CSSB 86(L&C): "An Act relating to occupational licensing; relating to temporary licenses, permits, and certificates; and providing for an effective date."
00 CS FOR SENATE BILL NO. 86(L&C) 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 AS 08.01.062 is repealed and reenacted to read: 05 Sec. 08.01.062.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 shall issue a temporary license, permit, or certificate under this section to 07 engage in an occupation regulated under this chapter to an individual who holds a 08 corresponding license, permit, or certificate in good standing in another jurisdiction 09 substantially equivalent to the license, permit, or certificate issued in this state, if the 10 individual pays the required fee for a temporary license, permit, or certificate 11 established by the department. 12 (b) A temporary license or permit issued under this section is valid for one 13 year. A temporary license, permit, or certificate issued under this section allows the 14 temporary license, permit, or certificate holder to temporarily practice the occupation
01 for which the license, permit, or certificate was granted, within the scope designated 02 by the department or applicable board. 03 (c) The department shall issue a temporary license under this section to the 04 spouse of an active duty member of the armed forces of the United States who meets 05 the requirements of this section within 10 business days after the department receives 06 the spouse's complete application for the temporary license. 07 * Sec. 2. AS 08.11.050 is amended to read: 08 Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 09 each of the following: 10 (1) application; 11 (2) credential review; 12 (3) audiologist license and speech-language pathologist license; 13 (4) [TEMPORARY LICENSE; 14 (5)] renewal of license; 15 (5) [(6)] delinquency; 16 (6) [(7)] reinstatement; 17 (7) [(8)] duplicate license; 18 (8) [(9)] speech-language pathologist assistant registration application 19 and renewal. 20 * Sec. 3. AS 08.13.070 is amended to read: 21 Sec. 08.13.070. License required. A person may not 22 (1) practice barbering, hairdressing, hair braiding, manicuring, 23 esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, 24 [TEMPORARY PERMIT,] temporary license issued under AS 08.01.062, 25 temporary supervised practice license, or student permit unless exempted under 26 AS 08.13.160(d); 27 (2) practice barbering, hairdressing, hair braiding, manicuring, 28 esthetics, body piercing, tattooing, or permanent cosmetic coloring except in a shop or 29 school licensed under this chapter unless exempted under AS 08.13.160(d) or 30 permitted under AS 08.13.160(e); 31 (3) open or conduct a school of barbering, hairdressing, manicuring, or
01 esthetics without a license; 02 (4) teach in a school of barbering, hairdressing, manicuring, or 03 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 04 esthetics without an instructor's license; 05 (5) operate a shop in violation of AS 08.13.120; 06 (6) permit an employee or other person being supervised who is not 07 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 08 manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring 09 without a license, [TEMPORARY PERMIT,] temporary license issued under 10 AS 08.01.062, temporary supervised practice license, or student permit; 11 (7) permit the use of the person's license, [TEMPORARY PERMIT,] 12 temporary license issued under AS 08.01.062, temporary supervised practice 13 license, or student permit by another person; 14 (8) obtain or attempt to obtain a license, [TEMPORARY PERMIT,] 15 temporary license issued under AS 08.01.062, temporary supervised practice 16 license, or student permit by fraudulent means. 17 * Sec. 4. AS 08.13.130(a) is amended to read: 18 (a) A practitioner shall display the practitioner's license in a conspicuous 19 location in the practitioner's place of business. Each shop owner is responsible for the 20 conspicuous display of the shop's license and the licenses of employees and 21 individuals renting booths in the shop. A person holding a student permit, temporary 22 license issued under AS 08.01.062, or temporary supervised practice license [, OR 23 TEMPORARY PERMIT] shall display the permit or license in a conspicuous location 24 in the school in which the person is enrolled or the shop in which the person works. 25 The school or shop owner is responsible for the display of a permit or license for each 26 enrolled student, apprentice, or temporary license holder. 27 * Sec. 5. AS 08.13.150 is amended to read: 28 Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 29 or permit. The board may, in addition to the actions authorized under AS 08.01.075, 30 refuse, suspend, or revoke a license, student permit, temporary license issued under 31 AS 08.01.062, or temporary supervised practice license [, OR TEMPORARY
