1 | 1 | | |
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2 | 2 | | HB0158a -1- HB 158 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-GH1614\A |
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11 | 11 | | HOUSE BILL NO. 158 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR |
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18 | 18 | | |
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19 | 19 | | Introduced: 3/26/25 |
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20 | 20 | | Referred: House Special Committee on Military and Veterans' Affairs, Labor and Commerce |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to professional licensing; relating to temporary licenses for certain 1 |
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28 | 28 | | professions; and providing for an effective date." 2 |
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29 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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30 | 30 | | * Section 1. AS 08.01 is amended by adding a new section to read: 4 |
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31 | 31 | | Sec. 08.01.061. Temporary license. (a) The department may issue a 5 |
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32 | 32 | | temporary license to practice an occupation in AS 08.01.010 if 6 |
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33 | 33 | | (1) the applicant 7 |
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34 | 34 | | (A) is licensed or credentialed to practice the occupation in 8 |
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35 | 35 | | another state or territory of the United States that 9 |
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36 | 36 | | (i) has requirements for a license to practice the 10 |
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37 | 37 | | occupation that are substantially equivalent to or greater than the 11 |
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38 | 38 | | requirements listed in the applicable chapter of this title; and 12 |
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39 | 39 | | (ii) authorizes a scope of practice substantially 13 |
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40 | 40 | | equivalent to the scope of practice of the corresponding license in this 14 34-GH1614\A |
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41 | 41 | | HB 158 -2- HB0158a |
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42 | 42 | | New Text Underlined [DELETED TEXT BRACKETED] |
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43 | 43 | | |
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44 | 44 | | state; or 1 |
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45 | 45 | | (B) does not hold a license to practice that occupation in 2 |
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46 | 46 | | another jurisdiction but meets the qualifications and requirements for a license 3 |
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47 | 47 | | under the applicable chapter of this title through military education, training, 4 |
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48 | 48 | | and service under AS 08.01.064; 5 |
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49 | 49 | | (2) at the time of application, the applicant is not subject to 6 |
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50 | 50 | | disciplinary action related to the occupation in another jurisdiction or the subject of an 7 |
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51 | 51 | | ongoing review or disciplinary proceeding by the licensing authority in that 8 |
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52 | 52 | | jurisdiction; 9 |
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53 | 53 | | (3) in the 10 years preceding the submission of an application, the 10 |
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54 | 54 | | applicant has not committed an act in another jurisdiction that would constitute 11 |
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55 | 55 | | grounds for the denial or revocation of a license, certificate, or permit to practice that 12 |
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56 | 56 | | occupation at the time the act was committed; and 13 |
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57 | 57 | | (4) the applicable fees are paid. 14 |
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58 | 58 | | (b) If the department or applicable board requires that an applicant for a 15 |
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59 | 59 | | professional license submit information related to a criminal history record check, 16 |
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60 | 60 | | those requirements also apply to an applicant for a temporary license. The department 17 |
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61 | 61 | | may grant a temporary license before obtaining the resulting report. 18 |
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62 | 62 | | (c) If the department finds that a temporary license was secured through 19 |
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63 | 63 | | deceit, fraud, or intentional misrepresentation, the department may take disciplinary 20 |
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64 | 64 | | action against the temporary license, including revoking the temporary license. 21 |
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65 | 65 | | (d) A temporary license is valid for up to 180 days as determined by the 22 |
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66 | 66 | | department. For each temporary license issued to an applicant, the applicant may 23 |
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67 | 67 | | apply for one 180-day extension, which will be approved at the department's 24 |
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68 | 68 | | discretion. 25 |
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69 | 69 | | (e) Except as provided in (f) of this section, a temporary license for an 26 |
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70 | 70 | | occupation listed in AS 08.01.010 satisfies the requirements to practice that 27 |
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71 | 71 | | occupation. 28 |
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72 | 72 | | (f) This section does not apply to an occupation regulated under AS 08.54 or 29 |
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73 | 73 | | AS 08.62. 30 |
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74 | 74 | | * Sec. 2. AS 08.01.062 is amended to read: 31 34-GH1614\A |
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75 | 75 | | HB0158a -3- HB 158 |
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77 | 77 | | |
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78 | 78 | | Sec. 08.01.062. Courtesy licenses. (a) A board established under this title 1 |
