AK
Alaska House Bill HB85

Alaska 2023-2024 Regular Session

Alaska House Bill HB85 Compare Versions

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2-HB0085c -1- CSHB 85(MLV)
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8-CS FOR HOUSE BILL NO. 85(MLV)
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10+CS FOR HOUSE BILL NO. 85(L&C)
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1012 IN THE LEGISLATURE OF THE STATE OF ALASKA
1113
1214 THIRTY-THIRD LEGISLATURE - FIRST SESSION
1315
14-BY THE HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIR S
16+BY THE HOUSE LABOR AND COMMERCE COMMITTEE
1517
16-Offered: 4/12/23
18+Offered: 3/20/23
1719 Referred: Finance
1820
1921 Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
2022 A BILL
2123
2224 FOR AN ACT ENTITLED
2325
2426 "An Act relating to professional licensing; relating to temporary licenses for some 1
2527 professions; and providing for an effective date." 2
2628 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
2729 * Section 1. AS 08.01.062 is repealed and reenacted to read: 4
2830 Sec. 08.01.062. Temporary license. (a) The department shall issue an 5
2931 applicant a temporary license under this section to engage in a profession regulated 6
3032 under this chapter if 7
3133 (1) the applicant 8
3234 (A) is licensed or credentialed to practice the profession in 9
3335 another state or territory of the United States that 10
3436 (i) has requirements for a license to practice the 11
3537 profession that are substantially equivalent to or greater than the 12
3638 requirements listed in the applicable chapter of this title; or 13
37-(ii) authorizes a scope of practice substantially 14 33-GH1614\S
38-CSHB 85(MLV) -2- HB0085c
39+(ii) authorizes a scope of practice substantially 14 33-GH1614\B
40+CSHB 85(L&C) -2- HB0085b
3941 New Text Underlined [DELETED TEXT BRACKETED]
4042
4143 equivalent to the scope of practice of the corresponding license in this 1
4244 state; or 2
4345 (B) if applicable, meets the qualifications and requirements for 3
4446 a license under the applicable chapter of this title through military education, 4
4547 training, and service under AS 08.01.064(a) and does not already hold a license 5
4648 to practice that profession in another jurisdiction as a member of the armed 6
4749 forces listed in AS 08.01.064(a)(2); 7
4850 (2) at the time of the application, the applicant is not subject to 8
4951 disciplinary action related to the profession in another jurisdiction or the subject of an 9
5052 ongoing review or disciplinary proceeding by the profession's licensing entity in that 10
5153 jurisdiction; 11
5254 (3) within 10 years before submitting an application, the applicant has 12
5355 not committed an act in another jurisdiction that would have constituted grounds for 13
5456 the denial or revocation of a license, certificate, or permit to practice that occupation 14
5557 under this title; and 15
5658 (4) the applicable fees are paid. 16
5759 (b) If the department or applicable board requires that an applicant for a 17
5860 professional license undergo a criminal history record check, the applicant for a 18
5961 temporary license will be subject to the same requirements. The department may 19
6062 consider an application and grant a temporary license before obtaining any resulting 20
6163 report. If the department subsequently receives criminal record information that would 21
6264 authorize the department or board to take disciplinary action, the department or board 22
6365 shall exercise that authority. 23
6466 (c) A temporary license issued under this section is valid for up to 180 days, as 24
6567 determined by the department. An applicant may apply for one 180-day extension, 25
6668 which will be approved at the department's discretion. 26
6769 (d) Notwithstanding any other provision of law, a temporary license issued 27
6870 under this section for an occupation listed in AS 08.01.010, excluding the professions 28
6971 regulated under AS 08.48, AS 08.54, and AS 08.62, satisfies the requirements to 29
7072 temporarily practice the profession for which a license was granted. 30
71-(e) The department may revoke a license issued under this section if the 31 33-GH1614\S
72-HB0085c -3- CSHB 85(MLV)
73+(e) The department may revoke a license issued under this section if the 31 33-GH1614\B
74+HB0085b -3- CSHB 85(L&C)
7375 New Text Underlined [DELETED TEXT BRACKETED]
7476
7577 department finds that the license was secured through deceit, fraud, or intentional 1
7678 misrepresentation. 2
7779 (f) The department shall set fees for temporary licenses under AS 08.01.065. 3
7880 * Sec. 2. AS 08.01.063(a) is amended to read: 4
79-(a) Except as provided in (d) of this section [,] and 50 U.S.C. 4025a 5
80-(Veterans Auto and Educat ion Improvement Act of 2022) 6
81-[NOTWITHSTANDING ANOTHER PROVISION OF LAW], the department or 7
82-appropriate board shall issue a military [TEMPORARY] courtesy license to a 8
83-military servicemember [AN ACTIVE DUTY MEMBER OF THE ARMED 9
84-FORCES OF THE UNITED STATES] or the spouse of a military servicemember to 10
85-enable the military servicemember or spouse to practice a profession for which 11
86-the military servicemember or spouse holds a license or certificate in another 12
87-jurisdiction [AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE 13
88-UNITED STATES] if the military servicemember [ACTIVE DUTY MEMBER] or 14
89-spouse meets the requirements of this section and applies to the department or 15
90-appropriate board in the manner prescribed by the department or appropriate board. 16
91-An application must include evidence satisfactory to the department or appropriate 17
92-board that the applicant 18
93-(1) is a military servicemember [AN ACTIVE DUTY MEMBER OF 19
94-THE ARMED FORCES OF THE UNITED STATES] or the spouse of a military 20
95-servicemember [IS MARRIED TO AND LIVING WITH A MEMBER OF THE 21
