Title 8. Business and Professions.

Chapter 01. Centralized Licensing.

Sec. 08.01.010. Applicability of chapter.
This chapter applies to the
     (1) Board of Public Accountancy (AS 08.04.010);

     (2) regulation of acupuncturists under AS 08.06;

     (3) State Board of Registration for Architects, Engineers, and Land Surveyors (AS 08.48.011);

     (4) Athletic Commission (AS 05.05 and AS 05.10);

     (5) regulation of athletic trainers under AS 08.07;

     (6) regulation of audiologists and speech-language pathologists under AS 08.11;

     (7) Board of Barbers and Hairdressers (AS 08.13.010);

     (8) regulation of behavior analysts under AS 08.15;

     (9) Big Game Commercial Services Board (AS 08.54.591);

     (10) regulation of business licenses under AS 43.70;

     (11) Board of Chiropractic Examiners (AS 08.20.010);

     (12) regulation of collection agencies under AS 08.24;

     (13) regulation of concert promoters under AS 08.92;

     (14) regulation of construction contractors and home inspectors under AS 08.18;

     (15) Board of Dental Examiners (AS 08.36.010);

     (16) regulation of dietitians and nutritionists under AS 08.38;

     (17) Board of Certified Direct-Entry Midwives (AS 08.65.010);

     (18) regulation of dispensing opticians under AS 08.71;

     (19) regulation of electrical and mechanical administrators under AS 08.40;

     (20) regulation of agencies that perform euthanasia services under AS 08.02.050;

     (21) regulation of professional geologists under AS 08.02.011;

     (22) regulation of private professional guardians and private professional conservators (AS 08.26);

     (23) regulation of hearing aid dealers under AS 08.55;

     (24) Board of Marine Pilots (AS 08.62.010);

     (25) Board of Marital and Family Therapy (AS 08.63.010);

     (26) Board of Massage Therapists (AS 08.61.010);

     (27) State Medical Board (AS 08.64.010);

     (28) regulation of morticians under AS 08.42;

     (29) regulation of the practice of naturopathy under AS 08.45;

     (30) Board of Nursing (AS 08.68.010);

     (31) regulation of nursing home administrators under AS 08.70;

     (32) Board of Examiners in Optometry (AS 08.72.010);

     (33) regulation of pawnbrokers (AS 08.76.100 — 08.76.590);

     (34) Board of Pharmacy (AS 08.80.010);

     (35) State Physical Therapy and Occupational Therapy Board (AS 08.84.010);

     (36) Board of Professional Counselors (AS 08.29.010);

     (37) Board of Psychologist and Psychological Associate Examiners (AS 08.86.010);

     (38) Real Estate Commission (AS 08.88.011);

     (39) Board of Certified Real Estate Appraisers (AS 08.87.010);

     (40) Board of Social Work Examiners (AS 08.95.010);

     (41) Board of Veterinary Examiners (AS 08.98.010).




Sec. 08.01.020. Board organization.
Board members are appointed by the governor and serve at the pleasure of the governor. Unless otherwise provided, the governor may designate the chair of a board, and all other officers shall be elected by the board members. Unless otherwise provided, officers of a board are the chair and the secretary. A board may provide by regulation that three or more unexcused absences from meetings are cause for removal.


Sec. 08.01.025. Public members.
A public member of a board may not
     (1) be engaged in the occupation that the board regulates;

     (2) be associated by legal contract with a member of the occupation that the board regulates except as a consumer of the services provided by a practitioner of the occupation; or

     (3) have a direct financial interest in the occupation that the board regulates.




Sec. 08.01.030. Quorum.
A majority of the membership of a board constitutes a quorum unless otherwise provided.


Sec. 08.01.035. Appointments and terms.
Members of boards subject to this chapter are appointed for staggered terms of four years. Except as provided in AS 39.05.080(4), a member of a board serves until a successor is appointed. Except as provided in AS 39.05.080(4), an appointment to fill a vacancy on a board is for the remainder of the unexpired term. A member who has served all or part of two successive terms on a board may not be reappointed to that board unless four years have elapsed since the person has last served on the board.


Sec. 08.01.040. Transportation and per diem.
A board member is entitled to transportation expenses and per diem as set out in AS 39.20.180.


Sec. 08.01.050. Administrative duties of department.
 (a) The department shall perform the following administrative and budgetary services when appropriate:
     (1) collect and record fees;

     (2) maintain records and files;

     (3) issue and receive application forms;

     (4) notify applicants of acceptance or rejection as determined by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as determined by the department under applicable law;

     (5) designate dates examinations are to be held and notify applicants;

     (6) publish notice of examinations and proceedings;

     (7) arrange space for holding examinations and proceedings;

     (8) notify applicants of results of examinations;

     (9) issue licenses or temporary licenses as authorized by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as authorized by the department under applicable law;

     (10) issue duplicate licenses upon submission of a written request by the licensee attesting to loss of or the failure to receive the original and payment by the licensee of a fee established by regulation adopted by the department;

     (11) notify licensees of renewal dates at least 30 days before the expiration date of their licenses;

     (12) compile and maintain a current register of licensees;

     (13) answer routine inquiries;

     (14) maintain files relating to individual licensees;

     (15) arrange for printing and advertising;

     (16) purchase supplies;

     (17) employ additional help when needed;

     (18) perform other services that may be requested by the board;

     (19) provide inspection, enforcement, and investigative services to the boards and for the occupations listed in AS 08.01.010 regarding all licenses issued by or through the department;

     (20) retain and safeguard the official seal of a board and prepare, sign, and affix a board seal, as appropriate, for licenses approved by a board;

     (21) issue business licenses under AS 43.70.

 (b) The form and content of a license, authorized by a board listed in AS 08.01.010, including any document evidencing renewal of a license, shall be determined by the department after consultation with and consideration of the views of the board concerned.

 (c) [Repealed, § 49 ch 94 SLA 1987.]
 (d) At the request of one of the following boards, the department may contract with public agencies and private professional organizations to provide assistance and treatment to persons licensed by the board who abuse alcohol, other drugs, or other substances:
     (1) Board of Social Work Examiners;

     (2) Board of Dental Examiners;

     (3) Board of Marital and Family Therapy;

     (4) State Medical Board;

     (5) Board of Nursing;

     (6) Board of Examiners in Optometry;

     (7) Board of Pharmacy;

     (8) State Physical Therapy and Occupational Therapy Board;

     (9) Board of Professional Counselors;

     (10) Board of Psychologist and Psychological Associate Examiners; and

     (11) Board of Veterinary Examiners.




Sec. 08.01.060. Application for license.
 (a) All applications for examination or licensing to engage in the business or profession covered by this chapter shall be made in writing to the department.

 (b) If the applicant is a natural person, the application must require that the applicant submit the applicant’s social security number to the department. Notwithstanding any other provision of this title, a license to engage in a profession may not be issued by the department to a natural person unless the social security number has been provided to the department.




Sec. 08.01.062. Courtesy licenses.
 (a) A board established under this title and the Department of Commerce, Community, and Economic Development, with respect to an occupation that it regulates under this title, may by regulation establish criteria for issuing a temporary courtesy license to nonresidents who enter the state so that, on a temporary basis, they may practice the occupation regulated by the board or the department.

 (b) The regulations adopted under (a) of this section may include limitations relating to the
     (1) duration of the license’s validity;

     (2) scope of practice allowed under the license; and

     (3) other matters considered important by the board or the department.




Sec. 08.01.063. Military courtesy licenses.
 (a) Except as provided in (d) of this section, and notwithstanding another provision of law, the department or appropriate board may issue a temporary courtesy license to the spouse of an active duty member of the armed forces of the United States if the spouse applies to the department or appropriate board in the manner prescribed by the department or appropriate board. An application must include evidence satisfactory to the department or appropriate board that the applicant
     (1) is married to and living with a member of the armed forces of the United States who is on active duty and assigned to a duty station in this state under official active duty military orders;

     (2) holds a current license or certificate in another state, district, or territory of the United States with requirements that the department or appropriate board determines are equivalent to those established under this title for that occupation;

     (3) if required by the department or appropriate board for obtaining a license in the applicant’s profession, has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;

     (4) has not committed an act in any jurisdiction that would have constituted grounds for the refusal, suspension, or revocation of a license or certificate to practice that occupation under this title at the time the act was committed;

     (5) has not been disciplined by a licensing or credentialing entity in another jurisdiction and is not the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing or credentialing entity in another jurisdiction; and

     (6) pays any fees required under this title.

 (b) The department or appropriate board shall expedite the procedure for issuance of a license under (a) of this section.

 (c) A temporary courtesy license issued under this section is valid for 180 days and may be extended at the discretion of the department or appropriate board for one additional 180-day period, on application of the holder of the temporary courtesy license.

 (d) This section does not apply to the practice of law or the regulation of attorneys under AS 08.08.




Sec. 08.01.064. Military education, training, and service credit; temporary license.
 (a) Notwithstanding another provision of law, the department or applicable board shall accept military education, training, and service for some or all of the qualifications otherwise required of an applicant for a license or certificate issued under this chapter if
     (1) the department or applicable board determines that the military education, training, and service is substantially equivalent to some or all of the qualifications otherwise required of an applicant for a license or certificate issued under this chapter; and

     (2) the applicant provides satisfactory evidence of successful completion of the education, training, or service as a member of the armed forces of the United States, the United States Reserves, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state.

 (b) If the department issues temporary licenses or certificates as authorized by the department or applicable board under AS 08.01.050(a)(9), the department or applicable board shall issue a temporary license or certificate to a person who
     (1) applies to the department or applicable board in a manner prescribed by the department or board;

     (2) meets the requirements in AS 08.01.063(a)(3) — (6); and

     (3) while in the armed forces of the United States or any state, as described in (a) of this section,
          (A) held a current license or certificate in another state, district, or territory of the United States, practiced in the area of the license or certificate, and maintained the license or certificate in active status before and at the time of application for a license or certificate under this subsection; or

          (B) was awarded a degree, diploma, or certificate by a branch of the armed forces of the United States or any state, as described in (a) of this section, that met standards for an equivalent license or a certificate of technical training.

 (c) The department or applicable board shall expedite the procedure for issuance of a license or certificate under (b) of this section for an applicant who is on active duty.

 (d) A license or certificate issued under (b) of this section is valid for 180 days and may be extended at the discretion of the department or applicable board for one additional 180-day period if the holder of the license or certificate applies for an extension on a form approved by the department or applicable board.

 (e) The department or applicable board may adopt regulations necessary to implement this section.




Sec. 08.01.065. Establishment of fees.
 (a) Except for business licenses, the department shall adopt regulations that establish the amount and manner of payment of application fees, examination fees, license fees, registration fees, permit fees, investigation fees, and all other fees as appropriate for the occupations covered by this chapter.

 (b) [Repealed, § 4 ch 34 SLA 1992.]
 (c) Except as provided in (f) — (i) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected for an occupation approximately equals the actual regulatory costs for the occupation. The department shall annually review each fee level to determine whether the regulatory costs of each occupation are approximately equal to fee collections related to that occupation. If the review indicates that an occupation’s fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments and adopt regulations under (a) of this section to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. If a board regulates an occupation covered by this chapter, the department shall consider the board’s recommendations concerning the occupation’s fee levels and regulatory costs before revising fee schedules to comply with this subsection. In this subsection, “regulatory costs” means costs of the department that are attributable to regulation of an occupation plus
     (1) all expenses of the board that regulates the occupation if the board regulates only one occupation;

     (2) the expenses of a board that are attributable to the occupation if the board regulates more than one occupation.

 (d) The license fee for a business license is set by AS 43.70.030(a). The department shall adopt regulations that establish the manner of payment of the license fee.

 (e) [Repealed, § 28 ch 90 SLA 1991.]
 (f) Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the State Board of Registration for Architects, Engineers, and Land Surveyors approximately equals the total regulatory costs of the department and the board for all occupations regulated by the board. The department shall set the fee levels for the issuance and renewal of a certificate of registration issued under AS 08.48.211 so that the fee levels are the same for all occupations regulated by the board.

 (g) Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the department for all occupations regulated under AS 08.11 approximately equals the total regulatory costs of the department for all occupations regulated by the department under AS 08.11. The department shall set the fee levels for the issuance and renewal of licenses issued under AS 08.11 so that the fee levels are the same for all occupations regulated by the department under AS 08.11.

 (h) Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the Board of Barbers and Hairdressers approximately equals the total regulatory costs of the department, the board, and the Department of Environmental Conservation for all occupations regulated by the board. For purposes of this subsection, the regulatory costs of the Department of Environmental Conservation for the occupations regulated by the board include the cost of inspections under AS 08.13.210(b), the cost of developing and adopting regulations under AS 44.46.020 for barbershop, hairdressing, manicuring, esthetics, body piercing, ear piercing, and tattooing and permanent cosmetic coloring establishments, and the cost to the Department of Environmental Conservation of enforcing those regulations except for the enforcement costs relating to ear piercing establishments. The department shall set the fee levels for the issuance and renewal of a practitioner’s license issued under AS 08.13.100 so that the license and license renewal fees are the same for all occupations regulated by the Board of Barbers and Hairdressers.

 (i) Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the Department of Commerce, Community, and Economic Development for specialty contractors, home inspectors, and associate home inspectors approximately equals the total regulatory costs of the department for those three registration categories. The department shall set the fee levels for the issuance and renewal of a certificate of registration issued under AS 08.18 so that the fee levels are the same for all three of these registration categories and so that the fee level for a home inspector with a joint registration is not different from the fee level for a home inspector who does not have a joint registration. In this subsection, “joint registration” has the meaning given in AS 08.18.171.




Sec. 08.01.070. Administrative duties of boards.
Each board shall perform the following duties in addition to those provided in its respective law:
     (1) take minutes and records of all proceedings;

     (2) hold a minimum of one meeting each year;

     (3) hold at least one examination each year;

     (4) request, through the department, investigation of violations of its laws and regulations;

     (5) prepare and grade board examinations;

     (6) set minimum qualifications for applicants for examination and license and may establish a waiver of continuing education requirements for renewal of a license for the period in which a licensee is engaged in active duty military service as described under AS 08.01.100(f);

     (7) forward a draft of the minutes of proceedings to the department within 20 days after the proceedings;

     (8) forward results of board examinations to the department within 20 days after the examination is given;

     (9) notify the department of meeting dates and agenda items at least 15 days before meetings and other proceedings are held;

     (10) submit before the end of the fiscal year an annual performance report to the department stating the board’s accomplishments, activities, and needs.




Sec. 08.01.075. Disciplinary powers of boards.
 (a) A board may take the following disciplinary actions, singly or in combination:
     (1) permanently revoke a license;

     (2) suspend a license for a specified period;

     (3) censure or reprimand a licensee;

     (4) impose limitations or conditions on the professional practice of a licensee;

     (5) require a licensee to submit to peer review;

     (6) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;

     (7) impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation;

     (8) impose a civil fine not to exceed $5,000.

 (b) A board may withdraw probationary status if the deficiencies that required the sanction are remedied.

 (c) A board may summarily suspend a licensee from the practice of the profession before a final hearing is held or during an appeal if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the board on an appeal of a summary suspension to a court of competent jurisdiction.

 (d) A board may reinstate a suspended or revoked license if, after a hearing, the board finds that the applicant is able to practice the profession with skill and safety.

 (e) A board may accept the voluntary surrender of a license. A license may not be returned unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fee.

 (f) A board shall seek consistency in the application of disciplinary sanctions. A board shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.




Sec. 08.01.077. Conviction as grounds for disciplinary action.
Notwithstanding any other provision of this title, the conviction under AS 47.24.010 of a person licensed, certified, or regulated by the department or a board under this title may be considered by the department or board as grounds for disciplinary proceedings or sanctions.


Sec. 08.01.080. Department regulations.
The department shall adopt regulations to carry out the purposes of this chapter including but not limited to describing
     (1) how an examination is to be conducted;

     (2) what is contained in application forms;

     (3) how a person applies for an examination or license.




Sec. 08.01.087. Investigative and enforcement powers of department.
 (a) The department may, upon its own motion, conduct investigations to
     (1) determine whether a person has violated a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010; or

     (2) secure information useful in the administration of this chapter.

 (b) If it appears to the commissioner that a person has engaged in or is about to engage in an act or practice in violation of a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010, the commissioner may, if the commissioner considers it in the public interest, and after notification of a proposed order or action by telephone, telegraph, or facsimile to all board members, if a board regulates the act or practice involved, unless a majority of the members of the board object within 10 days,
     (1) issue an order directing the person to stop the act or practice; however, reasonable notice of and an opportunity for a hearing must first be given to the person, except that the commissioner may issue a temporary order before a hearing is held; a temporary order remains in effect until a final order affirming, modifying, or reversing the temporary order is issued or until 15 days after the person receives the notice and has not requested a hearing by that time; a temporary order becomes final if the person to whom the notice is addressed does not request a hearing within 15 days after receiving the notice; the office of administrative hearings (AS 44.64.010) shall conduct the hearing and shall issue a proposed decision within 10 days after the hearing; the commissioner shall issue a final order within five days after the proposed decision is issued;

     (2) bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, a regulation adopted under it, an order issued under it, or with a provision of this title or regulation adopted under this title dealing with business licenses or an occupation or board listed in AS 08.01.010;

     (3) examine or have examined the books and records of a person whose business activities require a business license or licensure by a board listed in AS 08.01.010, or whose occupation is listed in AS 08.01.010; the commissioner may require the person to pay the reasonable costs of the examination; and

     (4) issue subpoenas for the attendance of witnesses, and the production of books, records, and other documents.

 (c) Under procedures and standards of operation established by the department by regulation, and with the agreement of the appropriate agency, the department may designate appropriate state or municipal agencies to investigate reports of abuse, neglect, or misappropriation of property by certified nurse aides.




Sec. 08.01.088. [Renumbered as AS 08.01.077.]
Sec. 08.01.089. Copies of records for child support purposes.
If a copy of a public record concerning an individual who owes or is owed child support that is prepared or maintained by the department is requested by the child support services agency created in AS 25.27.010 or a child support enforcement agency of another state, the department shall provide the requesting agency with a certified copy of the public record, including the individual’s social security number. If these records are prepared or maintained by the department in an electronic data base, the records may be supplied by providing the requesting agency with a copy of the electronic record and a statement certifying its contents. A requesting agency receiving information under this section may use it only for child support purposes authorized under law.


Sec. 08.01.090. Applicability of the Administrative Procedure Act.
The Administrative Procedure Act (AS 44.62) applies to regulations adopted and proceedings held under this chapter, except those under AS 08.01.087(b) and actions taken under AS 08.68.333(c).


Sec. 08.01.100. License renewal, lapse, and reinstatement.
 (a) Licenses shall be renewed biennially on the dates set by the department with the approval of the respective board.

 (b) A license subject to renewal shall be renewed on or before the date set by the department. If the license is not renewed by the date set by the department, the license lapses. In addition to renewal fees required for reinstatement of the lapsed license, the department may impose a delayed renewal penalty, established by regulation, that shall be paid before a license that has been lapsed for more than 60 days may be renewed. The department may adopt a delayed renewal penalty only with the concurrence of the appropriate board.

 (c) Except as provided in (f) of this section, when continuing education or other requirements are made a condition of license renewal, the requirements shall be satisfied before a license is renewed.

 (d) Except as otherwise provided, a license may not be renewed if it has been lapsed for five years or more.

 (e) Notwithstanding any other provision of this title, a renewal of a license may not be issued by the department to a natural person unless the licensee’s social security number has been provided to the department.

 (f) The department may establish and implement a waiver of continuing education requirements for renewal of a license regulated by the department and a board may establish and implement a waiver of continuing education requirements for renewal of a license regulated by the board for the period in which a licensee is engaged in active duty military service in the armed forces of the United States.

 (g) A member of the armed forces of the United States on active duty in a combat zone, danger pay post, or qualified hazardous duty area, who is a licensee under this title in good standing at the time of the licensee’s active duty order is exempt from any fees or other requirements to maintain that license or good standing while the licensee is in that zone, at that post, or in that area. This exemption is valid for 180 days after returning to the licensee’s permanent duty station, if the licensee does not engage in licensed practice for profit in the private sector. The licensee shall pay fees and meet all other requirements for the license period beginning after the exemption ends. In this subsection,
     (1) “combat zone” has the meaning given in 26 U.S.C. 112(c)(2) (Internal Revenue Code);

     (2) “danger pay post” means a post so designated by the United States Secretary of State in the Department of State Standardized Regulations for purposes of danger pay under 5 U.S.C. 5928;

     (3) “qualified hazardous duty area” means an area that, during the applicant’s deployment, is treated as if it were a combat zone for purposes of a federal tax exemption under 26 U.S.C. 112 (Internal Revenue Code).




Sec. 08.01.102. Citation for unlicensed practice or activity.
The department may issue a citation for a violation of a license requirement under this chapter, except a requirement to have a license under AS 43.70, if there is probable cause to believe a person has practiced a profession or engaged in business for which a license is required without holding the license. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation. A citation issued under this section must comply with the standards adopted under AS 12.25.175 — 12.25.230.


Sec. 08.01.103. Procedure and form of citation.
 (a) A person receiving the citation issued under AS 08.01.102 is not required to sign a notice to appear in court.

 (b) The time specified in the notice to appear on a citation issued under AS 08.01.102 shall be at least five working days after the issuance of the citation.

 (c) The department is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department.

 (d) On or before the 10th working day after the issuance of a citation, the department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of a citation, copies of it, or the record of its issuance except as required under this subsection and (e) of this section.

 (e) The department shall require the return of a copy of every citation issued by the department and all copies of a citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with each citation, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.

 (f) A citation issued under AS 08.01.102 is considered to be a lawful complaint for the purpose of prosecution.




Sec. 08.01.104. Failure to obey citation.
Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under AS 08.01.102, regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.


Sec. 08.01.105. Penalty for improper payment.
An applicant shall pay a penalty of $10 each time a negotiable instrument is presented to the department in payment of an amount due and payment is subsequently refused by the named payor.


Sec. 08.01.110. Definitions.
In this chapter,
     (1) “board” includes the boards and commissions listed in AS 08.01.010;

     (2) “commissioner” means the commissioner of commerce, community, and economic development;

     (3) “department” means the Department of Commerce, Community, and Economic Development;

     (4) “license” means a business license or a license, certificate, permit, or registration or similar evidence of authority issued for an occupation by the department or by one of the boards listed in AS 08.01.010;

     (5) “licensee” means a person who holds a license;

     (6) “occupation” means a trade or profession listed in AS 08.01.010.




Chapter 02. Miscellaneous Provisions.

Sec. 08.02.010. Professional designation requirements.
 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- language pathologist licensed under AS 08.11, a behavior analyst licensed under AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, a marital and family therapist licensed under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as professional identification appropriate letters or a title after that person’s name that represents the person’s specific field of practice. The letters or title shall appear on all signs, stationery, or other advertising in which the person offers or displays personal professional services to the public. In addition, a person engaged in the practice of medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels other persons in relation to human health or disease and uses the letters “M.D.” or the title “doctor” or “physician” or another title that tends to show that the person is willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the letters or title by adding the appropriate specialist designation, if any, such as “dermatologist,” “radiologist,” “audiologist,” “naturopath,” or the like.

 (b) A person subject to (a) of this section who fails to comply with the requirements of (a) of this section shall be given notice of noncompliance by that person’s appropriate licensing board or, if the person is not regulated by a board, by the department. If, after a reasonable time, with opportunity for a hearing, the person’s noncompliance continues, the board or department, as appropriate, may suspend or revoke the person’s license or registration, or administer other disciplinary action which in its determination is appropriate.




Sec. 08.02.011. Professional geologist.
The commissioner of commerce, community, and economic development shall certify an applicant as a professional geologist if the applicant is certified as a professional geologist by the American Institute of Professional Geologists.


Sec. 08.02.020. Limitation of liability.
An action may not be brought against a person for damages resulting from
     (1) the person’s good faith performance of a duty, function, or activity required as a
          (A) member of, or witness before, a licensing board or peer review committee established to review a licensing matter;

          (B) member of a committee appointed under AS 08.64.336(c);

          (C) contractor or agent of a contractor under AS 08.01.050(d) or AS 08.64.101(5);

     (2) a recommendation or action in accordance with the prescribed duties of a licensing board, peer review committee established to review a licensing matter, committee appointed under AS 08.64.336(c), or contractor or agent of a contractor under AS 08.01.050(d) or AS 08.64.101(5) when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person, board, peer review committee, committee appointed under AS 08.64.336(c), or contractor or agent of the contractor under AS 08.01.050(d) or AS 08.64.101(5) after reasonable efforts to ascertain the facts upon which the action or recommendation is made; or

     (3) a report made in good faith to a public agency by the person, or participation by the person in an investigation by a public agency or a judicial or administrative proceeding relating to the report, if the report relates to the abuse of alcohol, other drugs, or other substances by a person licensed by a board listed in AS 08.01.050(d).




Sec. 08.02.025. Compliance with student loan requirements. [Repealed, § 18 ch 54 SLA 1997. For current law, see AS 14.43.148.]
Sec. 08.02.030. [Renumbered as AS 08.01.062.]
Sec. 08.02.040. Access to certain mental health information and records by the state.
 (a) Notwithstanding AS 08.29.200, AS 08.63.200, AS 08.86.200, AS 08.95.900, another provision of this title, or a regulation adopted under this title, a licensee or an entity employing or contracting with a licensee may disclose confidential patient mental health information, communications, and records to the Department of Health and Social Services when disclosure is authorized under AS 47.30.540, 47.30.590, 47.30.845, or AS 47.31.032. Information, communications, and records received by the Department of Health and Social Services under this section are confidential medical records of patients and are not open to public inspection and copying under AS 40.25.110 — 40.25.120.

 (b) In this section, “licensee” has the meaning given in AS 08.01.110.




Sec. 08.02.050. Permits for use of drugs to euthanize domestic animals.
 (a) A qualified agency may apply to the department and obtain a permit that authorizes the purchase, possession, and use by the agency of sodium pentobarbital, sodium pentobarbital with lidocaine, and other drugs authorized in regulations adopted by the department for the purpose of euthanizing injured, sick, or abandoned domestic animals in the lawful possession of the agency. To qualify to obtain the permit, the agency shall certify that it will
     (1) comply with applicable federal laws related to the use of the drugs; and

     (2) not permit an employee to administer the drugs unless the employee has successfully completed a euthanasia technician certification course approved by the National Animal Control Association, the American Humane Association, or the Humane Society of the United States.

 (b) The department may revoke or suspend a permit or take another disciplinary action under AS 08.01.075 if it determines that the agency or an employee of the agency
     (1) improperly used sodium pentobarbital, sodium pentobarbital with lidocaine, or another drug authorized for use under this section;

     (2) failed to follow federal or state laws regarding proper storage and handling of the drugs;

     (3) allowed an employee to administer the drugs before the employee successfully completed the certification course described in (a)(2) of this section; or

     (4) violated this title or a regulation adopted under this title.

 (c) In this section, “agency” means an animal control agency of a municipality or recognized governmental entity or an entity that has contracted with a municipality or recognized governmental entity to perform animal control or animal euthanasia services.

 (d) The department may adopt regulations to implement this section.




Sec. 08.02.090. Definition.
In this chapter, “department” means the Department of Commerce, Community, and Economic Development.


Chapter 03. Termination, Continuation and Reestablishment of Regulatory Boards.

Sec. 08.03.010. Termination dates for regulatory boards.
 (a) [Repealed, § 4 ch 14 SLA 1987.]
 (b) [Repealed, § 4 ch 14 SLA 1987.]
 (c) The following boards have the termination date provided by this subsection:
     (1) Board of Public Accountancy (AS 08.04.010) — June 30, 2021;

     (2) Board of Governors of the Alaska Bar Association (AS 08.08.040) — June 30, 2021;

     (3) State Board of Registration for Architects, Engineers, and Land Surveyors (AS 08.48.011) — June 30, 2025;

     (4) Board of Barbers and Hairdressers (AS 08.13.010) — June 30, 2019;

     (5) Board of Chiropractic Examiners (AS 08.20.010) — June 30, 2022;

     (6) Board of Professional Counselors (AS 08.29.010) — June 30, 2018;

     (7) Board of Dental Examiners (AS 08.36.010) — June 30, 2019;

     (8) Board of Certified Direct-Entry Midwives (AS 08.65.010) — June 30, 2021;

     (9) Big Game Commercial Services Board (AS 08.54.591) — June 30, 2019;

     (10) Board of Marine Pilots (AS 08.62.010) — June 30, 2019;

     (11) Board of Marital and Family Therapy (AS 08.63.010) — June 30, 2018;

     (12) Board of Massage Therapists (AS 08.61.010) — June 30, 2018;

     (13) State Medical Board (AS 08.64.010) — June 30, 2020;

     (14) Board of Nursing (AS 08.68.010) — June 30, 2019;

     (15) Board of Examiners in Optometry (AS 08.72.010) — June 30, 2022;

     (16) Board of Pharmacy (AS 08.80.010) — June 30, 2018;

     (17) State Physical Therapy and Occupational Therapy Board (AS 08.84.010) — June 30, 2022;

     (18) Board of Psychologist and Psychological Associate Examiners (AS 08.86.010) — June 30, 2018;

     (19) Real Estate Commission (AS 08.88.011) — June 30, 2018;

     (20) Board of Certified Real Estate Appraisers (AS 08.87.010) — June 30, 2018;

     (21) Board of Social Work Examiners (AS 08.95.010) — June 30, 2018;

     (22) Board of Veterinary Examiners (AS 08.98.010) — June 30, 2025.

 (d) [Repealed, § 3 ch 74 SLA 1979.]
 (e) [Repealed, § 3 ch 74 SLA 1979.]




Sec. 08.03.020. Procedures governing termination, transition, and continuation.
 (a) Upon termination, each board listed in AS 08.03.010 shall continue in existence until June 30 of the next succeeding year for the purpose of concluding its affairs. During this period, termination does not reduce or otherwise limit the powers or authority of each board. One year after the date of termination, a board not continued shall cease all activities, and the statutory authority of the board is transferred to the department.

 (b) The termination, dissolution, continuation or reestablishment of a regulatory board shall be governed by the legislative oversight procedures of AS 44.66.050.

 (c) A board scheduled for termination under this chapter may be continued or reestablished by the legislature for a period not to exceed eight years unless the board is continued or reestablished for a longer period under AS 08.03.010.

 (d) The department shall carry out the functions of a board that has ceased all activities under (a) of this section. Litigation, hearings, investigations, and other proceedings pending at the time the board ceased activities continue in effect and may be continued or completed by the department. Licenses, certificates, orders, and regulations issued or adopted by the board and in effect at the time the board ceased activities remain in effect for the term issued or until revoked, amended, vacated, or repealed by the department.




Chapter 04. Accountants.

Article 1. Board of Public Accountancy.


Sec. 08.04.005. Purpose.
It is the policy of the state and the purpose of this chapter to promote the reliability of information that is used for guidance in financial transactions or assessing the financial status or performance of commercial, noncommercial, and governmental enterprises. The public interest requires that
     (1) persons professing special competence in accountancy or who offer assurance as to the reliability or fairness of presentation of financial information should demonstrate their qualifications to do so, and that persons who have not demonstrated and maintained adequate qualifications should not be permitted to hold themselves out as having special competence or to offer assurance about their actions;

     (2) the professional conduct of persons licensed as having special competence in accountancy should be regulated in all aspects of the practice of public accounting;

     (3) a public authority competent to prescribe and assess the qualifications and to regulate the professional conduct of practitioners of public accounting should be established; and

     (4) the use of titles relating to the practice of public accounting that are likely to mislead the public as to the status or competence of the persons using these titles should be prohibited.




Sec. 08.04.010. Creation of board.
There is created the Board of Public Accountancy.


Sec. 08.04.020. Appointment and qualifications of board.
 (a) The board consists of seven members appointed by the governor. Each member shall be a resident of this state for at least one year. Five members shall be certified public accountants or public accountants and two members shall be public members.

 (b) Except for public members, an individual may not be appointed unless the individual holds a current license. Public members may not be employed by a person holding a license, permit, out-of-state exemption, or practice privilege under this chapter. Notwithstanding AS 08.01.025, an accountant who does not hold a license under this chapter and is not engaged in the practice of public accounting in violation of this chapter is eligible for appointment as a public member under this section.




Sec. 08.04.025. Meetings of board.
The board shall hold a minimum of four meetings a year.


Sec. 08.04.030. Removal of members.
The governor shall remove any member of the board whose license has been revoked or suspended. The governor may, after hearing, remove any member for neglect of duty or other just cause.


Sec. 08.04.040. Vacancy on board.
A vacancy shall be filled by appointment for the unexpired term, except as provided in AS 39.05.080(4), and all vacancies shall be filled within 60 days. Except as provided in AS 39.05.080(4), after the expiration of a member’s term of office a member continues to serve until a successor is appointed and qualifies, formally advises the board of acceptance of the appointment, and appears at the next meeting of the board.


Sec. 08.04.050. Quorum.
A majority of the board constitutes a quorum for the transaction of business.


Sec. 08.04.055. Executive secretary of board.
 (a) The department, in consultation with the board, shall employ a certified public accountant or person who has other accounting experience satisfactory to the board and who is not a member of the board to serve as executive secretary of the board.

 (b) The executive secretary shall perform duties as prescribed by the board.

 (c) The executive secretary of the board is in the partially exempt service and entitled to receive a monthly salary equal to a step in Range 23 on the salary schedule set out in AS 39.27.011(a).




Sec. 08.04.060. Employment of personnel. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.04.070. Functions of board.
 (a) The board shall elect annually from its members a presiding officer, a secretary and a treasurer. One person may hold the offices of secretary and treasurer.

 (b) The board may adopt and amend regulations for the orderly conduct of its affairs and for the administration of this chapter.

 (c) The board shall adopt a seal.

 (d) [Repealed, § 53 ch 16 SLA 2006.]
 (e) [Repealed, § 53 ch 16 SLA 2006.]
 (f) The board shall adopt a formal statement of goals, objectives and policies to be reviewed and updated annually.

 (g) [Repealed, § 6 ch 19 SLA 1998.]
 (h) The board shall define by regulation the qualifications and duties of the executive secretary and delegate authority to the executive secretary as necessary to conduct board business.




Sec. 08.04.075. Substantial equivalency.
The board shall determine whether the education, examination, and experience qualifications of another state or an individual are substantially equivalent to the national standard or to another standard established by the board to protect the public interest. The board may adopt by regulation the qualifications established by a nationally recognized professional organization for accountants as the national standard or for another standard established by the board to protect the public interest. The board may accept the determination of a nationally recognized professional organization for accountants or adopt another standard as to whether the qualifications of the other state or an individual are substantially equivalent to the national standard. When ascertaining substantial equivalency under this chapter, the order in which education, examination, or experience requirements were attained shall be disregarded.


Sec. 08.04.080. Adoption of rules.
The board may adopt rules of professional conduct to establish and maintain a high standard of integrity and dignity in the profession of public accounting. At least 30 days before the adoption of any rule or amendment, the board shall mail copies of the proposed rule or amendment together with a notice of its effective date to each holder of a license or permit issued under this chapter to the address of the license or permit holder last known to the board.


Sec. 08.04.085. Regulations regarding attest functions. [Repealed, § 42 ch 67 SLA 2010.]
Sec. 08.04.090. Applicability of Administrative Procedure Act. [Repealed, § 15 ch 82 SLA 1980. For current law, see AS 08.01.090.]

Article 2. Certified Public Accountants.


Sec. 08.04.100. Certificate granted.
The certificate of “Certified Public Accountant” shall be granted by the board to any person who meets the requirements of AS 08.04.110 — 08.04.130. The holder of a certificate issued under this section is not authorized to engage in the practice of public accounting in the state unless the holder also has a current license or permit, or an out-of-state exemption or practice privilege.


Sec. 08.04.105. License for individual to practice as a public accountant.
 (a) The board shall issue a license to engage in the practice of public accounting to an individual who meets the requirements of AS 08.04.110 — 08.04.130. The license is valid for the remainder of the biennial licensing period during which the initial license was granted.

 (b) The board may renew a license granted under this section if the licensee
     (1) maintains all of the licensee’s offices as required by AS 08.04.360 — 08.04.380;

     (2) complies with the continuing education requirements of AS 08.04.425 and the quality review requirements of AS 08.04.426; and

     (3) complies with the requirements of this chapter.




Sec. 08.04.110. Personal requirements.
An applicant for a certified public accountant license shall be at least 19 years of age and of good moral character.


Sec. 08.04.120. Educational and experience requirements.
 (a) The education and experience requirements for an applicant are a baccalaureate degree or its equivalent conferred by a college or university acceptable to the board and additional semester hours or post-baccalaureate study so that the total educational program includes at least 150 hours, with an accounting concentration or equivalent as determined by the board by regulation to be appropriate, and two years of accounting experience satisfactory to the board.

 (b) Notwithstanding (a) of this section, the board may grant a license to an applicant who has
     (1) not completed the 150-hour educational program required by (a) of this section if the applicant has received a baccalaureate degree, or its equivalent, before January 1, 2001, from a college or university acceptable to the board, and if the applicant satisfies the other criteria established by the board by regulation for receiving the license; or

     (2) completed a baccalaureate degree, or its equivalent, before January 1, 2008, from a college or university acceptable to the board, and additional semester hours of postbaccalaureate study so that the total educational program includes at least 150 hours, and the applicant has three years of accounting experience satisfactory to the board.




Sec. 08.04.130. Examination.
An applicant shall pass an examination in accounting and reporting, in auditing, and in other related subjects that the board determines appropriate. The examination shall be designated in advance by the board as the examination for the license of certified public accountant. The board shall use the Uniform Certified Public Accountant Examination of the American Institute of Certified Public Accountants and the institute’s advisory grading service, if available. The board shall, by regulation, establish what constitutes a passing grade on the examination for purposes of licensure under AS 08.04.105 — 08.04.240.


Sec. 08.04.140. Frequency of examination [Repealed by § 3, ch. 139, SLA 2003.]
Sec. 08.04.150. Qualifications to take examination.
A person is qualified to take the examination for certified public accountants if the person either
     (1) has a baccalaureate degree or its equivalent conferred by a college or university acceptable to the board with
          (A) an accounting concentration or the equivalent, as defined in regulations of the board;

          (B) a minimum of 15 semester credit hours or 22 quarter credit hours of accounting subjects; or

          (C) one year of public accounting experience under the direct supervision of a certified public accountant; or

     (2) has met or is within 18 semester credit hours or 27 quarter credit hours of meeting the undergraduate educational requirements of AS 08.04.120 and has completed at least 15 semester hours or 22 quarter hours of accounting subjects.




Sec. 08.04.160. Re-examination. [Repealed by § 3, ch. 139, SLA 2003.]
Sec. 08.04.170. Examination standards. [Repealed by § 3, ch. 139, SLA 2003.]
Sec. 08.04.180. Prior applicants.
An applicant who, before April 26, 1960, applied to take an examination for the certificate of certified public accountant, or held a valid license as a public accountant, or was regularly enrolled in a college or correspondence course in accounting, or a person whose registration under this chapter is accepted by the board, shall receive a license when the applicant has met either the requirements of this chapter, or the requirements that were effective at the time the applicant’s first application was filed, at the option of the applicant.


Sec. 08.04.190. Examination fee.
An applicant shall pay the appropriate fee at the time of application for examination or reexamination.


Sec. 08.04.195. Reciprocity with other states.
 (a) Notwithstanding AS 08.04.110 — 08.04.190, the board may issue a license to engage in the practice of public accounting to an applicant who holds a license, or its equivalent, issued by another state if the applicant
     (1) passed the Uniform Certified Public Accountant Examination of the American Institute of Certified Public Accountants in order to receive the applicant’s initial license from the other state;

     (2) has four years of experience outside the state in the practice of public accounting or meets equivalent requirements established by the board by regulation; the four years must occur after the applicant passes the examination required in (1) of this subsection and within the 10 years immediately preceding the applicant’s application under this chapter;

     (3) is not the subject of review procedures, disciplinary proceedings, or unresolved complaints related to the applicant’s license from another state; and

     (4) is of good moral character.

 (b) An applicant for the initial issuance of a license under this section shall list in the application all states where the applicant has applied for or holds a license, or its equivalent, and shall notify the board in writing within 30 days after a denial, revocation, or suspension of a license, or the equivalent, by another state.

 (c) The board may by regulation establish the education and continuing education requirements for the issuance of a license under this section.

 (d) The board may renew a license issued under this section if the licensee
     (1) maintains all of the licensee’s offices as required by AS 08.04.360 — 08.04.380;

     (2) complies with the continuing education requirements established under (c) of this section; and

     (3) complies with the requirements of this chapter.




Sec. 08.04.200. Use of title “certified public accountant” by individual.
An individual who has a license from the board as a certified public accountant or holds a practice privilege shall be known as a certified public accountant and may use the abbreviation “CPA.”


Sec. 08.04.210. Effect on certificates existing on April 26, 1960.
A person who, on April 26, 1960, held a certificate as a certified public accountant issued under the laws of the Territory or State of Alaska is not required to obtain a license under this chapter but is otherwise subject to this chapter. Certificates issued before April 26, 1960, shall be considered licenses issued under this chapter.


Sec. 08.04.220. Certification of foreign accountants. [Repealed, § 15 ch 82 SLA 1980.]
Sec. 08.04.230. Registration of foreign accountants. [Repealed, § 2 ch 147 SLA 1976.]
Sec. 08.04.240. Application of partnerships, limited liability companies, corporations, and other legal entities for permits.
 (a) The board shall grant a permit to engage in the practice of public accounting as a partnership to a partnership that applies to the board as a partnership of certified public accountants if the partnership meets the following requirements:
     (1) more than one-half of the ownership of the partnership belongs to certified public accountants of this or another state in good standing;

     (2) an individual who is a certified public accountant or has a practice privilege, who is responsible for supervising attest functions or compilation services in the partnership, and who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the partnership meets the competency requirements established by the board under AS 08.04.423;

     (3) an individual who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the partnership meets the competency requirements established by the board under AS 08.04.423; and

     (4) each partner who is personally engaged in this state in the practice of public accounting as a member of that partnership and whose principal place of business is in this state is a certified public accountant of this state in good standing.

 (b) The board shall grant a permit to engage in the practice of public accounting as a corporation to a corporation organized for the practice of public accounting that applies to the board as a corporation of certified public accountants if the corporation meets the following requirements:
     (1) the sole purpose and business of the corporation are to furnish to the public services not inconsistent with this chapter or the regulations adopted under it by the board; however, the corporation may invest its funds in a manner not incompatible with the practice of public accounting;

     (2) at least a simple majority of the shares of the corporation are owned by certified public accountants of this or another state in good standing and the principal officer of the corporation and any officer having authority over the practice of public accounting by the corporation is a certified public accountant of this or another state in good standing;

     (3) an individual who is a certified public accountant or has a practice privilege, who is responsible for supervising attest functions or compilation services in the corporation, and who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the corporation meets the competency requirements established by the board under AS 08.04.423;

     (4) an individual who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the corporation meets the competency requirements established by the board under AS 08.04.423;

     (5) each shareholder or director personally engaged in this state in the practice of public accounting and whose principal place of business is located in this state is a certified public accountant of this state in good standing;

     (6) to facilitate compliance with the provisions of this section relating to the ownership of stock, there is a written agreement binding the corporation or the qualified shareholders to purchase shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder and binding a holder not a qualified shareholder to sell these shares to the corporation or the qualified shareholders; the agreement must be noticed on each certificate of corporate stock; the corporation may purchase any amount of its stock for this purpose, notwithstanding any impairment of capital, so long as one share remains outstanding; and

     (7) the corporation is in compliance with those other regulations pertaining to corporations practicing public accounting in this state that the board may adopt.

 (c) Application for a permit under this section shall be made upon the affidavit of a general partner, member, or shareholder who is a certified public accountant of this state in good standing or an individual with a practice privilege. The board shall, in each case, determine whether the applicant is eligible for a permit under this section. A partnership, limited liability company, corporation, or other legal entity that is issued a permit under this section may use the words “certified public accountants” or the abbreviation “CPAs” in connection with the name of the partnership, limited liability company, corporation, or other legal entity. The board shall be notified within one month after the admission or withdrawal of a partner, member, or shareholder from a partnership, limited liability company, corporation, or other legal entity issued a permit under this section.

 (d) The board shall grant a permit to engage in the practice of public accounting as a limited liability company to a limited liability company engaged in this state in the practice of public accounting that applies to the board as a limited liability company of certified public accountants if
     (1) the sole purpose and the sole business of the company are to furnish to the public services that are consistent with this chapter or the regulations adopted under this chapter, except that the company may invest its money in a manner that is compatible with the practice of public accounting;

     (2) more than one-half of the ownership of the limited liability company belongs to certified public accountants of this or another state in good standing;

     (3) an individual who is a certified public accountant or has a practice privilege, who is responsible for supervising attest functions or compilation services in the company, and who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the company meets the competency requirements established by the board under AS 08.04.423;

     (4) an individual who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the company meets the competency requirements established by the board under AS 08.04.423; and

     (5) each member personally engaged in this state in the practice of public accounting and whose principal place of business is located in this state is a certified public accountant of this state in good standing.

 (e) The board may grant a permit to engage in the practice of public accounting to a legal entity, other than a partnership, corporation, or limited liability company, if the legal entity applies to the board on a form provided by the board and satisfies other application requirements and conditions for the legal entity that are established by the board by regulation to protect the public interest.

 (f) An initial permit issued under (a), (b), (d), or (e) of this section lasts for the remainder of the biennial licensing period during which the initial permit was granted.

 (g) The board shall renew a permit granted under (a), (b), (d), or (e) of this section or a renewal issued under this subsection if
     (1) the permittee maintains all of the licensee’s offices that are located in this state as required by AS 08.04.360 — 08.04.380;

     (2) each individual who is required by (a), (b), (d), or (e) of this section to be a certified public accountant of this state complies with the continuing education requirements of AS 08.04.425 and the quality review requirements of AS 08.04.426; and

     (3) the permittee complies with the requirements of this chapter, including the competency requirement of (a)(2) and (3), (b)(3) and (4), and (d)(3) and (4) of this section.

 (h) A partnership holding a permit issued under former AS 08.04.330 — 08.04.340 on June 29, 1980, qualifies for a permit under this section as long as each partner personally engaged in the practice of public accounting in this state holds a license or permit under AS 08.04.661.

 (i) For the purposes of issuing a permit under this section, a partnership, limited liability company, corporation, or other legal entity may include owners who are not certified public accountants if
     (1) the partnership, corporation, limited liability company, or other legal entity designates a certified public accountant or an individual with practice privileges to be responsible for the proper registration of the entity and identifies the certified public accountant or individual to the board;

     (2) all of the owners of the partnership, corporation, limited liability company, or other legal entity who are not certified public accountants are active individual participants in the partnership, corporation, limited liability company, or other legal entity, or in an entity affiliated with the partnership, corporation, limited liability company, or other legal entity; and

     (3) the partnership, corporation, limited liability company, or other legal entity complies with the other requirements that the board may adopt by regulation to protect the public interest as described under AS 08.04.005.

 (j) If the ownership of a partnership, limited liability company, corporation, or other legal entity, after it has received or renewed a permit, does not comply with (i) of this section, the partnership, limited liability company, corporation, or other legal entity shall take corrective action to comply with (i) of this section within a reasonable time after the noncompliance begins. The board shall establish by regulation the criteria to determine what is a reasonable time and may base the regulation on national standards.




Sec. 08.04.250. Requirements for registration. [Repealed, § 4 ch 147 SLA 1976.]
Sec. 08.04.260. Temporary certificate as certified public accountant. [Repealed, § 7 ch 66 SLA 1997.]
Secs. 08.04.270 — 08.04.340. Public accountants. [Repealed, § 15 ch 82 SLA 1980.]

Article 3. Regulation of Accountants.


Sec. 08.04.350. Registration of offices. [Repealed, § 12 ch 62 SLA 1988.]
Sec. 08.04.360. Supervision required.
Each office established or maintained in this state for the practice of public accounting shall be under the direct supervision of an individual in residence who holds a license or a practice privilege. The supervisor may be a sole proprietor, partner, principal, member, or staff employee. A supervisor may serve in this capacity at one office only.


Sec. 08.04.370. Use of title “certified public accountant” by office of legal entity.
The title “certified public accountant” or the abbreviation “CPA” may not be used in connection with an office of a legal entity holding a permit or an out-of-state exemption unless the supervision requirement of AS 08.04.360 is satisfied.


Sec. 08.04.380. Waiver of requirements.
The board may waive the requirements of AS 08.04.240(a)(4), (b)(5), and (d)(5), 08.04.360, and 08.04.370 if
     (1) the community has a population of 2,000 or less; and

     (2) the individual, partnership, corporation, limited liability company, or other legal entity that opens or maintains the office maintains another office in the state that meets the requirements outlined in AS 08.04.360 and 08.04.370.




Sec. 08.04.390. Permit for individual practice as a public accountant. [Repealed, § 53 ch 16 SLA 2006.]
Sec. 08.04.400. Permit for partnership, limited liability company, or corporate practice as a public accountant. [Repealed, § 53 ch 16 SLA 2006.]
Sec. 08.04.410. Inactive license for person not engaged in practice.
Notwithstanding AS 08.04.105 or 08.04.195, an individual holding a license who is not engaged in the practice of public accounting may maintain the license in good standing by notifying the board that the individual is inactive and paying the required fee.


Sec. 08.04.420. Practice privileges.
 (a) Except as limited by (b) of this section, an individual who does not have a license in this state, but who is licensed to practice public accounting in another state and whose principal place of business for the practice of public accounting is in the other state may engage in the practice of public accounting in this state under a practice privilege if the state in which the individual is licensed to practice public accounting
     (1) requires as a condition of licensure that an individual
          (A) have at least 150 semester hours of college education, including a baccalaureate or higher degree conferred by a college or university;

          (B) achieve a passing grade on the Uniform Certified Public Accountant Examination; and

          (C) possess at least one year of experience, which includes providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills; the experience may be obtained through practice with the government, industry, colleges, universities, or the public; or

     (2) does not require as a condition of licensure that an individual satisfy the requirements of (1) of this subsection, but the individual’s qualifications are substantially equivalent to the requirements of (1) of this subsection; however, for the purposes of this paragraph, the education of an individual who holds a valid license to practice public accounting that is issued by another state before January 1, 2013, and who passes the Uniform Certified Public Accountant Examination before January 1, 2013, is exempt from the education requirement identified in (1)(A) of this subsection.

 (b) Unless the individual is a sole practitioner, if an individual who engages in the practice of public accounting under a practice privilege under (a) of this section performs designated functions for a client whose home office is in this state, the individual may only provide the designated functions through a legal entity that has a permit.

 (c) An individual who may engage in the practice of public accounting in this state under (a) or (b) of this section is not required to provide a notice to the board, to pay a fee to the board, or to submit documentation to the board in order to engage in the practice of public accounting in this state. The person may engage in the practice of public accounting by mail, by telephone, by electronic means, or in person.




Sec. 08.04.421. Out-of-state permits and exemptions.
 (a) A legal entity that does not have an office in this state, that is authorized to practice public accounting in another state, and that performs designated functions for a client whose home office is located in this state may not engage in the practice of public accounting in this state unless the legal entity has an out-of-state permit. To obtain an out-of-state permit, the legal entity shall submit to the board
     (1) a written notice on a form provided by the board;

     (2) the fee required by the board;

     (3) verification of the current authorization of the legal entity to practice public accounting in the other state; and

     (4) verification that the legal entity participates in a quality review program comparable to the program required of entities registered under AS 08.04.426.

 (b) A legal entity that performs designated services but not designated functions for a client whose home office is located in this state may engage in the practice of public accounting in this state under an out-of-state exemption if the legal entity
     (1) does not have an office in this state;

     (2) is authorized to practice public accounting in another state;

     (3) performs the designated services through an individual with a practice privilege; and

     (4) participates in a quality review program comparable to the program required under AS 08.04.426.

 (c) A legal entity that does not have an office in this state, is authorized to practice public accounting in another state, and does not perform designated functions or designated services for a client whose home office is located in this state may engage in the practice of public accounting in this state under an out-of-state exemption if the services that the legal entity performs within the practice of public accounting are performed
     (1) through an individual who has a practice privilege; and

     (2) only to the extent that the legal entity can lawfully perform the services in the state where the individual with a practice privilege has the individual’s principal place of business.

 (d) If the board denies an out-of-state permit to a legal entity under (a) of this section, the board shall provide notice of the denial to the legal entity.

 (e) Notwithstanding AS 08.01.100(b), the board shall establish by regulation the period for which an out-of-state permit authorized by (a) of this section is valid. However, the initial term of an out-of-state permit may not exceed three years. The board may renew an out-of-state permit and shall establish by regulation the terms for and length of a renewal, except that the length of a renewal for an out-of-state permit may not exceed four years.

 (f) A legal entity who may engage in the practice of public accounting under an out-of-state exemption is not required to provide a notice to the board, pay a fee to the board, or submit documentation to the board. The person may engage in the practice of public accounting by mail, by telephone, by electronic means, or in person.

 (g) In this section, “designated service” means
     (1) a review of a financial statement, if the performance of the review is established by the Statements on Standards for Accounting and Review Services; or

     (2) a compilation service.




Sec. 08.04.422. Conditions of practice privileges, out-of-state permits, and out-of-state exemptions.
An individual with a practice privilege who engages in the practice of public accounting in the state under the practice privilege, a legal entity with a permit or exemption under AS 08.04.421 who engages in the practice of public accounting in this state under the permit or exemption, and a legal entity that hires an individual with a practice privilege shall
     (1) consent to the personal and subject matter jurisdiction and disciplinary authority of the board;

     (2) agree to comply with this chapter, including the regulations adopted by the board;

     (3) agree that the individual or legal entity will stop offering to engage or engaging in the practice of public accounting, whether individually or on behalf of a legal entity, if the license from the state of the individual’s or legal entity’s principal place of business becomes invalid; and

     (4) consent to the appointment of the state board that issued the individual’s license as the individual’s or legal entity’s agent for service of process in a court action or in another proceeding against the individual or legal entity that arises out of a transaction or an operation connected with or incidental to the individual’s or legal entity’s engagement in the practice of public accounting.




Sec. 08.04.423. Competency requirement after licensing.
If, at any time after receiving a license, a licensee decides to perform attest functions, the licensee shall meet the competency requirements established by the board by regulation.


Sec. 08.04.425. Continuing education.
 (a) The board shall by regulation prescribe requirements for continuing education for individuals with licenses under this chapter. In adopting these regulations, the board may
     (1) use and rely upon guidelines and pronouncements with respect to continuing education issued by recognized educational and professional associations in the field; and

     (2) prescribe content, duration, and organization of courses or programs that will satisfy the continuing education requirements.

 (b) Each application for renewal of a license to practice as a certified public accountant by an individual who has held a license as a certified public accountant for two years or more shall be accompanied or supported by documents or other evidence indicating satisfaction of the continuing education requirements prescribed by the board during the two years immediately preceding the application.

 (c) Failure by an applicant for renewal of a license to furnish the evidence required under (b) of this section constitutes grounds for revocation, suspension, or refusal to renew the license under AS 08.04.450 unless the board determines that failure to have been due to reasonable cause or excusable neglect. However, the board may renew a license despite failure to furnish evidence of satisfaction of the continuing education requirements established under (a) of this section if the applicant agrees to follow a particular program or schedule of continuing education prescribed by the board.

 (d) In adopting regulations under (a) of this section, or in issuing individual orders under (c) of this section, the board
     (1) shall consider
          (A) the accessibility of applicants to the continuing education courses or programs that it may require; and

          (B) any impediments to interstate practice of public accounting that may result from differences in continuing education requirements prescribed by other states; and

     (2) may relax or suspend the continuing education requirements
          (A) for applicants who certify that they do not intend to engage in the practice of public accounting; or

          (B) in instances of individual hardship.




Sec. 08.04.426. Quality review.
 (a) The board may require as a condition for renewal of a license or a permit that the applicant for the renewal undergo a quality review conducted as required by the board by regulation.

 (b) The quality review under (a) of this section must include verification that the reviewing individual meets the competency requirements set out in the professional standards established by the board for the services. In this subsection, “reviewing individual” means the individual who is responsible for supervising and signing off on or authorizing another individual to sign off on attest functions performed by the applicant.

 (c) The board shall adopt the regulations under (a) of this section in a reasonable time before the regulations are scheduled to become effective.

 (d) The regulations adopted under (a) of this section may require that
     (1) an applicant demonstrate that the applicant has undergone a quality review that is a satisfactory equivalent to the quality review under (a) of this section;

     (2) the quality reviews be subject to supervision by an oversight body established or approved by the board;

     (3) the quality reviews be operated and the documents be maintained in a manner that is designed to preserve confidentiality; and

     (4) the board or another person, except for the oversight body authorized by (2) of this subsection, may not access the documents furnished or generated in the course of the quality review.

 (e) An oversight body required by (d)(2) of this section shall
     (1) periodically report to the board on the effectiveness of the quality review program it is supervising; and

     (2) provide the board with a list of the applicants who have participated in a quality review program that is satisfactory to the board.




Sec. 08.04.430. Expiration and renewal. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.100.]
Sec. 08.04.440. Effect of failure to obtain license or permit.
Failure of an individual, partnership, limited liability company, corporation, or other legal entity to apply for a required license or permit or to pay a required fee within (1) three years from the expiration date of the license or permit last obtained or renewed, or (2) three years from the date the person was granted a license or permit as a public accountant valid under AS 08.04.661 deprives the individual, partnership, limited liability company, corporation, or other legal entity of the right to a license or permit or renewal of a license or permit unless the board determines that the failure is excusable. In case of excusable failure, the fee for a license or permit or renewal of a license or permit under this section may not exceed three times one year’s portion of the fee that would have otherwise been required for the license, permit, or renewal.


Sec. 08.04.450. Revocation or suspension of license, practice privilege, permit, or out-of-state exemption.
 (a) In addition to its powers under AS 08.01.075, the board may revoke, suspend, or refuse to renew a license, practice privilege, permit, or out-of-state exemption, or may censure a holder of a license, practice privilege, permit, or out-of-state exemption, for
     (1) fraud or deceit in obtaining a license or permit required by this chapter;

     (2) dishonesty or gross negligence in the practice of public accounting, or other acts discreditable to the accounting profession;

     (3) violation of a provision of AS 08.04.500 — 08.04.610 or failure to take corrective action to comply with AS 08.04.240(i) within the time allowed under AS 08.04.240(j);

     (4) violation of a rule of professional conduct or other regulation adopted by the board;

     (5) conviction of a felony under the laws of any state or of the United States;

     (6) conviction of any crime, an essential element of which is dishonesty or fraud, under the laws of any state or of the United States;

     (7) cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or public accountant in any other state for any cause other than failure to pay a required fee;

     (8) suspension or revocation of the right to practice before any state or federal agency;

     (9) failure to satisfy the continuing education requirements prescribed by the board under AS 08.04.425, except as conditioned, relaxed, or suspended by the board under AS 08.04.425(c) and (d);

     (10) failure to satisfactorily complete a quality review requirement under AS 08.04.426; or

     (11) committing an act in another state for which the holder of the license, practice privilege, permit, or out-of-state exemption would be subject to discipline in this or the other state.

 (b) The board shall investigate a complaint made by the board of accountancy, or other regulatory body for the practice of accounting, of another state.




Sec. 08.04.460. Suspension or revocation of license revokes permit. [Repealed, § 53 ch 16 SLA 2006.]
Sec. 08.04.470. Revocation of permit of partnership, limited liability company, corporation, or other legal entity.
The board shall revoke the permit of a partnership, limited liability company, corporation, or other legal entity if at any time it does not meet the qualifications prescribed by the sections of this chapter under which it qualified for the permit.


Sec. 08.04.480. Grounds for censure of, or the revocation, suspension, or refusal to renew a permit for, a partnership, limited liability company, corporation, or other legal entity.
The board may revoke or suspend the permit of a partnership, limited liability company, corporation, or other legal entity, may revoke, suspend, or refuse to renew its permit, or may censure the partnership, limited liability company, corporation, or other legal entity for any of the causes enumerated in AS 08.04.450 or for any of the following additional causes:
     (1) the revocation or suspension of the license or practice privilege of a partner, a member, a shareholder, or, if the permittee is a legal entity other than a partnership, corporation, or limited liability company, an owner of the permittee;

     (2) the revocation, suspension, or refusal to renew the permit of a partner, a member, or a shareholder, or, if the permittee is a legal entity other than a partnership, corporation, or limited liability company, an owner of the permittee;

     (3) the cancellation, revocation, suspension, or refusal to renew the authority of the partnership or any partner, the limited liability company or a member, the corporation or a shareholder, or the other legal entity to practice public accounting in another state for any cause other than failure to pay a required fee in that state.




Sec. 08.04.490. Reinstatement.
Upon application in writing and after a hearing, the board may issue a new license or allow a practice privilege to an individual whose license or practice privilege has been revoked, or may issue a new permit to a person whose permit has been revoked, or may modify the suspension of or may reissue any license, practice privilege, or permit to practice public accounting that has been revoked or suspended.


Sec. 08.04.495. Fees.
The department shall set fees under AS 08.01.065 for examinations, reexaminations, permits, licenses, and practice privileges.


Article 4. Unlawful Acts and Penalties.


Sec. 08.04.500. Individual posing as a certified public accountant.
 (a) An individual may not assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the individual is a certified public accountant, unless the individual has received a license and all of the individual’s offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380.

 (b) This section does not prohibit an individual in good standing in any state, including an individual acting as a sole practitioner in the individual’s home state, holding a practice privilege under AS 08.04.420 from using the title “certified public accountant” or another title allowed under (a) of this section.




