HB 158: "An Act relating to professional licensing; relating to temporary licenses for certain professions; and providing for an effective date."
00 HOUSE BILL NO. 158 01 "An Act relating to professional licensing; relating to temporary licenses for certain 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 is amended by adding a new section to read: 05 Sec. 08.01.061. Temporary license. (a) The department may issue a 06 temporary license to practice an occupation in AS 08.01.010 if 07 (1) the applicant 08 (A) is licensed or credentialed to practice the occupation in 09 another state or territory of the United States that 10 (i) has requirements for a license to practice the 11 occupation that are substantially equivalent to or greater than the 12 requirements listed in the applicable chapter of this title; and 13 (ii) authorizes a scope of practice substantially 14 equivalent to the scope of practice of the corresponding license in this
01 state; or 02 (B) does not hold a license to practice that occupation in 03 another jurisdiction but meets the qualifications and requirements for a license 04 under the applicable chapter of this title through military education, training, 05 and service under AS 08.01.064; 06 (2) at the time of application, the applicant is not subject to 07 disciplinary action related to the occupation in another jurisdiction or the subject of an 08 ongoing review or disciplinary proceeding by the licensing authority in that 09 jurisdiction; 10 (3) in the 10 years preceding the submission of an application, the 11 applicant has not committed an act in another jurisdiction that would constitute 12 grounds for the denial or revocation of a license, certificate, or permit to practice that 13 occupation at the time the act was committed; and 14 (4) the applicable fees are paid. 15 (b) If the department or applicable board requires that an applicant for a 16 professional license submit information related to a criminal history record check, 17 those requirements also apply to an applicant for a temporary license. The department 18 may grant a temporary license before obtaining the resulting report. 19 (c) If the department finds that a temporary license was secured through 20 deceit, fraud, or intentional misrepresentation, the department may take disciplinary 21 action against the temporary license, including revoking the temporary license. 22 (d) A temporary license is valid for up to 180 days as determined by the 23 department. For each temporary license issued to an applicant, the applicant may 24 apply for one 180-day extension, which will be approved at the department's 25 discretion. 26 (e) Except as provided in (f) of this section, a temporary license for an 27 occupation listed in AS 08.01.010 satisfies the requirements to practice that 28 occupation. 29 (f) This section does not apply to an occupation regulated under AS 08.54 or 30 AS 08.62. 31 * Sec. 2. AS 08.01.062 is amended to read:
01 Sec. 08.01.062. Courtesy licenses. (a) A board established under this title 02 [AND THE DEPARTMENT, WITH RESPECT TO AN OCCUPATION THAT IT 03 REGULATES UNDER THIS TITLE,] may by regulation establish criteria for issuing 04 a [TEMPORARY] courtesy license to nonresidents who enter the state so that, on a 05 temporary basis, they may practice the occupation regulated by the board for a 06 limited purpose. A courtesy license may not authorize a licensee to engage in the 07 general practice of the related occupation [OR THE DEPARTMENT]. 08 (b) The regulations adopted under (a) of this section may include limitations 09 relating to the 10 (1) duration of the license's validity; 11 (2) scope of practice allowed under the license; and 12 (3) other matters considered important by the board [OR THE 13 DEPARTMENT]. 