SB 86: "An Act relating to occupational licensing; relating to temporary licenses, permits, and certificates; and providing for an effective date."
00 SENATE BILL NO. 86 01 "An Act relating to occupational licensing; relating to temporary licenses, permits, and 02 certificates; 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 AS 08.01.062 is repealed and reenacted to read: 05 Sec. 08.01.062.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, permits, and certificates. (a) The 06 department may on an expedited basis issue a temporary license, permit, or certificate 07 under this section to engage in an occupation regulated under this chapter to an 08 individual who holds a corresponding license, permit, or certificate in good standing in 09 another jurisdiction and pays the required fee for a temporary license, permit, or 10 certificate established by the department. 11 (b) A temporary license or permit issued under this section is valid for one 12 year. A temporary license, permit, or certificate issued under this section allows the 13 temporary license, permit, or certificate holder to temporarily practice the occupation 14 for which the license, permit, or certificate was granted, within the scope designated
01 by the department or applicable board. 02 * Sec. 2. AS 08.11.050 is amended to read: 03 Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 04 each of the following: 05 (1) application; 06 (2) credential review; 07 (3) audiologist license and speech-language pathologist license; 08 (4) [TEMPORARY LICENSE; 09 (5)] renewal of license; 10 (5) [(6)] delinquency; 11 (6) [(7)] reinstatement; 12 (7) [(8)] duplicate license; 13 (8) [(9)] speech-language pathologist assistant registration application 14 and renewal. 15 * Sec. 3. AS 08.13.070 is amended to read: 16 Sec. 08.13.070. License required. A person may not 17 (1) practice barbering, hairdressing, hair braiding, manicuring, 18 esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, 19 [TEMPORARY PERMIT,] temporary license issued under AS 08.01.062, 20 temporary supervised practice license, or student permit unless exempted under 21 AS 08.13.160(d); 22 (2) practice barbering, hairdressing, hair braiding, manicuring, 23 esthetics, body piercing, tattooing, or permanent cosmetic coloring except in a shop or 24 school licensed under this chapter unless exempted under AS 08.13.160(d) or 25 permitted under AS 08.13.160(e); 26 (3) open or conduct a school of barbering, hairdressing, manicuring, or 27 esthetics without a license; 28 (4) teach in a school of barbering, hairdressing, manicuring, or 29 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 30 esthetics without an instructor's license; 31 (5) operate a shop in violation of AS 08.13.120;
01 (6) permit an employee or other person being supervised who is not 02 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 03 manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring 04 without a license, [TEMPORARY PERMIT,] temporary license issued under 05 AS 08.01.062, temporary supervised practice license, or student permit; 06 (7) permit the use of the person's license, [TEMPORARY PERMIT,] 07 temporary license issued under AS 08.01.062, temporary supervised practice 08 license, or student permit by another person; 09 (8) obtain or attempt to obtain a license, [TEMPORARY PERMIT,] 10 temporary license issued under AS 08.01.062, temporary supervised practice 11 license, or student permit by fraudulent means. 12 * Sec. 4. AS 08.13.130(a) is amended to read: 13 (a) A practitioner shall display the practitioner's license in a conspicuous 14 location in the practitioner's place of business. Each shop owner is responsible for the 15 conspicuous display of the shop's license and the licenses of employees and 16 individuals renting booths in the shop. A person holding a student permit, temporary 17 license issued under AS 08.01.062, or temporary supervised practice license [, OR 18 TEMPORARY PERMIT] shall display the permit or license in a conspicuous location 19 in the school in which the person is enrolled or the shop in which the person works. 20 The school or shop owner is responsible for the display of a permit or license for each 21 enrolled student, apprentice, or temporary license holder. 22 * Sec. 5. AS 08.13.150 is amended to read: 23 Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 24 or permit. The board may, in addition to the actions authorized under AS 08.01.075, 25 refuse, suspend, or revoke a license, student permit, temporary license issued under 26 AS 08.01.062, or temporary supervised practice license [, OR TEMPORARY 27 PERMIT] for failure to comply with this chapter, with a regulation adopted under this 28 chapter, with a regulation adopted by the Department of Environmental Conservation 29 under AS 44.46.020, or with an order of the board. 30 * Sec. 6. AS 08.13.175 is amended to read: 31 Sec. 08.13.175. Temporary supervised practice license. A person who meets
