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HOUSE BILL NO. 14
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES THOMPSON, Prax, McCabe
Introduced: 2/18/21
Referred: Health and Social Services, Labor and Commerce
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to licensure of nursing professionals; relating to a multistate nurse
2 licensure compact; and providing for an effective date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 08.02.010(a) is amended to read:
5 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech-
6 language pathologist licensed under AS 08.11, a behavior analyst licensed under
7 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a
8 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian
9 or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61,
10 a marital and family therapist licensed under AS 08.63, a medical practitioner or
11 osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a
12 registered nurse licensed under AS 08.68 or AS 08.69 or advanced practice
13 registered nurse under AS 08.68, an optometrist under AS 08.72, a licensed
14 pharmacist under AS 08.80, a physical therapist or occupational therapist licensed
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1 under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed
2 under AS 08.95 [,] shall use as professional identification appropriate letters or a title
3 after that person's name that represents the person's specific field of practice. The
4 letters or title shall appear on all signs, stationery, or other advertising in which the
5 person offers or displays personal professional services to the public. In addition, a
6 person engaged in the practice of medicine or osteopathy as defined in AS 08.64.380,
7 or a person engaged in any manner in the healing arts who diagnoses, treats, tests, or
8 counsels other persons in relation to human health or disease and uses the letters
9 "M.D." or the title "doctor" or "physician" or another title that tends to show that the
10 person is willing or qualified to diagnose, treat, test, or counsel another person, shall
11 clarify the letters or title by adding the appropriate specialist designation, if any, such
12 as "dermatologist," "radiologist," "audiologist," "naturopath," or the like.
13 * Sec. 2. AS 08.11.120(b) is amended to read:
14 (b) Notwithstanding the provisions of this chapter,
15 (1) a nurse licensed under AS 08.68 or AS 08.69 may perform hearing
16 sensitivity evaluations;
17 (2) an individual licensed as a hearing aid dealer under AS 08.55 may
18 deal in hearing aids;
19 (3) an individual holding a class A certificate issued by the Conference
20 of Executives of American Schools of the Deaf may teach the hearing impaired;
21 (4) an individual may engage in the testing of hearing as part of a
22 hearing conservation program that complies with the regulations of the Occupational
23 Safety and Health Administration of the federal government if the individual is
24 certified to do the testing by a state or federal agency acceptable to the Occupational
25 Safety and Health Administration;
26 (5) an individual may perform hearing screening under AS 47.20.310
27 if authorized to do so under a protocol adopted under AS 47.20.310(e) by the
28 Department of Health and Social Services.
29 * Sec. 3. AS 08.68.100 is amended to read:
30 Sec. 08.68.100. Duties and powers of board. (a) The board shall
31 (1) adopt regulations necessary to implement this chapter and
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1 AS 08.69, including regulations
2 (A) pertaining to practice as an advanced practice registered
3 nurse, including requirements for an advanced practice registered nurse to
4 practice as a certified registered nurse anesthetist, certified clinical nurse
5 specialist, certified nurse practitioner, or certified nurse midwife; regulations
6 for an advanced practice registered nurse who holds a valid federal Drug
7 Enforcement Administration registration number must address training in pain
8 management and opioid use and addiction;
9 (B) necessary to implement AS 08.68.331 - 08.68.336 relating
10 to certified nurse aides in order to protect the health, safety, and welfare of
11 clients served by nurse aides;
12 (C) pertaining to retired nurse status; and
13 (D) establishing criteria for approval of practical nurse
14 education programs that are not accredited by a national nursing accrediting
15 body;
16 (2) approve curricula and adopt standards for basic education programs
17 that prepare persons for licensing under AS 08.68.190 and AS 08.69;
18 (3) provide for surveys of the basic nursing education programs in the
19 state at the times it considers necessary;
20 (4) approve education programs that meet the requirements of this
21 chapter and of the board, and deny, revoke, or suspend approval of education