14 * Sec. 3. AS 08.01.063 is repealed and reenacted to read: 15 Sec. 08.01.063. Portability of professional licenses for servicemembers and 16 their spouses. (a) Except as provided in (e) of this section and 50 U.S.C. 4025a, the 17 department shall issue a license to practice an occupation in AS 08.01.010 that has an 18 equivalent scope of practice as a certificate or license held by a servicemember or 19 spouse of a servicemember if the servicemember or spouse relocates residence to the 20 state in accordance with military orders, applies in a manner prescribed by the 21 department, and meets the requirements of this section. An application under this 22 section must include 23 (1) evidence satisfactory to the department that the applicant 24 (A) has received military orders, or is the spouse of a 25 servicemember who has received military orders, for military service in the 26 state; 27 (B) holds a license or certificate issued by the licensing 28 authority of another state that 29 (i) is in good standing with the licensing authority; 30 (ii) has not been revoked or subject to discipline; 31 (iii) does not have an investigation relating to
01 unprofessional conduct pending in any state relating to it; and 02 (iv) has not been voluntarily surrendered while under 03 investigation for unprofessional conduct in any state; and 04 (C) is in good standing with the licensing authority of any state 05 that has issued the applicant a license or certificate. 06 (2) a notarized affidavit affirming, under penalty of law, that 07 (A) the applicant is the person described and identified in the 08 application; 09 (B) all statements made in the application are true and correct; 10 (C) the applicant has read and understands the requirements to 11 receive a license and the scope of practice of that license type; 12 (D) the applicant will comply with the requirements to practice 13 under the license, including requirements related to discipline and fulfillment 14 of continuing education; and 15 (E) the applicant is in good standing with the licensing 16 authority of 17 (i) the jurisdiction that issued the applicant's existing 18 license or certificate; and 19 (ii) any other jurisdiction of a state, district, or territory 20 of the United States that has issued the applicant a license or certificate; 21 (3) if the applicant is the spouse of a military servicemember, a copy of 22 the marriage certificate; and 23 (4) payment of any applicable fees. 24 (b) If an applicant meets the requirements of (a) of this section, the department 25 shall issue a license to the applicant within 30 days after receipt of the application. The 26 department may extend the 30-day period only for the purpose of completing a 27 criminal history record check under (d) of this section. If the department cannot issue 28 the license within 30 days, the department may issue to the applicant a temporary 29 license to practice the profession while the criminal history record check is pending. 30 (c) Notwithstanding (d) of this section, a license issued under this section is 31 subject to the applicable department or board requirements for that license and for the
01 practice of the related profession, including renewal dates established under 02 AS 08.01.100. 03 (d) If the department or applicable board requires that an applicant for a 04 professional license submit information related to a criminal history record check, the 05 department may require an applicant under this section to meet the same requirements. 06 (e) This section does not apply to 07 (1) a profession not set out under AS 08.01.010; or 08 (2) a profession that is subject to an interstate licensing compact that 09 has been entered into by the state. 10 (f) In this section, 11 (1) "license" has the meaning given in 50 U.S.C. 4025a; 12 (2) "licensing authority" has the meaning given under 50 U.S.C. 13 4025a; 14 (3) "military orders" has the meaning given under 50 U.S.C. 4025a; 15 (4) "military service" has the meaning given under 50 U.S.C. 3911; 16 (5) "scope of practice" has the meaning given under 50 U.S.C. 4025a; 17 (6) "servicemember" has the meaning given in 50 U.S.C. 3911. 18 * Sec. 4. AS 08.13.070 is amended to read: 19 Sec. 08.13.070. License required. A person may not 20 (1) practice barbering, hairdressing, hair braiding, manicuring, 21 esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, 22 [TEMPORARY PERMIT,] temporary license under AS 08.01.061, or student permit 23 unless exempted under AS 08.13.160(d); 24 (2) practice barbering, hairdressing, hair braiding, manicuring, 25 esthetics, body piercing, tattooing, or permanent cosmetic coloring except in a shop or 26 school licensed under this chapter unless exempted under AS 08.13.160(d) or 27 permitted under AS 08.13.160(e); 28 (3) open or conduct a school of barbering, hairdressing, manicuring, or 29 esthetics without a license; 30 (4) teach in a school of barbering, hairdressing, manicuring, or 31 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or
