Alaska 2023-2024 Regular Session

Alaska House Bill HB137 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0137a -1- HB 137
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11	11	HOUSE BILL NO. 137
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
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17	17	BY REPRESENTATIVE WRIGHT
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19	19	Introduced: 3/27/23
20	20	Referred:
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to an interstate physical therapy licensure compact; relating to the 1
28	28	licensure of physical therapists, physical therapist assistants, occupational therapists, 2
29	29	and occupational therapy assistants; and providing for an effective date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 08.84.010(b) is amended to read: 5
32	32	(b) The board shall control all matters pertaining to the licensing of physical 6
33	33	therapists, physical therapist assistants, occupational therapists, and occupational 7
34	34	therapy assistants and the practice of physical therapy and the practice of occupational 8
35	35	therapy. The board shall 9
36	36	(1) pass upon the qualifications of applicants; 10
37	37	(2) provide for the examination of applicants; 11
38	38	(3) issue temporary permits and licenses to persons qualified under this 12
39	39	chapter; 13
40	40	(4) suspend, revoke, or refuse to issue or renew a license under 14 33-LS0680\A
41	41	HB 137 -2- HB0137a
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44	44	AS 08.84.120; 1
45	45	(5) keep a current register listing the name, business address, date, and 2
46	46	number of the license of each person who is licensed to practice under this chapter; 3
47	47	(6) adopt regulations under AS 44.62 (Administrative Procedure Act) 4
48	48	necessary to carry out the purposes of this chapter, including regulations establishing 5
49	49	qualifications for licensure and renewal of licensure under this chapter; 6
50	50	(7) implement the Interstate Physical Therapy Licensure Compact 7
51	51	under AS 08.84.188. 8
52	52	* Sec. 2. AS 08.84.030 is amended to read: 9
53	53	Sec. 08.84.030. Qualifications for licensing. (a) To be eligible for licensure 10
54	54	by the board as a physical therapist or physical therapist assistant, an applicant, unless 11
55	55	a graduate of a foreign school of physical therapy located outside the United States, 12
56	56	shall 13
57	57	(1) have graduated from a professional physical therapy education 14
58	58	program that includes supervised field work and is accredited by a national 15
59	59	accreditation agency approved by the board; 16
60	60	(2) pass, to the satisfaction of the board, an examination prepared by a 17
61	61	national testing service approved by the board to determine the applicant's fitness for 18
62	62	practice as a physical therapist or physical therapist assistant, or be entitled to 19
63	63	licensure without examination as provided in AS 08.84.060; [AND] 20
64	64	(3) meet qualifications for licensure established in regulations adopted 21
65	65	by the board under AS 08.84.010(b); and 22
66	66	(4) have been fingerprinted and have provided the fees required 23
67	67	by the Department of Public Safety under AS 12.62.160 for criminal justice 24
68	68	information and a national criminal history record check; the fingerprints and 25
69	69	fees shall be forwarded to the Department of Public Safety to obtain a report of 26
70	70	criminal justice information under AS 12.62 and a national criminal history 27
71	71	record check under AS 12.62.400. 28
72	72	(b) To be eligible for licensure by the board as an occupational therapist or 29
73	73	occupational therapy assistant, an applicant, unless a graduate of a foreign school of 30
74	74	occupational therapy located outside the United States, shall 31 33-LS0680\A
75	75	HB0137a -3- HB 137
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78	78	(1) have graduated from a professional occupational therapy education 1
79	79	program that includes supervised field work and is accredited by a national 2
80	80	accreditation agency approved by the board; 3
81	81	(2) pass, to the satisfaction of the board, an examination prepared by a 4
82	82	national testing service approved by the board or an examination recognized by a 5
83	83	national accreditation agency approved by the board to determine the applicant's 6
84	84	fitness for practice as an occupational therapist or occupational therapy assistant, or be 7
85	85	entitled to licensure without examination under AS 08.84.060; [AND] 8
86	86	(3) meet qualifications for licensure established in regulations adopted 9
87	87	by the board under AS 08.84.010(b); and 10
88	88	(4) have been fingerprinted and have provided the fees required 11
89	89	by the Department of Public Safety under AS 12.62.160 for criminal justice 12
90	90	information and a national criminal history record check; the fingerprints and 13
91	91	fees shall be forwarded to the Department of Public Safety to obtain a report of 14
92	92	criminal justice information under AS 12.62 and a national criminal history 15
93	93	record check under AS 12.62.400. 16
94	94	* Sec. 3. AS 08.84.032 is amended to read: 17
95	95	Sec. 08.84.032. Foreign-educated applicants. (a) To be eligible for licensure 18
96	96	by the board as a physical therapist or physical therapist assistant, an applicant who is 19
97	97	a graduate of a school of physical therapy that is located outside the United States 20
98	98	shall 21
99	99	(1) have completed, to the satisfaction of the board, a resident course 22
100	100	of study and professional instruction substantially equivalent to a professional physical 23
101	101	therapy education program that is accredited by a board-approved national 24
102	102	accreditation agency in the United States; 25
103	103	(2) have completed, to the satisfaction of the board, an internship 26
104	104	under the continuous direction and immediate supervision of a physical therapist in an 27
105	105	institution that ordinarily provides physical therapy and is approved by the board, for 28
106	106	that period of time specified by the board, and furnish documentary evidence of 29
107	107	compliance with this paragraph; 30
108	108	(3) pass an examination recognized by the board that measures the 31 33-LS0680\A
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112	112	competence of the applicant in the English language if the applicant's physical 1
113	113	therapist or physical therapist assistant education program was not taught in English; 2
114	114	(4) have met applicable requirements under 8 U.S.C. 1101 - 1503 3
115	115	(Immigration and Nationality Act), unless a United States citizen; 4
116	116	(5) pass the examination approved by the board under 5
117	117	AS 08.84.030(a)(2); 6
118	118	(6) pay the fee required under AS 08.84.050; [AND] 7
119	119	(7) meet additional qualifications for licensure established in 8
120	120	regulations adopted by the board under AS 08.84.010(b); and 9
121	121	(8) have been fingerprinted and have provided the fees required 10
122	122	by the Department of Public Safety under AS 12.62.160 for criminal justice 11
123	123	information and a national criminal history record check; the fingerprints and 12
124	124	fees shall be forwarded to the Department of Public Safety to obtain a report of 13
125	125	criminal justice information under AS 12.62 and a national criminal history 14
126	126	record check under AS 12.62.400. 15
127	127	(b) To be eligible for licensure by the board as an occupational therapist or 16
128	128	occupational therapy assistant, an applicant who is a graduate of a school of 17
129	129	occupational therapy that is located outside the United States shall 18
130	130	(1) have completed, to the satisfaction of the board, a resident course 19