Sec. 08.04.505. Issuance of reports.
Only a person who holds a valid license, practice privilege, permit, or out-of-state exemption may issue a report on financial statements of another person or governmental unit. This restriction does not apply to
     (1) an officer, partner, member, or employee of a sole proprietorship, partnership, corporation, limited liability company, or other legal entity affixing that person’s signature to a statement or report in reference to the financial affairs of the sole proprietorship, partnership, corporation, limited liability company, or other legal entity with wording designating the position, title, or office that the person holds in the sole proprietorship, partnership, corporation, limited liability company, or other legal entity;

     (2) an act of a public official or employee in the performance of official duties;

     (3) the performance by persons of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on them.




Sec. 08.04.510. Partnership, limited liability company, corporation, or other legal entity posing as a certified public accountant.
 (a) A partnership, limited liability company, corporation, or other legal entity may not assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that it is composed of certified public accountants, unless the partnership, limited liability company, corporation, or other legal entity holds a permit or an out-of-state exemption and is engaging in the practice of public accounting under the name on its permit, and its offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380.

 (b) A partnership, limited liability company, corporation, or other legal entity consisting of certified public accountants in good standing in any state, that does not have a permit as a partnership, limited liability company, corporation, or other legal entity consisting of certified public accountants under AS 08.04.240 but holds a permit under AS 08.04.421 or out-of-state exemption, may use the title or designation “certified public accountants” or another title permitted under (a) of this section.




Sec. 08.04.520. Individual posing as public accountant.
An individual may not assume or use the title or designation “public accountant” or the abbreviation “PA” or other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the individual is a public accountant, unless the individual holds a current license or practice privilege and the individual’s offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380.


Sec. 08.04.530. Partnership, limited liability company, or corporation posing as public accountant.
A partnership, limited liability company, or corporation may not assume or use the designation “public accountant” or the abbreviation “PA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the partnership, limited liability company, or corporation is composed of public accountants, unless the partnership, limited liability company, or corporation holds a current permit or out-of-state exemption, and, if it has a permit, is practicing under the name on its permit, and its office in this state for the practice of public accounting is maintained as required by AS 08.04.360 — 08.04.380.


Sec. 08.04.540. Use of deceptive title or abbreviation.
An individual, partnership, limited liability company, corporation, or other legal entity may not assume or use the title or designation “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “C,” “EA,” “LA,” “RA,” or similar abbreviations likely to be confused with “CPA” or “PA” except that “EA” may be used to the extent that it relates to the term “enrolled agent” as defined by the federal Internal Revenue Service; however, an individual, partnership, limited liability company, corporation, or other legal entity holding a current license or permit or an out-of-state exemption or practice privilege, and whose offices in this state for the practice of public accounting, if any, are maintained as required by AS 08.04.360 — 08.04.380 may hold out to the public as an accountant or auditor.


Sec. 08.04.550. Corporation may not assume title. [Repealed, § 21 ch 147 SLA 1976. For current law, see AS 08.04.540.]
Sec. 08.04.560. Individual may not assume title.
An individual may not sign or affix any name or any trade or assumed name used by that individual to any accounting or financial statement or opinion or report on any accounting or financial statement with any wording indicating that the person is a certified public accountant or public accountant or with any wording indicating that the person has expert knowledge in accounting or auditing, unless the individual holds a current license or practice privilege and the individual’s offices in this state, if any, for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380.


Sec. 08.04.570. Acts not prohibited.
AS 08.04.560 does not prohibit
     (1) an officer, employee, partner, member, or principal of any organization from affixing that person’s signature to any statement or report in reference to the financial affairs of the organization together with any wording designating the position, title, or office which that person holds;

     (2) an act of a public official or public employee in the performance of that person’s duties;

     (3) a person maintaining a bookkeeping or tax service from affixing that person’s signature to any record, statement, or report maintained or prepared by the person.




Sec. 08.04.580. Partnership posing as accountants or auditors.
A person may not sign or affix a partnership name to any accounting or financial statement or opinion or report on any accounting or financial statement with any wording indicating that it is a partnership composed of certified public accountants or public accountants or with any wording indicating that the partnership has expert knowledge in accounting or auditing unless the partnership holds a current permit and is practicing under the name on its permit, and its offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380, or unless the partnership holds an out-of-state exemption.


Sec. 08.04.590. Use of title with corporate name.
A person may not sign or affix a corporate name to any accounting or financial statement or opinion or report on any accounting or financial statement with any wording indicating that it is a corporation composed of certified public accountants or public accountants or with any wording indicating that the corporation has expert knowledge in accounting or auditing unless the corporation holds a current permit, it is practicing under the name on the permit, and its offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380, or unless the corporation holds an out-of-state exemption.


Sec. 08.04.595. Use of title with limited liability company name.
A person may not sign or affix a limited liability company name to an accounting or financial statement or opinion or report on an accounting or financial statement with wording indicating that the person is a limited liability company composed of certified public accountants or public accountants or with wording indicating that the company has expert knowledge in accounting or auditing unless the company holds a current permit, it is practicing under the name on the permit, and its offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380, or unless the limited liability company holds an out-of-state exemption.


Sec. 08.04.598. Use of title with name of other legal entity.
A person may not sign or affix the name of a legal entity to an accounting or financial statement or opinion or report on an accounting or financial statement with wording indicating that the person is a legal entity composed of certified public accountants or public accountants or with wording indicating that the legal entity has expert knowledge in accounting or auditing unless the legal entity holds a current permit, it is practicing under the name on the permit, and its offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 — 08.04.380, or unless the legal entity holds an out-of-state exemption.


Sec. 08.04.600. Disclosure of lack of license or permit.
An individual, partnership, limited liability company, corporation, or other entity that does not hold a current license, a current practice privilege, a current permit, or a current out-of-state exemption, may not hold out to the public as a certified public accountant or public accountant by use of such words or abbreviations on any sign, card, or letterhead, or in any advertisement or directory, without indicating that the individual, partnership, limited liability company, corporation, or other entity does not hold a current license, a current practice privilege, or a current permit. This section does not prohibit
     (1) an officer, employee, partner, member, or principal of an organization from self-description through the position, title, or office that the person holds in the organization;

     (2) an act of a public official or public employee in the performance of that individual’s duties; or

     (3) a person from maintaining a bookkeeping or tax service.




Sec. 08.04.610. Deceptive use of title or designation by partnership, limited liability company, corporation, or other legal entity.
A person may not assume or use the title or designation “certified public accountant” or “public accountant” or an abbreviation of them, in conjunction with a name indicating or implying that there is a partnership, limited liability company, corporation, or other entity, or in conjunction with the designation “and Company,” “and Co.,” “L.L.C.,” “LLC,” “Ltd.,” or any similar designation unless there is a bona fide partnership, limited liability company, corporation, other legal entity holding a permit issued under that name, or a current out-of-state exemption. However, a sole proprietor or partnership lawfully using the title or designation “certified public accountant” or “public accountant” or an abbreviation of them in conjunction with such names or designation on April 26, 1960, may continue to do so if the person or partnership otherwise complies with this chapter.


Sec. 08.04.620. Exceptions.
This chapter does not prohibit
     (1) an individual who does not hold a current license or practice privilege from serving as an employee of or as an assistant to an individual, partnership, limited liability company, corporation, or other legal entity holding a current license, a current practice privilege, a current permit, or a current out-of-state exemption so long as the employee or assistant does not use the employee’s or the assistant’s name in connection with an accounting or financial statement;

     (2) an individual who holds a valid license or equivalent authorization in another state from indicating that the individual is entitled to use the title “certified public accountant,” but the individual may not indicate that services are available to the public unless the individual holds a current license or practice privilege issued under this chapter;

     (3) a holder of a certificate, license, or degree from a foreign country that constitutes a recognized qualification for the practice of public accounting in that country from indicating that the person holds the certificate, license, or degree, but the person may not indicate that the person’s services are available to the public unless the person holds a current license, practice privilege, permit, or out-of-state exemption under this chapter.




Sec. 08.04.630. Injunction against unlawful act.
Whenever, in the judgment of the board, a person has engaged in an act that constitutes a violation of AS 08.04.500 — 08.04.610, the board may apply to the appropriate court for an order enjoining the act. Upon a showing by the board that a person has engaged in the act, the court shall grant an injunction or any other appropriate order without bond.


Sec. 08.04.640. Penalty.
A person who violates a provision of AS 08.04.500 — 08.04.610 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than one year, or by both.


Sec. 08.04.650. Single act evidence of practice.
The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person’s name in conjunction with the words “certified public accountant,” or any abbreviation of that phrase, or with the words “public accountant,” or any abbreviation of that phrase, or any words or abbreviations likely to be confused with any of them is prima facie evidence in any action brought under AS 08.04.630 or 08.04.640 that the person whose name is displayed caused the display or uttering of the card, sign, advertisement, or written instrument or device, and that the person is holding out to be a certified public accountant or public accountant. In any action, evidence of the commission of a single act prohibited by this chapter is sufficient to justify an injunction or a conviction without evidence of a general course of conduct.


Article 5. Miscellaneous Provisions.


Sec. 08.04.660. Ownership of accountant’s working papers.
Statements, records, schedules, working papers, and memoranda made by a certified public accountant or a public accountant incident to or in the course of professional service to a client, except reports submitted to a client, are the property of the accountant, in the absence of an express agreement between the accountant and the client to the contrary. A statement, record, schedule, working paper, or memorandum may not be sold, transferred, or bequeathed to a person other than a partner of the accountant without the consent of the client or the client’s personal representative or assignee.


Sec. 08.04.661. Previous licensure.
A person holding a valid license as a public accountant under former AS 08.04.270 or a person holding a valid permit under former AS 08.04.390 on June 29, 1980, may continue to practice under the conditions imposed by statute and regulation on that date but that person is otherwise subject to this chapter. A license or permit effective under this section may be renewed under conditions imposed by statute and regulation that were in effect on June 29, 1980, except that any renewal fee required under this chapter applies.


Sec. 08.04.662. Confidential communications.
 (a) A license holder, a permit holder, a practice privilege holder, an out-of-state exemption holder, or a partner, an officer, a shareholder, a member, or an employee of a license holder, a permit holder, an out-of-state exemption holder, or a practice privilege holder may not reveal information communicated to the license holder, permit holder, out-of-state exemption holder, or practice privilege holder by a client about a matter concerning which the client has employed the license holder, permit holder, out-of-state exemption holder, or practice privilege holder in a professional capacity. This section does not apply to
     (1) information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements;

     (2) the release of information the client has authorized the license holder, permit holder, out-of-state exemption holder, or practice privilege holder to reveal;

     (3) information revealed as part of the discovery of evidence related to a court or administrative proceeding or introduced in evidence in a court or administrative proceeding;

     (4) information revealed in ethical investigations conducted by private professional organizations; or

     (5) information revealed in the course of a quality review under AS 08.04.426.

 (b) Client information obtained by the board under (a)(3) — (5) of this section is confidential and is not a public record for purposes of AS 40.25.110 — 40.25.140.




Sec. 08.04.670. Construction.
If any provision of this chapter or the application of any provision to any person or to any circumstances is invalid, the remainder is not affected.


Article 6. General Provisions.


Sec. 08.04.680. Definitions.
In this chapter, unless the context indicates otherwise,
     (1) “attest function” means
          (A) an audit or other engagement, if the performance of the audit or other engagement is established by the Statements on Auditing Standards;

          (B) a review of a financial statement, if the performance of the review is established by the Statements on Standards for Accounting and Review Services;

          (C) an examination of prospective financial information, if the performance of the examination is established by the Statements on Standards for Attestation Engagements; or

          (D) an engagement, if the performance of the engagement is established by the Auditing Standards of the Public Company Accounting Oversight Board;

     (2) “board” means the Board of Public Accountancy;

     (3) “certificate” means a certificate granted under AS 08.04.100;

     (4) “compilation service” means a service that
          (A) is performed as established by the Statements on Standards for Accounting and Review Services; and

          (B) presents, in the form of financial statements, information that is the representation of management, but does not express an assurance on the statements;

     (5) “department” means the Department of Commerce, Community, and Economic Development;

     (6) “designated function” means
          (A) an audit or other engagement, if the performance of the audit or other engagement is established by the Statements on Auditing Standards;

          (B) an examination of prospective financial information, if the performance of the examination is established by the Statements on Standards for Attestation Engagements; or

          (C) an engagement, if the performance of the engagement is established by the Auditing Standards of the Public Company Accounting Oversight Board;

     (7) “home office” means the location specified by the client as the address to which an attest function service or a compilation service is directed;

     (8) “legal entity” means an organization that can organize as a legal person under the laws of this state;

     (9) “license” means a license issued under AS 08.04.105 or 08.04.195;

     (10) “limited liability company” means an organization organized under AS 10.50 or a foreign limited liability company; in this paragraph, “foreign limited liability company” has the meaning given in AS 10.50.990;

     (11) “member” means a person who has been admitted to membership in a limited liability company;

     (12) “out-of-state exemption” means the exemption provided under AS 08.04.421(b) or (c);

     (13) “partnership” means a general partnership, a limited partnership, a limited liability partnership, or another form of partnership;

     (14) “permit” means a permit issued under AS 08.04.240 or 08.04.421(a);

     (15) “practice of public accounting” means the offering to perform or the performance as a person holding a license, practice privilege, or permit under this chapter of a service involving the use of accounting or auditing skills; in this paragraph, “accounting or auditing skills” includes preparing financial statements, issuing reports on financial statements, furnishing management services, furnishing financial advisory services, providing consulting services, preparing tax returns, advising on tax matters, or consulting on tax matters;

     (16) “practice privilege” means a practice privilege authorized under AS 08.04.420;

     (17) “principal place of business” means the office location designated by an individual for the purposes of substantial equivalency and reciprocity;

     (18) “quality review” means a study, appraisal, or review of one or more aspects of the professional work of a person in the practice of public accounting, by a person who holds a certificate and who is not affiliated with the person being reviewed, conducted as prescribed under AS 08.04.426;

     (19) “report,” when used with reference to financial statements, means an opinion, report, or other form of language that states or implies assurance as to the reliability of financial statements and that also includes or is accompanied by a statement or implication that the person issuing it has special knowledge or competency in accounting or auditing; a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the issuer is a certified public accountant or auditor, or from the language of the report itself; except as provided in this paragraph, “report” includes any form of language that disclaims an opinion when the form of the language is conventionally understood to imply a positive assurance as to the reliability of the financial statements referred to or special competence on the part of the person issuing the language; and “report” includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence; “report” does not include
          (A) a compilation of financial statement language that does not express or imply assurance or special knowledge or competence; or

          (B) the following disclaimer language when used by a person without a license, a practice privilege, or an out-of-state exemption in connection with financial statements:
               (i) “I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing, in the form of financial statements, information that is the representation of management (owners).”; or

               (ii) “I (we) have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them.”;

     (20) “state” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.




Sec. 08.04.690. Short title.
This chapter may be cited as the Accountancy Act.


Chapter 06. Acupuncture.

Sec. 08.06.010. Practice of acupuncture without license prohibited.
A person may not practice acupuncture without a license.


Sec. 08.06.020. Application for license.
A person desiring to practice acupuncture shall apply in writing to the department.


Sec. 08.06.030. License to practice acupuncture.
 (a) A person is qualified to receive a license to practice acupuncture if the person
     (1) is of good moral character;

     (2) is at least 21 years of age;

     (3) either
          (A) has completed a course of study consistent with the core curriculum and guidelines of the Accreditation Commission for Acupuncture and Oriental Medicine at a school of acupuncture approved by the department; or

          (B) is licensed to practice acupuncture in another jurisdiction that has acupuncture licensing requirements equivalent to those of this state;

     (4) is qualified for certification by the National Certification Commission for Acupuncture and Oriental Medicine as a diplomate in acupuncture;

     (5) does not have a disciplinary proceeding or unresolved complaint pending at the time of application; and

     (6) has not had a license to practice acupuncture suspended or revoked in this state or in another jurisdiction.

 (b) The department shall issue a license to practice acupuncture to each person who is qualified and who pays the appropriate fee.

 (c) Each person licensed to practice acupuncture under this chapter shall display the license in a conspicuous place where the licensee practices.




Sec. 08.06.040. Renewal of license.
The department may not renew a license under this chapter unless the applicant demonstrates continued competence as an acupuncturist in a manner established by the department in regulations.


Sec. 08.06.050. Disclosure.
 (a) A person who practices acupuncture shall disclose that the person’s training and practice are in acupuncture
     (1) to each patient; and

     (2) on all material used in the practice of acupuncture and made available to patients or to the public.

 (b) A person who practices acupuncture without being covered by malpractice insurance shall disclose to each patient that the person does not have the insurance.




Sec. 08.06.060. Restrictions on practice of acupuncture.
A person who practices acupuncture may not
     (1) give, prescribe, or recommend in the practice a
          (A) prescription drug;

          (B) controlled substance;

          (C) poison;

     (2) engage in surgery; or

     (3) use the word “physician” in the person’s title unless the person is also licensed as a physician.




Sec. 08.06.070. Grounds for imposition of disciplinary sanctions.
After a hearing, the department may impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) intentionally or negligently engaged in patient care, or permitted the performance of patient care by persons under the licensee’s supervision, that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;

     (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;

     (7) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) failure to keep informed of current professional practices;

          (C) addiction to or severe dependency on alcohol or other drugs that impairs the ability to practice safely;

          (D) physical or mental disability; or

     (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.




Sec. 08.06.080. Exemption.
This chapter does not apply to a person who practices acupuncture under AS 08.36 or AS 08.64.


Sec. 08.06.090. Penalty.
A person who violates this chapter or a regulation adopted under this chapter is guilty of a class B misdemeanor.


Sec. 08.06.100. Regulations.
The department may adopt regulations to implement this chapter, including regulations establishing
     (1) standards for the practice of acupuncture;

     (2) standards for continuing education and training;

     (3) a code of ethics for the practice of acupuncture.




Sec. 08.06.190. Definitions.
In this chapter,
     (1) “acupuncture” means a form of healing developed from traditional Chinese medical concepts that uses the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions;

     (2) “department” means the Department of Commerce, Community, and Economic Development;

     (3) “practice of acupuncture” means the insertion of sterile acupuncture needles and the application of moxibustion to specific areas of the human body based upon acupuncture diagnosis; the practice of acupuncture includes adjunctive therapies involving mechanical, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and therapeutic exercise.




Chapter 07. Athletic Trainers.

Sec. 08.07.010. License required.
 (a) An individual may not practice or offer to practice athletic training, or allow another person to offer athletic training by the individual, in the state without being licensed under this chapter, unless the individual is
     (1) a student in an accredited athletic trainer program who is practicing athletic training under the supervision of an athletic trainer or a person licensed to practice medicine or osteopathy under AS 08.64;

     (2) licensed, certified, or registered as an athletic trainer in another state and is present in the state for not more than 90 days in a calendar year for a specific athletic event or series of athletic events with an individual or group not based in the state; or

     (3) in the military service of the United States or as an employee of the federal government performing athletic training services within the scope of the individual’s official duties.

 (b) This section does not prohibit a person licensed under another chapter of this title from performing functions defined as athletic training if those functions are within the scope of that person’s license and the person does not use a title listed in (d) of this section.

 (c) Nothing in this chapter requires licensing of a coach or fitness trainer who
     (1) does not use a title listed in (d) of this section; and

     (2) is acting within the scope of the person’s duties as a coach or fitness trainer.

 (d) Unless licensed under this chapter or exempted under (a)(2) or (3) of this section, an individual may not use the titles “athletic trainer,” “licensed athletic trainer,” “certified athletic trainer,” “athletic trainer certified,” “A.T.,” “A.T.L.,” “C.A.T.,” “A.T.C.,” or any combination of those terms to indicate that the individual is a licensed athletic trainer.




Sec. 08.07.020. Qualifications for license; fee; renewal.
 (a) The department shall issue an athletic trainer license to an individual who
     (1) applies to the department on a form provided by the department;

     (2) meets the requirements established in regulation by the department;

     (3) pays the fees established by the department; and

     (4) provides proof of certification by the Board of Certification, Inc., or another nationally recognized professional association approved by the department.

 (b) An athletic trainer license may be renewed upon proof of certification by the Board of Certification, Inc., or another nationally recognized professional association approved by the department and as provided in AS 08.01.100.




Sec. 08.07.030. Scope of practice of athletic trainers.
 (a) An athletic trainer may practice athletic training only under the direction of a person licensed to practice medicine or osteopathy under AS 08.64. In this subsection, “direction” means the physician authorizes a procedure by a verbal order if the physician is present or by written order, telecommunication, or athletic training treatment plans, protocols, or standing orders established by the physician if the physician is not present.

 (b) An athletic trainer shall immediately refer an athlete to an appropriate licensed health care professional if the athletic trainer determines that athletic training is contraindicated or the symptoms or conditions present require treatment outside the scope of practice of an athletic trainer.

 (c) The practice of an athletic trainer includes
     (1) the treatment of an athlete for an athletic injury or illness prevention;

     (2) the clinical evaluation and assessment of an athlete for an athletic injury or illness sustained or exacerbated while participating in an athletic or sport-related exercise or activity;

     (3) the immediate care and treatment of an athlete for an athletic injury or illness sustained or exacerbated while participating in an athletic or sport-related exercise or activity; and

     (4) the rehabilitation and reconditioning of an athlete from an athletic injury or illness sustained or exacerbated while participating in an athletic or sport-related exercise or activity.

 (d) In this section, “health care professional” has the meaning given to “health care provider” in AS 09.65.300.




Sec. 08.07.040. Regulations.
After consulting the professional standards issued by the Board of Certification, Inc., the board’s successor, or another nationally recognized professional association approved by the department, the department shall adopt regulations to protect the public, ensure quality patient care, and regulate the licensing of athletic trainers that include
     (1) minimum standards for licensure as an athletic trainer;

     (2) minimum standards of care for practice as an athletic trainer; and

     (3) continuing education requirements.




Sec. 08.07.090. Definitions.
In this chapter,
     (1) “athlete” means an individual who participates in an athletic or sport-related exercise or activity, including interscholastic, intercollegiate, intramural, semiprofessional, and professional sports activities;

     (2) “athletic injury or illness” means an injury or illness sustained or exacerbated through participation in an activity, exercise, recreation, sport, or game requiring physical strength, range of motion, flexibility, body awareness and control, speed, stamina, or agility of a type sustained in association with sports participation as part of an educational institution, professional sports club, amateur sports club, recreational sports club, or organization;

     (3) “athletic trainer” means an individual who is licensed under AS 08.07.020 to practice athletic training in this state;

     (4) “athletic training” means injury and illness prevention and the evaluation, assessment, immediate care, treatment, rehabilitation, and reconditioning of an athletic injury or illness.




Article 1. The Alaska Bar Association.


Chapter 08. Attorneys.

Sec. 08.08.010. Creation of Alaska Bar Association.
There is created an instrumentality of the state known as the Alaska Bar Association, referred to in this chapter as the Alaska Bar. The Alaska Bar shall have a common seal, may sue and be sued, and may, for the purpose of carrying into effect and promoting the objects of the Alaska Bar, enter into contracts and acquire, hold, encumber, and dispose of real and personal property.


Sec. 08.08.020. Members.
 (a) Every person licensed to practice law in the state shall become a member in the Alaska Bar. All active and inactive members in good standing as of September 14, 1976, shall be considered to be members.

 (b) A person licensed to practice law in the state who, on September 14, 1976, is not enrolled on the membership rolls, shall be reinstated as a member only in accordance with the Alaska Bar Rules.




Article 2. The Board of Governors and Officers.


Sec. 08.08.030. Governance of the Alaska Bar.
The Alaska Bar is governed by the Board of Governors of the Alaska Bar. The board has the powers and duties conferred by this chapter and by the Alaska Bar Rules. Members of the board do not receive a salary.


Sec. 08.08.040. Board of Governors of the Alaska Bar.
 (a) There is created a Board of Governors of the Alaska Bar to be elected under bylaws and regulations adopted by the board.

 (b) The board consists of nine active members elected by the active members of the Alaska Bar and three persons appointed by the governor who are not attorneys.




Sec. 08.08.050. Selection of the board.
 (a) Two members of the board shall be elected by and from among the members of the association resident in the first judicial district; four members of the board shall be elected by and from among the members of the association resident in the third judicial district; two members by and from among the members of the association resident in the combined area of the second and fourth judicial districts; and one member of the board shall be elected at large by and from among the members of the association residing in the entire state. Three members who are not attorneys shall be appointed by the governor and are subject to confirmation by the legislature in joint session.

 (b) Members of the Board of Governors shall hold office for three years and until their successors are elected or appointed and qualified.

 (c) Four board members shall be selected on the following triennial rotation:
     (1) in the first year, one member from the first judicial district, one member from the combined area of the second and fourth judicial districts, one member from the third judicial district, and one appointed member;

     (2) in the second year, one member at large, two members from the third judicial district, and one appointed member; and

     (3) in the third year, one member from the combined area of the second and fourth judicial districts, one member from the third judicial district, one member from the first judicial district, and one appointed member.




Sec. 08.08.060. Election of officers.
The active members of the Alaska Bar who are in actual attendance at the association’s annual convention shall elect by a majority vote during the convention the association’s officers from the membership of the Board of Governors.


Sec. 08.08.070. Vacancies on the board.
 (a) The board shall fill a vacancy in the elected membership of the board until the next annual election.

 (b) The governor shall appoint a member to fill a vacancy in the appointed membership of the board for the unexpired term.




Sec. 08.08.075. Meetings of the board.
AS 44.62.310 — 44.62.319 (Open Meetings Act) apply to the meetings of the board. Members of the Alaska Bar and the public shall be given 30 days’ notice of meetings of the board except for emergency meetings. Meetings of the board shall take place in the state.


Sec. 08.08.080. Powers of board.
 (a) Except as may be otherwise provided in this chapter or the Alaska Bar Rules, the board may approve and recommend to the state supreme court rules
     (1) concerning admission, discipline, licensing, continuing legal education, and defining the practice of law;

     (2) providing for continuing legal education and for certification of a continuing legal education program;

     (3) establishing a program for the certification of attorneys as specialists.

 (b) The board may adopt bylaws and regulations consistent with this chapter and the Alaska Bar Rules
     (1) concerning membership and the classification of membership in the Alaska Bar;

     (2) fixing the annual membership fees;

     (3) concerning annual and special meetings.

 (c) Consistent with this chapter and the Alaska Bar Rules, the board may
     (1) provide for employees of the Alaska Bar, the time, place and method of their selection, and their respective powers, duties, terms of office, and compensation;

     (2) establish, collect, deposit, invest, and disburse membership and admission fees, penalties, and other funds;

     (3) sue in the name of the Alaska Bar in a court of competent jurisdiction to enjoin a person from doing an act constituting a violation of this chapter;

     (4) provide for all other matters affecting in any way the organization and functioning of the Alaska Bar.




Sec. 08.08.082. Continuing legal education for board members.
A member of the Board of Governors each year shall complete the mandatory ethics continuing legal education requirements and the voluntary continuing legal education requirements set out in the Alaska Bar Rules.


Sec. 08.08.085. Annual report.
 (a) The Board of Governors shall annually prepare a report on all matters concerning admissions, discipline of members, and disbarment proceedings, except for those matters defined as confidential by court rule, and notify the legislature that the report is available.

 (b) The annual report of the Board of Governors must note each addition, modification, or repeal of
     (1) a bylaw or regulation of the Alaska Bar;

     (2) the Alaska Bar Rules proposed to or adopted by the state supreme court.

 (c) The annual report of the Board of Governors may recommend to the legislature changes to this chapter and to the provisions of state law generally.




Sec. 08.08.090. Power of the bar to make or change bylaws and regulations.
A bylaw or regulation adopted by the Board of Governors may be modified or rescinded, or a new bylaw or regulation may be adopted, by a vote of the active members of the association under bylaws and regulations to be adopted by the Board of Governors.


Sec. 08.08.100. Administrative Procedure Act.
The bylaws and regulations adopted by the board or the members of the Alaska Bar under this chapter are not subject to AS 44.62 (Administrative Procedure Act).


Secs. 08.08.110 — 08.08.120. Admission, suspension and disbarment; disqualification to hear disciplinary matters. [Repealed, § 11 ch 181 SLA 1976.]

Article 3. Admission to Alaska Bar.


Sec. 08.08.130. Eligibility for admission. [Repealed, § 11 ch 181 SLA 1976.]
Sec. 08.08.135. Study of law in office of practicing attorney. [Repealed, § 2 ch 135 SLA 1967.]
Sec. 08.08.136. Assistance from law enforcement officers.
State and local law enforcement officers shall assist the Board of Governors in the processing of fingerprints of applicants seeking admission to the Alaska Bar Association and shall release the resulting information to the association.


Sec. 08.08.137. Fingerprints; social security number.
The Board of Governors shall require an applicant for admission to be fingerprinted and to provide the applicant’s social security number and provide the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. The fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400. The Board of Governors may use the information obtained from the fingerprinting only in its official determination of the character and fitness of the applicant for admission to the Alaska Bar Association. The applicant’s social security number shall be provided to the child support services agency established in AS 25.27.010, or the child support enforcement agency of another state, upon request by the respective agency; the requesting agency may use that information only for child support purposes authorized under law.


Secs. 08.08.140 — 08.08.200. Out-of-state attorneys; fee provisions; procedure for admission. [Repealed, § 11 ch 181 SLA 1976.]
Sec. 08.08.201. Administration of bar examination.
 (a) The Board of Governors shall administer the bar examination under the Alaska Bar Rules.

 (b) The Board of Governors may contract with another state or a testing organization for the preparation and grading of a portion of the Alaska Bar examination.

 (c) The Board of Governors shall contract with persons experienced in the administration of bar examinations for advice on the preparation and grading of the portion of the bar examination prepared under the direction of the board.

 (d) The Board of Governors shall establish and maintain standards for experience and training of persons who administer the portion of the bar examination prepared under the direction of the board.




Sec. 08.08.205. Eligibility to take bar examination.
Applicants who have not graduated from an accredited law school but are otherwise qualified may take the bar examination if they have completed a clerkship in the manner prescribed by AS 08.08.207.


Sec. 08.08.207. Law clerks.
 (a) Every person who desires subsequently to qualify as a general applicant for admission to the Alaska Bar without having been graduated from an approved law school shall register as a law clerk as provided by this section. The person shall present satisfactory proof that the person has been granted a bachelor’s degree, other than bachelor of laws, by a college or university offering the degree on the basis of a four-year course of study and has successfully completed the first year of studies at a law school.

 (b) The applicant shall obtain regular and full-time employment as a law clerk in the office of a judge of a court of record or an attorney or firm of attorneys licensed to practice law in Alaska and engaged in the general practice of law. The person by whom the applicant is employed, or, if the applicant is employed by a firm, the person under whose direction the applicant is to study, must have been admitted to practice law in this state for at least five years at the time the application for registration is filed, and be otherwise eligible to act as tutor. Before the commencement of the study of law under this section, the applicant shall file with the university an application to register as a law clerk. The application shall be made on a form to be provided by the university and shall require answers to interrogatories the university may determine from time to time to be relevant to a consideration of the application. Proof of a fact stated in the application may be required by the university. If the applicant fails or refuses to furnish any information or proof or answer any interrogatory required by the application, or independently by the university, in a manner satisfactory to the university, the application may be denied.

 (c) Accompanying the application there must be submitted a statement under oath of the person by whom the applicant is employed as a law clerk, or, if the applicant is employed by a firm, of the person under whose direction the applicant is to study, certifying to the fact of the employment and that that person will act as tutor for the applicant and will faithfully instruct the applicant in the branches of the law prescribed by the course of study adopted by the university. A person is not eligible to act as tutor while disciplinary proceedings (following the service of a formal complaint) are pending against the person, or if the person has ever been censured, reprimanded, suspended or disbarred. If a registered law clerk finds it necessary to change tutors during the period of study, a new application for registration as a law clerk is required and such credit given for study under a prior tutor as the university may determine.

 (d) A law clerk whose registration has been approved by the university must pursue a course of study for three calendar years of at least 44 weeks each year, with a minimum each week of 35 hours of study (it being understood that the time actually spent in the performance of the duties of law clerk is to be considered as time spent in the study of law). The tutor must give personal direction regularly and frequently to the clerk, must examine the law clerk at least once a month on the work done in the previous month, and must certify monthly as to compliance with the requirements of this subsection and (e) and (g) of this section.

 (e) The examinations shall be written and not oral, and shall be answered by the clerk without research or assistance during the examination. The monthly certificate of compliance submitted by the tutor shall be accompanied by the originals of all written examinations and answers given during the period reported. If the certificates, together with the required attachments, are not filed timely with the university, no credit may be given for any period of the default.

 (f) If a registered law clerk does not furnish evidence of completion of law studies within a period of six years after registration, the university may cancel the registration.

 (g) The course of study to be pursued by a registered law clerk shall cover subjects, textbooks, casebooks, and other material the university may from time to time require.

 (h) A registered law clerk who has attended either an approved or a nonapproved law school may, in the discretion of the university, receive credit for work done and obtain advanced standing. In no event will credit be given for fractional parts of semesters or terms, or for correspondence school work.

 (i) In this section,
     (1) “law school” means a law school accredited, approved or meeting the standards of the Council of Legal Education of the American Bar Association or the Association of American Law Schools; or a school in Alaska offering a course of study which the university approves as the equivalent to a year’s study in a law school under this section;

     (2) “university” means the University of Alaska.




Article 4. Unlawful Acts.


Sec. 08.08.210. Who may practice law.
 (a) A person may not engage in the practice of law in the state unless the person is licensed to practice law in Alaska and is an active member of the Alaska Bar. A member of the bar in good standing in another jurisdiction may appear in the courts of the state under the rules the supreme court may adopt.

 (b) The practice of law shall be defined in the Alaska Bar Rules.

 (c) This section and AS 08.08.230 do not apply to the practice of law for the legislature by a person employed by or under contract with the legislature until the results are released of the third Alaska Bar examination following that person’s employment.

 (d) Employees of the Department of Law, the Public Defender Agency, and the office of public advocacy, whose activities would constitute the practice of law under this chapter and under Alaska Bar Rules are required to obtain a license to practice law in Alaska no later than 10 months following the commencement of their employment.




Sec. 08.08.220. Disciplinary proceedings and review. [Repealed, § 5 ch 94 SLA 1980.]
Sec. 08.08.230. Unlawful practice a misdemeanor.
 (a) A person not an active member of the Alaska Bar and not licensed to practice law in Alaska who engages in the practice of law or holds out as entitled to engage in the practice of law as that term is defined in the Alaska Bar Rules, or an active member of the Alaska Bar who wilfully employs such a person knowing that the person is engaging in the practice of law or holding out as entitled to so engage is guilty of a class A misdemeanor.

 (b) This section does not prohibit the use of paralegal personnel as defined by rules of the Alaska supreme court.




Sec. 08.08.240. Suspension upon conviction of certain crime. [Repealed, § 11 ch 181 SLA 1976.]

Article 5. General Provisions.


Sec. 08.08.245. Definitions. [Repealed, § 3 ch 135 SLA 1967.]
Sec. 08.08.250. Short title.
This chapter may be cited as the Alaska Integrated Bar Act.


Chapter 11. Audiologists and Speech-language Pathologists.

Sec. 08.11.010. Qualifications for audiologist license.
The department shall issue a license to practice audiology to an individual who
     (1) is 18 years of age or older;

     (2) applies on a form provided by the department;

     (3) pays the fee required under AS 08.11.050;

     (4) furnishes evidence satisfactory to the department that the person
          (A) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.11.080;

          (B) holds a master’s degree or doctorate in audiology from an accredited educational institution approved by the department; and either has
               (i) a Certificate of Clinical Competence in Audiology from the American Speech-Language-Hearing Association or the equivalent of the certificate; or

               (ii) practiced audiology for two years as of January 1, 1986, or is in the process of completing the year of supervised clinical experience required for the Certificate of Clinical Competence of the American Speech-Language-Hearing Association.




Sec. 08.11.015. Qualifications for speech-language pathologist license.
The department shall issue a license to practice speech-language pathology to an individual who
     (1) is 18 years of age or older;

     (2) applies on a form provided by the department;

     (3) pays the fee required under AS 08.11.050;

     (4) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.11.085; and

     (5) furnishes evidence satisfactory to the department that the person holds a Certificate of Clinical Competence in speech-language pathology from the American Speech-Language-Hearing Association or the equivalent of the certificate.




Sec. 08.11.020. Temporary license to practice audiology as an audiologist.
 (a) On receipt of the completed application the department shall issue a temporary license for the practice of audiology as an audiologist to an individual who is licensed to practice audiology in another state and has submitted to the department an application for a license under AS 08.11.010.

 (b) The department may issue a temporary license to the following:
     (1) a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual is licensed to practice audiology in another state, territory of the United States, foreign country, or province that has requirements for a license to practice audiology that are substantially equivalent to or higher than the requirements of AS 08.11.010;

     (2) a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual meets the qualifications and requirements for a license under AS 08.11.010, and resides in a state or territory of the United States or a foreign country or province that does not license individuals to practice audiology.

 (c) The department may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section.




Sec. 08.11.025. Temporary license to practice speech-language pathology as a speech-language pathologist.
 (a) The department may issue a temporary license for the practice of speech-language pathology as a speech-language pathologist to an individual who is licensed to practice speech-language pathology in another state and has submitted to the department an application for a license and appropriate fees under AS 08.11.015.

 (b) Subject to (c) and (d) of this section, the department may issue a temporary license to the following:
     (1) a nonresident for the practice of speech-language pathology as a speech-language pathologist in the state for 60 days or less in a calendar year, if the individual is licensed to practice speech-language pathology in another state, territory of the United States, foreign country, or province that has requirements for a license to practice speech-language pathology that are substantially equivalent to or higher than the requirements of AS 08.11.015;

     (2) a nonresident for the practice of speech-language pathology as a speech-language pathologist in the state for 60 days or less in a calendar year, if the individual meets the qualifications and requirements for a license under AS 08.11.015 and resides in a state or territory of the United States or a foreign country or province that does not license individuals to practice speech-language pathology;

     (3) a person, whether a resident or not, who is in the process of completing a year of supervised clinical experience required for a certificate of clinical competence in speech-language pathology from the American Speech-Language Hearing Association.

 (c) The department shall deny a temporary license to an applicant under (b) of this section if the board finds that the applicant has committed an act that is grounds for a disciplinary sanction under AS 08.11.085.

 (d) The department may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section.




Sec. 08.11.030. Reinstatement of lapsed license or registration; renewal of suspended license or registration.
 (a) [Repealed, § 49 ch 94 SLA 1987.]
 (b) [Repealed, § 49 ch 94 SLA 1987.]
 (c) The department may reinstate a lapsed license or registration if the license or registration has lapsed for less than two years and if the individual submits to the department an application for renewal and pays a delinquency fee in addition to the renewal fee.

 (d) A suspended license or registration is subject to expiration and must be renewed as provided in AS 08.01.100, but the renewal does not entitle the individual while the license or registration remains suspended to practice audiology, speech-language pathology, or as a speech-language pathologist assistant, or to engage in other activity or conduct that violates the order or judgment that suspended the license.




Sec. 08.11.040. Display of license.
 (a) An individual licensed to practice audiology as an audiologist or licensed to practice speech-language pathology as a speech-language pathologist in the state shall display the license in a prominent place at each place of business of the individual.

 (b) If an audiologist or speech-language pathologist has more than one place of business, the department shall, on request and payment of a fee, issue a duplicate license for each place of business of the individual.




Sec. 08.11.042. Activities of speech-language pathologist assistant.
 (a) A person may not practice as a speech-language pathologist assistant in the state without registration under this chapter.

 (b) Except as provided in (e) of this section, a person registered under this chapter and who is under the immediate supervision of a person licensed as a speech-language pathologist in the state may perform treatment of a person who is medically fragile, as determined by the licensed speech-language pathologist, or who otherwise demonstrates a need for assistance with feeding or swallowing.

 (c) Except as provided in (b) and (e) of this section, a person registered under this chapter and who is under the direct supervision of a person licensed as a speech-language pathologist in the state may perform screening and treatment techniques or activities and assist the speech-language pathologist during assessments, research, in-service training, and public relations activities.

 (d) Except as provided in (b), (c), and (e) of this section, a person registered under this chapter and who is under the indirect supervision of a person licensed as a speech-language pathologist in the state may
     (1) perform screening and treatment activities, excluding interpretation, if the supervising speech-language pathologist has previously given instruction on the performance of those screening and treatment activities, has observed the assistant in the performance of those activities, and has determined that the speech-language pathologist assistant is competent to perform those activities;

     (2) conduct clerical tasks, including record keeping, documentation of a person’s progress toward meeting established objectives as stated in the treatment plan or individualized education plan, scheduling, and equipment maintenance;

     (3) implement a documented treatment plan, individualized education plan, or protocol developed by the supervising speech-language pathologist;

     (4) sign treatment notes if the note is reviewed and cosigned by the supervising speech-language pathologist; and

     (5) discuss with the client and the client’s family members or guardian behaviors observed by the speech-language pathologist assistant during treatment of the client when the behaviors are supported by documented objective data.

 (e) A registered speech-language pathologist assistant may not
     (1) administer diagnostic assessment tools, perform formal or informal evaluations, or interpret test or evaluation results;

     (2) participate in family conferences, on an interdisciplinary team, at a staff meeting, or at an individualized education plan meeting in which diagnostic information is interpreted or in which plans for a client’s treatment are developed or reviewed without the presence of a licensed speech-language pathologist;

     (3) write, develop, or modify a client’s treatment plan or individualized education plan;

     (4) assist a client without following a documented treatment plan or individualized education plan that has been prepared by a licensed and adequately trained speech-language pathologist;

     (5) sign a client record or billing record that does not contain the signature of a licensed speech-language pathologist;

     (6) select a person for speech-language pathology services;

     (7) provide counseling to a client or a client’s family or guardian;

     (8) disclose clinical or confidential information, either orally, in writing, or by electronic means, to anyone not designated in writing to receive the communication by a licensed speech-language pathologist; or

     (9) perform screening of feeding or swallowing functions.




Sec. 08.11.043. Qualifications for speech-language pathologist assistant registration.
 (a) The department shall register an individual as a speech-language pathologist assistant if the individual submits an application on a form approved by the department, pays the required fee, and
     (1) submits proof satisfactory to the department that the individual has successfully completed
          (A) an associate of applied science degree in disabilities with a speech-language support emphasis either from the University of Alaska Anchorage in affiliation with Prince William Sound Community College or from another approved program; or

          (B) a bachelor’s degree in speech-language pathology from an accredited institution; and

     (2) submits proof satisfactory to the department that the individual has successfully completed 100 hours of field work supervised by a licensed speech-language pathologist.

 (b) Notwithstanding the requirements of (a) of this section, the department shall register an individual as a speech-language pathologist assistant if the individual provides proof satisfactory to the department that the individual has been employed in a position for at least one year preceding July 1, 2004, that includes the practice of speech-language pathologist assistant as set out in AS 08.11.042 and if the individual
     (1) submits an application on a form approved by the department;

     (2) pays the required fee;

     (3) submits proof satisfactory to the department that the individual has passed a competency-based checklist examination adopted by the department; and

     (4) submits a written recommendation from a licensed speech-language pathologist in support of the application.

 (c) The department shall maintain a registry of individuals registered under this section and shall notify an applicant in writing of a decision to approve or deny an application under this section. An approval is valid for two years, except as provided under AS 08.11.083.

 (d) The department shall renew a valid registration issued under this chapter if the speech-language pathologist assistant submits a timely application on a form approved by the department accompanied by a sworn statement that the applicant has available documentation of approved continuing education consisting of 15 clock hours for the preceding two years. The department shall approve continuing education if the education is provided at state or regional conferences, workshops, formal in-service training, independent study programs, or a combination of these, and pertains to communication disorders.




Sec. 08.11.045. Supervision of speech-language pathologist assistant.
 (a) A speech-language pathologist qualified under (b) of this section shall design and implement a plan for supervision of a speech-language pathologist assistant that protects the client and that maintains the highest possible standard of care. The amount of supervision required in the plan must be documented and must take into account the experience and skills of the speech-language pathologist assistant, the client’s needs, the service setting, the tasks assigned, and the laws governing the activities of the speech-language pathologist assistant. A plan for supervision must provide for direct supervision of the speech-language pathologist assistant for at least 50 percent of the speech-language pathologist assistant services during the first 90 days of employment of the speech-language pathologist assistant and, after the first 90 days of employment, for at least 20 percent of the speech-language pathologist assistant services.

 (b) A speech-language pathologist is qualified to supervise a speech-language pathologist assistant only if the speech-language pathologist is familiar with all applicable laws and
     (1) is licensed under this chapter; or

     (2) has a valid Type A or Type C teaching certificate issued under AS 14.20 with an endorsement in speech-language pathology, speech and hearing sciences, or communication disorders.

 (c) A speech-language pathologist qualified under (b) of this section who agrees to supervise a speech-language pathologist assistant shall
     (1) monitor and evaluate the services provided and documentation completed by the speech-language pathologist assistant, including the competency level for the type of client and service site and compliance with all applicable laws;

     (2) assist the speech-language pathologist assistant in the development of a professional development plan that includes at least 15 clock hours of approved continuing education under AS 08.11.043(d) biennially; and

     (3) direct the handling of emergencies by the speech-language pathologist assistant.

 (d) A speech-language pathologist may not supervise more than two individuals or carry a higher caseload of clients while supervising a speech-language pathologist assistant than when the speech-language pathologist was not supervising a speech-language pathologist assistant.




Sec. 08.11.050. Fees.
The department shall set fees under AS 08.01.065 for each of the following:
     (1) application;

     (2) credential review;

     (3) audiologist license and speech-language pathologist license;

     (4) temporary license;

     (5) renewal of license;

     (6) delinquency;

     (7) reinstatement;

     (8) duplicate license;

     (9) speech-language pathologist assistant registration application and renewal.




Sec. 08.11.070. Dealing in hearing aids.
An audiologist may deal in hearing aids as a hearing aid dealer without being licensed as a hearing aid dealer under AS 08.55, but shall comply with AS 08.55.050, 08.55.070, 08.55.100, 08.55.110(a), 08.55.110(b)(3) and (c) — (h), and 08.55.130(7) — (13) when dealing in hearing aids.


Sec. 08.11.080. Grounds for imposition of disciplinary sanctions on an audiologist.
 (a) After a hearing, the department may impose a disciplinary sanction on an audiologist when the department finds that the licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of practicing audiology;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the person’s ability to continue to practice competently and safely;

     (5) continued to practice audiology after becoming unfit due to
          (A) professional incompetence;

          (B) use of drugs or alcohol in a manner that affects the person’s ability to practice audiology competently and safely;

          (C) physical or mental disability;

     (6) permitted another person to use the licensee’s license;

     (7) employed a person who does not have a valid current license to practice audiology to perform work as an audiologist covered by this chapter;

     (8) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.

     (b) The department may not impose disciplinary sanctions on an audiologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the audiologist
          (1) or another licensed health care provider is available to provide follow-up care;

          (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the audiologist is not the person’s primary care provider and, if the person consents, the audiologist sends the records to the person’s primary care provider; and

          (3) meets the requirements established by the department in regulation.

     (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.




Sec. 08.11.083. Grounds for imposition of disciplinary sanctions on a speech-language pathologist assistant.
 (a) After a hearing, the department may impose a disciplinary sanction on a registered speech-language pathologist assistant when the department finds that the registrant
     (1) secured a registration through deceit, fraud, or intentional misrepresentation;

     (2) fraudulently or deceptively used a registration;

     (3) altered a registration;

     (4) sold, bartered, or offered to sell or barter a registration;

     (5) engaged in deceit, fraud, or intentional misrepresentation in the course of assisting in the practicing of speech-language pathology;

     (6) advertised speech-language services in a manner that is false, misleading, or deceptive;

     (7) has been convicted of a felony or other crime that affects the person’s ability to continue to practice competently and safely, including a crime involving drugs or alcohol;

     (8) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients;

     (9) continued to practice speech-language pathology after becoming unfit due to
          (A) professional incompetence or gross negligence;

          (B) use of drugs or alcohol in a manner that affects the person’s ability to practice speech-language pathology competently and safely;

          (C) a physical or mental disability;

     (10) permitted another person to use the registrant’s registration;

     (11) has been disciplined by an official government body with jurisdiction over licensure, certification, or registration of a health care or teaching practice; a certified copy of the final disciplinary action constitutes conclusive evidence against the person;

     (12) failed to maintain confidentiality except as otherwise required or permitted by law;

     (13) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.

     (b) The department may not impose disciplinary sanctions on a speech- language pathologist assistant for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist assistant
          (1) or another licensed health care provider is available to provide follow-up care;

          (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist assistant is not the person’s primary care provider and, if the person consents, the speech-language pathologist assistant sends the records to the person’s primary care provider; and

          (3) meets the requirements established by the board in regulation.

     (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.




Sec. 08.11.085. Grounds for imposition of disciplinary sanctions on a speech-language pathologist.
 (a) After a hearing, the department may impose a disciplinary sanction on a speech-language pathologist when the department finds that the licensee
     (1) secured a license or temporary license through deceit, fraud, or intentional misrepresentation;

     (2) fraudulently or deceptively used a license or temporary license;

     (3) altered a license or temporary license;

     (4) sold, bartered, or offered to sell or barter a license or temporary license;

     (5) engaged in deceit, fraud, or intentional misrepresentation in the course of practicing speech-language pathology;

     (6) advertised professional services in a false or misleading manner;

     (7) has been convicted of a felony or other crime that affects the person’s ability to continue to practice competently and safely;

     (8) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients;

     (9) continued to practice speech-language pathology after becoming unfit due to
          (A) professional incompetence;

          (B) use of drugs or alcohol in a manner that affects the person’s ability to practice speech-language pathology competently and safely;

          (C) a physical or mental disability;

     (10) permitted another person to use the licensee’s license or temporary license;

     (11) employed a person who does not have a valid current license or temporary license to practice speech-language pathology to perform work as a speech-language pathologist covered by this chapter;

     (12) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.

     (b) The department may not impose disciplinary sanctions on a speech- language pathologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist
          (1) or another licensed health care provider is available to provide follow-up care;

          (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist is not the person’s primary care provider and, if the person consents, the speech-language pathologist sends the records to the person’s primary care provider; and

          (3) meets the requirements established by the board in regulation.

     (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.




Sec. 08.11.090. Disciplinary sanctions.
 (a) When it finds that an audiologist has committed an act listed in AS 08.11.080, that a speech-language pathologist has committed an act listed in AS 08.11.085, or that a speech-language pathologist assistant has committed an act listed in AS 08.11.083, the department may impose the following sanctions singly or in combination:
     (1) permanently revoke a license or registration to practice;

     (2) suspend a license or registration for a determinate period of time;

     (3) censure a licensee or registrant;

     (4) issue a letter of reprimand;

     (5) place a licensee or registrant on probationary status and require the licensee or registrant to
          (A) report regularly to the department on matters involving the basis of probation;

          (B) limit practice to those areas prescribed;

          (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the department to need improvement;

     (6) impose limitations or conditions on the practice of a licensee or registrant.

 (b) The department may withdraw a limitation, condition, or probationary status if it finds that the deficiency that required the sanction has been remedied.

 (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public welfare and safety if the licensee continues to practice. An individual whose license is suspended under this subsection is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) not later than seven days after the effective date of the order. The individual may appeal the suspension after the hearing to the superior court.

 (d) The department may reinstate a license or registration that has been suspended or revoked if the department finds after a hearing that the individual is able to practice with reasonable skill and safety.

 (e) One year after revocation of a license or registration issued under this chapter, the individual whose license or registration was revoked may reapply for the license or registration. The department may require an examination for reinstatement.

 (f) The department may place a registrant on probation, with the costs of probation to be borne by the registrant
     (1) in lieu of revocation or suspension;

     (2) upon the issuance of a registration to an individual who has been found guilty of unprofessional conduct but who otherwise qualifies for registration under this chapter; or

     (3) as a condition upon the reissuance or reinstatement of any registration that has been suspended or revoked by the department.

 (g) The department may require a registrant who has been placed on probation or who has been suspended to obtain additional professional training, including continuing education or clinical or field work.




Sec. 08.11.095. Revocation of speech-language pathologist license.
After a hearing, the department shall revoke the speech-language pathologist license of a person who does not continue to be able to furnish the evidence required for licensure under AS 08.11.015(5).


Sec. 08.11.100. Prohibited acts.
 (a) Unless a person is licensed as an audiologist under this chapter, the person may not
     (1) practice audiology;

     (2) use a title indicating or representing that the person practices as an audiologist;

     (3) advertise that the person practices audiology.

 (b) Unless a person is licensed as a speech-language pathologist under this chapter, the person may not
     (1) practice speech-language pathology;

     (2) use a title indicating or representing that the person practices as a speech-language pathologist;

     (3) advertise that the person practices speech-language pathology.




Sec. 08.11.110. Penalty.
A person who violates AS 08.11.100 is guilty of a class B misdemeanor.


Sec. 08.11.120. Audiology exemptions.
 (a) This chapter does not apply to an individual who practices audiology consistent with the accepted standards and code of ethics of the individual’s profession as part of the individual’s duties as
     (1) a physician licensed under AS 08.64;

     (2) an employee of the federal government who is required to practice audiology during the employment, if
          (A) the employer maintains appropriate supervision of the individual’s practice of audiology;

          (B) the individual practices audiology as part of the duties for which the individual is employed;

          (C) the individual practices audiology in the facility where the individual is employed or under the supervision of the federal governmental unit where the individual is employed; and

          (D) the individual does not render or offer to render audiology services to the public for compensation in addition to the salary the individual receives from the federal governmental unit;

     (3) a student, intern, or resident pursuing a course of study in audiology at an accredited college or a clinical training facility approved by the department, if the activities of the student, intern, or resident constitute part of a supervised course of study and the student, intern, or resident is designated as an “audiology intern,” “audiology trainee,” or other title approved by the department that clearly indicates that the person is training to be an audiologist.

 (b) Notwithstanding the provisions of this chapter,
     (1) a nurse licensed under AS 08.68 may perform hearing sensitivity evaluations;

     (2) an individual licensed as a hearing aid dealer under AS 08.55 may deal in hearing aids;

     (3) an individual holding a class A certificate issued by the Conference of Executives of American Schools of the Deaf may teach the hearing impaired;

     (4) an individual may engage in the testing of hearing as part of a hearing conservation program that complies with the regulations of the Occupational Safety and Health Administration of the federal government if the individual is certified to do the testing by a state or federal agency acceptable to the Occupational Safety and Health Administration;

     (5) an individual may perform hearing screening under AS 47.20.310 if authorized to do so under a protocol adopted under AS 47.20.310(e) by the Department of Health and Social Services.

 (c) An individual who is not an audiologist, but who is exempt under this section, may not use a title or description stating or implying that the person is an audiologist.

 (d) An individual exempt under (a)(2) of this section may consult with and disseminate research findings and scientific information to accredited academic institutions or governmental agencies, and offer lectures to the public for a fee, monetary or otherwise, without being licensed under this chapter.

 (e) An individual who is not licensed under this chapter but who teaches the practice of audiology in an audiologist training program at a college or university may use the title “audiologist” but may not practice audiology.




Sec. 08.11.125. Speech-language pathology exemptions.
 (a) Except as otherwise specifically provided in this section, this chapter does not apply to an individual who practices speech-language pathology as part of the individual’s duties as
     (1) a physician licensed under AS 08.64;

     (2) an employee of, or contractor with, a school district while practicing speech-language pathology for the school district;

     (3) a student, intern, or resident pursuing a course of study in speech-language pathology at an accredited college or a clinical training facility approved by the department if the activities of the student, intern, or resident constitute part of a supervised course of study and the student, intern, or resident is designated as a “speech-language pathology intern,” “speech-language pathology trainee,” or other title approved by the department that clearly indicates that the person is training to be a speech-language pathologist.

 (b) An individual who is not licensed as a speech-language pathologist but who is exempt under (a)(1) or (3) of this section may not use a title or description stating or implying that the person is a speech-language pathologist.

 (c) An individual who is not licensed under this chapter but who teaches the practice of speech-language pathology in a speech-language pathology training program at a college or university may use the title “speech-language pathologist” but may not practice speech-language pathology.




Sec. 08.11.130. Administrative Procedure Act.
AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.


Sec. 08.11.200. Definitions.
In this chapter, unless the context indicates otherwise,
     (1) “audiologist” means an individual who is licensed under AS 08.11.010 to practice audiology in the state;

     (2) “dealing in hearing aids” has the meaning given in AS 08.55.200;

     (3) “department” means the Department of Commerce, Community, and Economic Development;

     (4) “direct supervision” means supervision that is on-site or available by visual or real-time electronic means through which a supervising speech-language pathologist observes and guides a speech-language pathologist assistant while the assistant performs a clinical activity; “direct supervision” may include demonstration, coaching, and observation to the extent that the demonstration, coaching, or observation otherwise meets the requirements of this paragraph;

     (5) “hearing aid” has the meaning given in AS 08.55.200;

     (6) “immediate supervision” means supervision in the physical presence of the speech-language pathologist assistant during the provision of client services by the speech-language pathologist assistant;

     (7) “indirect supervision” means supervision by telephonic or electronic means or by intermittent on-site visits while located either inside or outside of the facility in which the speech-language pathologist assistant is located; “indirect supervision” may include demonstrations, record review, evaluation of audiotaped or videotaped client services, or communication by telephone or electronic mail to the extent that these activities otherwise meet the requirements of this paragraph;

     (8) “practice of audiology” means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, habilitation, rehabilitation, counseling, and instruction related to hearing and hearing impairment for the purpose of modifying communicative disorders involving speech, language, auditory function, including auditory training, speech reading and the recommendation, evaluation, fitting, and sale of hearing aids, including the fitting of ear molds;

     (9) “practice of speech-language pathology” means the application of principles, methods, and procedures related to the development and disorders of human communication, including but not limited to
          (A) screening, identifying, assessing and interpreting, diagnosing, rehabilitating, and preventing disorders of speech, such as articulation, fluency, voice, and language;

          (B) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function or dysphagia or related disorders;

          (C) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating cognitive and communication disorders;

          (D) assessing, selecting, and developing augmentative and alternative communication systems and providing training in their use;

          (E) providing aural rehabilitation and related counseling services to hearing impaired individuals and their families;

          (F) enhancing speech-language proficiency and communication effectiveness, such as accent reduction; and

          (G) screening of hearing and other factors for the purpose of speech-language evaluation or the initial identification of individuals with other communication disorders, provided that judgments and descriptive statements about the results of the screening are limited to pass-fail determinations;

     (10) “screening” means a procedure in which a client is identified by either “pass” or “fail” for purposes of necessitating further evaluation of speech, language, or hearing;

     (11) “speech-language pathologist” means an individual who is licensed under AS 08.11.015 to practice speech-language pathology in the state;

     (12) “supervision” means the provision of direction and evaluation of the tasks assigned.




Chapter 12. Barbers.

[Repealed, § 5 ch 159 SLA 1980.]

Article 1. Board of Barbers and Hairdressers.


Chapter 13. Barbers and Hairdressers.

Sec. 08.13.010. Creation and membership of board.
 (a) There is created the Board of Barbers and Hairdressers consisting of seven members appointed by the governor.

 (b) The board consists of
     (1) one person licensed as a barber under this chapter;

     (2) one person licensed to practice body piercing or licensed to practice tattooing and permanent cosmetic coloring under this chapter;

     (3) two persons licensed as hairdressers under this chapter, one of whom is also licensed as an esthetician under this chapter;

     (4) one public member;

     (5) one person licensed to practice manicuring under this chapter; and

     (6) one person licensed to practice any activity licensed under this chapter.




Sec. 08.13.020. Terms of office and removal of members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]
Sec. 08.13.030. Powers and duties of the board.
 (a) The board shall exercise general control over the vocations of barbering, hairdressing, manicuring, esthetics, and body piercing and the vocation of tattooing and permanent cosmetic coloring.

 (b) The board shall
     (1) examine applicants and approve the issuance of licenses and permits to practice;

     (2) authorize the issuance of licenses for schools of barbering, hairdressing, manicuring, and esthetics;

     (3) develop written instructions and notices that tattooing and permanent cosmetic coloring shop owners and practitioners and body piercing shop owners and practitioners are required to give or display under AS 08.13.215.

 (c) The board may
     (1) suspend or revoke a license or permit;

     (2) on its own motion or upon receipt of a written complaint, conduct hearings and request the Department of Commerce, Community, and Economic Development or the Department of Environmental Conservation to investigate the practices of a person, shop, or school involved in the practice or teaching of barbering, hairdressing, manicuring, esthetics, body piercing, or tattooing and permanent cosmetic coloring;

     (3) adopt regulations or do any act necessary to carry out the provisions of this chapter.




Sec. 08.13.040. Meetings and examinations.
The board shall meet as often as necessary to conduct its business. It shall conduct separate examinations covering the following fields of practice: barbering, hairdressing, advanced manicuring, and esthetics. Examinations shall be given at least twice in every year for each of these fields of practice for which applications for licensure or endorsements are pending. An applicant may take an examination in more than one field during the same testing session. The board may not require an applicant for licensure as a manicurist to take or pass an examination conducted by the board for the field of manicuring; however, nothing in this sentence prohibits the board from requiring a licensed manicurist to pass an examination to obtain an optional endorsement as an advanced manicurist under AS 08.13.080(f).


