HB 15: "An Act relating to occupational licensing; relating to temporary licenses and permits; relating to certification of teachers; and providing for an effective date."
00 HOUSE BILL NO. 15 01 "An Act relating to occupational licensing; relating to temporary licenses and permits; 02 relating to certification of teachers; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.062 is repealed and reenacted to read: 05 Sec. 08.01.062. Temporary licenses and permits. (a) The department shall 06 issue to an applicant a temporary license or permit under this section to engage in an 07 occupation regulated under this chapter if 08 (1) the applicant 09 (A) is licensed or credentialed to practice the occupation in 10 another state or territory of the United States or a foreign country, territory, or 11 province that 12 (i) has requirements for a license or permit to practice 13 the occupation that are substantially equivalent to or greater than the 14 requirements for the occupation under this title; or
01 (ii) authorizes a scope of practice substantially 02 equivalent to the scope of practice of the corresponding license or 03 permit in this state; 04 (B) meets the qualifications and requirements for a license or 05 permit to practice that occupation under this title and resides in a state or 06 territory of the United States or in a foreign country, territory, or province that 07 does not license individuals to practice that occupation; 08 (C) is awaiting the results of an examination required for 09 licensure in the occupation and meets the remaining qualifications and 10 requirements for licensure in that occupation under this title; or 11 (D) meets the qualifications and requirements for a license or 12 permit to engage in that occupation under this title through military education, 13 training, and service under AS 08.01.064(a) and does not already hold a license 14 or permit to practice that occupation in another jurisdiction as a member of one 15 of the armed forces listed in AS 08.01.064(a)(2); 16 (2) at the time of the application, the applicant is not 17 (A) subject to disciplinary action related to the occupation in 18 another jurisdiction; or 19 (B) the subject of an ongoing review or disciplinary proceeding 20 by the occupation's licensing entity in that jurisdiction; 21 (3) within the 10 years immediately preceding the date of the 22 application, the applicant has not committed an act in another jurisdiction that, at the 23 time the act was committed, would have constituted grounds for the denial or 24 revocation of a license, certificate, or permit to practice that occupation under this 25 title; and 26 (4) the applicable fees are paid. 27 (b) If the department or applicable board requires that an applicant for an 28 occupational license or permit undergo a criminal history record check, an applicant 29 for a temporary license or permit for that occupation is subject to the same 30 requirement. The department may consider an application and grant a temporary 31 license or permit before obtaining a result from the criminal history record check. If
01 the department later receives criminal record information that would authorize the 02 department or a board to take disciplinary action against a temporary license or permit 03 holder, the department or board shall exercise that authority. 04 (c) A temporary license or permit issued under this section is valid for 180 05 days. An applicant may apply for one 180-day extension, which may be approved at 06 the discretion of the department. 07 (d) A temporary license or permit issued under this section for an occupation 08 regulated under this chapter allows the temporary license or permit holder to 09 temporarily practice the occupation for which the license or permit was granted, 10 within the scope designated by the department or applicable board. 11 (e) The department may extend the 180-day temporary license or permit 12 period under (c) of this section for an applicant for a temporary license or permit under 13 (a)(1)(D) of this section if the applicant shows that the required occupational training 14 period is longer than 180 days. 15 (f) The department shall issue a license or permit under this section to an 16 active duty member of the armed forces of the United States or a spouse of an active 17 duty member of the armed forces of the United States who meets the requirements of 18 this section within 30 days after the department receives the person's complete 19 application for the license or permit. 20 * Sec. 2. AS 08.13.175 is amended to read: 21 Sec. 08.13.175. Temporary license. After [A PERSON WHO MEETS THE 22 REQUIREMENTS OF AS 08.13.080(a)(1), (2), (3), (4), OR (6) IS ENTITLED TO 23 BE TEMPORARILY LICENSED AFTER] applying for examination under this 24 chapter, an [IF THE] applicant who receives a temporary license under 25 AS 08.01.062 may work only [WORKS] under the direct supervision, and within the 26 physical presence, of a person who is licensed in the area of practice for which the 27 applicant has applied for examination. [A TEMPORARY LICENSE ISSUED 28 UNDER THIS SECTION IS VALID FOR 120 DAYS AND IS NONRENEWABLE. 29 A PERSON MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE 30 FOR EACH AREA OF PRACTICE LICENSED UNDER THIS CHAPTER. AN 31 APPLICATION FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE
01 SUPERVISING LICENSEE AND ACCOMPANIED BY THE TEMPORARY 02 LICENSE FEE REQUIRED UNDER AS 08.13.185.] 03 * Sec. 3. AS 08.13.190(a) is amended to read: 04 (a) A person who practices barbering, hairdressing, hair braiding, esthetics, 05 tattooing, permanent cosmetic coloring, or body piercing, or operates a shop, or 06 operates a school of barbering, hairdressing, or esthetics, or teaches in a school of 07 barbering, hairdressing, or esthetics, without a license, [TEMPORARY PERMIT,] 08 temporary license under AS 08.01.062, or student permit and who is not exempt 09 under AS 08.13.120 or 08.13.160(d) [UNDER AS 08.13.160(d)] is guilty of a class B 10 misdemeanor. 11 * Sec. 4. AS 08.20.180(a) is amended to read: 12 (a) An applicant for an examination, reexamination, [ISSUANCE OF A 13 TEMPORARY PERMIT UNDER AS 08.20.160, ISSUANCE OF A LOCUM 14 TENENS PERMIT UNDER AS 08.20.163,] issuance of a license by credentials under 15 AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 16 renewal of an active or inactive license shall pay a fee established under 17 AS 08.01.065. 