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79 | 79 | | [AND THE DEPARTMENT, WITH RESPECT TO AN OCCUPATION THAT IT 2 |
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80 | 80 | | REGULATES UNDER THIS TITLE,] may by regulation establish criteria for issuing 3 |
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81 | 81 | | a [TEMPORARY] courtesy license to nonresidents who enter the state so that, on a 4 |
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82 | 82 | | temporary basis, they may practice the occupation regulated by the board for a 5 |
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83 | 83 | | limited purpose. A courtesy license may not authorize a licensee to engage in the 6 |
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84 | 84 | | general practice of the related occupation [OR THE DEPARTMENT]. 7 |
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85 | 85 | | (b) The regulations adopted under (a) of this section may include limitations 8 |
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86 | 86 | | relating to the 9 |
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87 | 87 | | (1) duration of the license's validity; 10 |
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88 | 88 | | (2) scope of practice allowed under the license; and 11 |
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89 | 89 | | (3) other matters considered important by the board [OR THE 12 |
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90 | 90 | | DEPARTMENT]. 13 |
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91 | 91 | | * Sec. 3. AS 08.01.063 is repealed and reenacted to read: 14 |
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92 | 92 | | Sec. 08.01.063. Portability of professional licenses for servicemembers and 15 |
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93 | 93 | | their spouses. (a) Except as provided in (e) of this section and 50 U.S.C. 4025a, the 16 |
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94 | 94 | | department shall issue a license to practice an occupation in AS 08.01.010 that has an 17 |
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95 | 95 | | equivalent scope of practice as a certificate or license held by a servicemember or 18 |
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96 | 96 | | spouse of a servicemember if the servicemember or spouse relocates residence to the 19 |
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97 | 97 | | state in accordance with military orders, applies in a manner prescribed by the 20 |
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98 | 98 | | department, and meets the requirements of this section. An application under this 21 |
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99 | 99 | | section must include 22 |
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100 | 100 | | (1) evidence satisfactory to the department that the applicant 23 |
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101 | 101 | | (A) has received military orders, or is the spouse of a 24 |
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102 | 102 | | servicemember who has received military orders, for military service in the 25 |
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103 | 103 | | state; 26 |
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104 | 104 | | (B) holds a license or certificate issued by the licensing 27 |
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105 | 105 | | authority of another state that 28 |
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106 | 106 | | (i) is in good standing with the licensing authority; 29 |
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107 | 107 | | (ii) has not been revoked or subject to discipline; 30 |
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108 | 108 | | (iii) does not have an investigation relating to 31 34-GH1614\A |
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111 | 111 | | |
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112 | 112 | | unprofessional conduct pending in any state relating to it; and 1 |
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113 | 113 | | (iv) has not been voluntarily surrendered while under 2 |
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114 | 114 | | investigation for unprofessional conduct in any state; and 3 |
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115 | 115 | | (C) is in good standing with the licensing authority of any state 4 |
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116 | 116 | | that has issued the applicant a license or certificate. 5 |
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117 | 117 | | (2) a notarized affidavit affirming, under penalty of law, that 6 |
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118 | 118 | | (A) the applicant is the person described and identified in the 7 |
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119 | 119 | | application; 8 |
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120 | 120 | | (B) all statements made in the application are true and correct; 9 |
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121 | 121 | | (C) the applicant has read and understands the requirements to 10 |
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122 | 122 | | receive a license and the scope of practice of that license type; 11 |
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123 | 123 | | (D) the applicant will comply with the requirements to practice 12 |
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124 | 124 | | under the license, including requirements related to discipline and fulfillment 13 |
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125 | 125 | | of continuing education; and 14 |
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126 | 126 | | (E) the applicant is in good standing with the licensing 15 |
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127 | 127 | | authority of 16 |
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128 | 128 | | (i) the jurisdiction that issued the applicant's existing 17 |
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129 | 129 | | license or certificate; and 18 |
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130 | 130 | | (ii) any other jurisdiction of a state, district, or territory 19 |
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131 | 131 | | of the United States that has issued the applicant a license or certificate; 20 |
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132 | 132 | | (3) if the applicant is the spouse of a military servicemember, a copy of 21 |
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133 | 133 | | the marriage certificate; and 22 |
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134 | 134 | | (4) payment of any applicable fees. 23 |
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135 | 135 | | (b) If an applicant meets the requirements of (a) of this section, the department 24 |