131	131	of study and professional instruction substantially equivalent to a professional 20
132	132	occupational therapy education program that is accredited by a board-approved 21
133	133	national accreditation agency in the United States; 22
134	134	(2) have completed, to the satisfaction of the board, supervised field 23
135	135	work equivalent to that required under AS 08.84.030(b); 24
136	136	(3) pass an examination recognized by the board that measures the 25
137	137	competence of the applicant in the English language if the applicant's occupational 26
138	138	therapist or occupational therapy assistant education program was not taught in 27
139	139	English; 28
140	140	(4) have met applicable requirements under 8 U.S.C. 1101 - 1503 29
141	141	(Immigration and Nationality Act), unless a United States citizen; 30
142	142	(5) pass an examination approved by the board under AS 08.84.030(b); 31 33-LS0680\A
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146	146	(6) pay the fee required under AS 08.84.050; [AND] 1
147	147	(7) meet additional qualifications for licensure established in 2
148	148	regulations adopted by the board under AS 08.84.010(b); and 3
149	149	(8) have been fingerprinted and have provided the fees required 4
150	150	by the Department of Public Safety under AS 12.62.160 for criminal justice 5
151	151	information and a national criminal history record check; the fingerprints and 6
152	152	fees shall be forwarded to the Department of Public Safety to obtain a report of 7
153	153	criminal justice information under AS 12.62 and a national criminal history 8
154	154	record check under AS 12.62.400. 9
155	155	* Sec. 4. AS 08.84.050 is amended to read: 10
156	156	Sec. 08.84.050. Fees. The Department of Commerce, Community, and 11
157	157	Economic Development shall set fees under AS 08.01.065 for the following: 12
158	158	(1) application; 13
159	159	(2) license by examination; 14
160	160	(3) license by acceptance of credentials; 15
161	161	(4) renewal; 16
162	162	(5) temporary permit; 17
163	163	(6) limited permit; 18
164	164	(7) compact privilege. 19
165	165	* Sec. 5. AS 08.84.150(a) is amended to read: 20
166	166	(a) It is unlawful for a person to practice physical therapy without being 21
167	167	licensed under this chapter unless the person is 22
168	168	(1) a student in an accredited physical therapy program; 23
169	169	(2) a graduate of a foreign school of physical therapy fulfilling the 24
170	170	internship requirement of AS 08.84.032, and then only unless under the continuous 25
171	171	direction and immediate supervision of a physical therapist; [OR] 26
172	172	(3) issued a limited permit under AS 08.84.075; or 27
173	173	(4) granted a compact privilege under AS 08.84.188. 28
174	174	* Sec. 6. AS 08.84 is amended by adding a new section to read: 29
175	175	Article 3A. Interstate Physical Therapy Licensure Compact. 30
176	176	Sec. 08.84.188. Compact enacted. The Interstate Physical Therapy Licensure 31 33-LS0680\A
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180	180	Compact as contained in this section is enacted into law and entered into on behalf of 1
181	181	the state with all other states and jurisdictions legally joining it in a form substantially 2
182	182	as follows: 3
183	183	SECTION 1. PURPOSE 4
184	184	The purpose of this Compact is to facilitate interstate practice of physical therapy with 5
185	185	the goal of improving public access to physical therapy services. The practice of physical 6
186	186	therapy occurs in the state where the patient or client is located at the time of the patient/client 7
187	187	encounter. The Compact preserves the regulatory authority of states to protect public health 8
188	188	and safety through the current system of state licensure. This Compact is designed to achieve 9
189	189	the following objectives: 10
190	190	(1) Increase public access to physical therapy services by providing for 11
191	191	the mutual recognition of other member state licenses; 12
192	192	(2) Enhance the states' ability to protect the public's health and safety; 13
193	193	(3) Encourage the cooperation of member states in regulating multi-14
194	194	state physical therapy practice; 15
195	195	(4) Support spouses of relocating military members; 16
196	196	(5) Enhance the exchange of licensure, investigative, and disciplinary 17
197	197	information between member states; and 18
198	198	(6) Allow a remote state to hold a provider of services with a compact 19
199	199	privilege in that state accountable to that state's practice standards. 20
200	200	SECTION 2. DEFINITIONS 21
201	201	As used in this Compact, and except as otherwise provided, the following definitions 22
202	202	shall apply: 23
203	203	(1) "Active duty military" means full-time duty status in the active 24
204	204	uniformed service of the United States, including members of the National Guard and 25
205	205	Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211. 26
206	206	(2) "Adverse action" means disciplinary action taken by a physical 27
207	207	therapy licensing board based upon misconduct, unacceptable performance, or a 28
208	208	combination of both. 29
209	209	(3) "Alternative program" means a non-disciplinary monitoring or 30
210	210	practice remediation process approved by a physical therapy licensing board. This 31 33-LS0680\A
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214	214	includes substance abuse issues. 1
215	215	(4) "Compact privilege" means the authorization granted by a remote 2
216	216	state to allow a licensee from another member state to practice as a physical therapist 3
217	217	or work as a physical therapist assistant in the remote state under its laws and rules. 4
218	218	The practice of physical therapy occurs in the member state where the patient or client 5
219	219	is located at the time of the patient/client encounter. 6
220	220	(5) "Continuing competence" means a requirement, as a condition of 7
221	221	license renewal, to provide evidence of participation in, and/or completion of, 8
222	222	educational and professional activities relevant to practice or area of work. 9
223	223	(6) "Data system" means a repository of information about licensees, 10
224	224	including examination, licensure, investigative, compact privilege, and adverse action. 11
225	225	(7) "Encumbered license" means a license that a physical therapy 12
226	226	licensing board has limited in any way. 13
227	227	(8) "Executive Board" means a group of directors elected or appointed 14
228	228	to act on behalf of, and within the powers granted to them by, the Commission. 15
229	229	(9) "Home state" means the member state that is the licensee's primary 16
230	230	state of residence. 17
231	231	(10) "Investigative information" means information, records, and 18
232	232	documents received or generated by a physical therapy licensing board pursuant to an 19
233	233	investigation. 20
234	234	(11) "Jurisprudence requirement" means the assessment of an 21
235	235	individual's knowledge of the laws and rules governing the practice of physical 22
236	236	therapy in a state. 23
237	237	(12) "Licensee" means an individual who currently holds an 24
238	238	authorization from the state to practice as a physical therapist or to work as a physical 25
239	239	therapist assistant. 26
240	240	(13) "Member state" means a state that has enacted the Compact. 27
241	241	(14) "Party state" means any member state in which a licensee holds a 28
242	242	current license or compact privilege or is applying for a license or compact privilege. 29
243	243	(15) "Physical therapist" means an individual who is licensed by a 30
244	244	state to practice physical therapy. 31 33-LS0680\A
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248	248	(16) "Physical therapist assistant" means an individual who is licensed 1