01 the requirements of AS 08.13.080(a)(1), (2), (3), (4), or (6) is entitled to receive a 02 temporary supervised practice license [BE TEMPORARILY LICENSED] after 03 applying for examination under this chapter if the applicant works under the direct 04 supervision, and within the physical presence, of a person who is licensed in the area 05 of practice for which the applicant has applied for examination. A temporary 06 supervised practice license issued under this section is valid for 120 days and is 07 nonrenewable. A person may not receive more than one temporary supervised 08 practice license for each area of practice licensed under this chapter. An application 09 for a temporary supervised practice license must be signed by the supervising 10 licensee and accompanied by the temporary supervised practice license fee required 11 under AS 08.13.185. 12 * Sec. 7. AS 08.13.185(a) is amended to read: 13 (a) The Department of Commerce, Community, and Economic Development 14 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 15 (1) schools; 16 (2) school owners; 17 (3) instructor; 18 (4) shop owner; 19 (5) practitioner of barbering; 20 (6) practitioner of hairdressing; 21 (7) practitioner of manicuring; 22 (8) practitioner of esthetics; 23 (9) practitioner of tattooing; 24 (10) practitioner of body piercing; 25 (11) temporary shop license; 26 (12) [TEMPORARY PERMIT; 27 (13)] temporary supervised practice license; 28 (13) [(14)] student permit; 29 (14) [(15)] endorsement for advanced manicuring; 30 (15) [(16)] practitioner of hair braiding; 31 (16) [(17)] practitioner of permanent cosmetic coloring;
01 (17) [(18)] practitioner of non-chemical barbering. 02 * Sec. 8. AS 08.13.190 is amended to read: 03 Sec. 08.13.190. Failure to possess a license or permit. (a) A person who 04 practices barbering, hairdressing, hair braiding, esthetics, tattooing, permanent 05 cosmetic coloring, or body piercing, or operates a shop, or operates a school of 06 barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, 07 or esthetics, without a license, [TEMPORARY PERMIT,] temporary license issued 08 under AS 08.01.062, temporary supervised practice license, or student permit and 09 who is not exempt under AS 08.13.120 or 08.13.160(d) [UNDER AS 08.13.160(d)] is 10 guilty of a class B misdemeanor. 11 (b) A person who practices manicuring, operates a shop for manicuring, 12 operates a school of manicuring, or teaches in a school of manicuring without the 13 appropriate license, [TEMPORARY PERMIT,] temporary license issued under 14 AS 08.01.062, temporary supervised practice license, or student permit and who is 15 not exempt under AS 08.13.120 or 08.13.160(d) is guilty of a violation. 16 * Sec. 9. AS 08.20.180(a) is amended to read: 17 (a) An applicant for an examination, reexamination, [ISSUANCE OF A 18 TEMPORARY PERMIT UNDER AS 08.20.160, ISSUANCE OF A LOCUM 19 TENENS PERMIT UNDER AS 08.20.163,] issuance of a license by credentials under 20 AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 21 renewal of an active or inactive license shall pay a fee established under 22 AS 08.01.065. 23 * Sec. 10. AS 08.36.100 is amended to read: 24 Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND 25 08.36.254], a person may not practice, or attempt to practice, dentistry without a 26 license. 27 * Sec. 11. AS 08.63.130 is amended to read: 28 Sec. 08.63.130. Temporary practice license for the practice of marital and 29 family therapy. (a) The board shall issue a temporary practice license for the practice 30 of marital and family therapy to an applicant who satisfies the requirements of 31 AS 08.63.100(a)(1), (2), and (3)(A), (B), and (C) and has been approved by the board
01 to take the marital and family therapy examination. 02 (b) A person may practice under a temporary practice license until the board 03 issues the results of the first marital and family therapy examination given after 04 issuance of the person's temporary practice license and either issues or denies a 05 license under AS 08.63.100 to the person. 06 (c) If a licensee under this section fails the marital and family therapy 07 examination, the board may not renew the person's temporary practice license. 08 * Sec. 12. AS 08.64.279 is amended to read: 09 Sec. 08.64.279. Interview for permits. An applicant for an intern permit or [,] 10 a resident permit [, OR A TEMPORARY PERMIT FOR LOCUM TENENS 11 PRACTICE] may be interviewed in person by the board, a member of the board, the 12 executive secretary of the board, or a person designated for that purpose by the board. 13 * Sec. 13. AS 08.64.315 is amended to read: 14 Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 15 each of the following: 16 (1) application; 17 (2) license by examination; 18 (3) license by endorsement or waiver of examination; 19 (4) [TEMPORARY PERMIT; 20 (5) LOCUM TENENS PERMIT; 21 (6)] license renewal, active; 22 (5) [(7)] license renewal, inactive; 23 (6) [(8)] license by reexamination. 24 * Sec. 14. AS 08.68.220 is amended to read: 25 Sec. 08.68.220. Fees. The Department of Commerce, Community, and 26 Economic Development shall set fees under AS 08.01.065 for each of the following: 27 (1) registered nursing: 28 (A) application; 29 (B) license by examination; 30 (C) license by endorsement; 31 (D) license renewal;
01 [(E) TEMPORARY PERMIT;] 02 (2) practical nursing: 03 (A) application; 04 (B) license by examination; 05 (C) license by endorsement; 06 (D) license renewal; 07 [(E) TEMPORARY PERMIT;] 08 (3) advanced practice registered nursing: 09 (A) application; 10 (B) license by certification examination; 11 (C) license by endorsement; 12 (D) license renewal [; 13 (E) TEMPORARY PERMIT]. 14 * Sec. 15. AS 08.80.160 is amended to read: 15 Sec. 08.80.160. Fees. The Department of Commerce, Community, and 16 Economic Development shall set fees under AS 08.01.065 for the following: 17 (1) examination; 18 (2) reexamination; 19 (3) investigation for licensing by license transfer; 20 (4) pharmacist license; 21 (5) [TEMPORARY LICENSE; 22 (6)] pharmacy technician license; 23 (6) [(7)] pharmacy intern license; 24 [(8) EMERGENCY PERMIT;] 25 (7) [(9)] license amendment or replacement; 26 (8) [(10)] registration or licensure of a facility classified under 27 AS 08.80.157(b). 28 * Sec. 16. AS 08.84.010(b) is amended to read: 29 (b) The board shall control all matters pertaining to the licensing of physical 30 therapists, physical therapy assistants, occupational therapists, and occupational 31 therapy assistants and the practice of physical therapy and the practice of occupational
