file statement. If the annual statement of collection 02 is not filed as required under AS 08.24.210, the failure to file constitutes grounds for 03 the immediate suspension of the collection agency license of the licensee failing to file 04 the statement, and the department shall notify the licensee [BY REGISTERED OR 05 CERTIFIED MAIL] that the license of the licensee will be suspended upon the 06 expiration of 30  days after the date on which the notice was mailed unless the 07 licensee complies with the provisions of AS 08.24.210. However, for good cause 08 shown and upon satisfactory proof furnished by the licensee that the failure to file the 09 statement was due to a condition not within the control, or was due to excusable 10 neglect, of the licensee, the department may permit the filing of the statement after the 11 time limited and excuse the failure to file the statement within the time limited. If the 12 statement required by AS 08.24.210 is not filed as required by this section, the 13 department shall revoke the license. 14 * Sec. 26. AS 08.24.290 is amended to read: 15 Sec. 08.24.290. Suspension, revocation, or refusal to renew or grant a 16 license or certificate. The department may suspend, revoke, or refuse to renew or 17 grant a license issued or applied for under this chapter if the licensee or applicant or a 18 partner, associate, or major stockholder of a collection agency has [SINCE THE 19 DATE OF THE APPLICATION] been disbarred from the practice of law or been 20 convicted of fraud, embezzlement, obtaining money under false pretenses, a crime 21 involving moral turpitude, extortion, conspiracy to defraud, violation of a provision of 22 this chapter, or violation of a regulation adopted under authority of this chapter. 23 * Sec. 27. AS 08.24.340 is amended to read: 24 Sec. 08.24.340. Statement of persons employed by agency. (a) A [WITHIN 25 15 DAYS AFTER LICENSURE UNDER THIS CHAPTER, A] collection agency 26 shall submit annually to the department a list of all persons employed by the agency [. 27 THEREAFTER, UPON HIRING A NEW EMPLOYEE, THE COLLECTION 28 AGENCY SHALL, WITHIN 15 DAYS AFTER THE HIRING, SUBMIT TO THE 29 DEPARTMENT THE NAME OF THE NEWLY HIRED EMPLOYEE AND THE 30 FURTHER INFORMATION REQUIRED BY (b) OF THIS SECTION]. 31 (b) There shall be submitted in the annual report with the name of each
01 [THE] employee employed by the collection agency the following information: 02 (1) the employee's residence address; 03 (2) the employee's length of residence in the state; 04 (3) a statement of any [THE] new employee's previous employment in 05 the last year; 06 (4) further information which the department may require. 07 (c) Any statement of previous employment [THE STATEMENT] shall be 08 verified by the employee before a notary public or other person authorized to 09 administer oaths. 10 (d) The owner or licensed operator of the collection agency shall also state on 11 [UPON] the form submitted the date on [UPON] which any [THE] new employee was 12 hired and that the new employee is an employee of the collection agency at the time 13 the form is executed. 14 * Sec. 28. AS 08.36.075(a) is amended to read: 15 (a) The Department of Health and Social Services [BOARD] shall establish 16 standards that comply with applicable federal law for the registration, use, and 17 inspection of dental radiological equipment, including standards for record keeping 18 relating to the control panels and the use of the equipment [. THE BOARD MAY 19 CHARGE A FEE FOR DENTAL RADIOLOGICAL EQUIPMENT REGISTERED 20 UNDER THIS SECTION]. 21 * Sec. 29. AS 08.36.100 is amended to read: 22 Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND 23 08.36.254], a person may not practice, or attempt to practice, dentistry without a 24 license. 25 * Sec. 30. AS 08.42.085(c) is amended to read: 26 (c) The department shall issue a temporary license under AS 08.01.062 27 [PERMIT VALID FOR ONE YEAR] to an applicant who meets the requirements of 28 this section [. THE DEPARTMENT SHALL RENEW A PERMIT FOR ONE YEAR 29 IF THE TRAINEE APPLIES FOR RENEWAL ON A FORM PROVIDED BY THE 30 DEPARTMENT AND SHOWS THAT THE TRAINING ACTIVITY CONTINUES 31 TO SATISFY THE REQUIREMENTS OF THIS SECTION]. The department shall