249	249	or certified by a state and who assists the physical therapist in selected components of 2
250	250	physical therapy. 3
251	251	(17) "Physical therapy," "physical therapy practice," and "the practice 4
252	252	of physical therapy" mean the care and services provided by or under the direction and 5
253	253	supervision of a licensed physical therapist. 6
254	254	(18) "Physical Therapy Compact Commission" or "Commission" 7
255	255	means the national administrative body whose membership consists of all states that 8
256	256	have enacted the Compact. 9
257	257	(19) "Physical therapy licensing board" or "licensing board" means the 10
258	258	agency of a state that is responsible for the licensing and regulation of physical 11
259	259	therapists and physical therapist assistants. 12
260	260	(20) "Remote state" means a member state other than the home state, 13
261	261	where a licensee is exercising or seeking to exercise the compact privilege. 14
262	262	(21) "Rule" means a regulation, principle, or directive promulgated by 15
263	263	the Commission that has the force of law. 16
264	264	(22) "State" means any state, commonwealth, district, or territory of 17
265	265	the United States of America that regulates the practice of physical therapy. 18
266	266	SECTION 3. STATE PARTICIPATION IN THE COMPACT 19
267	267	(a) To participate in the Compact, a state must: 20
268	268	(1) Participate fully in the Commission's data system, including using 21
269	269	the Commission's unique identifier as defined in rules; 22
270	270	(2) Have a mechanism in place for receiving and investigating 23
271	271	complaints about licensees; 24
272	272	(3) Notify the Commission, in compliance with the terms of the 25
273	273	Compact and rules, of any adverse action or the availability of investigative 26
274	274	information regarding a licensee; 27
275	275	(4) Fully implement a criminal background check requirement, within 28
276	276	a time frame established by rule, by receiving the results of the Federal Bureau of 29
277	277	Investigation record search on criminal background checks and use the results in 30
278	278	making licensure decisions in accordance with Section 3(b); 31 33-LS0680\A
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282	282	(5) Comply with the rules of the Commission; 1
283	283	(6) Utilize a recognized national examination as a requirement for 2
284	284	licensure pursuant to the rules of the Commission; and 3
285	285	(7) Have continuing competence requirements as a condition for 4
286	286	license renewal. 5
287	287	(b) Upon adoption of this statute, the member state shall have the authority to 6
288	288	obtain biometric-based information from each physical therapy licensure applicant and 7
289	289	submit this information to the Federal Bureau of Investigation for a criminal 8
290	290	background check in accordance with 28 U.S.C. §534 and 34 U.S.C. §40316. 9
291	291	(c) A member state shall grant the compact privilege to a licensee holding a 10
292	292	valid unencumbered license in another member state in accordance with the terms of 11
293	293	the Compact and rules. 12
294	294	(d) Member states may charge a fee for granting a compact privilege. 13
295	295	SECTION 4. COMPACT PRIVILEGE 14
296	296	(a) To exercise the compact privilege under the terms and provisions of the 15
297	297	Compact, the licensee shall 16
298	298	(1) Hold a license in the home state; 17
299	299	(2) Have no encumbrance on any state license; 18
300	300	(3) Be eligible for a compact privilege in any member state in 19
301	301	accordance with Section 4(d), (g) and (h); 20
302	302	(4) Have not had any adverse action against any license or compact 21
303	303	privilege within the previous 2 years; 22
304	304	(5) Notify the Commission that the licensee is seeking the compact 23
305	305	privilege within a remote state; 24
306	306	(6) Pay any applicable fees, including any state fee, for the compact 25
307	307	privilege; 26
308	308	(7) Meet any jurisprudence requirements established by the remote 27
309	309	state in which the licensee is seeking a compact privilege; and 28
310	310	(8) Report to the Commission adverse action taken by any non-29
311	311	member state within 30 days from the date the adverse action is taken. 30
312	312	(b) The compact privilege is valid until the expiration date of the home 31 33-LS0680\A
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316	316	license. The licensee must comply with the requirements of Section 4(a) to maintain 1
317	317	the compact privilege in the remote state. 2
318	318	(c) A licensee providing physical therapy in a remote state under the compact 3
319	319	privilege shall function within the laws and regulations of the remote state. 4
320	320	(d) A licensee providing physical therapy in a remote state is subject to that 5
321	321	state's regulatory authority. A remote state may, in accordance with due process and 6
322	322	that state's laws, remove a licensee's compact privilege in the remote state for a 7
323	323	specific period of time, impose fines, and/or take any other necessary actions to 8
324	324	protect the health and safety of its citizens. The licensee is not eligible for a compact 9
325	325	privilege in any state until the specific time for removal has passed and all fines are 10
326	326	paid. 11
327	327	(e) If a home state license is encumbered, the licensee shall lose the compact 12
328	328	privilege in any remote state until the following occur: 13
329	329	(1) The home state license is no longer encumbered; and 14
330	330	(2) Two years have elapsed from the date of the adverse action. 15
331	331	(f) Once an encumbered license in the home state is restored to good standing, 16
332	332	the licensee must meet the requirements of Section 4(a) to obtain a compact privilege 17
333	333	in any remote state. 18
334	334	(g) If a licensee's compact privilege in any remote state is removed, the 19
335	335	individual shall lose the compact privilege in any remote state until the following 20
336	336	occur: 21
337	337	(1) The specific period of time for which the compact privilege was 22
338	338	removed has ended; 23
339	339	(2) All fines have been paid; and 24
340	340	(3) Two years have elapsed from the date of the adverse action. 25
341	341	(h) Once the requirements of Section 4(g) have been met, the licensee must 26
342	342	meet the requirements in Section 4(a) to obtain a compact privilege in a remote state. 27
343	343	SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 28
344	344	A licensee who is active duty military or is the spouse of an individual who is active 29
345	345	duty military may designate one of the following as the home state: 30
346	346	(1) Home of record; 31 33-LS0680\A
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350	350	(2) Permanent Change of Station (PCS); or 1
351	351	(3) State of current residence if it is different than the PCS state or 2
352	352	home of record. 3
353	353	SECTION 6. ADVERSE ACTIONS 4
354	354	(a) A home state shall have exclusive power to impose adverse action against 5
355	355	a license issued by the home state. 6
356	356	(b) A home state may take adverse action based on the investigative 7
357	357	information of a remote state, so long as the home state follows its own procedures for 8
358	358	imposing adverse action. 9
359	359	(c) Nothing in this Compact shall override a member state's decision that 10
360	360	participation in an alternative program may be used in lieu of adverse action and that 11
361	361	such participation shall remain non-public if required by the member state's laws. 12
362	362	Member states must require licensees who enter any alternative programs in lieu of 13
363	363	discipline to agree not to practice in any other member state during the term of the 14