96-ARMED FORCES OF THE UNITED STATES] who relocates to [IS ON ACTIVE 22
97-DUTY AND ASSIGNED TO A DUTY STATION IN] this state under offici al 23
98-[ACTIVE DUTY] military orders; 24
99-(2) holds a current license or certificate in another jurisdiction that 25
100-the military servicemember or spouse of the military servicemember has actively 26
101-used during the two years immediately preceding relocation to the state [, 27
102-DISTRICT, OR TERRITORY OF THE UNITED STATES, OR THAT IS 28
103-RECOGNIZED BY THE UNITED STATES, INCLUDING A BRANCH OF THE 29
104-ARMED FORCES OF THE UNITED STATES, WITH REQUIREMENTS THAT 30
105-THE DEPARTMENT OR APPROPRIATE BOARD DETERMINES ARE 31 33-GH1614\S
106-CSHB 85(MLV) -4- HB0085c
81+(a) Except as provided in (d) of this section, and notwithstanding another 5
82+provision of law, the department or appropriate board shall issue a temporary military 6
83+courtesy license to an active duty member of the armed forces of the United States or 7
84+the spouse of an active duty member of the armed forces of the United States if the 8
85+active duty member or spouse meets the requirements of this section and applies to the 9
86+department or appropriate board in the manner prescribed by the department or 10
87+appropriate board. An application must include evidence satisfactory to the department 11
88+or appropriate board that the applicant 12
89+(1) is an active duty member of the armed forces of the United States 13
90+or is married to and living with a member of the armed forces of the United States who 14
91+is on active duty and assigned to a duty station in this state under official active duty 15
92+military orders; 16
93+(2) holds a current license or certificate in another state, district, or 17
94+territory of the United States, or that is recognized by the United States, including a 18
95+branch of the armed forces of the United States, with requirements that the department 19
96+or appropriate board determines are substantially equivalent to those established under 20
97+this title for that occupation; 21
98+(3) if required by the department or appropriate board for obtaining a 22
99+license or certificate in the applicant's profession, has been fingerprinted and has 23
100+provided the fees required by the Department of Public Safety under AS 12.62.160 for 24
101+criminal justice information and a national criminal history record check; the 25
102+fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a 26
103+report of criminal justice information under AS 12.62 and a national criminal history 27
104+record check under AS 12.62.400; 28
105+(4) has not committed an act in any jurisdiction that would have 29
106+constituted grounds for the refusal, suspension, or revocation of a license or certificate 30
107+to practice that occupation under this title at the time the act was committed; 31 33-GH1614\B
108+CSHB 85(L&C) -4- HB0085b
107109 New Text Underlined [DELETED TEXT BRACKETED]
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109-SUBSTANTIALLY EQUIVALENT TO THOSE ESTABLISHED UNDER THIS 1
110-TITLE FOR THAT OCCUPATION]; 2
111-(3) if required by the department or appropriate board for obtaining a 3
112-license or certificate in the applicant's profession, has been fingerprinted and has 4
113-provided the fees required by the Department of Public Safety under AS 12.62.160 for 5
114-criminal justice information and a national criminal history record check; the 6
115-fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a 7
116-report of criminal justice information under AS 12.62 and a national criminal history 8
117-record check under AS 12.62.400; 9
118-(4) remains in good standing with 10
119-(A) the licensing authority of the jurisdiction that issued the 11
120-applicant's existing license or certificate; and 12
121-(B) the licensing authority of any other jurisdiction that has 13
122-issued the applicant a license or certificate with a similar scope of practice 14
123-in the profession applied for [HAS NOT COMMITTED AN ACT IN ANY 15
124-JURISDICTION THAT WOULD HAVE CONSTITUTED GROUNDS FOR 16
125-THE REFUSAL, SUSPENSION, OR REVOCATION OF A LICENSE OR 17
126-CERTIFICATE TO PRACTICE THAT OCCUPATION UNDER THIS 18
127-TITLE AT THE TIME THE ACT WAS COMMITTED]; 19
128-(5) submits to the authority of the department or board for the 20
129-purposes of standards of practice, discipline, and fulfillment of any continuing 21
130-education requirements [HAS NOT BEEN DISCIPLINED BY A LICENSING OR 22
131-CREDENTIALING ENTITY IN ANOTHER JURISDICTION AND IS NOT THE 23
132-SUBJECT OF AN UNRESOLVED COMPLAINT, REVIEW PROCEDURE, OR 24
133-DISCIPLINARY PROCEEDING CONDUCTED BY A LICENSING OR 25
134-CREDENTIALING ENTITY IN ANOTHER JURISDICTION]; and 26
135-(6) pays any fees required under this title. 27
136- * Sec. 3. AS 08.01.063(b) is amended to read: 28
137-(b) The department or appropriate board shall issue a military courtesy 29
138-[TEMPORARY] license under this section to a person who meets the requirements 30
139-under (a) of this section within 30 days after the department or appropriate board 31 33-GH1614\S
140-HB0085c -5- CSHB 85(MLV)
111+(5) has not been disciplined by a licensing or credentialing entity in 1
112+another jurisdiction and is not the subject of an unresolved complaint, review 2
113+procedure, or disciplinary proceeding conducted by a licensing or credentialing entity 3
114+in another jurisdiction; and 4
115+(6) pays any fees required under this title. 5
116+ * Sec. 3. AS 08.01.063(b) is amended to read: 6
117+(b) The department or appropriate board shall issue a temporary military 7
118+courtesy license under this section to a person who meets the requirements under (a) 8
119+of this section within 30 days after the department or appropriate board receives the 9
120+person's completed application for the temporary military courtesy license. 10