22 programs for failure to meet the requirements;
23 (5) examine, license, and renew the licenses of qualified applicants
24 issued under this chapter and the multistate licenses issued under AS 08.69;
25 (6) prescribe requirements for competence before a former registered,
26 advanced practice registered, or [LICENSED] practical nurse licensed under this
27 chapter may resume the practice of nursing [UNDER THIS CHAPTER];
28 (7) define by regulation the qualifications and duties of the executive
29 administrator and delegate authority to the executive administrator that is necessary to
30 conduct board business and comply with this chapter and AS 08.69;
31 (8) develop reasonable and uniform standards for nursing practice;
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1 (9) publish advisory opinions regarding whether nursing practice
2 procedures or policies comply with acceptable standards of nursing practice as defined
3 under this chapter;
4 (10) require applicants under this chapter and AS 08.69 to submit
5 fingerprints and the fees required by the Department of Public Safety under
6 AS 12.62.160 for criminal justice information and a national criminal history record
7 check; the department shall submit the fingerprints and fees to the Department of
8 Public Safety for a report of criminal justice information under AS 12.62 and a
9 national criminal history record check under AS 12.62.400;
10 (11) require that a licensed advanced practice registered nurse who has
11 a federal Drug Enforcement Administration registration number register with the
12 controlled substance prescription database under AS 17.30.200(n);
13 (12) appoint the executive administrator of the Board of Nursing
14 to serve as the state administrator of the Interstate Commission of Nurse
15 Licensure Compact Administrators under AS 08.69.
16 (b) The board may
17 (1) conduct hearings upon charges of alleged violations of this chapter,
18 AS 08.69, or regulations adopted under this chapter or AS 08.69 [IT];
19 (2) invoke, or request the department to invoke, disciplinary action
20 against a person licensed under this chapter or AS 08.69 [LICENSEE];
21 (3) prescribe requirements for competence to continue practice.
22 * Sec. 4. AS 08.68.140 is amended to read:
23 Sec. 08.68.140. Applicability of Administrative Procedure Act. Except as
24 specified in AS 08.68.333(f) and AS 08.69, the board shall comply with AS 44.62
25 (Administrative Procedure Act).
26 * Sec. 5. AS 08.68.160 is amended to read:
27 Sec. 08.68.160. License required. A person practicing or offering to practice
28 as a registered [, ADVANCED PRACTICE REGISTERED,] or practical nurse
29 [NURSING] in the state shall submit evidence of qualification to practice and shall be
30 licensed under this chapter or AS 08.69. A person practicing or offering to practice
31 as an advanced practice registered nurse in the state shall submit evidence of
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1 qualification to practice and shall be licensed under this chapter.
2 * Sec. 6. AS 08.68.170 is amended to read:
3 Sec. 08.68.170. Qualifications of registered or practical nurse applicants.
4 (a) An applicant for a license to practice registered nursing may obtain a license
5 under this chapter or a multistate license that meets the requirements of this
6 chapter and AS 08.69. An applicant for a license to practice registered nursing
7 under this chapter shall submit to the board, on forms and in the manner prescribed
8 by the board, written evidence, verified by oath, that the applicant has successfully
9 completed a registered nurse education program accredited by a national nursing
10 accrediting body and approved by the board. An applicant for a multistate license to
11 practice registered nursing shall meet the requirements of AS 08.69 in addition to
12 the requirements of this chapter.
13 (b) An applicant for a license to practice practical nursing may obtain a
14 license under this chapter or a multistate license that meets the requirements of
15 this chapter and AS 08.69. An applicant for a license to practice practical nursing
16 under this chapter shall submit to the board, on forms and in the manner prescribed
17 by the board, written evidence, verified by oath, that the applicant has successfully
18 completed
19 (1) a practical nurse education program accredited by a national
20 nursing accrediting body;
21 (2) a practical nurse education program that meets the criteria
22 established by the board under AS 08.68.100; or
23 (3) a registered nurse education program accredited by a national
24 nursing accrediting body and approved by the board and, if the applicant has failed the
25 registered nurse licensing examination, a practical nurse scope of practice course
26 approved by the board.
