HB 85: "An Act relating to professional licensing; relating to temporary licenses for some professions; and providing for an effective date."
00 HOUSE BILL NO. 85 01 "An Act relating to professional licensing; relating to temporary licenses for some 02 professions; 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 AS 08.01.062 is repealed and reenacted to read: 05 Sec. 08.01.062.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 license. (a) The department shall issue an 06 applicant a temporary license under this section to engage in a profession regulated 07 under this chapter if 08 (1) the applicant 09 (A) is licensed or credentialed to practice the profession in 10 another state or territory of the United States or province or territory of Canada 11 that 12 (i) has requirements for a license to practice the 13 profession that are substantially equivalent to or greater than the 14 requirements listed in the applicable chapter of this title; or
01 (ii) authorizes a scope of practice substantially 02 equivalent to the scope of practice of the corresponding license in this 03 state; 04 (B) meets the qualifications and requirements for a license as 05 listed in the applicable chapter of this title and resides in a state or territory of 06 the United States or province or territory of Canada that does not license 07 individuals to practice that profession; or 08 (C) if applicable, meets the qualifications and requirements for 09 a license under the applicable chapter of this title through military education, 10 training, and service under AS 08.01.064(a) and does not already hold a license 11 to practice that profession in another jurisdiction as a member of the armed 12 forces listed in AS 08.01.064(a)(2); 13 (2) at the time of the application, the applicant is not subject to 14 disciplinary action related to the profession in another jurisdiction or the subject of an 15 ongoing review or disciplinary proceeding by the profession's licensing entity in that 16 jurisdiction; 17 (3) within 10 years before submitting an application, the applicant has 18 not committed an act in another jurisdiction that would have constituted grounds for 19 the denial or revocation of a license, certificate, or permit to practice that occupation 20 under this title; and 21 (4) the applicable fees are paid. 22 (b) If the department or applicable board requires that an applicant for a 23 professional license undergo a criminal history record check, the applicant for a 24 temporary license will be subject to the same requirements. The department may 25 consider an application and grant a temporary license before obtaining any resulting 26 report. If the department subsequently receives criminal record information that would 27 authorize the department or board to take disciplinary action, the department or board 28 shall exercise that authority. 29 (c) A temporary license issued under this section is valid for up to 180 days, as 30 determined by the department. An applicant may apply for one 180-day extension, 31 which will be approved at the department's discretion.
01 (d) Notwithstanding any other provision of law, a temporary license issued 02 under this section for an occupation listed in AS 08.01.010, excluding the professions 03 regulated under AS 08.48, AS 08.54, and AS 08.62, satisfies the requirements to 04 temporarily practice the profession for which a license was granted. 05 (e) The department may revoke a license issued under this section if the 06 department finds that the license was secured through deceit, fraud, or intentional 07 misrepresentation. 08 (f) The department shall set fees for temporary licenses under AS 08.01.065. 09 * Sec. 2. AS 08.01.063(a) is amended to read: 10 (a) Except as provided in (d) of this section, and notwithstanding another 11 provision of law, the department or appropriate board shall issue a temporary military 12 courtesy license to an active duty member of the armed forces of the United States or 13 the spouse of an active duty member of the armed forces of the United States if the 14 active duty member or spouse meets the requirements of this section and applies to the 15 department or appropriate board in the manner prescribed by the department or 16 appropriate board. An application must include evidence satisfactory to the department 17 or appropriate board that the applicant 18 (1) is an active duty member of the armed forces of the United States 19 or is married to and living with a member of the armed forces of the United States who 20 is on active duty and assigned to a duty station in this state under official active duty 21 military orders; 22 (2) holds a current license or certificate in another state, district, or 23 territory of the United States, or that is recognized by the United States, including a 24 branch of the armed forces of the United States, with requirements that the department 25 or appropriate board determines are substantially equivalent to those established under 26 this title for that occupation; 27 (3) if required by the department or appropriate board for obtaining a 28 license or certificate in the applicant's profession, has been fingerprinted and has 29 provided the fees required by the Department of Public Safety under AS 12.62.160 for 30 criminal justice information and a national criminal history record check; the 31 fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a