01 PERMIT] for failure to comply with this chapter, with a regulation adopted under this 02 chapter, with a regulation adopted by the Department of Environmental Conservation 03 under AS 44.46.020, or with an order of the board. 04 * Sec. 6. AS 08.13.175 is amended to read: 05 Sec. 08.13.175. Temporary supervised practice license. A person who meets 06 the requirements of AS 08.13.080(a)(1), (2), (3), (4), or (6) is entitled to receive a 07 temporary supervised practice license [BE TEMPORARILY LICENSED] after 08 applying for examination under this chapter if the applicant works under the direct 09 supervision, and within the physical presence, of a person who is licensed in the area 10 of practice for which the applicant has applied for examination. A temporary 11 supervised practice license issued under this section is valid for 120 days and is 12 nonrenewable. A person may not receive more than one temporary supervised 13 practice license for each area of practice licensed under this chapter. An application 14 for a temporary supervised practice license must be signed by the supervising 15 licensee and accompanied by the temporary supervised practice license fee required 16 under AS 08.13.185. 17 * Sec. 7. AS 08.13.185(a) is amended to read: 18 (a) The Department of Commerce, Community, and Economic Development 19 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 20 (1) schools; 21 (2) school owners; 22 (3) instructor; 23 (4) shop owner; 24 (5) practitioner of barbering; 25 (6) practitioner of hairdressing; 26 (7) practitioner of manicuring; 27 (8) practitioner of esthetics; 28 (9) practitioner of tattooing; 29 (10) practitioner of body piercing; 30 (11) temporary shop license; 31 (12) [TEMPORARY PERMIT;
01 (13)] temporary supervised practice license; 02 (13) [(14)] student permit; 03 (14) [(15)] endorsement for advanced manicuring; 04 (15) [(16)] practitioner of hair braiding; 05 (16) [(17)] practitioner of permanent cosmetic coloring; 06 (17) [(18)] practitioner of non-chemical barbering. 07 * Sec. 8. AS 08.13.190 is amended to read: 08 Sec. 08.13.190. Failure to possess a license or permit. (a) A person who 09 practices barbering, hairdressing, hair braiding, esthetics, tattooing, permanent 10 cosmetic coloring, or body piercing, or operates a shop, or operates a school of 11 barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, 12 or esthetics, without a license, [TEMPORARY PERMIT,] temporary license issued 13 under AS 08.01.062, temporary supervised practice license, or student permit and 14 who is not exempt under AS 08.13.120 or 08.13.160(d) [UNDER AS 08.13.160(d)] is 15 guilty of a class B misdemeanor. 16 (b) A person who practices manicuring, operates a shop for manicuring, 17 operates a school of manicuring, or teaches in a school of manicuring without the 18 appropriate license, [TEMPORARY PERMIT,] temporary license issued under 19 AS 08.01.062, temporary supervised practice license, or student permit and who is 20 not exempt under AS 08.13.120 or 08.13.160(d) is guilty of a violation. 21 * Sec. 9. AS 08.20.180(a) is amended to read: 22 (a) An applicant for an examination, reexamination, [ISSUANCE OF A 23 TEMPORARY PERMIT UNDER AS 08.20.160, ISSUANCE OF A LOCUM 24 TENENS PERMIT UNDER AS 08.20.163,] issuance of a license by credentials under 25 AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 26 renewal of an active or inactive license shall pay a fee established under 27 AS 08.01.065. 28 * Sec. 10. AS 08.36.100 is amended to read: 29 Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND 30 08.36.254], a person may not practice, or attempt to practice, dentistry without a 31 license.