01 esthetics without an instructor's license; 02 (5) operate a shop in violation of AS 08.13.120; 03 (6) permit an employee or other person being supervised who is not 04 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 05 manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring 06 without a license, [TEMPORARY PERMIT,] temporary license under AS 08.01.061, 07 or student permit; 08 (7) permit the use of the person's license, [TEMPORARY PERMIT,] 09 temporary license under AS 08.01.061, or student permit by another person; 10 (8) obtain or attempt to obtain a license, [TEMPORARY PERMIT,] 11 temporary license under AS 08.01.061, or student permit by fraudulent means. 12 * Sec. 5. AS 08.13.120(b) is amended to read: 13 (b) The regulations adopted under (a) of this section must include provisions 14 under which the board may issue a temporary shop license to a person who has a 15 license or temporary license under AS 08.01.061 [PERMIT UNDER THIS 16 CHAPTER] to practice tattooing, permanent cosmetic coloring, or body piercing. The 17 temporary shop license authorized under this subsection may only be issued to cover a 18 site where the practitioner intends to hold a workshop or to demonstrate techniques as 19 part of a convention or other special event, as defined by the board, that includes other 20 practitioners of tattooing, permanent cosmetic coloring, or body piercing. Each 21 practitioner of tattooing, permanent cosmetic coloring, or body piercing who holds a 22 workshop or demonstrates techniques at a convention or special event shall have a 23 separate temporary shop license and a license or temporary license under 24 AS 08.01.061 [PERMIT UNDER THIS CHAPTER] to practice tattooing, permanent 25 cosmetic coloring, or body piercing. The board shall issue a temporary shop license 26 upon receipt of an application from a practitioner demonstrating compliance with the 27 regulations adopted under this section and payment of the appropriate fee; however, 28 the temporary shop license may be summarily revoked, without refunding of the fee, if 29 the Department of Environmental Conservation determines after an inspection that the 30 cleanliness or sanitation conditions at the site covered by the temporary shop license 31 pose a clear and immediate danger to the public health or safety. A licensee may
01 appeal a summary revocation under this subsection to the superior court. 02 * Sec. 6. AS 08.13.130(a) is amended to read: 03 (a) A practitioner shall display the practitioner's license in a conspicuous 04 location in the practitioner's place of business. Each shop owner is responsible for the 05 conspicuous display of the shop's license and the licenses of employees and 06 individuals renting booths in the shop. A person holding a student permit or [,] 07 temporary license under AS 08.01.061 [, OR TEMPORARY PERMIT] shall display 08 the permit or license in a conspicuous location in the school in which the person is 09 enrolled or the shop in which the person works. The school or shop owner is 10 responsible for the display of a permit or license for each enrolled student, apprentice, 11 or temporary license holder. 12 * Sec. 7. AS 08.13.150 is amended to read: 13 Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 14 or permit. The board may, in addition to the actions authorized under AS 08.01.075, 15 refuse, suspend, or revoke a license, temporary shop license, student permit, or 16 temporary license under AS 08.01.061 [, OR TEMPORARY PERMIT] for failure to 17 comply with this chapter, with a regulation adopted under this chapter, with a 18 regulation adopted by the Department of Environmental Conservation under 19 AS 44.46.020, or with an order of the board. 