121+ * Sec. 4. AS 08.01.063(c) is amended to read: 11
122+(c) A temporary military courtesy license issued under this section is valid for 12
123+180 days and may be extended at the discretion of the department or appropriate board 13
124+for one additional 180-day period, on application of the holder of the temporary 14
125+military courtesy license. 15
126+ * Sec. 5. AS 08.01.063(e) is amended to read: 16
127+(e) The department shall prepare an annual report that describes, for the 17
128+previous fiscal year, information on temporary military courtesy licenses issued under 18
129+this section, including 19
130+(1) expedited application procedures; 20
131+(2) progress made toward implementing regulations for the licenses, 21
132+changes to regulations made to accommodate the needs of military spouses, and any 22
133+plans for future regulations; 23
134+(3) the number and type of the licenses that have been issued; and 24
135+(4) the department's efforts to inform each board authorized to issue a 25
136+temporary military courtesy license under this section and the military community in 26
137+the state about the licenses. 27
138+ * Sec. 6. AS 08.01.063(g) is amended to read: 28
139+(g) The department shall annually produce and distribute to each board 29
140+authorized to issue a temporary military courtesy license under this section 30
141+informational materials for the purpose of improving the board's knowledge of the 31 33-GH1614\B
142+HB0085b -5- CSHB 85(L&C)
141143 New Text Underlined [DELETED TEXT BRACKETED]
142144
143-receives the person's completed application for the military courtesy 1
144-[TEMPORARY] license. 2
145- * Sec. 4. AS 08.01.063(c) is amended to read: 3
146-(c) A military [TEMPORARY] courtesy license issued under this section is 4
147-valid for the period that the military servicemember is under official military 5
148-orders under (a) of this section or 180 days, whichever is longer. A military 6
149-courtesy license [AND] may be extended at the discretion of the department or 7
150-appropriate board for 180 days [ONE ADDITIONAL 180-DAY PERIOD], on 8
151-application of the holder of the military [TEMPORARY] courtesy license. 9
152- * Sec. 5. AS 08.01.063(e) is amended to read: 10
153-(e) The department shall prepare an annual report that describes, for the 11
154-previous fiscal year, information on military [TEMPORARY] courtesy licenses 12
155-issued under this section, including 13
156-(1) expedited application procedures; 14
157-(2) progress made toward implementing regulations for the licenses, 15
158-changes to regulations made to accommodate the needs of military spouses, and any 16
159-plans for future regulations; 17
160-(3) the number and type of the licenses that have been issued; and 18
161-(4) the department's efforts to inform each board authorized to issue a 19
162-military [TEMPORARY] courtesy license under this section and the military 20
163-community in the state about the licenses. 21
164- * Sec. 6. AS 08.01.063(g) is amended to read: 22
165-(g) The department shall annually produce and distribute to each board 23
166-authorized to issue a military [TEMPORARY] courtesy license under this section 24
167-informational materials for the purpose of improving the board's knowledge of the 25
168-military courtesy licenses, the application process, and best practices in providing 26
169-applicant support. The department shall encourage the boards to designate a single 27
170-employee to serve as the point of contact for public information and inquiries related 28
171-to military [TEMPORARY] courtesy licenses for military spouses. 29
172- * Sec. 7. AS 08.01.063 is amended by adding a new subsection to read: 30
173-(h) In this section, "military servicemember" includes a member of 31 33-GH1614\S
174-CSHB 85(MLV) -6- HB0085c
175- New Text Underlined [DELETED TEXT BRACKETED]
176-
177-(1) the armed forces of the United States; 1
178-(2) the Commissioned Corps of the National Oceanic and Atmospheric 2
179-Administration; and 3
180-(3) the United States Public Health Service Commissioned Corps. 4
181- * Sec. 8. AS 08.13.070 is amended to read: 5
145+temporary military courtesy licenses, the application process, and best practices in 1
146+providing applicant support. The department shall encourage the boards to designate a 2
147+single employee to serve as the point of contact for public information and inquiries 3
148+related to temporary military courtesy licenses for military spouses. 4
149+ * Sec. 7. AS 08.13.070 is amended to read: 5
182150 Sec. 08.13.070. License required. A person may not 6
183151 (1) practice barbering, hairdressing, hair braiding, manicuring, 7
184152 esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, 8
185153 [TEMPORARY PERMIT,] temporary license under AS 08.01.062, or student permit 9
186154 unless exempted under AS 08.13.160(d); 10
187155 (2) practice barbering, hairdressing, hair braiding, manicuring, 11
188156 esthetics, body piercing, tattooing, or permanent cosmetic coloring except in a shop or 12
189157 school licensed under this chapter unless exempted under AS 08.13.160(d) or 13
190158 permitted under AS 08.13.160(e); 14
191159 (3) open or conduct a school of barbering, hairdressing, manicuring, or 15
192160 esthetics without a license; 16
193161 (4) teach in a school of barbering, hairdressing, manicuring, or 17
194162 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 18
195163 esthetics without an instructor's license; 19
196164 (5) operate a shop in violation of AS 08.13.120; 20
197165 (6) permit an employee or other person being supervised who is not 21
198166 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 22
199167 manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring 23
200168 without a license, [TEMPORARY PERMIT,] temporary license under AS 08.01.062, 24
201169 or student permit; 25
202170 (7) permit the use of the person's license, [TEMPORARY PERMIT,] 26