18 * Sec. 5. AS 08.36.100 is amended to read: 19 Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND 20 08.36.254], a person may not practice, or attempt to practice, dentistry without a 21 license. 22 * Sec. 6. AS 08.64.279 is amended to read: 23 Sec. 08.64.279. Interview for permits. An applicant for an intern permit or [,] 24 a resident permit [, OR A TEMPORARY PERMIT FOR LOCUM TENENS 25 PRACTICE] may be interviewed in person by the board, a member of the board, the 26 executive secretary of the board, or a person designated for that purpose by the board. 27 * Sec. 7. AS 08.84.010(b) is amended to read: 28 (b) The board shall control all matters pertaining to the licensing of physical 29 therapists, physical therapy assistants, occupational therapists, and occupational 30 therapy assistants and the practice of physical therapy and the practice of occupational 31 therapy. The board shall
01 (1) pass upon the qualifications of applicants; 02 (2) provide for the examination of applicants; 03 (3) issue [TEMPORARY PERMITS AND] licenses to persons 04 qualified under this chapter; 05 (4) suspend, revoke, or refuse to issue or renew a license under 06 AS 08.84.120; 07 (5) keep a current register listing the name, business address, date, and 08 number of the license of each person who is licensed to practice under this chapter; 09 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 10 necessary to carry out the purposes of this chapter including regulations establishing 11 qualifications for licensure and renewal of licensure under this chapter. 12 * Sec. 8. AS 08.84.150 is amended to read: 13 Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 14 to practice physical therapy without being licensed under this chapter unless the 15 person is 16 (1) a student in an accredited physical therapy program; 17 (2) a graduate of a foreign school of physical therapy fulfilling the 18 internship requirement of AS 08.84.032, and then only unless under the continuous 19 direction and immediate supervision of a physical therapist; or 20 (3) issued a temporary [LIMITED] permit under AS 08.01.062 21 [AS 08.84.075]. 22 (b) A person may not provide services that the person describes as 23 occupational therapy without being licensed under this chapter unless the person is 24 (1) a student in an accredited occupational therapy program or in a 25 supervised field work program; 26 (2) a graduate of a foreign school of occupational therapy fulfilling the 27 internship requirement of AS 08.84.032, and then only unless under the continuous 28 direction and immediate supervision of an occupational therapist; 29 (3) an occupational therapist or occupational therapy assistant 30 employed by the United States government while in the discharge of official duties; 31 (4) granted a temporary [LIMITED] permit under AS 08.01.062
01 [AS 08.84.075]; 02 (5) licensed under this title and uses occupational therapy skills in the 03 practice of the profession for which the license is issued; or 04 (6) employed as a teacher or teacher's aide by an educational 05 institution and is required to use occupational therapy skills during the course of 06 employment, if 07 (A) the occupational therapy skills are used under a program 08 implemented by the employer and developed by a licensed occupational 09 therapist; 10 (B) the employer maintains direct supervision of the person's 11 use of occupational therapy skills; and 12 (C) the person does not represent to 13 (i) be an occupational therapist or occupational therapy 14 assistant; and 15 (ii) practice occupational therapy. 16 * Sec. 9. AS 08.98.120(a) is amended to read: 17 (a) A person may not practice veterinary medicine, surgery, or dentistry unless 18 the person is licensed as a veterinarian under this chapter or has a temporary permit 19 issued under AS 08.01.062 [AS 08.98.186], except that a person may perform 20 functions authorized by 21 (1) regulation of the board if the person is licensed as a veterinary 22 technician; or 23 (2) a permit issued under AS 08.02.050 if the person is employed by 24 an agency that has a permit issued under AS 08.02.050. 25 * Sec. 10. AS 08.98.180 is amended to read: 26 Sec. 08.98.180. Temporary license. A person who is granted a temporary 27 license by the department under AS 08.01.062 may work only [MEETS THE 28 REQUIREMENTS OF AS 08.98.165(a)(1), (4), AND (5) IS ENTITLED TO BE 29 TEMPORARILY LICENSED AFTER APPLYING FOR EXAMINATION IF THE 30 PERSON WORKS] under the supervision of a licensed veterinarian. [A LICENSE 31 ISSUED UNDER THIS SECTION IS VALID UNTIL THE RESULTS OF THE
01 EXAMINATIONS ARE PUBLISHED. A PERSON MAY NOT RECEIVE MORE 02 THAN ONE TEMPORARY LICENSE. AN APPLICATION FOR A TEMPORARY 03 LICENSE MUST BE SIGNED BY THE SUPERVISING VETERINARIAN AND 04 ACCOMPANIED BY THE TEMPORARY LICENSE FEE REQUIRED UNDER 05 AS 08.98.190.] 06 * Sec. 11. AS 14.20.015 is amended by adding a new subsection to read: 07 (g) The department shall issue a preliminary teacher certificate under this 08 section to an active duty member of the armed forces of the United States or a spouse 09 of an active duty member of the armed forces of the United States who meets the 10 requirements of this section within 30 days after the department receives the person's 11 complete application for the preliminary teacher certificate. 12 * Sec. 12. AS 08.01.063, 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 13 08.11.025; AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; 14 AS 08.36.254; AS 08.45.035; AS 08.63.130; AS 08.64.101(b)(2), 08.64.270, 08.64.275; 15 AS 08.68.210; AS 08.70.130; AS 08.80.150, 08.80.155; AS 08.84.065, 08.84.075; 16 AS 08.86.135, 08.86.166; AS 08.95.125; AS 08.98.186, 08.98.190(6), and 08.98.190(7) are 17 repealed. 18 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 21 Economic Development may adopt regulations necessary to implement the changes made by 22 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 23 before the effective date of the law implemented by the regulation. 24 * Sec. 14. Section 13 of this Act takes effect immediately under AS 01.10.070(c). 25 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect January 1, 2022.