Sec. 08.13.050. Records of the board.
The Department of Commerce, Community, and Economic Development shall keep a record of the board’s proceedings related to the issuance, refusal, suspension, and revocation of each license and permit. The record shall contain the name of the person to whom a license or permit is issued, the person’s place of business, the date of issuance for each license and permit, and whether it is currently valid. The record shall be open to inspection by the public at all reasonable times.


Article 2. Examination and Licensing.


Sec. 08.13.070. License required.
A person may not
     (1) practice barbering, hairdressing, manicuring, esthetics, body piercing, or tattooing and permanent cosmetic coloring without a license, temporary permit, temporary license, or student permit unless exempted under AS 08.13.160(d);

     (2) practice barbering, hairdressing, manicuring, esthetics, body piercing, or tattooing and permanent cosmetic coloring except in a shop or school licensed under this chapter unless exempted under AS 08.13.160(d) or permitted under AS 08.13.160(e);

     (3) open or conduct a school of barbering, hairdressing, manicuring, or esthetics without a license;

     (4) teach in a school of barbering, hairdressing, manicuring, or esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or esthetics without an instructor’s license;

     (5) operate a shop in violation of AS 08.13.120;

     (6) permit an employee or other person being supervised who is not exempted under AS 08.13.160(d) to practice barbering, hairdressing, manicuring, esthetics, body piercing, or tattooing and permanent cosmetic coloring without a license, temporary permit, temporary license, or student permit;

     (7) permit the use of the person’s license, temporary permit, temporary license, or student permit by another person;

     (8) obtain or attempt to obtain a license, temporary permit, temporary license, or student permit by fraudulent means.




Sec. 08.13.080. Qualifications of applicants.
 (a) An applicant for an examination authorized under AS 08.13.040 must
     (1) have successfully completed all courses that a school with a curriculum in barbering approved by the board is required to teach in order to be licensed under AS 08.13.110 if applying for a license to practice barbering;

     (2) have successfully completed all courses that a school with a curriculum in hairdressing approved by the board is required to teach to be licensed under AS 08.13.110 if applying for a license to practice hairdressing;

     (3) have successfully completed all courses that a school with a curriculum in esthetics approved by the board is required to teach in order to be licensed under AS 08.13.110 if applying for a license to practice esthetics;

     (4) have served an apprenticeship under AS 08.13.082;

     (5) specify the field of practice in which the applicant intends to teach and have held a license to practice in the field for three years or have held a license in the field for one year and have completed 600 hours of student training as an instructor in the field of practice from a licensed school with a curriculum approved by the board if applying for a license as an instructor, except that a person licensed as an instructor in hairdressing may be an instructor in manicuring for courses that satisfy the requirements of (e) of this section, and the board may, by regulation, establish requirements for other manicuring instructors, including instructors who teach courses that satisfy requirements for an advanced manicurist endorsement; or

     (6) have completed course work and, if applicable, an apprenticeship acceptable to the board.

 (b) [Repealed, § 12 ch 27 SLA 2015.]
 (c) [Repealed, § 12 ch 27 SLA 2015.]
 (d) An applicant for a license to practice body piercing or a license to practice tattooing and permanent cosmetic coloring shall
     (1) satisfy the training requirement of AS 08.13.082(d);

     (2) by passing a written examination approved by the board, demonstrate to the board or the board’s designee safety, sanitation, sterilization, and aseptic techniques that indicate that the applicant has adequate knowledge of infection control practices and requirements relating either to tattooing and permanent cosmetic coloring or to body piercing, as applicable; this demonstration may, at the option of the board, also include a practical examination in addition to the written examination; and

     (3) pay the appropriate fee.

 (e) An applicant for a license to practice manicuring shall
     (1) submit documentation that the applicant has completed a course of 12 hours of instruction or training approved by the board that addresses health, safety, and hygiene concerns of manicuring customers and practitioners that are relevant to the practice of manicuring from a school licensed under AS 08.13.110 as a school of manicuring; documentation of completion of the course must include certification from the school that the applicant has passed a test given by the school covering the health, safety, and hygiene concerns of manicuring customers and practitioners that are relevant to the practice of manicuring; and

     (2) pay the appropriate fee.

 (f) An applicant for an endorsement to a license to practice manicuring or hairdressing indicating that the person is an advanced manicurist shall
     (1) hold, or be approved for, a current license issued under this chapter for manicuring or hairdressing;

     (2) request the endorsement;

     (3) submit documentation from a licensed school of manicuring or hairdressing certifying completion of 250 hours of instruction in manicuring that meets the requirements of AS 08.13.110(e);

     (4) pass an examination given by the board for advanced manicurists; and

     (5) pay the appropriate fee.




Sec. 08.13.082. Apprenticeship.
 (a) The period of apprenticeship required to qualify an applicant for a license to practice barbering is 2,000 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than 12 months from the date of its commencement and must be completed in not more than two years from the date of its commencement.

 (b) The period of apprenticeship required to qualify an applicant for a license to practice hairdressing is 2,000 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than one year from the date of its commencement and must be completed in not more than two years from the date of its commencement.

 (c) The period of apprenticeship required to qualify an applicant for a license to practice esthetics is 350 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than six months from the date of its commencement and must be completed in not more than one year from the date of its commencement.

 (d) The number of hours of training required to qualify an applicant for a license to practice either tattooing and permanent cosmetic coloring or body piercing shall be set by the board in regulations. The trainee must be at least 18 years of age when the training commences. The training required under this subsection
     (1) may only be received
          (A) in a licensed shop in this state under a person who has a practitioner’s license under this chapter in the field in which the trainee seeks training; or

          (B) outside the state from a person approved by the board at a site approved by the board;

     (2) must include at least 12 hours of training in safety, sanitation, sterilization, aseptic, and other practices necessary to prevent transmission of diseases and infection;

     (3) shall be completed in not more than 12 months from the date of its commencement; and

     (4) shall be documented by certification from the trainer that the training was successfully completed by the trainee.

 (e) [Repealed, § 12, ch. 12, SLA 2017.]




Sec. 08.13.090. Examinations and other requirements.
 (a) A written examination shall be given to each applicant for examination at a time and place determined by the board. The board may delegate the power of examination to a committee of the board or a board member.

 (b) The written examination must cover subjects designated by the board and must test the applicant’s knowledge of sanitary practices, safety of all procedures, and use of instruments, equipment, and chemicals permitted within the field of practice for which the applicant is seeking a license.

 (c) The board may by regulation establish requirements for a practical examination for licensure.




Sec. 08.13.100. License.
 (a) The board shall authorize the issuance of a license for the practice of barbering, hairdressing, or esthetics to each qualified applicant who has passed an examination under AS 08.13.090 and meets other applicable requirements under this chapter. The board shall authorize the issuance of a license for the practice of tattooing and permanent cosmetic coloring or for body piercing to each applicant who has satisfied the requirements of AS 08.13.080(d). The board shall authorize the issuance of a license to practice manicuring to each applicant who has satisfied the requirements of AS 08.13.080(e). The board shall authorize the issuance of an endorsement to a license to practice manicuring or hairdressing indicating that the person is an advanced manicurist to each applicant who has satisfied the requirements of AS 08.13.080(f).

 (b) A practitioner license must state the areas of practice (barbering, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, or body piercing) that the practitioner is qualified to perform.

 (c) The board may by regulation create areas of limited professional licensing in the field of esthetics. Any limitation must be stated on the license.

 (d) A person who holds a current valid license from a board of barbering, hairdressing, manicuring, or esthetics in another state or who is licensed by another state to practice tattooing and permanent cosmetic coloring or to practice body piercing is entitled to a license or endorsement under this chapter without examination or a new period of training in this state. An application must include
     (1) proof of a valid license issued by another licensing jurisdiction; and

     (2) proof of completed training, testing, and working experience that the board finds to meet the minimum requirements of this state.

 (e) A person licensed as an instructor is considered to be licensed as a practitioner and is subject to the same requirements that a practitioner is subject to, in the same area for which the person is licensed as an instructor, except that, for purposes of setting fees under AS 08.01.065, the department shall consider instructors to be an occupation separate from practitioners. An instructor license shall state the areas of practice (barbering, hairdressing, manicuring, or esthetics) in which the licensee is qualified to instruct and practice.




Sec. 08.13.110. School license.
 (a) The board shall adopt regulations for the licensing of schools of barbering, hairdressing, manicuring, and esthetics. The regulations must include details of the curriculum, minimum hours of instruction, physical condition of the facilities, and financial responsibility of the owner. The curriculum required for a school of hairdressing must include the curriculum required for a school of manicuring.

 (b) [Repealed, § 12 ch 27 SLA 2015.]
 (c) [Repealed, § 12 ch 27 SLA 2015.]
 (d) The board shall issue a license to a school of manicuring if the school offers a curriculum of 12 hours of instruction or training approved by the board that addresses health, safety, and hygiene concerns of manicuring customers and practitioners that are relevant to the practice of manicuring. A school of manicuring may offer instruction in addition to the 12 hours required for a license, but the board may not issue a license to a school of manicuring if the school requires its students to complete more than 12 hours of the required instruction or training in health, safety, and hygiene concerns before the school will certify that the student has completed the school’s manicuring course for purposes of AS 08.13.080(e).

 (e) A school of manicuring may seek approval from the board for a curriculum designed to qualify students for an advanced manicurist endorsement. The board shall establish the curriculum requirements applicable under this subsection through its authority under (a) of this section.




Sec. 08.13.120. Shop license.
 (a) The board shall adopt regulations for the licensing of shops. The regulations must require that a shop for tattooing and permanent cosmetic coloring or for body piercing be inspected and certified by the Department of Environmental Conservation as being in compliance with the regulations adopted under AS 44.46.020 before a shop license may be issued under this subsection. A shop owner shall be licensed to operate a shop without examination, but, unless the shop owner is a practitioner, the shop owner may not conduct business without employing a manager who is a practitioner. This subsection does not apply to a shop for the practice of barbering, hairdressing, or esthetics located in a community having a population of less than 1,000 people that is not within 25 miles of a community of more than 1,000 people.

 (b) The regulations adopted under (a) of this section must include provisions under which the board may issue a temporary shop license to a person who has a license or temporary permit under this chapter to practice tattooing and permanent cosmetic coloring or to practice body piercing. The temporary shop license authorized under this subsection may only be issued to cover a site where the practitioner intends to hold a workshop or to demonstrate techniques as part of a convention or other special event, as defined by the board, that includes other practitioners of tattooing and permanent cosmetic coloring or body piercing. Each practitioner of tattooing and permanent cosmetic coloring or body piercing who holds a workshop or demonstrates techniques at a convention or special event shall have a separate temporary shop license and a license or temporary permit under this chapter to practice tattooing and permanent cosmetic coloring or body piercing. The board shall issue a temporary shop license upon receipt of an application from a practitioner demonstrating compliance with the regulations adopted under this section and payment of the appropriate fee; however, the temporary shop license may be summarily revoked, without refunding of the fee, if the Department of Environmental Conservation determines after an inspection that the cleanliness or sanitation conditions at the site covered by the temporary license pose a clear and immediate danger to the public health or safety. A licensee may appeal a summary revocation under this subsection to the superior court.




Sec. 08.13.130. Display of license or permit.
 (a) A practitioner shall display the practitioner’s license in a conspicuous location in the practitioner’s place of business. Each shop owner is responsible for the display of the licenses of employees. A person holding a student permit, temporary license, or temporary permit shall display the permit or license in a conspicuous location in the school in which the person is enrolled or the shop in which the person works. The school or shop owner is responsible for the display of a permit or license for each enrolled student, apprentice, or temporary license holder.

 (b) A license issued to a manicurist by the department must state that the manicurist has successfully completed a course of instruction or training in health, safety, and hygiene concerns related to the practice of manicuring.




Sec. 08.13.140. Lapsed license.
A lapsed license may be reinstated if the license has not been lapsed for a period of more than three years, or otherwise at the discretion of the board, and all renewal and delinquent fees for the period during which the license has been lapsed are paid.


Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license or permit.
The board may, in addition to the actions authorized under AS 08.01.075, refuse, suspend, or revoke a license, student permit, temporary license, or temporary permit for failure to comply with this chapter, with a regulation adopted under this chapter, with a regulation adopted by the Department of Environmental Conservation under AS 44.46.020, or with an order of the board.


Sec. 08.13.160. Application of license requirements.
 (a) A person holding a valid license to practice barbering under former AS 08.12 is licensed under this chapter and may continue to practice barbering under the conditions imposed by former AS 08.12 and the regulations adopted under former AS 08.12 until the license expires.

 (b) A person holding a valid license under former AS 08.28 may continue to practice under the conditions imposed under former AS 08.28 and the regulations adopted under former AS 08.28 until the license expires.

 (c) A person holding a valid license issued under former AS 08.12 or former AS 08.28 shall be entitled upon its expiration to a license to practice under this chapter in the field of practice for which the person was originally licensed, without meeting requirements for new licensure.

 (d) The licensing and permit provisions of this chapter do not apply to
     (1) a person practicing barbering, hairdressing, manicuring, or esthetics in a community having a population of less than 1,000 people that is not within 25 miles of a community of more than 1,000 people and who uses only chemicals available to the general public;

     (2) a licensed health care professional;

     (3) a person licensed by another licensing jurisdiction in a field of practice licensed by this chapter while demonstrating techniques or products to persons holding licenses or permits under this chapter;

     (4) a person practicing tattooing and permanent cosmetic coloring or body piercing solely on the person’s own body;

     (5) the practice of manicuring by a student as part of instruction in a 12-hour course approved under AS 08.13.110(d).

 (e) The board shall adopt regulations to permit a person licensed under this chapter to practice barbering, hairdressing, or esthetics outside a licensed shop or school for limited purposes including
     (1) care of clients confined to an institution or health care facility;

     (2) care of clients with limited mobility;

     (3) participation in charitable events; and

     (4) participation in workshops or demonstrations of techniques or products.

 (f) A person licensed under this chapter to practice hairdressing is considered to be licensed to practice manicuring and limited esthetics under the same license.




Sec. 08.13.170. Temporary permits.
The department shall issue a temporary permit to an applicant for licensing who holds a license to practice barbering, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, or body piercing in another state. The permit is valid until the board either issues a permanent license or rejects the application. The board shall act on an application within six months.


Sec. 08.13.175. Temporary license.
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 if the applicant 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 supervising licensee and accompanied by the temporary license fee required under AS 08.13.185.


Sec. 08.13.180. Student permits.
A person attending a licensed school of barbering, hairdressing, manicuring, or esthetics and a person apprenticed to a licensed instructor in a shop approved by the board or receiving training from a practitioner of tattooing and permanent cosmetic coloring or body piercing shall obtain a student permit. A student permit to practice barbering or hairdressing is valid for two years. A student permit to practice esthetics, tattooing and permanent cosmetic coloring, or body piercing is valid for one year. A student permit may not be renewed, but, upon application, the board may issue a new permit to the same person or extend an expired permit to the date of the next scheduled examination. Credit earned under an expired student permit may be transferred to a new permit as determined by the board.


Sec. 08.13.183. Use of title; unlicensed use prohibited.
 (a) A person licensed to practice manicuring in the state may use the title “licensed nail technician.”

 (b) A person who uses the title “licensed nail technician” who is not licensed to practice manicuring under this chapter is guilty of a violation.




Sec. 08.13.185. Fees.
 (a) The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for initial licenses and renewals for the following:
     (1) schools;

     (2) school owners;

     (3) instructor;

     (4) shop owner;

     (5) practitioner of barbering;

     (6) practitioner of hairdressing;

     (7) practitioner of manicuring;

     (8) practitioner of esthetics;

     (9) practitioner of tattooing and permanent cosmetic coloring;

     (10) practitioner of body piercing;

     (11) temporary shop license;

     (12) temporary permit;

     (13) temporary license;

     (14) student permit;

     (15) endorsement for advanced manicuring.

 (b) The department shall set fees under AS 08.01.065 for examination and investigation.




Sec. 08.13.190. Failure to possess a license or permit.
 (a) A person who practices barbering, hairdressing, esthetics, tattooing and 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, or student permit and who is not exempt under AS 08.13.120 or under AS 08.13.160(d) is guilty of a class B misdemeanor.

 (b) A person who practices manicuring, operates a shop for manicuring, operates a school of manicuring, or teaches in a school of manicuring without the appropriate license, temporary permit, temporary license, or student permit and who is not exempt under AS 08.13.120 or 08.13.160(d) is guilty of a violation.




Sec. 08.13.195. Civil penalty.
 (a) In addition to any other provision of law, if a person violates AS 08.13.070 or 08.13.217, the board may enter an order levying a civil penalty.

 (b) A civil penalty levied under this section may not exceed $5,000 for each offense. In levying a civil penalty, the board shall set the amount of the penalty imposed under this section after taking into account appropriate factors, including the seriousness of the violation, the economic benefit resulting from the violation, the history of violations, and other matters the board considers appropriate.

 (c) Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request, within 30 days of issuance of notice by the board, a hearing on the record.

 (d) In connection with proceedings under (a) and (b) of this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce a subpoena.

 (e) A person aggrieved by the levy of a civil penalty under this section may file an appeal with the superior court for judicial review of the penalty under AS 44.62.560.

 (f) If a person fails to pay a civil penalty within 30 days after entry of an order under (a) of this section, or if the order is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the board of an order appealed under (e) of this section, the board shall notify the attorney general. The attorney general may commence a civil action to recover the amount of the penalty.

 (g) An action to enforce an order under this section may be combined with an action for an injunction under AS 08.01.087.




Article 3. General Provisions.


Sec. 08.13.200. Deposit of receipts. [Repealed, § 54 ch 37 SLA 1985.]
Sec. 08.13.210. Health and sanitary conditions.
 (a) Health and sanitary conditions in shops and schools of barbering, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, and body piercing shall be supervised by the Department of Environmental Conservation.

 (b) The Department of Environmental Conservation shall conduct an annual inspection of each shop licensed for the practice of tattooing and permanent cosmetic coloring or for the practice of body piercing to ensure that the shop meets the department’s standards of cleanliness and sanitation established under AS 44.46.020. If the Department of Environmental Conservation determines that the shop is not in compliance with a regulation of the department, the department shall report the violation to the board and take appropriate action under its own regulations.




Sec. 08.13.215. Notification requirements for tattooing and permanent cosmetic coloring and for body piercing.
 (a) Before performing a tattooing and permanent cosmetic coloring procedure or a body piercing procedure on a client, a practitioner shall give written educational information, approved by the board, to the client.

 (b) After completing a tattooing and permanent cosmetic coloring procedure or a body piercing procedure on a client, the practitioner shall give written aftercare instructions, approved by the board, to the client. The written instructions
     (1) must include advice to the client to consult a physician at the first sign of infection;

     (2) must contain the name, address, and telephone number of the shop where the procedure was performed;

     (3) shall be signed and dated by the client and the practitioner; the practitioner shall keep the original and provide a copy to the client.

 (c) The owner of a shop for tattooing and permanent cosmetic coloring or for body piercing shall prominently display
     (1) a copy of the statement provided by the board under AS 08.13.030(b) that advises the public of the health risks and possible consequences of tattooing and permanent cosmetic coloring or body piercing, as applicable;

     (2) the names, addresses, and telephone numbers of the Department of Commerce, Community, and Economic Development and the Department of Environmental Conservation and a description of how a complaint about the shop or a practitioner in the shop may be filed with either entity or with the board.




Sec. 08.13.217. Tattooing and permanent cosmetic coloring or body piercing on a minor.
 (a) A person may not practice tattooing and permanent cosmetic coloring on a minor.

 (b) A person may not practice body piercing on a minor without prior written permission from the minor’s parent or legal guardian and the presence of the parent or legal guardian during the body piercing procedure. The person who performs the body piercing shall keep a copy of the written permission on file for at least three years.

 (c) A person who with criminal negligence violates this section is guilty of a class B misdemeanor. In this subsection, “criminal negligence” has the meaning given in AS 11.81.900.




Sec. 08.13.220. Definitions.
In this chapter,
     (1) “apprentice” means a person who receives on-the-job training under direct supervision;

     (2) “barbering” means shaving, trimming, or cutting, styling, curling, permanent waving, bleaching, coloring, cleansing, or chemically straightening the beard or hair of a living person for a fee and for cosmetic purposes;

     (3) “board” means the Board of Barbers and Hairdressers;

     (4) “body piercing” means puncturing the body of a person by aid of needles or other instruments designed to be used to puncture the body for the purpose of inserting jewelry or other objects in or through the human body, except that, for purposes of this chapter, “body piercing” does not include puncturing the external part of the human ear;

     (5) “esthetics” means the use of the hands, appliances, cosmetic preparations, antiseptics, or lotions in massaging, cleansing, stimulating, or similar work on the scalp, face or neck, including skin care, make-up, and temporary removal of superfluous hair, for cosmetic purposes for a fee;

     (6) “hairdressing” means performing, for a fee, the following services for cosmetic purposes:
          (A) trimming or cutting the beard of a living person; and

          (B) arranging, styling, dressing, curling, temporary waving, permanent waving, cutting, singeing, bleaching, coloring, cleansing, conditioning, or similar work on the hair of a living person;

     (7) “instructor” means a person who teaches barbering, hairdressing, manicuring, or esthetics in a school or who supervises an apprentice in barbering, hairdressing, or esthetics;

     (8) “limited esthetics” means to perform for a fee for cosmetic purposes
          (A) temporary removal of superfluous hair on the face or neck, including eyebrow arching by use of wax; or

          (B) application of makeup or false eyelashes;

     (9) “manicuring”
          (A) means, for a fee, to
               (i) cut, trim, polish, color, tint, or cleanse a natural or artificial nail;

               (ii) affix material by artificial means to a natural nail for the addition to or extension of the natural nail;

               (iii) cleanse, treat, or beautify the hands or feet for cosmetic purposes; or

               (iv) otherwise treat the nails of the hand or foot except as provided in (B) of this paragraph;

          (B) notwithstanding (A) of this paragraph, does not include
               (i) massage treatment; or

               (ii) cleansing, treating, or beautifying the hands or feet solely for the treatment of disease or physical or mental ailments;

     (10) “practitioner” means a person licensed to practice barbering, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, or body piercing under this chapter;

     (11) “shampoo person” means a person who, for a fee and under the supervision of a practitioner of barbering or hairdressing, cleanses or conditions the hair of the human head with products that have no effect other than cleaning or conditioning the hair;

     (12) “shop” is an establishment operated for the purpose of engaging in barbering, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, or body piercing;

     (13) “tattooing and permanent cosmetic coloring” means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into the dermal layer of the skin so as to form indelible marks, figures, or decorative designs for nonmedical purposes.




Chapter 15. Behavior Analysts.

Sec. 08.15.010. Practice of behavior analysis without license prohibited.
 (a) A person may not practice behavior analysis in this state without a license.

 (b) A person who practices behavior analysis in this state without a license is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.




Sec. 08.15.020. Qualifications for license.
 (a) The department shall issue a license to practice behavior analysis to a person who
     (1) applies to the department on a form provided by the department;

     (2) pays the fees established by the department;

     (3) has passed the Board Certified Behavior Analyst Examination offered by the Behavior Analyst Certification Board, Inc., or another examination approved by the department;

     (4) is currently certified by the Behavior Analyst Certification Board, Inc., or another certifying entity approved by the department;

     (5) furnishes evidence satisfactory to the department that the person has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.15.060; and

     (6) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400.

 (b) The department shall issue a license to practice as an assistant behavior analyst to a person who
     (1) applies to the department on a form provided by the department;

     (2) pays the fees established by the department;

     (3) has passed the Board Certified Assistant Behavior Analyst Examination offered by the Behavior Analyst Certification Board, Inc., or another examination approved by the department;

     (4) is currently certified by the Behavior Analyst Certification Board, Inc., or another certifying entity approved by the department;

     (5) furnishes evidence satisfactory to the department that the person has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.15.060;

     (6) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400; and

     (7) provides proof acceptable to the department that the person is directly supervised by a licensed behavior analyst.




Sec. 08.15.030. Temporary license.
The department may issue a temporary license to practice behavior analysis in this state for 30 days or less in a calendar year if the person is licensed to practice behavior analysis in another state whose requirements to practice behavior analysis are substantially equivalent to the requirements of AS 08.15.020.


Sec. 08.15.040. Renewal of license.
The department may renew a license upon proof of continued certification by the Behavior Analyst Certification Board, Inc., or another certifying entity approved by the department.


Sec. 08.15.050. Grounds for suspension, revocation, or refusal to issue a license.
The department may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;

     (6) continued to practice after becoming unfit because of
          (A) professional incompetence;

          (B) addiction or severe dependency on alcohol or a drug that impairs the licensee’s ability to practice safely;

          (C) physical or mental disability;

     (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.




Sec. 08.15.060. Disciplinary sanctions.
 (a) When the department finds that a licensee is guilty of an offense under AS 08.15.050, the department may impose the following sanctions singly or in combination:
     (1) permanently revoke the license to practice;

     (2) suspend the license for a determinate period of time;

     (3) censure the licensee;

     (4) issue a letter of reprimand to the licensee;

     (5) place the licensee on probationary status and require the licensee to
          (A) report regularly to the department on matters involving the basis of probation;

          (B) limit practice to those areas prescribed;

          (C) continue professional education until a satisfactory degree of skill has been reached in areas determined by the department to need improvement;

     (6) impose limitations or conditions on the practice of the licensee.

 (b) The department may withdraw probationary status of a licensee if it finds that the deficiencies that required the sanction have been remedied.

 (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A licensee whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings not later than seven days after the effective date of the order. The licensee may appeal the suspension after a hearing to a court of competent jurisdiction.




Sec. 08.15.070. Exemptions.
This chapter does not apply to
     (1) a person licensed in this state performing behavior analysis within the scope of practice for which the person’s license was issued;

     (2) a student or trainee who is enrolled in a behavior analysis program approved by the department while performing duties under the program under the direct supervision of a person licensed under this chapter;

     (3) an individual who directly implements applied behavior analysis services, or family member implementing a behavior analysis plan within the home, who acts under the direction of a licensed behavior analyst or licensed assistant behavior analyst;

     (4) an applied animal behaviorist who practices exclusively with nonhumans;

     (5) a person who works in organizational behavior management;

     (6) a person supervised by a licensed behavior analyst who is gaining experience for certification by the Behavior Analyst Certification Board, Inc., or another certifying entity approved by the department.




Sec. 08.15.080. Regulations.
The department shall adopt regulations to implement this chapter, including
     (1) continuing education requirements; and

     (2) standards for licensure by credentials.




Sec. 08.15.090. Definitions.
In this chapter,
     (1) “behavior analysis” means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior, the empirical identification of functional relations between behavior and environmental factors, and the utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and engage in behaviors under specific environmental conditions; “behavior analysis” does not include psychological testing, diagnosis of a mental or physical disorder, or the practice of neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, or long-term counseling;

     (2) “department” means the Department of Commerce, Community, and Economic Development.




Chapter 16. Basic Sciences.

[Repealed, § 1 ch 87 SLA 1970.]

Article 1. Registration.


Chapter 18. Construction Contractors and Home Inspectors.

Sec. 08.18.010. Creation and composition of board. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.011. Registration required.
 (a) A person may not submit a bid or work as a contractor until that person has been issued a certificate of registration as a contractor by the department. A partnership or joint venture shall be considered registered as a contractor if one of the general partners or venturers whose name appears in the name under which the partnership or venture does business is registered as a contractor.

 (b) A general contractor may not use a bid or proposal from, award a bid or proposal to, contract with, or allow a person required to be registered under this chapter to work for the general contractor as a specialty contractor unless the person is registered as a specialty contractor under this chapter.

 (c) Unless exempt under AS 08.18.156 or serving lawfully as an associate home inspector under (d) of this section, an individual may not perform a home inspection for a residence
     (1) not previously occupied as a residence unless that individual is registered as a home inspector for new homes under this chapter;

     (2) previously occupied as a residence unless that individual is registered as a home inspector for existing homes under this chapter.

 (d) Notwithstanding (c) of this section, an individual who is not registered as a home inspector under this chapter may perform a home inspection as an associate home inspector if the individual is
     (1) employed by a registered home inspector who supervises the associate’s work and the inspection is of the type that the supervising individual is authorized to perform; and

     (2) registered with the department as an associate home inspector.

 (e) A registered home inspector who employs an associate home inspector under (d) of this section is liable for the work done by the associate home inspector.

 (f) An individual who holds a joint registration for home inspection is considered to be registered as both a home inspector for new homes and a home inspector for existing homes.




Sec. 08.18.013. Categories of contractors.
The department may adopt regulations establishing categories of contractors and the registration or endorsement requirements for persons in those categories.


Sec. 08.18.020. Qualifications of members. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.021. Application for registration.
 (a) An applicant for registration as a contractor or home inspector shall submit an application under oath upon a form to be prescribed by the commissioner and that must include the following information pertaining to the applicant:
     (1) the applicant’s social security number;

     (2) if applying to be a registered contractor, the type of contracting activity, whether a general or a specialty contractor and, if the latter, the type of specialty;

     (3) if applying to be a registered home inspector, whether the applicant is applying to inspect new homes or existing homes, or both;

     (4) if applying to be a registered contractor, the name and address of each partner if the applicant is a firm or partnership, or the name and address of the owner if the applicant is an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant is a corporation; and

     (5) if applying to be a registered home inspector, the name and address of the applicant.

 (b) The information contained in the application shall be a matter of public record and open to public inspection.




Sec. 08.18.022. Home inspectors; associate home inspectors.
 (a) The department shall issue a certificate of registration as a home inspector for new homes, existing homes, or both, as appropriate, to an individual who
     (1) passes the appropriate home inspection examination; for purposes of this paragraph, the appropriate home inspection examination for an individual who applies to be registered for inspection of
          (A) existing homes is the examination offered by the American Society of Home Inspectors or National Association of Home Inspectors;

          (B) new homes or for a joint registration is the examination offered by the International Code Council;

     (2) meets the educational and experience requirements adopted by the department in regulations for the type of registration applied for;

     (3) submits a complete application for registration either
          (A) within three years after passing the examination required under (1) of this subsection; or

          (B) accompanied by documentation that the applicant has completed continuing education requirements established by the department;

     (4) within the seven years preceding the date of application, has not been under a sentence for an offense related to forgery, theft in the first or second degree, extortion, or defrauding creditors or for a felony involving dishonesty;

     (5) has not had the authority to perform home inspections revoked in this state or in another jurisdiction;

     (6) is not the subject of an unresolved criminal complaint or unresolved disciplinary action before a regulatory authority in this state or in another jurisdiction related to real estate or home inspection matters; and

     (7) pays the appropriate fees.

 (b) An individual may register with the department as an associate home inspector upon application, payment of the required fee, and determination by the department that the individual
     (1) within the seven years preceding the date of application, has not been under a sentence for an offense related to forgery, theft in the first or second degree, extortion, or defrauding creditors or for a felony involving dishonesty;

     (2) has not had the authority to perform home inspections revoked in this state or in another jurisdiction; and

     (3) is not the subject of an unresolved criminal complaint or unresolved disciplinary action before a regulatory authority in this state or in another jurisdiction related to real estate or home inspection matters.




Sec. 08.18.023. Pre-inspection documents and inspection reports.
 (a) Before performing a home inspection, a registered home inspector or associate home inspector shall provide to the person on whose behalf a home is inspected a written document that includes the home inspector’s registration number and that specifies
     (1) the scope of intended inspection; the scope of the intended inspection may include systems and components that are not listed in AS 08.18.171(8); and

     (2) that the inspector will notify in writing the person on whose behalf the inspection is being made of defects noted during the inspection along with a recommendation, if any, that experts be retained to conduct further evaluation through examination and analysis by a qualified professional, tradesperson, or service technician beyond that provided by the home inspection to determine the extent of defects and corrective action necessary to address the defects.

 (b) After performance of a home inspection, a registered home inspector or associate home inspector shall give a written home inspection report to the person requesting the inspection. The written report must include the home inspector’s registration number and a review of the condition of each system and component identified as being within the scope of the intended inspection under (a) of this section except that a home inspector’s written report for new construction that is the subject of a loan by the Alaska Housing Finance Corporation or another lender may be in the form required by the corporation or other lender, as appropriate.

 (c) In addition to the written inspection report required under (b) of this section, an oral inspection report may be given by the inspector during or after the inspection.

 (d) A home inspection report is valid for 180 days after the date the home inspector signs and dates the report.




Sec. 08.18.024. Specialty contractors.
 (a) The department may authorize the limited use of specific construction techniques or materials that are defined by the department as part of one specialty trade by a specialty contractor licensed in a different specialty trade if those construction techniques or materials are a small but inseparable part of what is required to complete that specialty contractor’s work.

 (b) Notwithstanding (a) of this section, a specialty contractor may perform work that requires the use of not more than three trades.




Sec. 08.18.025. Residential contractors.
 (a) A general contractor may not undertake the construction or alteration, or submit a bid to undertake the construction or alteration of a privately-owned residential structure of one to four units or advertise or publicly represent that the general contractor may undertake work of this type in the state without a residential contractor endorsement issued under this section. In this subsection, “alteration” means changes that have a value greater than 25 percent of the value of the structure being altered.

 (b) The department shall issue a residential contractor endorsement to a person who
     (1) has a certificate of registration as a general contractor;

     (2) passes a residential contractor examination, which shall be offered by the department at least once each year in each judicial district; the examination, which may be written or practical, may test competence in relation to arctic structural and thermal construction techniques and other matters as determined by the department in consultation with representatives of the construction industry;

     (3) applies for an endorsement within 12 months after passing the examination required under (2) of this subsection;

     (4) within the two years preceding the date of application for the endorsement, has satisfactorily completed either the Alaska craftsman home program sponsored by the Department of Commerce, Community, and Economic Development, or its equivalent, or a postsecondary course in arctic engineering, or its equivalent;

     (5) within the seven years preceding the date of application, has not been under a sentence for an offense related to forgery, theft in the first or second degree, extortion, or conspiracy to defraud creditors or for a felony involving dishonesty; and

     (6) pays the appropriate fees.

 (c) The department may not renew an endorsement issued under this section unless the applicant submits proof of continued competency relating to residential contracting that satisfies the department. A lapsed endorsement may be reinstated, within two years after the lapse, upon proof of continued competency, payment of a renewal fee for the intervening time period, and payment of any penalty fee established under AS 08.01.100(b). If the endorsement has been lapsed for more than two years, the department may not reinstate it until the person also passes the residential contractor examination described in (b) of this section.




Sec. 08.18.026. Electrical contractors.
 (a) The department may not issue a certificate of registration as an electrical contractor to an applicant unless the applicant is, or employs, a person currently licensed as an electrical administrator under AS 08.40.

 (b) Each applicant for an electrical contractor’s certificate of registration may employ more than one electrical administrator.

 (c) If the relationship of the only electrical administrator with a registered electrical contractor is terminated, the registration is void 30 days after the next regularly scheduled examination unless the electrical contractor has hired a licensed electrical administrator in the interim.




Sec. 08.18.028. Mechanical contractors.
 (a) The department may not issue a certificate of registration as a mechanical contractor to an applicant unless the applicant is, or employs, a person currently licensed as a mechanical administrator under AS 08.40.

 (b) Each applicant for a mechanical contractor’s certificate of registration may employ more than one mechanical administrator.

 (c) If the relationship of the only mechanical administrator with a registered mechanical contractor is terminated, the registration is void 30 days after the next regularly scheduled mechanical administrator’s examination unless the mechanical contractor has hired a licensed mechanical administrator in the interim.




Sec. 08.18.030. Terms of office. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.031. Certificate of registration.
 (a) Except as provided in (c) of this section, a certificate of registration shall be renewed under the same requirements as for an original registration, and the commissioner shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

 (b) The commissioner may not issue a certificate of registration or renew the registration of an applicant whose registration has been revoked or suspended or against whom a fine has been imposed under this chapter until the period of revocation or suspension has expired and any fine has been paid.

 (c) A certificate of registration as a home inspector may not be renewed unless the home inspector has complied with the continuing competency requirements established by the department. The department shall adopt regulations establishing the continuing competency requirements. The department shall require at least eight hours of continuing competency activity for each licensing period. The regulations must provide that a continuing competency activity approved by one of the following entities satisfies the continuing competency requirements of this subsection if the activity meets the requirements established by the department in regulations adopted under this subsection:
     (1) Alaska Housing Finance Corporation;

     (2) University of Alaska;

     (3) American Society of Home Inspectors Alaska Chapter;

     (4) a chapter of the International Code Council Alaska;

     (5) Alaska State Home Building Association; or

     (6) a state agency that offers an activity that meets the requirements set by the department.




Sec. 08.18.040. Officers of board. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.041. Fees.
 (a) The department shall set fees under AS 08.01.065 for
     (1) registration and renewal of registration for all categories of contractors;

     (2) registration and renewal of registration for a home inspector qualified to inspect new homes;

     (3) registration and renewal of registration for a home inspector qualified to inspect existing homes;

     (4) joint registration and renewal of joint registration for home inspectors;

     (5) registration and renewal of registration as an associate home inspector;

     (6) examinations for applicants for home inspector registration;

     (7) examination, issuance of initial endorsement, and renewal of active or inactive endorsements for residential contractors; and

     (8) departmental publications and seminars related to this chapter.

 (b) A person who fails a residential contractor examination or home inspector examination shall pay the examination fee set by the department if the person applies to retake an examination.




Sec. 08.18.050. Meetings and quorum. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.051. Identification requirements for contractors.
 (a) Except as provided otherwise by law, a person who has registered as a contractor under one name as required by this chapter may not act in the capacity of a contractor under any other name unless that name also is registered.

 (b) All advertising, contracts, correspondence, cards, signs, posters, papers, and documents prepared by a contractor for the contracting business must show the contractor’s name, mailing address, and address of the contractor’s principal place of business. Advertising and contracts must also include the contractor’s registration number.

 (c) Individual contractors and partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses and the true name of the contractor firm at all times while acting in the capacity of a contractor or performing related activities.




Sec. 08.18.053. Identification requirements for home inspectors.
 (a) Except as provided otherwise by law, an individual who is registered as a home inspector or associate home inspector under this chapter by one name may not act in the capacity of a home inspector or associate home inspector under any other name.

 (b) All advertising and business cards prepared by a registered home inspector or associate home inspector for the home inspection business must show the inspector’s name, mailing address, and registration number.

 (c) Individual registered home inspectors and partners, associates, agents, salespeople, solicitors, officers, and employees of registered home inspectors shall use their true names and addresses and the true name of the home inspecting firm at all times while acting in the capacity of a registered home inspector or performing related activities.

 (d) Individuals who are exempt from registration under AS 08.18.156(a) or whose actions are not considered to be home inspections under AS 08.18.156(b) may not hold themselves out to be registered home inspectors or use words or titles that may reasonably be confused with the title of “registered home inspector” or “home inspector” unless they are registered as a home inspector under this chapter.




Sec. 08.18.060. Executive director. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.061. Requirements of political subdivision.
A contractor or home inspector who is registered with the state under this chapter may not be required to give bond in applying for or holding a license issued by a political subdivision for a similar occupation.


Sec. 08.18.070. Expenses. [Repealed, § 1 ch 100 SLA 1968.]

Article 2. Bond and Insurance.


Sec. 08.18.071. Bond required.
 (a) Except as provided in (d) and (e) of this section, each applicant shall, at the time of applying for a certificate of registration, file with the commissioner a surety bond running to the state conditioned upon the applicant’s promise to pay all
     (1) taxes and contributions due the state and political subdivisions;

     (2) persons furnishing labor or material or renting or supplying equipment to the applicant; and

     (3) amounts that may be adjudged against the applicant by reason of negligent or improper work or breach of contract in the conduct of the contracting business or home inspection activity, as applicable, or by reason of damage to public facilities occurring in the course of a construction project.

 (b) The amount of the bond for a
     (1) general contractor shall be $25,000;

     (2) general contractor with a residential contractor endorsement under AS 08.18.025 who performs exclusively residential work shall be $20,000;

     (3) mechanical or specialty contractor or home inspector shall be $10,000; or

     (4) contractor whose work on one project with an aggregate contract price of $10,000 or less, including all labor, materials, and other items, when the work is not part of a larger or major operation or otherwise divided into contracts of less than $10,000 to evade a higher bonding requirement, shall be $5,000.

 (c) The bond required by this section remains in effect until cancelled by action of the surety, the principal, or the commissioner. An action may not be commenced upon the bond later than three years after its cancellation. In lieu of the surety bond required by this section, the applicant may file with the commissioner a cash deposit or other negotiable security acceptable to the commissioner in the amount specified for bonds.

 (d) A general contractor or specialty contractor who is in compliance with the surety bond or deposit requirements of (a) and (b) of this section is not required to file another surety bond or increase a deposit with the commissioner when the general contractor or specialty contractor applies to be a registered home inspector. However, if the general contractor or specialty contractor subsequently is neither a general contractor nor a specialty contractor and becomes only a registered home inspector, the home inspector shall provide a surety bond or deposit in lieu of the bond in the manner and amount required for registered home inspectors under this section.

 (e) An applicant for, or holder of, a certificate of registration as a home inspector may, in lieu of filing with the commissioner a surety bond or deposit that meets the requirements of this section, file evidence satisfactory to the commissioner that the applicant is employed by a registered home inspector who is in compliance with the surety bond or deposit requirements of this section.




Sec. 08.18.080. Inspection or investigation by board. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.081. Claims against contractor or home inspector.
 (a) Except as provided in AS 08.18.085, a person having a claim against a contractor or home inspector for any of the items referred to in AS 08.18.071 may bring suit upon the bond in the district court of the judicial district in which venue lies. A copy of the complaint shall be served by registered or certified mail upon the commissioner at the time suit is filed, and the commissioner shall maintain a record, available for public inspection, of all suits commenced. Two additional copies shall be served upon the director of the division of insurance with the payment to the director of a fee set under AS 21.06.250, taxable as costs in the action. This service upon the director shall constitute service on the surety, and the director shall transmit the complaint or a copy of it to the surety within 72 hours after it has been received. The surety upon the bond is not liable in an aggregate amount in excess of that named in the bond, but in case claims pending at any one time exceed the amount of the bond, the claims shall be satisfied from the bond in the following order:
     (1) labor, including employee benefits;

     (2) taxes and contributions due the state, city, and borough, in that order;

     (3) material and equipment;

     (4) claims for breach of contract;

     (5) repair of public facilities.

 (b) If a judgment is entered against the cash deposit, the commissioner, upon receipt of a certified copy of a final judgment, shall pay the judgment from the amount of the deposit, in accordance with the priorities set out in (a) of this section.

 (c) If the claim for which a person may bring suit under (a) of this section is subject to AS 09.45.881 — 09.45.899, the person may not bring suit unless the person complies with AS 09.45.881 — 09.45.899.




Sec. 08.18.085. Legal actions against home inspector.
 (a) Notwithstanding contrary provisions of AS 08.18.081 or AS 09.10, a person may not bring an action against an individual registered under this chapter based on a home inspection report unless the action is commenced within one year.

 (b) The limitation in (a) of this section applies to all actions based on a home inspection report, regardless of whether the action is based on breach of contract, personal injury or death, property damage, or another source of liability except that (a) of this section is not applicable to an action based on gross negligence or intentional misconduct by the home inspector. The limitation may not be waived by contract.

 (c) A person may not bring an action against an individual registered under this chapter for damages that arise from an act or omission relating to a home inspection performed by the individual unless the person
     (1) was a party to the real estate transaction for which the home inspection was conducted;

     (2) received the home inspection report with the written consent of the party for whom the home inspection was originally performed; or

     (3) acquired the property for which the home inspection report was conducted by inheritance or bequest from a person who could have brought an action under (1) or (2) of this subsection.

 (d) Contractual provisions that purport to limit the liability of a home inspector to the cost of the home inspection report are contrary to public policy and void.




Sec. 08.18.090. Regulations of the board. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.091. Cancellation of bond.
This chapter does not impair the right of a bonding company to cancel its bond of a contractor for lawful reasons.


Sec. 08.18.100. License required. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.101. Insurance required.
 (a) Each applicant, at the time of applying for registration or upon renewal of registration, shall file with the commissioner satisfactory evidence that the applicant has in effect
     (1) to the extent required under AS 23.30, workers’ compensation insurance that is purchased from a private insurer who is admitted to do business in the state and that shows coverage in this state, appropriate employee classifications, and rates applicable in this state, or a valid workers’ compensation self-insurance certificate issued by the Alaska Workers’ Compensation Board; and

     (2) public liability and property damage insurance covering the applicant’s contracting operations in this state in the sum of not less than $20,000 for damage to property, $50,000 for injury, including death, to any one person, and $100,000 for injury, including death, to more than one person; this requirement does not apply to an applicant whose contracting operations are for work on projects where each project has an aggregate contract price, including all labor, materials, and other items of $2,500 or less.

 (b) Proof of insurance coverage for an applicant under (a) of this section may be satisfied by providing evidence that the applicant is covered by a policy in effect for the applicant’s employer at least to the extent required under (a) of this section.




Sec. 08.18.110. Classification of licenses. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.111. Advertising bond and insurance.
Contractors and home inspectors may not advertise that they are bonded and insured simply because they have complied with the bond and insurance requirements of this chapter.


Sec. 08.18.115. Return of cash deposit.
 (a) A contractor or home inspector who has filed a cash deposit and who ceases doing business as a contractor or home inspector may request the return of as much of that cash deposit as is held by the commissioner by
     (1) filing a notarized statement with the commissioner that the contractor or home inspector has ceased doing business as a contractor or home inspector, as applicable; and

     (2) filing a notarized statement with the commissioner at least three years after filing the statement in (1) of this subsection that
          (A) requests return of the cash deposit;

          (B) certifies that the former contractor or home inspector has not been engaged in business as a contractor or home inspector, as applicable, for at least three years; and

          (C) certifies that to the best of the contractor’s or home inspector’s knowledge no action has been commenced upon the cash deposit that has not been dismissed or reduced to a final judgment that has been satisfied.

 (b) The commissioner, after paying any judgments against the cash deposit under AS 08.18.081(b), shall return the remainder of a former contractor’s or former home inspector’s cash deposit to the contractor or home inspector, as applicable, if
     (1) the former contractor or former home inspector has complied with (a) of this section; and

     (2) no action has been commenced upon the cash deposit that has not been dismissed or reduced to a final judgment that has been satisfied.




Article 3. Enforcement.


Sec. 08.18.116. Investigations.
Either the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development may investigate alleged or apparent violations of this chapter relating to contractors. The Department of Commerce, Community, and Economic Development may investigate alleged or apparent violations of this chapter relating to home inspection activities. These departments, upon showing proper credentials, may enter, during regular hours of work, a construction site where it appears that contracting work is being done. The departments may make inquiries about the identity of the contractor or the person acting in the capacity of a contractor. The Department of Commerce, Community, and Economic Development may make inquiries about the identity of a home inspector or a person acting in the capacity of a home inspector. Upon demand, a contractor or home inspector or person acting in the capacity of a contractor or home inspector, or that person’s representative, shall produce evidence of current endorsement, if applicable, and registration.


Sec. 08.18.117. Issuance of citations.
Except as provided in AS 08.18.125, either the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development may issue a citation for a violation if there is probable cause to believe a person has violated this chapter with respect to contractor activities. The Department of Commerce, Community, and Economic Development may issue a citation for a violation if there is probable cause to believe a person has violated this chapter with respect to home inspection activities. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.


Sec. 08.18.118. Procedure and form of citation issuance and procedure.
 (a) A citation issued under this chapter must comply with AS 12.25.175 — 12.25.230. A person receiving the citation is not required to sign a notice to appear in court.

 (b) The time specified in the notice to appear on a citation issued under this chapter must be at least five working days after the issuance of the citation.

 (c) The Department of Commerce, Community, and Economic Development and the Department of Labor and Workforce Development are responsible for the issuance of books containing appropriate citations, and each shall maintain a record of each book issued and each citation contained in it. Each department shall require and retain a receipt for every book issued to an employee of that department.

 (d) The department that issues a citation under this chapter shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department that issued the citation may not dispose of it or copies of it or of the record of its issuance except as required under this subsection and (e) of this section.

 (e) The Department of Commerce, Community, and Economic Development and the Department of Labor and Workforce Development shall require the return of a copy of every citation issued by the respective department under this chapter and of all copies of every citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The departments shall also maintain, in connection with every citation issued by the respective department, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.

 (f) A citation issued under this chapter is considered to be a lawful complaint for the purpose of prosecution.




Sec. 08.18.119. Failure to obey citation.
Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under this chapter, regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.


Sec. 08.18.121. Suspension and revocation of registration.
 (a) If the insurance required in AS 08.18.101 ceases to be in effect, the registration of the contractor or home inspector shall be suspended until the insurance has been reinstated.

 (b) If a final judgment impairs the liability of the surety upon the bond or depletes the cash deposit so that there is not in effect a bond undertaking or cash deposit in the full amount prescribed in AS 08.18.071, the registration of the contractor or home inspector involved shall be suspended until the bond liability in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.

 (c) If a bonding company cancels its bond of a contractor or home inspector, the contractor’s or home inspector’s registration shall be revoked. The contractor or home inspector may again obtain registration by complying with the requirements of this chapter.

 (d) If a registered contractor or registered home inspector fails to fulfill the contractor’s or home inspector’s obligations as set out in AS 08.18.071, the contractor’s or home inspector’s registration shall be suspended for a period of time the commissioner determines is appropriate. After three suspensions, the contractor’s or home inspector’s registration may be permanently revoked.

 (e) Proceedings to suspend or revoke a registration issued under this chapter are governed by AS 44.62 (Administrative Procedure Act).

 (f) If the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development determines that a contractor or person acting in the capacity of a contractor is in violation of this chapter, that department may give written notice to the person prohibiting further action by the person as a contractor. If the Department of Commerce, Community, and Economic Development determines that a home inspector or a person acting in the capacity of a home inspector is in violation of this chapter, the department may give written notice to the person prohibiting further action by the person as a home inspector. The prohibition in a notice given under this subsection continues until the person has submitted evidence acceptable to the appropriate department showing that the violation has been corrected.

 (g) A person affected by an order issued under this chapter may seek equitable relief preventing the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development from enforcing the order.

 (h) The endorsement of a residential contractor is automatically suspended or revoked while the contractor’s registration is suspended or revoked.




Sec. 08.18.123. Denial, suspension, and revocation of endorsement or home inspector registration.
 (a) The department may suspend, revoke, or refuse to grant or renew a residential contractor endorsement, a home inspector registration, or an associate home inspector registration upon a finding that
     (1) the application is fraudulent or misleading;

     (2) the endorsement holder or registrant has knowingly violated this chapter or a lawful order or regulation of the department;

     (3) the endorsement holder or registrant is incompetent or has engaged in fraudulent practices.

 (b) Proceedings for the denial, suspension, or revocation of residential contractor endorsement, home inspector registration, or associate home inspector registration are governed by AS 44.62 (Administrative Procedure Act).




Sec. 08.18.125. Administrative fine and procedure.
 (a) Notwithstanding any other remedy available under this chapter and except as provided in (e) of this section, the department may impose an administrative fine of not more than $1,000 for the first violation and not more than $1,500 for a second or subsequent violation of either AS 08.18.011 or 08.18.025.

 (b) The department shall issue a written notice of an administrative fine imposed under (a) of this section, together with a statement of the reason for the fine, a copy of the applicable procedures, and notice of an opportunity to request a hearing, including the contact information for making the request, within 30 days after the date of the notice of the fine.

 (c) If a person who is issued a notice of an administrative fine under (b) of this section fails to request a hearing within 30 days after the date of the notice, the right to a hearing is waived, and the administrative fine is not subject to judicial review. A hearing request must be in writing and must clearly state the issues to be raised at the hearing. The department shall schedule a hearing before a hearing officer not earlier than 10 days after receiving the request for a hearing.

 (d) A decision of a hearing officer under this section is a final administrative decision subject to review by a superior court under AS 44.62 (Administrative Procedure Act).

 (e) The department may not impose an administrative fine on a person who is acting as a contractor or home inspector in an area with a population of 1,000 or less that is not connected by road or rail to Anchorage or Fairbanks.




Sec. 08.18.130. Requirement for license. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.131. Injunction; civil penalty.
In an action instituted in the superior court by the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development, the court may enjoin a person from acting in the capacity of a contractor in violation of this chapter. In an action instituted in the superior court by the Department of Commerce, Community, and Economic Development, the court may enjoin a person from acting in the capacity of a home inspector in violation of this chapter. In addition to other relief, the court may impose a civil penalty of not more than $1,000 for each violation. Each day that an unlawful act continues constitutes a separate violation.


Sec. 08.18.140. Persons exempt from written examination. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.141. Violations.
 (a) A contractor, a home inspector, or a person acting in the capacity of a contractor or home inspector is guilty of a class B misdemeanor if the person
     (1) knowingly violates AS 08.18.011 or 08.18.025; and

     (2) has been previously
          (A) convicted of violating AS 08.18.011 or 08.18.025;

          (B) found guilty of a violation under AS 08.18.117 if the violation involved AS 08.18.011 or 08.18.025; or

          (C) fined under AS 08.18.125.

 (b) A contractor, a home inspector, or a person acting in the capacity of a contractor or home inspector who violates a provision of this chapter, other than a violation under (a) of this section, is guilty of a violation punishable under AS 12.

 (c) Criminal prosecution for a violation of this chapter does not preclude the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development from seeking available civil or administrative remedies.




Sec. 08.18.150. Application. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.151. Legal actions by contractor or home inspector.
A person acting in the capacity of a contractor or home inspector may not bring an action in a court of this state for the collection of compensation for the performance of work or for breach of a contract for which registration is required under this chapter without alleging and proving that the contractor or home inspector was a registered contractor or registered home inspector, as applicable, at the time of contracting for the performance of the work.


Article 4. General Provisions.


Sec. 08.18.152. Prohibited acts for home inspectors.
An individual registered under this chapter as a home inspector or associate home inspector may not
     (1) perform or offer to perform, for an additional fee, repairs to a subject property on which the home inspector or the home inspector’s company has prepared a home inspection report in the past 12 months;

     (2) inspect for a fee any property in which the home inspector or the home inspector’s company has a financial interest or an interest in the transfer of the property;

     (3) offer or deliver compensation, an inducement, or a reward to the owner of the inspected property, the broker, or the agent, for the referral of business to the home inspector or the home inspector’s company;

     (4) without the written consent of the home inspection client or the client’s legal representative, disclose information from a home inspection report prepared by the home inspector or the home inspector’s company unless the disclosure is made
          (A) to a subsequent client who requests a home inspection of the same premises; or

          (B) by the home inspector in an administrative or judicial proceeding in which disclosure of the home inspection report is relevant to resolution of the legal issues in the proceeding;

     (5) without the written consent of all interested parties, accept compensation from more than one interested party for the same home inspection services;

     (6) accept from a person who has other dealings with a home inspection client a commission or allowance, directly or indirectly, for work for which the home inspector or the home inspector’s company is responsible;

     (7) accept an engagement to make an inspection or to prepare a report in which the employment itself or the fee payable for the inspection is contingent upon the conclusions in the report, preestablished findings, or the close of escrow.




Sec. 08.18.154. Limitation on home inspector’s activities.
A registration issued under AS 08.18.022 does not authorize the holder to perform an activity for which a license is required under provisions of this title that are outside of this chapter.


Sec. 08.18.156. Exemptions related to home inspections.
 (a) Notwithstanding other provisions of this chapter, an individual who inspects a home is not required to be registered under this chapter as a home inspector or associate home inspector if the individual is
     (1) employed by the federal or state government, a political subdivision of the state, a regional housing authority created under AS 18.55.996(b), or a municipality or unincorporated community and the employee is performing only duties that are within the employee’s official duties;

     (2) performing a home inspection only with respect to property that is the individual’s residence or in which the individual has a financial interest;

     (3) registered as an engineer or architect under AS 08.48, prepares a written report after the inspection, affixes the individual’s seal to the home inspection report, signs and dates the report, and puts the individual’s registration number on the report;

     (4) engaged as an engineer in training or architect in training who works for and is supervised by a person described in (3) of this subsection and the person described in (3) of this subsection affixes the person’s seal to the home inspection report, signs and dates the report, and puts the person’s registration number on the report;

     (5) licensed as a pesticide applicator by the Department of Environmental Conservation and is performing only activities within the scope of that license;

     (6) registered as a general contractor with a residential contractor endorsement under this chapter and is performing only activities within the scope of that registration;

     (7) certified as any type of real estate appraiser under AS 08.87 and is performing only activities that are authorized under that certification; or

     (8) only determining whether a building complies with the thermal and lighting energy standards required by AS 46.11.040.

 (b) Notwithstanding the definition of “home inspection” in AS 08.18.171(8), an individual is not considered to be doing a home inspection for purposes of this chapter if the individual
     (1) is in the business of repairing, maintaining, or installing any of the systems or components listed in AS 08.18.171(8); and

     (2) inspects the system or component for the sole purpose of determining the condition of the system or component before performing or offering to perform repair, maintenance, or installation work on the system or component.




Sec. 08.18.160. Written examination. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.161. Exemptions.
To the extent that this chapter governs contractors, this chapter does not apply to
     (1) an authorized representative of the United States government, the State of Alaska, or a political subdivision or agency of the state;

     (2) an officer of a court when acting within the scope of office;

     (3) a public utility operating under the regulations of the Regulatory Commission of Alaska in construction, maintenance, or development work incidental to its own business;

     (4) a construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of a petroleum or gas well or a surface or underground mine or mineral deposit when performed by an owner or lessee;

     (5) the sale or installation of finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent, fixed part of a structure;

     (6) construction, alteration, or repair of personal property;

     (7) a person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor;

     (8) [Repealed § 5 ch 70 SLA 2014.]
     (9) an owner who contracts for a project with a registered contractor;

     (10) a person working on that person’s own property, whether occupied by the person or not, and a person working on that person’s own residence, whether owned by the person or not;

     (11) an owner or tenant of commercial property who uses the owner’s or tenant’s own employees to do maintenance, repair, and alteration work upon that property;

     (12) an owner who acts as the owner’s own contractor and in doing so hires workers on an hourly basis, hires subcontractors, purchases materials and, as such, sees to the paying for all labor, subcontractors, and materials; in this case, the owner shall be limited to construction of one home, duplex, triplex, four-plex, or commercial building every two years;

     (13) a person performing construction work incidental to farming, dairying, agriculture, horticulture, stock or poultry raising, mining, logging, fishing, clearing, or other work upon the land in rural districts for fire prevention purposes, or access road building, unless the person is a licensee.




Sec. 08.18.170. Licensing of applicants other than individuals. [Repealed, § 1 ch 100 SLA 1968.]
Sec. 08.18.171. Definitions.
In this chapter,
     (1) “builder” means general contractor;

     (2) “cash deposit” means a cash deposit or other negotiable security filed with the commissioner in lieu of a surety bond under AS 08.18.071(b);

     (3) “commissioner,” unless the text reads otherwise, means the commissioner of the Department of Commerce, Community, and Economic Development;

     (4) “contractor” means a person who, in the pursuit of an independent business, undertakes or offers to perform, or claims to have the capacity to perform, or submits a bid for a project to construct, alter, repair, move, or demolish a building, highway, road, railroad, or any type of fixed structure, including excavation and site development and erection of scaffolding; “contractor” includes a general contractor, builder, mechanical contractor, specialty contractor, and subcontractor;

     (5) “department” means the Department of Commerce, Community, and Economic Development, unless the context indicates otherwise;

     (6) “existing home” means a residence previously occupied as a residence;

     (7) “general contractor” means a contractor whose business operations require the use of more than three trades or the use of mechanical or specialty contractors and subcontractors who are under the supervision of the contractor;

     (8) “home inspection” means a visual examination, performed in accordance with standards of practice adopted by the department, of the readily accessible parts of one or more of the following systems and components of a residence or intended residence:
          (A) heating and air-conditioning systems;

          (B) plumbing and electrical systems;

          (C) built-in appliances;

          (D) roof, attic, and visible insulation;

          (E) walls, ceilings, floors, windows, and doors;

          (F) foundation and basement;

          (G) visible interior and exterior structures;

          (H) drainage to and from the residence;

          (I) other systems or components as specified by the department in regulations;

     (9) “home inspector” means an individual who performs or offers to perform a home inspection for a fee;

     (10) “joint registration” means a certificate of registration that authorizes an individual to inspect both new homes and existing homes;

     (11) “knowingly” has the meaning given in AS 11.81.900;

     (12) “mechanical contractor” means a contractor whose business operations involve plumbing, pipe fitting, sheet metal, heating, air conditioning, ventilating, or sprinkler and dry chemical fire protection trades in order to install or modify mechanical piping and systems, devices, fixtures, and equipment or other mechanical materials subject to the following codes as published by the International Association of Plumbing and Mechanical Officials or the International Conference of Building Officials:
          (A) Uniform Plumbing Code;

          (B) Uniform Swimming Pool, Spa, and Hot Tub Code;

          (C) Uniform Solar Energy Code; and

          (D) Uniform Mechanical Code;

     (13) “new home” means a residence not previously occupied as a residence;

     (14) “residence” means
          (A) a single-family home other than a mobile home;

          (B) a duplex, triplex, or four-plex; or

          (C) a residential townhouse or residential condominium unit;

     (15) “residential contractor” means a general contractor whose business and operation involve undertaking the construction or alteration of a privately-owned residential structure of one to four units that is used or intended to be used as a human dwelling;

     (16) “specialty contractor” means a contractor, other than a mechanical contractor, whose business operations are described in AS 08.18.024(b);

     (17) “trade” means a skill used in the field of construction, as defined by regulation by the department;

     (18) “visual examination” means an examination performed in person at the physical location of the residence except that, if a method other than personal physical inspection has been approved by the Alaska Housing Finance Corporation under AS 18.56.300(b), use of the other approved method constitutes a visual examination under this chapter.