364	364	alternative program without prior authorization from such other member state. 15
365	365	(d) Any member state may investigate actual or alleged violations of the 16
366	366	statutes and rules authorizing the practice of physical therapy in any other member 17
367	367	state in which a physical therapist or physical therapist assistant holds a license or 18
368	368	compact privilege. 19
369	369	(e) A remote state shall have the authority to: 20
370	370	(1) Take adverse actions as set forth in Section 4(d) against a licensee's 21
371	371	compact privilege in the state; 22
372	372	(2) Issue subpoenas for both hearings and investigations that require 23
373	373	the attendance and testimony of witnesses, and the production of evidence. Subpoenas 24
374	374	issued by a physical therapy licensing board in a party state for the attendance and 25
375	375	testimony of witnesses, and/or the production of evidence from another party state, 26
376	376	shall be enforced in the latter state by any court of competent jurisdiction, according to 27
377	377	the practice and procedure of that court applicable to subpoenas issued in proceedings 28
378	378	pending before it. The issuing authority shall pay any witness fees, travel expenses, 29
379	379	mileage, and other fees required by the service statutes of the state where the witnesses 30
380	380	and/or evidence are located; and 31 33-LS0680\A
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384	384	(3) If otherwise permitted by state law, recover from the licensee the 1
385	385	costs of investigations and disposition of cases resulting from any adverse action taken 2
386	386	against that licensee. 3
387	387	(f) Joint Investigations 4
388	388	(1) In addition to the authority granted to a member state by its 5
389	389	respective physical therapy practice act or other applicable state law, a member state 6
390	390	may participate with other member states in joint investigations of licensees. 7
391	391	(2) Member states shall share any investigative, litigation, or 8
392	392	compliance materials in furtherance of any joint or individual investigation initiated 9
393	393	under the Compact. 10
394	394	SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT 11
395	395	COMMISSION 12
396	396	(a) The Compact member states hereby create and establish a joint public 13
397	397	agency known as the Physical Therapy Compact Commission. 14
398	398	(1) The Commission is an instrumentality of the Compact states. 15
399	399	(2) Venue is proper and judicial proceedings by or against the 16
400	400	Commission shall be brought solely and exclusively in a court of competent 17
401	401	jurisdiction where the principal office of the Commission is located. The Commission 18
402	402	may waive venue and jurisdictional defenses to the extent it adopts or consents to 19
403	403	participate in alternative dispute resolution proceedings. 20
404	404	(3) Nothing in this Compact shall be construed to be a waiver of 21
405	405	sovereign immunity. 22
406	406	(b) Membership, Voting, and Meetings 23
407	407	(1) Each member state shall have and be limited to one delegate 24
408	408	selected by that member state's licensing board. 25
409	409	(2) The delegate shall be a current member of the licensing board, who 26
410	410	is a physical therapist, physical therapist assistant, public member, or the board 27
411	411	administrator. 28
412	412	(3) Any delegate may be removed or suspended from office as 29
413	413	provided by the law of the state from which the delegate is appointed. 30
414	414	(4) The member state board shall fill any vacancy occurring in the 31 33-LS0680\A
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418	418	Commission. 1
419	419	(5) Each delegate shall be entitled to one vote with regard to the 2
420	420	promulgation of rules and creation of bylaws and shall otherwise have an opportunity 3
421	421	to participate in the business and affairs of the Commission. 4
422	422	(6) A delegate shall vote in person or by such other means as provided 5
423	423	in the bylaws. The bylaws may provide for delegates' participation in meetings by 6
424	424	telephone or other means of communication. 7
425	425	(7) The Commission shall meet at least once during each calendar 8
426	426	year. Additional meetings shall be held as set forth in the bylaws. 9
427	427	(c) The Commission shall have the following powers and duties: 10
428	428	(1) Establish the fiscal year of the Commission; 11
429	429	(2) Establish bylaws; 12
430	430	(3) Maintain its financial records in accordance with the bylaws; 13
431	431	(4) Meet and take such actions as are consistent with the provisions of 14
432	432	this Compact and the bylaws; 15
433	433	(5) Promulgate uniform rules to facilitate and coordinate 16
434	434	implementation and administration of this Compact. The rules shall have the force and 17
435	435	effect of law and shall be binding in all member states; 18
436	436	(6) Bring and prosecute legal proceedings or actions in the name of the 19
437	437	Commission, provided that the standing of any state physical therapy licensing board 20
438	438	to sue or be sued under applicable law shall not be affected; 21
439	439	(7) Purchase and maintain insurance and bonds; 22
440	440	(8) Borrow, accept, or contract for services of personnel, including, but 23
441	441	not limited to, employees of a member state; 24
442	442	(9) Hire employees, elect or appoint officers, fix compensation, define 25
443	443	duties, grant such individuals appropriate authority to carry out the purposes of the 26
444	444	Compact, and to establish the Commission's personnel policies and programs relating 27
445	445	to conflicts of interest, qualifications of personnel, and other related personnel matters; 28
446	446	(10) Accept any and all appropriate donations and grants of money, 29
447	447	equipment, supplies, materials and services, and to receive, utilize and dispose of the 30
448	448	same; provided that at all times the Commission shall avoid any appearance of
449	449	31 33-LS0680\A
450	450	HB 137 -14- HB0137a
451	451	New Text Underlined [DELETED TEXT BRACKETED]
452	452
453	453	impropriety and/or conflict of interest; 1
454	454	(11) Lease, purchase, accept appropriate gifts or donations of, or 2
455	455	otherwise to own, hold, improve or use, any property, real, personal or mixed; 3
456	456	provided that at all times the Commission shall avoid any appearance of impropriety; 4
457	457	(12) Sell convey, mortgage, pledge, lease, exchange, abandon, or 5
458	458	otherwise dispose of any property real, personal, or mixed; 6
459	459	(13) Establish a budget and make expenditures; 7
460	460	(14) Borrow money; 8
461	461	(15) Appoint committees, including standing committees composed of 9
462	462	members, state regulators, state legislators or their representatives, and consumer 10
463	463	representatives, and such other interested persons as may be designated in this 11
464	464	Compact and the bylaws; 12
465	465	(16) Provide and receive information from, and cooperate with, law 13
466	466	enforcement agencies; 14
467	467	(17) Establish and elect an Executive Board; and 15
468	468	(18) Perform such other functions as may be necessary or appropriate 16
469	469	to achieve the purposes of this Compact consistent with the state regulation of physical 17
470	470	therapy licensure and practice. 18
471	471	(d) The Executive Board shall have the power to act on behalf of the 19
472	472	Commission according to the terms of this Compact. 20
473	473	(1) The Executive Board shall be composed of nine members: 21
474	474	(A) Seven voting members who are elected by the Commission 22
475	475	from the current membership of the Commission; 23
476	476	(B) One ex-officio, nonvoting member from the recognized 24
477	477	national physical therapy professional association; and 25