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136 | 136 | | shall issue a license to the applicant within 30 days after receipt of the application. The 25 |
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137 | 137 | | department may extend the 30-day period only for the purpose of completing a 26 |
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138 | 138 | | criminal history record check under (d) of this section. If the department cannot issue 27 |
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139 | 139 | | the license within 30 days, the department may issue to the applicant a temporary 28 |
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140 | 140 | | license to practice the profession while the criminal history record check is pending. 29 |
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141 | 141 | | (c) Notwithstanding (d) of this section, a license issued under this section is 30 |
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142 | 142 | | subject to the applicable department or board requirements for that license and for the 31 34-GH1614\A |
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143 | 143 | | HB0158a -5- HB 158 |
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144 | 144 | | New Text Underlined [DELETED TEXT BRACKETED] |
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145 | 145 | | |
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146 | 146 | | practice of the related profession, including renewal dates established under 1 |
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147 | 147 | | AS 08.01.100. 2 |
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148 | 148 | | (d) If the department or applicable board requires that an applicant for a 3 |
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149 | 149 | | professional license submit information related to a criminal history record check, the 4 |
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150 | 150 | | department may require an applicant under this section to meet the same requirements. 5 |
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151 | 151 | | (e) This section does not apply to 6 |
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152 | 152 | | (1) a profession not set out under AS 08.01.010; or 7 |
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153 | 153 | | (2) a profession that is subject to an interstate licensing compact that 8 |
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154 | 154 | | has been entered into by the state. 9 |
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155 | 155 | | (f) In this section, 10 |
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156 | 156 | | (1) "license" has the meaning given in 50 U.S.C. 4025a; 11 |
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157 | 157 | | (2) "licensing authority" has the meaning given under 50 U.S.C. 12 |
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158 | 158 | | 4025a; 13 |
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159 | 159 | | (3) "military orders" has the meaning given under 50 U.S.C. 4025a; 14 |
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160 | 160 | | (4) "military service" has the meaning given under 50 U.S.C. 3911; 15 |
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161 | 161 | | (5) "scope of practice" has the meaning given under 50 U.S.C. 4025a; 16 |
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162 | 162 | | (6) "servicemember" has the meaning given in 50 U.S.C. 3911. 17 |
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163 | 163 | | * Sec. 4. AS 08.13.070 is amended to read: 18 |
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164 | 164 | | Sec. 08.13.070. License required. A person may not 19 |
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165 | 165 | | (1) practice barbering, hairdressing, hair braiding, manicuring, 20 |
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166 | 166 | | esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, 21 |
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167 | 167 | | [TEMPORARY PERMIT,] temporary license under AS 08.01.061, or student permit 22 |
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168 | 168 | | unless exempted under AS 08.13.160(d); 23 |
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169 | 169 | | (2) practice barbering, hairdressing, hair braiding, manicuring, 24 |
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170 | 170 | | esthetics, body piercing, tattooing, or permanent cosmetic coloring except in a shop or 25 |
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171 | 171 | | school licensed under this chapter unless exempted under AS 08.13.160(d) or 26 |
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172 | 172 | | permitted under AS 08.13.160(e); 27 |
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173 | 173 | | (3) open or conduct a school of barbering, hairdressing, manicuring, or 28 |
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174 | 174 | | esthetics without a license; 29 |
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175 | 175 | | (4) teach in a school of barbering, hairdressing, manicuring, or 30 |
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176 | 176 | | esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 31 34-GH1614\A |
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179 | 179 | | |
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180 | 180 | | esthetics without an instructor's license; 1 |
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181 | 181 | | (5) operate a shop in violation of AS 08.13.120; 2 |
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182 | 182 | | (6) permit an employee or other person being supervised who is not 3 |
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183 | 183 | | exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 4 |
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184 | 184 | | manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring 5 |
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185 | 185 | | without a license, [TEMPORARY PERMIT,] temporary license under AS 08.01.061, 6 |
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186 | 186 | | or student permit; 7 |
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187 | 187 | | (7) permit the use of the person's license, [TEMPORARY PERMIT,] 8 |
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188 | 188 | | temporary license under AS 08.01.061, or student permit by another person; 9 |
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189 | 189 | | (8) obtain or attempt to obtain a license, [TEMPORARY PERMIT,] 10 |
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190 | 190 | | temporary license under AS 08.01.061, or student permit by fraudulent means. 11 |
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191 | 191 | | * Sec. 5. AS 08.13.120(b) is amended to read: 12 |