20 * Sec. 8. AS 08.13.175 is amended to read: 21 Sec. 08.13.175. Temporary license. A person who receives a temporary 22 license under AS 08.01.061 must work [MEETS THE REQUIREMENTS OF 23 AS 08.13.080(a)(1), (2), (3), (4), OR (6) IS ENTITLED TO BE TEMPORARILY 24 LICENSED AFTER APPLYING FOR EXAMINATION UNDER THIS CHAPTER 25 IF THE APPLICANT WORKS] under the direct supervision, and within the physical 26 presence, of a person who is licensed under this chapter. [IN THE AREA OF 27 PRACTICE FOR WHICH THE APPLICANT HAS APPLIED FOR 28 EXAMINATION. A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS 29 VALID FOR 120 DAYS AND IS NONRENEWABLE. A PERSON MAY NOT 30 RECEIVE MORE THAN ONE TEMPORARY LICENSE FOR EACH AREA OF 31 PRACTICE LICENSED UNDER THIS CHAPTER. AN APPLICATION FOR A
01 TEMPORARY LICENSE MUST BE SIGNED BY THE SUPERVISING LICENSEE 02 AND ACCOMPANIED BY THE TEMPORARY LICENSE FEE REQUIRED 03 UNDER AS 08.13.185.] 04 * Sec. 9. AS 08.13.185(a) is amended to read: 05 (a) The Department of Commerce, Community, and Economic Development 06 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 07 (1) schools; 08 (2) school owners; 09 (3) instructor; 10 (4) shop owner; 11 (5) practitioner of barbering; 12 (6) practitioner of hairdressing; 13 (7) practitioner of manicuring; 14 (8) practitioner of esthetics; 15 (9) practitioner of tattooing; 16 (10) practitioner of body piercing; 17 (11) temporary shop license; 18 (12) [TEMPORARY PERMIT; 19 (13)] temporary license; 20 (13) [(14)] student permit; 21 (14) [(15)] endorsement for advanced manicuring; 22 (15) [(16)] practitioner of hair braiding; 23 (16) [(17)] practitioner of permanent cosmetic coloring; 24 (17) [(18)] practitioner of non-chemical barbering. 25 * Sec. 10. AS 08.13.190 is amended to read: 26 Sec. 08.13.190. Failure to possess a license or permit. (a) A person who 27 practices barbering, hairdressing, hair braiding, esthetics, tattooing, permanent 28 cosmetic coloring, or body piercing, or operates a shop, or operates a school of 29 barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, 30 or esthetics, without a license, [TEMPORARY PERMIT,] temporary license under 31 AS 08.01.061, or student permit and who is not exempt under AS 08.13.120 or under
01 AS 08.13.160(d) is guilty of a class B misdemeanor. 02 (b) A person who practices manicuring, operates a shop for manicuring, 03 operates a school of manicuring, or teaches in a school of manicuring without the 04 appropriate license, [TEMPORARY PERMIT,] temporary license under 05 AS 08.01.061, or student permit and who is not exempt under AS 08.13.120 or 06 08.13.160(d) is guilty of a violation. 07 * Sec. 11. AS 08.20.180(a) is amended to read: 08 (a) An applicant for an examination, reexamination, issuance of a temporary 09 license [PERMIT] under AS 08.01.061 [AS 08.20.160, ISSUANCE OF A LOCUM 10 TENENS PERMIT UNDER AS 08.20.163], issuance of a license by credentials under 11 AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 12 renewal of an active or inactive license shall pay a fee established under 13 AS 08.01.065. 14 * Sec. 12. AS 08.36.100 is amended to read: 15 Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND 16 08.36.254], a person may not practice, or attempt to practice, dentistry without a 17 license. 18 * Sec. 13. AS 08.64.279 is amended to read: 19 Sec. 08.64.279. Interview for permit or temporary license [PERMITS]. An 20 applicant for an intern permit or a temporary license under AS 08.01.061 [, A 21 RESIDENT PERMIT, OR A TEMPORARY PERMIT FOR LOCUM TENENS 22 PRACTICE] may be interviewed in person by the board, a member of the board, the 23 executive secretary of the board, or a person designated for that purpose by the board. 24 * Sec. 14. AS 08.64.315 is amended to read: 25 Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 26 each of the following: 27 (1) application; 28 (2) license by examination; 29 (3) license by endorsement or waiver of examination; 30 (4) [TEMPORARY PERMIT; 31 (5) LOCUM TENENS PERMIT;