01 report of criminal justice information under AS 12.62 and a national criminal history 02 record check under AS 12.62.400; 03 (4) has not committed an act in any jurisdiction that would have 04 constituted grounds for the refusal, suspension, or revocation of a license or certificate 05 to practice that occupation under this title at the time the act was committed; 06 (5) has not been disciplined by a licensing or credentialing entity in 07 another jurisdiction and is not the subject of an unresolved complaint, review 08 procedure, or disciplinary proceeding conducted by a licensing or credentialing entity 09 in another jurisdiction; and 10 (6) pays any fees required under this title. 11 * Sec. 3. AS 08.01.063(b) is amended to read: 12 (b) The department or appropriate board shall issue a temporary military 13 courtesy license under this section to a person who meets the requirements under (a) 14 of this section within 30 days after the department or appropriate board receives the 15 person's completed application for the temporary military courtesy license. 16 * Sec. 4. AS 08.01.063(c) is amended to read: 17 (c) A temporary military courtesy license issued under this section is valid for 18 180 days and may be extended at the discretion of the department or appropriate board 19 for one additional 180-day period, on application of the holder of the temporary 20 military courtesy license. 21 * Sec. 5. AS 08.01.063(e) is amended to read: 22 (e) The department shall prepare an annual report that describes, for the 23 previous fiscal year, information on temporary military courtesy licenses issued under 24 this section, including 25 (1) expedited application procedures; 26 (2) progress made toward implementing regulations for the licenses, 27 changes to regulations made to accommodate the needs of military spouses, and any 28 plans for future regulations; 29 (3) the number and type of the licenses that have been issued; and 30 (4) the department's efforts to inform each board authorized to issue a 31 temporary military courtesy license under this section and the military community in
01 the state about the licenses. 02 * Sec. 6. AS 08.01.063(g) is amended to read: 03 (g) The department shall annually produce and distribute to each board 04 authorized to issue a temporary military courtesy license under this section 05 informational materials for the purpose of improving the board's knowledge of the 06 temporary military courtesy licenses, the application process, and best practices in 07 providing applicant support. The department shall encourage the boards to designate a 08 single employee to serve as the point of contact for public information and inquiries 09 related to temporary military courtesy licenses for military spouses. 10 * Sec. 7. AS 08.13.070 is amended to read: 11 Sec. 08.13.070. License required. A person may not 12 (1) practice barbering, hairdressing, hair braiding, manicuring, 13 esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, 14 [TEMPORARY PERMIT,] temporary license under AS 08.01.062, or student permit 15 unless exempted under AS 08.13.160(d); 16 (2) practice barbering, hairdressing, hair braiding, manicuring, 17 esthetics, body piercing, tattooing, or permanent cosmetic coloring except in a shop or 18 school licensed under this chapter unless exempted under AS 08.13.160(d) or 19 permitted under AS 08.13.160(e); 20 (3) open or conduct a school of barbering, hairdressing, manicuring, or 21 esthetics without a license; 22 (4) teach in a school of barbering, hairdressing, manicuring, or 23 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 24 esthetics without an instructor's license; 25 (5) operate a shop in violation of AS 08.13.120; 26 (6) permit an employee or other person being supervised who is not 27 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 28 manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring 29 without a license, [TEMPORARY PERMIT,] temporary license under AS 08.01.062, 30 or student permit; 31 (7) permit the use of the person's license, [TEMPORARY PERMIT,]
01 temporary license under AS 08.01.062, or student permit by another person; 02 (8) obtain or attempt to obtain a license, [TEMPORARY PERMIT,] 03 temporary license under AS 08.01.062, or student permit by fraudulent means. 