01 * Sec. 11. AS 08.63.130 is amended to read: 02 Sec. 08.63.130. Temporary practice license for the practice of marital and 03 family therapy. (a) The board shall issue a temporary practice license for the practice 04 of marital and family therapy to an applicant who satisfies the requirements of 05 AS 08.63.100(a)(1), (2), and (3)(A), (B), and (C) and has been approved by the board 06 to take the marital and family therapy examination. 07 (b) A person may practice under a temporary practice license until the board 08 issues the results of the first marital and family therapy examination given after 09 issuance of the person's temporary practice license and either issues or denies a 10 license under AS 08.63.100 to the person. 11 (c) If a licensee under this section fails the marital and family therapy 12 examination, the board may not renew the person's temporary practice license. 13 * Sec. 12. AS 08.64.279 is amended to read: 14 Sec. 08.64.279. Interview for permits. An applicant for an intern permit or [,] 15 a resident permit [, OR A TEMPORARY PERMIT FOR LOCUM TENENS 16 PRACTICE] may be interviewed in person by the board, a member of the board, the 17 executive secretary of the board, or a person designated for that purpose by the board. 18 * Sec. 13. AS 08.64.315 is amended to read: 19 Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 20 each of the following: 21 (1) application; 22 (2) license by examination; 23 (3) license by endorsement or waiver of examination; 24 (4) [TEMPORARY PERMIT; 25 (5) LOCUM TENENS PERMIT; 26 (6)] license renewal, active; 27 (5) [(7)] license renewal, inactive; 28 (6) [(8)] license by reexamination. 29 * Sec. 14. AS 08.68.220 is amended to read: 30 Sec. 08.68.220. Fees. The Department of Commerce, Community, and 31 Economic Development shall set fees under AS 08.01.065 for each of the following:
01 (1) registered nursing: 02 (A) application; 03 (B) license by examination; 04 (C) license by endorsement; 05 (D) license renewal; 06 [(E) TEMPORARY PERMIT;] 07 (2) practical nursing: 08 (A) application; 09 (B) license by examination; 10 (C) license by endorsement; 11 (D) license renewal; 12 [(E) TEMPORARY PERMIT;] 13 (3) advanced practice registered nursing: 14 (A) application; 15 (B) license by certification examination; 16 (C) license by endorsement; 17 (D) license renewal [; 18 (E) TEMPORARY PERMIT]. 19 * Sec. 15. AS 08.80.160 is amended to read: 20 Sec. 08.80.160. Fees. The Department of Commerce, Community, and 21 Economic Development shall set fees under AS 08.01.065 for the following: 22 (1) examination; 23 (2) reexamination; 24 (3) investigation for licensing by license transfer; 25 (4) pharmacist license; 26 (5) [TEMPORARY LICENSE; 27 (6)] pharmacy technician license; 28 (6) [(7)] pharmacy intern license; 29 (7) [(8) EMERGENCY PERMIT; 30 (9)] license amendment or replacement; 31 (8) [(10)] registration or licensure of a facility classified under
01 AS 08.80.157(b). 02 * Sec. 16. AS 08.84.010(b) is amended to read: 03 (b) The board shall control all matters pertaining to the licensing of physical 04 therapists, physical therapy assistants, occupational therapists, and occupational 05 therapy assistants and the practice of physical therapy and the practice of occupational 06 therapy. The board shall 07 (1) pass upon the qualifications of applicants; 08 (2) provide for the examination of applicants; 09 (3) issue [TEMPORARY PERMITS AND] licenses to persons 10 qualified under this chapter; 11 (4) suspend, revoke, or refuse to issue or renew a license under 12 AS 08.84.120; 13 (5) keep a current register listing the name, business address, date, and 14 number of the license of each person who is licensed to practice under this chapter; 15 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 16 necessary to carry out the purposes of this chapter including regulations establishing 17 qualifications for licensure and renewal of licensure under this chapter. 18 * Sec. 17. AS 08.84.050 is amended to read: 19 Sec. 08.84.050. Fees. The Department of Commerce, Community, and 20 Economic Development shall set fees under AS 08.01.065 for the following: 21 (1) application; 22 (2) license by examination; 23 (3) license by acceptance of credentials; 24 (4) renewal [; 25 (5) TEMPORARY PERMIT; 26 (6) LIMITED PERMIT]. 27 * Sec. 18. AS 08.84.150 is amended to read: 28 Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 29 to practice physical therapy without being licensed under this chapter unless the 30 person is 31 (1) a student in an accredited physical therapy program;