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192 | 192 | | (b) The regulations adopted under (a) of this section must include provisions 13 |
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193 | 193 | | under which the board may issue a temporary shop license to a person who has a 14 |
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194 | 194 | | license or temporary license under AS 08.01.061 [PERMIT UNDER THIS 15 |
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195 | 195 | | CHAPTER] to practice tattooing, permanent cosmetic coloring, or body piercing. The 16 |
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196 | 196 | | temporary shop license authorized under this subsection may only be issued to cover a 17 |
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197 | 197 | | site where the practitioner intends to hold a workshop or to demonstrate techniques as 18 |
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198 | 198 | | part of a convention or other special event, as defined by the board, that includes other 19 |
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199 | 199 | | practitioners of tattooing, permanent cosmetic coloring, or body piercing. Each 20 |
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200 | 200 | | practitioner of tattooing, permanent cosmetic coloring, or body piercing who holds a 21 |
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201 | 201 | | workshop or demonstrates techniques at a convention or special event shall have a 22 |
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202 | 202 | | separate temporary shop license and a license or temporary license under 23 |
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203 | 203 | | AS 08.01.061 [PERMIT UNDER THIS CHAPTER] to practice tattooing, permanent 24 |
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204 | 204 | | cosmetic coloring, or body piercing. The board shall issue a temporary shop license 25 |
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205 | 205 | | upon receipt of an application from a practitioner demonstrating compliance with the 26 |
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206 | 206 | | regulations adopted under this section and payment of the appropriate fee; however, 27 |
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207 | 207 | | the temporary shop license may be summarily revoked, without refunding of the fee, if 28 |
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208 | 208 | | the Department of Environmental Conservation determines after an inspection that the 29 |
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209 | 209 | | cleanliness or sanitation conditions at the site covered by the temporary shop license 30 |
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210 | 210 | | pose a clear and immediate danger to the public health or safety. A licensee may 31 34-GH1614\A |
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213 | 213 | | |
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214 | 214 | | appeal a summary revocation under this subsection to the superior court. 1 |
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215 | 215 | | * Sec. 6. AS 08.13.130(a) is amended to read: 2 |
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216 | 216 | | (a) A practitioner shall display the practitioner's license in a conspicuous 3 |
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217 | 217 | | location in the practitioner's place of business. Each shop owner is responsible for the 4 |
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218 | 218 | | conspicuous display of the shop's license and the licenses of employees and 5 |
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219 | 219 | | individuals renting booths in the shop. A person holding a student permit or [,] 6 |
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220 | 220 | | temporary license under AS 08.01.061 [, OR TEMPORARY PERMIT] shall display 7 |
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221 | 221 | | the permit or license in a conspicuous location in the school in which the person is 8 |
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222 | 222 | | enrolled or the shop in which the person works. The school or shop owner is 9 |
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223 | 223 | | responsible for the display of a permit or license for each enrolled student, apprentice, 10 |
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224 | 224 | | or temporary license holder. 11 |
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225 | 225 | | * Sec. 7. AS 08.13.150 is amended to read: 12 |
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226 | 226 | | Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 13 |
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227 | 227 | | or permit. The board may, in addition to the actions authorized under AS 08.01.075, 14 |
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228 | 228 | | refuse, suspend, or revoke a license, temporary shop license, student permit, or 15 |
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229 | 229 | | temporary license under AS 08.01.061 [, OR TEMPORARY PERMIT] for failure to 16 |
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230 | 230 | | comply with this chapter, with a regulation adopted under this chapter, with a 17 |
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231 | 231 | | regulation adopted by the Department of Environmental Conservation under 18 |
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232 | 232 | | AS 44.46.020, or with an order of the board. 19 |
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233 | 233 | | * Sec. 8. AS 08.13.175 is amended to read: 20 |
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234 | 234 | | Sec. 08.13.175. Temporary license. A person who receives a temporary 21 |
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235 | 235 | | license under AS 08.01.061 must work [MEETS THE REQUIREMENTS OF 22 |
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236 | 236 | | AS 08.13.080(a)(1), (2), (3), (4), OR (6) IS ENTITLED TO BE TEMPORARILY 23 |
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237 | 237 | | LICENSED AFTER APPLYING FOR EXAMINATION UNDER THIS CHAPTER 24 |
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238 | 238 | | IF THE APPLICANT WORKS] under the direct supervision, and within the physical 25 |
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239 | 239 | | presence, of a person who is licensed under this chapter. [IN THE AREA OF 26 |
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240 | 240 | | PRACTICE FOR WHICH THE APPLICANT HAS APPLIED FOR 27 |
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241 | 241 | | EXAMINATION. A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS 28 |