203171 temporary license under AS 08.01.062, or student permit by another person; 27
204172 (8) obtain or attempt to obtain a license, [TEMPORARY PERMIT,] 28
205173 temporary license under AS 08.01.062, or student permit by fraudulent means. 29
206- * Sec. 9. AS 08.13.120(b) is amended to read: 30
207-(b) The regulations adopted under (a) of this section must include provisions 31 33-GH1614\S
208-HB0085c -7- CSHB 85(MLV)
174+ * Sec. 8. AS 08.13.120(b) is amended to read: 30
175+(b) The regulations adopted under (a) of this section must include provisions 31 33-GH1614\B
176+CSHB 85(L&C) -6- HB0085b
209177 New Text Underlined [DELETED TEXT BRACKETED]
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211179 under which the board may issue a temporary shop license to a person who has a 1
212180 license or temporary license under AS 08.01.062 [PERMIT UNDER THIS 2
213181 CHAPTER] to practice tattooing, permanent cosmetic coloring, or body piercing. The 3
214182 temporary shop license authorized under this subsection may only be issued to cover a 4
215183 site where the practitioner intends to hold a workshop or to demonstrate techniques as 5
216184 part of a convention or other special event, as defined by the board, that includes other 6
217185 practitioners of tattooing, permanent cosmetic coloring, or body piercing. Each 7
218186 practitioner of tattooing, permanent cosmetic coloring, or body piercing who holds a 8
219187 workshop or demonstrates techniques at a convention or special event shall have a 9
220188 separate temporary shop license and a license or temporary license under 10
221189 AS 08.01.062 [PERMIT UNDER THIS CHAPTER] to practice tattooing, permanent 11
222190 cosmetic coloring, or body piercing. The board shall issue a temporary shop license 12
223191 upon receipt of an application from a practitioner demonstrating compliance with the 13
224192 regulations adopted under this section and payment of the appropriate fee; however, 14
225193 the temporary shop license may be summarily revoked, without refunding of the fee, if 15
226194 the Department of Environmental Conservation determines after an inspection that the 16
227195 cleanliness or sanitation conditions at the site covered by the temporary shop license 17
228196 pose a clear and immediate danger to the public health or safety. A licensee may 18
229197 appeal a summary revocation under this subsection to the superior court. 19
230- * Sec. 10. AS 08.13.130(a) is amended to read: 20
198+ * Sec. 9. AS 08.13.130(a) is amended to read: 20
231199 (a) A practitioner shall display the practitioner's license in a conspicuous 21
232200 location in the practitioner's place of business. Each shop owner is responsible for the 22
233201 conspicuous display of the shop's license and the licenses of employees and 23
234202 individuals renting booths in the shop. A person holding a student permit or [,] 24
235203 temporary license under AS 08.01.062 [, OR TEMPORARY PERMIT] shall display 25
236204 the permit or license in a conspicuous location in the school in which the person is 26
237205 enrolled or the shop in which the person works. The school or shop owner is 27
238206 responsible for the display of a permit or license for each enrolled student, apprentice, 28
239207 or temporary license holder. 29
240- * Sec. 11. AS 08.13.150 is amended to read: 30
241-Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 31 33-GH1614\S
242-CSHB 85(MLV) -8- HB0085c
208+ * Sec. 10. AS 08.13.150 is amended to read: 30
209+Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 31 33-GH1614\B
210+HB0085b -7- CSHB 85(L&C)
243211 New Text Underlined [DELETED TEXT BRACKETED]
244212
245213 or permit. The board may, in addition to the actions authorized under AS 08.01.075, 1
246214 refuse, suspend, or revoke a license, temporary shop license, student permit, or 2
247215 temporary license under AS 08.01.062 [, OR TEMPORARY PERMIT] for failure to 3
248216 comply with this chapter, with a regulation adopted under this chapter, with a 4
249217 regulation adopted by the Department of Environmental Conservation under 5
250218 AS 44.46.020, or with an order of the board. 6
251- * Sec. 12. AS 08.13.160(d) is amended to read: 7
219+ * Sec. 11. AS 08.13.160(d) is amended to read: 7
252220 (d) The licensing and permit provisions of this chapter do not apply to 8
253221 (1) a person practicing barbering, hairdressing, hair braiding, 9
254222 manicuring, or esthetics in a community having a population of less than 1,000 people 10
255223 that is not within 25 miles of a community of more than 1,000 people and who does 11
256224 not use chemicals or uses only chemicals available to the general public; 12
257225 (2) a licensed health care professional; 13
258226 (3) a person licensed or permitted in [BY] another [LICENSING] 14
259227 jurisdiction in a field of practice regulated [LICENSED] by this chapter while 15
260228 demonstrating techniques or products to persons holding licenses or permits under this 16
261229 chapter; 17
262230 (4) a person practicing tattooing, permanent cosmetic coloring, or body 18
263231 piercing solely on the person's own body; 19
264232 (5) the practice of manicuring by a student as part of instruction in a 20
265233 12-hour course approved under AS 08.13.110(d). 21
266- * Sec. 13. AS 08.13.175 is amended to read: 22
234+ * Sec. 12. AS 08.13.175 is amended to read: 22
267235 Sec. 08.13.175. Temporary license. A person who receives a temporary 23
268236 license under AS 08.01.062 must work [MEETS THE REQUIREMENTS OF 24
269237 AS 08.13.080(a)(1), (2), (3), (4), OR (6) IS ENTITLED TO BE TEMPORARILY 25
270238 LICENSED AFTER APPLYING FOR EXAMINATION UNDER THIS CHAPTER 26
271239 IF THE APPLICANT WORKS] under the direct supervision, and within the physical 27
272240 presence, of a person who is licensed under this chapter. [IN THE AREA OF 28