01 charge a fee for processing applications and renewals under this section that will be 02 sufficient to cover administrative costs. 03 * Sec. 31. AS 08.55.010(b) is amended to read: 04 (b) An individual who is a physician or an audiologist may deal in hearing 05 aids without being licensed under this chapter, but shall comply with AS 08.55.050, 06 08.55.070, 08.55.100, 08.55.110(a), and 08.55.130(7) - (12) [08.55.130(7) - (13)] 07 when dealing in hearing aids. 08 * Sec. 32. AS 08.55.020(b) is amended to read: 09 (b) On or before the expiration of a license under this chapter, a licensee may 10 apply for renewal of the license, and the department shall renew the license if the 11 licensee pays the renewal fee [, HAS A CURRENT BUSINESS LICENSE TO ACT 12 AS A HEARING AID DEALER UNDER AS 43.70.020,] and provides evidence 13 satisfactory to the department that the individual has not engaged in conduct that is a 14 ground for imposing disciplinary sanctions under AS 08.55.130. 15 * Sec. 33. AS 08.55.110(b) is amended to read: 16 (b) In addition to the other rights and remedies the purchaser or lessee of a 17 hearing aid may have, the purchaser or lessee of a hearing aid has the right to cancel 18 the sale or lease by giving written notice of the cancellation to the hearing aid dealer if 19 (1) the hearing aid dealer is not a physician or an audiologist, and 20 within 60 days from the receipt by the purchaser or lessee of the hearing aid or the 21 notice to be provided under (c) of this section, whichever receipt is later, a physician 22 or an audiologist advises the person in writing to cancel the sale or lease and specifies 23 in writing the medical or audiological reason for the advice; or 24 (2) the hearing aid dealer, if not a physician or audiologist, has violated 25 a provision of this chapter in the sale or lease of the hearing aid to the person; 26 (3) the hearing aid dealer who is a physician or audiologist has violated 27 (a) or (c) - (h) of this section or AS 08.55.050, 08.55.070, 08.55.100, or 08.55.130(7) - 28 (12) [08.55.130(7) - (13)] in the sale or lease of the hearing aid to the person. 29 * Sec. 34. AS 08.64.279 is amended to read: 30 Sec. 08.64.279. Interview for permits. An applicant for an intern permit, a 31 resident permit, or a temporary permit under AS 08.01.062 [FOR LOCUM TENENS
01 PRACTICE] may be interviewed in person by the board, a member of the board, the 02 executive secretary of the board, or a person designated for that purpose by the board. 03 * Sec. 35. AS 08.84.010(b) is amended to read: 04 (b) The board shall control all matters pertaining to the licensing of physical 05 therapists, physical therapy assistants, occupational therapists, and occupational 06 therapy assistants and the practice of physical therapy and the practice of occupational 07 therapy. The board shall 08 (1) pass upon the qualifications of applicants; 09 (2) provide for the examination of applicants; 10 (3) issue [TEMPORARY PERMITS AND] licenses to persons 11 qualified under this chapter; 12 (4) suspend, revoke, or refuse to issue or renew a license under 13 AS 08.84.120; 14 (5) keep a current register listing the name, business address, date, and 15 number of the license of each person who is licensed to practice under this chapter; 16 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 17 necessary to carry out the purposes of this chapter including regulations establishing 18 qualifications for licensure and renewal of licensure under this chapter. 19 * Sec. 36. AS 08.84.150 is amended to read: 20 Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 21 to practice physical therapy without being licensed under this chapter unless the 22 person is 23 (1) a student in an accredited physical therapy program; 24 (2) a graduate of a foreign school of physical therapy fulfilling the 25 internship requirement of AS 08.84.032, and then only unless under the continuous 26 direction and immediate supervision of a physical therapist; or 27 (3) issued a temporary [LIMITED] permit under AS 08.01.062 28 [AS 08.84.075]. 29 (b) A person may not provide services that the person describes as 30 occupational therapy without being licensed under this chapter unless the person is 31 (1) a student in an accredited occupational therapy program or in a