01 (6)] license renewal, active; 02 (5) [(7)] license renewal, inactive; 03 (6) temporary license under AS 08.01.061; 04 (7) [(8)] license by reexamination. 05 * Sec. 15. AS 08.68.220 is amended to read: 06 Sec. 08.68.220. Fees. The Department of Commerce, Community, and 07 Economic Development shall set fees under AS 08.01.065 for each of the following: 08 (1) registered nursing: 09 (A) application; 10 (B) license by examination; 11 (C) license by endorsement; 12 (D) license renewal; 13 (E) temporary license under AS 08.01.061 [PERMIT]; 14 (2) practical nursing: 15 (A) application; 16 (B) license by examination; 17 (C) license by endorsement; 18 (D) license renewal; 19 (E) temporary license under AS 08.01.061 [PERMIT]; 20 (3) advanced practice registered nursing: 21 (A) application; 22 (B) license by certification examination; 23 (C) license by endorsement; 24 (D) license renewal; 25 (E) temporary license under AS 08.01.061 [PERMIT]. 26 * Sec. 16. AS 08.68.230(d) is amended to read: 27 (d) A person who holds a temporary license under AS 08.01.061 [PERMIT] 28 to practice as a licensed practical nurse shall use the title "Temporary Licensed 29 Practical Nurse" and the abbreviation "TLPN." 30 * Sec. 17. AS 08.84.010(b) is amended to read: 31 (b) The board shall control all matters pertaining to the licensing of physical
01 therapists, physical therapist assistants, occupational therapists, and occupational 02 therapy assistants and the practice of physical therapy and the practice of occupational 03 therapy under this chapter. The board shall 04 (1) pass upon the qualifications of applicants; 05 (2) provide for the examination of applicants; 06 (3) issue [TEMPORARY PERMITS AND] licenses to persons 07 qualified under this chapter; 08 (4) suspend, revoke, or refuse to issue or renew a license under 09 AS 08.84.120; 10 (5) keep a current register listing the name, business address, date, and 11 number of the license of each person who is licensed to practice under this chapter; 12 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 13 necessary to carry out the purposes of this chapter, including regulations establishing 14 qualifications for licensure and renewal of licensure under this chapter. 15 * Sec. 18. AS 08.84.050 is amended to read: 16 Sec. 08.84.050. Fees. The Department of Commerce, Community, and 17 Economic Development shall set fees under AS 08.01.065 for the following: 18 (1) application; 19 (2) license by examination; 20 (3) license by acceptance of credentials; 21 (4) renewal; 22 (5) temporary license under AS 08.01.061 [PERMIT; 23 (6) LIMITED PERMIT]. 24 * Sec. 19. AS 08.84.150 is amended to read: 25 Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 26 to practice physical therapy without being licensed under this chapter unless the 27 person is 28 (1) a student in an accredited physical therapy program; 29 (2) a graduate of a foreign school of physical therapy fulfilling the 30 internship requirement of AS 08.84.032, and then only unless under the continuous 31 direction and immediate supervision of a physical therapist; or
01 (3) issued a temporary license [LIMITED PERMIT] under 02 AS 08.01.061 [AS 08.84.075]. 03 (b) A person may not provide services that the person describes as 04 occupational therapy without being licensed under this chapter unless the person is 05 (1) a student in an accredited occupational therapy program or in a 06 supervised field work program; 07 (2) a graduate of a foreign school of occupational therapy fulfilling the 08 internship requirement of AS 08.84.032, and then only unless under the continuous 09 direction and immediate supervision of an occupational therapist; 10 (3) an occupational therapist or occupational therapy assistant 11 employed by the United States government while in the discharge of official duties; 12 (4) granted a temporary license [LIMITED PERMIT] under 13 AS 08.01.061 [AS 08.84.075]; 14 (5) licensed under this title and uses occupational therapy skills in the 15 practice of the profession for which the license is issued; or 16 (6) employed as a teacher or teacher's aide by an educational 17 institution and is required to use occupational therapy skills during the course of 18 employment, if 19 (A) the occupational therapy skills are used under a program 20 implemented by the employer and developed by a licensed occupational 21 therapist; 22 (B) the employer maintains direct supervision of the person's 23 use of occupational therapy skills; and 24 (C) the person does not represent to 25 (i) be an occupational therapist or occupational therapy 26 assistant; and 27 (ii) practice occupational therapy. 