478	478	(C) One ex-officio, nonvoting member from the recognized 26
479	479	membership organization of the physical therapy licensing boards. 27
480	480	(2) The ex-officio members will be selected by their respective 28
481	481	organizations. 29
482	482	(3) The Commission may remove any member of the Executive Board 30
483	483	as provided in bylaws. 31 33-LS0680\A
484	484	HB0137a -15- HB 137
485	485	New Text Underlined [DELETED TEXT BRACKETED]
486	486
487	487	(4) The Executive Board shall meet at least annually. 1
488	488	(5) The Executive Board shall have the following duties and 2
489	489	responsibilities: 3
490	490	(A) Recommend to the entire Commission changes to the rules 4
491	491	or bylaws, changes to this Compact legislation, fees paid by Compact member 5
492	492	states such as annual dues, and any commission Compact fee charged to 6
493	493	licensees for the compact privilege; 7
494	494	(B) Ensure Compact administration services are appropriately 8
495	495	provided, contractual or otherwise; 9
496	496	(C) Prepare and recommend the budget; 10
497	497	(D) Maintain financial records on behalf of the Commission; 11
498	498	(E) Monitor Compact compliance of member states and 12
499	499	provide compliance reports to the Commission; 13
500	500	(F) Establish additional committees as necessary; and 14
501	501	(G) Other duties as provided in rules or bylaws. 15
502	502	(e) Meetings of the Commission 16
503	503	(1) All meetings shall be open to the public, and public notice of 17
504	504	meetings shall be given in the same manner as required under the rulemaking 18
505	505	provisions in Section 9. 19
506	506	(2) The Commission or the Executive Board or other committees of 20
507	507	the Commission may convene in a closed, non-public meeting if the Commission or 21
508	508	Executive Board or other committees of the Commission must discuss: 22
509	509	(A) Non-compliance of a member state with its obligations 23
510	510	under the Compact; 24
511	511	(B) The employment, compensation, discipline or other 25
512	512	matters, practices or procedures related to specific employees or other matters 26
513	513	related to the Commission's internal personnel practices and procedures; 27
514	514	(C) Current, threatened, or reasonably anticipated litigation; 28
515	515	(D) Negotiation of contracts for the purchase, lease, or sale of 29
516	516	goods, services, or real estate; 30
517	517	(E) Accusing any person of a crime or formally censuring any 31 33-LS0680\A
518	518	HB 137 -16- HB0137a
519	519	New Text Underlined [DELETED TEXT BRACKETED]
520	520
521	521	person; 1
522	522	(F) Disclosure of trade secrets or commercial or financial 2
523	523	information that is privileged or confidential; 3
524	524	(G) Disclosure of information of a personal nature where 4
525	525	disclosure would constitute a clearly unwarranted invasion of personal privacy; 5
526	526	(H) Disclosure of investigative records compiled for law 6
527	527	enforcement purposes; 7
528	528	(I) Disclosure of information related to any investigative 8
529	529	reports prepared by or on behalf of or for use of the Commission or other 9
530	530	committee charged with responsibility of investigation or determination of 10
531	531	compliance issues pursuant to the Compact; or 11
532	532	(J) Matters specifically exempted from disclosure by federal or 12
533	533	member state statute. 13
534	534	(3) If a meeting, or portion of a meeting, is closed pursuant to this 14
535	535	provision, the Commission's legal counsel or designee shall certify that the meeting 15
536	536	may be closed and shall reference each relevant exempting provision. 16
537	537	(4) The Commission shall keep minutes that fully and clearly describe 17
538	538	all matters discussed in a meeting and shall provide a full and accurate summary of 18
539	539	actions taken, and the reasons therefore, including a description of the views 19
540	540	expressed. All documents considered in connection with an action shall be identified 20
541	541	in such minutes. All minutes and documents of a closed meeting shall remain under 21
542	542	seal, subject to release by a majority vote of the Commission or order of a court of 22
543	543	competent jurisdiction. 23
544	544	(f) Financing of the Commission 24
545	545	(1) The Commission shall pay, or provide for the payment of, the 25
546	546	reasonable expenses of its establishment, organization, and ongoing activities. 26
547	547	(2) The Commission may accept any and all appropriate revenue 27
548	548	sources, donations, and grants of money, equipment, supplies, materials, and services. 28
549	549	(3) The Commission may levy on and collect an annual assessment 29
550	550	from each member state or impose fees on other parties to cover the cost of the 30
551	551	operations and activities of the Commission and its staff, which must be in a total 31 33-LS0680\A
552	552	HB0137a -17- HB 137
553	553	New Text Underlined [DELETED TEXT BRACKETED]
554	554
555	555	amount sufficient to cover its annual budget as approved each year for which revenue 1
556	556	is not provided by other sources. The aggregate annual assessment amount shall be 2
557	557	allocated based upon a formula to be determined by the Commission, which shall 3
558	558	promulgate a rule binding upon all member states. 4
559	559	(4) The Commission shall not incur obligations of any kind prior to 5
560	560	securing the funds adequate to meet the same; nor shall the Commission pledge the 6
561	561	credit of any of the member states, except by and with the authority of the member 7
562	562	state. 8
563	563	(5) The Commission shall keep accurate accounts of all receipts and 9
564	564	disbursements. The receipts and disbursements of the Commission shall be subject to 10
565	565	the audit and accounting procedures established under its bylaws. However, all 11
566	566	receipts and disbursements of funds handled by the Commission shall be audited 12
567	567	yearly by a certified or licensed public accountant, and the report of the audit shall be 13
568	568	included in and become part of the annual report of the Commission. 14
569	569	(g) Qualified Immunity, Defense, and Indemnification 15
570	570	(1) The members, officers, executive director, employees and 16
571	571	representatives of the Commission shall be immune from suit and liability, either 17
572	572	personally or in their official capacity, for any claim for damage to or loss of property 18
573	573	or personal injury or other civil liability caused by or arising out of any actual or 19
574	574	alleged act, error or omission that occurred, or that the person against whom the claim 20
575	575	is made had a reasonable basis for believing occurred within the scope of Commission 21
576	576	employment, duties or responsibilities; provided that nothing in this paragraph shall be 22
577	577	construed to protect any such person from suit and/or liability for any damage, loss, 23
578	578	injury, or liability caused by the intentional or willful or wanton misconduct of that 24
579	579	person. 25
580	580	(2) The Commission shall defend any member, officer, executive 26
581	581	director, employee or representative of the Commission in any civil action seeking to 27
582	582	impose liability arising out of any actual or alleged act, error, or omission that 28
583	583	occurred within the scope of Commission employment, duties, or responsibilities, or 29
584	584	that the person against whom the claim is made had a reasonable basis for believing 30
585	585	occurred within the scope of Commission employment, duties, or responsibilities; 31 33-LS0680\A
586	586	HB 137 -18- HB0137a
587	587	New Text Underlined [DELETED TEXT BRACKETED]
588	588
589	589	provided that nothing herein shall be construed to prohibit that person from retaining 1