01 supervised field work program; 02 (2) a graduate of a foreign school of occupational therapy fulfilling the 03 internship requirement of AS 08.84.032, and then only unless under the continuous 04 direction and immediate supervision of an occupational therapist; 05 (3) an occupational therapist or occupational therapy assistant 06 employed by the United States government while in the discharge of official duties; 07 (4) granted a temporary [LIMITED] permit under AS 08.01.062 08 [AS 08.84.075]; 09 (5) licensed under this title and uses occupational therapy skills in the 10 practice of the profession for which the license is issued; or 11 (6) employed as a teacher or teacher's aide by an educational 12 institution and is required to use occupational therapy skills during the course of 13 employment, if 14 (A) the occupational therapy skills are used under a program 15 implemented by the employer and developed by a licensed occupational 16 therapist; 17 (B) the employer maintains direct supervision of the person's 18 use of occupational therapy skills; and 19 (C) the person does not represent to 20 (i) be an occupational therapist or occupational therapy 21 assistant; and 22 (ii) practice occupational therapy. 23 * Sec. 37. AS 08.98.120(a) is amended to read: 24 (a) A person may not practice veterinary medicine, surgery, or dentistry unless 25 the person is licensed as a veterinarian under this chapter or has a temporary permit 26 issued under AS 08.01.062 [AS 08.98.186], except that a person may perform 27 functions authorized by 28 (1) regulation of the board if the person is licensed as a veterinary 29 technician; or 30 (2) a permit issued under AS 08.02.050 if the person is employed by 31 an agency that has a permit issued under AS 08.02.050.
01 * Sec. 38. AS 08.98.165(a) is amended to read: 02 (a) An applicant is qualified to receive a license as a veterinarian who 03 (1) is a graduate of an accredited veterinary school or who has 04 successfully completed a foreign graduate certification process approved by the 05 board [THE EDUCATIONAL COMMISSION FOR FOREIGN VETERINARY 06 GRADUATES CERTIFICATION PROCESS]; 07 (2) has, within the 60 months preceding application for the license, 08 passed a national examination for veterinarians approved by the board; 09 (3) has passed the written examination of the state on specific Alaska 10 issues of veterinary practice; 11 (4) is in good standing, as defined by the board in regulations; and 12 (5) has paid required fees. 13 * Sec. 39. AS 08.98.180 is amended to read: 14 Sec. 08.98.180. Temporary license. A person who is granted a temporary 15 license by the department under AS 08.01.062 must work [MEETS THE 16 REQUIREMENTS OF AS 08.98.165(a)(1), (4), AND (5) IS ENTITLED TO BE 17 TEMPORARILY LICENSED AFTER APPLYING FOR EXAMINATION IF THE 18 PERSON WORKS] under the supervision of a licensed veterinarian [. A LICENSE 19 ISSUED UNDER THIS SECTION IS VALID UNTIL THE RESULTS OF THE 20 EXAMINATIONS ARE PUBLISHED. A PERSON MAY NOT RECEIVE MORE 21 THAN ONE TEMPORARY LICENSE. AN APPLICATION FOR A TEMPORARY 22 LICENSE MUST BE SIGNED BY THE SUPERVISING VETERINARIAN AND 23 ACCOMPANIED BY THE TEMPORARY LICENSE FEE REQUIRED UNDER 24 AS 08.98.190]. 25 * Sec. 40. AS 09.65.290(e)(4) is amended to read: 26 (4) "sports or recreational activity" 27 (A) means a commonly understood sporting activity, whether 28 undertaken with or without permission, including baseball, softball, football, 29 soccer, basketball, hockey, boxing, mixed martial arts, sparring or 30 wrestling matches, bungee jumping, parasailing, bicycling, hiking, 31 swimming, skateboarding, horseback riding and other equine activity, farm