Secs. 08.18.180 — 08.18.350. Bond; issuance of license; form and conditions of license; license fees; license renewal; investigations; suspension and revocation of licenses; hearing; renewal of license after suspension or revocation; prohibited acts; disability; lien laws; disclosure of financial information; definitions; short title. [Repealed, § 1 ch 100 SLA 1968.]

Article 1. Board of Chiropractic Examiners.


Chapter 20. Chiropractors.

Sec. 08.20.010. Creation and membership of Board of Chiropractic Examiners.
There is created the Board of Chiropractic Examiners consisting of five members appointed by the governor.


Sec. 08.20.020. Members of board.
Four members of the board shall be licensed chiropractic physicians who have practiced chiropractic in this state not less than two years. One member of the board shall be a person with no direct financial interest in the health care industry. Each member serves without pay but is entitled to per diem and travel expenses allowed by law.


Sec. 08.20.025. Removal of board members.
A member of the board may be removed from office by the governor for cause.


Sec. 08.20.030. Members’ terms; vacancies. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]
Sec. 08.20.040. Organization of board.
Every two years, the board shall elect from its membership a president, vice president and secretary.


Sec. 08.20.050. Power of officers to administer oaths and take testimony.
The president and the secretary may administer oaths in conjunction with the business of the board.


Sec. 08.20.055. Board regulations.
The board shall adopt regulations necessary to effect the provisions of this chapter, including regulations establishing standards for
     (1) continuing education;

     (2) the application, performance, and evaluation of chiropractic core methodology;

     (3) the training, qualifications, scope of practice, and employment of chiropractic interns and chiropractic preceptors;

     (4) the designation of one or more nationally recognized certification programs for chiropractic clinical assistants; and

     (5) the performance of patient examinations authorized under AS 08.20.100(b).




Sec. 08.20.060. Seal.
The board shall adopt a seal and affix it to all licenses issued.


Secs. 08.20.070 — 08.20.080. Secretary; records; reports and accounts of board. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.20.090. Quorum of board.
A majority of the board constitutes a quorum for the transaction of business.


Article 2. Licensing and Regulation.


Sec. 08.20.100. Practice of chiropractic.
 (a) A person may not practice chiropractic or use chiropractic core methodology in the state without a license.

 (b) A person licensed under this chapter may
     (1) analyze, diagnose, or treat the chiropractic condition of a patient by chiropractic core methodology or by ancillary methodology;

     (2) accept referrals for treatmentby chiropractic core methodology or by ancillary methodology;

     (3) consult on chiropractic matters;

     (4) refer patients to other health care professionals;

     (5) perform,within the scope of chiropractic practice, physical examinations of children for school physical examinations and preparticipation physical examinations for sports and school activities;

     (6) sign
          (A) reports for excuses from employment and from attendance at school or participation in sports activities; and

          (B) authorizations for sick leave;

     (7) perform preemployment and workplace health examinations;

     (8) provide disability and physical impairment ratings;

     (9) provide retirement health and disability authorizations and recommendations;

     (10) employ nationally certified chiropractic clinical assistants; and

     (11) employ chiropractic interns and chiropractic preceptors.

 (c) A person licensed under this chapter is not authorized to sign affidavits exempting school children from immunization requirements under AS 14.30.125 or to administer or interpret the results of infectious disease tests required by statute or regulation.

 (d) This section does not apply to a chiropractic intern who is acting within the scope of practice authorized by the board and is under the personal supervision of a licensed chiropractor.




Sec. 08.20.110. Application for license.
A person desiring to practice chiropractic shall apply in writing to the board.


Sec. 08.20.115. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]
Sec. 08.20.120. Qualifications for license.
 (a) An applicant shall be issued a license to practice chiropractic if the applicant
     (1) has a high school education or its equivalent;

     (2) has successfully completed at least two academic years of study in a college of liberal arts or sciences or has engaged in the active licensed practice of chiropractic for three of the four years preceding the filing of the application;

     (3) is a graduate of a school or college of chiropractic that
          (A) is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; or

          (B) if an accrediting agency under (A) of this paragraph does not exist, requires the completion of a minimum of 4,000 hours of formal education and training in order to graduate, including
               (i) 150 hours of chiropractic philosophy or principles;

               (ii) 1200 hours of basic sciences, including anatomy, chemistry, physiology, and pathology;

               (iii) 1400 hours of preclinical technique, including diagnosis, chiropractic technique, and x-rays; and

               (iv) 700 hours of clinical training;

     (4) completes 120 hours of formal training in physiological therapeutics;

     (5) passes an examination given by the board; and

     (6) passes, to the satisfaction of the board, the parts of the examination of the National Board of Chiropractic Examiners required by the board.

 (b) [Repealed § 2 ch 93 SLA 1996.]




Sec. 08.20.130. Examinations.
 (a) Examinations for a license to practice chiropractic may be held in the time and manner fixed by the board.

 (b) The examination may include practical demonstration and oral and written examination in those subjects usually taught in accredited chiropractic schools.

 (c) A general average rating of 75 percent is a passing grade on the examination.

 (d) An applicant may take a reexamination within one year after failing the examination.




Sec. 08.20.135. Associate. [Repealed, § 13 ch 162 SLA 1980.]
Sec. 08.20.140. Licensure by credentials. [Repealed, § 2 ch 93 SLA 1996.]
Sec. 08.20.141. Licensure by credentials.
The board may issue a license by credentials to an applicant who pays the appropriate fee and presents satisfactory proof that the applicant
     (1) is a graduate of a school or college of chiropractic that
          (A) is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; or

          (B) if an accrediting agency under (A) of this paragraph does not exist, requires the completion of a minimum of 4,000 hours of formal education and training in order to graduate, including
               (i) 150 hours of chiropractic philosophy or principles;

               (ii) 1,200 hours of basic sciences, including anatomy, chemistry, physiology, and pathology;

               (iii) 1,400 hours of preclinical technique, including diagnosis, chiropractic technique, and x-rays; and

               (iv) 700 hours of clinical training;

     (2) has held a license in good standing to practice chiropractic in another jurisdiction for the five years preceding the date of application; for purposes of this paragraph, “good standing” means that
          (A) no action has been reported about the applicant in the national licensee database of the Federation of Chiropractic Licensing Boards;

          (B) the applicant has not, within the five years preceding the date of application, been the subject of an unresolved review or an adverse decision based on a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a foreign, state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on the applicant’s ability or competence to engage in the practice of chiropractic or on the safety or well-being of patients; and

          (C) the applicant has not been convicted of a felony within the five years preceding the date of application;

     (3) has been in active licensed clinical chiropractic practice for at least three of the five years immediately preceding the date of application;

     (4) has passed, to the satisfaction of the board, the parts of the examination of the National Board of Chiropractic Examiners required by the board;

     (5) has passed an examination approved by the board that is designed to test the applicant’s knowledge of the laws of the state governing the practice of chiropractic and the regulations adopted under those laws; and

     (6) has completed 120 hours of formal training in physiological therapeutics or has passed, to the satisfaction of the board, a physiological therapeutics examination of the National Board of Chiropractic Examiners required by the board.




Sec. 08.20.150. Recording of license. [Repealed, § 7 ch 37 SLA 1986.]
Sec. 08.20.155. Professional designation.
Notwithstanding the provisions of AS 08.02.010 relating to specialist designations, a person licensed under this chapter may not designate a specialty unless the person has completed a postgraduate specialty program at an accredited school approved by the board and the person has passed a certification exam for the specialty approved by the board. All specialty designations must include the term “chiropractic.”


Sec. 08.20.160. Temporary permits.
Temporary permits may be issued to qualified applicants until the next regular meeting of the board.


Sec. 08.20.163. Temporary permit for locum tenens practice.
 (a) The board may grant a temporary permit to a chiropractor for the purpose of the chiropractor’s substituting for another chiropractor licensed in this state. The permit is valid for 60 consecutive days. If circumstances warrant, an extension of the permit may be granted by the board.

 (b) A chiropractor applying under (a) of this section shall pay the required fee and shall meet the
     (1) requirements of AS 08.20.120; or

     (2) following requirements:
          (A) submit evidence of a current license in good standing, including
               (i) no action reported in the national licensee database of the Federation of Chiropractic Licensing Boards;

               (ii) not having been, within the five years preceding the date of application, the subject of an unresolved review or an adverse decision based upon a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on the applicant’s ability or competence to engage in the practice of chiropractic or on the safety or well-being of patients; and

               (iii) no conviction for a felony within the five years preceding the date of application;

          (B) submit evidence of five years of active licensed clinical practice;

          (C) be a graduate of a school or college of chiropractic that is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board;

          (D) have completed 120 hours of formal training in physiological therapeutics or have passed, to the satisfaction of the board, a physiological therapeutic examination of the National Board of Chiropractic Examiners required by the board;

          (E) have passed, to the satisfaction of the board, Parts I and II of the examination of the National Board of Chiropractic Examiners; and

          (F) pass an examination given by the board.

 (c) Permits and extensions of permits issued under this section to an individual are not valid for more than 240 days during any consecutive 24 months.




Sec. 08.20.165. Inactive license status.
 (a) A licensee who does not practice in the state may convert a license to inactive status when renewing the license. A person who practices in the state, however infrequently, shall hold an active license. A person renewing an inactive license shall meet the same renewal requirements that would be applicable if the person were renewing an active license.

 (b) A person who has an inactive license certificate under (a) of this section may reactivate the license by applying for an active license and paying the required fees.




Sec. 08.20.167. Retired license status.
 (a) Upon retiring from practice and upon payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice chiropractic in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from continuing education requirements adopted by the board under AS 08.20.170(d).

 (b) A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria, as determined under regulations of the board, that may include submission of continuing education credits, reexamination requirements, physical and psychiatric examination requirements, an interview with the board, and a review of information in the national licensee database of the Federation of Chiropractic Licensing Boards.




Sec. 08.20.168. Chiropractic clinical assistant.
 (a) Enrollment in or completion of a nationally recognized certification program under AS 08.20.055(4) is required to practice as a chiropractic clinical assistant in this state.

 (b) A person who meets the requirement under (a) of this section may, under the general supervision of a person licensed under this chapter,
     (1) perform diagnostic imaging studies;

     (2) use ancillary methodologies; and

     (3) perform procedures.




Sec. 08.20.170. Disciplinary sanctions; refusal to issue or renew license.
 (a) The board may impose a disciplinary sanction on a person licensed under this chapter or refuse to issue a license under this chapter when the board finds that the person
     (1) secured or attempted to secure a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of
          (A) a felony or other crime that affects the person’s ability to practice competently and safely; or

          (B) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs;

     (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee’s supervision that does not conform to minimum professional standards established by regulation regardless of whether actual injury to the patient occurred;

     (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;

     (7) continued or attempted to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction or severe dependency on alcohol or a drug that impairs the person’s ability to practice safely;

          (C) physical or mental disability or an infectious or contagious disease;

     (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; or

     (9) failed to satisfy continuing education requirements adopted by the board.

 (b) AS 44.62 (Administrative Procedure Act) applies to any action taken by the board for the suspension or revocation of a license.

 (c) A person whose license is suspended or revoked may within two years from date of suspension apply for reinstatement, and if the board is satisfied that the applicant should be reinstated, it shall order reinstatement.

 (d) The board shall adopt regulations that ensure that renewal of license is contingent on proof of continued competency by a practitioner.




Sec. 08.20.175. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075.]
Sec. 08.20.180. Fees.
 (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.

 (b) [Repealed, § 24 ch 22 SLA 2001.]




Sec. 08.20.185. Utilization review committee; confidentiality.
 (a) The board may establish a utilization review committee to review complaints concerning the reasonableness or appropriateness of care provided, fees charged, or costs for services rendered by a licensee to a patient. A review conducted by a utilization review committee under this section may be used by the board in considering disciplinary action against a licensee, but the results or recommendations of a utilization review committee are not binding on the board. A member of a utilization review committee established under this section who in good faith submits a report under this section or participates in an investigation or judicial proceeding related to a report submitted under this section is immune from civil liability for the submission or participation.

 (b) The board shall charge a complainant a fee, established under AS 08.01.065, for utilization review under this section.

 (c) Patient records presented to a utilization review committee for review under this section that were confidential before their presentation to the committee are confidential to the committee members and to the board members and are not subject to inspection or copying under AS 40.25.110 - 40.25.125. A committee member or board member to whom confidential records are presented under this subsection shall maintain the confidentiality of the records. A person who violates this subsection is guilty of a class B misdemeanor.




Sec. 08.20.190. Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.]
Sec. 08.20.195. Limitation of practice.
A person licensed under this chapter or a person who is practicing as a chiropractic intern, chiropractic clinical assistant, or chiropractic preceptor under this chapter may act only within the scope of practice authorized by the board.


Article 3. Unlawful Acts and Penalties.


Sec. 08.20.200. Unlicensed practice .
A person who practices chiropractic in the state without a license in violation of AS 08.20.100 is guilty of a class A misdemeanor and may be punished as provided in AS 12.55.


Sec. 08.20.210. Fraudulent licenses and certificates.
A person who obtains or attempts to obtain a chiropractic license or provides the board with evidence that the person is nationally certified to practice as a chiropractic clinical assistant by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a chiropractic license or chiropractic clinical assistant certificate issued by a nationally recognized certification program is guilty of a class A misdemeanor and is punishable as provided in AS 12.55.


Article 4. General Provisions.


Sec. 08.20.220. Chiropractic defined. [Repealed, § 13 ch 60 SLA 1988.]
Sec. 08.20.230. Practice of chiropractic.
The practice of chiropractic
     (1) addresses ramifications of health and disease with a special emphasis on biomechanical analysis, interpretation and treatment of the structural and functional integrity of skeletal joint structures, and the physiological efficiency of the nervous system as these matters relate to subluxation complex; and

     (2) involves the diagnosis, analysis, or formulation of a chiropractic diagnostic impression regarding the chiropractic conditions of the patient to determine the appropriate method of chiropractic treatment.




Sec. 08.20.900. Definitions.
In this chapter,
     (1) “ancillary methodology” means employing within the scope of chiropractic practice, with appropriate training and education, those methods, procedures, modalities, devices, and measures commonly used by trained and licensed health care providers and includes
          (A) physiological therapeutics; and

          (B) counseling on dietary regimen, sanitary measures, physical and mental attitudes affecting health, personal hygiene, occupational safety, lifestyle habits, posture, rest, and work habits that enhance the effects of chiropractic adjustment;

     (2) “board” means the Board of Chiropractic Examiners;

     (3) “chiropractic” is the clinical science of human health and disease that focuses on the detection, correction, and prevention of the subluxation complex and the employment of physiological therapeutic procedures preparatory to and complementary with the correction of the subluxation complex for the purpose of enhancing the body’s inherent recuperative powers, without the use of surgery or prescription drugs; the primary therapeutic vehicle of chiropractic is chiropractic adjustment;

     (4) “chiropractic adjustment” means the application of a precisely controlled force applied by hand or by mechanical device to a specific focal point of the anatomy for the express purpose of creating a desired angular movement in skeletal joint structures in order to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex; “chiropractic adjustment” utilizes, as appropriate, short lever force, high velocity force, short amplitude force, or specific line-of-correction force to achieve the desired angular movement, as well as low force neuro-muscular, neuro-vascular, neuro-cranial, or neuro-lymphatic reflex technique procedures;

     (5) “chiropractic clinical assistant” means a person who works under the general supervision of a person licensed under this chapter and who is
          (A) enrolled in a nationally recognized certification program that certifies chiropractic clinical assistants; or

          (B) certified by a national organization that certifies chiropractic clinical assistants;

     (6) “chiropractic core methodology” means the treatment and prevention of subluxation complex by chiropractic adjustment as indicated by a chiropractic diagnosis and includes the determination of contra-indications to chiropractic adjustment, the normal regimen and rehabilitation of the patient, and patient education procedures; chiropractic core methodology does not incorporate the use of prescription drugs, surgery, needle acupuncture, obstetrics, or x-rays used for therapeutic purposes;

     (7) “chiropractic diagnosis” means a diagnosis made by a person licensed under this chapter based on a chiropractic examination;

     (8) “chiropractic examination” means an examination of a patient conducted by a person licensed under this chapter, or by a chiropractic clinical assistant or chiropractic intern under the supervision of a person licensed under this chapter, for the express purpose of ascertaining whether symptoms of subluxation complex exist and consisting of an analysis of the patient’s health history, current health status, results of diagnostic procedures, including x-ray and other diagnostic imaging devices, and postural, thermal, physical, neuro-physical, and spinal examinations that focuses on the discovery of
          (A) the existence and etiology of disrelationships of skeletal joint structures; and

          (B) interference with normal nerve transmission and expression;

     (9) “chiropractic intern” means a person who is engaged in the practice of chiropractic while under the personal supervision of a person licensed under this chapter for the purpose of obtaining practical experience for licensure as a chiropractor;

     (10) “chiropractic preceptor” means a person who is licensed under this chapter and who participates in the instruction and training of chiropractic interns.

     (11) “manipulation” means an application of a resistive movement by applying a nonspecific force without the use of a thrust, that is directed into a region and not into a focal point of the anatomy for the general purpose of restoring movement and reducing fixations;

     (12) “physiological therapeutics” means the therapeutic application of forces that induce a physiologic response and use or allow the natural processes of the body to return to a more normal state of health; physiological therapeutics encompasses the diagnosis and treatment of disorders of the body, utilizing
          (A) manipulation;

          (B) the natural healing forces associated with air, cold, heat, electricity, exercise, light, massage, water, nutrition, sound, rest, and posture;

          (C) thermotherapy, cryotherapy, high frequency currents, low frequency currents, interferential currents, hydrotherapy, exercise therapy, rehabilitative therapy, meridian therapy, vibratory therapy, traction and stretching, bracing and supports, trigger point therapy, and other forms of therapy;

     (13) “subluxation complex” means a biomechanical or other disrelation or a skeletal structural disrelationship, misalignment, or dysfunction in a part of the body resulting in aberrant nerve transmission and expression.




Chapter 24. Collection Agencies.

Sec. 08.24.010. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.011. Collection Agency Board. [Repealed, § 16 ch 6 SLA 1984.]
Sec. 08.24.016. Transportation and per diem. [Repealed, § 1 ch 165 SLA 1970.]
Sec. 08.24.020. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.021. Appointment and term of office. [Repealed, § 16 ch 6 SLA 1984.]
Sec. 08.24.030. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.031. Regulations. [Repealed, § 16 ch 6 SLA 1984.]
Sec. 08.24.040. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.041. Duty to enforce chapter.
The department shall enforce all laws and regulations relating to collection agencies.


Sec. 08.24.045. Duty to pass upon qualifications.
The commissioner or the commissioner’s designee shall pass upon the qualifications of applicants for collection agency licenses and operators licenses.


Sec. 08.24.050. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.051. Power to seek injunctions.
The department may apply to the superior court for an injunction to temporarily restrain a violation of this chapter or a regulation adopted under it, conduct investigations of alleged violations of this chapter and regulations adopted under this chapter, and perform other action necessary to accomplish the purposes of this chapter.


Sec. 08.24.060. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.061. Publication of applicable law.
The department shall reproduce the laws relating to licensing of collection agencies and operators, the regulations adopted by the department and other pertinent matter, publish the material in pamphlet form, and make the pamphlets available to the public without expense.


Sec. 08.24.070. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.071. Directory of licensed agencies. [Repealed, § 19 ch 6 SLA 1998.]
Sec. 08.24.080. [Repealed, § 3 ch 101 SLA 1968.]
Sec. 08.24.090. License required.
 (a) A person other than a collection agency licensed and authorized under this chapter may not for compensation
     (1) conduct a collection agency business in this state;

     (2) collect claims for others in this state;

     (3) solicit the right to collect or receive payment of a claim for another;

     (4) advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment of a claim for another;

     (5) seek to make collection or obtain payment of a claim on behalf of another.

 (b) This chapter does not apply to the following when engaged in the regular course of their respective businesses:
     (1) attorneys at law;

     (2) persons regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor;

     (3) banks, including trust departments of banks, fiduciaries and financing and lending institutions;

     (4) common carriers;

     (5) title insurers and abstract companies while doing an escrow business;

     (6) licensed real estate brokers;

     (7) employees of licensees under this chapter;

     (8) substation payment offices employed by or serving as independent contractors for public utilities.

 (c) A violation of this section is a misdemeanor punishable by imprisonment in a jail for not to exceed one year, or by a fine of not more than $1,000, or by both.




Sec. 08.24.100. Licensed operator required; exceptions; renewal.
 (a) Notwithstanding any other provision of this chapter, a licensee may not engage in the collection agency business unless and until the collection agency and each branch office of the agency is under the management and control of a licensed operator for each office. The department may waive this requirement for a period not to exceed 90 days upon the death or disability of an operator or for other good cause.

 (b) The operator’s license is renewable on or before July 1 of each second year.




Sec. 08.24.110. Qualification for operator’s license.
 (a) To qualify for an operator’s license, the applicant shall
     (1) be a high school graduate, or have the equivalent education of a high school graduate;

     (2) be of good moral character;

     (3) not have been convicted of violating this chapter, nor have any unsettled complaints under this chapter against the applicant;

     (4) not have been convicted of a felony or a crime of larceny or embezzlement or a crime involving moral turpitude;

     (5) be 19 years of age or older at the time of application;

     (6) not be a disbarred attorney or have filed bankruptcy;

     (7) pay the biennial license fee.

 (b) The commissioner may waive or modify the requirements specified in (a)(1), (3), (4) and (6) of this section for good cause shown.




Sec. 08.24.120. Application for operator’s license.
 (a) An application for an operator’s license shall be made on forms furnished by the department and must contain the information required in AS 08.24.110 and the following:
     (1) a complete set of fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check;

     (2) a 2" x 3" photograph showing a front view of head and shoulders;

     (3) if it is an original application, the application fee;

     (4) the biennial license fee.

 (b) The department may make a complete investigation of applicants, including inquiry of police agencies as to the applicant’s record of arrest or conviction of crime. The department shall submit the fingerprints and fees received under (a)(1) of this section to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400.




Sec. 08.24.130. Application for agency license.
 (a) An application for a collection agency license or for a renewal of a license shall be made upon forms furnished by the department and must contain the following information:
     (1) the full name and proposed business name of the applicant;

     (2) the address of the applicant’s principal place of business and branch offices;

     (3) the names and addresses of the applicant and those associated with the applicant; if the applicant is a corporation or association, the application must contain the names of the officers of the corporation or association;

     (4) the names and residential addresses of the applicant’s operators;

     (5) additional information that the department by regulation requires.

 (b) A natural person applying for a collection agency license must be 19 years of age or older at the time of making application.




Sec. 08.24.135. Fees.
The department shall set fees for licenses and applications under AS 08.01.065 and shall set delayed renewal penalties under AS 08.01.100.


Sec. 08.24.140. Fee, bond, and other material.
 (a) The application must be accompanied by
     (1) if it is an original application, the application fee;

     (2) the biennial license fee for a collection agency for the principal place of business and the same amount for each branch office;

     (3) a bond running to the state with a surety or sureties to the satisfaction of the department, and conditioned that the licensee shall, within 30 days after the close of each calendar or fiscal month, report and pay to the licensee’s customers the net proceeds due and payable of all collections made during the calendar or fiscal month that exceed $20.

 (b) All money collected by an agency belonging to a client shall be deposited in a trust account and cleared at the end of each month. The department may audit any agency transaction.




Sec. 08.24.150. Bond.
 (a) The bond provided for in AS 08.24.140 shall be in the sum of $5,000, executed by the applicant, as principal, and by a corporation that is licensed or authorized to transact business of fidelity and surety insurance within the state as surety. The department may at any time request verification of a bonding agent’s authority by the main office of any company acting as surety.

 (b) A licensee may, at any time, file with the department a new bond. A licensee may in lieu of a bond make a $5,000 cash deposit with the department, the deposit to be held by the department under the same terms and conditions as if bond in that amount were posted.

 (c) A surety may file with the department notice of the surety’s withdrawal on the bond of a licensee. Upon filing a new bond, or upon the revocation of the collection agency license, or upon expiration of 60 days after the filing of notice of withdrawal as surety by the surety, the liability of the former surety for all future acts of the licensee is terminated.

 (d) The department shall immediately cancel the bond given by a surety company upon being advised its license to transact business of fidelity and surety insurance has been revoked by the state.

 (e) Upon the filing with the department of notice by a surety of the surety’s withdrawal as the surety on the bond of a licensee or upon the cancellation by the department of the bond of a surety company as provided in this section, the department shall immediately give notice to the licensee of the withdrawal or cancellation. The notice shall be by registered or certified mail with request for a return receipt and addressed to the licensee at the licensee’s main office, as shown by the records of the department. At the expiration of 30 days from the date of mailing the notice, the license of the licensee is terminated unless the licensee has filed a new bond with a surety satisfactory to the department. All bonds given under this chapter shall be filed and held in the office of the department.

 (f) The bond required by this section remains in effect until cancelled by action of the surety, the principal, or the department. An action may not be initiated upon the bond after two years from its cancellation.




Sec. 08.24.160. Form of bond.
The bond required by AS 08.24.140 and 08.24.150 shall be in the form substantially as follows:


BONDKnow all Men by These Presents that we,.................................., as principal, and..................................as surety, are held and firmly bound to the State of Alaska, in the penal sum of $............, lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally.The condition of this obligation is such that whereas, the bonded principal, named above, has applied to the Department of Commerce, Community, and Economic Development of the State of Alaska for a collection agency license under the provisions of AS 08.24 and is required by the provisions of that law to furnish a bond conditioned as herein set out.Now, therefore, if.................................., within 30 days after the close of each fiscal or calendar month, reports and pays to customers the net proceeds due and payable of all collections made during that calendar or fiscal month which exceed $20, and strictly, honestly and faithfully complies with the provisions of AS 08.24 and all amendments to it and regulations adopted under it, then this obligation is void, otherwise to remain in full force and effect.This bond becomes effective on the.........day of........., 2..... The surety may be relieved of future liability under it by giving 60 days” written notice to the principal and to the Department of Commerce, Community, and Economic Development of the State of Alaska.This bond is one continuing obligation and the liability of the surety for the aggregate of all claims which may arise under it may in no event exceed the amount of the penalty set out in it.IN WITNESS WHEREOF we have hereunto set our hands and seals at.................................., Alaska, this.........day of........., 2..... (SEAL)..................................Principal (SEAL)..................................Surety



Sec. 08.24.170. Return of fees and bond.
If the department does not issue the license applied for, the license fee and bond shall be returned. The application fee may not be returned.


Sec. 08.24.180. Persons presently engaged in collection business. [Repealed, § 62 ch 21 SLA 1991.]
Sec. 08.24.190. License not assignable; death of licensee.
 (a) Except as provided in (b) of this section, a license granted under this chapter is a personal privilege and is not assignable.

 (b) Upon the death of a collection agency licensee, the department has the right to transfer the license of the decedent to the executor or administrator of the decedent’s estate for the period of the unexpired term of the license and the court having jurisdiction of the probate of the estate of the decedent may authorize the executor or administrator to continue the collection agency business of the decedent and upon other terms and conditions as the court may prescribe.

 (c) The death of the operator of a corporate licensee shall in no way interfere with the continuation of the licensed business if another licensed operator is placed in management control of the corporate licensee.




Sec. 08.24.200. Expiration and renewal.
 (a) All licenses required by this chapter shall expire on June 30, 1970, and June 30 of each second year thereafter and shall be renewed as of July 1 following upon payment of required biennial fees.

 (b) If a licensee under this chapter is delinquent for a period of 15 days in applying for the renewal of a license, the department shall suspend the license and notify the licensee by certified mail or by personal service. The notice must state that the license will be revoked if application for renewal is not made within 15 days after the date on which the notice was mailed or personally served. When a licensee has been delinquent more than 60 days in renewing a license or certificate, the department shall charge an additional penalty established under AS 08.01.100(b) before renewal of the license.




Sec. 08.24.210. Annual statement of collection.
Each collection agency licensee shall, not later than January 31 of each calendar year, file with the department a verified annual statement for the preceding calendar year, showing the respective amounts of all customers’ money collected by the licensee during the preceding calendar year, that has not previously been remitted to the customers entitled to it or properly accounted for, and showing also the amounts of money that the licensee has on deposit in a bank or in the licensee’s possession for the purpose of liquidating any and all amounts due to customers. The statement must contain the name and address of the bank. The annual statement shall be made substantially in the following form:


ANNUAL STATEMENT TO DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENTPursuant to AS 08.24.210 the undersigned, .................................., licensed under AS 08.24 to conduct a collection agency business, hereby declares that the amount of money collected during the preceding calendar year by the undersigned, as a licensee under AS 08.24, which has not been remitted to a customer or properly accounted for is $............; and that the amount on deposit with all banks for the purpose of liquidating all amounts to customers is $............The attached schedule contains a true statement of the name and address of each customer of the undersigned to whom there was due or owing at the end of the preceding calendar year on account of collections made during the preceding calendar year the aggregate sum of $20 or more.IN WITNESS WHEREOF, the undersigned has executed this statement on this ......... day of ........., 2 .....      (name of licensee) ...................           (signature) ...................           (capacity) ...................     VERIFICATIONSTATE OF ALASKA ssTHIRD DISTRICTI, the undersigned, being first sworn, do on oath depose and say: That I executed the within annual statement as the licensee named in it or on behalf of the licensee named in it, as the operator, director, or officer of the licensee named in it, as indicated in it; that I have read the statement and know its contents; and that the statement is true...................................Subscribed and sworn to before me this .................................. day of ........., 2 ..................................      Notary Public in and for Alaska           My commission expires:     



Sec. 08.24.220. Semiannual statement of employees. [Repealed, § 19 ch 6 SLA 1998.]
Sec. 08.24.230. False declarations in statement.
The wilful making of a false declaration in the annual statement or biennial statement of employees constitutes sufficient grounds for revocation of the license of the licensee.


Sec. 08.24.240. Failure to file statement.
If the annual statement of collection is not filed as required under AS 08.24.210, the failure to file constitutes grounds for the immediate suspension of the collection agency license of the licensee failing to file the statement, and the department shall notify the licensee by registered or certified mail that the license of the licensee will be suspended upon the expiration of 15 days after the date on which the notice was mailed unless the licensee complies with the provisions of AS 08.24.210. However, for good cause shown and upon satisfactory proof furnished by the licensee that the failure to file the statement was due to a condition not within the control, or was due to excusable neglect, of the licensee, the department may permit the filing of the statement after the time limited and excuse the failure to file the statement within the time limited. If the statement required by AS 08.24.210 is not filed as required by this section, the department shall revoke the license.


Sec. 08.24.250. Information confidential.
Except as otherwise provided in this chapter, information in whatever form required to be filed by the terms of AS 08.24.210 shall be confidential and may not become a public record, but it may be introduced in evidence in a suit, action, or proceeding in a court or in a proceeding involving the granting or revocation of the license of a licensee.


Sec. 08.24.260. Investigations.
The department may, upon its own motion, and shall, upon the sworn complaint in writing of a customer of a collection agency, investigate the actions of a licensee claimed to have violated this chapter and, for that purpose, shall have free access to the offices and place of business and, if the complaint involves customer accounts, to all pertinent books, accounts, records, papers, files, safes, and vaults of the licensee or certificate holder. If the complaint involves the owing of money, or any other thing of value, by a licensee to the complainant, when the licensee raises the issue of an offset or counterclaim, the department may require the complainant to submit all records and data in the complainant’s possession pertaining to the offset or counterclaim.


Sec. 08.24.270. Administrative Procedure Act.
The department shall comply with AS 44.62 (Administrative Procedure Act) both as to adoption of regulations and adjudication.


Sec. 08.24.280. Records and funds.
 (a) A collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all the records and all customers’ funds in a trust account with a recognized financial institution in this state. Collection agencies shall maintain accounting records of collections for and payments to customers for a period of six years from the date of the last entry. Collection agencies shall keep other records for a period of two years from the date of the last entry.

 (b) Every collection agency shall maintain a permanent numerical receipt record that indicates as to each payment made by a debtor the following information:
     (1) the name of the debtor making payment;

     (2) the amount paid;

     (3) the name of the creditor to whom funds are being applied;

     (4) the date and form of payment;

     (5) the balance remaining due on account.

 (c) An agency using a computer system giving read-out debtor payment information is not required to maintain a numerical receipt record; however, if requested, a receipt shall be furnished to debtor.

 (d) The receipt shall be made immediately upon the receipt of funds by the collection agency in payment of a debt; the original copy to be made immediately available to the debtor who has made payment, upon request; and a copy to be made immediately available to the creditor for whom payment was received, upon request; and a copy to be maintained in the permanent receipt record.

 (e) A collection agency shall maintain daily cash ledger sheets showing all funds received from debtors and all funds received as fees for services, such as credit reports and the like.

 (f) A collection agency or employee of a collection agency may not intentionally make a false entry in the collection agency record or intentionally mutilate, destroy, or otherwise dispose of a record within the time limits provided in this section. The records shall at all reasonable times be open for inspection by the department.

 (g) A collection agency shall maintain a separate trust account exclusively for customers’ funds and shall keep the funds in the trust account until disbursed to the customer.




Sec. 08.24.290. Suspension, revocation, or refusal to renew or grant a license or certificate.
The department may suspend, revoke, or refuse to renew or grant a license issued or applied for under this chapter if the licensee or applicant or a partner, associate, or major stockholder of a collection agency has since the date of the application been disbarred from the practice of law or been convicted of fraud, embezzlement, obtaining money under false pretenses, a crime involving moral turpitude, extortion, conspiracy to defraud, violation of a provision of this chapter, or violation of a regulation adopted under authority of this chapter.


Sec. 08.24.300. Court action by agency.
A collection agency is not entitled to maintain a suit or action involving the collection of money on behalf of its customers in a court of this state without alleging and proving that it is licensed and has procured a bond, as provided in this chapter. A copy of the collection agency license, certified by the department to be a true and correct copy is prima facie evidence of the licensing and bonding of the collection agency for the term expressed in the copy of the license.


Sec. 08.24.310. Additional business names.
A collection agency using a business name other than the one appearing on the application for its license shall secure a separate license and bond as provided in this chapter for each business name used.


Sec. 08.24.320. Documents which imitate judicial process.
Forms of demand or notice or other documents drawn to resemble court process may not be used by collection agencies in the collection of bills, accounts, or other indebtedness.


Sec. 08.24.330. Duty to maintain a public office.
Each collection agency shall maintain its principal office and any branch office at a street address that is stated in its original application for license or another address that the agency may designate to the department; the office shall be maintained in such a manner as to be open for contact by the public or debtors during normal working hours.


Sec. 08.24.340. Statement of persons employed by agency.
 (a) Within 15 days after licensure under this chapter, a collection agency shall submit to the department a list of all persons employed by the agency. Thereafter, upon hiring a new employee, the collection agency shall, within 15 days after the hiring, submit to the department the name of the newly hired employee and the further information required by (b) of this section.

 (b) There shall be submitted with the name of the employee employed by the collection agency the following information:
     (1) the employee’s residence address;

     (2) the employee’s length of residence in the state;

     (3) a statement of the new employee’s previous employment in the last year;

     (4) further information which the department may require.

 (c) The statement shall be verified by the employee before a notary public or other person authorized to administer oaths.

 (d) The owner or licensed operator of the collection agency shall also state upon the form submitted the date upon which the new employee was hired and that the new employee is an employee of the collection agency at the time the form is executed.




Sec. 08.24.350. Notice of withdrawal of employees.
When an employee withdraws from employment or the employee’s employment with a collection agency is terminated for any reason, the agency shall, within 15 days of withdrawal or termination of employment, notify the department in writing of the employee’s withdrawal from employment.


Sec. 08.24.360. Fines and penalties.
A collection agency or an operator who fails on written demand to render a true and complete account to the person from whom an indebtedness was taken for collection or who fails to turn over to that person the proceeds of the collection within 30 days after written demand, or who fails to comply with any of the provisions of this chapter is punishable by a fine of not more than $500, or by imprisonment for not more than three months, or by both.


Sec. 08.24.370. Nonresidents.
A nonresident may apply for and receive a collection agency license or an operator license or both on the same basis as a resident. The application fee and the biennial license fee for a nonresident operator or nonresident agency license are double the same fees established by regulations under AS 08.01.065 for a resident operator or agency.


Sec. 08.24.380. Definitions.
In this chapter,
     (1) “collection agency” means a person licensed and authorized to engage in the collection agency business;

     (2) “collection agency business” means the business of engaging directly or indirectly and having as a primary or secondary object, business or pursuit the solicitation of claims for collection or repossession of collateral security or the collection of claims owed or due or asserted to be owed or due to another or the repossession of collateral security;
          (A) a house, agency, firm, person, corporation or voluntary association using a name other than its own in collecting its own claims with the intention of conveying, or which tends to convey, the impression that a third party has been employed, is conducting a collection agency business within the meaning of this chapter;

          (B) a person who sells, attempts to sell, gives away or attempts to give away to another person, other than a licensee under this chapter a system of collection letters, demand forms or other printed matter where the name of a person other than a creditor appears in a manner to indicate that a request or demand is being made by another person, other than the creditor, for the payment of a sum due, or asserted to be due, or who solicits or accepts accounts for collection on a contingent or percentage basis or by a fee or outright purchase for collection purposes, is considered to be in the collection agency business within the meaning of this chapter;

     (3) “commissioner” means the commissioner of commerce, community, and economic development;

     (4) “department” means the Department of Commerce, Community, and Economic Development;

     (5) “operator” means a person having managerial control of a collection agency.




Article 1. Licensing.


Chapter 26. Private Professional Conservators and Guardians.

Sec. 08.26.010. License required; exception.
 (a) Except as provided by (b) of this section or AS 08.26.180, a person may not engage in the business of providing services as a private professional guardian or conservator unless the person has a license issued under this chapter.

 (b) An individual may be appointed and provide services as a private professional guardian or conservator without a license issued under this chapter and receive compensation approved by a court as long as the individual does not act as a guardian or conservator for more than one person or two people who are related to each other up to and including the fourth degree of consanguinity, whether of the whole or half blood or by adoption, computed under the rules of civil law.




Sec. 08.26.020. Requirements for private professional full and partial guardian licenses.
 (a) The department shall issue a private professional full guardian license to an individual
     (1) who is at least 21 years of age;

     (2) who has two or more years of professional client casework experience or at least an associate degree in human services, social work, psychology, sociology, gerontology, special education, or a closely related field;

     (3) who is certified as a guardian by a nationally recognized organization in the field of guardianships;

     (4) whose criminal history record checks under AS 08.26.070 show that the individual has not been convicted of a felony or of a misdemeanor offense in the state or in any other jurisdiction involving fraud, misrepresentation, material omission, misappropriation, theft, conversion, or any other crime the department determines would affect the individual’s ability to provide the services of a guardian competently and safely for the protected person within 10 years before the application;

     (5) who satisfies the application requirements of AS 08.26.060; and

     (6) who satisfies the requirements for obtaining a private professional conservator license under AS 08.26.030.

 (b) The department shall issue a private professional partial guardian license to an individual who satisfies the requirements under (a)(1) — (5) of this section. A licensed private professional partial guardian may not perform conservator services.




Sec. 08.26.030. Requirements for private professional conservator license.
The department shall issue a private professional conservator license to an individual
     (1) who is at least 21 years of age;

     (2) who has obtained a high school diploma, or a general education development diploma or its equivalent;

     (3) who has six months’ employment experience in a position involving financial management, or has at least an associate degree in accounting or a closely related field;

     (4) who is certified as a guardian by a nationally recognized organization in the field of guardianships;

     (5) whose criminal history record checks under AS 08.26.070 show that the individual has not been convicted of a felony or of a misdemeanor offense in the state or in any other jurisdiction involving fraud, misrepresentation, material omission, misappropriation, theft, conversion, or any other crime that the department determines would affect the individual’s ability to provide the services of a conservator competently and safely for the protected person within 10 years before the application; and

     (6) who satisfies the application requirements of AS 08.26.060.




Sec. 08.26.040. Requirements for organizational license. [Repealed, § 31 ch 53 SLA 2008.]
Sec. 08.26.050. Temporary license.
 (a) The department shall issue a temporary license to an individual under AS 08.26.020 or 08.26.030 who
     (1) is not certified by a nationally recognized organization in the field of guardianships at the time of the application but is likely to become certified within one year from the date of the license, and otherwise satisfies the licensing requirements of AS 08.26.020 or 08.26.030; and

     (2) satisfies the application requirements of AS 08.26.060.

 (b) If the individual with a temporary license under (a) of this section submits proof of certification by a nationally recognized organization in the field of guardianships within one year from the date of the issuance of the temporary license, the department shall issue the individual a license under AS 08.26.020 or 08.26.030 without requiring a new application.

 (c) A temporary license issued under this section may not be renewed.




Sec. 08.26.060. Application requirements.
To apply for a license under this chapter, a person shall submit an application on a form provided by the department and submit
     (1) two complete fingerprint cards containing fingerprints and other information required by the Department of Public Safety to obtain state and national criminal history record information under AS 12.62 and AS 12.64;

     (2) a written waiver of confidentiality signed by the applicant allowing the department to access at any time relevant complaint information made about the applicant to adult protective services, the designated protection and advocacy agency, the long term care ombudsman, or an entity that certifies or licenses private professional guardians or private professional conservators;

     (3) a written statement signed by the applicant that the applicant will allow immediate access at any time to the department to the file of a ward or protected person and to financial information regarding the applicant, including corporate or other business records; and

     (4) payment of the application fee, any criminal history record information checks fee charged under AS 12.62.160(d), and any other fees required by the department.




Sec. 08.26.070. Criminal history record information checks.
 (a) For each applicant for a license under this chapter, the department shall submit the fingerprint cards and other relevant information received with the application to the Department of Public Safety and request the Department of Public Safety to
     (1) submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record information check on the applicant;

     (2) perform a state criminal history record information check on the applicant; and

     (3) provide the department with the results of the criminal history record information checks made under (1) and (2) of this subsection.

 (b) The department may not issue a license to a person under this section unless the department receives the report required by (a)(3) of this section.




Article 2. Reports.


Sec. 08.26.080. Annual report.
 (a) Within 30 days following the end of each calendar year, a licensee shall submit to the office of public advocacy, Department of Administration
     (1) evidence of the continuing existence of a court ordered bond, if any, required by a court to be maintained by the guardian or conservator;

     (2) a list, including case numbers, of the wards and protected persons for whom the licensee is acting as a private professional guardian or private professional conservator;

     (3) an accurate financial statement of the licensee, including total fees collected from the protected person, total business expenses, and documents necessary to establish financial solvency of the licensee;

     (4) a letter stating that the licensee has filed all required court reports in the previous calendar year; and

     (5) a copy of all of the licensee’s federal tax documents filed with the Internal Revenue Service and all of the licensee’s correspondence with the Internal Revenue Service for the calendar year.

 (b) The office of public advocacy shall notify the department of the licensee’s compliance with (a) of this section.




Sec. 08.26.090. Submission of court reports to department.
Upon request of the department, a licensee shall submit to the department a copy of the reports that the licensee is required to submit to a court under AS 13.26.


Article 3. Practices.


Sec. 08.26.100. Court appointment.
An individual who engages in the business of providing services as a guardian or conservator may not be appointed as a guardian or a conservator in a court proceeding unless the individual is licensed under this chapter or exempt under AS 08.26.010 or AS 08.26.180.


Sec. 08.26.110. Fees.
 (a) A licensee may not receive a payment for services rendered to a ward or a protected person until the licensee obtains court approval of a proposed fee schedule. The fee schedule must include a statement of the hourly fee for professional and administrative services and a monthly maximum amount that the licensee can charge the ward or protected person.

 (b) A payment requested by a licensee that exceeds the established monthly maximum amount identified under (a) of this section may not be made unless the payment is approved by the court. A request for court approval of a fee that exceeds the established monthly maximum amount must include the following information for the services covered by the fee:
     (1) the name of the person who provided the service;

     (2) the date when the service was provided;

     (3) the hourly rate of compensation for the service;

     (4) a description of the service; and

     (5) the amount of time used to perform the service.




Sec. 08.26.120. Required notification.
A licensee shall notify the department immediately if
     (1) the licensee fails to file a report to the court required by this chapter;

     (2) the licensee has been removed as a guardian or conservator for a ward or protected person;

     (3) the licensee has received a gift with a value of more than $100 from a ward or protected person during the two years before the appointment;

     (4) the licensee has an interest in an enterprise that provides services to the ward or protected person;

     (5) an employee or contractor of the licensee is arrested for any offense; or

     (6) the licensee has filed for bankruptcy.




Article 4. Discipline.


Sec. 08.26.130. Grounds for disciplinary action.
The department may take disciplinary action against an individual under AS 08.01.075 or refuse to issue or renew a license if the department determines that the individual
     (1) obtained or attempted to obtain a license under this chapter through deceit, fraud, or intentional misrepresentation;

     (2) has not complied with the standards of conduct established by the department under AS 13.26.001;

     (3) forfeited a license in this or another jurisdiction as a result of deceit, fraud, intentional misrepresentation, or professional incompetence;

     (4) has been found by a court in this state to have engaged in professional misconduct or incompetence;

     (5) has advertised the individual’s services in a false or misleading manner;

     (6) has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that affects the individual’s ability to provide services competently and safely for the ward or protected person;

     (7) has been found to have abandoned, exploited, abused, or neglected a vulnerable adult; in this paragraph, “vulnerable adult” has the meaning given in AS 47.24.900;

     (8) has failed to comply with this chapter or with a regulation adopted under this chapter;

     (9) has continued or attempted to practice after becoming unfit due to professional incompetence;

     (10) has failed to maintain certification by a nationally recognized organization in the field of
          (A) guardianships, if the individual was issued a private professional guardian license; or

          (B) conservatorships, if the individual was issued a private professional conservator license; or

     (11) fails to maintain a bond or other surety as required by a court order.




Sec. 08.26.140. Petition by department.
In addition to the disciplinary actions allowed under AS 08.01.075, the department may petition a court to review the conduct of a licensee if the department determines that the conduct of the licensee may not be in the best interests of the ward or protected person.


Article 5. General Provisions.


Sec. 08.26.180. Exemption.
An individual who is employed by a financial institution regulated by the federal government or a financial institution regulated under AS 06 by the department is not required to be licensed under this chapter in order to engage, in the course of the individual’s employment by the financial institution, in the business of providing services as a guardian or a conservator or be appointed as a private professional guardian or a private professional conservator by a court. In this section, “financial institution” does not include a person who is exempt under AS 06.26.020 or who has received an exemption under AS 06.26.200.


Sec. 08.26.190. Definitions.
In this chapter,
     (1) “conservator” has the meaning given in AS 13.06.050;

     (2) “department” means the Department of Commerce, Community, and Economic Development;

     (3) “guardian” has the meaning given in AS 13.06.050;

     (4) “licensee” means a person licensed under this chapter;

     (5) “private professional conservator” means an individual who acts as a conservator under 13.26.401 — 13.26.580 and receives compensation for acting in that capacity;

     (6) “private professional conservator license” means a license issued under AS 08.26.030;

     (7) “private professional guardian” means an individual who acts as a guardian under 13.26.101 — 13.26.316 and receives compensation for acting in that capacity;

     (8) “private professional guardian license” means a license issued under AS 08.26.020;

     (9) “protected person” has the meaning given in AS 13.26.005;

     (10) “ward” has the meaning given in AS 13.26.005.




Chapter 28. Cosmetologists and Hairdressers.

[Repealed, § 5 ch 159 SLA 1980.]

Article 1. Board of Professional Counselors.


Chapter 29. Licensed Professional Counselors.

Sec. 08.29.010. Board creation; membership.
 (a) There is established the Board of Professional Counselors consisting of five members appointed by the governor, one of whom is a public member and four of whom are licensed professional counselors.

 (b) In addition to the requirements for public members under AS 08.01.025, the public member of the board may not
     (1) ever have been a licensed professional counselor or employed in a commercial or professional field related to counseling; or

     (2) live in a household with a person who is or has been, or have an immediate family member who is or has been, a licensed professional counselor or employed in a commercial or professional field related to professional counseling; in this paragraph, “immediate family member” means a parent, sibling, or child related by blood, marriage, or adoption.

 (c) Of the four counselor members of the board, at least one shall be employed in the private sector and at least one shall be employed in the public sector.




Sec. 08.29.020. Duties of the board.
 (a) In addition to the duties specified in AS 08.01, the board shall
     (1) license professional counselors, establish criteria for supervisor certification, and certify approved counselor supervisors under this chapter; the board may provide for licensure in areas of counseling specialization;

     (2) establish continuing education requirements for the renewal of a license under this chapter;

     (3) adopt, by regulation, a code of ethics that must be observed by persons licensed under this chapter;

     (4) establish education and training requirements that must be met before a professional counselor can administer and use assessment instruments described in AS 08.29.490(1)(C); and

     (5) enforce the provisions of this chapter and adopt regulations necessary to carry out the board’s duties under this chapter.

 (b) The board may delegate to the Department of Commerce, Community, and Economic Development, and the department may perform, a duty for which the board has authority.




Article 2. Licensing Requirements.


Sec. 08.29.100. Unlicensed use of title prohibited.
 (a) A person who is not licensed under this chapter may not
     (1) profess to be a licensed professional counselor, a professional counselor, or a licensed counselor; or

     (2) make use of a title, words, letters, or abbreviations that may reasonably be confused with the title of “licensed professional counselor,” “professional counselor,” or “licensed counselor.”

 (b) Violation of this section is a class B misdemeanor, except that a third or subsequent conviction for violating this section is a class C felony.




Sec. 08.29.110. Qualifications for licensure.
 (a) The board shall issue a professional counselor license to a person who applies for the license, submits the required fee, submits two letters of recommendation from professional counselors who are familiar with the applicant’s practice of professional counseling, and presents evidence satisfactory to the board that the person
     (1) is at least 18 years of age;

     (2) is not under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter;

     (3) has not had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction suspended, revoked, or surrendered in lieu of discipline unless the license has been fully reinstated in that jurisdiction;

     (4) has passed a written examination as required by the board; the board may provide that passing a nationally recognized examination for professional counselors is sufficient to meet the examination requirement of this paragraph;

     (5) has successfully completed either
          (A) an earned doctoral degree in counseling or a related professional field from a regionally or nationally accredited institution of higher education approved by the board; or

          (B) an earned master’s degree in counseling or a related professional field, from a regionally or nationally accredited institution of higher education approved by the board, and at least 60 graduate semester hours in counseling during or after earning the master’s degree; and

     (6) has, after earning the degree required under either (5)(A) or (B) of this subsection, had at least 3,000 hours of supervised experience in the practice of professional counseling performed over a period of at least two years under the supervision of a supervisor approved under AS 08.29.210, with at least 1,000 hours of direct counseling with individuals, couples, families, or groups and at least 100 hours of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, under regulations of the board, the board allows the supervision to be by telephonic or electronic means because of the remote location of the counselor.

 (b) The board may, in its regulations, specify the areas of study that must be covered in order to meet the educational requirements of (a) of this section.




Sec. 08.29.120. Licensure by credentials.
 (a) Except as provided in (b) of this section, the board may issue a license under this chapter to a person who is licensed in another jurisdiction to practice professional counseling if the board finds that the other jurisdiction has substantially the same or higher licensure requirements as this state.

 (b) The board may not license under this section a person who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete and disciplinary sanctions, if any, are imposed and the person has complied with the sanctions.




Sec. 08.29.130. Licensure of foreign-educated applicants.
The board may issue a license under this chapter to a person who
     (1) has completed a doctorate or master’s degree educational program in counseling or a related professional field in a foreign college or university approved by the board;

     (2) meets the requirements of AS 08.29.110 except for AS 08.29.110(a)(5); and

     (3) demonstrates to the satisfaction of the board that the applicant’s experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution in the United States.




Sec. 08.29.140. License renewal.
Renewal of a license under this chapter may not be granted unless the licensee, within the 24 months immediately preceding the renewal date, has completed the continuing education requirements established by the board.


Article 3. Miscellaneous Provisions.


Sec. 08.29.200. Confidentiality of communications.
 (a) A person licensed under this chapter may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to
     (1) a communication to a potential victim, the family of a potential victim, law enforcement authorities, or other appropriate authorities concerning a clear and immediate probability of physical harm to the client, other individuals, or society;

     (2) a case conference or case consultation with other mental health professionals at which the patient is not identified;

     (3) the release of information that the client in writing authorized the licensee to reveal;

     (4) information released to the board during the investigation of a complaint or as part of a disciplinary or other proceeding; or

     (5) situations where the rules of evidence applicable to the psychotherapist-patient privilege allow the release of the information.

 (b) Notwithstanding (a) of this section, a person licensed under this chapter shall report incidents of
     (1) child abuse or neglect as required by AS 47.17;

     (2) harm or assaults suffered by a vulnerable adult as required by AS 47.24.

 (c) Information obtained by the board under (a)(4) of this section is confidential and is not a public record for purposes of AS 40.25.110 — 40.25.140.




Sec. 08.29.210. Supervisor certification.
 (a) The board shall approve and certify a person as an approved counselor supervisor for the purposes of this chapter if the person
     (1) is licensed as a professional counselor or is a licensed physician, licensed advanced practice registered nurse who is certified to provide psychiatric or mental health services, licensed clinical social worker, licensed marital and family therapist, licensed psychologist, or licensed psychological associate;

     (2) submits an application for certification and the appropriate fee;

     (3) has five years of counseling experience;

     (4) provides to the board for its approval or disapproval a statement that details the person’s supervision philosophy, orientation, and experience; and

     (5) meets other criteria that may be established by the board in regulations.

 (b) Certification under (a) of this section remains in effect, without the need for renewal of the certification, until the person’s professional licensure is revoked, suspended, or otherwise lapses.




Sec. 08.29.220. Disclosure statement.
A client may not be charged a fee for professional counseling services unless, before the performance of the services, the client was furnished a copy of a professional disclosure statement that contained
     (1) the name, title, business address, and business telephone number of the professional counselor;

     (2) a description of the formal professional education of the professional counselor, including the institutions attended and the degrees received from them;

     (3) the professional counselor’s areas of specialization and the services available;

     (4) the professional counselor’s fee schedule listed by type of service or hourly rate;

     (5) at the bottom of the first page of the statement, the following sentence: “This information is required by the Board of Professional Counselors which regulates all licensed professional counselors,” followed by the name, address, and telephone number of the board’s office.




Sec. 08.29.230. Limitation of practice.
Notwithstanding that a specific act is within the definition of the “practice of professional counseling,” a person licensed under this chapter may not perform the act if the person lacks appropriate education or training related to the act.


Article 4. General Provisions.


Sec. 08.29.400. Grounds for denial of license or for disciplinary sanctions.
 (a) The board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter or deny a license to a person when the board finds that the person
     (1) has an addiction to, or severe dependency on, alcohol or other drugs that impairs the person’s ability to engage safely in the practice of professional counseling;

     (2) has been convicted of a felony and has not been sufficiently rehabilitated to merit the public trust;

     (3) used fraud, deception, misrepresentation, or bribery in securing a license under this chapter or in obtaining permission to take an examination required under this chapter;

     (4) is incompetent or has committed misconduct, fraud, misrepresentation, or dishonesty in the performance of the functions of a licensed professional counselor;

     (5) violated, or assisted another individual to violate, a provision of this chapter or a regulation adopted under this chapter;

     (6) impersonated a person who holds a license under this chapter;

     (7) has had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction revoked, suspended, limited, or surrendered in lieu of discipline upon grounds for which a license issued under this chapter could be revoked, suspended, limited, or surrendered in lieu of discipline; this paragraph does not apply to license actions for failure to pay a renewal fee;

     (8) assisted another person who is not licensed under this chapter in an attempt to represent the person to the public as a licensed professional counselor;

     (9) was issued a license based on a material mistake of fact;

     (10) used an advertisement or solicitation that is false, misleading, or deceptive to the general public or the person to whom the advertisement was primarily directed; or

     (11) failed to respond within 30 days to a written communication from the board concerning an investigation by the board or failed to make available to the board a relevant record with respect to an investigation about the licensee’s conduct or background.

     (b) The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if
          (1) the licensee or another licensed health care provider is available to provide follow-up care;

          (2) the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person’s primary care provider and, if the person consents, the licensee sends the records to the person’s primary care provider; and

          (3) the licensee meets the requirements established by the board in regulation.

     (c) The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.




Sec. 08.29.490. Definitions.
In this chapter,
     (1) “practice of professional counseling” means, subject to (C) of this paragraph, the application of principles, methods, or procedures of the counseling profession to diagnose or treat, other than through the use of projective testing or individually administered intelligence tests, mental and emotional disorders that are referenced in the standard diagnostic nomenclature for individual, group, and organizational therapy, whether cognitive, affective, or behavioral, within the context of human relationships and systems; if otherwise within the scope of this paragraph, “practice of professional counseling” includes
          (A) the professional application of evaluation techniques, treatments, and therapeutic services to individuals and groups for the purpose of treating the emotional and mental disorders;

          (B) an applied understanding of the dynamics of the individual and of group interactions, along with the application of therapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perceptions, attitudes, and behaviors in the area of human relationships; and

          (C) consistent with regulations adopted by the board under AS 08.29.020(a)(4), administration and use of appropriate assessment instruments that measure or diagnose problems or dysfunctions within the course of human growth and development as part of a counseling process or in the development of a treatment plan;

     (2) “supervision” means supervision in which the supervisor is available to provide clinical oversight to the supervisee either in person or by a communication device.




Article 1. Examination and Licensing of Dental Hygienists.


Chapter 32. Dental Hygienists and Assistants.

Sec. 08.32.010. License required.
Except as provided in AS 08.32.095, a person may not practice, offer or attempt to practice, or advertise or announce as being prepared or qualified to practice dental hygiene without a license.


Sec. 08.32.014. Qualifications for license.
 (a) An applicant for a license to practice dental hygiene shall
     (1) provide evidence to the board that the applicant
          (A) has successfully completed an academic program in dental hygiene of at least two years duration that, at the time of graduation, is accredited by the Commission on Dental Accreditation of the American Dental Association and is approved by the board;

          (B) has passed a written theory examination of the American Dental Association Joint Commission on National Dental Examinations or an equivalent examination approved by the board;

          (C) has successfully passed a state or regional dental hygiene clinical examination approved by the board;

          (D) has not had a license to practice dental hygiene revoked, suspended, or voluntarily surrendered in this state or another state;

          (E) is not the subject of an adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding undertaken by a state, territorial, local, or federal dental licensing jurisdiction;

          (F) is not the subject of an unresolved or adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding undertaken by a state, territorial, local, or federal dental licensing jurisdiction or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant’s ability or competence to practice as a dental hygienist or on the safety or well-being of patients;

          (G) is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Boards Clearinghouse for Board Actions that relates to criminal or fraudulent activity or dental malpractice;

          (H) is not impaired to an extent that affects the applicant’s ability to practice as a dental hygienist;

          (I) has not been convicted of a crime that adversely reflects on the applicant’s ability or competency to practice as a dental hygienist or that jeopardizes the safety or well-being of a patient; and

     (2) meet the other qualifications for a license established by the board by regulation.

 (b) An applicant for a license to practice dental hygiene may be interviewed in person by the board or a designee of the board. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.




Sec. 08.32.015. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]
Sec. 08.32.020. Examination required. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.030. Licensure by credentials.
The board may provide for the licensing without examination of a dental hygienist who
     (1) meets the criteria of AS 08.32.014;

     (2) submits proof of continued competence as specified in regulations adopted by the board;

     (3) is currently licensed to practice dental hygiene in another state or territory of the United States; and

     (4) pays the fees established under AS 08.01.065.




Sec. 08.32.035. Temporary license. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.040. Application and fee. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.050. Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.]
Sec. 08.32.060. Frequency and content of examination. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.070. Licensing of dental hygienists.
The board shall issue each successful applicant a license upon payment of all required fees.


Sec. 08.32.071. Renewal of license.
At least 60 days before expiration of a dental hygienist’s license, the Department of Commerce, Community, and Economic Development shall notify the licensed dental hygienist. Each licensee who wishes to renew a dental hygienist’s license shall submit a completed license renewal form, the appropriate fee, and evidence of continued professional competence as required by the board. The Department of Commerce, Community, and Economic Development shall, as soon as practicable, issue a dental hygienist license valid for a stated number of years. Failure to receive notification from the department under this section does not exempt a licensee from renewing the licensee’s dental hygienist license.


Sec. 08.32.080. Lapse and reinstatement of license. [Repealed, § 7 ch 94 SLA 1968.]
Sec. 08.32.081. Lapse and reinstatement of license.
A licensed dental hygienist who does not pay the renewal fee under AS 08.32.071 forfeits the hygienist’s license. The board may reinstate the license without examination within two years of the date on which payment was due upon written application, proof of continued professional competence, and payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b).


Sec. 08.32.085. Restorative function license endorsement.
 (a) The board shall issue a restorative function endorsement to a licensed dental hygienist if the licensee furnishes evidence satisfactory to the board that the licensee has
     (1) successfully completed a course offered by or under the auspices of a program accredited by the Commission on Dental Accreditation of the American Dental Association or other equivalent course or program approved by the board; and

     (2) passed the Western Regional Examining Board’s restorative examination or other equivalent examination approved by the board within the five years preceding the licensee’s endorsement application, or the licensee is licensed, certified, or otherwise permitted in another state or United States territory to perform restorative functions.

 (b) An endorsement issued under this section authorizes a licensed dental hygienist under the direct supervision of a licensed dentist to place restorations into a cavity prepared by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion of the restoration.

 (c) The board may by regulation establish renewal and continuing education requirements for an endorsement under this section.