28 * Sec. 20. AS 08.98.120(a) is amended to read: 29 (a) A person may not practice veterinary medicine, surgery, or dentistry unless 30 the person is licensed as a veterinarian under this chapter or has a temporary license 31 [PERMIT ISSUED] under AS 08.01.061 [AS 08.98.186], except that a person may
01 perform functions authorized by 02 (1) regulation of the board if the person is licensed as a veterinary 03 technician; or 04 (2) a permit issued under AS 08.02.050 if the person is employed by 05 an agency that has a permit issued under AS 08.02.050. 06 * Sec. 21. AS 08.98.180 is amended to read: 07 Sec. 08.98.180. Temporary license. A person who is granted a temporary 08 license by the department under AS 08.01.061 must work [MEETS THE 09 REQUIREMENTS OF AS 08.98.165(a)(1), (4), AND (5) IS ENTITLED TO BE 10 TEMPORARILY LICENSED AFTER APPLYING FOR EXAMINATION IF THE 11 PERSON WORKS] under the supervision of a [LICENSED] veterinarian licensed 12 under this chapter. [A LICENSE ISSUED UNDER THIS SECTION IS VALID 13 UNTIL THE RESULTS OF THE EXAMINATIONS ARE PUBLISHED. A PERSON 14 MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE. AN 15 APPLICATION FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE 16 SUPERVISING VETERINARIAN AND ACCOMPANIED BY THE TEMPORARY 17 LICENSE FEE REQUIRED UNDER AS 08.98.190.] 18 * Sec. 22. AS 08.98.190 is amended to read: 19 Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 20 following: 21 (1) application; 22 (2) examination; 23 (3) investigation of credentials; 24 (4) license; 25 (5) license renewal; 26 (6) temporary license under AS 08.01.061 [; 27 (7) TEMPORARY PERMIT]. 28 * Sec. 23. AS 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 08.11.025; 29 AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; AS 08.36.254; 30 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; 31 AS 08.68.210; AS 08.70.130; AS 08.80.150, 08.80.155; AS 08.84.065, 08.84.075;
01 AS 08.86.135, 08.86.166; AS 08.95.125; and AS 08.98.186 are repealed. 02 * Sec. 24. 12 AAC 02.956, 12 AAC 02.957, 12 AAC 04.184, 12 AAC 14.135, 12 AAC 03 16.206, 12 AAC 18.108, 12 AAC 19.116, 12 AAC 28.958, 12 AAC 36.112, 12 AAC 40.046, 04 12 AAC 44.312, 12 AAC 48.035, 12 AAC 52.105, 12 AAC 54.130, 12 AAC 54.660, 12 AAC 05 60.032, 12 AAC 62.135, 12 AAC 64.066, 12 AAC 68.043, 12 AAC 70.135, and 12 AAC 06 79.115 are annulled. 07 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 10 Economic Development may adopt regulations necessary to implement the changes made by 11 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 12 before the effective date of the law implemented by the regulation. 13 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: SAVINGS CLAUSE. (a) Litigation, hearings, investigations, appeals, 16 and other proceedings pending under a law amended or repealed by this Act continue in effect 17 and may be continued and completed notwithstanding a transfer or amendment or repeal 18 provided for in this Act. 19 (b) Certificates, orders, permits, licenses, and regulations issued or adopted under the 20 authority of a law amended or repealed by this Act remain in effect for the term issued, or 21 until revoked, vacated, or otherwise modified under the provisions of this Act. 22 (c) Contracts, rights, liabilities, and obligations created by or under a law amended or 23 repealed by this Act, and in effect on the effective date of this Act, remain in effect 24 notwithstanding this Act's taking effect. 25 * Sec. 27. Sections 3, 25, and 26 of this Act take effect immediately under AS 01.10.070(c). 26 * Sec. 28. Except as provided in sec. 27 of this Act, this Act takes effect July 1, 2026.