01 touring, dude ranching, mountain climbing, river floating, whitewater rafting, 02 canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry 03 or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, 04 telemarking, snow sliding, snowmobiling, and off-road and all-terrain vehicle 05 use; 06 (B) does not include 07 (i) [BOXING CONTESTS, SPARRING OR 08 WRESTLING MATCHES, OR EXHIBITIONS THAT ARE 09 SUBJECT TO THE REQUIREMENTS OF AS 05.10; 10 (ii)] activities involving the use of devices that are 11 subject to the requirements of AS 05.20; or 12 (ii) [(iii)] skiing or sliding activities at a ski area that are 13 subject to the requirements of AS 05.45. 14 * Sec. 41. AS 31.05.009(a) is amended to read: 15 (a) Members shall be qualified as follows: 16 (1) one member shall be a petroleum engineer who 17 (A) holds a certificate of registration as an engineer under 18 AS 08.48 and, under regulations adopted to implement that chapter, has 19 qualified as a petroleum engineer; or 20 (B) has earned a degree from a university in the field of 21 engineering and has at least 10 years of professional subsurface experience in 22 the oil and gas industry in drilling, well operations, production process 23 operations, reservoir engineering, or a combination thereof; for the purposes of 24 this subparagraph, a person meets the requirement of earning a degree in the 25 field of engineering if the person obtains an undergraduate or graduate degree 26 in engineering that meets the requirements for program accreditation by the 27 Engineering Accreditation Commission of the Accreditation Board for 28 Engineering and Technology and the person completes university or industry 29 training specific to petroleum engineering that illustrates application of 30 engineering principles to the problems encountered and methods used in the 31 petroleum industry, including drilling, production, reservoir engineering, fluid
01 flow through subsurface formations, and hydrocarbon transportation; 02 (2) one member shall be a geologist who 03 (A) holds a national certification as a professional geologist by 04 the American Institute of Professional Geologists [UNDER AS 08.02.011] 05 and has professional experience in the field of petroleum geology; or 06 (B) has earned a degree in the field of geology from a 07 university accredited in the field of geology and has a minimum of 10 years 08 professional experience in the field of petroleum geology; and 09 (3) one member who shall have training or experience that gives the 10 person a fundamental understanding of the oil and gas industry in the state. 11 * Sec. 42. AS 44.29.020 is amended by adding a new subsection to read: 12 (d) The Department of Health and Social Services shall establish standards 13 that comply with federal law for the registration, use, and inspection of dental 14 radiological equipment, including standards for record keeping relating to equipment 15 control panels and use. 16 * Sec. 43. AS 44.46.020(a) is amended to read: 17 (a) The Department of Environmental Conservation shall 18 (1) have primary responsibility for coordination and development of 19 policies, programs, and planning related to the environment of the state and of the 20 various regions of the state; 21 (2) have primary responsibility for the adoption and enforcement of 22 regulations setting standards for the prevention and abatement of all water, land, 23 subsurface land, and air pollution, and other sources or potential sources of pollution 24 of the environment, including by way of example only, petroleum and natural gas 25 pipelines; 26 (3) promote and develop programs for the protection and control of the 27 environment of the state; 28 (4) take actions that are necessary and proper to further the policy 29 declared in AS 46.03.010; 30 (5) adopt regulations for 31 (A) the prevention and control of public health nuisances;