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242 | 242 | | VALID FOR 120 DAYS AND IS NONRENEWABLE. A PERSON MAY NOT 29 |
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243 | 243 | | RECEIVE MORE THAN ONE TEMPORARY LICENSE FOR EACH AREA OF 30 |
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244 | 244 | | PRACTICE LICENSED UNDER THIS CHAPTER. AN APPLICATION FOR A 31 34-GH1614\A |
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247 | 247 | | |
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248 | 248 | | TEMPORARY LICENSE MUST BE SIGNED BY THE SUPERVISING LICENSEE 1 |
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249 | 249 | | AND ACCOMPANIED BY THE TEMPORARY LICENSE FEE REQUIRED 2 |
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250 | 250 | | UNDER AS 08.13.185.] 3 |
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251 | 251 | | * Sec. 9. AS 08.13.185(a) is amended to read: 4 |
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252 | 252 | | (a) The Department of Commerce, Community, and Economic Development 5 |
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253 | 253 | | shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 6 |
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254 | 254 | | (1) schools; 7 |
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255 | 255 | | (2) school owners; 8 |
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256 | 256 | | (3) instructor; 9 |
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257 | 257 | | (4) shop owner; 10 |
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258 | 258 | | (5) practitioner of barbering; 11 |
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259 | 259 | | (6) practitioner of hairdressing; 12 |
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260 | 260 | | (7) practitioner of manicuring; 13 |
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261 | 261 | | (8) practitioner of esthetics; 14 |
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262 | 262 | | (9) practitioner of tattooing; 15 |
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263 | 263 | | (10) practitioner of body piercing; 16 |
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264 | 264 | | (11) temporary shop license; 17 |
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265 | 265 | | (12) [TEMPORARY PERMIT; 18 |
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266 | 266 | | (13)] temporary license; 19 |
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267 | 267 | | (13) [(14)] student permit; 20 |
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268 | 268 | | (14) [(15)] endorsement for advanced manicuring; 21 |
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269 | 269 | | (15) [(16)] practitioner of hair braiding; 22 |
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270 | 270 | | (16) [(17)] practitioner of permanent cosmetic coloring; 23 |
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271 | 271 | | (17) [(18)] practitioner of non-chemical barbering. 24 |
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272 | 272 | | * Sec. 10. AS 08.13.190 is amended to read: 25 |
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273 | 273 | | Sec. 08.13.190. Failure to possess a license or permit. (a) A person who 26 |
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274 | 274 | | practices barbering, hairdressing, hair braiding, esthetics, tattooing, permanent 27 |
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275 | 275 | | cosmetic coloring, or body piercing, or operates a shop, or operates a school of 28 |
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276 | 276 | | barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, 29 |
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277 | 277 | | or esthetics, without a license, [TEMPORARY PERMIT,] temporary license under 30 |
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278 | 278 | | AS 08.01.061, or student permit and who is not exempt under AS 08.13.120 or under 31 34-GH1614\A |
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281 | 281 | | |
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282 | 282 | | AS 08.13.160(d) is guilty of a class B misdemeanor. 1 |
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283 | 283 | | (b) A person who practices manicuring, operates a shop for manicuring, 2 |
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284 | 284 | | operates a school of manicuring, or teaches in a school of manicuring without the 3 |
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285 | 285 | | appropriate license, [TEMPORARY PERMIT,] temporary license under 4 |
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286 | 286 | | AS 08.01.061, or student permit and who is not exempt under AS 08.13.120 or 5 |
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287 | 287 | | 08.13.160(d) is guilty of a violation. 6 |
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288 | 288 | | * Sec. 11. AS 08.20.180(a) is amended to read: 7 |
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289 | 289 | | (a) An applicant for an examination, reexamination, issuance of a temporary 8 |
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290 | 290 | | license [PERMIT] under AS 08.01.061 [AS 08.20.160, ISSUANCE OF A LOCUM 9 |
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291 | 291 | | TENENS PERMIT UNDER AS 08.20.163], issuance of a license by credentials under 10 |
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292 | 292 | | AS 08.20.141, one-time issuance of a retired status license, or initial issuance or 11 |
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293 | 293 | | renewal of an active or inactive license shall pay a fee established under 12 |
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294 | 294 | | AS 08.01.065. 13 |
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295 | 295 | | * Sec. 12. AS 08.36.100 is amended to read: 14 |
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296 | 296 | | Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND 15 |
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297 | 297 | | 08.36.254], a person may not practice, or attempt to practice, dentistry without a 16 |
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298 | 298 | | license. 17 |
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299 | 299 | | * Sec. 13. AS 08.64.279 is amended to read: 18 |
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300 | 300 | | Sec. 08.64.279. Interview for permit or temporary license [PERMITS]. An 19 |
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301 | 301 | | applicant for an intern permit or a temporary license under AS 08.01.061 [, A 20 |
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302 | 302 | | RESIDENT PERMIT, OR A TEMPORARY PERMIT FOR LOCUM TENENS 21 |
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303 | 303 | | PRACTICE] may be interviewed in person by the board, a member of the board, the 22 |
