Bill Summary – FastDemocracy

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                                          HOUSE BILL NO. 15
                       IN THE LEGISLATURE OF THE STATE OF ALASKA
                        THIRTY-SECOND LEGISLATURE - FIRST SESSION
     BY REPRESENTATIVES THOMPSON, Prax, Nelson, McCabe
     Introduced: 2/18/21
     Referred: Labor and Commerce, Education
                                                 A BILL
                                      FOR AN ACT ENTITLED
 "An Act relating to occupational licensing; relating to temporary licenses and permits;
 relating to certification of teachers; and providing for an effective date."
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
  * Section 1. AS 08.01.062 is repealed and reenacted to read:
                Sec. 08.01.062. Temporary licenses and permits. (a) The department shall
        issue to an applicant a temporary license or permit under this section to engage in an
        occupation regulated under this chapter if
                        (1) the applicant
                                (A) is licensed or credentialed to practice the occupation in
                another state or territory of the United States or a foreign country, territory, or
                province that
                                       (i) has requirements for a license or permit to practice
                        the occupation that are substantially equivalent to or greater than the
                        requirements for the occupation under this title; or
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                                        (ii)    authorizes a scope of practice substantially
                        equivalent to the scope of practice of the corresponding license or
                        permit in this state;
                                (B) meets the qualifications and requirements for a license or
                 permit to practice that occupation under this title and resides in a state or
                 territory of the United States or in a foreign country, territory, or province that
                 does not license individuals to practice that occupation;
                                (C)    is awaiting the results of an examination required for
                 licensure in the occupation and meets the remaining qualifications and
                 requirements for licensure in that occupation under this title; or
                                (D) meets the qualifications and requirements for a license or
                 permit to engage in that occupation under this title through military education,
                 training, and service under AS 08.01.064(a) and does not already hold a license
                 or permit to practice that occupation in another jurisdiction as a member of one
                 of the armed forces listed in AS 08.01.064(a)(2);
                        (2) at the time of the application, the applicant is not
                                (A) subject to disciplinary action related to the occupation in
                 another jurisdiction; or
                                (B) the subject of an ongoing review or disciplinary proceeding
                 by the occupation's licensing entity in that jurisdiction;
                        (3)    within the 10 years immediately preceding the date of the
         application, the applicant has not committed an act in another jurisdiction that, at the
         time the act was committed, would have constituted grounds for the denial or
         revocation of a license, certificate, or permit to practice that occupation under this
         title; and
                        (4) the applicable fees are paid.
                 (b) If the department or applicable board requires that an applicant for an
         occupational license or permit undergo a criminal history record check, an applicant
         for a temporary license or permit for that occupation is subject to the same
         requirement. The department may consider an application and grant a temporary
         license or permit before obtaining a result from the criminal history record check. If
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       the department later receives criminal record information that would authorize the
       department or a board to take disciplinary action against a temporary license or permit
       holder, the department or board shall exercise that authority.
              (c) A temporary license or permit issued under this section is valid for 180
       days. An applicant may apply for one 180-day extension, which may be approved at
       the discretion of the department.
              (d) A temporary license or permit issued under this section for an occupation
       regulated under this chapter allows the temporary license or permit holder to
       temporarily practice the occupation for which the license or permit was granted,
       within the scope designated by the department or applicable board.
              (e) The department may extend the 180-day temporary license or permit
       period under (c) of this section for an applicant for a temporary license or permit under
       (a)(1)(D) of this section if the applicant shows that the required occupational training
       period is longer than 180 days.
              (f) The department shall issue a license or permit under this section to an
       active duty member of the armed forces of the United States or a spouse of an active
       duty member of the armed forces of the United States who meets the requirements of
       this section within 30 days after the department receives the person's complete
       application for the license or permit.
  * Sec. 2. AS 08.13.175 is amended to read:
              Sec. 08.13.175. Temporary license. After [A PERSON WHO MEETS THE
       REQUIREMENTS OF AS 08.13.080(a)(1), (2), (3), (4), OR (6) IS ENTITLED TO
       BE TEMPORARILY LICENSED AFTER] applying for examination under this
       chapter, an [IF THE] applicant who receives a temporary license under
       AS 08.01.062 may work only [WORKS] under the direct supervision, and within the
       physical presence, of a person who is licensed in the area of practice for which the
       applicant has applied for examination. [A TEMPORARY LICENSE ISSUED
       UNDER THIS SECTION IS VALID FOR 120 DAYS AND IS NONRENEWABLE.