Sec. 08.32.090. Temporary license. [Repealed, § 15 ch 59 SLA 1978.]
Sec. 08.32.095. Exemption from license requirement.
 (a) A person enrolled as a student in an accredited dental hygiene program may perform dental hygiene procedures as part of a course of study without a license if
     (1) the procedures are performed under the
          (A) general supervision of a member of the faculty who is licensed under AS 08.36, and under the direct or indirect supervision of a member of the faculty who is licensed under this chapter; or

          (B) direct or indirect supervision of a member of the faculty who is licensed under AS 08.36; and

     (2) the clinical program has received written approval from the board.

 (b) A person practicing dental hygiene under (a) of this section is subject to all other provisions of this chapter and laws and regulations that apply to the practice of dental hygiene by a licensed dental hygienist.




Sec. 08.32.097. Fees. [Repealed, § 40 ch 53 SLA 2012.]

Article 2. Regulation of Dental Hygienists.


Sec. 08.32.100. Employment of dental hygienists. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.110. Scope of practice of dental hygienists.
 (a) The role of the dental hygienist is to assist members of the dental profession in providing oral health care to the public. A person licensed to practice the profession of dental hygiene in the state may,
     (1) under the general supervision of a licensed dentist,
          (A) perform preliminary charting and triage to formulate a dental hygiene assessment and dental hygiene treatment plan;

          (B) remove calcareous deposits, accretions, and stains from the exposed surfaces of the teeth beginning at the epithelial attachment by scaling and polishing techniques;

          (C) remove marginal overhangs;

          (D) use local periodontal therapeutic agents;

          (E) perform nonsurgical periodontal therapy;

          (F) perform other dental operations and services delegated by a licensed dentist if the dental operations and services are not prohibited by (c) of this section;

          (G) if certified by the board, administer local anesthetic agents; and

     (2) if certified by the board and under the direct or indirect supervision of a licensed dentist, administer and monitor nitrous oxide-oxygen conscious sedation.

 (b) The board shall specify by regulation those additional functions that may be performed by a licensed dental hygienist only upon successful completion of a formal course of instruction approved by the board. The board shall adopt regulations specifying the education requirements, evaluation procedures, and degree of supervision required for each function.

 (c) This section does not authorize delegation of
     (1) dental diagnosis, comprehensive treatment planning, and writing prescriptions for drugs; writing authorizations for restorative, prosthetic, or orthodontic appliances;

     (2) operative or surgical procedures on hard or soft tissues; or

     (3) other procedures that require the professional competence and skill of a dentist.

 (d) [Repealed, § 8 ch 111 SLA 2008.]
 (e) This section does not prohibit a licensed dental hygienist
     (1) with an endorsement issued under AS 08.32.085 from performing the activities authorized under AS 08.32.085;

     (2) who has entered into a collaborative agreement approved by the board under AS 08.32.115 from performing the activities authorized under the collaborative agreement; or

     (3) from performing a dental operation, procedure, or service a dentist may delegate to a dental assistant under AS 08.36.346.




Sec. 08.32.115. Collaborative agreements.
 (a) If the collaborative agreement is approved by the board under (d) of this section, a licensed dental hygienist with a minimum of 4,000 documented hours of clinical experience within the five years preceding application for the board’s approval may enter into a collaborative agreement with a licensed dentist in which the licensed dentist authorizes the licensed dental hygienist to perform one or more of the following:
     (1) oral health promotion and disease prevention education;

     (2) removal of calcareous deposits, accretions, and stains from the surfaces of teeth;

     (3) application of topical preventive or prophylactic agents, including fluoride varnishes and pit and fissure sealants;

     (4) polishing and smoothing restorations;

     (5) removal of marginal overhangs;

     (6) preliminary charting and triage to formulate a dental hygiene assessment and dental hygiene treatment plan;

     (7) the exposure and development of radiographs;

     (8) use of local periodontal therapeutic agents; and

     (9) performance of nonsurgical periodontal therapy, with or without the administration of local anesthesia, subsequent to a licensed dentist’s authorization or diagnosis as specified in the licensed hygienist’s collaborative agreement.

 (b) The services described in (a) of this section may be performed under a collaborative agreement approved by the board
     (1) without the presence of the licensed dentist;

     (2) in a setting other than the usual place of practice of the licensed dentist; and

     (3) without the dentist’s diagnosis and treatment plan unless otherwise specified in the collaborative agreement or in (a) of this section.

 (c) The board shall adopt regulations regarding approval of collaborative agreements between licensed dental hygienists and licensed dentists.

 (d) The board may approve a collaborative agreement between a licensed dentist and a licensed dental hygienist. However, the board may not approve more than five collaborative agreements with a licensed dentist, not including any collaborative agreements that have been terminated. A licensed dental hygienist shall notify the board of the termination of a collaborative agreement with a licensed dentist.




Sec. 08.32.120. Place of employment. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.130. Information required. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.140. Supervision required. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.32.150. Revocation of dentist’s license. [Repealed, § 32 ch 49 SLA 1980. For current law, see AS 08.36.315.]
Sec. 08.32.160. Grounds for discipline, suspension, or revocation of license.
The board may revoke or suspend the license of a dental hygienist, or may reprimand, censure, or discipline a licensee, if, after a hearing, the board finds that the licensee
     (1) used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license, certificate, or endorsement;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) failed to comply with this chapter, with a regulation adopted under this chapter or under AS 08.36, or with an order of the board;

     (6) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction or dependence on alcohol or other drugs that impairs the licensee’s ability to practice safely;

          (C) physical or mental disability;

     (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;

     (8) performed clinical procedures without being under the supervision of a licensed dentist;

     (9) did not conform to professional standards in delivering dental hygiene services to patients regardless of whether actual injury to the patient occurred.




Sec. 08.32.165. Limits or conditions on license; discipline.
 (a) In addition to action under AS 08.32.160, upon a finding that by reason of demonstrated problems of competence, experience, education or health the authority to practice dental hygiene should be limited or conditioned or the practitioner disciplined, the board may reprimand, censure, place on probation, restrict practice by specialty, procedure or facility, require additional education or training, or revoke or suspend a license.

 (b) [Repealed by § 15 ch 59 SLA 1978.]




Sec. 08.32.170. Procedure followed. [Repealed, § 15 ch 59 SLA 1978.]
Sec. 08.32.171. Disciplinary sanctions.
 (a) [Repealed, § 49 ch 94 SLA 1987.]
 (b) [Repealed, § 49 ch 94 SLA 1987.]
 (c) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.36.070(b)(1). A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.

 (d) [Repealed, § 49 ch 94 SLA 1987.]
 (e) [Repealed, § 49 ch 94 SLA 1987.]




Sec. 08.32.180. Penalty for violations.
 (a) A person who violates a provision of this chapter or a regulation adopted under this chapter for which a penalty is not otherwise provided is guilty of a class B misdemeanor.

 (b) Notwithstanding AS 08.01.075(a)(8), the board may impose a civil fine not to exceed $25,000 for each violation of this chapter or a regulation adopted under this chapter.




Article 3. General Provisions.


Sec. 08.32.185. Application of Administrative Procedure Act.
AS 44.62 (Administrative Procedure Act) applies to any action taken by the board under this chapter.


Sec. 08.32.187. Application of chapter.
 (a) This chapter applies to a person who practices, or offers or attempts to practice, as a dental hygienist in the state except
     (1) a dental hygienist in the military service in the discharge of official duties;

     (2) a dental hygienist in the employ of the United States Public Health Service, United States Department of Veterans Affairs, United States Indian Health Service, or another agency of the federal government, in the discharge of official duties;

     (3) a dental hygienist licensed in another state or jurisdiction who is teaching or demonstrating clinical techniques at a meeting, seminar, or limited course of instruction sponsored by a dental or dental auxiliary society or association or by an accredited dental or dental auxiliary educational institution;

     (4) a dental hygienist employed in the state by an Indian health program, as that term is defined in 25 U.S.C. 1603, while providing dental hygiene services to a person the Indian health program is entitled to serve under 25 U.S.C. 450 et seq. (Indian Self-Determination and Education Assistance Act), as amended, and 25 U.S.C. 1601 et seq. (Indian Health Care Improvement Act), as amended.

 (b) A person excepted from this chapter under (a) of this section shall be held to the same standard of care as a person covered by this chapter.




Sec. 08.32.190. Definitions.
In this chapter,
     (1) “board” means the Board of Dental Examiners;

     (2) “direct supervision” means the dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and before dismissal of the patient evaluates the performance of the dental hygienist;

     (3) “general supervision” means the dentist has authorized the procedures and they are being carried out in accordance with the dentist’s diagnosis and treatment plan;

     (4) “indirect supervision” means a licensed dentist is in the dental facility, authorizes the procedures, and remains in the dental facility while the procedures are being performed by the dental hygienist;

     (5) “licensed dental hygienist” means a dental hygienist licensed under this chapter;

     (6) “licensed dentist” means a dentist licensed under AS 08.36.




Article 1. Board of Dental Examiners.


Chapter 36. Dentistry.

Sec. 08.36.010. Creation and membership of board; oath; seal.
 (a) There is created the Board of Dental Examiners consisting of nine members. Six members shall be licensed dentists who have been engaged in the practice of dentistry in the state for five years immediately preceding appointment, two members shall be dental hygienists licensed under AS 08.32 who have been engaged in the practice of dental hygiene in the state for five years immediately preceding appointment, and one member shall be a public member who does not have a direct financial interest in the health care industry.

 (b) When making appointments of dentists and dental hygienists under (a) of this section, the governor may consider licensed dentists who have been nominated by the Alaska Dental Society and licensed dental hygienists who have been nominated by the Alaska State Dental Hygienists’ Association.

 (c) Each member shall take an oath of office. The president or secretary elected under AS 08.36.030 may administer oaths. The oath shall be filed and preserved in the department.

 (d) The board shall adopt a seal.




Sec. 08.36.020. Term of office. [Repealed, § 20 ch 80 SLA 1996. For current provisions, see AS 39.05.053.]
Sec. 08.36.025. Suspension of board members.
A member against whom an accusation has been filed under AS 44.62 for violation of AS 08.32.160 or AS 08.36.315 is suspended from the board until the decision of the board on the accusation takes effect under AS 44.62.520.


Sec. 08.36.030. Election and term of officers.
 (a) The board shall elect from among its members
     (1) a president who is a licensed dentist or licensed dental hygienist; and

     (2) a secretary.

 (b) Officers elected under (a) of this section serve for a term not to exceed two years.




Sec. 08.36.040. Meetings.
The board shall meet at the call of the president at least four times annually and at other times necessary to conduct its business. In the absence of a call of the president, a majority of the board may call a meeting.


Sec. 08.36.050. Quorum.
A majority of the board constitutes a quorum for the transaction of business.


Sec. 08.36.060. Expenses and salary. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.36.061. Reimbursement for expenses.
Board members are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180. The department shall reimburse a member for other actual, reasonable expenses incurred in carrying out duties as a board member.


Sec. 08.36.070. General powers.
 (a) The board shall
     (1) provide for the examination of applicants and the credentialing, registration, and licensure of those applicants it finds qualified;

     (2) maintain a registry of licensed dentists, licensed dental hygienists, and registered dental assistants who are in good standing;

     (3) affiliate with the American Association of Dental Boards and pay annual dues to the association;

     (4) hold hearings and order the disciplinary sanction of a person who violates this chapter, AS 08.32, or a regulation of the board;

     (5) supply forms for applications, licenses, permits, certificates, registration documents, and other papers and records;

     (6) enforce the provisions of this chapter and AS 08.32 and adopt or amend the regulations necessary to make the provisions of this chapter and AS 08.32 effective;

     (7) [See delayed amendment note.] adopt regulations ensuring that renewal of a license, registration, or certificate under this chapter or a license, certificate, or endorsement under AS 08.32 is contingent upon proof of continued professional competence;

     (8) at least annually, cause to be published on the Internet and in a newspaper of general circulation in each major city in the state a summary of disciplinary actions the board has taken during the preceding calendar year;

     (9) issue permits or certificates to licensed dentists, licensed dental hygienists, and dental assistants who meet standards determined by the board for specific procedures that require specific education and training;

     (10) require that a licensed dentist who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200(o).

 (b) The board may
     (1) order a licensed dentist or licensed dental hygienist to submit to a reasonable physical or mental examination if the dentist’s or the dental hygienist’s physical or mental capacity to practice safely is at issue;

     (2) authorize a designee of the board or the board’s investigator to inspect the practice facilities or patient or professional records of a dentist at reasonable times and in a reasonable manner to monitor compliance with this chapter and with AS 08.32; and

     (3) delegate the board’s powers to act, hear, and decide matters as authorized by AS 44.62.




Sec. 08.36.073. Investigator.
After consulting with the board, the department shall employ a person who is not a member of the board as the investigator for the board. The investigator shall
     (1) conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board;

     (2) at the request of the board, conduct investigations based on complaints filed with the department or with the board; and

     (3) be directly responsible and accountable to the board, except that only the department has authority to terminate the investigator’s employment and the department shall provide day-to-day and administrative supervision of the investigator.




Sec. 08.36.075. Dental radiological equipment.
 (a) The board shall establish standards that comply with applicable federal law for the registration, use, and inspection of dental radiological equipment, including standards for record keeping relating to the control panels and the use of the equipment. The board may charge a fee for dental radiological equipment registered under this section.

 (b) [Repealed, § 40 ch 53 SLA 2012.]
 (c) [Repealed, § 40 ch 53 SLA 2012.]
 (d) [Repealed, § 40 ch 53 SLA 2012.]
 (e) [Repealed, § 40 ch 53 SLA 2012.]
 (f) In this section, “dental radiological equipment” means equipment for use in the practice of dentistry, consisting of a control panel and associated tube heads, if the equipment emits electronic product radiation, as defined in AS 18.60.545, or uses radionuclides, as defined in AS 18.60.545.




Sec. 08.36.080. Applicability of Administrative Procedure Act.
The board shall comply with AS 44.62 (Administrative Procedure Act).


Sec. 08.36.090. Records and reports. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.36.091. Records and reports.
The board shall maintain
     (1) a record of its proceedings;

     (2) a registry containing the name, office and home addresses, and other information considered necessary by the board of each person licensed as a dentist or dental hygienist or registered as a dental assistant, a registry of the licenses, certificates, registrations, and endorsements revoked by the board, and information on the status of each licensee and each registered dental assistant.




Article 2. Examination and Licensing.


Sec. 08.36.100. License required.
Except as provided in AS 08.36.238, a person may not practice, or attempt to practice, dentistry without a license.


Sec. 08.36.110. Qualifications for license; interview.
 (a) [See delayed amendment note.] An applicant for a license to practice dentistry shall
     (1) provide certification to the board that the applicant
          (A) is a graduate of a dental school that, at the time of graduation, is approved by the board;

          (B) has successfully passed a written examination approved by the board;

          (C) has not had a license to practice dentistry revoked, suspended, or voluntarily surrendered in this state or another state;

          (D) is not the subject of an adverse decision based upon a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application, or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction;

          (E) is not the subject of an unresolved or an adverse decision based upon a complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant’s ability or competence to practice dentistry or on the safety or well-being of patients;

          (F) is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Boards Clearinghouse for Board Actions that relates to criminal or fraudulent activity, or dental malpractice;

          (G) is not impaired to an extent that affects the applicant’s ability to practice dentistry;

          (H) has not been convicted of a crime that adversely reflects on the applicant’s ability or competency to practice dentistry or that jeopardizes the safety or well-being of a patient;

     (2) pass, to the satisfaction of the board, written, clinical, and other examinations administered or approved by the board; and

     (3) meet the other qualifications for a license established by the board by regulation.

 (b) An applicant for licensure may be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.




Sec. 08.36.114. Qualifications for acupuncture applicants. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.115. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]
Secs. 08.36.120 , 08.36.130. Signing, photograph, and filing date of application; Examination. [Repealed, § 8 ch 47 SLA 2005.]
Sec. 08.36.140. Out-of-state examination. [Repealed, § 40 ch 100 SLA 1984.]
Sec. 08.36.150. Examination in out-of-state dental schools. [Repealed, § 40 ch 100 SLA 1984.]
Sec. 08.36.160. Contents of examination. [Repealed, § 8 ch 47 SLA 2005.]
Sec. 08.36.170. Partial examination. [Repealed, § 40 ch 100 SLA 1984.]
Secs. 08.36.180 , 08.36.190. Reexamination; Grading of examination. [Repealed, § 8 ch 47 SLA 2005.]
Sec. 08.36.200. Waiver of written examination. [Repealed, § 40 ch 100 SLA 1984.]
Secs. 08.36.210 — 08.36.220. Waiver of examination and issuance of license by reciprocity. [Repealed, § 32 ch 49 SLA 1980. For current law, see AS 08.36.234.]
Sec. 08.36.230. Practice outside the state. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.234. Licensure by credentials.
 (a) The board may waive the examination requirement and license by credentials if the dentist applicant meets the requirements of AS 08.36.110, submits proof of continued competence as required by regulation, pays the required fee, and has
     (1) an active license from a board of dental examiners established under the laws of a state or territory of the United States issued after thorough examination; or

     (2) passed an examination as specified by the board in regulations.

 (b) A dentist applying for licensure without examination is responsible for providing to the board all materials required by the board to implement this section to establish eligibility for a license without examination. In addition to the grounds for revocation of a license under AS 08.36.315, the board may revoke a license issued without examination upon evidence of misinformation or substantial omission.

 (c) The board shall adopt regulations necessary to implement this section, including the form and manner of certification of qualifications under this section.

 (d) A dentist applying for licensure without examination shall be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.




Sec. 08.36.238. Exemption from license requirement.
 (a) A person enrolled as a student in an accredited school of dentistry may perform procedures as part of a course of study without a license if
     (1) the procedures are performed under the direct supervision of a member of the faculty who is licensed under this chapter, or under the direct supervision of a team of licensed faculty dentists, at least one of whom is licensed under this chapter; and

     (2) the clinical program has received written approval from the board.

 (b) A person practicing dentistry under (a) of this section is subject to all other provisions of this chapter and to other laws and regulations that apply to the practice of dentistry.




Sec. 08.36.240. Issuance and display of license.
The board shall issue a license to each successful dentist applicant who has paid the required fees. The licensee shall display the license in a conspicuous place where the licensee practices.


Sec. 08.36.244. License to practice as specialist required. [Repealed, § 40 ch 53 SLA 2012.]
Secs. 08.36.246 — 08.36.248. Qualification for a specialist license; limitation of special practice; suspension or revocation of specialty licenses. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.250. License renewal, lapse, and reinstatement.
 (a) At least 60 days before expiration of a license issued under this chapter, the department shall notify the licensed dentist. A licensee who wishes to renew a license shall submit a completed license renewal form, the appropriate fee, and evidence of continued professional competence as required by the board. The department shall, as soon as practicable, issue a new license valid for a stated number of years. Failure to receive notification from the department under this subsection does not exempt a licensee from renewing a license to practice dentistry under this chapter.

 (b) When applying for license renewal, a dentist shall report to the board each instance during the prior registration period in which the quality of the licensee’s professional services was the subject of legal action.

 (c) A licensed dentist who does not pay the license renewal fee forfeits the dentist’s license. The board may reinstate the license without examination within two years after the date on which payment was due upon written application, proof of continued professional competence, and payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b).




Sec. 08.36.260. Branch office registration. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.270. Permits for isolated areas. [Repealed, § 3 ch 26 SLA 1965; § 5 ch 93 SLA 1965.]
Sec. 08.36.271. Permits for isolated areas. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.280. Temporary permit. [Repealed, § 40 ch 100 SLA 1984.]
Sec. 08.36.285. Licensing a permittee. [Repealed, § 10 ch 121 SLA 1972.]
Sec. 08.36.290. Fees. [Repealed, § 40 ch 53 SLA 2012.]

Article 3. Unlawful Acts.


Sec. 08.36.310. Grounds for revocation of license. [Repealed, § 32 ch 49 SLA 1980.]
Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license.
The board may revoke or suspend the license of a dentist, or may reprimand, censure, or discipline a dentist, or both, if the board finds, after a hearing, that the dentist
     (1) used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for professional dental services or engaging in professional activities;

     (3) advertised professional dental services in a false or misleading manner;

     (4) received compensation for referring a person to another dentist or dental practice;

     (5) has been convicted of a felony or other crime that affects the dentist’s ability to continue to practice dentistry competently and safely;

     (6) engaged in the performance of patient care, or permitted the performance of patient care by persons under the dentist’s supervision, regardless of whether actual injury to the patient occurred,
          (A) that did not conform to minimum professional standards of dentistry; or

          (B) when the dentist, or a person under the supervision of the dentist, did not have the permit, registration, or certificate required under AS 08.32 or this chapter;

     (7) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;

     (8) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction or dependence on alcohol or other drugs that impair the dentist’s ability to practice safely;

          (C) physical or mental disability;

     (9) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;

     (10) permitted a dental hygienist or dental assistant who is employed by the dentist or working under the dentist’s supervision to perform a dental procedure in violation of AS 08.32.110 or AS 08.36.346;

     (11) failed to report to the board a death that occurred on the premises used for the practice of dentistry within 48 hours;

     (12) falsified or destroyed patient or facility records or failed to maintain a patient or facility record for at least seven years after the date the record was created;

     (13) prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.36.355; or

     (14) procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action or harm to the patient.




Sec. 08.36.317. Civil fine authority.
Notwithstanding AS 08.01.075(a), in a disciplinary action, the board may impose a civil fine not to exceed $25,000 for each violation of this chapter or of a regulation adopted under this chapter.


Sec. 08.36.320. Summary license suspension.
 (a) [Repealed, § 49 ch 94 SLA 1987.]
 (b) [Repealed, § 49 ch 94 SLA 1987.]
 (c) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.36.070(b)(1). A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.

 (d) [Repealed, § 49 ch 94 SLA 1987.]
 (e) [Repealed, § 49 ch 94 SLA 1987.]




Secs. 08.36.325 — 08.36.330. Discipline, suspension or revocation of license of dentists. [Repealed, § 32 ch 49 SLA 1980.]
Sec. 08.36.340. Penalties.
A person who violates any provision of this chapter or regulations adopted under this chapter for which no specific penalty is provided is guilty of a class B misdemeanor.


Article 4. Dental Assistants.


Sec. 08.36.342. Coronal polishing certificate.
 (a) The board shall issue a coronal polishing certificate to a dental assistant if the dental assistant furnishes evidence satisfactory to the board that the dental assistant has completed a program of instruction approved by the board.

 (b) A certificate issued under (a) of this section authorizes a dental assistant under the direct supervision of a dentist licensed in the state to perform coronal polishing on teeth without calculus.

 (c) The board may by regulation establish fees, renewal, and continuing education requirements for a certificate issued under this section.




Sec. 08.36.344. Restorative function certificate.
 (a) The board shall issue a restorative function certificate to a dental assistant if the dental assistant furnishes evidence satisfactory to the board that the dental assistant has
     (1) successfully completed a course offered by or under the auspices of a program accredited by the Commission on Dental Accreditation of the American Dental Association or other equivalent course or program approved by the board; and

     (2) passed the Western Regional Examining Board’s restorative examination or other equivalent examination approved by the board within the five years preceding the dental assistant’s certificate application, or the dental assistant has legal authorization from another state or jurisdiction to perform restorative functions.

 (b) A certificate issued under this section authorizes a dental assistant under the direct supervision of a licensed dentist to place restorations into a cavity prepared by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion of the restoration.

 (c) The board may by regulation establish fees, renewal, and continuing education requirements for a certificate under this section.




Sec. 08.36.346. Delegation to dental assistants.
 (a) Except as otherwise provided in this chapter, a dentist licensed in this state may delegate to a dental assistant under indirect supervision
     (1) the exposure and development of radiographs;

     (2) application of topical preventive agents or pit and fissure sealants; and

     (3) other dental operations and services except
          (A) those that may be performed by a dental hygienist under AS 08.32.110(a); and

          (B) those that may not be delegated to a dental hygienist under AS 08.32.110(c).

 (b) A dentist licensed in this state may delegate to a dental assistant under direct supervision
     (1) coronal polishing on teeth without calculus, if the dental assistant is certified under AS 08.36.342;

     (2) the placement of a restoration into a cavity prepared by a dentist licensed under this chapter and the subsequent carving, contouring, and adjustment of the contacts and occlusion of the restoration, if the dental assistant is certified under AS 08.36.344; and

     (3) other dental operations and services as defined and regulated by the board; however, a dentist may not delegate to a dental assistant a dental operation or service that requires the professional skill of a licensed dentist or licensed dental hygienist, including those dental operations and services specified in AS 08.32.110(c).




Sec. 08.36.347. Exemption from registration requirement.
 (a) A person enrolled in a program or course of study may perform dental assisting procedures as part of that program or course of study without a registration document if the procedures are performed
     (1) under the direct supervision of a member of the faculty who is licensed under this chapter or AS 08.32; and

     (2) as part of a clinical program that has received written approval from the board.

 (b) A person performing dental assisting procedures under (a) of this section is subject to all other provisions of this chapter and statutes and regulations that apply to the practice of dental assisting by a registered dental assistant.




Sec. 08.36.349. Definitions.
In AS 08.36.342 — 08.36.349,
     (1) “direct supervision” means a dentist licensed in this state is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and, before dismissal of the patient, evaluates the performance of the dental assistant;

     (2) “indirect supervision” means a dentist licensed in this state is in the dental office, authorizes the procedures, and remains in the dental office while the procedures are being performed by the dental assistant.




Article 5. General Provisions.


Sec. 08.36.350. Application of chapter.
 (a) This chapter applies to a person who practices, or offers or attempts to practice, dentistry in the state except
     (1) a dental surgeon or dentist in the military service in the discharge of official duties;

     (2) a dentist in the employ of the United States Public Health Service, United States Department of Veterans Affairs, United States Indian Health Service, or other agency of the federal government, in the discharge of official duties;

     (3) a dentist licensed in another state who is teaching or demonstrating clinical techniques at a meeting, seminar, or limited course of instruction sponsored by a dental or dental auxiliary society or association or by an accredited dental or dental auxiliary educational institution;

     (4) a dentist licensed in another state who provides emergency care to an injured or ill person who reasonably appears to the dentist to be in immediate need of emergency aid in order to avoid serious harm or death if the care is provided without remuneration;

     (5) a dentist employed in the state by an Indian health program, as that term is defined in 25 U.S.C. 1603, while providing dental services to a person the Indian health program is entitled to serve under 25 U.S.C. 450 et seq. (Indian Self-Determination and Education Assistance Act), as amended, and 25 U.S.C. 1601 et seq. (Indian Health Care Improvement Act), as amended.

 (b) A person excepted from this chapter under (a) of this section shall be held to the same standard of care as a person covered by this chapter.




Sec. 08.36.355. Maximum dosage for opioid prescriptions.
 (a) A licensee may not issue
     (1) an initial prescription for an opioid that exceeds a seven-day supply to an adult patient for outpatient use;

     (2) a prescription for an opioid that exceeds a seven-day supply to a minor; at the time a licensee writes a prescription for an opioid for a minor, the licensee shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use.

 (b) Notwithstanding (a) of this section, a licensee may issue a prescription for an opioid that exceeds a seven-day supply to an adult or minor patient if, in the professional judgment of the licensee, more than a seven-day supply of an opioid is necessary for
     (1) the patient’s chronic pain management; the licensee may write a prescription for an opioid for the quantity needed to treat the patient’s medical condition or chronic pain; the licensee shall document in the patient’s medical record the condition triggering the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; or

     (2) a patient who is unable to access a practitioner within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the licensee may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the licensee shall document in the patient’s medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in AS 11.71.900.

 (c) In this section,
     (1) “adult” means
          (A) an individual who has reached 18 years of age; or

          (B) an emancipated minor;

     (2) “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590;

     (3) “minor” means an individual under 18 years of age who is not an emancipated minor.




Sec. 08.36.360. Practice of dentistry defined.
A person engages in the practice of dentistry who
     (1) performs or holds out to the public as being able to perform dental operations;

     (2) diagnoses, treats, operates on, corrects, attempts to correct, or prescribes for a disease, lesion, pain, injury, deficiency, deformity, or physical condition, malocclusion or malposition of the human teeth, alveolar process, gingiva, maxilla, mandible, or adjacent tissues;

     (3) performs or attempts to perform an operation incident to the replacement of teeth;

     (4) furnishes, supplies, constructs, reproduces, or repairs dentures, bridges, appliances or other structures to be used and worn as substitutes for natural teeth, except on prescription of a duly licensed and registered dentist and by the use of impressions or casts made by a duly licensed and registered dentist;

     (5) uses the words “dentist” or “dental surgeon” or the letters “D.D.S.” or “D.M.D.” or other letter or title that represents the dentist as engaging in the practice of dentistry;

     (6) extracts or attempts to extract human teeth;

     (7) exercises control over professional dental matters or the operation of dental equipment in a facility where the acts and things described in this section are performed or done;

     (8) evaluates, diagnoses, treats, or performs preventive procedures related to diseases, disorders, or conditions of the oral cavity, maxillofacial area, or adjacent and associated structures; a dentist whose practice includes the services described in this paragraph may only perform the services if they are within the scope of the dentist’s education, training, and experience and in accord with the generally recognized ethical precepts of the dental profession; nothing in this paragraph requires a person licensed under AS 08.64 to be licensed under this chapter.




Sec. 08.36.365. Rights of dentists.
A dentist licensed in this state may
     (1) practice in an association, partnership, corporation, or other lawful entity with other dentists, including specialists;

     (2) practice under the name of “dental center” or other descriptive term that does not deceive the public about the nature of the services provided;

     (3) supervise research that would otherwise violate this chapter or regulations adopted under this chapter when the research does not involve treatment of dental patients if the research is performed by a nonprofit dental research institution chartered by this state or by a dental or dental auxiliary school accredited by the Commission on Accreditation of the American Dental Association, or its successor agency;

     (4) supervise research that would otherwise violate this chapter or regulations adopted under this chapter when the research involves the treatment of dental patients if the research is performed by a nonprofit dental research institution chartered by this state or by a dental or dental auxiliary school accredited by the Commission on Accreditation of the American Dental Association, or its successor agency, and if the dentist notifies the board in writing, at least 60 days before beginning the treatment, of the intended practices or procedures and the board does not disapprove the research.




Sec. 08.36.367. Ownership of a dental office or facility.
 (a) Only a person who holds a valid license issued under this chapter may own, operate, or maintain a dental practice, office, or clinic. This restriction does not apply to
     (1) a labor organization or a nonprofit organization formed by or on behalf of a labor organization for the purpose of providing dental services to rural or underserved populations;

     (2) an institution of higher education recognized by the board;

     (3) a local government;

     (4) an institution or program accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training;

     (5) a nonprofit corporation organized under state law to provide dental services to rural areas and medically underserved populations of migrant, rural community, or homeless individuals under 42 U.S.C. 254b or 254c or health centers qualified under 42 U.S.C. 1396d(l)(2)(B) operating in compliance with other applicable state and federal law;

     (6) a nonprofit charitable corporation described in 26 U.S.C. 501(c)(3) (Internal Revenue Code) and determined by the board to be providing dental services by volunteer licensed dentists to populations with limited access to dental care at no charge or a substantially reduced charge.

 (b) For the purpose of owning or operating a dental practice, office, or clinic, an entity described in (a) of this section shall
     (1) name a licensed dentist as its dental director, who shall be subject to the provisions of AS 08.36.315 and 08.36.317 in the capacity of dental director; the dental director, or an actively licensed dentist designated by the director, shall have responsibility for the entity’s practice of dentistry; and

     (2) maintain current records of the names of licensed dentists who supervise dental hygienists, dental assistants, and other personnel involved in direct patient care who are employed by the entity; the records must be available to the board upon written request.

 (c) Nothing in this chapter precludes a person or entity not licensed by the board from
     (1) ownership or leasehold of any tangible or intangible assets used in a dental office or clinic, including real property, furnishings, equipment, and inventory, but not including dental records of patients related to clinical care;

     (2) employing or contracting for the services of personnel other than licensed dentists; or

     (3) management of the business aspects of a dental office or clinic that do not include the practice of dentistry.

 (d) If all of the ownership interests of a dentist or dentists in a dental office or clinic are held by an administrator, executor, personal representative, guardian, conservator, or receiver of the estate of a former shareholder, member, or partner, the administrator, executor, personal representative, guardian, conservator, or receiver may retain the ownership interest for a period of 24 months following the creation of the ownership interest. The board shall extend the ownership period for an additional 24 months upon 30 days’ notice and may grant additional extensions upon reasonable request.

 (e) In this section, “labor organization” means an organization, not for pecuniary profit, constituted wholly or partly to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employees that has existed for at least three years and that has a constitution and bylaws.




Sec. 08.36.370. Definitions for chapter.
In this chapter, unless the context requires otherwise,
     (1) “board” means the Board of Dental Examiners;

     (2) “calculus” means a hardened deposit of mineralized plaque;

     (3) “coronal polishing” means the removal of supragingival plaque and stains;

     (4) “dental assistant” means a person employed to provide clinical assistance to a dentist licensed in the state;

     (5) “department” means the Department of Commerce, Community, and Economic Development;

     (6) “impaired practitioner” means a person who is unfit to practice dentistry due to addiction or dependence on alcohol or other drugs that impair the practitioner’s ability to practice safely;

     (7) “licensed dental hygienist” means a dental hygienist licensed under AS 08.32;

     (8) “licensed dentist” means a dentist licensed under this chapter;

     (9) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160;

     (10) “registered dental assistant” means a dental assistant registered under this chapter.




Chapter 38. Dietitians and Nutritionists.

Sec. 08.38.010. License required.
 (a) An individual may not, unless licensed as a dietitian or nutritionist by the department, use the title “dietitian,” “licensed dietitian,” “nutritionist,” “licensed nutritionist,” or an occupational title using the word “dietitian” or “nutritionist.”

 (b) The only penalty that may be imposed on an individual who engages in conduct that violates (a) of this section is a fine of not more than $1,000 under a citation issued under AS 08.01.102 — 08.01.104.

 (c) An individual who obtains or attempts to obtain a dietitian or nutritionist license by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a dietitian or nutritionist license, is punishable by a fine of not more than $1,000 under a citation issued by the department. For a citation under this subsection, the department shall use the citation procedures applicable to citations for unlicensed practice under AS 08.01.102 — 08.01.104, and an individual who receives a citation under this subsection is subject to the same requirements as an individual who receives a citation under AS 08.01.102 — 08.01.104.




Sec. 08.38.020. Dietitian licensure.
The department shall issue a dietitian license to an individual who pays the required fee, applies on a form provided by the department, and submits evidence satisfactory to the department of being certified as a Registered Dietitian by the Commission on Dietetic Registration.


Sec. 08.38.030. Nutritionist licensure.
The department shall issue a nutritionist license to an individual who pays the required fee, applies on a form provided by the department, and submits evidence satisfactory to the department that the individual either
     (1) has qualified as a diplomate of the American Board of Nutrition or as a Certified Nutrition Specialist with the Certification Board for Nutrition Specialists; or

     (2) meets the following qualifications:
          (A) has received a master’s or doctoral degree from an accredited college or university with a major in human nutrition, public health nutrition, clinical nutrition, nutrition education, community nutrition, or food and nutrition; and

          (B) has completed a documented work experience in human nutrition or human nutrition research of at least 900 hours.




Sec. 08.38.040. Grounds for suspension, revocation, or refusal to issue a license.
The department may refuse to issue a license or impose a disciplinary sanction authorized under AS 08.01.075 on an individual licensed under this chapter when the department finds that the license applicant or licensee, as applicable,
     (1) secured or attempted to secure a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or of another crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;

     (6) continued dietetics or nutrition practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction or severe dependency on alcohol or a drug that impairs the licensee’s ability to practice safely;

          (C) physical or mental disability; or

     (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.




Sec. 08.38.050. Licensure by credentials.
The department may issue a license to an applicant who holds a current unrestricted license as a dietitian or nutritionist in another state or political jurisdiction of the United States or Canada if, in the judgment of the department, the standards for licensure in the other jurisdiction are not less stringent than the requirements in this chapter.


Sec. 08.38.080. Exemption.
The requirements of this chapter do not apply to
     (1) an animal nutritionist whose activities are limited to the nutritional care of animals; animal nutritionists may use the title “nutritionist” as long as they provide nutrition services only to animals;

     (2) a person who is serving as an employee of the federal government whose job title includes the term “dietitian” or “nutritionist”; or

     (3) a person who is serving as a dietitian or nutritionist in the armed forces of the United States, but the exemption provided under this paragraph does not authorize the person to use the title “dietitian,” “licensed dietitian,” “nutritionist,” “licensed nutritionist,” or an occupational title using the word “dietitian” or “nutritionist” outside the scope of the person’s military service.




Sec. 08.38.090. Regulations.
The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this chapter.


Sec. 08.38.100. Definitions.
In this chapter,
     (1) “accredited college or university” means a college or university accredited by the regional or national accrediting agencies recognized by the Council on Post-Secondary Accreditation and the United States Department of Education at the time the degree was conferred;

     (2) “Commission on Dietetic Registration” means the Commission on Dietetic Registration of the American Dietetic Association that is a member of the National Commission on Health Certifying Agencies, which establishes national standards of competence for individuals participating in the health care delivery system;

     (3) “department” means the Department of Commerce, Community, and Economic Development;

     (4) “dietetics or nutrition practice” means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, food management, and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services.




Article 1. Licensing and Regulation of Electrical Administrators.


Chapter 40. Electrical and Mechanical Administrators.

Sec. 08.40.005. Purpose of AS 08.40.005 — 08.40.200.
The purpose of AS 08.40.005 — 08.40.200 is to protect the safety of people and property in the state from the danger of improperly installed electrical wiring and equipment by providing a procedure to assure
     (1) the public that persons responsible for making electrical installations in this state are qualified; and

     (2) a sufficient number of persons are so qualified.




Sec. 08.40.010. Creation and membership of board. [Repealed, § 48 ch 94 SLA 1987.]
Sec. 08.40.011. Board of electrical examiners. [Repealed, § 37 ch 101 SLA 1994.]
Sec. 08.40.020. Appointment and term of office. [Repealed, § 49 ch 94 SLA 1987.]
Secs. 08.40.030 , 08.40.040. [Repealed, § 48 ch 94 SLA 1987.]
Sec. 08.40.045. Categories of licenses.
The department may adopt regulations establishing categories of electrical administrators, qualifications for those categories, and the content of examinations for applicants for each category.


Sec. 08.40.050. Regulations.
The department shall adopt regulations subject to AS 44.62 (Administrative Procedure Act), relating to the examination and licensing of electrical administrators and the establishing of the continued competency of an applicant for license renewal and reinstatement.


Sec. 08.40.060. Examinations.
A licensing examination shall be offered by the department at least twice during each year at appropriate places in the state.


Sec. 08.40.070. Inspection or investigation by department.
The department may make or have made a special inspection or investigation into the work of a licensee that it considers necessary, may issue subpoenas and process compelling the attendance of any person and the production of any papers or books, for the purpose of the investigation and examination, may administer oaths when required, and may petition a court of the state to enforce subpoenas and process or to compel testimony.


Sec. 08.40.080. Compensation of board members. [Repealed, § 43 ch 85 SLA 1988.]
Sec. 08.40.090. License required.
 (a) A person may not act as an electrical administrator in the state without a license issued by the department unless the person is covered by an exclusion under AS 08.40.190.

 (b) A person licensed under AS 08.40.005 — 08.40.200 may perform work only in a category for which the person is licensed.




Sec. 08.40.100. Exclusion. [Repealed, § 14 ch 53 SLA 1977.]
Sec. 08.40.110. Application for license.
An applicant for a license shall apply upon a form prescribed by the department.


Sec. 08.40.120. Examination of applicant.
 (a) Each applicant shall be examined to determine the applicant’s
     (1) ability to understand plans, design specifications, and engineering terms commonly used in the electrical field;

     (2) knowledge of electrical installations and wiring;

     (3) familiarity with the regulations contained in the National Electrical Code and the National Electrical Safety Code, as approved by the American National Standards Institute;

     (4) familiarity with other installation and safety regulations approved by the American National Standards Institute;

     (5) personal skill and ability.

 (b) If an applicant for a license submits proof satisfactory to the department that the applicant is licensed as an electrical administrator or the equivalent by another state or territory, that the applicant meets qualifications established by the department under AS 08.40.045, and that the applicant has passed an examination equivalent to the test administered under (a) of this section, the department shall waive all of the examination required under (a) of this section.




Sec. 08.40.130. Administrator limited to one registered contractor.
A person may not qualify for or operate as an electrical administrator for more than one registered contractor.


Sec. 08.40.135. Renewal and reinstatement.
 (a) A license issued under AS 08.40.005 — 08.40.200 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency.

 (b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b), unless the license has been lapsed for more than two years. If a person’s license has been lapsed for more than two years, the person is required to take an examination under AS 08.40.120.




Sec. 08.40.140. Issuance and possession of license.
An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee by the representative.


Sec. 08.40.150. Fees.
Each applicant and each licensee shall pay application and renewal fees established by regulations adopted under AS 08.01.065.


Sec. 08.40.160. Waiver of examination. [Repealed, § 14 ch 53 SLA 1977.]
Sec. 08.40.170. Disciplinary actions.
 (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that
     (1) the license application is fraudulent or misleading;

     (2) the licensee has knowingly violated AS 08.40.005 — 08.40.200, the minimum electrical standards established under AS 18.60.580 — 18.60.590, or a lawful order or regulation of the department;

     (3) the licensee is incompetent, or has engaged in fraudulent practices.

 (b) Notice of a proposed disciplinary action under this section shall be given in writing, stating the grounds.

 (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act).

 (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination:
     (1) refuse to issue a license;

     (2) permanently revoke a license;

     (3) suspend a license for a specified period;

     (4) censure or reprimand a licensee;

     (5) impose limitations or conditions on the professional practice of a licensee;

     (6) require a licensee to submit to peer review;

     (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;

     (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation.

 (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied.

 (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction.

 (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety.

 (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee.

 (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.




Sec. 08.40.175. Cease and desist order.
 (a) If the department determines that a person is acting as an electrical administrator in violation of AS 08.40.005 — 08.40.200, the department may issue a cease and desist order prohibiting further action by the person as an electrical administrator. The cease and desist order remains in effect until the person has submitted evidence acceptable to the department showing that the violation has been corrected.

 (b) A person affected by an order issued under (a) of this section may seek equitable relief preventing the department from enforcing the order.




Sec. 08.40.178. Injunctive relief.
The department may seek an injunction in the superior court to enjoin a person from violating AS 08.40.005 — 08.40.200.


Sec. 08.40.180. Violation of AS 08.40.005 — 08.40.200.
A person who knowingly violates AS 08.40.005 — 08.40.200, or who knowingly violates a valid regulation or order of the department or a minimum electrical standard established under AS 18.60.580 — 18.60.590 that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000.


Sec. 08.40.190. Exclusions.
 (a) AS 08.40.005 — 08.40.200 do not apply to any utility or municipality engaged in
     (1) electrical construction and maintenance of electrical wiring for the generation and distribution of electrical current where the wiring is an integral part of a system owned and operated by that utility or municipal light and power department;

     (2) the installation, operation, maintenance, or repair of telephone, telegraph, signal, or communication systems when the work is performed by the employees of that utility.

 (b) AS 08.40.005 — 08.40.200 do not apply to a person engaged in
     (1) the manufacture, maintenance, or repair of electrical apparatus or equipment;

     (2) electrical work, the cost of which does not exceed $5,000, involving residences or small commercial establishments in communities that
          (A) have a population of under 500 according to the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development; or

          (B) are over 50 miles by air or water transportation from the business place of an electrical administrator licensed under AS 08.40.005 — 08.40.200;

     (3) electrical installation on residential property that is owned by the installer or a member of the installer’s immediate family and not intended for sale at the time of making the installation;

     (4) the operation, maintenance, or repair of a television or radio broadcasting system and the installation of a radio broadcasting system under 500 watts input power except for A.C. power supply and wiring;

     (5) the installation, maintenance, and repair of elevators so long as the work is performed by an agent or employee of the elevator industry and is confined to the elevator control system, which system does not include the power supply, wiring, and motor connection;

     (6) the operation, maintenance, and repair of telephone, telegraph, and intercommunication facilities;

     (7) the installation, maintenance, and repair of fire alarm, intrusion alarm, or other low voltage signaling systems of 48 volts to ground or less;

     (8) the maintenance or repair of diesel electric engines installed on heavy construction equipment, either in a shop or on a job site;

     (9) the installation in a commercial water well of the submersible pump motor and the wiring to the well pump system controls if the controls are outside a building or a structure;

     (10) the installation in a noncommercial water well of the submersible pump motor and the wiring to the well pump system controls;

     (11) electrical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee’s work duties with respect to the property but is not offered or performed as a service to the public.

 (c) Work within the exclusionary provisions of this section is nevertheless subject to the inspection provisions of AS 08.40.070 and must follow the regulations adopted by the department, other than regulations requiring licensure for the work.




Sec. 08.40.195. Personal supervision.
A person licensed under AS 08.40.005 — 08.40.200 as an electrical administrator who is responsible for the installation or repair of electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy or who is responsible for certifying that the installation or repair complies with applicable electrical codes shall personally inspect those materials after installation and repair unless the installation or repair amounts to simple or highly standardized work performed in less than 24 man hours by personnel generally under the supervision of the electrical administrator.


Sec. 08.40.200. Definitions.
In AS 08.40.005 — 08.40.200,
     (1) “department” means the Department of Commerce, Community, and Economic Development;

     (2) “electrical administrator” means a person who is responsible for
          (A) installing or repairing electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy; or

          (B) certifying that an installation or repair described in (A) of this paragraph complies with applicable electrical codes;

     (3) “electrical wiring” means and includes wiring, fixtures, conduits, appliances, devices, equipment, overhead or underground wiring systems, or other equipment in connection with the general distribution or utilization of electrical energy;

     (4) “manufacture” means fabrication or completion of a product or electrical apparatus exclusive of its completion or installation at a job site;

     (5) “utility” means every corporation (whether public, cooperative or otherwise), company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant or system for
          (A) furnishing, by generation, transmission or distribution, electrical service to the public for compensation;

          (B) furnishing telecommunications service to the public for compensation.




Article 2. Licensing and Regulation of Mechancial Administrators.


Sec. 08.40.210. Purpose of AS 08.40.210 — 08.40.490.
The purpose of AS 08.40.210 — 08.40.490 is to protect the safety of people and property in the state from the danger of improperly installed or modified mechanical systems by providing a procedure to assure
     (1) the public that persons responsible for making mechanical installations in this state are qualified; and

     (2) that a sufficient number of persons are so qualified.




Sec. 08.40.220. Board of mechanical examiners. [Repealed, § 37 ch 101 SLA 1994.]
Sec. 08.40.230. Categories of licenses.
The department may adopt regulations establishing categories of mechanical administrators, qualifications for those categories, and the content of examinations for applicants for each category.


Sec. 08.40.240. Regulations.
The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) relating to the examination and licensing of mechanical administrators and the establishing of the continued competency of licensees for license renewal and reinstatement.


Sec. 08.40.250. Examinations.
The department shall conduct licensing examinations at least twice each year at appropriate places in the state.


Sec. 08.40.260. License required.
 (a) A person may not act as a mechanical administrator without a license unless the person is covered by an exclusion under AS 08.40.390.

 (b) A person licensed under AS 08.40.210 — 08.40.490 may perform work only in a category for which the person is licensed.




Sec. 08.40.270. Examination of applicant.
 (a) Each applicant shall be examined to determine the applicant’s
     (1) ability to understand plans, design specifications, and engineering terms commonly used in the mechanical field;

     (2) knowledge of mechanical installations and piping;

     (3) familiarity with the requirements of the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code currently in effect in the state;

     (4) personal skill and ability.

 (b) If an applicant for a license submits proof satisfactory to the department that the applicant is licensed as a mechanical administrator or the equivalent by another state or territory, meets qualifications established by the department under AS 08.40.230, and has passed an examination equivalent to the test administered under (a) of this section, the department shall waive all of the examination required under (a) of this section.




Sec. 08.40.280. Administrator limited to one licensed contractor.
A person may not qualify or operate as a mechanical administrator for more than one registered contractor, corporation, joint venture, or other business entity unless the municipality or community where the person qualifies or operates as a mechanical administrator is the principal place of business of fewer than three mechanical administrators.


Sec. 08.40.290. Renewal and reinstatement.
 (a) A license issued under AS 08.40.210 — 08.40.490 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency.

 (b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b) unless the license has been lapsed for more than two years. If a person’s license has been lapsed for more than two years, the person is required to take an examination under AS 08.40.270.




Sec. 08.40.300. Issuance and possession of license.
An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee by the representative.


Sec. 08.40.310. Fees.
Each applicant and each licensee shall pay application and renewal fees established under AS 08.01.065.


Sec. 08.40.320. Disciplinary actions.
 (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that
     (1) the license application is fraudulent or misleading;

     (2) the licensee has knowingly violated AS 08.40.210 — 08.40.490, a code listed in AS 08.40.490(3)(A), or an order or regulation of the department; or

     (3) the licensee is incompetent or has engaged in fraudulent practices.

 (b) Notice of a proposed disciplinary action under this section must be in writing and must state the grounds.

 (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act).

 (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination:
     (1) refuse to issue a license;

     (2) permanently revoke a license;

     (3) suspend a license for a specified period;

     (4) censure or reprimand a licensee;

     (5) impose limitations or conditions on the professional practice of a licensee;

     (6) require a licensee to submit to peer review;

     (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;

     (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation.

 (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied.

 (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction.

 (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety.

 (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee.

 (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.




Sec. 08.40.330. Investigations.
The department may investigate alleged or apparent violations of AS 08.40.210 — 08.40.490. The department, upon showing proper credentials, may enter, during regular hours of work, a construction site where it appears that mechanical work is being done. The department may make inquiries about the identity of the mechanical administrator or the person acting in the capacity of a mechanical administrator. Upon demand, a mechanical administrator or person acting in the capacity of a mechanical administrator, or that person’s representative, shall produce evidence of current licensure.


Sec. 08.40.340. Issuance of citations.
The department may issue a citation that complies with AS 12.25.175 — 12.25.230 for a violation if there is probable cause to believe a person has violated AS 08.40.210 — 08.40.490. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.


Sec. 08.40.350. Procedure and form of citation.
 (a) A person receiving the citation under AS 08.40.340 is not required to sign a notice to appear in court.

 (b) The time specified in the notice to appear on a citation issued under AS 08.40.340 must be at least five working days after the issuance of the citation.

 (c) The department is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department.

 (d) The department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of it or copies of it or of the record of its issuance except as required under this subsection and (e) of this section.

 (e) The department shall require the return of a copy of every citation issued under AS 08.40.340 and of all copies of every citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with every citation issued by the department, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.

 (f) A citation issued under AS 08.40.340 is considered to be a lawful complaint for the purpose of prosecution.




Sec. 08.40.360. Cease and desist order.
 (a) If the commissioner of commerce, community, and economic development determines that a person is acting as a mechanical administrator in violation of AS 08.40.210 — 08.40.490, the commissioner may issue a cease and desist order prohibiting further action by the person as a mechanical administrator. The cease and desist order remains in effect until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.

 (b) A person affected by an order issued under (a) of this section may seek equitable relief preventing the commissioner of commerce, community, and economic development from enforcing the order.




Sec. 08.40.370. Injunctive relief.
The commissioner of commerce, community, and economic development may seek an injunction in the superior court to enjoin a person from violating AS 08.40.210 — 08.40.490.


Sec. 08.40.380. Penalties.
 (a) A person who knowingly violates AS 08.40.210 — 08.40.490, or who knowingly violates a regulation or order of the department or a code listed in AS 08.40.490(3)(A) that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000.

 (b) Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under AS 08.40.340, regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.




Sec. 08.40.390. Exclusions.
 (a) AS 08.40.210 — 08.40.490 do not apply to a utility, municipality, or local governing body whose employees are engaged in mechanical work on an integral part of a system owned and operated by the utility, municipality, or local governing body.

 (b) AS 08.40.210 — 08.40.490 do not apply to a person engaged in
     (1) the manufacture or repair of mechanical apparatus or equipment;

     (2) mechanical work, the cost of which does not exceed $50,000, involving residences or small commercial establishments in communities that
          (A) have a population of under 5,000 according to the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development; or

          (B) are over 50 miles by air or water transportation from the business place of a mechanical administrator licensed under AS 08.40.210 — 08.40.490;

     (3) mechanical installation on a single-family residence or a two-family residence that is not intended for sale at the time of making the installation;

     (4) installation of water lines or sanitary, storm, or drain sewer lines more than five feet from a building;

     (5) mechanical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee’s work duties with respect to the property but is not offered or performed as a service to the public;

     (6) design, installation, maintenance, or repair of fire extinguishing systems.




Sec. 08.40.400. Personal supervision.
A person licensed under AS 08.40.210 — 08.40.490 as a mechanical administrator who is responsible for installation or modification of mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials, or who is responsible for certifying that the installation or modification complies with applicable codes, shall personally inspect those materials after installation and modification unless the installation or modification amounts to simple or highly standardized work performed in less than 24 man-hours by personnel generally under the supervision of the mechanical administrator.


Sec. 08.40.490. Definitions.
In AS 08.40.210 — 08.40.490,
     (1) “department” means the Department of Commerce, Community, and Economic Development except where the context otherwise requires;

     (2) “manufacture” means fabrication or completion of a product or mechanical apparatus exclusive of its completion or installation at a job site;

     (3) “mechanical administrator” means a person who is responsible for
          (A) installing or modifying mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials subject to the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials; or

          (B) certifying that an installation or modification described in (A) of this paragraph complies with the applicable codes;

     (4) “mechanical piping” includes piping fixtures, devices, and equipment;

     (5) “utility” means every public, cooperative, or other corporation, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls a plant or system for
          (A) furnishing, by generation, transmission, or distribution, electrical service, fuel gas service, district heating, sewage disposal, or domestic water service to the public for compensation;

          (B) furnishing telecommunications service to the public for compensation.




Chapter 42. Morticians.

Sec. 08.42.010. Authority of department.
The department has jurisdiction over the practice of mortuary science under this chapter. The department may adopt and enforce regulations and set fees relating to the practice of mortuary science.


Sec. 08.42.020. License required for the practice of mortuary science.
 (a) A person may not engage in the practice of mortuary science or hold out as being engaged in the practice unless licensed as an embalmer or funeral director by the department. A person holding a license as a funeral director may not embalm or restore a dead human body, take charge of the remains of a person dead of a communicable disease, or prepare for transportation by common carrier a human body dead of a communicable disease.

 (b) [Repealed, § 62 ch 21 SLA 1991.]
 (c) In the event the dead body is to be disposed of in a manner not requiring embalming, the department may issue a permit to an unlicensed person for the care and disposition of dead human bodies for compensation. This permit otherwise in no way licenses the holder to practice mortuary science.




Sec. 08.42.030. Examination of applicants for license to practice mortuary science.
The department is granted authority to examine all applicants for a license to practice mortuary science and to determine whether an applicant possesses the necessary qualifications. The department shall hold an examination at least once each year at the place and time the department may determine.


Sec. 08.42.040. Application for license to practice mortuary science.
The applicant for an examination for a license to practice as an embalmer or as a funeral director shall make application to the department in writing on a form provided by the department.


Sec. 08.42.050. Qualifications for license to practice mortuary science.
 (a) In order to qualify for a license to practice embalming, the applicant shall
     (1) be at least 18 years of age;

     (2) have graduated from an accredited school or college of mortuary science;

     (3) have taken and passed the examination for a license to practice embalming conducted by the department;

     (4) have completed at least one year of apprenticeship as a trainee under a licensed embalmer.

 (b) In order to qualify for a license to practice funeral directing, the applicant shall
     (1) be at least 18 years of age;

     (2) have satisfactorily completed at least one year (30 semester credit hours) at an accredited college or university;

     (3) have taken and passed the examination for a license to practice funeral directing conducted by the department;

     (4) have completed at least one year of apprenticeship as a trainee under a person licensed to practice funeral directing in this state.




Sec. 08.42.060. Scope and conduct of examination for a license to practice mortuary science.
 (a) The department shall examine applicants for an embalmer’s license; the examination may include any or all of the following subjects: (1) theory and practice of embalming, (2) anatomy, (3) pathology, (4) bacteriology, (5) hygiene, including sanitation and public health, (6) chemistry, including toxicology, (7) restorative arts, including plastic surgery and demi-surgery, (8) funeral service arts and sciences and funeral service administration, including accounting, funeral law, psychology, funeral principles, directing, and management, (9) Alaska vital statistics law, and (10) the provisions of this chapter and the regulations adopted by the department under this chapter. The department shall examine applicants for a funeral director’s license; the examination may include any or all of the subjects included in (8), (9), and (10) of this subsection. The department may use the examination provided by the International Conference of Funeral Service Examining Boards where it is applicable to the subjects in this section.

 (b) A passing grade in the examination is an average grade of at least 75 percent with no individual subject grade of less than 70 percent.

 (c) If an applicant receives an average grade of at least 75 percent, but receives a grade of less than 70 percent in three or fewer individual subjects, the applicant may be reexamined only in those subjects. The applicant is entitled to reexamination on individual subjects only once. A grade of at least 70 percent in each of the subjects in which the applicant is reexamined is sufficient to constitute a passing grade.

 (d) Except as provided in (c) of this section, an applicant shall be reexamined in all subjects if the applicant reapplies for examination.




Sec. 08.42.070. Reciprocity.
 (a) The department may recognize the license issued to an embalmer or funeral director from another state if the applicant
     (1) furnishes proof satisfactory to the department that the applicant
          (A) has complied, in the state in which the applicant is licensed, with requirements substantially equal to the requirements of this chapter; or

          (B) meets the applicable requirements for the license for which the applicant is applying except for the apprenticeship and examination provisions and that the applicant is licensed in another state and has practiced mortuary science for at least one year in a state where the applicant is licensed; and

     (2) takes and passes the examination provided for in (b) of this section.

 (b) The department shall examine each applicant under this section on the following subjects: Alaska vital statistics law, the provisions of this chapter, and the regulations adopted by the department under this chapter.




Sec. 08.42.080. License. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.100.]
Sec. 08.42.085. Qualifications for trainees.
 (a) A person may apprentice as an embalmer trainee if the person
     (1) is at least 18 years of age;

     (2) applies on a form provided by the department; and

     (3) furnishes evidence satisfactory to the department that an embalmer licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100.

 (b) A person may apprentice as a funeral director trainee if the person
     (1) is at least 18 years of age;

     (2) applies on a form provided by the department; and

     (3) furnishes evidence satisfactory to the department that a funeral director licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100.

 (c) The department shall issue a permit valid for one year to an applicant who meets the requirements of this section. The department shall renew a permit for one year if the trainee applies for renewal on a form provided by the department and shows that the training activity continues to satisfy the requirements of this section. The department shall charge a fee for processing applications and renewals under this section that will be sufficient to cover administrative costs.

 (d) A person may apprentice as a funeral director trainee or as an embalmer trainee for no more than two years.




Sec. 08.42.090. Grounds for refusal to issue or renew licenses and suspension or revocation of licenses.
When the department has reason to believe that an applicant or licensee has been guilty of any of the following acts or omissions, it may conduct an investigation, and the department may, after proper hearing and notice in accordance with AS 44.62 (Administrative Procedure Act), refuse to issue, refuse to renew, or may suspend or revoke, a license upon a finding by the department of any of the following acts or omissions:
     (1) fraud or misrepresentation in obtaining a license;

     (2) misrepresentation or fraud in the practice of mortuary science;

     (3) false or misleading advertising;

     (4) aiding or abetting an unlicensed person to practice mortuary science;

     (5) using a casket or part of a casket which has previously been used as a receptacle for the burial or other final disposition of another dead human body;

     (6) refusing to promptly surrender the custody of a dead human body upon the order of the person lawfully entitled to custody;

     (7) solicitation of a dead human body by the licensee, the licensee’s agents, servants or employees, if solicitation occurs after death, or while death is impending but this does not prohibit advertising or sales made on a pre-need basis;

     (8) employment by the licensee of any person for the purpose of calling upon individuals or institutions to influence them to turn over a dead human body to a particular licensee immediately before an impending death or after death;

     (9) the direct or indirect payment or offer of payment for the purpose of obtaining a dead body by the licensee, the licensee’s agents, servants or employees immediately before an impending death or after death;

     (10) immediately before impending death or after death, solicitation or acceptance by a licensee of any payment for recommending or causing a dead human body to be disposed of in a specific crematory, mausoleum or cemetery; however, this section does not prevent the recommendation or solicitation for sales of space and merchandise in a specific crematory, mausoleum or cemetery, if the licensee has an ownership interest in the specific crematory, mausoleum or cemetery and the ownership interest is disclosed at the time of the solicitation, recommendation or sale;

     (11) violation of a state law or regulation or municipal ordinance or regulation or federal law or regulation affecting the disposition of a dead human body, or contracts relating to the disposition of a dead human body;

     (12) violation of any of the provisions of this chapter;

     (13) conviction of a felony involving moral turpitude.




Sec. 08.42.100. Funeral establishment permit.
A person may not conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the department and is conspicuously displayed in the funeral establishment. Each permit is valid only for one specific location, and each firm operating from the same funeral establishment shall obtain a separate permit. The department shall issue a permit to operate a funeral establishment upon application for the permit on a form provided by the department. All permits expire at the time established under AS 08.01.100 and may be renewed for successive terms. Violation of a provision of AS 08.42.090 by a person operating a funeral establishment or, with that person’s knowledge or consent, by an employee is considered sufficient cause for suspension or revocation of the funeral establishment permit.