273241 PRACTICE FOR WHICH THE APPLICANT HAS APPLIED FOR 29
274242 EXAMINATION. A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS 30
275-VALID FOR 120 DAYS AND IS NONRENEWABLE. A PERSON MAY NOT 31 33-GH1614\S
276-HB0085c -9- CSHB 85(MLV)
243+VALID FOR 120 DAYS AND IS NONRENEWABLE. A PERSON MAY NOT 31 33-GH1614\B
244+CSHB 85(L&C) -8- HB0085b
277245 New Text Underlined [DELETED TEXT BRACKETED]
278246
279247 RECEIVE MORE THAN ONE TEMPORARY LICENSE FOR EACH AREA OF 1
280248 PRACTICE LICENSED UNDER THIS CHAPTER. AN APPLICATION FOR A 2
281249 TEMPORARY LICENSE MUST BE SIGNED BY THE SUPERVISING LICENSEE 3
282250 AND ACCOMPANIED BY THE TEMPORARY LICENSE FEE REQUIRED 4
283251 UNDER AS 08.13.185.] 5
284- * Sec. 14. AS 08.13.185(a) is amended to read: 6
252+ * Sec. 13. AS 08.13.185(a) is amended to read: 6
285253 (a) The Department of Commerce, Community, and Economic Development 7
286254 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 8
287255 (1) schools; 9
288256 (2) school owners; 10
289257 (3) instructor; 11
290258 (4) shop owner; 12
291259 (5) practitioner of barbering; 13
292260 (6) practitioner of hairdressing; 14
293261 (7) practitioner of manicuring; 15
294262 (8) practitioner of esthetics; 16
295263 (9) practitioner of tattooing; 17
296264 (10) practitioner of body piercing; 18
297265 (11) temporary shop license; 19
298266 (12) [TEMPORARY PERMIT; 20
299267 (13)] temporary license; 21
300268 (13) [(14)] student permit; 22
301269 (14) [(15)] endorsement for advanced manicuring; 23
302270 (15) [(16)] practitioner of hair braiding; 24
303271 (16) [(17)] practitioner of permanent cosmetic coloring; 25
304272 (17) [(18)] practitioner of non-chemical barbering. 26
305- * Sec. 15. AS 08.13.190 is amended to read: 27
273+ * Sec. 14. AS 08.13.190 is amended to read: 27
306274 Sec. 08.13.190. Failure to possess a license or permit. (a) A person who 28
307275 practices barbering, hairdressing, hair braiding, esthetics, tattooing, permanent 29
308276 cosmetic coloring, or body piercing, or operates a shop, or operates a school of 30
309-barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, 31 33-GH1614\S
310-CSHB 85(MLV) -10- HB0085c
277+barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, 31 33-GH1614\B
278+HB0085b -9- CSHB 85(L&C)
311279 New Text Underlined [DELETED TEXT BRACKETED]
312280
313281 or esthetics, without a license, [TEMPORARY PERMIT,] temporary license under 1
314282 AS 08.01.062, or student permit and who is not exempt under AS 08.13.120 or under 2
315283 AS 08.13.160(d) is guilty of a class B misdemeanor. 3
316284 (b) A person who practices manicuring, operates a shop for manicuring, 4
317285 operates a school of manicuring, or teaches in a school of manicuring without the 5
318286 appropriate license, [TEMPORARY PERMIT,] temporary license under 6
319287 AS 08.01.062, or student permit and who is not exempt under AS 08.13.120 or 7
320288 08.13.160(d) is guilty of a violation. 8
321- * Sec. 16. AS 08.20.180(a) is amended to read: 9
289+ * Sec. 15. AS 08.20.180(a) is amended to read: 9
322290 (a) An applicant for an examination, reexamination, issuance of a temporary 10
323291 license [PERMIT] under AS 08.01.062 [AS 08.20.160, ISSUANCE OF A LOCUM 11
324292 TENENS PERMIT UNDER AS 08.20.163], issuance of a license by credentials under 12
325293 AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 13
326294 renewal of an active or inactive license shall pay a fee established under 14
327295 AS 08.01.065. 15
328- * Sec. 17. AS 08.36.100 is amended to read: 16
296+ * Sec. 16. AS 08.36.100 is amended to read: 16
329297 Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND 17
330298 08.36.254], a person may not practice, or attempt to practice, dentistry without a 18
331299 license. 19
332- * Sec. 18. AS 08.64.279 is amended to read: 20
333-Sec. 08.64.279. Interview for intern permit or temporary license 21
334-[PERMITS]. An applicant for an intern permit or a temporary license under 22
335-AS 08.01.062 [, A RESIDENT PERMIT, OR A TEMPORARY PERMIT FOR 23
336-LOCUM TENENS PRACTICE] may be interviewed in person by the board, a 24
337-member of the board, the executive secretary of the board, or a person designated for 25
338-that purpose by the board. 26
339- * Sec. 19. AS 08.64.315 is amended to read: 27
340-Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 28
341-each of the following: 29
342-(1) application; 30
343-(2) license by examination; 31 33-GH1614\S
344-HB0085c -11- CSHB 85(MLV)
300+ * Sec. 17. AS 08.64.279 is amended to read: 20
301+Sec. 08.64.279. Interview for permit or temporary license [PERMITS]. An 21
302+applicant for an intern permit or a temporary license under AS 08.01.062 [, A 22
303+RESIDENT PERMIT, OR A TEMPORARY PERMIT FOR LOCUM TENENS 23
304+PRACTICE] may be interviewed in person by the board, a member of the board, the 24
305+executive secretary of the board, or a person designated for that purpose by the board. 25
306+ * Sec. 18. AS 08.64.315 is amended to read: 26
307+Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 27
308+each of the following: 28
309+(1) application; 29
310+(2) license by examination; 30
311+(3) license by endorsement or waiver of examination; 31 33-GH1614\B
312+CSHB 85(L&C) -10- HB0085b
345313 New Text Underlined [DELETED TEXT BRACKETED]
346314
347-(3) license by endorsement or waiver of examination; 1
348-(4) [TEMPORARY PERMIT; 2
349-(5) LOCUM TENENS PERMIT; 3
350-(6)] license renewal, active; 4
351-(5) [(7)] license renewal, inactive; 5
352-(6) temporary license under AS 08.01.062; 6
353-(7) [(8)] license by reexamination. 7
354- * Sec. 20. AS 08.68.220 is amended to read: 8
355-Sec. 08.68.220. Fees. The Department of Commerce, Community, and 9
356-Economic Development shall set fees under AS 08.01.065 for each of the following: 10
357-(1) registered nursing: 11
358-(A) application; 12
359-(B) license by examination; 13