590	590	his or her own counsel; and provided further, that the actual or alleged act, error, or 2
591	591	omission did not result from that person's intentional or willful or wanton misconduct. 3
592	592	(3) The Commission shall indemnify and hold harmless any member, 4
593	593	officer, executive director, employee, or representative of the Commission for the 5
594	594	amount of any settlement or judgment obtained against that person arising out of any 6
595	595	actual or alleged act, error or omission that occurred within the scope of Commission 7
596	596	employment, duties, or responsibilities, or that such person had a reasonable basis for 8
597	597	believing occurred within the scope of Commission employment, duties, or 9
598	598	responsibilities, provided that the actual or alleged act, error, or omission did not result 10
599	599	from the intentional or willful or wanton misconduct of that person. 11
600	600	SECTION 8. DATA SYSTEM 12
601	601	(a) The Commission shall provide for the development, maintenance, and 13
602	602	utilization of a coordinated database and reporting system containing licensure, 14
603	603	adverse action, and investigative information on all licensed individuals in member 15
604	604	states. 16
605	605	(b) Notwithstanding any other provision of state law to the contrary, a member 17
606	606	state shall submit a uniform data set to the data system on all individuals to whom this 18
607	607	Compact is applicable as required by the rules of the Commission, including: 19
608	608	(1) Identifying information; 20
609	609	(2) Licensure data; 21
610	610	(3) Adverse actions against a license or compact privilege; 22
611	611	(4) Non-confidential information related to alternative program 23
612	612	participation; 24
613	613	(5) Any denial of application for licensure, and the reason(s) for such 25
614	614	denial; and 26
615	615	(6) Other information that may facilitate the administration of this 27
616	616	Compact, as determined by the rules of the Commission. 28
617	617	(c) Investigative information pertaining to a licensee in any member state will 29
618	618	only be available to other party states. 30
619	619	(d) The Commission shall promptly notify all member states of any adverse 31 33-LS0680\A
620	620	HB0137a -19- HB 137
621	621	New Text Underlined [DELETED TEXT BRACKETED]
622	622
623	623	action taken against a licensee or an individual applying for a license. Adverse action 1
624	624	information pertaining to a licensee in any member state will be available to any other 2
625	625	member state. 3
626	626	(e) Member states contributing information to the data system may designate 4
627	627	information that may not be shared with the public without the express permission of 5
628	628	the contributing state. 6
629	629	(f) Any information submitted to the data system that is subsequently required 7
630	630	to be expunged by the laws of the member state contributing the information shall be 8
631	631	removed from the data system. 9
632	632	SECTION 9. RULEMAKING 10
633	633	(a) The Commission shall exercise its rulemaking powers pursuant to the 11
634	634	criteria set forth in this Section and the rules adopted thereunder. Rules and 12
635	635	amendments shall become binding as of the date specified in each rule or amendment. 13
636	636	(b) If a majority of the legislatures of the member states rejects a rule, by 14
637	637	enactment of a statute or resolution in the same manner used to adopt the Compact 15
638	638	within 4 years of the date of adoption of the rule, then such rule shall have no further 16
639	639	force and effect in any member state. 17
640	640	(c) Rules or amendments to the rules shall be adopted at a regular or special 18
641	641	meeting of the Commission. 19
642	642	(d) Prior to promulgation and adoption of a final rule or rules by the 20
643	643	Commission, and at least thirty (30) days in advance of the meeting at which the rule 21
644	644	will be considered and voted upon, the Commission shall file a Notice of Proposed 22
645	645	Rulemaking: 23
646	646	(1) On the website of the Commission or other publicly accessible 24
647	647	platform; and 25
648	648	(2) On the website of each member state physical therapy licensing 26
649	649	board or other publicly accessible platform or the publication in which each state 27
650	650	would otherwise publish proposed rules. 28
651	651	(e) The Notice of Proposed Rulemaking shall include: 29
652	652	(1) The proposed time, date, and location of the meeting in which the 30
653	653	rule will be considered and voted upon; 31 33-LS0680\A
654	654	HB 137 -20- HB0137a
655	655	New Text Underlined [DELETED TEXT BRACKETED]
656	656
657	657	(2) The text of the proposed rule or amendment and the reason for the 1
658	658	proposed rule; 2
659	659	(3) A request for comments on the proposed rule from any interested 3
660	660	person; and 4
661	661	(4) The manner in which interested persons may submit notice to the 5
662	662	Commission of their intention to attend the public hearing and any written comments. 6
663	663	(f) Prior to adoption of a proposed rule, the Commission shall allow persons to 7
664	664	submit written data, facts, opinions, and arguments, which shall be made available to 8
665	665	the public. 9
666	666	(g) The Commission shall grant an opportunity for a public hearing before it 10
667	667	adopts a rule or amendment if a hearing is requested by: 11
668	668	(1) At least twenty-five (25) persons; 12
669	669	(2) A state or federal governmental subdivision or agency; or 13
670	670	(3) An association having at least twenty-five (25) members. 14
671	671	(h) If a hearing is held on the proposed rule or amendment, the Commission 15
672	672	shall publish the place, time, and date of the scheduled public hearing. If the hearing is 16
673	673	held via electronic means, the Commission shall publish the mechanism for access to 17
674	674	the electronic hearing. 18
675	675	(1) All persons wishing to be heard at the hearing shall notify the 19
676	676	executive director of the Commission or other designated member in writing of their 20
677	677	desire to appear and testify at the hearing not less than five (5) business days before 21
678	678	the scheduled date of the hearing. 22
679	679	(2) Hearings shall be conducted in a manner providing each person 23
680	680	who wishes to comment a fair and reasonable opportunity to comment orally or in 24
681	681	writing. 25
682	682	(3) All hearings will be recorded. A copy of the recording will be made 26
683	683	available on request. 27
684	684	(4) Nothing in this section shall be construed as requiring a separate 28
685	685	hearing on each rule. Rules may be grouped for the convenience of the Commission at 29
686	686	hearings required by this section. 30
687	687	(i) Following the scheduled hearing date, or by the close of business on the 31 33-LS0680\A
688	688	HB0137a -21- HB 137
689	689	New Text Underlined [DELETED TEXT BRACKETED]
690	690
691	691	scheduled hearing date if the hearing was not held, the Commission shall consider all 1
692	692	written and oral comments received. 2
693	693	(j) If no written notice of intent to attend the public hearing by interested 3
694	694	parties is received, the Commission may proceed with promulgation of the proposed 4
695	695	rule without a public hearing. 5
696	696	(k) The Commission shall, by majority vote of all members, take final action 6
697	697	on the proposed rule and shall determine the effective date of the rule, if any, based on 7
698	698	the rulemaking record and the full text of the rule. 8
699	699	(l) Upon determination that an emergency exists, the Commission may 9
700	700	consider and adopt an emergency rule without prior notice, opportunity for comment, 10
701	701	or hearing, provided that the usual rulemaking procedures provided in the Compact 11