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304 | 304 | | executive secretary of the board, or a person designated for that purpose by the board. 23 |
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305 | 305 | | * Sec. 14. AS 08.64.315 is amended to read: 24 |
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306 | 306 | | Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 25 |
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307 | 307 | | each of the following: 26 |
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308 | 308 | | (1) application; 27 |
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309 | 309 | | (2) license by examination; 28 |
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310 | 310 | | (3) license by endorsement or waiver of examination; 29 |
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311 | 311 | | (4) [TEMPORARY PERMIT; 30 |
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312 | 312 | | (5) LOCUM TENENS PERMIT; 31 34-GH1614\A |
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315 | 315 | | |
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316 | 316 | | (6)] license renewal, active; 1 |
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317 | 317 | | (5) [(7)] license renewal, inactive; 2 |
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318 | 318 | | (6) temporary license under AS 08.01.061; 3 |
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319 | 319 | | (7) [(8)] license by reexamination. 4 |
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320 | 320 | | * Sec. 15. AS 08.68.220 is amended to read: 5 |
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321 | 321 | | Sec. 08.68.220. Fees. The Department of Commerce, Community, and 6 |
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322 | 322 | | Economic Development shall set fees under AS 08.01.065 for each of the following: 7 |
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323 | 323 | | (1) registered nursing: 8 |
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324 | 324 | | (A) application; 9 |
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325 | 325 | | (B) license by examination; 10 |
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326 | 326 | | (C) license by endorsement; 11 |
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327 | 327 | | (D) license renewal; 12 |
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328 | 328 | | (E) temporary license under AS 08.01.061 [PERMIT]; 13 |
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329 | 329 | | (2) practical nursing: 14 |
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330 | 330 | | (A) application; 15 |
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331 | 331 | | (B) license by examination; 16 |
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332 | 332 | | (C) license by endorsement; 17 |
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333 | 333 | | (D) license renewal; 18 |
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334 | 334 | | (E) temporary license under AS 08.01.061 [PERMIT]; 19 |
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335 | 335 | | (3) advanced practice registered nursing: 20 |
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336 | 336 | | (A) application; 21 |
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337 | 337 | | (B) license by certification examination; 22 |
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338 | 338 | | (C) license by endorsement; 23 |
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339 | 339 | | (D) license renewal; 24 |
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340 | 340 | | (E) temporary license under AS 08.01.061 [PERMIT]. 25 |
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341 | 341 | | * Sec. 16. AS 08.68.230(d) is amended to read: 26 |
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342 | 342 | | (d) A person who holds a temporary license under AS 08.01.061 [PERMIT] 27 |
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343 | 343 | | to practice as a licensed practical nurse shall use the title "Temporary Licensed 28 |
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344 | 344 | | Practical Nurse" and the abbreviation "TLPN." 29 |
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345 | 345 | | * Sec. 17. AS 08.84.010(b) is amended to read: 30 |
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346 | 346 | | (b) The board shall control all matters pertaining to the licensing of physical 31 34-GH1614\A |
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347 | 347 | | HB0158a -11- HB 158 |
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348 | 348 | | New Text Underlined [DELETED TEXT BRACKETED] |
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349 | 349 | | |
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350 | 350 | | therapists, physical therapist assistants, occupational therapists, and occupational 1 |
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351 | 351 | | therapy assistants and the practice of physical therapy and the practice of occupational 2 |
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352 | 352 | | therapy under this chapter. The board shall 3 |
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353 | 353 | | (1) pass upon the qualifications of applicants; 4 |
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354 | 354 | | (2) provide for the examination of applicants; 5 |
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355 | 355 | | (3) issue [TEMPORARY PERMITS AND] licenses to persons 6 |
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356 | 356 | | qualified under this chapter; 7 |
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357 | 357 | | (4) suspend, revoke, or refuse to issue or renew a license under 8 |
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358 | 358 | | AS 08.84.120; 9 |
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359 | 359 | | (5) keep a current register listing the name, business address, date, and 10 |
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360 | 360 | | number of the license of each person who is licensed to practice under this chapter; 11 |
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361 | 361 | | (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 12 |
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362 | 362 | | necessary to carry out the purposes of this chapter, including regulations establishing 13 |
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363 | 363 | | qualifications for licensure and renewal of licensure under this chapter. 14 |
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364 | 364 | | * Sec. 18. AS 08.84.050 is amended to read: 15 |
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365 | 365 | | Sec. 08.84.050. Fees. The Department of Commerce, Community, and 16 |