       A PERSON MAY NOT RECEIVE MORE THAN ONE TEMPORARY LICENSE
       FOR EACH AREA OF PRACTICE LICENSED UNDER THIS CHAPTER. AN
       APPLICATION FOR A TEMPORARY LICENSE MUST BE SIGNED BY THE
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         SUPERVISING LICENSEE AND ACCOMPANIED BY THE TEMPORARY
         LICENSE FEE REQUIRED UNDER AS 08.13.185.]
  * Sec. 3. AS 08.13.190(a) is amended to read:
                (a) A person who practices barbering, hairdressing, hair braiding, esthetics,
         tattooing, permanent cosmetic coloring, or body piercing, or operates a shop, or
         operates a school of barbering, hairdressing, or esthetics, or teaches in a school of
         barbering, hairdressing, or esthetics, without a license, [TEMPORARY PERMIT,]
         temporary license under AS 08.01.062, or student permit and who is not exempt
         under AS 08.13.120 or 08.13.160(d) [UNDER AS 08.13.160(d)] is guilty of a class B
         misdemeanor.
  * Sec. 4. AS 08.20.180(a) is amended to read:
                (a)   An applicant for an examination, reexamination, [ISSUANCE OF A
         TEMPORARY PERMIT UNDER AS 08.20.160, ISSUANCE OF A LOCUM
         TENENS PERMIT UNDER AS 08.20.163,] issuance of a license by credentials under
         AS 08.20.141, one-time issuance of a retired status license, or initial issuance or
         renewal of an active or inactive license shall pay a fee established under
         AS 08.01.065.
  * Sec. 5. AS 08.36.100 is amended to read:
                Sec. 08.36.100. License required. Except as provided in AS 08.36.238 [AND
         08.36.254], a person may not practice, or attempt to practice, dentistry without a
         license.
  * Sec. 6. AS 08.64.279 is amended to read:
                Sec. 08.64.279. Interview for permits. An applicant for an intern permit or [,]
         a resident permit [, OR A TEMPORARY PERMIT FOR LOCUM TENENS
         PRACTICE] may be interviewed in person by the board, a member of the board, the
         executive secretary of the board, or a person designated for that purpose by the board.
  * Sec. 7. AS 08.84.010(b) is amended to read:
                (b) The board shall control all matters pertaining to the licensing of physical
         therapists, physical therapy assistants, occupational therapists, and occupational
         therapy assistants and the practice of physical therapy and the practice of occupational
         therapy. The board shall
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                       (1) pass upon the qualifications of applicants;
                       (2) provide for the examination of applicants;
                       (3)   issue [TEMPORARY PERMITS AND] licenses to persons
       qualified under this chapter;
                       (4)   suspend, revoke, or refuse to issue or renew a license under
       AS 08.84.120;
                       (5) keep a current register listing the name, business address, date, and
       number of the license of each person who is licensed to practice under this chapter;
                       (6) adopt regulations under AS 44.62 (Administrative Procedure Act)
       necessary to carry out the purposes of this chapter including regulations establishing
       qualifications for licensure and renewal of licensure under this chapter.
  * Sec. 8. AS 08.84.150 is amended to read:
              Sec. 08.84.150. License required; exceptions. (a) It is unlawful for a person
       to practice physical therapy without being licensed under this chapter unless the
       person is
                       (1) a student in an accredited physical therapy program;
                       (2) a graduate of a foreign school of physical therapy fulfilling the
       internship requirement of AS 08.84.032, and then only unless under the continuous
       direction and immediate supervision of a physical therapist; or
                       (3)   issued a temporary [LIMITED] permit under AS 08.01.062
       [AS 08.84.075].
              (b)    A person may not provide services that the person describes as
       occupational therapy without being licensed under this chapter unless the person is
                       (1) a student in an accredited occupational therapy program or in a
       supervised field work program;
                       (2) a graduate of a foreign school of occupational therapy fulfilling the
       internship requirement of AS 08.84.032, and then only unless under the continuous
       direction and immediate supervision of an occupational therapist;
                       (3)   an occupational therapist or occupational therapy assistant
       employed by the United States government while in the discharge of official duties;
                       (4)   granted a temporary [LIMITED] permit under AS 08.01.062
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         [AS 08.84.075];
                          (5) licensed under this title and uses occupational therapy skills in the
         practice of the profession for which the license is issued; or
                          (6)   employed as a teacher or teacher's aide by an educational
         institution and is required to use occupational therapy skills during the course of
         employment, if
                                 (A) the occupational therapy skills are used under a program
                implemented by the employer and developed by a licensed occupational
                therapist;
                                 (B) the employer maintains direct supervision of the person's
                use of occupational therapy skills; and
                                 (C) the person does not represent to
                                           (i) be an occupational therapist or occupational therapy
                          assistant; and
                (ii) practice occupational therapy.