27 (c) An applicant for a license to practice advanced practice registered nursing
28 shall submit to the board, on forms and in the manner prescribed by the board, written
29 evidence, verified by oath, that the applicant
30 (1) is licensed as a registered nurse in the state or is a licensed
31 registered nurse whose license meets the requirements of AS 08.69; and
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1 (2) has successfully completed an advanced practice registered nurse
2 education program that meets the criteria established by the board under
3 AS 08.68.100.
4 * Sec. 7. AS 08.68.190(b) is amended to read:
5 (b) If an applicant applies for a license to practice in this state and meets
6 the qualifications under [SET OUT IN] AS 08.68.170 for the license for which the
7 applicant applied, the board shall issue a license to practice
8 (1) registered or practical nursing in the state to an applicant who
9 passes the licensing examination to practice registered or practical nursing; or
10 (2) advanced practice registered nursing in the state to an applicant
11 who passes the advanced practice registered nursing certification examination to
12 practice advanced practice registered nursing.
13 * Sec. 8. AS 08.68.190 is amended by adding a new subsection to read:
14 (c) If an applicant applies for a multistate license and meets the qualifications
15 under AS 08.68.170 and AS 08.69 for the license for which the applicant applied, the
16 board shall issue a multistate license to practice registered or practical nursing to an
17 applicant who passes the licensing examination to practice registered or practical
18 nursing.
19 * Sec. 9. AS 08.68.200 is amended to read:
20 Sec. 08.68.200. License by endorsement. (a) The board may issue a license
21 by endorsement to practice in the state as a registered, advanced practice registered,
22 or practical nurse, whichever is appropriate, to an applicant who has worked as a nurse
23 within the past five years if the applicant is licensed as a registered, advanced practice
24 registered, or practical nurse under the laws of another state if, in the opinion of the
25 board, the applicant meets the qualifications required for licensing in the state and
26 meets the requirements of AS 08.68.170.
27 (b) The board may issue a license by endorsement to practice in the state as a
28 registered, advanced practice registered, or practical nurse, whichever is appropriate,
29 to an applicant who has not worked as a nurse within the past five years if the
30 applicant meets the requirements of (a) of this section and
31 (1) meets the continuing competency requirements of the board; or
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1 (2) completes a course of study approved by the board.
2 * Sec. 10. AS 08.68.220 is amended to read:
3 Sec. 08.68.220. Fees. The Department of Commerce, Community, and
4 Economic Development shall set fees under AS 08.01.065 for each of the following:
5 (1) registered nursing licenses issued under this chapter or
6 AS 08.69:
7 (A) application;
8 (B) license by examination;
9 (C) license by endorsement;
10 (D) license renewal;
11 (E) temporary permit;
12 (2) practical nursing licenses issued under this chapter or AS 08.69:
13 (A) application;
14 (B) license by examination;
15 (C) license by endorsement;
16 (D) license renewal;
17 (E) temporary permit;
18 (3) advanced practice registered nursing licenses issued for practice
19 in the state:
20 (A) application;
21 (B) license by certification examination;
22 (C) license by endorsement;
23 (D) license renewal;
24 (E) temporary permit.
25 * Sec. 11. AS 08.68.230(a) is amended to read:
26 (a) A person who holds a license [LICENSED] to practice registered nursing
27 in the state or who holds a multistate license under AS 08.69 may use the title
28 "registered nurse " and the abbreviation "R.N." ["R.N".]
29 * Sec. 12. AS 08.68.230(b) is amended to read:
30 (b) A person who holds a license [LICENSED] to practice practical nursing
31 in the state or who holds a multistate license under AS 08.69 may use the title
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