Sec. 08.42.110. [Renumbered as AS 08.42.200.]
Sec. 08.42.120. Violations; penalties.
A person who violates or aids a person in a violation of this chapter is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year or by a fine of not more than $5,000.


Sec. 08.42.130. Enforcement by attorney general.
The attorney general may bring an action in the superior court to enjoin a person from violating the provisions of this chapter.


Sec. 08.42.200. Definitions.
In this chapter,
     (1) “department” means the Department of Commerce, Community, and Economic Development;

     (2) “funeral establishment” means every place devoted to or used in the care and preparation for disposition of dead human bodies, or as the office or place for carrying on the profession of mortuary science, or for any combination of these;

     (3) “mortuary science” means embalming of dead human bodies, taking charge of the remains of those dead of a communicable disease, or preparing dead human bodies for shipment, directing or supervising funerals;

     (4) “trainee” means a person who has met the qualifications set out in AS 08.42.085(a) and is engaged in learning the practice of embalming under the direction and control of a person properly licensed to practice embalming, or a person who has met the qualifications set out in AS 08.42.085(b) and is engaged in learning the practice of funeral directing under the direction and control of a person properly licensed to practice funeral directing.




Chapter 44. Embalmers.

[Repealed, § 4 ch 197 SLA 1976.]

Chapter 45. Naturopaths.

Sec. 08.45.010. Practice of naturopathy without license prohibited.
A person may not practice naturopathy in the state without a license.


Sec. 08.45.020. Application for license.
A person desiring to practice naturopathy shall apply in writing to the department.


Sec. 08.45.030. Issuance of license.
The department shall issue a license to practice naturopathy to an applicant who provides proof satisfactory to the department that the applicant has received a degree from an accredited four-year college or university, and
     (1) on or before December 31, 1987, has graduated from a school of naturopathy that required four years of attendance at the school and after graduation has received a license in another state after passing an examination for licensure in that state and is licensed by a state at the time of application; or

     (2) after December 31, 1987, has
          (A) graduated from a school of naturopathy that required four years of attendance at the school and at the time of graduation the school was accredited or a candidate for accreditation by the Council on Naturopathic Medical Education or a successor organization recognized by the United States Department of Education; and

          (B) passed the Naturopathic Physicians Licensing Examination.




Sec. 08.45.035. Temporary licenses.
 (a) The department shall issue a temporary license to practice naturopathy to an applicant who has applied for and is qualified to take the next Naturopathic Physicians Licensing Examination offered after the date of application and provides proof satisfactory to the department that the applicant
     (1) meets the requirements of AS 08.45.030(2)(A); and

     (2) has not previously failed the Naturopathic Physicians Licensing Examination.

 (b) A temporary license issued under (a) of this section terminates on the date
     (1) the results of the examination the applicant agreed to take under (a) of this section are reported by the testing authority if the applicant failed the examination; or

     (2) of the Naturopathic Physicians Licensing Examination that the applicant agreed to take under (a) of this section if the applicant fails to take the examination.

 (c) A temporary license holder may practice only in the office of a naturopath licensed by this state.




Sec. 08.45.040. Disclosures required by person who practices naturopathy.
 (a) A person who practices naturopathy shall clearly disclose that the person’s training and practice is in naturopathy
     (1) to each patient; and

     (2) on all material used in the practice of naturopathy and made available to patients or to the public.

 (b) A person who practices naturopathy without being covered by malpractice insurance shall disclose to each patient that the person does not have the insurance.




Sec. 08.45.050. Restrictions on practice of naturopathy.
A person who practices naturopathy may not
     (1) give, prescribe, or recommend in the practice
          (A) a prescription drug;

          (B) a controlled substance;

          (C) a poison;

     (2) engage in surgery;

     (3) use the word “physician” in the person’s title.




Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a license.
The department may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;

     (6) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction or severe dependency on alcohol or a drug that impairs the licensee’s ability to practice safely;

          (C) physical or mental disability;

     (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.




Sec. 08.45.070. Disciplinary sanctions.
 (a) When it finds that a licensee under this chapter has violated AS 08.45.040 — 08.45.050 or is guilty of an offense under AS 08.45.060, the department may impose the following sanctions singly or in combination:
     (1) permanently revoke the license to practice;

     (2) suspend the license for a determinate period of time;

     (3) censure the licensee;

     (4) issue a letter of reprimand to the licensee;

     (5) place the licensee on probationary status and require the licensee to
          (A) report regularly to the department upon matters involving the basis of probation;

          (B) limit practice to those areas prescribed;

          (C) continue professional education until a satisfactory degree of skill has been attained in areas determined by the department to need improvement;

     (6) impose limitations or conditions on the practice of the licensee.

 (b) The department may withdraw probationary status of a licensee if it finds that the deficiencies that required the sanction have been remedied.

 (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A licensee whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) not later than seven days after the effective date of the order. The licensee may appeal the suspension after a hearing to a court of competent jurisdiction.




Sec. 08.45.080. Unlicensed practice a misdemeanor.
A person who practices naturopathy in the state without a license in violation of AS 08.45.010 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than a year, or by both.


Sec. 08.45.090. Fraudulent license.
A person who obtains or attempts to obtain a naturopathic license by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a naturopathic license is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.


Sec. 08.45.100. Regulations.
The Department of Commerce, Community, and Economic Development shall adopt regulations to implement this chapter.


Sec. 08.45.200. Definitions.
In this chapter,
     (1) “controlled substance” has the meaning given in AS 11.71.900;

     (2) “department” means the Department of Commerce, Community, and Economic Development;

     (3) “naturopathy” means the use of hydrotherapy, dietetics, electrotherapy, sanitation, suggestion, mechanical and manual manipulation for the stimulation of physiological and psychological action to establish a normal condition of mind and body; in this paragraph, “dietetics” includes herbal and homeopathic remedies.




Article 1. Board of Registration.


Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects.

Sec. 08.48.010. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.011. Board created.
 (a) There is created the State Board of Registration for Architects, Engineers, and Land Surveyors. The board shall administer the provisions of this chapter and comply with AS 44.62 (Administrative Procedure Act).

 (b) The board consists of 11 members appointed by the governor having the qualifications as set out in AS 08.48.031. The board consists of two civil engineers, two land surveyors, one mining engineer, one electrical or mechanical engineer, one engineer from another branch of the profession of engineering, two architects, one landscape architect, and one public member.

 (c) Notwithstanding (b) of this section, if a mining engineer who qualifies for appointment to the board and is interested in serving on the board is not available, the governor may appoint a petroleum or chemical engineer to the seat designated for a mining engineer.




Sec. 08.48.020. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.021. Appointments and terms.
 (a) The governor shall give each member of the board a certificate of appointment, and the member shall file with the lieutenant governor a written oath or affirmation for faithful discharge of the member’s official duty.

 (b) [Repealed, § 49 ch 94 SLA 1987.]
 (c) For purposes of determining appointments and terms under AS 08.01.035, notwithstanding the reference in that section relating to eligibility for reappointment after serving a full or partial term,
     (1) a member who has served all of two successive terms on the board may not be reappointed to the board unless four years have elapsed since the person last served on the board; and

     (2) for purposes of (1) of this subsection, a person who serves for two years or more of a four-year term is considered to have served a full term.




Sec. 08.48.030. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.031. Qualifications.
Each member of the board must have been a resident in the state for three consecutive years immediately preceding appointment and, except for the public member, must be registered and have a minimum of five years of professional practice in the member’s respective field.


Sec. 08.48.040. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.48.041. Removal of members.
The governor may remove a member of the board for misconduct, incompetency, or neglect of duty.


Sec. 08.48.050. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.051. Organization and meetings.
The board shall hold at least four regular meetings each year. Special meetings may be held as the bylaws of the board provide. The board shall elect or appoint annually from its members the following officers: chair, vice-chair, and secretary.


Sec. 08.48.055. Executive Secretary of the Board; Investigator.
 (a) The department, in consultation with the board, shall employ two persons who are not members of the board. One shall serve as the executive secretary of the board. The other shall serve as investigator for the board. The executive secretary is the principal executive officer of the board and is in the partially exempt service under AS 39.25.120.

 (b) The executive secretary of the board shall perform duties as prescribed by the board.

 (c) The investigator employed under (a) of this section
     (1) shall conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board;

     (2) shall, at the request of the board, conduct investigations based on complaints filed with the department or with the board; and

     (3) is directly responsible and accountable to the board, except that only the department has authority to terminate the investigator’s employment, and the department shall provide day-to-day and administrative supervision of the investigator.




Sec. 08.48.060. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.061. Finances.
 (a) All money derived under the provisions of this chapter shall be deposited in the general fund.

 (b) Each member of the board is entitled to receive per diem and travel expenses as authorized by law for other boards and commissions.

 (c) The board may make expenditures from appropriated funds for any purpose that is reasonably necessary for the proper performance of its duties under this chapter. This may include the expenses of the board delegates to meetings of councils of architect examiners, engineering examiners, land surveyor examiners, or landscape architect examiners, or any of their subdivisions. The total amount of disbursements issued in payment of the expenses incurred under this chapter may not exceed the amount of money appropriated by the legislature.




Sec. 08.48.070. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.071. Records and reports.
 (a) The following record of the board’s proceedings and of all applications for registration or authorization shall be kept by the Department of Commerce, Community, and Economic Development under AS 08.01.050:
     (1) the name, age, and last known address of each applicant;

     (2) the date of application;

     (3) the place of business of the applicant;

     (4) the education, experience, and other qualifications;

     (5) the type of examination required;

     (6) whether or not the applicant was rejected;

     (7) whether or not a certificate of registration or authorization was granted or endorsed;

     (8) the date of the action of the board;

     (9) other action taken by the board;

     (10) other information that may be considered necessary by the board.

 (b) The record of the board is prima facie evidence of the proceedings of the board, and a transcript, certified by the secretary, is admissible as evidence with the same effect as if the original were produced.

 (c) [Repealed, § 6 ch 19 SLA 1998, June 28, 1998.]
 (d) Board records and papers of the following class are of a confidential nature and are not public records: examination material for examinations not yet given, file records of examination problems, solutions, letters of inquiry and reference concerning applicants, board inquiry forms concerning applicants, investigation files if an investigation is still pending, and all other matters of a like confidential nature.

 (e) The Department of Commerce, Community, and Economic Development shall, under AS 08.01.050, preserve the records under (a) of this section for the previous five years.

 (f) The Department of Commerce, Community, and Economic Development shall assemble statistics relating to the performance of its staff and the performance of the board, including but not limited to,
     (1) the number of architects, engineers, land surveyors, and landscape architects registered over a five-year period;

     (2) the rate of passage of examinations administered by the board;

     (3) the number of persons making application for registration as a professional architect, engineer, land surveyor, or landscape architect over a five-year period;

     (4) an account of registration fees collected under AS 08.01.065;

     (5) a measure of the correspondence workload of any licensing examiner employed by the department to carry out this chapter.




Sec. 08.48.080. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.081. Roster. [Repealed, § 9 ch 2 SLA 1990.]
Sec. 08.48.090. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.091. Examinations.
Examinations shall be held at least once each year at places determined by the board. A candidate failing an examination may apply for reexamination in accordance with regulations adopted by the board.


Sec. 08.48.100. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.101. Regulations; bylaws; code of ethics.
 (a) The board may adopt regulations to carry out the purpose of this chapter, including regulations
     (1) describing the contents of an examination;

     (2) establishing the conduct of an examination;

     (3) establishing a minimum score for passing an examination;

     (4) establishing bylaws governing its meetings and activities;

     (5) publishing a code of ethics or professional conduct for those persons regulated by this chapter, including corporations, limited liability companies, and limited liability partnerships under AS 08.48.241;

     (6) establishing continuing education requirements for persons regulated by this chapter that must be completed before a certificate may be renewed; the continuing education requirements may not exceed standards established by a national accrediting body or other recognized professional organization.

 (b) [Repealed, § 6 ch 19 SLA 1998.]




Sec. 08.48.110. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.111. Power to revoke, suspend, or reissue certificate.
The board may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, corporation, limited liability company, or limited liability partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the practice of architecture, engineering, land surveying, or landscape architecture; or (3) a violation of this chapter, a regulation adopted under this chapter, or the code of ethics or professional conduct as adopted by the board. The code of ethics or professional conduct shall be distributed in writing to every registrant and applicant for registration under this chapter. This publication and distribution of the code of ethics or professional conduct constitutes due notice to all registrants. The board may revise and amend its code and, upon doing so, shall immediately notify each registrant in writing of the revisions or amendments. The board may, upon petition of the registrant, corporation, limited liability company, or limited liability partnership, reissue a certificate if a majority of the members of the board vote in favor of the reissuance.


Sec. 08.48.120. [Repealed, § 2 ch 27 SLA 1968.]
Sec. 08.48.121. Disciplinary action and procedure.
Any person may file with the secretary of the board a charge of fraud, deceit, gross negligence, incompetence, misconduct, or violation of this chapter, a regulation adopted under it, or the code of ethics of the board. The charge, constituting an accusation under AS 44.62 (Administrative Procedure Act), shall be in writing and sworn to by the person making it. A charge may be dismissed by the board as unfounded or trivial.


Sec. 08.48.130. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.48.131. Injunction.
The board may bring an action in the superior court to enforce compliance with this chapter or an order of the board or to enjoin a person from doing an act that violates this chapter.


Sec. 08.48.140. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.141. Legal counsel.
The attorney general of the state shall act as legal advisor to the board and render legal assistance upon request of its chair.


Secs. 08.48.150 — 08.48.170. [Repealed, § 1 ch 179 SLA 1972.]

Article 2. Registration and Practice.


Sec. 08.48.171. General requirements and qualifications for registration.
An applicant for registration as an architect, engineer, land surveyor, or landscape architect must be of good character and reputation and shall submit evidence satisfactory to the board of the applicant’s education, training, and experience. However, an applicant for registration as a land surveyor may not be required to submit evidence of more than eight years of any combination of education, experience, or training.


Sec. 08.48.180. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.181. Registration upon examination.
Except as provided in AS 08.48.191, for registration as a professional architect, professional engineer, professional land surveyor, or professional landscape architect, a person shall be examined in this state in accordance with the regulations of procedure and standards adopted by the board under AS 44.62 (Administrative Procedure Act). The procedure and standards shall at least meet the requirements adopted by recognized national examining councils for these professions.


Sec. 08.48.190. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.191. Registration by comity or endorsement.
 (a) A person holding a certificate of registration authorizing the person to practice architecture in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, or holding a certificate of qualification issued by the National Council of Architectural Registration Boards, that, in the opinion of the board, meets the requirements of this chapter, based on verified evidence, may, upon application, be registered in accordance with the regulations of the board.

 (b) A person holding a certificate of registration authorizing the person to practice engineering in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, that, in the opinion of the board meets the requirements of this chapter, based on verified evidence, may, upon application, be registered in accordance with regulations of the board.

 (c) A person holding a certificate of registration authorizing the person to practice land surveying in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, may, upon application, be registered in accordance with the regulations of the board if the person’s certificate was issued under requirements comparable to those in this state.

 (d) A person holding a certificate of registration authorizing the person to practice landscape architecture in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, that in the opinion of the board meets the requirements of this chapter, based on verified evidence, may upon application, be registered under the regulations of the board. A person holding a certificate of qualification issued by the Council of Landscape Architectural Registration Boards may upon application be registered under regulations of the board.




Sec. 08.48.200. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.201. Application for registration.
 (a) Application for registration as a professional architect, a professional engineer, a professional land surveyor, or a professional landscape architect shall
     (1) be on a form prescribed and furnished by the board;

     (2) contain statements made under oath, showing the applicant’s education and a detailed summary of the applicant’s technical experience; and

     (3) contain five references, three of whom must be architects for architectural registration, engineers for engineering registration, land surveyors for land surveying registration, and landscape architects for landscape architectural registration, having personal knowledge of the applicant’s architectural, engineering, land surveying, or landscape architectural education, training, or experience.

 (b) [Repealed, § 54 ch 37 SLA 1985.]




Sec. 08.48.210. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.211. Certificate of registration.
 (a) An applicant who fulfills the requirements set out by the board shall be awarded a certificate of registration as a professional architect, engineer, land surveyor, or landscape architect, authorizing the holder to offer or perform architectural, engineering, land surveying, or landscape architectural services or work for the public, or to certify or sign architectural, engineering, land surveying, or landscape architectural documents. Certificates of registration issued under this section shall be inscribed on their face in a manner determined by the board.

 (b) The certificate of registration sealed by the board is prima facie evidence that the person named in it is entitled to all rights and privileges of a professional architect, professional engineer, professional land surveyor, or professional landscape architect while the certificate remains unrevoked or unexpired.




Sec. 08.48.215. Retired status registration.
 (a) On retiring from practice and payment of an appropriate one-time fee, an individual who is a registrant in good standing with the board may apply for the conversion of a certificate of registration to a retired status registration. An individual holding a retired status registration may not practice architecture, engineering, land surveying, or landscape architecture in the state. A retired status registration is valid for the life of the registration holder and does not require renewal.

 (b) An individual with a retired status registration may apply for a certificate of registration. Before issuing a certificate of registration under this subsection, the board may require the applicant to meet reasonable criteria as determined under regulations of the board. The criteria may include submission of continuing education credits and reexamination requirements.




Sec. 08.48.220. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.221. Seals.
 (a) Each registrant may obtain a seal of the design authorized by the board, bearing the registrant’s name, registration number, and the legend “Registered Professional Architect,” “Registered Professional Engineer,” “Registered Professional Land Surveyor,” or “Registered Professional Landscape Architect,” as appropriate. When a registrant issues final drawings, specifications, surveys, plats, plates, reports, or similar documents, the registrant shall stamp the documents with the seal and sign the seal. The board shall adopt regulations governing the use of seals by the registrant. An architect, engineer, land surveyor, or landscape architect may not affix or permit a seal and signature to be affixed to an instrument after the expiration of a certificate or for the purpose of aiding or abetting another person to evade or attempt to evade a provision of this chapter. The registrant, by affixing the registrant’s seal to final drawings, specifications, surveys, plats, plates, reports, or similar documents, and by signing the seal, certifies that the documents were prepared by or under the registrant’s direct supervision, are within the registrant’s field of practice, or constitute design work of minor importance.

 (b) Final drawings, specifications, surveys, plats, plates, reports, or similar documents containing the work of multiple fields of practice shall be sealed and signed by a registrant in each field of practice covered by the document. The registrant shall certify on the face of the document the extent of the registrant’s responsibility for all work prepared under the registrant’s seal. When certifying design work of minor importance, the registrant shall identify that work on the document near the registrant’s seal and take responsibility for all work prepared under the registrant’s seal.




Sec. 08.48.230. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.231. Expirations and renewals.
 (a) To remain valid, certificates shall be renewed in accordance with AS 08.01.100. Notice of renewal dates, given under AS 08.01.050(a)(11), shall be mailed to the registrant, corporation, limited liability company, or limited liability partnership at the registrant’s, corporation’s, limited liability company’s, or limited liability partnership’s last known address at least one month in advance of the date of the expiration of the certificate. If the certificate has been suspended or revoked, the board may take action independent of this section.

 (b) The renewal of a certificate does not require reapplication if the certificate has not expired or has not been suspended or revoked.

 (c) An expired certificate may be renewed under regulations adopted by the board establishing requirements for reexamination.




Sec. 08.48.240. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.241. Corporations, limited liability companies, and limited liability partnerships.
 (a) This chapter does not prevent a corporation, limited liability company, or limited liability partnership from offering architectural, engineering, land surveying, or landscape architectural services; however, the corporation, limited liability company, or limited liability partnership shall file with the board
     (1) an application for a certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the corporation, limited liability company, or limited liability partnership is qualified in accordance with the provisions of this chapter to offer to practice architecture, engineering, land surveying, or landscape architecture in this state;

     (2) a certified copy of a resolution of the board of directors of the corporation, the managing members or manager of the limited liability company, or the general partners of a limited liability partnership designating persons holding certificates of registration under this chapter as responsible for the practice of architecture, engineering, land surveying, or landscape architecture by the corporation, limited liability company, or limited liability partnership in this state and providing that full authority to make all final architectural, engineering, land surveying, or landscape architectural decisions on behalf of the corporation, limited liability company, or limited liability partnership with respect to work performed by the corporation, limited liability company, or limited liability partnership in this state is granted by the board of directors of the corporation, the managing members or manager of the limited liability company, or the general partners of the limited liability partnership to the persons designated in the resolution; however, the filing of this resolution does not relieve the corporation, limited liability company, or limited liability partnership of any responsibility or liability imposed upon it by law or by contract;

     (3) a designation in writing setting out the name of one or more persons holding certificates of registration under this chapter who are in responsible charge of each major branch of the architectural, engineering, land surveying, or landscape architectural activities in which the corporation, limited liability company, or limited liability partnership specializes in this state; if a change is made in the person in responsible charge of a major branch of the architectural, engineering, land surveying, or landscape architectural activities, the change shall be designated in writing and filed with the board within 30 days after the effective date of the change.

 (b) Upon filing with the board the application for certificate of authorization, certified copy of resolution, affidavit, and designation of persons specified in this section, the board shall, subject to (c) of this section, issue to the corporation, limited liability company, or limited liability partnership a certificate of authorization to practice architecture, engineering, land surveying, or landscape architecture in this state upon a determination by the board that
     (1) the bylaws of the corporation, the articles of organization or operating agreement of the limited liability company, or the partnership agreement of the limited liability partnership contain provisions that all architectural, engineering, land surveying, or landscape architectural decisions pertaining to architectural, engineering, land surveying, or landscape architectural activities in this state will be made by the specified architect, engineer, land surveyor, or landscape architect in responsible charge, or other registered architects, engineers, land surveyors, or landscape architects under the direction or supervision of the architect, engineer, land surveyor, or landscape architect in responsible charge;

     (2) the application for certificate of authorization states the type of architecture, engineering, land surveying, or landscape architecture practiced or to be practiced by the corporation, limited liability company, or limited liability partnership;

     (3) the applicant corporation, limited liability company, or limited liability partnership has the ability to provide architectural, engineering, land surveying, or landscape architectural services;

     (4) the application for certificate of authorization states the professional records of the designated person who is in responsible charge of each major branch of architectural, engineering, land surveying, or landscape architectural activities in which the corporation, limited liability company, or limited liability partnership specializes;

     (5) the application for certificate of authorization states the experience, if any, of the corporation, limited liability company, or limited liability partnership in furnishing architectural, engineering, land surveying, or landscape architectural services during the preceding five-year period;

     (6) the applicant corporation, limited liability company, or limited liability partnership meets other requirements related to professional competence in the furnishing of architectural, engineering, land surveying, or landscape architectural services as may be adopted by the board in furtherance of the objectives and provisions of this chapter.

 (c) The board may, in the exercise of its discretion, refuse to issue, or may suspend or revoke a certificate of authorization to a corporation, limited liability company, or limited liability partnership if the board finds that any of the corporation’s officers, directors, or incorporators, any of the stockholders holding a majority of the stock of the corporation, any of the limited liability company’s organizers, managers, or managing members, or any of the limited liability partnership’s general partners has committed misconduct or malpractice, or has been found personally responsible for misconduct or malpractice under the provisions of this chapter.

 (d) The certificate of authorization must specify the major branches of architecture, engineering, land surveying, or landscape architecture of which the corporation, limited liability company, or limited liability partnership has designated a person in responsible charge as provided in this section. The certificate of authorization shall be conspicuously displayed in the place of business of the corporation, limited liability company, or limited liability partnership, together with the names of persons designated as being in responsible charge of the professional activities.

 (e) If a corporation, limited liability company, or limited liability partnership that is organized solely by either a group of architects, a group of engineers, a group of land surveyors, or a group of landscape architects, each holding a certificate of registration under this chapter, applies for a certificate of authorization, the board may, in its discretion, grant a certificate of authorization to the corporation, limited liability company, or limited liability partnership based on a review of the professional records of the incorporators of the corporation, organizers of the limited liability company, or partners who formed the limited liability partnership in place of the required qualifications set out in this section. If the ownership of the corporation is altered, the membership of the limited liability company is altered, or the partners of the limited liability partnership change, the corporation, limited liability company, or limited liability partnership shall apply for a revised certificate of authorization, based upon the professional records of the owners of the corporation, the members of the limited liability company, or the partners of the limited liability partnership, if exclusively architects, engineers, land surveyors, or landscape architects, or otherwise under the qualifications required by (b)(1) — (4) of this section.

 (f) A corporation, limited liability company, or a limited liability partnership authorized to offer architectural, engineering, land surveying, or landscape architectural services under this chapter, together with its directors, officers, managing members, manager, and partners for their own individual acts, is responsible to the same degree as the designated individual registered architect, engineer, land surveyor, or landscape architect, and shall conduct its business without misconduct or malpractice in the practice of architecture, engineering, land surveying, or landscape architecture as defined in this chapter.

 (g) If the board, after a proper hearing, finds that a corporation, limited liability company, or limited liability partnership holding a certificate of authorization has committed misconduct or malpractice, the board shall suspend or revoke the certificate of authorization. The board shall also suspend or revoke the certificate of registration of any registered individual architect, engineer, land surveyor, or landscape architect who, after a proper hearing, is found by the board to have participated in committing the misconduct or malpractice.

 (h) Drawings, specifications, designs, and reports, when issued in connection with work performed by a corporation, limited liability company, or limited liability partnership under its certificate of authorization, shall be prepared by or under the responsible charge of and shall be signed by and stamped with the official seal of a person holding a certificate of registration under this chapter.

 (i) [Repealed, § 54 ch 37 SLA 1985.]
 (j) In this section,
     (1) “manager” has the meaning given in AS 10.50.990;

     (2) “managing member” has the meaning given in AS 10.50.990.




Sec. 08.48.250. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.251. Certain partnerships.
This chapter does not prevent the practice of architecture, engineering, land surveying, or landscape architecture by a partnership if all of the members of the partnership are architects, engineers, land surveyors, or landscape architects legally registered under this chapter. In this section, “partnership” does not include a limited liability partnership.


Sec. 08.48.255. Teachers. [Repealed, § 2 ch 58 SLA 1991.]
Sec. 08.48.260. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.261. State employees. [Repealed, § 9 ch 2 SLA 1990. For transitional provisions relating to registration requirements of state employees, see § 10, ch. 2, SLA 1990 in the Temporary and Special Acts.]
Sec. 08.48.265. Fees.
The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for examinations, registrations, certificates of authorization, and renewals of a certificate.


Secs. 08.48.270 — 08.48.280. [Repealed, § 1 ch 179 SLA 1972.]

Article 3. Unlawful Acts.


Sec. 08.48.281. Prohibited practice.
 (a) A person may not practice or offer to practice the profession of architecture, engineering, land surveying, or landscape architecture in the state, or use in connection with the person’s name or otherwise assume or advertise a title or description tending to convey the impression that the person is an architect, an engineer, a land surveyor, or a landscape architect, unless the person has been registered under the provisions of this chapter or is a person to whom these provisions do not apply, or, in the case of a corporation, limited liability company, or limited liability partnership, unless it has been authorized under this chapter.

 (b) Notwithstanding (a) of this section, this chapter does not prohibit the practice of landscape architecture by a person who is not registered to practice landscape architecture if the services being performed by the person are within the scope of practice authorized by another license that is held by the person.




Sec. 08.48.290. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.291. Violations and penalties.
A person who practices or offers to practice architecture, engineering, land surveying, or landscape architecture in the state without being registered or authorized to practice in accordance with the provisions of this chapter, or a person presenting or attempting to use the certificate or the seal of another, or a person who gives false or forged evidence of any kind to the board or to a member of the board in obtaining or attempting to obtain a certificate, or a person who impersonates a registrant, or a person who uses or attempts to use an expired or revoked or nonexistent certificate, knowing of the certificate’s status, or a person who falsely claims to be registered and authorized to practice under this chapter, or a person who violates any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both.


Sec. 08.48.295. Civil penalty for unregistered or unauthorized practice.
 (a) In addition to any other provision of law, if a person practices or offers to practice architecture, engineering, or land surveying in the state without being registered or authorized to practice in accordance with the provisions of this chapter, the board may enter an order levying a civil penalty.

 (b) A civil penalty levied under this section may not exceed $5,000 for each offense. In levying a civil penalty, the board shall set the amount of the penalty imposed under this section after taking into account appropriate factors, including the seriousness of the violation, the economic benefit resulting from the violation, the history of violations, and other matters the board considers appropriate.

 (c) Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request, within 30 days of issuance of notice by the board, a hearing on the record.

 (d) In connection with proceedings under (a) and (b) of this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce a subpoena.

 (e) A person aggrieved by the levy of a civil penalty under this section may file an appeal with the superior court for judicial review of the penalty under AS 44.62.560.

 (f) If a person fails to pay a civil penalty within 30 days after entry of an order under (a) of this section, or if the order is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the board of an order appealed under (e) of this section, the board shall notify the attorney general. The attorney general may commence a civil action to recover the amount of the penalty.

 (g) An action to enforce an order under this section may be combined with an action for an injunction under AS 08.48.131.




Secs. 08.48.300 — 08.48.310. [Repealed, § 1 ch 179 SLA 1972.]

Article 4. General Provisions.


Sec. 08.48.311. Rights not transferable.
The right to engage in the practice of architecture, engineering, land surveying, or landscape architecture is considered a personal and individual right, based on the qualifications of the individual as evidenced by the individual’s certificate of registration, which is not transferable.


Sec. 08.48.320. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.321. Evidence of practice.
A person practices or offers to practice architecture, engineering, land surveying, or landscape architecture who
     (1) practices a branch of the profession of architecture, engineering, land surveying, or landscape architecture as defined in AS 08.48.341;

     (2) by verbal claim, sign, advertisement, letterhead, card, or other means represents to be an architect, engineer, land surveyor, or landscape architect, or through the use of some other title implies that the person is an architect, engineer, land surveyor, or landscape architect; or

     (3) holds out as able to perform or who does perform an architectural, engineering, land surveying, or landscape architectural service recognized by the professions covered by this chapter, and specified in regulations of the board, as an architectural, engineering, land surveying, or landscape architectural service.




Sec. 08.48.330. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.331. Exemptions.
 (a) This chapter does not apply to
     (1) a contractor performing work designed by a professional architect, engineer, or landscape architect or the supervision of the construction of the work as a supervisor or superintendent for a contractor;

     (2) workers in building trades crafts, earthwork, grounds keeping, or nursery operations, and superintendents, supervisors, or inspectors in the performance of their customary duties;

     (3) an officer or employee of the United States government practicing architecture, engineering, land surveying, or landscape architecture as required by the person’s official capacity;

     (4) an employee or a subordinate of a person registered under this chapter if the work or service is done under the direct supervision of a person registered under this chapter;

     (5) associates, consultants, or specialists retained by a registered individual, a partnership of registered individuals, a corporation, a limited liability company, or a limited liability partnership authorized to practice architecture, engineering, land surveying, or landscape architecture under this chapter, in the performance of professional services if responsible charge of the work remains with the individual, the partnership, or a designated representative of the corporation, limited liability company, or limited liability partnership;

     (6) a person preparing drawings or specifications for
          (A) a building for the person’s own use and occupancy as a single family residence and related site work for that building;

          (B) farm or ranch buildings and their grounds unless the public health, safety, or welfare is involved;

          (C) a building that is intended to be used only as a residence by not more than
               (i) four families and that is not more than two stories high and the grounds of the building; or

               (ii) two families and that is not more than three stories high and the grounds of the building, if the building is located in a municipality that has adopted a building or residential code that applies to the building and if the building complies with the building or residential code;

          (D) a garage, workshop, or similar building that contains less than 2,000 square feet of floor space to be used for a private noncommercial purpose and the grounds of the building;

     (7) a specialty contractor licensed under AS 08.18 while engaged in the business of construction contracting for work designed by an architect, engineer, or landscape architect that is within the specialty to be performed or supervised by the specialty contractor, or a contractor preparing shop or field drawings for work that the specialty contractor has contracted to perform;

     (8) a person furnishing drawings, specifications, instruments of service, or other data for alterations or repairs to a building or its grounds that do not change or affect the structural system or the safety of the building, or that do not affect the public health, safety, or welfare;

     (9) a person who is employed by a postsecondary educational institution to teach engineering, architectural, or landscape architectural courses; in this paragraph, “postsecondary educational institution” has the meaning given in AS 14.48.210;

     (10) an officer or employee of an individual, firm, partnership, association, utility, corporation, limited liability company, or limited liability partnership, who practices engineering, architecture, land surveying, or landscape architecture involved in the operation of the employer’s business only, and further provided that neither the employee nor the employer offers engineering, architecture, land surveying, or landscape architecture services to the public; exclusions under this paragraph do not apply to buildings or structures whose primary use is public occupancy;

     (11) a person while involved in revegetation, restoration, reclamation, rehabilitation, or erosion control for disturbed land that the board determines does not affect the public health, safety, or welfare;

     (12) a person while maintaining or directing the placement of plant material that the board determines does not affect the public health, safety, or welfare;

     (13) an employee, officer, or agent of a regulatory agency of the state or a municipality when reviewing drawings and specifications for compliance with the building codes of the state or a municipality if the drawings and specifications have been sealed and signed by an architect, engineer, land surveyor, or landscape architect or the preparation of the drawings and specifications is exempt under this section from the requirements of this chapter; in this paragraph, “building codes” includes codes relating to building, mechanical, plumbing, electrical, fire safety standards, and zoning;

     (14) a person who is designing fire detection or suppression systems and is authorized by the Department of Public Safety to design fire detection or suppression systems.

 (b) The requirement to be registered as a landscape architect under this chapter only applies to a person who practices an aspect of landscape architecture that the board has determined affects the public health, safety, or welfare.




Sec. 08.48.340. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.341. Definitions.
In this chapter,
     (1) “architect” means a professional architect;

     (2) “board” means the State Board of Registration for Architects, Engineers, and Land Surveyors;

     (3) “building” means a structure used or intended for human occupancy;

     (4) “certificate of authorization” means a certificate issued by the board authorizing a corporation, a limited liability company, or a limited liability partnership to provide professional services in architecture, engineering, land surveying, or landscape architecture through individuals legally registered by the board;

     (5) “certificate of registration” means a certificate issued by the board recognizing the individual named in the certificate as meeting the requirements for registration under this chapter;

     (6) “design of minor importance” means a design that is incidental to the discipline of a registrant and is within the discipline of the registrant, but does not include comprehensive design services of any particular building type, structure, building system, engineering system, or site development;

     (7) “engineer” means a professional engineer;

     (8) “land surveyor” means a professional land surveyor;

     (9) “landscape architect” means a professional landscape architect;

     (10) “limited liability company” means an organization organized under AS 10.50 or a foreign limited liability company; in this paragraph, “foreign limited liability company” has the meaning given in AS 10.50.990;

     (11) “limited liability partnership” means a limited liability partnership or a foreign limited liability partnership, as those terms are defined in AS 32.06.995;

     (12) “practice of architecture” means professional service or creative work in the design of buildings, the teaching of advanced architectural courses in institutions of higher learning, consultation, investigation, evaluation, planning, design, and professional observation of construction of public or private buildings, works, or projects, and architectural review of drawings and specifications by regulatory agencies; “practice of architecture” may by regulation of the board include mechanical, electrical, or structural design of minor importance;

     (13) “practice of engineering” means professional service or creative work, the adequate performance of which requires the specialized knowledge of applied mathematics and sciences, dealing with the design of structures, machines, equipment, utilities systems, materials, processes, works, or projects, public or private; the teaching of advanced engineering courses in institutions of higher learning; the direction of or the performance of engineering surveys, consultation, investigation, evaluation, planning, and professional observation of construction of public and private structures, works, or projects and engineering review of drawings and specifications by regulatory agencies; “practice of engineering” may by regulation of the board include architectural building design of minor importance, but it does not include comprehensive architectural services;

     (14) “practice of land surveying” means the teaching of land surveying courses at an institution of higher learning, or any service or work the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence of the act of measuring and locating land, geodetic and cadastral surveys for the location and monumentation of property boundaries, for the platting and planning of land and subdivisions of land, including the topography, alignment, and grades for streets, and for the preparation and perpetuation of maps, record plats, field note records, and property descriptions that represent these surveys;

     (15) “practice of landscape architecture” means professional services or creative work in site investigation, reconnaissance, research, planning, design, and preparation services related to drawings and construction documents, observation of construction, and location, arrangement, and design of incidental and necessary tangible objects and features for the purpose of
          (A) preservation and enhancement of land uses and natural land features;

          (B) location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways;

          (C) establishing or maintaining trails, plantings, landscape irrigation, landscape lighting, and landscape grading; or

          (D) generalized planning of the development of land areas in a manner that is sensitive to the area’s natural and cultural resources;

     (16) “professional architect” means a person who has been legally registered as a professional architect by the board;

     (17) “professional engineer” means a person who has been legally registered as a professional engineer by the board;

     (18) “professional land surveyor” means a person who has been legally registered as a professional land surveyor by the board;

     (19) “professional landscape architect” means a person registered as a professional landscape architect by the board;

     (20) “responsible charge” means the direct control and personal supervision of work;

     (21) “shop drawing” or “field drawing” means a drawing prepared by a contractor, subcontractor, or vendor that shows how a particular aspect of the work is to be fabricated and installed and demonstrates how an aspect of the work will satisfy the requirements of the construction document, but does not include a final drawing, specification, survey, plat, plate, report, or other similar document;

     (22) “structure” means a system of materials and components that resists horizontal and vertical loads.




Sec. 08.48.350. [Repealed, § 1 ch 179 SLA 1972.]
Sec. 08.48.351. Short title.
This chapter may be cited as the Architects, Engineers, Land Surveyors, and Landscape Architects Registration Act.


Secs. 08.48.360 — 08.48.430. [Repealed, § 1 ch 179 SLA 1972.]

Chapter 52. Explosives Handlers.

Sec. 08.52.010. Power to adopt regulations.
The Department of Labor and Workforce Development may issue orders and adopt regulations relating to the storage and use of explosives necessary to carry out the purposes of this chapter.


Sec. 08.52.020. Certificate of fitness required.
In connection with an excavation, tunnel, quarry, earth removal, or construction carried on in this state, a person may not be employed without a certificate of fitness, while engaged in
     (1) emplacing explosives for detonation;

     (2) installing primers, fuses, wires, or other means of detonation; or

     (3) detonating explosives.




Sec. 08.52.030. Application for and issuance of certificate.
The department shall issue certificates of fitness. A certificate may be issued only to an individual. An applicant for a certificate shall apply in writing, under oath, on a form prescribed by the department containing
     (1) the name and address of the applicant;

     (2) the applicant’s age;

     (3) the applicant’s citizenship;

     (4) the applicant’s fingerprints and fees for a criminal background check conducted under AS 08.52.035; and

     (5) other information that the department requires.




Sec. 08.52.035. Criminal justice information and records.
 (a) An applicant for the issuance or renewal of a certificate of fitness under this chapter shall submit to the department, with the application, the applicant’s fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. The department shall submit the fingerprints to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400. The Department of Public Safety may submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The department shall use the information obtained under this section in its determination of an applicant’s qualification for issuance or renewal of a certificate of fitness.

 (b) In this section, “criminal justice information” has the meaning given in AS 12.62.900.




Sec. 08.52.040. Issuance and contents of certificate.
 (a) If, upon investigation and examination by the department, the applicant is found competent by reason of training, experience, criminal history and background check, and physical fitness, the department shall issue a certificate of fitness. The certificate must set out the competency of the applicant and provide for positive identification of the applicant, and shall be carried on the person engaged in handling explosives.

 (b) The department shall establish in regulation standards of competency based on training, experience, criminal history and background checks, and physical fitness for the issuance of a certificate of fitness.




Sec. 08.52.050. Fee.
An applicant for a certificate of fitness shall pay a fee at the time of application in the amount established by regulations adopted by the department.


Sec. 08.52.060. Duration of certificate.
A certificate of fitness is effective for three years from the date of issue. The department may cancel a certificate for cause.


Sec. 08.52.070. Persons exempt.
Persons employed in mining operations as defined in AS 27.20.061 are exempt from the provisions of this chapter.


Sec. 08.52.080. Violations and penalties.
An employer who violates a provision of this chapter or a regulation adopted or order made under authority of this chapter is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both. Each day’s continuance of a violation constitutes a separate offense.


Sec. 08.52.100. Definition.
In this chapter, “department” means the Department of Labor and Workforce Development.


Article 1. Big Game Guides and Transporters.


Chapter 54. Big Game Guides and Related Occupations.

Sec. 08.54.010. Guide Board. [Repealed, § 18 ch 37 SLA 1989.]
Sec. 08.54.020. Appointment and term of office. [Repealed, § 49 ch 94 SLA 1987.]
Secs. 08.54.030 — 08.54.141. Board powers and duties, etc.; licensing. [Repealed, § 18 ch 37 SLA 1989.]
Secs. 08.54.142 — 08.54.146. Transporter licensing. [Repealed, § 27 ch 71 SLA 1986.]
Secs. 08.54.150 — 08.54.180. Miscellaneous licensing provisions. [Repealed, § 18 ch 37 SLA 1989.]
Sec. 08.54.185. Additional fees. [Repealed, § 27 ch 71 SLA 1986.]
Secs. 08.54.186 — 08.54.240. Exams; restricted areas; prohibitions; general provisions. [Repealed, § 18 ch 37 SLA 1989.]
Secs. 08.54.300 — 08.54.590. Guides and related occupations. [Repealed, § 16 ch 33, SLA 1996.]
Sec. 08.54.591. Creation and membership of board.
 (a) For the purposes of licensing and regulating the activities of providers of commercial services to big game hunters in the interest of the state’s wildlife resources, there is created the Big Game Commercial Services Board. For administrative purposes, the board is in the Department of Commerce, Community, and Economic Development.

 (b) The board consists of nine members as follows:
     (1) two members who are current, licensed registered guide-outfitters;

     (2) two members who are licensed transporters;

     (3) one member of the Board of Game who is chosen by the Board of Game and who does not hold a guide or transport license;

     (4) two members who represent private landholders affected by guided hunting activities or transportation services and who do not hold a license issued under this chapter; and

     (5) two public members.




Sec. 08.54.595. Board assistance.
State agencies shall provide the board with information, data, or technical assistance requested by the board for the purposes of licensing and regulating the activities of providers of commercial services to big game hunters.


Sec. 08.54.600. Duties of board.
 (a) The board shall
     (1) prepare and grade
          (A) a qualification examination for a registered guide-outfitter license that requires demonstration that the applicant is qualified generally to provide guided and outfitted hunts and, in particular, possesses knowledge of fishing, hunting, and guiding laws and regulations; and

          (B) a certification examination for each game management unit in which the registered guide-outfitter intends to provide big game hunting services; the examination must require demonstration that the registered guide-outfitter is qualified to provide guided and outfitted hunts in the game management unit for which the registered guide-outfitter seeks to be certified and, in particular, must require demonstration that the registered guide-outfitter possesses knowledge of the terrain, transportation problems, game, and other characteristics of the game management unit;

     (2) authorize the issuance of registered guide-outfitter, master guide-outfitter, class-A assistant guide, assistant guide, and transporter licenses after the applicant for the license satisfies the requirements for the license;

     (3) impose appropriate disciplinary sanctions on a licensee under AS 08.54.600 — 08.54.790;

     (4) require an applicant for issuance or renewal of any class of guide license or of a transporter license to state in a written and signed document whether the applicant’s right to obtain, or exercise the privileges granted by, a hunting, guiding, outfitting, or transportation services license is revoked or suspended in this state or another state or in Canada;

     (5) regularly disseminate information regarding examinations and other qualifications for all classes of guide licenses to residents of the rural areas of the state;

     (6) adopt procedural and substantive regulations required by this chapter;

     (7) provide for administration of examinations for registered guide-outfitters at least twice a year;

     (8) meet at least twice annually.

 (b) The board shall provide for administration of an oral examination for a registered guide-outfitter license or for a game management unit certification if requested at the time of application for the license.

 (c) In addition to the regulations required under (a) of this section, the board may adopt regulations the board considers appropriate, including regulations to
     (1) establish a code of ethics for professions regulated by the board;

     (2) establish requirements for the contents of written contracts to provide big game hunting services and transportation services to clients;

     (3) authorize the department to request a copy of a big game hunting services or transportation services contract entered into by a person licensed under this chapter.




Sec. 08.54.605. Eligibility for licenses.
 (a) Notwithstanding AS 08.54.610, 08.54.620, 08.54.630, 08.54.650, and 08.54.660, a person may not receive or renew a registered guide-outfitter license, master guide-outfitter license, class-A assistant guide license, assistant guide license, or transporter license if
     (1) the person has been convicted of
          (A) a violation of a state or federal hunting, guiding, or transportation services statute or regulation for which
               (i) the person was imprisoned for more than five days within the previous five years;

               (ii) an unsuspended fine of more than $2,000 was imposed in the previous 12 months;

               (iii) an unsuspended fine of more than $3,000 was imposed in the previous 36 months; or

               (iv) an unsuspended fine of more than $5,000 was imposed in the previous 60 months;

          (B) a felony within the last five years; or

          (C) a felony offense against the person under AS 11.41 within the last 10 years; or

     (2) the person’s right to obtain, or exercise the privileges granted by, a hunting, guiding, outfitting, or transportation services license is suspended or revoked in this state or another state or in Canada.

 (b) Notwithstanding (a) of this section, (a)(1)(B) and (C) of this section are not applicable to offenses committed by a person who receives or received any class of guide license or a transporter license under sec. 13, ch. 33, SLA 1996, if the offense was committed before May 23, 1996. This subsection does not apply when a person applies for a license that is different from the class of guide license or the transporter license received under sec. 13, ch. 33, SLA 1996.

 (c) A person may not receive a certification for a game management unit if the person is prohibited by (a) of this section from receiving or renewing a registered guide-outfitter license or master guide-outfitter license.




Sec. 08.54.608. Retired status license.
 (a) On retiring from guiding or outfitting, or both, and on payment of an appropriate one-time fee, an individual who has held a license issued under AS 08.54.610, 08.54.620, or 08.54.630 that has not been suspended or revoked under AS 08.54.710 may apply for a retired status license. The retired status license shall indicate whether the individual was licensed as a master guide-outfitter, registered guide-outfitter, class-A assistant guide, or assistant guide. An individual holding a retired status license may not guide, outfit, or take charge of a camp in the state under the retired status license. A retired status license is valid for the life of the license holder and does not require renewal.

 (b) An individual with a retired status license issued under (a) of this section may apply for a new registered guide-outfitter license under AS 08.54.610, a new class-A assistant guide license under AS 08.54.620, or a new assistant guide license under AS 08.54.630.




Sec. 08.54.610. Registered guide-outfitter license.
 (a) A natural person is entitled to a registered guide-outfitter license if the person
     (1) is 21 years of age or older;

     (2) has practical field experience in the handling of firearms, hunting, judging trophies, field preparation of meat and trophies, first aid, photography, and related guiding and outfitting activities;

     (3) either
          (A) has passed the qualification examination prepared by the board under AS 08.54.600; or

          (B) provides evidence of 25 years of experience as a class-A assistant guide or class-A assistant guide-outfitter;

     (4) has passed a certification examination prepared by the board under AS 08.54.600 for at least one game management unit;

     (5) has legally hunted big game in the state for part of each of any five years in a manner directly contributing to the person’s experience and competency as a guide;

     (6) has been licensed as and performed the services of a class-A assistant guide or assistant guide, or of a class-A assistant guide-outfitter or assistant guide-outfitter under former AS 08.54.300 — 08.54.590, in the state for a part of each of three years;

     (7) is capable of performing the essential duties associated with guiding and outfitting;

     (8) has been favorably recommended in writing by eight big game hunters whose recommendations have been solicited by the department from a list provided by the applicant, including at least two favorable recommendations for each year of any three years during which the person was a class-A assistant guide or assistant guide, or a class-A assistant guide-outfitter or assistant guide-outfitter under former AS 08.54.300 — 08.54.590;

     (9) has provided proof of financial responsibility if required by the department under AS 08.54.680; and

     (10) has applied for a registered guide-outfitter license on a form provided by the department and paid the license application fee and the registered guide-outfitter license fee.

 (b) A master guide-outfitter license authorizes a registered guide-outfitter to use the title master guide-outfitter, but is for all other purposes under this chapter a registered guide-outfitter license. A natural person is entitled to receive a renewable master guide-outfitter license if the person
     (1) is, at the time of application for a master guide-outfitter license, licensed as a registered guide-outfitter under this section;

     (2) has been licensed in this state as a registered guide or a guide-outfitter, under former AS 08.54.010 — 08.54.240, former AS 08.54.300 — 08.54.590, or this chapter, for at least 12 of the last 15 years, including the year immediately preceding the year in which the person applies for a master guide-outfitter license;

     (3) submits a list to the department of at least 25 clients for whom the person has personally provided guiding or outfitting services and the person receives a favorable evaluation from 10 of the clients selected from the list by the department; and

     (4) applies for a master guide-outfitter license on a form provided by the department and pays the application fee, if any.

 (c) A registered guide-outfitter may contract to guide or outfit hunts for big game and may provide transportation services, personally or through an assistant, to big game hunters who are clients of the registered guide-outfitter.

 (d) Notwithstanding AS 08.54.750, a person who is licensed as a registered guide-outfitter may be employed by another registered guide-outfitter to provide the services of
     (1) a class-A assistant guide in a game management unit if the registered guide-outfitter providing the services of a class-A assistant guide is able to demonstrate, to the satisfaction of the board, adequate knowledge of and experience in the game management unit; and

     (2) an assistant guide in any game management unit.

 (e) A registered guide-outfitter who contracts for a guided hunt shall be primarily in the field supervising and participating in the contracted hunt. The contracting registered guide-outfitter shall also conduct the hunt, unless the hunt, under regulations adopted by the board, is being conducted by a class-A assistant guide or a registered guide-outfitter employed by the contracting registered guide-outfitter.




Sec. 08.54.620. Class-A assistant guide license.
 (a) A natural person is entitled to a class-A assistant guide license if the person
     (1) is 21 years of age or older;

     (2) applies for a class-A assistant guide license on a form provided by the department and pays the license application fee and the license fee;

     (3) possesses a current first aid card issued by the Red Cross or a similar organization; and

     (4) either
          (A) has
               (i) been employed during at least three calendar years as any class of licensed guide in the game management unit for which the license is sought; and

               (ii) at least 10 years’ hunting experience in the state; military service outside of the state for not more than three years shall be accepted as part of the required 10 years’ hunting experience;

          (B) provides
               (i) evidence that the person physically resides in the game management unit in which the person is to be employed;

               (ii) evidence that the person has had at least 15 years’ hunting experience in the game management unit in which the person is to be employed; military service outside of the state for not more than three years shall be accepted as part of the required 15 years’ hunting experience; and

               (iii) a written recommendation from a registered guide-outfitter who intends to employ the person as a class-A assistant guide; or

          (C) provides evidence that the person
               (i) physically resides in the game management unit in which the person is to be employed;

               (ii) has at least 10 years’ hunting experience in the state; military service outside of the state for not more than three years shall be accepted as part of the required 10 years’ hunting experience; and

               (iii) has passed a class-A assistant guide training course approved by the board.

 (b) A class-A assistant guide
     (1) may not contract to guide or outfit a big game hunt;

     (2) shall be employed by and under the supervision of a registered guide-outfitter who has contracted with the client for whom the class-A assistant guide is conducting the hunt;

     (3) may take charge of a camp and provide guide services from the camp without the contracting registered guide-outfitter being in the field and participating in the contracted hunt if the contracting registered guide-outfitter is supervising the guiding activities;

     (4) may not perform functions of a class-A assistant guide outside of the game management unit for which the license is issued; and

     (5) may be employed by a registered guide-outfitter to perform the functions of an assistant guide in any game management unit.




Sec. 08.54.630. Assistant guide license.
 (a) A natural person is entitled to an assistant guide license if the person
     (1) is 18 years of age or older;

     (2) has legally hunted big game in the state during two calendar years;

     (3) possesses a first aid card issued by the Red Cross or a similar organization;

     (4) either
          (A) obtains a written recommendation from a registered guide-outfitter who intends to employ the person as an assistant guide; or

          (B) provides evidence that the person passed an assistant guide training course approved by the board; and

     (5) applies for an assistant guide license on a form provided by the department and pays the license application fee and the license fee.

 (b) An assistant guide
     (1) may not contract to guide or outfit a big game hunt;

     (2) shall be employed by a registered guide-outfitter and under the supervision of a registered guide-outfitter or class-A assistant guide while the assistant guide is in the field on guided hunts; and

     (3) may not take charge of a camp or provide guide services unless the contracting registered guide-outfitter is in the field and participating in the contracted hunt or a registered guide-outfitter or class-A assistant guide employed by the contracting guide is physically present and supervising the hunt.




Sec. 08.54.635. Delegation of services; training.
 (a) A registered guide-outfitter who contracts to guide a big game hunt may, under regulations adopted by the board, delegate to a person not licensed under this chapter the services of
     (1) packing, preparing, salvaging, or caring for a client’s meat;

     (2) packing trophies; and

     (3) packing camping equipment.

 (b) For training purposes established by the board in regulation, a person who is not licensed under this chapter may assist in providing the guide services of field preparation of trophies, stalking, pursuing, tracking, killing, or attempting to kill big game, and using guiding or outfitting equipment, including spotting scopes and firearms, for the benefit of a hunter. An unlicensed person may only assist in providing a guide service under this subsection if a licensed registered guide-outfitter, class-A assistant guide, or assistant guide is physically present and the class-A assistant guide or assistant guide is employed by and under the supervision of the registered guide-outfitter who contracted for the big game hunt.

 (c) A person who does not hold a license issued under this chapter may provide or assist in providing the services identified under this section only if the person meets requirements adopted by the board. A person who provides or assists in providing guide services under this section may receive compensation for providing the services.




Sec. 08.54.640. Law enforcement officers and game biologists.
 (a) Notwithstanding AS 08.54.610 — 08.54.630 and except as provided in (b) of this section, a person may not hold, or earn experience credits to apply for, a registered guide-outfitter license under this chapter, while the person is a law enforcement officer and for three months after terminating the person’s status as a law enforcement officer.

 (b) A registered guide-outfitter license, class-A assistant guide license, or assistant guide license issued under this chapter, or under former provisions of AS 08.54.300 — 08.54.590, after May 16, 1992, is suspended if the person to whom the license is issued subsequently becomes a law enforcement officer. A person whose license is subject to suspension under this subsection shall notify the department that the person has become a law enforcement officer within 30 days after becoming a law enforcement officer. The suspension of a license under this subsection remains in effect until three months have elapsed from the date on which the licensee provides written notification to the department of the fact that the person is no longer a law enforcement officer. A person whose license is suspended under this subsection is not required to renew the license or pay license renewal fees for the period of suspension. Once a suspension of a license is terminated, the licensee may provide, without further payment of a guide license fee, the guide services authorized by the license for the remainder of the licensing period in which the suspension is terminated. Notwithstanding other provisions of this subsection, if a person whose license is suspended under this subsection fails to notify the department within one year after the person is no longer a law enforcement officer, the person’s license lapses and the person is eligible for reissuance of the license only as provided in AS 08.54.670. The board may adopt regulations to implement this subsection.

 (c) A person who holds any class of guide license and who is employed by the Department of Fish and Game or a federal wildlife management agency may not, while employed by the department or agency as a game or wildlife biologist and for 12 months after leaving employment with the department or agency as a game or wildlife biologist, engage in providing big game hunting services in a game management unit in which the person conducted game or wildlife management or research activities for the department or agency at any time during the preceding 12 months.

 (d) In this section, “law enforcement officer” means a person who is
     (1) employed by the Department of Public Safety as a state trooper or as a law enforcement officer engaged in fish and wildlife protection; or

     (2) employed as a fish and wildlife law enforcement officer by the United States Department of the Interior or the United States Department of Agriculture.




Sec. 08.54.650. Transporter license.
 (a) A person is entitled to a transporter license if the person
     (1) applies for a transporter license on a form provided by the department; and

     (2) pays the license application fee and the license fee.

 (b) A transporter may provide transportation services and accommodations to big game hunters in the field at a permanent lodge, house, or cabin owned by the transporter or on a boat with permanent living quarters located on salt water. A transporter may not provide big game hunting services without holding the appropriate license.

 (c) A transporter shall provide an annual activity report on a form provided by the department. An activity report must contain all information required by the board by regulation.




Sec. 08.54.660. Renewal of guide and transporter licenses.
 (a) An applicant for renewal of a registered guide-outfitter, class-A assistant guide, assistant guide, or transporter license shall submit
     (1) a request for renewal of the license on a form provided by the department; and

     (2) the appropriate license fee for the next licensing period.

 (b) The department may not renew a registered guide-outfitter license under this section unless all fees have been paid in full and the registered guide-outfitter has signed an affidavit that all hunt records due during the term of the current license have been filed with the department.

 (c) The department may not renew a transporter license unless all fees have been paid in full and the transporter has signed an affidavit that all activity reports due during the term of the current license have been filed with the department.




Sec. 08.54.670. Failure to renew.
The department may not issue a license to a person who held a registered guide-outfitter, class-A assistant guide, or assistant guide license and who has failed to renew the license under this chapter for four consecutive years unless the person again meets the qualifications for initial issuance of the license.


Sec. 08.54.680. Financial responsibility and other requirements for guides and transporters.
 (a) The department may require a registered guide, who contracts to guide or outfit a big game hunt, or a transporter to provide proof of financial responsibility up to the amount of $100,000. A registered guide or transporter may demonstrate financial responsibility by assets, insurance, or a bond in the requisite amount.

 (b) If a registered guide-outfitter, class-A assistant guide, or assistant guide personally pilots an aircraft to transport clients during the provision of big game hunting services, the registered guide-outfitter, class-A assistant guide, or assistant guide shall have a commercial pilot’s rating or a minimum of 500 hours of flying time in the state.

 (c) On or after January 1, 2006, a registered guide-outfitter may not provide big game hunting services and a transporter may not provide transportation services unless the registered guide-outfitter or transporter has entered into a written contract with the client for the provision of those services. A contract to provide big game hunting services must include at least the following information: the name and guide license number of the registered guide-outfitter, the name of the client, a listing of the big game to be hunted, the approximate time and dates that the client will be in the field, a statement as to what transportation is provided by the registered guide-outfitter, a statement as to whether accommodations and meals in the field are provided by the registered guide-outfitter, and a statement of the amount to be paid for the big game hunting services provided. A contract to provide transportation services must include at least the following information: the name and transporter license number of the transporter, the name of the client, a listing of the big game to be hunted, the approximate time and dates that the client will be in the field, and a statement of the amount to be paid for the transportation services provided. A registered guide-outfitter or transporter shall provide a copy of contracts to provide big game hunting services or transportation services, as appropriate, to the department upon the request of the department. Except as necessary for disciplinary proceedings conducted by the board and as necessary for law enforcement purposes by the Department of Public Safety and the Department of Law, a copy of a contract provided to the department is confidential. The department may provide a copy of contracts in the possession of the department to the Department of Fish and Game or the Department of Natural Resources upon the request of that department if the department receiving the copy agrees to maintain the confidentiality of the contracts.




Article 2. Enforcement.


Sec. 08.54.710. Discipline of guides and transporters.
 (a) The board may impose a disciplinary sanction in a timely manner under (c) of this section if the board finds that a licensee
     (1) is convicted of a violation of any state or federal statute or regulation relating to hunting or to provision of big game hunting services or transportation services;

     (2) has failed to file records or reports required under this chapter;

     (3) has negligently misrepresented or omitted a material fact on an application for any class of guide license or a transporter license; or

     (4) has breached a contract to provide big game hunting services or transportation services to a client.

 (b) [Repealed, § 4 ch 49 SLA 2008.]
 (c) The board may impose the following disciplinary sanctions, singly or in combination:
     (1) permanently revoke a license;

     (2) suspend a license for a specified period;

     (3) censure or reprimand a licensee;

     (4) impose limitations or conditions on the professional practice of a licensee;

     (5) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;

     (6) impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation;

     (7) impose a civil fine not to exceed $5,000.

 (d) The board shall permanently revoke a transporter license or any class of guide license if the board finds after a hearing that the license was obtained through fraud, deceit, or misrepresentation.

 (e) The board shall suspend or permanently revoke a transporter license or any class of guide license without a hearing if the court orders the board to suspend or permanently revoke the license as a penalty for conviction of an unlawful act. If the board suspends or permanently revokes a license under this subsection, the board may not also impose an administrative disciplinary sanction of suspension or permanent revocation of the same license for the same offense for which the court ordered the suspension or permanent revocation under AS 08.54.720.

 (f) A certified copy of a judgment of conviction of a licensee for an offense is conclusive evidence of the commission of that offense in a disciplinary proceeding instituted against the licensee under this section based on that conviction, regardless of whether the conviction resulted from a plea of nolo contendere or the conviction is under appeal, unless the conviction is overturned on appeal.

 (g) A person whose license is suspended or revoked under this section may not engage in the provision of big game hunting services or transportation services during the period of license suspension or revocation.

 (h) If the board revokes a license under this section, the person whose license has been revoked shall immediately surrender the license to the department.

 (i) [Repealed, § 4 ch 49 SLA 2008.]
 (j) The board may suspend or permanently revoke a transporter license or any class of guide license if the board finds after a hearing that the licensee engaged in conduct involving unprofessionalism, moral turpitude, or gross immorality.