360-(C) license by endorsement; 14
361-(D) license renewal; 15
362-(E) temporary license under AS 08.01.062 [PERMIT]; 16
363-(2) practical nursing: 17
364-(A) application; 18
365-(B) license by examination; 19
366-(C) license by endorsement; 20
367-(D) license renewal; 21
368-(E) temporary license under AS 08.01.062 [PERMIT]; 22
369-(3) advanced practice registered nursing: 23
370-(A) application; 24
371-(B) license by certification examination; 25
372-(C) license by endorsement; 26
373-(D) license renewal; 27
374-(E) temporary license under AS 08.01.062 [PERMIT]. 28
375- * Sec. 21. AS 08.68.230(d) is amended to read: 29
376-(d) A person who holds a temporary license under AS 08.01.062 [PERMIT] 30
377-to practice as a licensed practical nurse shall use the title "Temporary Licensed 31 33-GH1614\S
378-CSHB 85(MLV) -12- HB0085c
315+(4) [TEMPORARY PERMIT; 1
316+(5) LOCUM TENENS PERMIT; 2
317+(6)] license renewal, active; 3
318+(5) [(7)] license renewal, inactive; 4
319+(6) temporary license under AS 08.01.062; 5
320+(7) [(8)] license by reexamination. 6
321+ * Sec. 19. AS 08.68.220 is amended to read: 7
322+Sec. 08.68.220. Fees. The Department of Commerce, Community, and 8
323+Economic Development shall set fees under AS 08.01.065 for each of the following: 9
324+(1) registered nursing: 10
325+(A) application; 11
326+(B) license by examination; 12
327+(C) license by endorsement; 13
328+(D) license renewal; 14
329+(E) temporary license under AS 08.01.062 [PERMIT]; 15
330+(2) practical nursing: 16
331+(A) application; 17
332+(B) license by examination; 18
333+(C) license by endorsement; 19
334+(D) license renewal; 20
335+(E) temporary license under AS 08.01.062 [PERMIT]; 21
336+(3) advanced practice registered nursing: 22
337+(A) application; 23
338+(B) license by certification examination; 24
339+(C) license by endorsement; 25
340+(D) license renewal; 26
341+(E) temporary license under AS 08.01.062 [PERMIT]. 27
342+ * Sec. 20. AS 08.68.230(d) is amended to read: 28
343+(d) A person who holds a temporary license under AS 08.01.062 [PERMIT] 29
344+to practice as a licensed practical nurse shall use the title "Temporary Licensed 30
345+Practical Nurse" and the abbreviation "TLPN." 31 33-GH1614\B
346+HB0085b -11- CSHB 85(L&C)
379347 New Text Underlined [DELETED TEXT BRACKETED]
380348
381-Practical Nurse" and the abbreviation "TLPN." 1
382- * Sec. 22. AS 08.84.010(b) is amended to read: 2
383-(b) The board shall control all matters pertaining to the licensing of physical 3
384-therapists, physical therapist assistants, occupational therapists, and occupational 4
385-therapy assistants and the practice of physical therapy and the practice of occupational 5
386-therapy under this chapter. The board shall 6
387-(1) pass upon the qualifications of applicants; 7
388-(2) provide for the examination of applicants; 8
389-(3) issue [TEMPORARY PERMITS AND] licenses to persons 9
390-qualified under this chapter; 10
391-(4) suspend, revoke, or refuse to issue or renew a license under 11
392-AS 08.84.120; 12
393-(5) keep a current register listing the name, business address, date, and 13
394-number of the license of each person who is licensed to practice under this chapter; 14
395-(6) adopt regulations under AS 44.62 (Administrative Procedure Act) 15
396-necessary to carry out the purposes of this chapter, including regulations establishing 16
397-qualifications for licensure and renewal of licensure under this chapter. 17
398- * Sec. 23. AS 08.84.050 is amended to read: 18
399-Sec. 08.84.050. Fees. The Department of Commerce, Community, and 19
400-Economic Development shall set fees under AS 08.01.065 for the following: 20
401-(1) application; 21
402-(2) license by examination; 22
403-(3) license by acceptance of credentials; 23
404-(4) renewal; 24
405-(5) temporary license under AS 08.01.062 [PERMIT; 25
406-(6) LIMITED PERMIT]. 26
407- * Sec. 24. AS 08.84.150 is amended to read: 27
408-Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 28
409-to practice physical therapy without being licensed under this chapter unless the 29
410-person is 30
411-(1) a student in an accredited physical therapy program; 31 33-GH1614\S
412-HB0085c -13- CSHB 85(MLV)
349+ * Sec. 21. AS 08.84.010(b) is amended to read: 1
350+(b) The board shall control all matters pertaining to the licensing of physical 2
351+therapists, physical therapist assistants, occupational therapists, and occupational 3
352+therapy assistants and the practice of physical therapy and the practice of occupational 4
353+therapy under this chapter. The board shall 5
354+(1) pass upon the qualifications of applicants; 6
355+(2) provide for the examination of applicants; 7
356+(3) issue [TEMPORARY PERMITS AND] licenses to persons 8
357+qualified under this chapter; 9
358+(4) suspend, revoke, or refuse to issue or renew a license under 10
359+AS 08.84.120; 11
360+(5) keep a current register listing the name, business address, date, and 12
361+number of the license of each person who is licensed to practice under this chapter; 13
362+(6) adopt regulations under AS 44.62 (Administrative Procedure Act) 14
363+necessary to carry out the purposes of this chapter, including regulations establishing 15
364+qualifications for licensure and renewal of licensure under this chapter. 16
365+ * Sec. 22. AS 08.84.050 is amended to read: 17
366+Sec. 08.84.050. Fees. The Department of Commerce, Community, and 18
367+Economic Development shall set fees under AS 08.01.065 for the following: 19
368+(1) application; 20
369+(2) license by examination; 21
370+(3) license by acceptance of credentials; 22
371+(4) renewal; 23
372+(5) temporary license under AS 08.01.062 [PERMIT; 24
373+(6) LIMITED PERMIT]. 25
374+ * Sec. 23. AS 08.84.150 is amended to read: 26
375+Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 27
376+to practice physical therapy without being licensed under this chapter unless the 28
377+person is 29