04 * Sec. 8. AS 08.13.120(b) is amended to read: 05 (b) The regulations adopted under (a) of this section must include provisions 06 under which the board may issue a temporary shop license to a person who has a 07 license or temporary license under AS 08.01.062 [PERMIT UNDER THIS 08 CHAPTER] to practice tattooing, permanent cosmetic coloring, or body piercing. The 09 temporary shop license authorized under this subsection may only be issued to cover a 10 site where the practitioner intends to hold a workshop or to demonstrate techniques as 11 part of a convention or other special event, as defined by the board, that includes other 12 practitioners of tattooing, permanent cosmetic coloring, or body piercing. Each 13 practitioner of tattooing, permanent cosmetic coloring, or body piercing who holds a 14 workshop or demonstrates techniques at a convention or special event shall have a 15 separate temporary shop license and a license or temporary license under 16 AS 08.01.062 [PERMIT UNDER THIS CHAPTER] to practice tattooing, permanent 17 cosmetic coloring, or body piercing. The board shall issue a temporary shop license 18 upon receipt of an application from a practitioner demonstrating compliance with the 19 regulations adopted under this section and payment of the appropriate fee; however, 20 the temporary shop license may be summarily revoked, without refunding of the fee, if 21 the Department of Environmental Conservation determines after an inspection that the 22 cleanliness or sanitation conditions at the site covered by the temporary shop license 23 pose a clear and immediate danger to the public health or safety. A licensee may 24 appeal a summary revocation under this subsection to the superior court. 25 * Sec. 9. AS 08.13.130(a) is amended to read: 26 (a) A practitioner shall display the practitioner's license in a conspicuous 27 location in the practitioner's place of business. Each shop owner is responsible for the 28 conspicuous display of the shop's license and the licenses of employees and 29 individuals renting booths in the shop. A person holding a student permit or [,] 30 temporary license under AS 08.01.062 [, OR TEMPORARY PERMIT] shall display 31 the permit or license in a conspicuous location in the school in which the person is
01 enrolled or the shop in which the person works. The school or shop owner is 02 responsible for the display of a permit or license for each enrolled student, apprentice, 03 or temporary license holder. 04 * Sec. 10. AS 08.13.150 is amended to read: 05 Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 06 or permit. The board may, in addition to the actions authorized under AS 08.01.075, 07 refuse, suspend, or revoke a license, temporary shop license, student permit, or 08 temporary license under AS 08.01.062 [, OR TEMPORARY PERMIT] for failure to 09 comply with this chapter, with a regulation adopted under this chapter, with a 10 regulation adopted by the Department of Environmental Conservation under 11 AS 44.46.020, or with an order of the board. 12 * Sec. 11. AS 08.13.160(d) is amended to read: 13 (d) The licensing and permit provisions of this chapter do not apply to 14 (1) a person practicing barbering, hairdressing, hair braiding, 15 manicuring, or esthetics in a community having a population of less than 1,000 people 16 that is not within 25 miles of a community of more than 1,000 people and who does 17 not use chemicals or uses only chemicals available to the general public; 18 (2) a licensed health care professional; 19 (3) a person licensed or permitted in [BY] another [LICENSING] 20 jurisdiction in a field of practice regulated [LICENSED] by this chapter while 21 demonstrating techniques or products to persons holding licenses or permits under this 22 chapter; 23 (4) a person practicing tattooing, permanent cosmetic coloring, or body 24 piercing solely on the person's own body; 25 (5) the practice of manicuring by a student as part of instruction in a 26 12-hour course approved under AS 08.13.110(d). 27 * Sec. 12. AS 08.13.175 is amended to read: 28 Sec. 08.13.175. Temporary license. A person who receives a temporary 29 license under AS 08.01.062 must work [MEETS THE REQUIREMENTS OF 30 AS 08.13.080(a)(1), (2), (3), (4), OR (6) IS ENTITLED TO BE TEMPORARILY 31 LICENSED AFTER APPLYING FOR EXAMINATION UNDER THIS CHAPTER
01 IF THE APPLICANT WORKS] under the direct supervision, and within the physical 02 presence, of a person who is licensed under this chapter. [IN THE AREA OF 03 PRACTICE FOR WHICH THE APPLICANT HAS APPLIED FOR 04 EXAMINATION. A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS 05 VALID FOR 120 DAYS AND IS NONRENEWABLE. A PERSON MAY NOT 06 RECEIVE MORE THAN ONE TEMPORARY LICENSE FOR EACH AREA OF 07 PRACTICE LICENSED UNDER THIS CHAPTER. AN APPLICATION FOR A 08 TEMPORARY LICENSE MUST BE SIGNED BY THE SUPERVISING LICENSEE 09 AND ACCOMPANIED BY THE TEMPORARY LICENSE FEE REQUIRED 10 UNDER AS 08.13.185.] 11 * Sec. 13. AS 08.13.185(a) is amended to read: 12 (a) The Department of Commerce, Community, and Economic Development 13 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 14 (1) schools; 15 (2) school owners; 16 (3) instructor; 17 (4) shop owner; 18 (5) practitioner of barbering; 19 (6) practitioner of hairdressing; 20 (7) practitioner of manicuring; 21 (8) practitioner of esthetics; 22 (9) practitioner of tattooing; 23 (10) practitioner of body piercing; 24 (11) temporary shop license; 25 (12) [TEMPORARY PERMIT; 26 (13)] temporary license; 27 (13) [(14)] student permit; 28 (14) [(15)] endorsement for advanced manicuring; 29 (15) [(16)] practitioner of hair braiding; 30 (16) [(17)] practitioner of permanent cosmetic coloring; 31 (17) [(18)] practitioner of non-chemical barbering.