  * Sec. 9. AS 08.98.120(a) is amended to read:
                (a) A person may not practice veterinary medicine, surgery, or dentistry unless
         the person is licensed as a veterinarian under this chapter or has a temporary permit
         issued under AS 08.01.062 [AS 08.98.186], except that a person may perform
         functions authorized by
                          (1) regulation of the board if the person is licensed as a veterinary
         technician; or
                          (2) a permit issued under AS 08.02.050 if the person is employed by
         an agency that has a permit issued under AS 08.02.050.
  * Sec. 10. AS 08.98.180 is amended to read:
                Sec. 08.98.180. Temporary license. A person who is granted a temporary
         license by the department under AS 08.01.062 may work only [MEETS THE
         REQUIREMENTS OF AS 08.98.165(a)(1), (4), AND (5) IS ENTITLED TO BE
         TEMPORARILY LICENSED AFTER APPLYING FOR EXAMINATION IF THE
         PERSON WORKS] under the supervision of a licensed veterinarian. [A LICENSE
         ISSUED UNDER THIS SECTION IS VALID UNTIL THE RESULTS OF THE
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         EXAMINATIONS ARE PUBLISHED. A PERSON MAY NOT RECEIVE MORE
         THAN ONE TEMPORARY LICENSE. AN APPLICATION FOR A TEMPORARY
         LICENSE MUST BE SIGNED BY THE SUPERVISING VETERINARIAN AND
         ACCOMPANIED BY THE TEMPORARY LICENSE FEE REQUIRED UNDER
         AS 08.98.190.]
  * Sec. 11. AS 14.20.015 is amended by adding a new subsection to read:
                 (g) The department shall issue a preliminary teacher certificate under this
         section to an active duty member of the armed forces of the United States or a spouse
         of an active duty member of the armed forces of the United States who meets the
         requirements of this section within 30 days after the department receives the person's
         complete application for the preliminary teacher certificate.
  * Sec. 12. AS 08.01.063, 08.01.064(b), 08.01.064(c), 08.01.064(d); AS 08.11.020,
 08.11.025;    AS 08.13.170;     AS 08.15.030;     AS 08.20.160,     08.20.163;   AS 08.26.050;
 AS 08.36.254; AS 08.45.035; AS 08.63.130; AS 08.64.101(b)(2), 08.64.270, 08.64.275;
 AS 08.68.210;     AS 08.70.130;     AS 08.80.150,     08.80.155;    AS 08.84.065,    08.84.075;
 AS 08.86.135, 08.86.166; AS 08.95.125; AS 08.98.186, 08.98.190(6), and 08.98.190(7) are
 repealed.
  * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to
 read:
         TRANSITION: REGULATIONS. The Department of Commerce, Community, and
 Economic Development may adopt regulations necessary to implement the changes made by
 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not
 before the effective date of the law implemented by the regulation.
  * Sec. 14. Section 13 of this Act takes effect immediately under AS 01.10.070(c).
  * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect January 1, 2022.
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Statutes affected: 
HB0015A, AM HB 15, introduced 02/18/2021: 08.01.062, 08.01.064, 08.13.175, 08.13.080, 08.13.185, 08.13.190, 08.13.120, 08.13.160, 08.20.180, 08.20.160, 08.20.163, 08.20.141, 08.01.065, 08.36.100, 08.36.238, 08.36.254, 08.64.279, 08.84.010, 08.84.120, 08.84.150, 08.84.032, 08.84.075, 08.98.120, 08.98.186, 08.02.050, 08.98.180, 08.98.165, 08.98.190, 14.20.015, 08.01.063, 08.11.020, 08.11.025, 08.13.170, 08.15.030, 08.26.050, 08.45.035, 08.63.130, 08.64.101, 08.64.270, 08.64.275, 08.68.210, 08.70.130, 08.80.150, 08.80.155, 08.84.065, 08.86.135, 08.86.166, 08.95.125
HB0015A, AM HB 15, introduced 01/08/2021: 08.01.062, 08.01.064, 08.13.175, 08.13.080, 08.13.185, 08.13.190, 08.13.120, 08.13.160, 08.20.180, 08.20.160, 08.20.163, 08.20.141, 08.01.065, 08.36.100, 08.36.238, 08.36.254, 08.64.279, 08.