Sec. 08.54.720. Unlawful acts.
 (a) It is unlawful for a
     (1) person who is licensed under this chapter to knowingly fail to promptly report, unless a reasonable means of communication is not reasonably available, to the Department of Public Safety, and in no event later than 20 days, a violation of a state or federal wildlife or game, guiding, or transportation services statute or regulation that the person reasonably believes was committed by a client or an employee of the person;

     (2) person who is licensed under this chapter to intentionally obstruct or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who is not a client of the person;

     (3) class-A assistant guide or an assistant guide to knowingly guide a big game hunt except while employed and supervised by a registered guide-outfitter;

     (4) person who holds any class of guide license or transporter license to knowingly enter or remain on private, state, or federal land without prior authorization during the course of providing big game hunting services or transportation services;

     (5) registered guide-outfitter to knowingly engage in providing big game hunting services outside of
          (A) a game management unit for which the registered guide-outfitter is certified; or

          (B) a use area for which the registered guide-outfitter is registered under AS 08.54.750 unless the registration requirement for the area has been suspended by the Department of Fish and Game;

     (6) person to knowingly guide without having a current registered guide-outfitter, class-A assistant guide, or assistant guide license and a valid Alaska hunting license in actual possession;

     (7) registered guide-outfitter to knowingly fail to comply with AS 08.54.610(e);

     (8) person who is licensed under this chapter to knowingly
          (A) commit or aid in the commission of a violation of this chapter, a regulation adopted under this chapter, or a state or federal wildlife or game statute or regulation; or

          (B) permit the commission of a violation of this chapter, a regulation adopted under this chapter, or a state or federal wildlife or game statute or regulation that the person knows or reasonably believes is being or will be committed without
               (i) attempting to prevent it, short of using force; and

               (ii) reporting the violation;

     (9) person without a current registered guide-outfitter license to knowingly guide, advertise as a registered guide-outfitter, or represent to be a registered guide-outfitter, except as provided by AS 08.54.635;

     (10) person without a current master guide-outfitter license to knowingly advertise as, or represent to be, a master guide-outfitter;

     (11) person without a current registered guide-outfitter license to knowingly outfit a big game hunt, provide outfitting services, advertise as an outfitter of big game hunts, or represent to be an outfitter of big game hunts;

     (12) person to knowingly provide transportation services to big game hunters without holding a current registered guide-outfitter license or transporter license;

     (13) person without a current transporter license to knowingly advertise as, or represent to be, a transporter;

     (14) class-A assistant guide or an assistant guide to knowingly contract to guide or outfit a hunt;

     (15) person licensed under this chapter to knowingly violate a state statute or regulation prohibiting waste of a wild food animal or hunting on the same day airborne;

     (16) person to knowingly provide big game hunting services or transportation services during the period for which the person’s license to provide that service is suspended or revoked;

     (17) registered guide-outfitter, except in the defense of life or property, to knowingly personally take
          (A) big game while accompanying a client in the field; or

          (B) a species of big game if the registered guide-outfitter is under contract with a client to provide a guided hunt for that species of big game and the client is in the field;

     (18) person who is licensed as a registered guide-outfitter, a class-A assistant guide, or an assistant guide, except in the defense of life or property, to knowingly personally take big game while a client of the registered guide-outfitter by whom the person is employed is in the field unless the person is not participating in, supporting, or otherwise assisting in providing big game hunting services to a client of the registered guide-outfitter by whom the person is employed; or

     (19) person who is licensed as a transporter, or who provides transportation services under a transporter license, to knowingly accompany or remain in the field with a big game hunter who is a client of the person except as necessary to perform the specific duties of embarking or disembarking big game hunters, their equipment, or big game animals harvested by hunters; this paragraph does not apply to a person who holds both a transporter license and a registered guide-outfitter license issued under this chapter when the person has a contract to provide guiding services for the client.

 (b) In addition to a disciplinary sanction imposed under AS 08.54.710, a person who commits an offense set out in (a)(1) — (7), (17), (18), or (19) of this section is guilty of a misdemeanor and is punishable by a fine of not more than $10,000 or by imprisonment up to one year, or both.

 (c) In addition to a disciplinary sanction imposed under AS 08.54.710, a person who commits an offense set out in (a)(8) — (14) of this section is guilty of a misdemeanor and is punishable by a fine of not more than $30,000 or by imprisonment up to one year, or both.

 (d) In addition to a disciplinary sanction imposed under AS 08.54.710, a person who commits an offense set out in (a)(15) of this section is guilty,
     (1) for a first offense, of a misdemeanor and is punishable by a fine of not more than $30,000 or by imprisonment up to one year, or both;

     (2) for a second or subsequent offense, of a class C felony.

 (e) In addition to a disciplinary sanction imposed under AS 08.54.710, a person who violates (a)(16) of this section is guilty of a class C felony.

 (f) In addition to the penalties set out in (b) — (e) of this section and a disciplinary sanction imposed under AS 08.54.710,
     (1) the court may order the board to suspend the guide license or transporter license of a person who commits a misdemeanor offense set out in (a)(1), (3) — (5), (7), (8), (17), (18), or (19) of this section for a specified period of not more than three years;

     (2) the court shall order the board to suspend the guide license or transporter license of a person who commits a misdemeanor offense set out in (a)(2) or (9) — (14) of this section for a specified period of not less than one year and not more than five years;

     (3) the court shall order the board to suspend the guide license or transporter license for a specified period of not less than three years, or to permanently revoke the guide license or transporter license, of a person who commits an offense set out in (a)(15) or (16) of this section; and

     (4) all guns, fishing tackle, boats, aircraft, automobiles, or other vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a violation of (a) of this section may be seized by persons authorized to enforce this chapter and may be forfeited to the state as provided under AS 16.05.195.

 (g) Upon conviction of a person for committing an offense set out in (a) of this section, the execution of sentence may not be suspended and probation may not be granted except on the condition that the minimum term of imprisonment is served. Imposition of sentence may not be suspended.




Sec. 08.54.730. Injunction against unlawful action.
When, in the judgment of the board, a person has engaged in an act in violation of AS 08.54.620(b), 08.54.630(b), 08.54.650(b), 08.54.710(g), or 08.54.720(a) or the regulations adopted under these statutes, the board may apply to the appropriate court for an order enjoining the action. Upon a showing by the board that the person is engaging in the act, the court shall grant injunctive relief or other appropriate order without bond.


Sec. 08.54.740. Responsibility of guide or transporter for violations.
 (a) A registered guide-outfitter who contracts to guide or outfit a big game hunt is equally responsible under AS 08.54.710 for a violation of a state or federal wildlife or game or guiding statute or regulation committed by a person while the person provides guide services for the guide-outfitter under AS 08.54.635 or during the course of the person’s employment for the registered guide-outfitter.

 (b) A transporter who provides transportation services is equally responsible under AS 08.54.710 for a violation of a state or federal wildlife or game, guiding, or transportation services statute or regulation committed by a person while in the course of the person’s employment for the transporter.




Sec. 08.54.750. Use area registration.
 (a) At least 30 days before conducting big game hunting services within a guide use area, a registered guide-outfitter shall inform the department, in person or by registered mail on a registration form provided by the department, that the guide-outfitter will be conducting big game hunting services in the use area. A registered guide-outfitter may not withdraw or amend a guide use area registration during the calendar year in which the registration was submitted to the department.

 (b) A registered guide-outfitter may not register for, or conduct big game hunting services in,
     (1) more than three guide use areas during a calendar year; or

     (2) a guide use area that is outside of a game management unit for which the registered guide-outfitter is certified under AS 08.54.600.

 (c) Notwithstanding (a) and (b) of this section, a registered guide-outfitter may register to conduct big game hunting services within a guide use area at any time before beginning operations in the guide use area and may conduct big game hunting services in a guide use area, or for a big game species in a guide use area, that is not one of the three guide use areas for which the registered guide-outfitter has registered under (b) of this section if the Department of Fish and Game has determined by regulation that it is in the public interest to suspend the registration requirements for that guide use area or for all guide use areas in a game management unit or game management subunit for a big game species within those guide use areas.

 (d) Notwithstanding (b) of this section, a registered guide-outfitter who is registered in three guide use areas may also register for and conduct big game hunting services in a portion of one additional guide use area on federal land adjacent to a guide use area in which the registered guide-outfitter is already registered if the board finds that the portion of the adjacent guide use area for which the registered guide-outfitter is seeking to be registered would otherwise remain unused by a registered guide-outfitter because the boundaries of guide use areas do not coincide with boundaries of federal big game guide concession or permit areas.

 (e) Notwithstanding (b) of this section, a registered guide-outfitter who is registered in three guide use areas may also register for and conduct big game hunting services for wolf, black bear, brown bear, or grizzly bear in guide use areas within a game management unit or portion of a game management unit where the Board of Game has identified predation by wolf, black bear, brown bear, or grizzly bear as a cause of the depletion of a big game prey population or a reduction of the productivity of a big game prey population that is the basis for the establishment of an intensive management program in the game management unit or portion of the game management unit or for the declaration of the biological emergency in the game management unit or portion of the game management unit. A registered guide-outfitter may only conduct hunts in a guide use area under this subsection for the big game species identified by the Board of Game as the cause of the depletion or reduction of productivity of a big game prey population.

 (f) At least 60 days before providing transportation services to, from, or in an area as may be determined by the board, a transporter shall inform the department, in person or by registered mail on a registration form provided by the department, that the transporter will be providing transportation services to, from, or in the use area. The board may establish transporter use areas and adopt regulations to implement this subsection as the board considers necessary.

 (g) In this section, “guide use area” means a geographic area of the state identified as a guide-outfitter use area by the former Big Game Commercial Services Board established under former AS 08.54.300 and described on a set of maps titled Guide-Outfitter Use Area Maps, dated June 22, 1994, as amended by the board as the board considers necessary.




Sec. 08.54.760. Hunt records; confidentiality of hunt records and activity reports.
 (a) The department shall collect and maintain hunt records provided by a registered guide-outfitter. A registered guide-outfitter shall submit to the department a hunt record for each contracted hunt within 60 days after the completion of the hunt. A hunt record must include a list of all big game hunters who used the guiding or outfitting services of the registered guide-outfitter, the number of each big game species taken, and other information required by the board. The department shall provide forms for reporting hunt records.

 (b) The department shall make hunt records received under this section, and activity reports received under AS 08.54.650, available to state agencies, federal law enforcement agencies, and other law enforcement agencies if requested. Aggregated data compiled from hunt records and activity reports may be included in reports by the department. For all other purposes, the hunt records and activity reports are confidential and are not subject to inspection or copying under AS 40.25.110 — 40.25.125.

 (c) Forms, records, and reports required under this chapter may be distributed, received, and stored electronically.




Sec. 08.54.770. License and examination fees.
 (a) The department shall set fees under AS 08.01.065 for each of the following:
     (1) registered guide-outfitter license;

     (2) class-A assistant guide license;

     (3) assistant guide license;

     (4) transporter license;

     (5) retired status license;

     (6) license application fee.

 (b) The license fee for the registered guide-outfitter, class-A assistant guide, or assistant guide license is in addition to the fee required for a hunting license issued by the Department of Fish and Game under AS 16.05.340.

 (c) An applicant for a qualifying examination for a registered guide-outfitter license shall pay a fee established by regulations adopted under AS 08.01.065.

 (d) The fee for the transporter license must be equal to the fee for the registered guide-outfitter license.

 (e) The amount of the license fee for a nonresident shall be two times the amount of the license fee for a resident.




Sec. 08.54.785. Chapter not applicable.
The provisions of this chapter do not apply to a person providing, for compensation or with the intent to receive compensation, only accommodations to a big game hunter in the field at
     (1) a permanent lodge, house, or cabin on private land owned by the person; or

     (2) a state or federal cabin on state or federal land.




Sec. 08.54.790. Definitions.
In this chapter,
     (1) “any class of guide license” does not include a retired status license issued under AS 08.54.608;

     (2) “big game” means brown bear, grizzly bear, caribou, moose, black bear, bison, Sitka blacktail deer, elk, mountain goat, musk ox, and mountain or Dall sheep; “big game” includes wolf and wolverine when taken under hunting regulations;

     (3) “big game hunting service” means a service for which the provider of the service must obtain a registered guide-outfitter, class-A assistant guide, or assistant guide license; “big game hunting service” includes guiding services and outfitting services;

     (4) “board” means the Big Game Commercial Services Board;

     (5) “compensation” means payment for services including wages or other remuneration but not including reimbursement for actual expenses incurred;

     (6) “department” means the Department of Commerce, Community, and Economic Development;

     (7) “field” means an area outside of established year-round dwellings, businesses, or other developments associated with a city, town, or village; “field” does not include permanent hotels or roadhouses on the state road system or state or federally maintained airports;

     (8) “game management unit” means one of the 26 geographic areas defined by the Board of Game for game management purposes;

     (9) “guide” means to provide, for compensation or with the intent or with an agreement to receive compensation, services, equipment, or facilities to a big game hunter in the field by a person who accompanies or is present with the big game hunter in the field either personally or through an assistant; in this paragraph, “services” includes
          (A) contracting to guide or outfit big game hunts;

          (B) stalking, pursuing, tracking, killing, or attempting to kill big game;

          (C) packing, preparing, salvaging, or caring for meat, except that which is required to properly and safely load the meat on the mode of transportation being used by a transporter;

          (D) field preparation of trophies, including skinning and caping;

          (E) selling, leasing, or renting goods when the transaction occurs in the field;

          (F) using guiding or outfitting equipment, including spotting scopes and firearms, for the benefit of a hunter; and

          (G) providing camping or hunting equipment or supplies that are already located in the field;

     (10) “licensee” means a person to whom a license, other than a retired status license, has been issued under this chapter;

     (11) “outfit” means to provide, for compensation or with the intent to receive compensation, services, supplies, or facilities, excluding the provision of accommodations by a person described in AS 08.54.785, to a big game hunter in the field, by a person who neither accompanies nor is present with the big game hunter in the field either personally or by an assistant;

     (12) “transportation services” means the carriage for compensation of big game hunters, their equipment, or big game animals harvested by hunters to, from, or in the field; “transportation services” does not include the carriage by aircraft of big game hunters, their equipment, or big game animals harvested by hunters
          (A) on nonstop flights between airports listed in the Alaska supplement to the Airmen’s Guide published by the Federal Aviation Administration; or

          (B) by an air taxi operator or air carrier for which the carriage of big game hunters, their equipment, or big game animals harvested by hunters is only an incidental portion of its business; in this subparagraph, “incidental” means transportation provided to a big game hunter by an air taxi operator or air carrier who does not
               (i) charge more than the usual tariff or charter rate for the carriage of big game hunters, their equipment, or big game animals harvested by hunters; or

               (ii) advertise transportation services or big game hunting services to the public; in this sub-subparagraph, “advertise” means soliciting big game hunters to be customers of an air taxi operator or air carrier for the purpose of providing air transportation to, from, or in the field through the use of print or electronic media, including advertising at trade shows, or the use of hunt broker services or other promotional services.




Chapter 55. Hearing Aid Dealers.

Sec. 08.55.010. Qualifications for license.
 (a) The department shall issue a license to act as a hearing aid dealer to an individual who
     (1) is 18 years of age or older;

     (2) applies on a form provided by the department;

     (3) has a high school diploma or the equivalent;

     (4) has a business license issued under AS 43.70.020;

     (5) furnishes evidence satisfactory to the department that the individual has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.55.130;

     (6) submits with the application a statement disclosing whether the applicant
          (A) has, during the five-year period immediately preceding the date of the application been convicted of a felony, or had a final judgment entered against the applicant in a civil action, if the felony or civil action involved fraud, embezzlement, or misappropriation of property;

          (B) is subject to an injunctive order that is currently in effect from a pending proceeding or action brought by a public agency;

          (C) is a defendant in a pending criminal or civil action relating to fraud, embezzlement, misappropriation of property, or the antitrust or trade regulation laws of the United States or a state;

          (D) has, during the five-year period immediately preceding the date of the application, been reorganized, had a debt adjustment, or has been adjudicated a bankrupt under bankruptcy proceedings due to insolvency or was a principal executive officer or general partner of a business that has been reorganized, had a debt adjustment, or has been adjudicated a bankrupt due to insolvency during the five-year period;

     (7) furnishes a description of each item in (6) of this subsection that the applicant disclosed as being applicable to the applicant.

 (b) An individual who is a physician or an audiologist may deal in hearing aids without being licensed under this chapter, but shall comply with AS 08.55.050, 08.55.070, 08.55.100, 08.55.110(a), 08.55.110(b)(3) and (c) — (h), and 08.55.130(7) — (13) when dealing in hearing aids.

 (c) If an individual licensed under this chapter has more than one place of business, the department shall, on request and payment of a fee, issue a duplicate license for each place of business of the individual.




Sec. 08.55.020. Renewal of license.
 (a) [Repealed, § 49 ch 94 SLA 1987.]
 (b) On or before the expiration of a license under this chapter, a licensee may apply for renewal of the license, and the department shall renew the license if the licensee pays the renewal fee, has a current business license to act as a hearing aid dealer under AS 43.70.020, and provides evidence satisfactory to the department that the individual has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.55.130.

 (c) [Repealed, § 49 ch 94 SLA 1987.]
 (d) The department may reinstate a lapsed license under (b) of this section if the license has not lapsed for more than two years and if the person pays a delinquency fee in addition to the renewal fee.




Sec. 08.55.030. Bond required.
 (a) Except as otherwise provided in this section, an applicant for a license under AS 08.55.010 shall at the time of applying for the license file with the department a surety bond in the amount of $5,000 running to the state and conditioned on the applicant’s promise to pay all
     (1) taxes and contributions due the state and political subdivisions of the state;

     (2) amounts that may be adjudged against the applicant by reason of negligently or improperly dealing in hearing aids or breaching a contract when dealing in hearing aids.

 (b) In lieu of the surety bond, the applicant may file with the department a cash deposit, a certificate of deposit payable to the state, or a negotiable security acceptable to the department, if the deposit, certificate of deposit, or security is in the amount specified for the bond.

 (c) The surety shall be maintained in effect while each of the hearing aid dealers for whom the surety is filed is licensed and for three years after each of the dealers ceases to be licensed. During this period, one form of surety may be substituted for another as long as a surety in the required amount is maintained at all times during the period. An action may not be commenced on or against the surety with regard to a particular hearing aid dealer later than three years after the dealer ceases to be licensed under this chapter. In this subsection, “surety” means the bond, cash deposit, certificate of deposit, or negotiable security required by this section.

 (d) An applicant for a license under this section who is an employee of a hearing aid dealer, acts as a hearing aid dealer in the employment, and does not act as a hearing aid dealer outside the employment, is not required to file the bond required by (a) of this section if the employer files with the department a surety bond in the amount of $10,000 that covers the employees of the hearing aid dealer, runs to the state, and is conditioned on the employer’s promise to pay all
     (1) taxes and contributions due the state and political subdivisions of the state;

     (2) amounts that may be adjudged against the employer or the employees by reason of the employees negligently or improperly dealing in hearing aids or breaching a contract when dealing in hearing aids.

 (e) The bond under (d) of this section may be used to satisfy the bonding requirement for the employer under (a) of this section if the bond is also conditioned on the employer’s promise to pay all amounts that may be adjudged against the employer by reason of the employer negligently or improperly dealing in hearing aids or breaching a contract when dealing in hearing aids.




Sec. 08.55.040. Fees.
The department shall set fees under AS 08.01.065 for each of the following:
     (1) application;

     (2) hearing aid dealer license;

     (3) renewal of license;

     (4) renewal delinquency;

     (5) duplicate license.




Sec. 08.55.050. Items to be provided by hearing aid dealer.
 (a) A hearing aid dealer shall give the following items to a consumer at the time the consumer contracts with the hearing aid dealer to buy or lease a hearing aid:
     (1) an instructional brochure that contains operating instructions, purchase privileges, and performance data for the hearing aid;

     (2) a statement of the dealer’s registration number;

     (3) a statement of the manufacturer’s specifications, make, model, and serial number for the hearing aid;

     (4) a clear statement of the full terms of the contract; and

     (5) a written statement indicating that the consumer may file a written complaint about a hearing aid or a hearing aid dealer with the department and giving the mailing address and location address of the department.

 (b) Before the sale of a used hearing aid, the hearing aid dealer shall clearly mark the receipt and the container for the hearing aid as “used” or “reconditioned,” whichever is applicable, and with the terms of a guarantee that the dealer provides.




Sec. 08.55.060. Prior medical evaluation.
 (a) A hearing aid dealer who is not a physician may not sell or lease a hearing aid unless the prospective user of the hearing aid presents to the hearing aid dealer a written statement signed by a physician stating that the physician has evaluated the prospective user’s hearing and that the prospective user is a candidate for a hearing aid.

 (b) The exam on which the physician bases the statement required in (a) of this section must have occurred within the six months immediately preceding the date when the prospective user presents the statement to the hearing aid dispenser.

 (c) If the prospective user is 18 years of age or older, the hearing aid dealer may afford the prospective user an opportunity to waive in writing the evaluation required by (a) of this section if the hearing aid dealer

 (1) informs the prospective user that the exercise of the waiver is not in the best interest of the prospective user’s health;

 (2) does not actively encourage the prospective user to waive the evaluation; and

 (3) affords the prospective user the opportunity to sign the following statement:


     I have been advised by (HEARING AID DEALER”S NAME) that it would be in my best interest if I had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing or leasing a hearing aid.          ______________________________________________________________ (PROSPECTIVE USER”S SIGNATURE)            (d) The hearing aid dealer shall retain the evaluation statement of the physician or the prospective user’s signed waiver statement for four years after the date of the sale of the hearing aid.




Sec. 08.55.070. Transmittal of hearing aid by mail.
If a hearing aid dealer mails a hearing aid to a customer, the dealer shall send the hearing aid by certified mail.


Sec. 08.55.080. Complaints.
 (a) A person may file a complaint with the department about a hearing aid or a hearing aid dealer within three years from the date of the cause of the complaint.

 (b) A hearing aid dealer shall prominently display in the business establishment of the dealer a sign indicating that a person may file a complaint with the department about a hearing aid or a hearing aid dealer and giving the mailing and location address of the department.




Sec. 08.55.100. Calibration requirements.
A hearing aid dealer shall maintain in conformity with the standards set by the American National Standard Institute the calibration of each audiometer used by the hearing aid dispenser, and shall keep a record of the results of the annual calibration of each audiometer used by the dealer.


Sec. 08.55.110. Cancellation option.
 (a) In addition to the cancellation allowed under AS 45.02.350, a person who has purchased or leased a hearing aid from a hearing aid dealer may cancel the sale or lease as provided under (b) of this section or by giving written notice of the intention to cancel the sale or lease to the dealer not later than 30 days following the later of (1) the date the person receives the hearing aid, or (2) the date the hearing aid dealer provides the person with the notice under (c) of this section. The person may use the notice received under (c) of this section to cancel the sale or lease by signing the form where indicated.

 (b) In addition to the other rights and remedies the purchaser or lessee of a hearing aid may have, the purchaser or lessee of a hearing aid has the right to cancel the sale or lease by giving written notice of the cancellation to the hearing aid dealer if
     (1) the hearing aid dealer is not a physician or an audiologist, and within 60 days from the receipt by the purchaser or lessee of the hearing aid or the notice to be provided under (c) of this section, whichever receipt is later, a physician or an audiologist advises the person in writing to cancel the sale or lease and specifies in writing the medical or audiological reason for the advice; or

     (2) the hearing aid dealer, if not a physician or audiologist, has violated a provision of this chapter in the sale or lease of the hearing aid to the person;

     (3) the hearing aid dealer who is a physician or audiologist has violated (a) or (c) — (h) of this section or AS 08.55.050, 08.55.070, 08.55.100, or 08.55.130(7) — (13) in the sale or lease of the hearing aid to the person.

 (c) A hearing aid dealer shall give a person who has purchased or leased a hearing aid from the dealer notice of the right to cancel the purchase or lease that is substantially identical to the following form with all of the information filled in except the signature and date lines for the purchaser or lessee:


     NOTICE OF RIGHT TO CANCEL          ___________________          Name of Hearing Aid Dealer          ___________________          Address of Hearing Aid Dealer          ___________________          Date of Sale or Lease     You may cancel this transaction within 30 days from the date you receive the hearing aid or this notice, whichever is later.You may also cancel this transaction within 60 days from the date you receive the hearing aid or this notice, whichever is later, if the hearing aid dealer is not a licensed physician or a licensed audiologist and if a licensed physician or a licensed audiologist advises you in writing to cancel this transaction.If you cancel this transaction, the property you traded in, the payments you made under the sale or lease (less certain costs allowed by state law) and any negotiable instrument executed by you will be returned within 20 days following receipt by the hearing aid dealer of your cancellation notice, and the hearing aid dealer will cancel any security interest arising out of the sale or lease.If you cancel, you must make available to the hearing aid dealer, in as good a condition as when received, less normal wear and tear, the goods delivered to you under this sale or lease, unless the dealer notifies you to keep the goods or to hold them until the dealer collects them.If the goods have been damaged, the hearing aid dealer may deduct from any refund due you the reasonable costs incurred in repairing the goods to make them suitable for resale. If the goods have been damaged beyond repair, you are liable for the full purchase price, even if you are just leasing the goods.If you make the goods available for the hearing aid dealer to collect after your cancellation, and within 20 days of receiving your cancellation the hearing aid dealer does not collect them from you or provide you with instructions for returning the goods by mail, you may retain or dispose of the goods without further obligation to the hearing aid dealer. If you fail to make the goods available for the hearing aid dealer to collect after your cancellation, then the sale or lease is not cancelled and you remain liable for performance of the obligations of the sale or lease.To cancel this transaction, mail (by certified mail, return receipt requested) or deliver a signed and dated copy of this notice or another written notice to (name of hearing aid dealer), at (address of hearing aid dealer”s place of business) and (hearing aid dealer”s telephone number) no later than midnight of (Date).I hereby cancel this transaction.(Date) ______________________________________(Purchaser”s or Lessee”s signature)I have read and understand the terms of cancellation of this purchase/lease.     ___________________          Purchaser”s or Lessee”s signature          ___________________          Date      (d) If a purchaser or lessee of a hearing aid cancels the purchase or lease under (a) or (b) of this section, the hearing aid dealer shall within 20 days of receipt of a notice of the cancellation
     (1) refund to the purchaser or lessee all deposits, including the down payment, less (A) 10 percent of the total purchase price for each 30 days that the purchaser or lessee had the hearing aid, to pay for the reasonable rental value of the hearing aid; (B) the reasonable price of ear molds or custom casings prepared for the purchaser or lessee; and (C) the reasonable costs actually incurred by the hearing aid dealer to make goods that were traded in by the purchaser or lessee ready for sale; the hearing aid dealer may retain the money allowed under this paragraph only up to the amount of a down payment made by the purchaser or lessee;

     (2) return to the purchaser or lessee all goods traded in to the hearing aid dealer as part of the sale or lease;

     (3) return to the purchaser or lessee a negotiable instrument signed by the purchaser or lessee; and

     (4) cancel a security interest taken by the hearing aid dealer for the purchase or lease.

 (e) If the hearing aid returned by the purchaser or lessee has been damaged, the hearing aid dealer may deduct from any refund due the purchaser or lessee the reasonable costs incurred in repairs necessary to make the hearing aid suitable for resale. If the hearing aid is damaged beyond repair, the purchaser or lessee is liable for the full purchase price.

 (f) The purchaser or lessee may retain or dispose of the hearing aid if within 20 days of receipt of the notice of cancellation, the hearing aid dealer fails
     (1) to collect the hearing aid from the purchaser or lessee; or

     (2) to provide the purchaser or lessee with instructions for returning the hearing aid by mail.

 (g) If a purchaser or lessee of a hearing aid fails to make the hearing aid available for the hearing aid dealer to collect, the purchaser or lessee remains liable for the purchase or lease.

 (h) To give written notice under this section, a person shall deliver the notice to the hearing aid dealer in person or to the place of business of the dealer, or mail the notice to the place of business of the dealer by certified mail, return receipt requested.




Sec. 08.55.120. Testing of hearing.
 (a) A hearing aid dealer may take threshold measurements to determine the need for a hearing aid, but may not perform diagnostic procedures to determine the cause of a hearing impairment or charge a fee for a hearing measurement.

 (b) A hearing aid dealer shall include in every printed advertisement for the services of the dealer the following statement bordered in black:Alaska law permits a hearing aid dealer who is not a licensed physician or a licensed audiologist to test hearing only for the purpose of selling or leasing hearing aids; the tests given by a hearing aid dealer are not to be used to diagnose the cause of a hearing impairment.




Sec. 08.55.130. Grounds for imposition of disciplinary sanctions.
After a hearing, the department may impose a disciplinary sanction on an individual licensed under this chapter when the department finds that the person
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the individual’s ability to continue to practice competently and safely;

     (5) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department;

     (6) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction to or severe dependency on alcohol or another drug that impairs the individual’s ability to practice safely;

          (C) physical or mental disability;

     (7) employed a person who did not have a valid current license to deal in hearing aids to perform work covered by this chapter;

     (8) failed or refused to honor a representation, promise, agreement, or warranty made by the person while dealing in hearing aids;

     (9) advertised a model, type, or kind of hearing aid for sale that the person does not sell;

     (10) failed to maintain a business address and telephone number at which the individual could normally be reached during regular business hours;

     (11) included in a contract or receipt for the purchase or lease of a hearing aid a confession of judgment or a waiver of a right of the consumer under this chapter;

     (12) used undue influence, coercion, or other wilful act or representation to interfere with the exercise by the consumer of the rights provided in this chapter;

     (13) negotiated, transferred, sold, or assigned a note or other evidence of indebtedness to a finance company or other third party within two months of delivering a hearing aid to a purchaser or lessee of the hearing aid by mail or in person;

     (14) permitted another person to use the licensee’s license;

     (15) dealt in hearing aids while suffering from a serious disease that was contagious or infectious.




Sec. 08.55.140. Disciplinary sanctions.
 (a) When it finds that a licensee has committed an act listed in AS 08.55.130, the department may impose the following sanctions singly or in combination:
     (1) permanently revoke a license to practice;

     (2) suspend a license for a determinate period of time;

     (3) censure a licensee;

     (4) issue a letter of reprimand;

     (5) place a licensee on probationary status and require the licensee to
          (A) report regularly to the department on matters involving the basis of probation;

          (B) limit practice to those areas prescribed;

          (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the department to need improvement;

     (6) impose limitations or conditions on the practice of a licensee.

 (b) The department may withdraw a limitation, condition, or probationary status if it finds that the deficiency that required the sanction has been remedied.

 (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public welfare and safety if the licensee continues to practice. A person whose license is suspended under this subsection is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) not later than seven days after the effective date of the order. The person may appeal the suspension after the hearing to the superior court.

 (d) The department may reinstate a license that has been suspended or revoked if the department finds after a hearing that the applicant is able to deal in hearing aids with reasonable skill and safety.




Sec. 08.55.150. Prohibited acts.
 (a) Unless a person is licensed under this chapter or is licensed as an audiologist under AS 08.11, the person may not
     (1) deal in hearing aids;

     (2) use a title indicating or representing that the person deals in hearing aids or is licensed to deal in hearing aids;

     (3) advertise that the person deals in hearing aids.

 (b) A person may not
     (1) sell, barter, or offer to sell or barter a license issued under this chapter;

     (2) purchase or obtain by barter a license issued under this chapter with the intent to use it as evidence of the holder’s qualification to deal in hearing aids;

     (3) materially alter a license issued under this chapter with fraudulent intent;

     (4) use or attempt to use as valid a license to deal in hearing aids that has been purchased, fraudulently obtained, counterfeited, or materially altered.




Sec. 08.55.160. Penalty.
A person who violates AS 08.55.150 is guilty of a class B misdemeanor.


Sec. 08.55.170. Notice of place of business.
A person who holds a license under this chapter shall notify the department in writing of the regular address of the place or places where the person deals or intends to deal in hearing aids.


Sec. 08.55.180. Administrative Procedure Act.
AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.


Sec. 08.55.200. Definitions.
In this chapter,
     (1) “audiologist” means an individual licensed as an audiologist under AS 08.11;

     (2) “dealing in hearing aids” means the sale or lease, or attempted sale or lease of hearing aids, and the recommendation, selection, fitting, or adaptation of hearing aids;

     (3) “department” means the Department of Commerce, Community, and Economic Development;

     (4) “hearing aid” means a prosthetic instrument or device designed for or represented as aiding, improving, or correcting defective human hearing and the parts, attachments, or accessories of the instrument or device; “hearing aid” does not include cochlear implants, middle-ear implants, vibro-tactile speech-reading aids, other aids for cued speech, or group or individual auditory training units and assistive devices;

     (5) “hearing aid dealer” means an individual licensed under AS 08.55.010;

     (6) “physician” means a person licensed as a physician under AS 08.64.




Chapter 56. Hotels and Boardinghouses.

Sec. 08.56.010. Registration of travelers.
The proprietors of roadhouses, hotels, or boardinghouses located outside of incorporated cities shall each keep a register containing the name and address of each guest with the date of arrival and departure.


Sec. 08.56.020. Effect of refusal to register.
A person who refuses to register may not be accepted as a guest or given accommodations.


Sec. 08.56.030. Penalty for noncompliance.
The proprietor of a roadhouse, hotel, or boardinghouse who fails to comply with this chapter is punishable by a fine of not less than $10 or more than $25, or by imprisonment for not more than 10 days, or by both.


Sec. 08.56.040. Disposition of fines.
All fines collected under this chapter shall be deposited in the general fund.


Sec. 08.56.050. Liability for valuables.
 (a) When the operator of a hotel or boardinghouse provides a safe or vault in which guests may deposit valuable property for safekeeping and notice of this fact is posted in three or more conspicuous places in the hotel or boardinghouse, the operator is not liable for the loss, damage, or destruction of property not deposited by a guest in the safe or vault.

 (b) An operator of a hotel or boardinghouse is not obligated to receive property on deposit for safekeeping as provided in (a) of this section that exceeds $1,000 in value. If property exceeding $1,000 in value is deposited in the hotel or boardinghouse safe or vault, the operator is not liable for its loss, damage, or destruction unless the operator enters into a written agreement with the guest who deposits the property. If the operator does contract with a guest for the safekeeping of property exceeding $1,000 in value, the operator is liable only if the property deposited is stolen or lost, damaged, or destroyed by the negligence of the operator or the operator’s agent.




Sec. 08.56.060. Baggage liability.
 (a) Except as provided in AS 08.56.050, the operator of a hotel or boardinghouse is not liable for the loss, damage, or destruction of property brought to or sent into the hotel or boardinghouse by a guest unless the loss, damage, or destruction was caused by negligence of the operator or the operator’s agent.

 (b) The operator of a hotel or boardinghouse may hold and store baggage or other property left behind or sent in advance for a period of four months after which time the operator may sell it at public auction as provided in AS 34.35.520. The proceeds of a sale, as provided in this section, shall be used to satisfy the hotel or boardinghouse operator’s lien, pay expenses of sale and any storage costs incurred. If the hotel or boardinghouse operator does not desire to sell baggage or other property which the operator possesses, the operator may have the property delivered to a storage or warehouse company for storage, in which case the operator’s liability for the safekeeping of the property terminates.




Sec. 08.56.070. Definitions.
In this chapter,
     (1) “guest” includes every person who is a member of the family of, or dependent upon, a guest, boarder, or lodger in a hotel or boardinghouse;

     (2) “hotel or boardinghouse” includes any building held out to the public to be an inn, motel, hotel, or public lodging house, or place where sleeping accommodations, whether with or without meals, are furnished for hire to transient guests;

     (3) “operator” includes innkeeper, proprietor, keeper, owner, lessee, or manager of a hotel or boardinghouse.




Article 1. Regulation of Junk Yards.


Chapter 60. Junk Yards and Scrap Metal Dealers.

Sec. 08.60.010. License required; violation of section a misdemeanor. [Repealed, § 3 ch 67 SLA 2014.]
Sec. 08.60.020. [Renumbered as AS 08.60.010.]
Sec. 08.60.030. Residence defined. [Repealed, § 26 ch 6 SLA 1984.]
Sec. 08.60.050. General prohibition.
A person may not establish, operate, or maintain a commercial or public junk yard without a certificate of location prescribed by AS 08.60.050 — 08.60.100.


Sec. 08.60.060. Certificate of location.
A person using or proposing to use a location for a commercial or public junk yard shall obtain a certificate of approval for the location. If the location is in a city of any class, the certificate shall be procured from the city council or its designee. If the location is outside the city limits but within the boundaries of an organized borough, the certificate shall be procured from the assembly of the organized borough or its designee. If the location is outside an incorporated city or borough, the certificate of location shall be obtained from the commissioner of public safety.


Sec. 08.60.070. Standards for location and regulation.
The commissioner of public safety, the city council, and organized borough assembly, in considering applications and regulations, shall take into account
     (1) the nature and development of surrounding property;

     (2) the need to protect the local economy, adjacent land owners, and the motoring public from economically depressing and unsightly roadside locations;

     (3) the proximity of churches, schools, hospitals, public buildings, recreation areas, or other places of public gathering;

     (4) the sufficiency in number of other similar business establishments in the vicinity;

     (5) the adequacy of fences and other types of enclosures to prevent the unsightly display of a junk yard;

     (6) the health, safety, and general welfare of the public;

     (7) the suitability of the applicant to establish, maintain, or operate the business under AS 08.60.050 — 08.60.100.




Sec. 08.60.080. Authorization to impose conditions for establishment, operation, and maintenance.
The commissioner of public safety or the cities or organized boroughs shall examine the location or proposed location of a junk yard and adopt reasonable regulations concerning the establishment, operation, and maintenance of businesses under the standards set out in AS 08.60.070. The regulations may require the erection, location, and size of fences or other structures surrounding the junk yard. Regulations pertaining to junk yards are subject to the provisions of AS 44.62 (Administrative Procedure Act).


Sec. 08.60.090. Penalty.
A person who operates, establishes, or maintains a junk yard in any location without procuring a certificate of approval is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for a term of not more than one year, or by both.


Sec. 08.60.100. Definitions.
In AS 08.60.050 — 08.60.100,
     (1) “junk” means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, rubber, and paper;

     (2) “junk yard” means a location where junk is gathered together and stored for a commercial or public purpose;

     (3) “person” means an individual and, where consistent with collective capacity, a committee, firm, partnership, company, corporation, club, governmental agency, organization, association, or other combination of individuals.




Article 2. Scrap Metal Dealer Record Requirements.


Sec. 08.60.200. Records required.
 (a) A scrap metal dealer shall maintain an accurate paper or electronic record of each in-person transaction in which the dealer purchases scrap metal for $100 or more from another person.

 (b) The record of a transaction must include
     (1) the date, time, location, and value of the scrap metal purchased;

     (2) the name of the dealer’s employee or agent handling the transaction;

     (3) the name, address, and telephone number of the person from whom the dealer purchased the scrap metal;

     (4) a description, including the license plate information, of a motor vehicle used to deliver the scrap metal to the dealer;

     (5) if the person who sells scrap metal to the dealer is an individual, the number of the individual’s driver’s license, the number of the individual’s government-issued identification document that contains a picture, or a copy of the individual’s government-issued identification document that contains a picture;

     (6) if the person who sells scrap metal to the dealer is an organization, the number of the person’s state business license issued under AS 43.70.020;

     (7) a description, including weight and quantity, of the scrap metal purchased by the dealer; the scrap metal dealer shall determine the weight by using a scale that complies with the state standards of weight and measure established under AS 45.75; and

     (8) the signed statement required by AS 08.60.210.




Sec. 08.60.210. Signed statement.
A scrap metal dealer shall require a person from whom the dealer is purchasing scrap metal for $100 or more to sign a written or electronic statement that the scrap metal is not stolen property. The person shall date the statement, and the scrap metal dealer, or the dealer’s employee or agent, shall witness the person signing.


Sec. 08.60.220. Inspection availability.
A dealer shall make the records required by AS 08.60.200 and 08.60.210 available for inspection by a law enforcement officer during the dealer’s regular hours of business or at reasonable times if the dealer does not keep regular hours of business.


Sec. 08.60.230. Retention of records.
A dealer shall maintain the records of a transaction required by AS 08.60.200 and 08.60.210 for five years after the date of the transaction.


Sec. 08.60.240. Exemptions.
The requirements of AS 08.60.200 and 08.60.210 do not apply to a person’s transactions with a dealer if the person maintains on file with the dealer the name, address, and telephone number of the person, and a taxpayer identification number issued by the federal Internal Revenue Service or a valid government-issued photo identification card.


Sec. 08.60.250. Criminal penalties.
A dealer who knowingly fails to comply with AS 08.60.200 or 08.60.210 or a person who knowingly makes a false entry for a record required under AS 08.60.200 or 08.60.210 is guilty of a class A misdemeanor. In this section, “knowingly” has the meaning given in AS 11.81.900.


Sec. 08.60.290. Definitions.
In AS 08.60.200 — 08.60.290, unless the context requires otherwise,
     (1) “dealer” means a scrap metal dealer;

     (2) “record” means a record required by AS 08.60.200 or 08.60.210;

     (3) “scrap metal” means used, discarded, or previously owned brass, copper, bronze, aluminum, lead, stainless steel, catalytic converter material, or other metal; in this paragraph, “metal” does not include ferrous metal, beverage containers, gold, silver, or platinum;

     (4) “scrap metal dealer” means a person who purchases scrap metal for the purpose of resale or processing;

     (5) “transaction” means the purchase of scrap metal by a scrap metal dealer from another person.




Chapter 61. Massage Therapists.

Sec. 08.61.010. Board established.
The Board of Massage Therapists is established in the department. The board consists of five members appointed by the governor as follows:
     (1) four licensed massage therapists who have been engaged in the practice of massage therapy in the state for the three years immediately preceding appointment and who shall remain actively engaged in the practice of massage therapy while serving on the board; not more than one member appointed under this paragraph may have an ownership or partnership interest in a massage school; and

     (2) one public member; the governor may not appoint as a public member
          (A) a licensed health care provider;

          (B) an employee of the state; or

          (C) a current or former member of another occupational licensing board established under AS 08.




Sec. 08.61.020. Duties and powers of board.
In addition to the duties specified in AS 08.01, the board shall
     (1) provide for the examination of applicants by the board or through a nationally recognized competency examination approved by the board and issue licenses to applicants the board finds qualified;

     (2) adopt regulations governing
          (A) licensing of massage therapists; and

          (B) the practice of massage therapy;

     (3) establish standards of professional competence and ethical conduct for massage therapists;

     (4) establish standards for continuing education for massage therapists; standards adopted by the board under this paragraph must allow for approval of Internet-based continuing education courses;

     (5) make available to the public a list of massage therapists licensed under this chapter;

     (6) determine which states have educational and licensing requirements equivalent to the requirements of this state;

     (7) enforce the provisions of this chapter and adopt and enforce regulations necessary to implement this chapter; and

     (8) approve one or more nationally recognized competency examinations and publish and periodically update the list of approved examinations.




Sec. 08.61.030. Qualifications for license.
The board shall issue a license to practice massage therapy to a person who
     (1) applies on a form provided by the department;

     (2) pays the fees established under AS 08.61.090;

     (3) furnishes evidence satisfactory to the board that the person has completed a
          (A) course of study of at least 500 hours of in-class supervised instruction and clinical work from an approved massage school; or

          (B) board-approved apprenticeship program;

     (4) is 18 years of age or older;

     (5) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;

     (6) has a current cardiopulmonary resuscitation certification;

     (7) has received at least four hours of safety education covering bloodborne pathogens and universal precautions in the two years preceding the application for the license; in this paragraph, “bloodborne pathogens” has the meaning given in AS 18.15.450;

     (8) has successfully completed a nationally recognized competency examination approved by the board; and

     (9) has not been convicted of, or pled guilty or no contest to, a crime involving moral turpitude, or who has been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person’s ability to practice competently and safely.




Sec. 08.61.040. Licensure by credentials.
The board shall issue a license to practice massage therapy to a person who
     (1) is 18 years of age or older;

     (2) applies on a form provided by the department;

     (3) pays the fees established under AS 08.61.090;

     (4) has submitted the person’s fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;

     (5) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority in this state or another jurisdiction;

     (6) has not had a certificate or license to practice massage therapy revoked, suspended, or voluntarily surrendered in this state or another jurisdiction;

     (7) has not been convicted of, or pled guilty or no contest to, a crime involving moral turpitude, or has been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person’s ability to practice competently and safely;

     (8) has a current cardiopulmonary resuscitation certification; and

     (9) is currently
          (A) licensed to practice massage therapy in another state or country that has licensing requirements that are substantially equal to or greater than the requirements of this state; or

          (B) certified by a certification entity approved by the board.




Sec. 08.61.050. Standards for license renewal.
The board shall renew a license issued under this chapter to a licensee who
     (1) pays the required fee;

     (2) meets the continuing education requirements established by the board;

     (3) has not been convicted of, or pled guilty or no contest to, a crime involving moral turpitude, or has been convicted of, or pled guilty to or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person’s ability to practice competently and safely;

     (4) has a current cardiopulmonary resuscitation certification; and

     (5) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400.




Sec. 08.61.060. Grounds for imposition of disciplinary sanctions.
After a hearing, the board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter if the board finds that the person
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing massage therapy services or engaging in massage therapy;

     (3) advertised massage therapy services in a false or misleading manner;

     (4) has been convicted of a felony or another crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) intentionally or negligently engaged in, or permitted a person under the licensed massage therapist’s supervision to engage in, client care that did not conform to minimum professional standards, whether or not actual injury to the client occurred;

     (6) failed to comply with a provision of this chapter, a regulation adopted under this chapter, or an order of the board;

     (7) continued to practice after becoming unfit because of
          (A) professional incompetence; or

          (B) addiction or severe dependency on alcohol or another drug that impairs the ability to practice safely; or

     (8) engaged in unethical conduct or sexual misconduct in connection with the delivery of massage therapy services to a client.




Sec. 08.61.070. Practice of massage therapy without license prohibited.
 (a) A person may not practice massage therapy or represent that the person is a massage therapist unless the person holds a valid license under this chapter. In this subsection, a person represents that the person is a massage therapist when the person adopts or uses a title or description of services that incorporates one or more of the following terms or designations: massage, massage practitioner, massage therapist, massage therapy, therapeutic massage, massage technician, massage technology, massagist, masseur, masseuse, myotherapist, myotherapy, or another term describing a traditional European or contemporary western massage method, or a derivation of a term that implies a massage technique or method.

 (b) A person who knowingly violates (a) of this section is guilty of a class B misdemeanor.




Sec. 08.61.080. Exceptions to application of chapter.
This chapter does not apply to a
     (1) person licensed in the state under a statute outside this chapter who performs massage therapy within the scope of practice for which the person’s license was issued;

     (2) person who, while acting in an official capacity as an employee of the United States government, performs massage therapy;

     (3) person who is licensed, registered, or certified in another state, territory, the District of Columbia, or a foreign country while the person is temporarily
          (A) practicing massage therapy in this state in connection with teaching a course related to massage therapy; or

          (B) consulting with a person licensed under this chapter;

     (4) student enrolled in an approved massage school or course of study who is completing a clinical requirement for graduation under the general supervision of a person licensed under this chapter if the student is clearly identified as a student while performing massage therapy services on members of the public and is not compensated for the massage therapy services;

     (5) person only performing massage therapy on members of the person’s family;

     (6) person only performing techniques that do not involve contact with the body of another person;

     (7) person only performing techniques that involve resting the hands on the surface of the body of another person without delivering pressure to or manipulating the person’s soft tissues;

     (8) person only performing services such as herbal body wraps, skin exfoliation treatments, or the topical application of products to the skin for beautification purposes when the services do not involve direct manipulation of the soft tissues of the body;

     (9) person only performing massage therapy for the athletic department of an institution maintained by public funds of the state or a political subdivision of the state or only practicing massage therapy for the athletic department of a school or college approved by the board using recognized national professional standards;

     (10) person engaged only in the practice of structural integration for restoring postural balance and functional ease by integrating the body in gravity using a system of fascial manipulation and awareness who has graduated from a program or is a current member of an organization recognized by the International Association of Structural Integrators, including the Rolf Institute of Structural Integration;

     (11) person using only light touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement or to affect the energy systems;

     (12) person performing only the traditional practices of Native American traditional healers;

     (13) person practicing only the manipulation of the soft tissues of the hands, feet, or ears and not holding out to be a massage therapist.




Sec. 08.61.090. Fees.
The department shall set fees under AS 08.01.065 for application, license issuance, license renewal, and investigation under this chapter.


Sec. 08.61.100. Definitions.
In this chapter,
     (1) “approved massage school” means a massage therapy school or program that
          (A) has an authorization to operate from the Alaska Commission on Postsecondary Education or a similar entity in another state; or

          (B) is accredited by a nationally recognized accrediting agency;

     (2) “board” means the Board of Massage Therapists;

     (3) “department” means the Department of Commerce, Community, and Economic Development;

     (4) “massage therapist” means a person licensed under this chapter;

     (5) “practice of massage therapy” means the provision, for compensation, of a service involving the systematic manipulation and treatment of the soft tissues, including the muscular and connective tissues of the human body, to enhance the functions of those tissues and promote relaxation and well-being; in this paragraph, “manipulation and treatment”
          (A) includes manual techniques applied with the intent to physically affect local soft tissues, such as pressure, friction, stroking, percussion, kneading, vibration, muscular assessment by palpation, range of motion for purposes of demonstrating muscle exertion for muscle flexibility, nonspecific stretching, and application of superficial heat, cold, water, lubricants, or salts;

          (B) does not include diagnosis, the prescription of drugs or medicines, the practice of physical therapy, attempts to manipulate any articulation of the body or spine, or mobilization of these articulations by use of a thrusting force.




Article 1. Board of Marine Pilots.


Chapter 62. Marine Pilots.

Sec. 08.62.010. Creation and membership of board.
There is created the Board of Marine Pilots. It consists of two pilots licensed under this chapter who have been actively engaged in piloting on vessels subject to this chapter, two registered agents or managers of vessels subject to this chapter who are actively engaged in the procurement of pilotage services, two public members in accordance with AS 08.01.025, and the commissioner or the commissioner’s designee. Not more than one pilot and one registered agent or manager may be from any one pilotage region established by the board. Not more than one registered agent or manager may be employed by, be a contractor for, or hold a financial interest in the same marine industry business entity, including commonly owned, affiliated, or subsidiary business entities. All members of the board shall be residents of the state.


Sec. 08.62.020. Appointment and term of office.
The governor shall appoint the members of the board under AS 08.01.020.


Sec. 08.62.030. Meetings.
The board shall hold at least three regularly scheduled meetings each year. The board may hold special meetings at the call of the chair or at the request of a majority of the members of the board.


Sec. 08.62.040. Powers, duties, and limitations.
 (a) The board shall
     (1) provide for the maintenance of efficient and competent pilotage service on the inland and coastal water of and adjacent to the state to assure the protection of shipping, the safety of human life and property, and the protection of the marine environment;

     (2) consistent with the law, adopt regulations, subject to AS 44.62 (Administrative Procedure Act), establishing the qualifications of and required training for pilots and providing for the examination of pilots and the issuance of original or renewal pilot licenses to qualified persons;

     (3) keep a register of licensed pilots, licensed deputy pilots, and agents;

     (4) adopt regulations establishing
          (A) pilotage regions in the state;

          (B) the criteria for concurring in the amount of license, application, training, investigation, and audit fees proposed by the department under AS 08.01.065;

          (C) the criteria for recognizing pilot organizations under AS 08.62.175;

     (5) make available, upon request, copies of this chapter and the regulations adopted under this chapter;

     (6) review and approve the articles, bylaws, and rules of pilot organizations;

     (7) audit a pilot organization or an individual pilot as necessary to implement and enforce this chapter;

     (8) review and approve training programs conducted by pilot organizations; the board shall cooperate with the Department of Environmental Conservation in the review and approval of training programs for pilots of tank vessels;

     (9) establish and publish the dates of future license examinations; and

     (10) approve or disapprove rates for pilotage services as provided under AS 08.62.046.

 (b) The board may, by regulation, make any other provision for proper and safe pilotage upon the inland and coastal water of and adjacent to the state and for the efficient administration of this chapter, including establishing
     (1) different licensing criteria for a pilotage region if justified by regional differences in piloting;

     (2) a mandatory drug and alcohol testing program, including random tests, post-incident tests, and tests based upon reasonable cause, for pilots licensed under this chapter and for trainees and apprentices seeking a license or endorsement under this chapter; the board may delegate responsibility for administration of all or a portion of a testing program to pilot organizations;

     (3) criteria for trainee selection and for training programs conducted by pilot organizations;

     (4) standards under which a pilot may receive a license or an endorsement to a license to pilot vessels in more than one pilotage region under AS 08.62.080(b); and

     (5) procedures for the review of proposed rates by the board under AS 08.62.046.

 (c) The board may, for good cause, require a pilot licensed under this chapter to submit to a physical or mental examination to determine the pilot’s fitness to perform the duties of a pilot.

 (d) Notwithstanding the exemption from AS 45.50.562 — 45.50.596 granted to pilot organizations under AS 45.50.572(a), the board may not adopt a regulation or take other action resulting in anti-competitive activities that, if the board were subject to AS 45.50.562 — 45.50.596, would violate AS 45.50.562 — 45.50.596.

 (e) The board may delegate duties to the marine pilot coordinator as necessary to assist the board in administering and enforcing this chapter.

 (f) The board may impose a civil fine on the owner or operator of a pleasure craft of foreign registry who, in violation of this chapter, fails to employ a pilot licensed under this chapter or fails to comply with the pilotage requirement under AS 08.62.180(b). Notwithstanding AS 08.01.075, the amount of the civil penalty may not exceed $10,000 for each violation. Each entry into state water in violation of this chapter or AS 08.62.180(b) is a separate violation.




Sec. 08.62.045. Pilotage tariffs. [Repealed, § 35 ch 89 SLA 1991.]
Sec. 08.62.046. Rates for pilotage services.
 (a) A pilot organization recognized by the board shall adopt and publish rates for the provision of pilotage services. The pilot organization shall adopt rates for pilotage services as provided under this section. Notwithstanding this section, a pilot organization may enter into agreements with the master, owner, operator, or agent of a master, owner, or operator, of a vessel for the provision of pilotage services at rates of compensation that are different from the rates adopted under this section. Unless a pilot organization has an agreement with the master, owner, operator, or agent of a master, owner, or operator, of a vessel that sets rates for the provision of a pilotage service, the pilot organization may not charge a rate for the provision of the pilotage service to the vessel that is different from the rate adopted or established under this section.

 (b) If a pilot organization intends to adopt a new or revised rate for the provision of a pilotage service, the pilot organization shall, before October 15, send a notice of intent to adopt a rate for provision of the pilotage service to the board and to all registered agents and publish the notice on at least three days during a period of 14 consecutive days in a newspaper of general circulation in the state. The notice of intent to adopt a rate must include a copy of the proposed rate and the name and mailing address of the pilot organization that intends to adopt the rate. If no objection to the proposed rate is filed with the board under (c) of this section, the rate takes effect on January 1 of the year following the year in which the notice of the intent to adopt the rate was filed with the board.

 (c) The master, owner, operator, or agent of the master, owner, or operator, of a vessel required to employ a pilot under this chapter may object to the proposed rate for a specific pilotage service by filing a written notice of objection, containing the grounds for the objection and relevant evidence demonstrating that the rate is not reasonable, with the board within 60 days after the final date of publication of the proposed rate in a newspaper of general circulation. The pilot organization that proposed the rate has until 15 days after the close of the period for filing objections to the proposed rate to provide its written response to the notice of objection and relevant evidence demonstrating that the rate is reasonable. If the pilot organization does not respond to the notice of objection by the close of the 15-day period for response to the objection, the board may not take action on the proposed rate and the proposed rate does not take effect. If the pilot organization does respond to the notice of objection before the close of the response period, the board shall hold a hearing to determine whether the proposed rate is reasonable. If the board finds that the proposed rate is reasonable, the rate is approved and takes effect retroactive to January 1 of the calendar year in which the rate would have taken effect under (b) of this section if no objection had been filed. If the board finds that the proposed rate is not reasonable, the proposed rate is disapproved and does not take effect. In determining what constitutes a reasonable rate, the board shall consider the following factors:
     (1) current and historical rates charged for comparable pilotage services;

     (2) the actual time aboard the vessel, time engaged in preparing to provide the pilotage services, seasonal and weather conditions, and risks;

     (3) the reasonable expenses incurred in providing the pilotage services such as dispatch, transportation, overhead, and other associated expenses;

     (4) the financial effect of pilotage expenses on the owner of the vessel, except that this factor shall only be considered if the owner provides all financial information that the board determines is necessary to determine the financial effect;

     (5) the number of vessels and volume of pilotage services at issue in the dispute and the number of members of the pilot organization;

     (6) the effect of the determination on the income of affected pilots relative to prior years, taking into account changes in vessel tonnage and vessel traffic in the pilotage region from year-to-year;

     (7) prior determinations under this subsection; and

     (8) other factors the board considers relevant.

 (d) Pending the review and approval of the proposed rate for a specific pilotage service by the board under (c) of this section, the current rate then in effect for that pilotage service remains in effect until the board approves the proposed rate. If the proposed rate approved by the board is greater than the current rate, then the master, owner, or operator of the vessel or the vessel is liable for the payment of the additional amount owed for the provision of pilotage services during the pendency of the review by the board due to retroactive application of the approved rate under (c) of this section. If the proposed rate is less than the current rate, then the pilot organization is liable to the master, owner, or operator of the vessel or the vessel for reimbursement of the amount overpaid for the provision of pilotage services during the pendency of the review by the board due to the retroactive application of the approved rate under (c) of this section.

 (e) If the board finds under (c) of this section that a proposed rate is not reasonable, the pilot organization may propose a new rate for that pilotage service within 60 days after the decision of the board is issued by sending a notice of intent to adopt a rate for provision of the pilotage service to the board and to all registered agents and publishing the notice on at least three days during a period of 14 consecutive days in a newspaper of general circulation in the state. The notice of intent to adopt a rate must include a copy of the proposed rate and the name and mailing address of the pilot organization that intends to adopt the rate. If a timely objection to the proposed rate is not filed with the board under (c) of this section, the rate takes effect retroactive to January 1 of the same calendar year in which the initial rate proposed under (b) of this section would have taken effect if no objection had been filed. If a timely objection is filed, the provisions of (c) and (d) of this section apply to the proposed rate.

 (f) The board shall provide a schedule of rates adopted under this section to agents registered under AS 08.62.187.




Sec. 08.62.050. Marine pilot coordinator.
 (a) The department, with the approval of the board, may hire a marine pilot coordinator who is qualified to assist the board in administering and enforcing the provisions of this chapter. The coordinator is in the partially exempt service under AS 39.25.120.

 (b) The person who is hired as coordinator may not
     (1) be an active member of a pilot organization in the state;

     (2) work as a pilot while employed as the coordinator, except to the extent required by official duties; or

     (3) have a financial interest in a pilot organization or in a pilot vessel or other equipment used by a pilot organization.

 (c) In addition to other duties as may be assigned by the board, the marine pilot coordinator may review applications for examination and licensure to ascertain whether the applicant satisfies the applicable requirements.




Article 2. Licensing.


Sec. 08.62.080. License required; restrictions and conditions.
 (a) A person may not pilot a vessel subject to this chapter unless the person is licensed under this chapter and is a member of a pilot organization recognized by the board.

 (b) A pilot may not be licensed in more than one pilotage region at one time unless the commissioner determines that an actual or imminent shortage of licensed pilots exists in a pilotage region. If the commissioner makes the determination described in this subsection, the board may, after consultation with the recognized pilot organizations and registered agents in the affected pilotage region, issue temporary licenses for the affected pilotage region to pilots who already hold a license for another pilotage region. The board shall ensure that sufficient pilots are available to provide pilotage services in the affected pilotage region to all vessels required to employ a pilot under this chapter. A temporary license issued under this subsection is valid for a period of not more than one year.

 (c) A license issued under this chapter must identify the specific waterways and ports in each pilotage region in which a licensee is authorized by the board to pilot vessels. The board shall authorize a licensee to pilot vessels in a specific waterway or port in a pilotage region upon the licensee satisfying the training and other qualifying requirements required by the board to pilot vessels in that waterway or port.




Sec. 08.62.090. Application.
 (a) A person who desires to be licensed under this chapter shall apply in writing to the department.

 (b) The application shall provide the information and be made on a form prescribed by the department.

 (c) In order to be eligible to take the next scheduled examination, a person shall file the application with the board at least 60 days before the date of the examination.




Sec. 08.62.093. Qualifications for deputy marine pilot license.
 (a) The board shall issue a deputy marine pilot license for a marine pilotage region to a person who
     (1) is a citizen of the United States;

     (2) passes the written and oral examinations that may be required by the board;

     (3) has completed training requirements established by the board; and

     (4) satisfies (b) and (c) of this section.

 (b) A person who applies for a deputy marine pilot license under this chapter shall provide proof satisfactory to the board of the following experience:
     (1) one year of service as a master on ocean or coastwise vessels while holding a United States Coast Guard license as master of ocean steam or motor vessels of any gross tons;

     (2) two years of service as a master on United States Coast Guard inspected vessels of not less than 1,000 gross tons or tug and tow of not less than 1,600 combined gross tons while holding at least a United States Coast Guard license as master of steam or motor vessels of not more than 1,600 gross tons;

     (3) two years of service as a chief officer on ocean or coastwise vessels of not less than 1,600 gross tons while holding a United States Coast Guard license as master of ocean steam or motor vessels of any gross tons;

     (4) two years of service as commanding officer of United States commissioned vessels of not less than 1,600 gross tons and hold a United States Coast Guard license as master of ocean steam or motor vessels of any gross tons;

     (5) three years of experience as a member of a professional pilot’s organization, during which the person actively engaged in piloting while holding at least a United States Coast Guard license as a master of steam or motor vessels of not more than 1,600 gross tons; or

     (6) four years of experience gained in a board approved deputy marine pilot apprenticeship program in the pilotage region for which the deputy marine pilot license is sought and hold at least a United States Coast Guard license as master of steam or motor vessels of not more than 1,600 gross tons.