01 * Sec. 14. AS 08.13.190 is amended to read: 02 Sec. 08.13.190. Failure to possess a license or permit. (a) A person who 03 practices barbering, hairdressing, hair braiding, esthetics, tattooing, permanent 04 cosmetic coloring, or body piercing, or operates a shop, or operates a school of 05 barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, 06 or esthetics, without a license, [TEMPORARY PERMIT,] temporary license under 07 AS 08.01.062, or student permit and who is not exempt under AS 08.13.120 or under 08 AS 08.13.160(d) is guilty of a class B misdemeanor. 09 (b) A person who practices manicuring, operates a shop for manicuring, 10 operates a school of manicuring, or teaches in a school of manicuring without the 11 appropriate license, [TEMPORARY PERMIT,] temporary license under 12 AS 08.01.062, or student permit and who is not exempt under AS 08.13.120 or 13 08.13.160(d) is guilty of a violation. 14 * Sec. 15. AS 08.20.180(a) is amended to read: 15 (a) An applicant for an examination, reexamination, issuance of a temporary 16 license [PERMIT] under AS 08.01.062 [AS 08.20.160, ISSUANCE OF A LOCUM 17 TENENS PERMIT UNDER AS 08.20.163], issuance of a license by credentials under 18 AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 19 renewal of an active or inactive license shall pay a fee established under 20 AS 08.01.065. 21 * Sec. 16. 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. 17. AS 08.64.279 is amended to read: 26 Sec. 08.64.279. Interview for permit or temporary license [PERMITS]. An 27 applicant for an intern permit or a temporary license under AS 08.01.062[, A 28 RESIDENT PERMIT, OR A TEMPORARY PERMIT FOR LOCUM TENENS 29 PRACTICE] may be interviewed in person by the board, a member of the board, the 30 executive secretary of the board, or a person designated for that purpose by the board. 31 * Sec. 18. AS 08.64.315 is amended to read:
01 Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 02 each of the following: 03 (1) application; 04 (2) license by examination; 05 (3) license by endorsement or waiver of examination; 06 (4) [TEMPORARY PERMIT; 07 (5) LOCUM TENENS PERMIT; 08 (6)] license renewal, active; 09 (5) [(7)] license renewal, inactive; 10 (6) temporary license under AS 08.01.062; 11 (7) [(8)] license by reexamination. 12 * Sec. 19. AS 08.68.220 is amended to read: 13 Sec. 08.68.220. Fees. The Department of Commerce, Community, and 14 Economic Development shall set fees under AS 08.01.065 for each of the following: 15 (1) registered nursing: 16 (A) application; 17 (B) license by examination; 18 (C) license by endorsement; 19 (D) license renewal; 20 (E) temporary license under AS 08.01.062 [PERMIT]; 21 (2) practical nursing: 22 (A) application; 23 (B) license by examination; 24 (C) license by endorsement; 25 (D) license renewal; 26 (E) temporary license under AS 08.01.062 [PERMIT]; 27 (3) advanced practice registered nursing: 28 (A) application; 29 (B) license by certification examination; 30 (C) license by endorsement; 31 (D) license renewal;
01 (E) temporary license under AS 08.01.062 [PERMIT]. 02 * Sec. 20. AS 08.68.230(d) is amended to read: 03 (d) A person who holds a temporary license under AS 08.01.062 [PERMIT] 04 to practice as a licensed practical nurse shall use the title "Temporary Licensed 05 Practical Nurse" and the abbreviation "TLPN." 06 * Sec. 21. AS 08.84.010(b) is amended to read: 07 (b) The board shall control all matters pertaining to the licensing of physical 08 therapists, physical therapist assistants, occupational therapists, and occupational 09 therapy assistants and the practice of physical therapy and the practice of occupational 10 therapy under this chapter. The board shall 11 (1) pass upon the qualifications of applicants; 12 (2) provide for the examination of applicants; 13 (3) issue [TEMPORARY PERMITS AND] licenses to persons 14 qualified under this chapter; 15 (4) suspend, revoke, or refuse to issue or renew a license under 16 AS 08.84.120; 17 (5) keep a current register listing the name, business address, date, and 18 number of the license of each person who is licensed to practice under this chapter; 19 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 20 necessary to carry out the purposes of this chapter, including regulations establishing 21 qualifications for licensure and renewal of licensure under this chapter. 22 * Sec. 22. AS 08.84.050 is amended to read: 23 Sec. 08.84.050. Fees. The Department of Commerce, Community, and 24 Economic Development shall set fees under AS 08.01.065 for the following: 25 (1) application; 26 (2) license by examination; 27 (3) license by acceptance of credentials; 28 (4) renewal; 29 (5) temporary license under AS 08.01.062 [PERMIT; 30 (6) LIMITED PERMIT]. 31 * Sec. 23. AS 08.84.150 is amended to read:
01 Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 02 to practice physical therapy without being licensed under this chapter unless the 03 person is 04 (1) a student in an accredited physical therapy program; 05 (2) a graduate of a foreign school of physical therapy fulfilling the 06 internship requirement of AS 08.84.032, and then only unless under the continuous 07 direction and immediate supervision of a physical therapist; or 08 (3) issued a temporary license [LIMITED PERMIT] under 09 AS 08.01.062 [AS 08.84.075]. 10 (b) A person may not provide services that the person describes as 11 occupational therapy without being licensed under this chapter unless the person is 12 (1) a student in an accredited occupational therapy program or in a 13 supervised field work program; 14 (2) a graduate of a foreign school of occupational therapy fulfilling the 15 internship requirement of AS 08.84.032, and then only unless under the continuous 16 direction and immediate supervision of an occupational therapist; 17 (3) an occupational therapist or occupational therapy assistant 18 employed by the United States government while in the discharge of official duties; 19 (4) granted a temporary license [LIMITED PERMIT] under 20 AS 08.01.062 [AS 08.84.075]; 21 (5) licensed under this title and uses occupational therapy skills in the 22 practice of the profession for which the license is issued; or 23 (6) employed as a teacher or teacher's aide by an educational 24 institution and is required to use occupational therapy skills during the course of 25 employment, if 26 (A) the occupational therapy skills are used under a program 27 implemented by the employer and developed by a licensed occupational 28 therapist; 29 (B) the employer maintains direct supervision of the person's 30 use of occupational therapy skills; and 31 (C) the person does not represent to
01 (i) be an occupational therapist or occupational therapy 02 assistant; and 03 (ii) practice occupational therapy. 04 * Sec. 24. AS 08.98.120(a) is amended to read: 05 (a) A person may not practice veterinary medicine, surgery, or dentistry unless 06 the person is licensed as a veterinarian under this chapter or has a temporary license 07 [PERMIT ISSUED] under AS 08.01.062 [AS 08.98.186], except that a person may 08 perform functions authorized by 09 (1) regulation of the board if the person is licensed as a veterinary 10 technician; or 11 (2) a permit issued under AS 08.02.050 if the person is employed by 12 an agency that has a permit issued under AS 08.02.050. 13 * Sec. 25. 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 licensed 19 under this chapter. [A LICENSE ISSUED UNDER THIS SECTION IS VALID 20 UNTIL THE RESULTS OF THE EXAMINATIONS ARE PUBLISHED. A PERSON 21 MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE. AN 22 APPLICATION FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE 23 SUPERVISING VETERINARIAN AND ACCOMPANIED BY THE TEMPORARY 24 LICENSE FEE REQUIRED UNDER AS 08.98.190.] 25 * Sec. 26. AS 08.98.190 is amended to read: 26 Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 27 following: 28 (1) application; 29 (2) examination; 30 (3) investigation of credentials; 31 (4) license;
01 (5) license renewal; 02 (6) temporary license under AS 08.01.062 [; 03 (7) TEMPORARY PERMIT]. 04 * Sec. 27. AS 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 08.11.025; 05 AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; AS 08.36.254; 06 AS 08.45.035(a), 08.45.035(b); AS 08.63.130; AS 08.64.101(b)(2), 08.64.270, 08.64.275; 07 AS 08.68.210; AS 08.70.130; AS 08.80.150, 08.80.155; AS 08.84.065, 08.84.075; 08 AS 08.86.135, 08.86.166; AS 08.95.125; and AS 08.98.186 are repealed. 09 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 12 Economic Development may adopt regulations necessary to implement the changes made by 13 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 14 before the effective date of the law implemented by the regulation. 15 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: SAVINGS CLAUSE. (a) Litigation, hearings, investigations, appeals, 18 and other proceedings pending under a law amended or repealed by this Act continue in effect 19 and may be continued and completed notwithstanding a transfer or amendment or repeal 20 provided for in this Act. 21 (b) Certificates, orders, permits, licenses, and regulations issued or adopted under the 22 authority of a law amended or repealed by this Act remain in effect for the term issued, or 23 until revoked, vacated, or otherwise modified under the provisions of this Act. 24 (c) Contracts, rights, liabilities, and obligations created by or under a law amended or 25 repealed by this Act, and in effect on the effective date of this Act, remain in effect 26 notwithstanding this Act's taking effect. 27 * Sec. 30. Sections 28 and 29 of this Act take effect immediately under AS 01.10.070(c). 28 * Sec. 31. Except as provided in sec. 30 of this Act, this Act takes effect July 1 2024.