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366 | 366 | | Economic Development shall set fees under AS 08.01.065 for the following: 17 |
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367 | 367 | | (1) application; 18 |
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368 | 368 | | (2) license by examination; 19 |
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369 | 369 | | (3) license by acceptance of credentials; 20 |
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370 | 370 | | (4) renewal; 21 |
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371 | 371 | | (5) temporary license under AS 08.01.061 [PERMIT; 22 |
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372 | 372 | | (6) LIMITED PERMIT]. 23 |
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373 | 373 | | * Sec. 19. AS 08.84.150 is amended to read: 24 |
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374 | 374 | | Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person 25 |
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375 | 375 | | to practice physical therapy without being licensed under this chapter unless the 26 |
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376 | 376 | | person is 27 |
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377 | 377 | | (1) a student in an accredited physical therapy program; 28 |
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378 | 378 | | (2) a graduate of a foreign school of physical therapy fulfilling the 29 |
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379 | 379 | | internship requirement of AS 08.84.032, and then only unless under the continuous 30 |
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380 | 380 | | direction and immediate supervision of a physical therapist; or 31 34-GH1614\A |
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381 | 381 | | HB 158 -12- HB0158a |
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382 | 382 | | New Text Underlined [DELETED TEXT BRACKETED] |
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383 | 383 | | |
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384 | 384 | | (3) issued a temporary license [LIMITED PERMIT] under 1 |
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385 | 385 | | AS 08.01.061 [AS 08.84.075]. 2 |
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386 | 386 | | (b) A person may not provide services that the person describes as 3 |
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387 | 387 | | occupational therapy without being licensed under this chapter unless the person is 4 |
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388 | 388 | | (1) a student in an accredited occupational therapy program or in a 5 |
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389 | 389 | | supervised field work program; 6 |
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390 | 390 | | (2) a graduate of a foreign school of occupational therapy fulfilling the 7 |
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391 | 391 | | internship requirement of AS 08.84.032, and then only unless under the continuous 8 |
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392 | 392 | | direction and immediate supervision of an occupational therapist; 9 |
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393 | 393 | | (3) an occupational therapist or occupational therapy assistant 10 |
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394 | 394 | | employed by the United States government while in the discharge of official duties; 11 |
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395 | 395 | | (4) granted a temporary license [LIMITED PERMIT] under 12 |
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396 | 396 | | AS 08.01.061 [AS 08.84.075]; 13 |
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397 | 397 | | (5) licensed under this title and uses occupational therapy skills in the 14 |
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398 | 398 | | practice of the profession for which the license is issued; or 15 |
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399 | 399 | | (6) employed as a teacher or teacher's aide by an educational 16 |
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400 | 400 | | institution and is required to use occupational therapy skills during the course of 17 |
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401 | 401 | | employment, if 18 |
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402 | 402 | | (A) the occupational therapy skills are used under a program 19 |
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403 | 403 | | implemented by the employer and developed by a licensed occupational 20 |
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404 | 404 | | therapist; 21 |
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405 | 405 | | (B) the employer maintains direct supervision of the person's 22 |
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406 | 406 | | use of occupational therapy skills; and 23 |
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407 | 407 | | (C) the person does not represent to 24 |
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408 | 408 | | (i) be an occupational therapist or occupational therapy 25 |
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409 | 409 | | assistant; and 26 |
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410 | 410 | | (ii) practice occupational therapy. 27 |
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411 | 411 | | * Sec. 20. AS 08.98.120(a) is amended to read: 28 |
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412 | 412 | | (a) A person may not practice veterinary medicine, surgery, or dentistry unless 29 |
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413 | 413 | | the person is licensed as a veterinarian under this chapter or has a temporary license 30 |
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414 | 414 | | [PERMIT ISSUED] under AS 08.01.061 [AS 08.98.186], except that a person may 31 34-GH1614\A |
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415 | 415 | | HB0158a -13- HB 158 |
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416 | 416 | | New Text Underlined [DELETED TEXT BRACKETED] |
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417 | 417 | | |
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418 | 418 | | perform functions authorized by 1 |
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419 | 419 | | (1) regulation of the board if the person is licensed as a veterinary 2 |
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420 | 420 | | technician; or 3 |
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421 | 421 | | (2) a permit issued under AS 08.02.050 if the person is employed by 4 |
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422 | 422 | | an agency that has a permit issued under AS 08.02.050. 5 |
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423 | 423 | | * Sec. 21. AS 08.98.180 is amended to read: 6 |