378+(1) a student in an accredited physical therapy program; 30
379+(2) a graduate of a foreign school of physical therapy fulfilling the 31 33-GH1614\B
380+CSHB 85(L&C) -12- HB0085b
413381 New Text Underlined [DELETED TEXT BRACKETED]
414382
415-(2) a graduate of a foreign school of physical therapy fulfilling the 1
416-internship requirement of AS 08.84.032, and then only unless under the continuous 2
417-direction and immediate supervision of a physical therapist; or 3
418-(3) issued a temporary license [LIMITED PERMIT] under 4
419-AS 08.01.062 [AS 08.84.075]. 5
420-(b) A person may not provide services that the person describes as 6
421-occupational therapy without being licensed under this chapter unless the person is 7
422-(1) a student in an accredited occupational therapy program or in a 8
423-supervised field work program; 9
424-(2) a graduate of a foreign school of occupational therapy fulfilling the 10
425-internship requirement of AS 08.84.032, and then only unless under the continuous 11
426-direction and immediate supervision of an occupational therapist; 12
427-(3) an occupational therapist or occupational therapy assistant 13
428-employed by the United States government while in the discharge of official duties; 14
429-(4) granted a temporary license [LIMITED PERMIT] under 15
430-AS 08.01.062 [AS 08.84.075]; 16
431-(5) licensed under this title and uses occupational therapy skills in the 17
432-practice of the profession for which the license is issued; or 18
433-(6) employed as a teacher or teacher's aide by an educational 19
434-institution and is required to use occupational therapy skills during the course of 20
435-employment, if 21
436-(A) the occupational therapy skills are used under a program 22
437-implemented by the employer and developed by a licensed occupational 23
438-therapist; 24
439-(B) the employer maintains direct supervision of the person's 25
440-use of occupational therapy skills; and 26
441-(C) the person does not represent to 27
442-(i) be an occupational therapist or occupational therapy 28
443-assistant; and 29
444-(ii) practice occupational therapy. 30
445- * Sec. 25. AS 08.98.120(a) is amended to read: 31 33-GH1614\S
446-CSHB 85(MLV) -14- HB0085c
383+internship requirement of AS 08.84.032, and then only unless under the continuous 1
384+direction and immediate supervision of a physical therapist; or 2
385+(3) issued a temporary license [LIMITED PERMIT] under 3
386+AS 08.01.062 [AS 08.84.075]. 4
387+(b) A person may not provide services that the person describes as 5
388+occupational therapy without being licensed under this chapter unless the person is 6
389+(1) a student in an accredited occupational therapy program or in a 7
390+supervised field work program; 8
391+(2) a graduate of a foreign school of occupational therapy fulfilling the 9
392+internship requirement of AS 08.84.032, and then only unless under the continuous 10
393+direction and immediate supervision of an occupational therapist; 11
394+(3) an occupational therapist or occupational therapy assistant 12
395+employed by the United States government while in the discharge of official duties; 13
396+(4) granted a temporary license [LIMITED PERMIT] under 14
397+AS 08.01.062 [AS 08.84.075]; 15
398+(5) licensed under this title and uses occupational therapy skills in the 16
399+practice of the profession for which the license is issued; or 17
400+(6) employed as a teacher or teacher's aide by an educational 18
401+institution and is required to use occupational therapy skills during the course of 19
402+employment, if 20
403+(A) the occupational therapy skills are used under a program 21
404+implemented by the employer and developed by a licensed occupational 22
405+therapist; 23
406+(B) the employer maintains direct supervision of the person's 24
407+use of occupational therapy skills; and 25
408+(C) the person does not represent to 26
409+(i) be an occupational therapist or occupational therapy 27
410+assistant; and 28
411+(ii) practice occupational therapy. 29
412+ * Sec. 24. AS 08.98.120(a) is amended to read: 30
413+(a) A person may not practice veterinary medicine, surgery, or dentistry unless 31 33-GH1614\B
414+HB0085b -13- CSHB 85(L&C)
447415 New Text Underlined [DELETED TEXT BRACKETED]
448416
449-(a) A person may not practice veterinary medicine, surgery, or dentistry unless 1
450-the person is licensed as a veterinarian under this chapter or has a temporary license 2
451-[PERMIT ISSUED] under AS 08.01.062 [AS 08.98.186], except that a person may 3
452-perform functions authorized by 4
453-(1) regulation of the board if the person is licensed as a veterinary 5
454-technician; or 6
455-(2) a permit issued under AS 08.02.050 if the person is employed by 7
456-an agency that has a permit issued under AS 08.02.050. 8
457- * Sec. 26. AS 08.98.180 is amended to read: 9
458-Sec. 08.98.180. Temporary license. A person who is granted a temporary 10
459-license by the department under AS 08.01.062 must work [MEETS THE 11
460-REQUIREMENTS OF AS 08.98.165(a)(1), (4), AND (5) IS ENTITLED TO BE 12
461-TEMPORARILY LICENSED AFTER APPLYING FOR EXAMINATION IF THE 13
462-PERSON WORKS] under the supervision of a [LICENSED] veterinarian licensed 14
463-under this chapter. [A LICENSE ISSUED UNDER THIS SECTION IS VALID 15
464-UNTIL THE RESULTS OF THE EXAMINATIONS ARE PUBLISHED. A PERSON 16
465-MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE. AN 17
466-APPLICATION FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE 18
467-SUPERVISING VETERINARIAN AND ACCOMPANIED BY THE TEMPORARY 19
468-LICENSE FEE REQUIRED UNDER AS 08.98.190.] 20
469- * Sec. 27. AS 08.98.190 is amended to read: 21
470-Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 22
471-following: 23
472-(1) application; 24
473-(2) examination; 25
474-(3) investigation of credentials; 26
475-(4) license; 27
476-(5) license renewal; 28