01 therapy. The board shall 02 (1) pass upon the qualifications of applicants; 03 (2) provide for the examination of applicants; 04 (3) issue [TEMPORARY PERMITS AND] licenses to persons 05 qualified under this chapter; 06 (4) suspend, revoke, or refuse to issue or renew a license under 07 AS 08.84.120; 08 (5) keep a current register listing the name, business address, date, and 09 number of the license of each person who is licensed to practice under this chapter; 10 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 11 necessary to carry out the purposes of this chapter including regulations establishing 12 qualifications for licensure and renewal of licensure under this chapter. 13 * Sec. 17. AS 08.84.050 is amended to read: 14 Sec. 08.84.050. Fees. The Department of Commerce, Community, and 15 Economic Development shall set fees under AS 08.01.065 for the following: 16 (1) application; 17 (2) license by examination; 18 (3) license by acceptance of credentials; 19 (4) renewal [; 20 (5) TEMPORARY PERMIT; 21 (6) LIMITED PERMIT]. 22 * Sec. 18. AS 08.84.150 is amended to read: 23 Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 24 to practice physical therapy without being licensed under this chapter unless the 25 person is 26 (1) a student in an accredited physical therapy program; 27 (2) a graduate of a foreign school of physical therapy fulfilling the 28 internship requirement of AS 08.84.032, and then only unless under the continuous 29 direction and immediate supervision of a physical therapist; or 30 (3) issued a temporary [LIMITED] permit under AS 08.01.062 31 [AS 08.84.075].
01 (b) A person may not provide services that the person describes as 02 occupational therapy without being licensed under this chapter unless the person is 03 (1) a student in an accredited occupational therapy program or in a 04 supervised field work program; 05 (2) a graduate of a foreign school of occupational therapy fulfilling the 06 internship requirement of AS 08.84.032, and then only unless under the continuous 07 direction and immediate supervision of an occupational therapist; 08 (3) an occupational therapist or occupational therapy assistant 09 employed by the United States government while in the discharge of official duties; 10 (4) granted a temporary [LIMITED] permit under AS 08.01.062 11 [AS 08.84.075]; 12 (5) licensed under this title and uses occupational therapy skills in the 13 practice of the profession for which the license is issued; or 14 (6) employed as a teacher or teacher's aide by an educational 15 institution and is required to use occupational therapy skills during the course of 16 employment, if 17 (A) the occupational therapy skills are used under a program 18 implemented by the employer and developed by a licensed occupational 19 therapist; 20 (B) the employer maintains direct supervision of the person's 21 use of occupational therapy skills; and 22 (C) the person does not represent to 23 (i) be an occupational therapist or occupational therapy 24 assistant; and 25 (ii) practice occupational therapy. 26 * Sec. 19. AS 08.98.120(a) is amended to read: 27 (a) A person may not practice veterinary medicine, surgery, or dentistry unless 28 the person is licensed as a veterinarian under this chapter or has a temporary permit 29 issued under AS 08.01.062 [AS 08.98.186], except that a person may perform 30 functions authorized by 31 (1) regulation of the board if the person is licensed as a veterinary
01 technician; or 02 (2) a permit issued under AS 08.02.050 if the person is employed by 03 an agency that has a permit issued under AS 08.02.050. 04 * Sec. 20. AS 08.98.180 is amended to read: 05 Sec. 08.98.180. Temporary supervised practice license. A person who meets 06 the requirements of AS 08.98.165(a)(1), (4), and (5) is entitled to receive a 07 temporary supervised practice license [BE TEMPORARILY LICENSED] after 08 applying for examination if the person works under the supervision of a licensed 09 veterinarian. A license issued under this section is valid until the results of the 10 examinations are published. A person may not receive more than one temporary 11 license. An application for a temporary supervised practice license must be signed by 12 the supervising veterinarian and accompanied by the temporary license fee required 13 under AS 08.98.190. 14 * Sec. 21. AS 08.98.190 is amended to read: 15 Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 16 following: 17 (1) application; 18 (2) examination; 19 (3) investigation of credentials; 20 (4) license; 21 (5) license renewal; 22 (6) temporary supervised practice license [; 23 (7) TEMPORARY PERMIT]. 24 * Sec. 22. AS 08.01.063, 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 25 08.11.025; AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; 26 AS 08.36.254; AS 08.45.035; 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 08.95.125; and AS 08.98.186 are repealed. 29 * Sec. 23. This Act takes effect January 1, 2022.