01 (B) the regulation of sanitation and sanitary practices in the 02 interest of public health; 03 (C) standards of cleanliness and sanitation in connection with 04 the construction, operation, and maintenance of a camp, cannery, food 05 handling establishment, food manufacturing plant, mattress manufacturing 06 establishment, industrial plant, school, barbershop, hairdressing, [HAIR 07 BRAIDING,] manicuring, esthetics, tattooing, permanent cosmetic coloring, 08 body piercing, or ear piercing establishment, soft drink establishment, beer and 09 wine dispensaries, and for other similar establishments in which lack of 10 sanitation may create a condition that causes disease; 11 (D) the regulation of quality and purity of commercially 12 compressed air sold for human respiration. 13 * Sec. 44. AS 44.46.029 is amended to read: 14 Sec. 44.46.029. Dental radiological equipment. This chapter does not 15 authorize the department to register, inspect, test, or otherwise regulate dental 16 radiological equipment or records relating to dental radiological equipment regulated 17 by the Department of Health and Social Services [BOARD OF DENTAL 18 EXAMINERS] under AS 44.29.020 [AS 08.36.075]. 19 * Sec. 45. AS 05.05.010, 05.05.020, 05.05.030, 05.05.040; AS 05.10.010, 05.10.020, 20 05.10.030, 05.10.040, 05.10.050, 05.10.060, 05.10.070, 05.10.080, 05.10.090, 05.10.100, 21 05.10.110, 05.10.120, 05.10.130, 05.10.140, 05.10.150, 05.10.160, 05.10.170; 22 AS 08.01.010(4), 08.01.010(13), 08.01.010(21), 08.01.063, 08.01.064(b), 08.01.064(d); 23 AS 08.02.011; AS 08.11.020, 08.11.025; AS 08.13.160(a), 08.13.160(b), 08.13.170, 24 08.13.220(14); AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.24.370; AS 08.26.050; 25 AS 08.36.254; AS 08.45.035(a), 08.45.035(b); AS 08.55.010(a)(4), 08.55.010(a)(6)(D), 26 08.55.130(13); AS 08.63.130; AS 08.64.101(b)(2), 08.64.270, 08.64.275; AS 08.68.210; 27 AS 08.70.130; AS 08.80.150, 08.80.155; AS 08.84.065, 08.84.075; AS 08.86.135, 08.86.166; 28 AS 08.92.010, 08.92.020, 08.92.030, 08.92.035, 08.92.040, 08.92.050, 08.92.060, 08.92.070, 29 08.92.080, 08.92.090; AS 08.95.125; AS 08.98.050(8), 08.98.186, 08.98.190(6), 30 08.98.190(7); AS 25.27.244(s)(2)(A)(i); AS 43.70.025, 43.70.028; and AS 44.29.027 are 31 repealed.
01 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS; BONDS. (a) The Department of Commerce, 04 Community, and Economic Development, the Department of Health and Social Services, and 05 the Department of Environmental Conservation may adopt regulations necessary to 06 implement the changes made by this Act. The regulations take effect under AS 44.62 07 (Administrative Procedure Act), but not before the effective date of the law implemented by 08 the regulation. 09 (b) Notwithstanding the repeal of a statute by this Act, the Department of Commerce, 10 Community, and Economic Development may amend or repeal regulations adopted by the 11 athletic commission established in AS 05.05.010, as that section read the day before the 12 effective date of this Act, as necessary to carry out this Act. 13 (c) The Department of Commerce, Community, and Economic Development shall 14 account for any licensee bond filed under AS 05.10.090 or AS 08.92.030, repealed by sec. 45 15 of this Act, and take any action necessary to release a bond under AS 05.10.090 or 16 AS 08.92.030, repealed by sec. 45 this Act. 17 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: SAVINGS CLAUSE. (a) Litigation, hearings, investigations, appeals, 20 and other proceedings pending under a law amended or repealed by this Act, or in connection 21 with functions transferred by this Act, continue in effect and may be continued and completed 22 notwithstanding a transfer or amendment or repeal provided for in this Act. 23 (b) Certificates, orders, permits, and regulations issued or adopted under authority of 24 a law amended or repealed by this Act remain in effect for the term issued, or until revoked, 25 vacated, or otherwise modified under the provisions of this Act. 26 (c) Contracts, rights, liabilities, and obligations created by or under a law amended or 27 repealed by this Act, and in effect on the effective date of this Act, remain in effect 28 notwithstanding this Act's taking effect. Records, equipment, appropriations, and other 29 property of agencies of the state whose functions are transferred under this Act shall be 30 transferred to implement the provisions of this Act. 31 * Sec. 48. Sections 46 and 47 of this Act take effect immediately under AS 01.10.070(c).