702	702	and in this section shall be retroactively applied to the rule as soon as reasonably 12
703	703	possible, in no event later than ninety (90) days after the effective date of the rule. For 13
704	704	the purposes of this provision, an emergency rule is one that must be adopted 14
705	705	immediately in order to: 15
706	706	(1) Meet an imminent threat to public health, safety, or welfare; 16
707	707	(2) Prevent a loss of Commission or member state funds; 17
708	708	(3) Meet a deadline for the promulgation of an administrative rule that 18
709	709	is established by federal law or rule; or 19
710	710	(4) Protect public health and safety. 20
711	711	(m) The Commission or an authorized committee of the Commission may 21
712	712	direct revisions to a previously adopted rule or amendment for purposes of correcting 22
713	713	typographical errors, errors in format, errors in consistency, or grammatical errors. 23
714	714	Public notice of any revisions shall be posted on the website of the Commission. The 24
715	715	revision shall be subject to challenge by any person for a period of thirty (30) days 25
716	716	after posting. The revision may be challenged only on grounds that the revision results 26
717	717	in a material change to a rule. A challenge shall be made in writing, and delivered to 27
718	718	the chair of the Commission prior to the end of the notice period. If no challenge is 28
719	719	made, the revision will take effect without further action. If the revision is challenged, 29
720	720	the revision may not take effect without the approval of the Commission. 30
721	721	SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 31 33-LS0680\A
722	722	HB 137 -22- HB0137a
723	723	New Text Underlined [DELETED TEXT BRACKETED]
724	724
725	725	(a) Oversight 1
726	726	(1) The executive, legislative, and judicial branches of state 2
727	727	government in each member state shall enforce this Compact and take all actions 3
728	728	necessary and appropriate to effectuate the Compact's purposes and intent. The 4
729	729	provisions of this Compact and the rules promulgated hereunder shall have standing as 5
730	730	statutory law. 6
731	731	(2) All courts shall take judicial notice of the Compact and the rules in 7
732	732	any judicial or administrative proceeding in a member state pertaining to the subject 8
733	733	matter of this Compact which may affect the powers, responsibilities or actions of the 9
734	734	Commission. 10
735	735	(3) The Commission shall be entitled to receive service of process in 11
736	736	any such proceeding, and shall have standing to intervene in such a proceeding for all 12
737	737	purposes. Failure to provide service of process to the Commission shall render a 13
738	738	judgment or order void as to the Commission, this Compact, or promulgated rules. 14
739	739	(b) Default, Technical Assistance, and Termination 15
740	740	(1) If the Commission determines that a member state has defaulted in 16
741	741	the performance of its obligations or responsibilities under this Compact or the 17
742	742	promulgated rules, the Commission shall: 18
743	743	(A) Provide written notice to the defaulting state and other 19
744	744	member states of the nature of the default, the proposed means of curing the 20
745	745	default and/or any other action to be taken by the Commission; and 21
746	746	(B) Provide remedial training and specific technical assistance 22
747	747	regarding the default. 23
748	748	(2) If a state in default fails to cure the default, the defaulting state may 24
749	749	be terminated from the Compact upon an affirmative vote of a majority of the member 25
750	750	states, and all rights, privileges and benefits conferred by this Compact may be 26
751	751	terminated on the effective date of termination. A cure of the default does not relieve 27
752	752	the offending state of obligations or liabilities incurred during the period of default. 28
753	753	(3) Termination of membership in the Compact shall be imposed only 29
754	754	after all other means of securing compliance have been exhausted. Notice of intent to 30
755	755	suspend or terminate shall be given by the Commission to the governor, the majority 31 33-LS0680\A
756	756	HB0137a -23- HB 137
757	757	New Text Underlined [DELETED TEXT BRACKETED]
758	758
759	759	and minority leaders of the defaulting state's legislature, and each of the member 1
760	760	states. 2
761	761	(4) A state that has been terminated is responsible for all assessments, 3
762	762	obligations, and liabilities incurred through the effective date of termination, including 4
763	763	obligations that extend beyond the effective date of termination. 5
764	764	(5) The Commission shall not bear any costs related to a state that is 6
765	765	found to be in default or that has been terminated from the Compact, unless agreed 7
766	766	upon in writing between the Commission and the defaulting state. 8
767	767	(6) The defaulting state may appeal the action of the Commission by 9
768	768	petitioning the U.S. District Court for the District of Columbia or the federal district 10
769	769	where the Commission has its principal offices. The prevailing member shall be 11
770	770	awarded all costs of such litigation, including reasonable attorney's fees. 12
771	771	(c) Dispute Resolution 13
772	772	(1) Upon request by a member state, the Commission shall attempt to 14
773	773	resolve disputes related to the Compact that arise among member states and between 15
774	774	member and non-member states. 16
775	775	(2) The Commission shall promulgate a rule providing for both 17
776	776	mediation and binding dispute resolution for disputes as appropriate. 18
777	777	(d) Enforcement 19
778	778	(1) The Commission, in the reasonable exercise of its discretion, shall 20
779	779	enforce the provisions and rules of this Compact. 21
780	780	(2) By majority vote, the Commission may initiate legal action in the 22
781	781	United States District Court for the District of Columbia or the federal district where 23
782	782	the Commission has its principal offices against a member state in default to enforce 24
783	783	compliance with the provisions of the Compact and its promulgated rules and bylaws. 25
784	784	The relief sought may include both injunctive relief and damages. In the event judicial 26
785	785	enforcement is necessary, the prevailing member shall be awarded all costs of such 27
786	786	litigation, including reasonable attorney's fees. 28
787	787	(3) The remedies herein shall not be the exclusive remedies of the 29
788	788	Commission. The Commission may pursue any other remedies available under federal 30
789	789	or state law. 31 33-LS0680\A
790	790	HB 137 -24- HB0137a
791	791	New Text Underlined [DELETED TEXT BRACKETED]
792	792
793	793	SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 1
794	794	FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 2
795	795	AND AMENDMENT 3
796	796	(a) The Compact shall come into effect on the date on which the Compact 4
797	797	statute is enacted into law in the tenth member state. The provisions, which become 5
798	798	effective at that time, shall be limited to the powers granted to the Commission 6
799	799	relating to assembly and the promulgation of rules. Thereafter, the Commission shall 7
800	800	meet and exercise rulemaking powers necessary to the implementation and 8
801	801	administration of the Compact. 9
802	802	(b) Any state that joins the Compact subsequent to the Commission's initial 10
803	803	adoption of the rules shall be subject to the rules as they exist on the date on which the 11
804	804	Compact becomes law in that state. Any rule that has been previously adopted by the 12
805	805	Commission shall have the full force and effect of law on the day the Compact 13