01 (2) a graduate of a foreign school of physical therapy fulfilling the 02 internship requirement of AS 08.84.032, and then only unless under the continuous 03 direction and immediate supervision of a physical therapist; or 04 (3) issued a temporary [LIMITED] permit under AS 08.01.062 05 [AS 08.84.075]. 06 (b) A person may not provide services that the person describes as 07 occupational therapy without being licensed under this chapter unless the person is 08 (1) a student in an accredited occupational therapy program or in a 09 supervised field work program; 10 (2) a graduate of a foreign school of occupational therapy fulfilling the 11 internship requirement of AS 08.84.032, and then only unless under the continuous 12 direction and immediate supervision of an occupational therapist; 13 (3) an occupational therapist or occupational therapy assistant 14 employed by the United States government while in the discharge of official duties; 15 (4) granted a temporary [LIMITED] permit under AS 08.01.062 16 [AS 08.84.075]; 17 (5) licensed under this title and uses occupational therapy skills in the 18 practice of the profession for which the license is issued; or 19 (6) employed as a teacher or teacher's aide by an educational 20 institution and is required to use occupational therapy skills during the course of 21 employment, if 22 (A) the occupational therapy skills are used under a program 23 implemented by the employer and developed by a licensed occupational 24 therapist; 25 (B) the employer maintains direct supervision of the person's 26 use of occupational therapy skills; and 27 (C) the person does not represent to 28 (i) be an occupational therapist or occupational therapy 29 assistant; and 30 (ii) practice occupational therapy. 31 * Sec. 19. AS 08.98.120(a) is amended to read:
01 (a) A person may not practice veterinary medicine, surgery, or dentistry unless 02 the person is licensed as a veterinarian under this chapter or has a temporary permit 03 issued under AS 08.01.062 [AS 08.98.186], except that a person may perform 04 functions authorized by 05 (1) regulation of the board if the person is licensed as a veterinary 06 technician; or 07 (2) a permit issued under AS 08.02.050 if the person is employed by 08 an agency that has a permit issued under AS 08.02.050. 09 * Sec. 20. AS 08.98.180 is amended to read: 10 Sec. 08.98.180. Temporary supervised practice license. A person who meets 11 the requirements of AS 08.98.165(a)(1), (4), and (5) is entitled to receive a 12 temporary supervised practice license [BE TEMPORARILY LICENSED] after 13 applying for examination if the person works under the supervision of a licensed 14 veterinarian. A license issued under this section is valid until the results of the 15 examinations are published. A person may not receive more than one temporary 16 license. An application for a temporary supervised practice license must be signed by 17 the supervising veterinarian and accompanied by the temporary license fee required 18 under AS 08.98.190. 19 * Sec. 21. AS 08.98.190 is amended to read: 20 Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 21 following: 22 (1) application; 23 (2) examination; 24 (3) investigation of credentials; 25 (4) license; 26 (5) license renewal; 27 (6) temporary supervised practice license [; 28 (7) TEMPORARY PERMIT]. 29 * Sec. 22. AS 08.01.063, 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 30 08.11.025; AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; 31 AS 08.36.254; AS 08.45.035; AS 08.64.101(b)(2), 08.64.270, 08.64.275; AS 08.68.210;
01 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; 02 AS 08.95.125; and AS 08.98.186 are repealed. 03 * Sec. 23. This Act takes effect January 1, 2022.