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424 | 424 | | Sec. 08.98.180. Temporary license. A person who is granted a temporary 7 |
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425 | 425 | | license by the department under AS 08.01.061 must work [MEETS THE 8 |
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426 | 426 | | REQUIREMENTS OF AS 08.98.165(a)(1), (4), AND (5) IS ENTITLED TO BE 9 |
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427 | 427 | | TEMPORARILY LICENSED AFTER APPLYING FOR EXAMINATION IF THE 10 |
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428 | 428 | | PERSON WORKS] under the supervision of a [LICENSED] veterinarian licensed 11 |
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429 | 429 | | under this chapter. [A LICENSE ISSUED UNDER THIS SECTION IS VALID 12 |
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430 | 430 | | UNTIL THE RESULTS OF THE EXAMINATIONS ARE PUBLISHED. A PERSON 13 |
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431 | 431 | | MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE. AN 14 |
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432 | 432 | | APPLICATION FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE 15 |
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433 | 433 | | SUPERVISING VETERINARIAN AND ACCOMPANIED BY THE TEMPORARY 16 |
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434 | 434 | | LICENSE FEE REQUIRED UNDER AS 08.98.190.] 17 |
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435 | 435 | | * Sec. 22. AS 08.98.190 is amended to read: 18 |
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436 | 436 | | Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 19 |
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437 | 437 | | following: 20 |
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438 | 438 | | (1) application; 21 |
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439 | 439 | | (2) examination; 22 |
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440 | 440 | | (3) investigation of credentials; 23 |
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441 | 441 | | (4) license; 24 |
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442 | 442 | | (5) license renewal; 25 |
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443 | 443 | | (6) temporary license under AS 08.01.061 [; 26 |
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444 | 444 | | (7) TEMPORARY PERMIT]. 27 |
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445 | 445 | | * Sec. 23. AS 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020, 08.11.025; 28 |
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446 | 446 | | AS 08.13.170; AS 08.15.030; AS 08.20.160, 08.20.163; AS 08.26.050; AS 08.36.254; 29 |
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447 | 447 | | 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; 30 |
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448 | 448 | | AS 08.68.210; AS 08.70.130; AS 08.80.150, 08.80.155; AS 08.84.065, 08.84.075; 31 34-GH1614\A |
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449 | 449 | | HB 158 -14- HB0158a |
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450 | 450 | | New Text Underlined [DELETED TEXT BRACKETED] |
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451 | 451 | | |
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452 | 452 | | AS 08.86.135, 08.86.166; AS 08.95.125; and AS 08.98.186 are repealed. 1 |
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453 | 453 | | * Sec. 24. 12 AAC 02.956, 12 AAC 02.957, 12 AAC 04.184, 12 AAC 14.135, 12 AAC 2 |
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454 | 454 | | 16.206, 12 AAC 18.108, 12 AAC 19.116, 12 AAC 28.958, 12 AAC 36.112, 12 AAC 40.046, 3 |
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455 | 455 | | 12 AAC 44.312, 12 AAC 48.035, 12 AAC 52.105, 12 AAC 54.130, 12 AAC 54.660, 12 AAC 4 |
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456 | 456 | | 60.032, 12 AAC 62.135, 12 AAC 64.066, 12 AAC 68.043, 12 AAC 70.135, and 12 AAC 5 |
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457 | 457 | | 79.115 are annulled. 6 |
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458 | 458 | | * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 7 |
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459 | 459 | | read: 8 |
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460 | 460 | | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 9 |
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461 | 461 | | Economic Development may adopt regulations necessary to implement the changes made by 10 |
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462 | 462 | | this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 11 |
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463 | 463 | | before the effective date of the law implemented by the regulation. 12 |
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464 | 464 | | * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 13 |
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465 | 465 | | read: 14 |
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466 | 466 | | TRANSITION: SAVINGS CLAUSE. (a) Litigation, hearings, investigations, appeals, 15 |
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467 | 467 | | and other proceedings pending under a law amended or repealed by this Act continue in effect 16 |
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468 | 468 | | and may be continued and completed notwithstanding a transfer or amendment or repeal 17 |
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469 | 469 | | provided for in this Act. 18 |
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470 | 470 | | (b) Certificates, orders, permits, licenses, and regulations issued or adopted under the 19 |
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471 | 471 | | authority of a law amended or repealed by this Act remain in effect for the term issued, or 20 |
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472 | 472 | | until revoked, vacated, or otherwise modified under the provisions of this Act. 21 |
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473 | 473 | | (c) Contracts, rights, liabilities, and obligations created by or under a law amended or 22 |
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474 | 474 | | repealed by this Act, and in effect on the effective date of this Act, remain in effect 23 |
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475 | 475 | | notwithstanding this Act's taking effect. 24 |
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476 | 476 | | * Sec. 27. Sections 3, 25, and 26 of this Act take effect immediately under AS 01.10.070(c). 25 |
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477 | 477 | | * Sec. 28. Except as provided in sec. 27 of this Act, this Act takes effect July 1, 2026. 26 |
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