806	806	becomes law in that state. 14
807	807	(c) Any member state may withdraw from this Compact by enacting a statute 15
808	808	repealing the same. 16
809	809	(1) A member state's withdrawal shall not take effect until six (6) 17
810	810	months after enactment of the repealing statute. 18
811	811	(2) Withdrawal shall not affect the continuing requirement of the 19
812	812	withdrawing state's physical therapy licensing board to comply with the investigative 20
813	813	and adverse action reporting requirements of this act prior to the effective date of 21
814	814	withdrawal. 22
815	815	(d) Nothing contained in this Compact shall be construed to invalidate or 23
816	816	prevent any physical therapy licensure agreement or other cooperative arrangement 24
817	817	between a member state and a non-member state that does not conflict with the 25
818	818	provisions of this Compact. 26
819	819	(e) This Compact may be amended by the member states. No amendment to 27
820	820	this Compact shall become effective and binding upon any member state until it is 28
821	821	enacted into the laws of all member states. 29
822	822	SECTION 12. CONSTRUCTION AND SEVERABILITY 30
823	823	This Compact shall be liberally construed so as to effectuate the purposes thereof. The 31 33-LS0680\A
824	824	HB0137a -25- HB 137
825	825	New Text Underlined [DELETED TEXT BRACKETED]
826	826
827	827	provisions of this Compact shall be severable and if any phrase, clause, sentence or provision 1
828	828	of this Compact is declared to be contrary to the constitution of any party state or of the 2
829	829	United States or the applicability thereof to any government, agency, person or circumstance 3
830	830	is held invalid, the validity of the remainder of this Compact and the applicability thereof to 4
831	831	any government, agency, person or circumstance shall not be affected thereby. If this 5
832	832	Compact shall be held contrary to the constitution of any party state, the Compact shall 6
833	833	remain in full force and effect as to the remaining party states and in full force and effect as to 7
834	834	the party state affected as to all severable matters. 8
835	835	* Sec. 7. AS 12.62.400(a), as amended by sec. 156, ch. 8, SLA 2022, is amended to read: 9
836	836	(a) To obtain a national criminal history record check for determining a 10
837	837	person's qualifications for a license, permit, registration, employment, or position, a 11
838	838	person shall submit the person's fingerprints to the department with the fee established 12
839	839	by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 13
840	840	of Investigation to obtain a national criminal history record check of the person for the 14
841	841	purpose of evaluating a person's qualifications for 15
842	842	(1) a license or conditional contractor's permit to manufacture, sell, 16
843	843	offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 17
844	844	under AS 04.09; 18
845	845	(2) licensure as a mortgage lender, a mortgage broker, or a mortgage 19
846	846	loan originator under AS 06.60; 20
847	847	(3) admission to the Alaska Bar Association under AS 08.08; 21
848	848	(4) licensure as a collection agency operator under AS 08.24; 22
849	849	(5) a certificate of fitness to handle explosives under AS 08.52; 23
850	850	(6) licensure as a massage therapist under AS 08.61; 24
851	851	(7) licensure to practice nursing or certification as a nurse aide under 25
852	852	AS 08.68; 26
853	853	(8) certification as a real estate appraiser under AS 08.87; 27
854	854	(9) a position involving supervisory or disciplinary power over a minor 28
855	855	or dependent adult for which criminal justice information may be released under 29
856	856	AS 12.62.160(b)(9); 30
857	857	(10) a teacher certificate under AS 14.20; 31 33-LS0680\A
858	858	HB 137 -26- HB0137a
859	859	New Text Underlined [DELETED TEXT BRACKETED]
860	860
861	861	(11) a registration or license to operate a marijuana establishment 1
862	862	under AS 17.38; 2
863	863	(12) admittance to a police training program under AS 18.65.230 or for 3
864	864	certification as a police officer under AS 18.65.240 if that person's prospective 4
865	865	employer does not have access to a criminal justice information system; 5
866	866	(13) licensure as a security guard under AS 18.65.400 - 18.65.490; 6
867	867	(14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 7
868	868	(15) licensure as an insurance producer, managing general agent, 8
869	869	reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 9
870	870	broker, or independent adjuster under AS 21.27; 10
871	871	(16) serving and executing process issued by a court by a person 11
872	872	designated under AS 22.20.130; 12
873	873	(17) a school bus driver license under AS 28.15.046; 13
874	874	(18) licensure as an operator or an instructor for a commercial driver 14
875	875	training school under AS 28.17; 15
876	876	(19) registration as a broker-dealer, agent, investment adviser 16
877	877	representative, or investment adviser under AS 45.56.300 - 45.56.350; 17
878	878	(20) licensure, license renewal, certification, certification renewal, or 18
879	879	payment from the Department of Health of an individual and an entity subject to the 19
880	880	requirements for a criminal history check under AS 47.05.310, including 20
881	881	(A) a public home care provider described in AS 47.05.017; 21
882	882	(B) a provider of home and community-based waiver services 22
883	883	financed under AS 47.07.030(c); 23
884	884	(C) a case manager to coordinate community mental health 24
885	885	services under AS 47.30.530; 25
886	886	(D) an entity listed in AS 47.32.010(b) and (c), including an 26
887	887	owner, officer, director, member, partner, employee, volunteer, or contractor of 27
888	888	an entity; or 28
889	889	(E) an individual or entity not described in (A) - (D) of this 29
890	890	paragraph that is required by statute or regulation to be licensed or certified by 30
891	891	the Department of Health or that is eligible to receive payments, in whole or in 31 33-LS0680\A
892	892	HB0137a -27- HB 137
893	893	New Text Underlined [DELETED TEXT BRACKETED]
894	894
895	895	part, from the Department of Health to provide for the health, safety, and 1
896	896	welfare of persons who are served by the programs administered by the 2
897	897	Department of Health; 3
898	898	(21) employment as a village public safety officer under AS 18.65.672 4
899	899	or certification as a village public safety officer under AS 18.65.682; 5
900	900	(22) licensure, license renewal, certification, or certification renewal 6
901	901	by the Department of Family and Community Services of an individual or entity, or 7
902	902	payment from the Department of Family and Community Services to an individual or 8
903	903	entity, subject to the requirements for a criminal history check under AS 47.05.310 for 9
904	904	a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 10
905	905	including an owner, officer, director, member, partner, employee, volunteer, or 11
906	906	contractor of an entity; 12
907	907	(23) licensure as a physical therapist, physical therapist assistant, 13
908	908	occupational therapist, or occupational therapy assistant under AS 08.84. 14
909	909	* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 15
910	910	read: 16
911	911	TRANSITION: EFFECT ON CURRENT LICENSEES. On and after the effective 17
912	912	date of secs. 2, 3, and 7 of this Act, a person who holds a valid license as a physical therapist, 18
913	913	physical therapist assistant, occupational therapist, or occupational therapy assistant on the 19
914	914	effective date of secs. 2, 3, and 7 of this Act may continue to practice under the license until 20
915	915	the license expires normally under AS 08.84. 21
916	916	* Sec. 9. This Act takes effect July 1, 2024. 22