477-(6) temporary license under AS 08.01.062 [; 29
478-(7) TEMPORARY PERMIT]. 30
479- * Sec. 28. AS 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 08.11.025; 31 33-GH1614\S
480-HB0085c -15- CSHB 85(MLV)
417+the person is licensed as a veterinarian under this chapter or has a temporary license 1
418+[PERMIT ISSUED] under AS 08.01.062 [AS 08.98.186], except that a person may 2
419+perform functions authorized by 3
420+(1) regulation of the board if the person is licensed as a veterinary 4
421+technician; or 5
422+(2) a permit issued under AS 08.02.050 if the person is employed by 6
423+an agency that has a permit issued under AS 08.02.050. 7
424+ * Sec. 25. AS 08.98.180 is amended to read: 8
425+Sec. 08.98.180. Temporary license. A person who is granted a temporary 9
426+license by the department under AS 08.01.062 must work [MEETS THE 10
427+REQUIREMENTS OF AS 08.98.165(a)(1), (4), AND (5) IS ENTITLED TO BE 11
428+TEMPORARILY LICENSED AFTER APPLYING FOR EXAMINATION IF THE 12
429+PERSON WORKS] under the supervision of a [LICENSED] veterinarian licensed 13
430+under this chapter. [A LICENSE ISSUED UNDER THIS SECTION IS VALID 14
431+UNTIL THE RESULTS OF THE EXAMINATIONS ARE PUBLISHED. A PERSON 15
432+MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE. AN 16
433+APPLICATION FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE 17
434+SUPERVISING VETERINARIAN AND ACCOMPANIED BY THE TEMPORARY 18
435+LICENSE FEE REQUIRED UNDER AS 08.98.190.] 19
436+ * Sec. 26. AS 08.98.190 is amended to read: 20
437+Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 21
438+following: 22
439+(1) application; 23
440+(2) examination; 24
441+(3) investigation of credentials; 25
442+(4) license; 26
443+(5) license renewal; 27
444+(6) temporary license under AS 08.01.062 [; 28
445+(7) TEMPORARY PERMIT]. 29
446+ * Sec. 27. AS 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 08.11.025; 30
447+AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; AS 08.36.254; 31 33-GH1614\B
448+CSHB 85(L&C) -14- HB0085b
481449 New Text Underlined [DELETED TEXT BRACKETED]
482450
483-AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; AS 08.36.254; 1
484-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; 2
485-AS 08.68.210; AS 08.70.130; AS 08.80.150, 08.80.155; AS 08.84.065, 08.84.075; 3
486-AS 08.86.135, 08.86.166; AS 08.95.125; and AS 08.98.186 are repealed. 4
487- * Sec. 29. 12 AAC 02.956; 12 AAC 02.957; 12 AAC 04.184; 12 AAC 14.135; 12 AAC 5
488-16.206; 12 AAC 18.108; 12 AAC 19.116; 12 AAC 28.958; 12 AAC 36.112; 12 AAC 40.046; 6
489-12 AAC 44.312; 12 AAC 48.035; 12 AAC 52.105; 12 AAC 54.130; 12 AAC 54.660; 12 7
490-AAC 60.032; 12 AAC 62.135; 12 AAC 64.066; 12 AAC 68.043; 12 AAC 70.135; and 12 8
491-AAC 79.115 are annulled. 9
492- * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 10
451+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; 1
452+AS 08.68.210; AS 08.70.130; AS 08.80.150, 08.80.155; AS 08.84.065, 08.84.075; 2
453+AS 08.86.135, 08.86.166; AS 08.95.125; and AS 08.98.186 are repealed. 3
454+ * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 4
455+read: 5
456+TRANSITION: REGULATIONS. The Department of Commerce, Community, and 6
457+Economic Development may adopt regulations necessary to implement the changes made by 7
458+this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 8
459+before the effective date of the law implemented by the regulation. 9
460+ * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 10
493461 read: 11
494-TRANSITION: REGULATIONS. The Department of Commerce, Community, and 12
495-Economic Development may adopt regulations necessary to implement the changes made by 13
496-this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 14
497-before the effective date of the law implemented by the regulation. 15
498- * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 16
499-read: 17
500-TRANSITION: SAVINGS CLAUSE. (a) Litigation, hearings, investigations, appeals, 18
501-and other proceedings pending under a law amended or repealed by this Act continue in effect 19
502-and may be continued and completed notwithstanding a transfer or amendment or repeal 20
503-provided for in this Act. 21
504-(b) Certificates, orders, permits, licenses, and regulations issued or adopted under the 22
505-authority of a law amended or repealed by this Act remain in effect for the term issued, or 23
506-until revoked, vacated, or otherwise modified under the provisions of this Act. 24
507-(c) Contracts, rights, liabilities, and obligations created by or under a law amended or 25
508-repealed by this Act, and in effect on the effective date of this Act, remain in effect 26
509-notwithstanding this Act's taking effect. 27
510- * Sec. 32. Sections 30 and 31 of this Act take effect immediately under AS 01.10.070(c). 28
511- * Sec. 33. Except as provided in sec. 32 of this Act, this Act takes effect July 1, 2024. 29
462+TRANSITION: SAVINGS CLAUSE. (a) Litigation, hearings, investigations, appeals, 12
463+and other proceedings pending under a law amended or repealed by this Act continue in effect 13
464+and may be continued and completed notwithstanding a transfer or amendment or repeal 14
465+provided for in this Act. 15
466+(b) Certificates, orders, permits, licenses, and regulations issued or adopted under the 16
467+authority of a law amended or repealed by this Act remain in effect for the term issued, or 17
468+until revoked, vacated, or otherwise modified under the provisions of this Act. 18
469+(c) Contracts, rights, liabilities, and obligations created by or under a law amended or 19
470+repealed by this Act, and in effect on the effective date of this Act, remain in effect 20
471+notwithstanding this Act's taking effect. 21
472+ * Sec. 30. Sections 28 and 29 of this Act take effect immediately under AS 01.10.070(c). 22
473+ * Sec. 31. Except as provided in sec. 30 of this Act, this Act takes effect July 1, 2024. 23