 (c) A person who applies for a deputy marine pilot license under this section shall possess an endorsement of first class pilotage on the person’s United States Coast Guard license without tonnage restrictions for the pilotage region for which the person seeks the deputy marine pilot license.

 (d) A person licensed as a deputy marine pilot under this section may, except as otherwise provided by the board, pilot vessels of 25,000 gross tons or less in a marine pilotage region for which the license is issued.

 (e) [Repealed, § 22 ch 74 SLA 1995.]




Sec. 08.62.097. Training programs for deputy marine pilot license.
 (a) The board shall establish standards for training programs for a deputy marine pilot license. The standards may include requirements for
     (1) supervised familiarization and training trips on vessels subject to this chapter;

     (2) supervised dockings, undockings, and tug assisted maneuvers;

     (3) special training or experience necessary to qualify for a deputy marine pilot license for a particular marine pilotage region;

     (4) completion of the training program within a specified period;

     (5) other training or experience that the board considers appropriate.

 (b) A person who supervises the training of persons who are seeking a deputy marine pilot license under this chapter shall
     (1) hold a marine pilot license issued under AS 08.62.100; however, if the board finds that there are no marine pilots licensed in a pilotage region who are available to supervise training under this section, the board may authorize a person who is licensed in that pilotage region as a deputy marine pilot to supervise the training of persons who are seeking a deputy marine pilot license in that pilotage region;

     (2) receive prior authorization from the board to supervise the training of those persons;

     (3) maintain a written log and evaluation on a form provided by the board of the training and progress of the person being supervised.




Sec. 08.62.100. Qualifications for a marine pilot license.
 (a) The board shall issue a marine pilot license for a marine pilotage region to a person who
     (1) is a citizen of the United States;

     (2) passes examinations that may be required by the board;

     (3) has three years experience as a deputy marine pilot licensed under this chapter; and

     (4) satisfies additional requirements as may be required by the board by regulation.

 (b) Notwithstanding (a) of this section, a person who holds a marine pilot license of any type on the day before July 2, 1991 shall, subject to continued eligibility for the license under this chapter and regulations adopted under this chapter, receive a renewable marine pilot license of the same type and subject to the same qualifications and endorsements as that which the person held on July 1, 1991. A person who receives a license under this subsection may change the type of marine pilot license and the qualifications and endorsements attached to the license in accordance with regulations adopted by the board.




Sec. 08.62.110. Previous licensure. [Repealed, § 27 ch 6 SLA 1984.]
Sec. 08.62.120. Renewal of licenses.
 (a) In order to renew a marine pilot license, a person who is licensed under AS 08.62.100 shall
     (1) submit an application for renewal of the license on a form provided by the department;

     (2) submit proof of continued qualification under AS 08.62.100 to receive a marine pilot license;

     (3) provide evidence of satisfactory completion of a physical examination by a licensed physician within 60 days before the date of renewal of the license;

     (4) submit proof satisfactory to the board that the person has
          (A) engaged in piloting vessels subject to this chapter in the marine pilotage region for which the license is to be renewed during at least 120 days in the licensing period immediately preceding the licensing period for which renewal is sought; or

          (B) completed the minimum number of familiarization trips required by the board for renewal of a marine pilot license for a marine pilotage region for which the license is to be renewed.

 (b) The board shall establish criteria for the renewal of a deputy marine pilot license.




Sec. 08.62.130. Lapsed license.
 (a) The board shall reinstate a lapsed marine pilot license if, in addition to complying with the requirements of AS 08.01.100(a) — (c) and AS 08.62.120, the pilot takes and passes a written and oral examination if the license has been lapsed one year or more.

 (b) The board shall establish criteria for reinstatement of a lapsed deputy marine pilot license.




Sec. 08.62.140. Fees.
 (a) The department shall set fees under AS 08.01.065 for applications, licenses, agent registrations, investigations, audits, and training.

 (b) The fee for an application for an exemption under AS 08.62.180(b) from the mandatory pilotage requirement of this chapter is $250 plus $50 for each whole foot in overall length of the vessel that exceeds 65 feet.




Sec. 08.62.150. Denial, revocation, or suspension.
 (a) The board shall impose a disciplinary sanction on a person licensed under this chapter when the board finds that the person
     (1) is incompetent in the performance of pilotage duties;

     (2) is chemically impaired;

     (3) illegally possesses, uses, or sells narcotic or hallucinogenic drugs;

     (4) makes a false statement to obtain a license;

     (5) violates a provision of this chapter or a regulation adopted under this chapter;

     (6) is guilty of misconduct during the course of employment;

     (7) has had the person’s United States Coast Guard pilot license conditioned, suspended, or revoked; or

     (8) charges, collects, or receives an amount for pilotage services that is different from the rate adopted under AS 08.62.046 or the rate agreed to under AS 08.62.175(e) by the pilot organization of which the person is a member.

 (b) [Repealed, § 4 ch 60 SLA 1987.]




Sec. 08.62.155. Disciplinary sanctions.
 (a) The board may take disciplinary action against a person licensed under this chapter under AS 08.01.075.

 (b) The board may impose a civil fine not to exceed $5,000 on a marine pilot organization recognized by the board if the organization violates this chapter or a regulation adopted under this chapter. The board may also suspend or revoke the recognition of a pilot organization that fails to comply with its articles, bylaws, and rules, so as to no longer satisfy the minimum standards for recognition by the board.




Article 3. Miscellaneous Provisions.


Sec. 08.62.157. Duties of licensed pilots.
 (a) A person licensed under this chapter has a primary duty to safely navigate vessels under the pilot’s direction and control and to protect life and property and the marine environment while engaged in the provision of pilot services.

 (b) A person licensed under this chapter shall report to the appropriate authority all violations of a federal or state pilotage law.




Sec. 08.62.160. Mandatory employment of licensed pilots.
A vessel subject to this chapter navigating the inland or coastal water of or adjacent to the state as determined by the board in regulation shall employ a pilot holding a valid license under this chapter. The board shall define the mandatory pilotage water of the state.


Sec. 08.62.163. Pilots as independent contractors.
 (a) Pilots licensed under this chapter are independent contractors and may not be employed as an employee of the owner or operator of a vessel subject to this chapter.

 (b) The owner or operator of a vessel subject to this chapter may not employ a person licensed under this chapter as an employee.




Sec. 08.62.165. Limitation of liability.
 (a) A pilot licensed under this chapter is not liable for damages in excess of $250,000 per incident for damages or loss occurring as a result of the error, omission, fault, or neglect of the pilot in performing pilotage services, except that the limitation does not apply in a case where
     (1) the pilot is either grossly negligent or guilty of wilful misconduct; or

     (2) the error, omission, fault, or neglect of the pilot constitutes an act for which the board shall impose a disciplinary sanction under AS 08.62.150(a)(2) or (3).

 (b) Nothing in this section exempts a vessel, a vessel’s cargo, or the owner or operator of a vessel or cargo from liability for damage or loss caused by the vessel, the vessel’s cargo, or the owner or operator of the vessel or cargo to the vessel, the vessel’s cargo, another person, or other property on the ground that
     (1) the vessel was piloted by a pilot licensed under this chapter; or

     (2) the damage or loss occurred as a result of the error, omission, fault, or neglect of a pilot licensed under this chapter.

 (c) An organization of pilots is not liable for claims arising from acts or omissions of a pilot who is a member of the organization or for acts or omissions of another organization of pilots that relate to pilotage of a vessel. A pilot is not liable, directly or as a member of an organization of pilots, for claims arising from acts or omissions of another pilot or organization of pilots that relate to pilotage of a vessel. This subsection does not apply to acts or omissions relating to the ownership or operation of pilot boats or the transportation of pilots to and from a vessel to be piloted.




Sec. 08.62.170. Pilot’s lien for compensation.
Each vessel, its tackle, apparel, and furniture and the owner of the vessel are jointly and severally liable for the compensation of a pilot employed on the vessel and the pilot has a lien on the vessel, the vessel’s tackle, apparel, and furniture for the pilot’s compensation.


Sec. 08.62.175. Regional marine pilot organizations.
 (a) To the extent permitted under federal and state law, persons licensed under this chapter may form organizations of pilots within each pilotage region established by the board.

 (b) The board shall recognize pilot organizations that satisfy the minimum standards established by the board by regulation.

 (c) A pilot organization recognized by the board shall
     (1) promote a safe and reliable system of marine pilotage for the region in which the organization is recognized;

     (2) provide for the dispatch of pilots who are members of the organization;

     (3) adopt and revise rates for the provision of pilotage services not covered by an agreement under (e) of this section;

     (4) subject to the membership application and approval provisions contained in the articles and bylaws of the organization, be open to membership by all persons licensed under this chapter to pilot vessels in the pilotage region in which the organization is recognized;

     (5) operate or participate in a training program for pilots and deputy pilots that is approved by the board; a training program for deputy pilots may include a deputy marine pilot apprenticeship program approved by the board;

     (6) cooperate with and assist the board in implementing this chapter;

     (7) by February 1 of each year, submit a report to the board that includes information on the status of training and apprenticeship programs, the number of members of the pilot organization who are state residents, and other information requested by the board.

 (d) A pilot organization recognized by the board may not begin operating until the articles, bylaws, and rules of the pilot organization are approved by the board on the basis of
     (1) uniform and nondiscriminatory application of the articles, bylaws, and rules to marine pilots and deputy marine pilots licensed under this chapter and trainees for marine pilot licenses;

     (2) compliance with applicable laws; and

     (3) effectiveness in
          (A) promoting an efficient, reliable, and professional marine pilotage system in the region;

          (B) maintaining a sufficient number of qualified pilots available for dispatch to serve the needs of vessels visiting the region during each hour of the day and each day of the year to the extent that it is reasonably possible given the size of the membership of the pilot organization;

          (C) promoting training programs for marine pilots and deputy marine pilots that are approved by the board.

 (e) A pilot organization recognized by the board may enter into agreements with the master, owner, operator, or agent of a master, owner, or operator, of a vessel concerning the terms and conditions under which the pilot organization will provide pilotage services.

 (f) A pilot organization recognized by the board shall dispatch a person who is licensed under this chapter and who is a member of the organization to provide pilotage services upon the request of a representative of a vessel required to employ a pilot under AS 08.62.160.




Sec. 08.62.180. Exemptions.
 (a) This chapter does not apply to
     (1) vessels subject to federal pilot requirements under 46 U.S.C. 8502 except as provided in AS 08.62.185;

     (2) fishing vessels, including fish processing and fish tender vessels, registered in the United States or in British Columbia, Canada;

     (3) vessels propelled by machinery and not more than 65 feet in length over deck, except tugboats and towboats propelled by steam;

     (4) vessels of United States registry of less than 300 gross tons and towboats of United States registry and vessels owned by the State of Alaska, engaged exclusively
          (A) on the rivers of Alaska; or

          (B) in the coastwise trade on the west or north coast of the United States including Alaska and Hawaii, and including British Columbia, Yukon Territory, and Northwest Territories, Canada;

     (5) vessels of Canada, built in Canada and manned by Canadian citizens, engaged in frequent trade between
          (A) British Columbia and Southeastern Alaska on the inside water of Southeastern Alaska south of 59 degrees, 29 minutes North latitude, if reciprocal exemptions are granted by Canada to vessels owned by the State of Alaska and those of United States registry; or

          (B) northern Alaska north of 68 degrees, 7 minutes North latitude and Yukon Territory or Northwest Territories;

     (6) pleasure craft of United States registry;

     (7) pleasure craft of foreign registry of 65 feet or less in overall length; and

     (8) vessels of the Canadian Navy or Canadian Coast Guard that have a home port in British Columbia, Canada, while navigating the inside water of Southeastern Alaska.

 (b) The operator of a pleasure craft of foreign registry of more than 65 feet overall length but less than 175 feet overall length may apply for an exemption from the pilotage requirement of this chapter. If an exemption is applied for and the fee prescribed under AS 08.62.140(b) is paid, the board may issue the exemption to the operator of the vessel. The exemption is valid for one year from the date on which the exemption is issued. The application for an exemption must be submitted to the board at least 30 days before the vessel enters the state. The board shall approve or deny an application for the exemption within 10 working days after the application is received by the board. If the board does not approve or disapprove the application within 10 working days, the exemption is considered to be approved, and the board shall issue the exemption. The 10-day period for action by the board is suspended while the board is waiting for a response to a request by the board for additional information from the applicant. An exemption issued under this subsection may be revoked by the board if the vessel is not operated in a manner that is appropriate to protect human life, property, and the marine environment or if the vessel does not comply with all applicable local, state, and federal laws. The exemption must remain on the vessel while the vessel is in state water. An exemption issued under this subsection does not exempt a vessel from the requirement to employ a pilot licensed under this chapter while the vessel is in Wrangell Narrows or in the water between Chatham Strait and Sitka via Peril Strait.

 (c) The operator of a pleasure craft of foreign registry of more than 65 feet overall length but not more than 125 feet overall length that has received an exemption under (b) of this section shall proceed upon initial entry into state water to the first port of call to receive navigational and safety information from an agent registered under AS 08.62.040(a)(3) who is employed by the operator of the vessel. The navigational and safety information provided by the agent must be approved by the marine pilot coordinator and annually reviewed, revised, and approved as appropriate by the board at its spring meeting.

 (d) The operator of a pleasure craft of foreign registry of more than 125 feet overall length but less than 175 feet overall length that has received an exemption under (b) of this section shall employ a pilot licensed under this chapter from initial entry into compulsory pilotage water of the state to the first port of call. The marine pilot shall provide navigational and safety information relating to the pilotage region to the operator of the vessel.

 (e) In (b) — (d) of this section,
     (1) “for hire” means for consideration contributed as a condition of carriage on a vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or other person having an interest in the vessel;

     (2) “pleasure craft” means a vessel that does not carry passengers or freight for hire.




Sec. 08.62.185. Certain licensed pilots required for oil tankers.
 (a) Any oil tanker, whether enrolled or registered, of 50,000 dead weight tons or greater, shall, when navigating in state water beyond Alaska pilot stations employ a pilot licensed by the state under this chapter.

 (b) The pilot required in (a) of this section shall control the vessel during all docking operations.




Sec. 08.62.187. Registration of agents required.
A person may not act as an agent of a vessel subject to this chapter unless the person’s name appears on the register of agents kept under AS 08.62.040(a)(3).


Sec. 08.62.190. Penalties.
 (a) A master or owner of a vessel required by this chapter to employ a licensed pilot who fails to do so when a licensed pilot is available, unless the perils or hazards of the sea prevent the employment of a pilot, is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $5,000 nor more than $15,000 for the first offense and not less than $10,000 nor more than $30,000 for the second offense.

 (b) A person who violates any other provision of this chapter or a regulation adopted under this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $1,000 nor more than $5,000.

 (c) For purposes of (a) of this section, the board shall define by regulation the phrase “when a licensed pilot is available.”




Sec. 08.62.200. [Renumbered as AS 08.62.900.]

Article 4. General Provisions.


Sec. 08.62.900. Definitions.
In this chapter,
     (1) “board” means the Board of Marine Pilots;

     (2) “commissioner” means the commissioner of the Department of Commerce, Community, and Economic Development;

     (3) “department” means the Department of Commerce, Community, and Economic Development;

     (4) “knowingly” has the meaning given in AS 11.81.900(a);

     (5) “pilot” means a person licensed under this chapter as a pilot or a deputy pilot;

     (6) “vessel” means all vessels not exempt under AS 08.62.180.




Sec. 08.62.990. Short title.
This chapter may be cited as the Alaska Marine Pilotage Act.


Article 1. Board of Marital and Family Therapy.


Chapter 63. Marital and Family Therapy.

Sec. 08.63.010. Board established.
 (a) There is established the Board of Marital and Family Therapy.

 (b) The board consists of three persons licensed under this chapter and two members of the public.




Sec. 08.63.020. Board appointments.
The governor shall appoint the members of the board subject to confirmation by the legislature.


Sec. 08.63.030. Meetings.
The board shall hold an annual meeting and may hold special meetings at the call of the chair or a majority of the board members.


Sec. 08.63.040. Removal of board members.
The governor may only remove a member of the board for good cause.


Sec. 08.63.050. Powers and duties of the board.
 (a) The board shall
     (1) establish objective examination requirements and training and education requirements for persons who apply for a license to practice marital and family therapy;

     (2) examine applicants and issue licenses to qualified applicants;

     (3) establish continuing education requirements for license renewal;

     (4) adopt a code of ethical practice for marital and family therapy;

     (5) hold hearings and order the disciplinary sanction of a person who violates this chapter or a regulation of the board;

     (6) ensure that licensees are aware of the requirements of AS 47.17.020;

     (7) establish standards for supervisors and supervision under this chapter;

     (8) enforce the provisions of this chapter and adopt regulations necessary to carry out its duties under this chapter.

 (b) The board may order a licensed marital and family therapist to submit to a reasonable physical or mental examination if the board has credible evidence sufficient to conclude that the marital and family therapist’s physical or mental capacity to practice safely is at issue.




Sec. 08.63.060. Administrative Procedure Act.
AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.


Article 2. Marital and Family Therapy Licenses.


Sec. 08.63.100. Qualifications for license to practice.
 (a) The board shall issue a license to practice marital and family therapy to a person who
     (1) applies on a form provided by the board;

     (2) pays the fee established under AS 08.01.065;

     (3) furnishes evidence satisfactory to the board that the person
          (A) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.63.210;

          (B) holds a master’s degree or doctorate in marital and family therapy or allied mental health field from a regionally accredited educational institution approved by the board for which the person completed a course of study that included instruction substantially equivalent to the following:
               (i) three courses or nine semester or 12 quarter hours of course work in marital and family therapy;

               (ii) three courses or nine semester or 12 quarter hours of course work in marital and family studies;

               (iii) three courses or nine semester or 12 quarter hours of course work in human development;

               (iv) one course or three semester or four quarter hours of course work in professional studies or professional ethics and law;

               (v) one course or three semester or four quarter hours of course work in research; and

               (vi) one year of supervised clinical practice in marital and family therapy;

          (C) after receiving a degree described in (B) of this paragraph, has
               (i) practiced marital and family therapy, including 1,500 hours of direct clinical contact with couples, individuals, and families; and

               (ii) been supervised in the clinical contact for at least 200 hours, including 100 hours of individual supervision and 100 hours of group supervision approved by the board;

          (D) has received training related to domestic violence; and

          (E) has passed a written or oral examination administered by the board.

 (b) Under regulations adopted by the board, a person who holds a master’s or doctorate degree in marital and family therapy or allied mental health field from a regionally accredited educational institution approved by the board, but whose course of degree study did not include all the courses or clinical practice requirements set out in (a)(3)(B) of this section may substitute post-degree courses or practice, as approved by the board, to satisfy the requirements of (a)(3)(B) of this section.

 (c) An applicant who fails an examination given under this section may not retake the examination for a period of six months from the date of the examination that the applicant failed.

 (d) A license issued under this section shall be renewed biennially by the applicant on a date set by the department and approved by the board. It shall be renewed by payment of the fee established under AS 08.01.065 and by satisfaction of the continuing education requirements established by the board for the renewal of licenses issued under this section.




Sec. 08.63.110. License for supervised practice.
 (a) The board shall issue a four-year license for the supervised practice of marital and family therapy to a person who meets the requirements of AS 08.63.100(a)(1), (2), and (3)(A) — (B).

 (b) A licensee under this section may practice only
     (1) under the direct supervision of a supervisor approved by the board under AS 08.63.120; and

     (2) in a clinic, social service agency, or other setting approved by the board.

 (c) A license for supervised practice expires four years from the date of issuance and may not be renewed.

 (d) A licensee under this section shall submit to the board for its approval a proposed plan for satisfying the supervision requirements of AS 08.63.100(a)(3)(C).

 (e) A licensee under this section shall use the title “marital therapy associate,” “family therapy associate,” or other title that is approved by the board.

 (f) The board shall revoke a license for supervised practice if the person fails the examination required under AS 08.63.100 two or more times.




Sec. 08.63.120. Authorized supervisors.
 (a) A person may not supervise a person under this chapter unless approved by the board to be a supervisor.

 (b) A person who supervises a licensee under this section must
     (1) have practiced marital and family therapy for five years;

     (2) be licensed under this chapter; and

     (3) meet the minimum standards established by the board for approved supervisors.




Sec. 08.63.130. Temporary license for the practice of marital and family therapy.
 (a) The board shall issue a temporary license for the practice of marital and family therapy to an applicant who satisfies the requirements of AS 08.63.100(a)(1), (2), and (3)(A), (B), and (C) and has been approved by the board to take the marital and family therapy examination.

 (b) A person may practice under a temporary license until the board issues the results of the first marital and family therapy examination given after issuance of the person’s temporary license and either issues or denies a license under AS 08.63.100 to the person.

 (c) If a licensee under this section fails the marital and family therapy examination, the board may not renew the person’s temporary license.




Sec. 08.63.140. Licensure by credentials.
The board shall issue a license to practice marital and family therapy to a person who
     (1) is licensed or certified for the practice of marital and family therapy in another state that has requirements for the license or certificate that are substantially equal to or greater than the requirements of this state; and

     (2) meets the requirements of AS 08.63.100(a)(1), (2), and (3)(A).




Article 3. General Provisions.


Sec. 08.63.200. Confidentiality of communication.
 (a) A person licensed under this chapter may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to
     (1) a case conference or case consultation with other mental health professionals at which the patient is not identified;

     (2) the release of information that the client in writing authorized the licensee to reveal;

     (3) information released to the board as part of a disciplinary or other proceeding;

     (4) situations where the rules of evidence applicable to the psychotherapist-patient privilege allow the release of the information;

     (5) a communication to a potential victim or to law enforcement officers where a threat of imminent serious physical harm to an identified victim has been made by a client; or

     (6) a disclosure revealing a communication about an act that the licensee has reasonable cause to suspect constitutes unlawful or unethical conduct that would be grounds for imposition of disciplinary sanctions by a person licensed to provide health or mental health services, if the disclosure is made only to the licensing board with jurisdiction over the person who allegedly committed the act, and the disclosure is made in good faith.

 (b) Notwithstanding (a) of this section, a person licensed under this chapter shall report incidents of
     (1) child abuse or neglect as required by AS 47.17;

     (2) harm or assaults suffered by a vulnerable adult as required by AS 47.24.

 (c) Information obtained by the board under (a)(3) of this section is confidential and is not a public record for purposes of AS 40.25.110 — 40.25.140.




Sec. 08.63.210. Grounds for imposition of disciplinary sanctions.
 (a) After a hearing, the board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter when the board finds that the person
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or of another crime that affects the person’s ability to practice competently and safely;

     (5) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the board;

     (6) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction or severe dependency on alcohol or another drug that impairs the person’s ability to practice safely;

     (7) engaged in unethical conduct in connection with the delivery of professional services to clients;

     (8) engaged in sexual misconduct with a client during the course of therapy, either within or outside the treatment setting, or within two years after therapy or counseling with the client has terminated; in this paragraph, “sexual misconduct” includes sexual contact, as defined in regulations adopted under this chapter, or attempted sexual contact, regardless of the client’s or former client’s consent or lack of consent.

 (b) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.63.050(b). A person whose license is suspended under this subsection is entitled to a hearing by the board within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.

 (c) The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, supervision, or treatment of a person through audio, video, or data communications when physically separated from the person if
     (1) the licensee or another licensed health care provider is available to provide follow-up care;

     (2) the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person’s primary care provider and, if the person consents, the licensee sends the records to the person’s primary care provider; and

     (3) the licensee meets the requirements established by the board in regulation.

 (d) The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (c) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.




Sec. 08.63.220. License required if designation used.
A person who is not licensed under this chapter or whose license is suspended or revoked, or whose license has lapsed, who knowingly uses in connection with the person’s name the words or letters “L.M.F.T.,” “L.M.F.C.,” “Licensed Marital and Family Therapist,” “Licensed Marriage and Family Counselor,” or other letters, words, or insignia indicating or implying that the person is licensed as a marital and family therapist by this state or who in any way, orally or in writing, directly or by implication, knowingly holds out as being licensed by the state as a marital and family therapist in this state is guilty of a class B misdemeanor.


Sec. 08.63.230. Disclosure statement.
Before the performance of services, a licensed marital and family therapist shall ensure that the client was furnished a copy of a professional disclosure statement that contained
     (1) the name, title, business address, and business telephone number of the marital and family therapist;

     (2) a description of the formal professional education of the marital and family therapist, including the institutions attended and the degrees received from the institutions;

     (3) the marital and family therapist’s areas of specialization and the services available;

     (4) the marital and family therapist’s fee schedule listed by type of service or hourly rate;

     (5) a description of the exception to confidentiality contained in AS 08.63.200(a)(6); and

     (6) at the bottom of the first page of the statement, the following sentence: “This information is required by the Board of Marital and Family Therapy, which regulates all licensed marital and family therapists,” followed by the name, address, and telephone number of the board’s office.




Sec. 08.63.240. Limitation of practice.
Notwithstanding that a specific act is within the definition of the “practice of marital and family therapy,” a person licensed under this chapter may not perform the act if the person lacks the appropriate education, training, and experience related to the act.


Sec. 08.63.900. Definitions.
In this chapter, unless the context indicates otherwise,
     (1) “advertise” includes issuing or causing to be distributed a card, sign, or device to a person, or causing, permitting, or allowing a sign or marking on or in a building or structure, or in a newspaper, magazine, or directory, or on radio or television, or using other means designed to secure public attention;

     (2) “board” means the Board of Marital and Family Therapy;

     (3) “course” means a class of at least three credit hours in a graduate program at an accredited educational institution or an institution approved by the board;

     (4) “department” means the Department of Commerce, Community, and Economic Development;

     (5) “practice of marital and family therapy” means the diagnosis and treatment of mental and emotional disorders that are referenced in the standard diagnostic nomenclature for marital and family therapy, whether cognitive, affective, or behavioral, within the context of human relationships, particularly marital and family systems; marital and family therapy involves
          (A) the professional application of assessments and treatments of psychotherapeutic services to individuals, couples, and families for the purpose of treating the diagnosed emotional and mental disorders;

          (B) an applied understanding of the dynamics of marital and family interactions, along with the application of psychotherapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perceptions, attitudes, and behaviors in the area of human relationships and family life;

     (6) “supervision” means face-to-face consultation, direction, review, evaluation, and assessment of the practice of the person being supervised, including direct observation and the review of case presentations, audio tapes, and video tapes.




Article 1. State Medical Board.


Chapter 64. Medicine.

Sec. 08.64.010. Creation and membership of State Medical Board.
The governor shall appoint a board of medical examiners, to be known as the State Medical Board, consisting of five physicians licensed in the state and residing in as many separate geographical areas of the state as possible, one physician assistant licensed under AS 08.64.107, and two persons with no direct financial interest in the health care industry.


Sec. 08.64.020. Term of office. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]
Sec. 08.64.030. Substitution of members. [Repealed, § 19 ch 48 SLA 1983.]
Sec. 08.64.040. Removal of members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020.]
Sec. 08.64.050. Oath of office.
Each member shall take an oath of office. The oath shall be filed and preserved in the department.


Sec. 08.64.060. Seal.
The board shall adopt a seal.


Sec. 08.64.070. Officers.
The board shall elect a president and secretary from among its members. The president and secretary may administer oaths.


Sec. 08.64.075. Designees.
If this chapter authorizes a designee to perform a duty, the board may designate a single board member, the executive secretary, or another employee of the department.


Sec. 08.64.080. Meetings of board. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.64.085. Meetings of the board.
The board shall meet at least four times a year.


Sec. 08.64.090. Quorum.
Five members of the board constitute a quorum for the transaction of all business properly before the board.


Sec. 08.64.100. Power of board to adopt regulations.
The board may adopt regulations necessary to carry into effect the provisions of this chapter.


Sec. 08.64.101. Duties.
The board shall
     (1) examine and issue licenses to applicants;

     (2) develop written guidelines to ensure that licensing requirements are not unreasonably burdensome and the issuance of licenses is not unreasonably withheld or delayed;

     (3) after a hearing, impose disciplinary sanctions on persons who violate this chapter or the regulations or orders of the board;

     (4) adopt regulations ensuring that renewal of licenses is contingent on proof of continued competency on the part of the licensee;

     (5) under regulations adopted by the board, contract with private professional organizations to establish an impaired medical professionals program to identify, confront, evaluate, and treat persons licensed under this chapter who abuse alcohol, other drugs, or other substances or are mentally ill or cognitively impaired;

     (6) adopt regulations that establish guidelines for a physician who is rendering a diagnosis, providing treatment, or prescribing, dispensing, or administering a prescription drug to a person without conducting a physical examination under AS 08.64.364; the guidelines must include a nationally recognized model policy for standards of care of a patient who is at a different location than the physician;

     (7) require that a licensee who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200(o).




Sec. 08.64.103. Investigator; executive secretary.
 (a) After consulting with the board, the department shall employ two persons who are not members of the board; one shall be assigned as the investigator for the board; the other shall be assigned as the executive secretary for the board. The investigator shall
     (1) conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board;

     (2) at the request of the board, conduct investigations based on complaints filed with the department or with the board; and

     (3) be directly responsible and accountable to the board, except that only the department has authority to terminate the investigator’s employment and the department shall provide day to day and administrative supervision of the investigator.

 (b) The executive secretary is the principal executive officer of the board and shall perform duties as prescribed by the board. The executive secretary is in the partially exempt service under AS 39.25.120 and is entitled to receive a monthly salary equal to a step in Range 23 on the salary schedule set out in AS 39.27.011(a).




Sec. 08.64.105. Regulation of abortion procedures.
The board shall adopt regulations necessary to carry into effect the provisions of AS 18.16.010 and shall define ethical, unprofessional, or dishonorable conduct as related to abortions, set standards of professional competency in the performance of abortions, and establish procedures and set standards for facilities, equipment, and care of patients in the performance of an abortion.


Sec. 08.64.107. Regulation of physician assistants and intensive care paramedics.
The board shall adopt regulations regarding the licensure of physician assistants and registration of mobile intensive care paramedics, and the medical services that they may perform, including the
     (1) [See delayed amendment note.] educational and other qualifications;

     (2) application and registration procedures;

     (3) scope of activities authorized; and

     (4) responsibilities of the supervising or training physician.




Sec. 08.64.110. Per diem and expenses.
The members of the board are entitled to per diem and expenses authorized by law.


Sec. 08.64.120. Coverage of funds and warrants for expenses. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.64.130. Board records.
 (a) The board shall preserve a record of its proceedings, which must contain the name, age, residence, and duration of residence of each applicant for a license, the time spent by the applicant in medical study, the place of medical study, and the year and school from which degrees were granted. The record must also show whether the applicant was granted a license or rejected.

 (b) The board shall maintain records for each person licensed under this chapter concerning the outcome of malpractice actions and claims as reported under AS 08.64.200(a) and 08.64.345. The board shall periodically review these records to determine if the licensee should be found to be professionally incompetent under AS 08.64.326(a)(8)(A).

 (c) The board shall make available to the public the information maintained under (a) and (b) of this section for each person licensed under this chapter.




Sec. 08.64.140. Annual report to governor. [Repealed, § 19 ch 48 SLA 1983.]
Sec. 08.64.150. Bond of secretary-treasurer. [Repealed, § 28 ch 77 SLA 1969.]
Sec. 08.64.160. Applicability of Administrative Procedure Act.
The board shall comply with AS 44.62 (Administrative Procedure Act).


Article 2. Licensing.


Sec. 08.64.170. License to practice medicine, podiatry, or osteopathy.
 (a) A person may not practice medicine, podiatry, or osteopathy in the state unless the person is licensed under this chapter, except that
     (1) a physician assistant may examine, diagnose, or treat persons under the supervision, control, and responsibility of either a physician licensed under this chapter or a physician exempted from licensing under AS 08.64.370;

     (2) a mobile intensive care paramedic may render emergency lifesaving service; and

     (3) a person who is licensed or authorized under another chapter of this title may engage in a practice that is authorized under that chapter.

 (b) [Repealed, § 4 ch 101 SLA 1974.]
 (c) A chiropodist practicing in the state on May 16, 1972, is exempt from this section.

 (d) A podiatrist practicing in the state on March 26, 1976, is exempt from this section, and shall be issued a license without examination if application is made within one year of March 26, 1976.




Sec. 08.64.180. Application for license.
A person who desires to practice medicine or osteopathy in the state shall apply in writing to the department for a license.


Sec. 08.64.190. Contents of application.
The application must state the name, age, residence, the duration of residence, the time spent in medical or osteopathy study, the place, year, and school in which degrees were granted, the applicant’s medical work history, and other information the board considers necessary. The application shall be made under oath. The board may verify information in the application through direct contact with the appropriate schools, medical boards, or other agencies that can substantiate the information.


Sec. 08.64.200. Qualifications of physician applicants.
 (a) [See delayed amendment note.] Except for foreign medical graduates as specified in AS 08.64.225, each physician applicant shall
     (1) submit a certificate of graduation from a legally chartered medical school accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association;

     (2) submit a certificate from a recognized hospital or hospitals certifying that the applicant has satisfactorily performed the duties of resident physician or intern for a period of
          (A) one year if the applicant graduated from medical school before January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency; and

          (B) two years if the applicant graduated from medical school on or after January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency and a certificate of successful completion of one additional year of postgraduate training at a recognized hospital;

     (3) submit a list of negotiated settlements or judgments in claims or civil actions alleging medical malpractice against the applicant, including an explanation of the basis for each claim or action; and

     (4) not have a license to practice medicine in another state, country, province, or territory that is currently suspended or revoked for disciplinary reasons.

 (b) The board shall determine whether each physician applicant has any disciplinary or other actions recorded in the nationwide disciplinary data bank of the Federation of State Medical Boards. If the physician applicant was licensed or practiced in a jurisdiction that does not record information with the data bank of the Federation of State Medical Boards, the board shall contact the medical regulatory body of that jurisdiction to obtain comparable information about the applicant.




Sec. 08.64.205. Qualifications for osteopath applicants. [See delayed amendment note.]
Each osteopath applicant shall meet the qualifications prescribed in AS 08.64.200(a)(3) and (4) and shall
     (1) submit a certificate of graduation from the legally chartered school of osteopathy approved by the board;

     (2) submit a certificate from a hospital approved by the American Medical Association or the American Osteopathic Association that certifies that the osteopath has satisfactorily completed and performed the duties of intern or resident physician for
          (A) one year if the applicant graduated from a school of osteopathy before January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency; or

          (B) two years if the applicant graduated from a school of osteopathy on or after January 1, 1995, as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency and a certificate of successful completion of one additional year of postgraduate training at a recognized hospital;

     (3) take the examination required by AS 08.64.210 or be certified to practice by the National Board of Examiners for Osteopathic Physicians and Surgeons.




Sec. 08.64.207. Qualifications for acupuncture applicants. [Repealed, § 15 ch 6 SLA 1990.]
Sec. 08.64.209. Qualifications for podiatry applicants.
 (a) [See delayed amendment note.] Each applicant who desires to practice podiatry shall meet the qualifications prescribed in AS 08.64.200(a)(3) and (4) and shall
     (1) submit a certificate of graduation from a legally chartered school of podiatry approved by the board;

     (2) take the examination required by AS 08.64.210; the State Medical Board shall call to its aid a podiatrist of known ability who is licensed to practice podiatry to assist in the examination and licensure of applicants for a license to practice podiatry;

     (3) meet other qualifications of experience or education which the board may require.

 (b) The provisions of AS 08.64.180 — 08.64.190, 08.64.220, and 08.64.230 — 08.64.380 relating to the practice of medicine or osteopathy apply to the application procedure, testing, and practice of podiatry, as appropriate.




Sec. 08.64.210. Examination required.
 (a) An applicant shall take examinations in subjects the board considers necessary, unless excused under provisions of AS 08.64.250.

 (b) The deadline for submitting an exam application to the board shall be established by regulation.




Sec. 08.64.215. Insurance required. [Repealed, § 40 ch 177 SLA 1978.]
Sec. 08.64.220. Contents of examination and grading.
 (a) The board shall offer a written examination sufficient to test the applicant’s fitness to practice medicine or osteopathy.

 (b) [Repealed by § 27 ch 148 SLA 1970.]
 (c) The examinations, answers, and scores shall be preserved and filed.




Sec. 08.64.225. Foreign medical graduates.
 (a) Applicants who are graduates of medical colleges not accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association shall
     (1) [See delayed amendment note.] meet the requirements of AS 08.64.200(a)(3) and (4) and 08.64.255;

     (2) [See delayed amendment note.] have successfully completed
          (A) three years of postgraduate training as evidenced by a certificate of completion of the first year of postgraduate training from the facility where the applicant completed the first year of internship or residency and a certificate of successful completion of two additional years of postgraduate training at a recognized hospital; or

          (B) other requirements establishing proof of competency and professional qualifications as the board considers necessary to ensure the continued protection of the public adopted at the discretion of the board by regulation; and

     (3) have passed examinations as specified by the board in regulations.

 (b) Requirements establishing proof of competency under (a)(2)(B) of this section may include
     (1) current licensure in another state and an active medical practice in that state for at least three years; or

     (2) current board certification in a practice specialty by the American Board of Medical Specialties.

 (c) In this section, “recognized hospital” means a hospital that has been approved for internship or residency training by the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada.




Sec. 08.64.230. License granted.
 (a) If a physician applicant passes the examination and meets the requirements of AS 08.64.200 and 08.64.255, the board shall grant a license to the applicant to practice medicine in the state.

 (b) If an osteopath applicant passes the examination and meets the requirements of AS 08.64.205 and 08.64.255, the board shall grant a license to the applicant to practice osteopathy in the state.

 (c) Each license shall be signed by the secretary and president of the board, and have the seal of the board affixed to it.




Sec. 08.64.240. License refused.
 (a) The board may not grant a license if
     (1) the applicant fails or cheats during the examination;

     (2) the applicant has surrendered a license in another jurisdiction while under investigation and the license has not been reinstated in that jurisdiction;

     (3) the board determines that the applicant is professionally unfit to practice medicine or osteopathy in the state; or

     (4) the applicant fails to comply with a requirement of this chapter.

 (b) The board may refuse to grant a license to any applicant for the same reasons that it may impose disciplinary sanctions under AS 08.64.326.




Sec. 08.64.250. License by credentials. [See delayed amendment note.]
The board may waive the examination requirement and license by credentials if the physician or podiatry applicant meets the requirements of AS 08.64.200 or 08.64.209, submits proof of continued competence as required by regulation, pays the required fee and has
     (1) an active license from a board of medical examiners established under the laws of a state or territory of the United States or a province or territory of Canada issued after thorough examination; or

     (2) passed an examination as specified by the board in regulations.




Sec. 08.64.255. Interviews.
An applicant for licensure may be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.


Sec. 08.64.260. Re-examination.
 (a) If the applicant fails the examination, the applicant may, on the same application and payment of a reexamination fee, take another examination not less than six months nor more than two years after the date of the first examination. If the applicant fails a second examination, the applicant may, after a year or more of further study or training approved by the board, make a new application for licensure.

 (b) [Repealed, § 21 ch 87 SLA 1987.]
 (c) [Repealed, § 21 ch 87 SLA 1987.]
 (d) [Repealed, § 21 ch 87 SLA 1987.]




Sec. 08.64.270. Temporary permits.
 (a) The board may issue a temporary permit to a physician applicant, osteopath applicant, or podiatry applicant who meets the requirements of AS 08.64.200, 08.64.205, 08.64.209, or 08.64.225 and pays the required fee.

 (b) A temporary permit issued under this section is valid for six months and shall be reviewed by the board at the next regularly scheduled board meeting that occurs after its issuance.

 (c) A temporary permit issued under this section may not be renewed.

 (d) The fee for a permit issued under this section is one-fourth of the fee for a biennial license, plus the appropriate application fee.

 (e) Upon application by the permittee and approval of the board, a permit issued under this section may be converted to a biennial license upon payment of the biennial fee minus the six-month permit fee paid under (d) of this section, plus the appropriate application fee.




Sec. 08.64.272. Residency and internship permits.
 (a) A person may not serve as a resident or intern without a permit issued under this section.

 (b) For the limited purpose of residency or internship, the board may issue a permit to an applicant without examination if the applicant meets the requirements of AS 08.64.200(a)(1) and applicable regulations of the board, meets the requirements of AS 08.64.279, pays the required fee, and has been accepted by an eligible institution in the state for the purpose of residency or internship.

 (c) A permit issued under this section is valid for the period specified by the board, but not to exceed 36 months after the date of issue. Upon application by a person who pays the required fee and has been accepted by an eligible institution in the state for the purpose of residency or internship, the board may renew a permit issued under this section for a period specified by the board, but not to exceed 36 months after the date of renewal.




Sec. 08.64.275. Temporary permit for locum tenens practice.
 (a) A member of the board or its executive secretary may grant a temporary permit to a physician or osteopath for the purpose of
     (1) substituting for another physician or osteopath licensed in this state;

     (2) being temporarily employed by a physician or osteopath licensed in this state while that physician or osteopath evaluates the permittee for permanent employment; or

     (3) being temporarily employed by a hospital or community mental health center while the facility attempts to fill a vacant permanent physician or osteopath staff position with a physician or osteopath licensed in this state.

 (b) A physician applying under (a) of this section shall pay the required fee and shall meet the requirements of AS 08.64.279 and the requirements of either AS 08.64.200 or 08.64.225. In addition, the physician shall submit evidence of holding a license to practice medicine in a state or territory of the United States or in a province or territory of Canada.

 (c) An osteopath applying under (a) of this section shall pay the required fee and shall meet the requirements of AS 08.64.205 and 08.64.279. In addition, the osteopath shall submit evidence of holding a license to practice in a state or territory of the United States or in a province or territory of Canada.

 (d) Within 10 days after the permit has been granted, the board member shall forward to the department a report of the issuance of the permit.

 (e) A permit issued under this section is initially valid for 90 consecutive calendar days. Upon request by a permittee, a permit issued under this section shall be extended for 60 calendar days by the board or its designee if, before the expiration of the initial 90-day permit, the permittee submits to the department a completed application form and the fee required for licensure under this chapter, except that the board may refuse to grant a request for an extension for the same reasons the board may refuse to grant a license under AS 08.64.240. Permits and extensions of permits issued to an individual under this section are not valid for more than 240 calendar days during any consecutive 24 months.

 (f) Notwithstanding (e) of this section, a permit issued under this section may be extended by the board or its designee for a time period that exceeds the limit established in (e) of this section if the board or its designee determines that the extension is necessary in order to provide essential medical services for the protection of public health and safety and the board has received a
     (1) clearance report from the National Practitioner Data Bank;

     (2) physician profile from the American Medical Association or the American Osteopathic Association;

     (3) clearance report from the United States Drug Enforcement Administration; and

     (4) completed application form and the fee required for licensure under this chapter.




Sec. 08.64.276. Retired status license.
 (a) On retiring from practice and payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice medicine, osteopathy, or podiatry in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from AS 08.64.312.

 (b) A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria as determined under regulations of the board, which may include submission of continuing medical education credits, reexamination requirements, physical and psychiatric examination requirements, an interview with the entire board, and review of information in the national data bank of the National Federation of State Medical Boards.




Sec. 08.64.279. Interview for permits.
An applicant for an intern permit, 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. 08.64.280. Record of license. [Repealed, § 10 ch 37 SLA 1986.]
Sec. 08.64.290. Examination fee. [Repealed, § 54 ch 37 SLA 1985.]
Sec. 08.64.300. Fee for license by reciprocity. [Repealed, § 19 ch 77 SLA 1969.]
Sec. 08.64.310. Annual license fee. [Repealed, § 20 ch 77 SLA 1969.]
Sec. 08.64.311. License renewal. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.100.]
Sec. 08.64.312. Continuing education requirements. [See delayed amendment note.]
 (a) The board shall promote a high degree of competence in the practice of medicine by requiring every physician licensed in the state to fulfill continuing education requirements.

 (b) Before a license may be renewed, the licensee shall submit evidence to the board or its designee that continuing education requirements prescribed by regulations adopted by the board have been met.

 (c) The board or its designee may exempt a physician from the requirements of (b) of this section upon an application by the physician giving evidence satisfactory to the board or its designee that the physician is unable to comply with the requirements because of extenuating circumstances. However, a person may not be exempted from more than 15 hours of continuing education in a five-year period.




Sec. 08.64.313. Inactive license.
A licensee who does not practice in the state may hold an inactive license. A person who practices in the state, however infrequently, shall hold an active license.


Sec. 08.64.315. Fees.
The department shall set fees under AS 08.01.065 for each of the following:
     (1) application;

     (2) license by examination;

     (3) license by endorsement or waiver of examination;

     (4) temporary permit;

     (5) locum tenens permit;

     (6) license renewal, active;

     (7) license renewal, inactive;

     (8) license by reexamination.




Sec. 08.64.320. Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.]
Sec. 08.64.325. Limits or conditions on license; discipline. [Repealed, § 19 ch 48 SLA 1983.]
Sec. 08.64.326. Grounds for imposition of disciplinary sanctions.
 (a) The board may impose a sanction if the board finds after a hearing that a licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation while providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted, including conviction based on a guilty plea or plea of nolo contendere, of
          (A) a class A or unclassified felony or a crime in another jurisdiction with elements similar to a class A or unclassified felony in this jurisdiction;

          (B) a class B or class C felony or a crime in another jurisdiction with elements similar to a class B or class C felony in this jurisdiction if the felony or other crime is substantially related to the qualifications, functions, or duties of the licensee; or

          (C) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs;

     (5) has procured, sold, prescribed, or dispensed drugs in violation of a law regardless of whether there has been a criminal action or harm to the patient;

     (6) intentionally or negligently permitted the performance of patient care by persons under the licensee’s supervision that does not conform to minimum professional standards even if the patient was not injured;

     (7) failed to comply with this chapter, a regulation adopted under this chapter, or an order of the board;

     (8) has demonstrated
          (A) professional incompetence, gross negligence, or repeated negligent conduct; the board may not base a finding of professional incompetence solely on the basis that a licensee’s practice is unconventional or experimental in the absence of demonstrable physical harm to a patient;

          (B) addiction to, severe dependency on, or habitual overuse of alcohol or other drugs that impairs the licensee’s ability to practice safely;

          (C) unfitness because of physical or mental disability;

     (9) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral conduct in connection with the delivery of professional services to patients; in this paragraph, “sexual misconduct” includes sexual contact, as defined by the board in regulations adopted under this chapter, or attempted sexual contact with a patient outside the scope of generally accepted methods of examination or treatment of the patient, regardless of the patient’s consent or lack of consent, during the term of the physician-patient relationship, as defined by the board in regulations adopted under this chapter, unless the patient was the licensee’s spouse at the time of the contact or, immediately preceding the physician-patient relationship, was in a dating, courtship, or engagement relationship with the licensee;

     (10) has violated AS 18.16.010;

     (11) has violated any code of ethics adopted by regulation by the board;

     (12) has denied care or treatment to a patient or person seeking assistance from the physician if the only reason for the denial is the failure or refusal of the patient to agree to arbitrate as provided in AS 09.55.535(a);

     (13) has had a license or certificate to practice medicine in another state or territory of the United States, or a province or territory of Canada, denied, suspended, revoked, surrendered while under investigation for an alleged violation, restricted, limited, conditioned, or placed on probation unless the denial, suspension, revocation, or other action was caused by the failure of the licensee to pay fees to that state, territory, or province; or

     (14) prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.64.363.

 (b) In a case involving (a)(13) of this section, the final findings of fact, conclusions of law and order of the authority that suspended or revoked a license or certificate constitutes a prima facie case that the license or certificate was suspended or revoked and the grounds under which the suspension or revocation was granted.




Sec. 08.64.330. Grounds for revocation of license. [Repealed, § 19 ch 48 SLA 1983.]
Sec. 08.64.331. Disciplinary sanctions.
 (a) If the board finds that a licensee has committed an act set out in AS 08.64.326(a), the board may
     (1) permanently revoke a license to practice;

     (2) suspend a license for a determinate period of time;

     (3) censure a licensee;

     (4) issue a letter of reprimand;

     (5) place a licensee on probationary status and require the licensee to
          (A) report regularly to the board on matters involving the basis of probation;

          (B) limit practice to those areas prescribed;

          (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the board to need improvement;

     (6) impose limitations or conditions on the practice of a licensee;

     (7) impose a civil fine of not more than $25,000; or

     (8) impose one or more of the sanctions set out in (1) — (7) of this subsection.

 (b) The board may end the probation of a licensee if it finds that the deficiencies which required this sanction have been remedied.

 (c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) not later than seven days after the effective date of the order, and the person may appeal the suspension after a hearing to a court of competent jurisdiction.

 (d) The board may reinstate a license that has been suspended or revoked if the board finds after a hearing that the applicant is able to practice with reasonable skill and safety.

 (e) The board may suspend a license upon receipt of a certified copy of evidence that a license to practice medicine in another state or territory of the United States or province of Canada has been suspended or revoked. The suspension remains in effect until a hearing can be held by the board.

 (f) The board shall be consistent in the application of disciplinary sanctions. A significant departure from earlier decisions of the board involving similar situations must be explained in findings of fact or orders made by the board.




Sec. 08.64.332. Automatic suspension for mental incompetency or insanity.
Notwithstanding AS 44.62, if a person holding a license to practice medicine or osteopathy under this chapter is adjudged mentally incompetent or insane by a final order or adjudication of a court of competent jurisdiction or by voluntary commitment to an institution for the treatment of mental illness, the person’s license shall be suspended by the board. The suspension shall continue in effect until the court finds or adjudges that the person has been restored to reason or until a licensed psychiatrist approved by the board determines that the person has been restored to reason.


Sec. 08.64.334. Voluntary surrender.
The board, at its discretion, may accept the voluntary surrender of a license. A license may not be returned unless the board determines, under regulations adopted by it, that the licensee is competent to resume practice. However, a license may not be returned to the licensee if the voluntary surrender resulted in the dropping or suspension of civil or criminal charges against the physician.


Sec. 08.64.335. Reports of disciplinary action or license suspension or surrender.
The board shall promptly report to the Federation of State Medical Boards for inclusion in the nationwide disciplinary data bank license and permit refusals under AS 08.64.240, actions taken by the board under AS 08.64.331, and license and permit suspensions or surrenders under AS 08.64.332 or 08.64.334.


Sec. 08.64.336. Duty of physicians and hospitals to report.
 (a) A physician who professionally treats a person licensed to practice medicine or osteopathy in this state for alcoholism or drug addiction, or for mental, emotional, or personality disorders, shall report it to the board if there is probable cause that the person may constitute a danger to the health and welfare of that person’s patients or the public if that person continues in practice. The report must state the name and address of the person and the condition found.

 (b) A hospital that revokes, suspends, conditions, restricts, or refuses to grant hospital privileges to, or imposes a consultation requirement on, a person licensed to practice medicine or osteopathy in the state shall report to the board the name and address of the person and the reasons for the action within seven working days after the action is taken. A hospital shall also report to the board the name and address of a person licensed to practice medicine or osteopathy in the state if the person resigns hospital staff privileges while under investigation by the hospital or a committee of the hospital and the investigation could result in the revocation, suspension, conditioning, or restricting of, or the refusal to grant, hospital privileges, or in the imposition of a consultation requirement. A report is required under this subsection regardless of whether the person voluntarily agrees to the action taken by the hospital. A report is not required if the sole reason for the action is the person’s failure to complete hospital records in a timely manner or to attend staff or committee meetings. In this subsection “consultation requirement” means a restriction placed on a person’s existing hospital privileges requiring consultation with a designated physician or group of physicians in order to continue to exercise the hospital privileges.

 (c) Upon receipt of a report under (a) or (b) of this section, the board shall investigate the matter and, upon a finding that there is reasonable cause to believe that the person who is the subject of the report is a danger to the health or welfare of the public or to the person’s patients, the board may appoint a committee of three qualified physicians to examine the person and report its findings to the board. Notwithstanding the provisions of this subsection, the board may summarily suspend a license under AS 08.64.331(c) before appointing an examining committee or before the committee makes or reports its findings.

 (d) If the board finds that a person licensed to practice medicine or osteopathy is unable to continue in practice with reasonable safety to the person’s patients or to the public, the board shall initiate action to suspend, revoke, limit, or condition the person’s license to the extent necessary for the protection of the person’s patients and the public.

 (e) A physician, hospital, hospital committee, or private professional organization contracted with under AS 08.64.101(5) to identify, confront, evaluate, and treat individuals licensed under this chapter who abuse addictive substances that in good faith submits a report under this section or participates in an investigation or judicial proceeding related to a report submitted under this section is immune from civil liability for the submission or participation.

 (f) A physician or hospital may not refuse to submit a report under this section or withhold from the board or its investigators evidence related to an investigation under this section on the grounds that the report or evidence
     (1) concerns a matter that was disclosed in the course of a confidential physician-patient or psychotherapist-patient relationship or during a meeting of a hospital medical staff, governing body, or committee that was exempt from the public meeting requirements of AS 44.62.310; or

     (2) is required to be kept confidential under AS 18.23.030.




Sec. 08.64.338. Medical and psychiatric exams.
For the purposes of an investigation under this chapter, the board may order a person to whom it has issued a license or permit to submit to a medical or psychiatric examination by a physician or other practitioner of the healing arts appointed by the board. An examination shall be at the board’s expense. An examination may include the required submission of biological specimens requested by the examining physician or practitioner.


Sec. 08.64.340. Statement of grounds of refusal or revocation of license.
If the board refuses to issue a license or revokes a license, it shall file a brief and concise statement of the grounds and reasons for the action in the office of the secretary of the board and in the department. The statement, together with the written decision of the board, shall remain of record in the department.


Sec. 08.64.345. Reports relating to malpractice actions and claims.
A person licensed under this chapter shall report in writing to the board concerning the outcome of each medical malpractice claim or civil action in which damages have been or are to be paid by or on behalf of the licensee to the claimant or plaintiff, whether by judgment or under a settlement. This report shall be made within 30 days after resolution of the claim or termination of the civil action.


Sec. 08.64.350. Certification of revocation. [Repealed, § 10 ch 37 SLA 1986.]
Sec. 08.64.360. Penalty for practicing without a license or in violation of chapter.
Except for a physician assistant, a mobile intensive care paramedic, or a person licensed or authorized under another chapter of this title who engages in practices for which that person is licensed or authorized under that chapter, a person practicing medicine or osteopathy in the state without a valid license or permit is guilty of a class A misdemeanor. Each day of illegal practice is a separate offense.


Sec. 08.64.362. Limitation of liability.
An action may not be brought against a person for damages resulting from a report made in good faith to a public agency by the person or participation by the person in an investigation by a public agency or an administrative or judicial proceeding relating to the report if the report relates to a person licensed under this chapter.


Sec. 08.64.363. Maximum dosage for opioid prescriptions.
 (a) A licensee may not issue
     (1) an initial prescription for an opioid that exceeds a seven-day supply to an adult patient for outpatient use;

     (2) a prescription for an opioid that exceeds a seven-day supply to a minor; at the time a licensee writes a prescription for an opioid for a minor, the licensee shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use.

 (b) Notwithstanding (a) of this section, a licensee may issue a prescription for an opioid that exceeds a seven-day supply to an adult or minor patient if, in the professional medical judgment of the licensee, more than a seven-day supply of an opioid is necessary for
     (1) the patient’s acute medical condition, chronic pain management, pain associated with cancer, or pain experienced while the patient is in palliative care; the licensee may write a prescription for an opioid for the quantity needed to treat the patient’s medical condition, chronic pain, pain associated with cancer, or pain experienced while the patient is in palliative care; the licensee shall document in the patient’s medical record the condition triggering the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition;

     (2) a patient who is unable to access a practitioner within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the licensee may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the licensee shall document in the patient’s medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in AS 11.71.900; or

     (3) the treatment of a patient’s substance abuse or opioid dependence; the licensee may write a prescription for an opioid approved for the treatment of substance abuse or opioid dependence for the quantity needed to treat the patient’s substance abuse or opioid dependence; the licensee shall document in the patient’s medical record the reason for the prescription of an opioid approved for the treatment of substance abuse or opioid dependence in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate for the treatment of substance abuse or opioid dependence.

 (c) In this section,
     (1) “adult” means
          (A) an individual who has reached 18 years of age; or

          (B) an emancipated minor;

     (2) “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590;

     (3) “minor” means an individual under 18 years of age who is not an emancipated minor.




Article 3. Miscellaneous Provisions.


Sec. 08.64.364. Prescription of drugs without physical examination.
 (a) The board may not impose disciplinary sanctions on a physician for rendering a diagnosis, providing treatment, or prescribing, dispensing, or administering a prescription drug that is not a controlled substance to a person without conducting a physical examination if
     (1) the physician or another licensed health care provider or physician in the physician’s group practice is available to provide follow-up care; and

     (2) the physician requests that the person consent to sending a copy of all records of the encounter to the person’s primary care provider if the prescribing physician is not the person’s primary care provider, and, if the patient consents, the physician sends the records to the person’s primary care provider.

 (b) The board may not impose disciplinary sanctions on a physician for prescribing, dispensing, or administering a prescription drug that is a controlled substance or botulinum toxin if the requirements under (a) of this section and AS 08.64.363 are met and the physician prescribes, dispenses, or administers the controlled substance or botulinum toxin when an appropriate licensed health care provider is present with the patient to assist the physician with examination, diagnosis, and treatment.

 (c) Notwithstanding (a) and (c) of this section, a physician may not
     (1) prescribe, dispense, or administer an abortion-inducing drug under (a) of this section unless the physician complies with AS 18.16.010; or

     (2) prescribe, dispense, or administer a prescription drug in response to an Internet questionnaire or electronic mail message to a person with whom the physician does not have a prior physician-patient relationship.

 (d) In this section,
     (1) “controlled substance” has the meaning given in AS 11.71.900;

     (2) “prescription drug” has the meaning given in AS 08.80.480;

     (3) “primary care provider” has the meaning given in AS 21.07.250.




Sec. 08.64.365. Physicians acting under emergency circumstances. [Repealed, § 46 ch 102 SLA 1976.]
Sec. 08.64.366. Liability for services rendered by a mobile intensive care paramedic.
An act or omission of a mobile intensive care paramedic done or omitted in good faith while rendering emergency service to a person who is in need of immediate aid in order to avoid serious harm or loss of life does not impose any liability upon the mobile intensive care paramedic, the supervising physician, a hospital, the officers, members of the staff, nurses, or other employees of a hospital or upon a federal, state, borough, city or other local governmental unit or upon other employees of a governmental unit; however, this section does not relieve a physician or a hospital of a duty otherwise imposed by law upon the physician or hospital for the designation or training of a mobile intensive care paramedic or for the provision or maintenance of equipment to be used by the mobile intensive care paramedic.


Sec. 08.64.367. Use of amygdalin (laetrile).
 (a) A physician may not be subject to disciplinary action by the State Medical Board for prescribing or administering amygdalin (laetrile) to a patient under the physician’s care who has requested the substance unless the State Medical Board in a hearing conducted under AS 44.62 (Administrative Procedure Act) has made a formal finding that the substance is harmful.

 (b) A hospital or health facility may not interfere with the physician-patient relationship by restricting or forbidding the use of amygdalin (laetrile) when prescribed or administered by a physician and requested by a patient unless the substance as prescribed or administered by the physician is found to be harmful by the State Medical Board in a hearing conducted under the provisions of AS 44.62 (Administrative Procedure Act).




Sec. 08.64.368. Permits for isolated areas. [Repealed, § 27 ch 148 SLA 1970.]
Sec. 08.64.369. Health care professionals to report certain injuries.
 (a) A health care professional who initially treats or attends to a person with an injury described in (b) of this section shall make certain that an oral report of the injury is made promptly to the Department of Public Safety, a local law enforcement agency, or a village public safety officer. The health care professional shall make certain that a written report of an injury described in (b)(1) or (2) of this section is submitted to the Department of Public Safety within three working days after the person is treated. The report shall be on a form provided by the Department of Public Safety.

 (b) The following injuries shall be reported under (a) of this section:
     (1) second or third degree burns to five percent or more of a patient’s body;

     (2) a burn to a patient’s upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;

     (3) a bullet wound, powder burn, or other injury apparently caused by the discharge of a firearm;

     (4) an injury apparently caused by a knife, axe, or other sharp or pointed instrument, unless the injury was clearly accidental; and

     (5) an injury that is likely to cause the death of the patient, unless the injury was clearly accidental.

 (c) A person who, in good faith, makes a report under this section, or who participates in judicial proceedings related to a report under this section, is immune from any civil or criminal liability that might otherwise be incurred as a result of making such a report or participating in the judicial proceedings.

 (d) In this section, “health care professional” includes an emergency medical technician certified under AS 18.08, health aide, physician, nurse, mobile intensive care paramedic, and physician assistant, but does not include a practitioner of religious healing.




Article 4. General Provisions.


Sec. 08.64.370. Exceptions to application of chapter.
This chapter does not apply to
     (1) officers in the regular medical service of the armed services of the United States or the United States Public Health Service while in the discharge of their official duties;

     (2) a physician or osteopath, who is not a resident of this state, who is asked by a physician or osteopath licensed in this state to help in the diagnosis or treatment of a case;

     (3) the practice of the religious tenets of a church;

     (4) a physician in the regular medical service of the United States Public Health Service or the armed services of the United States volunteering services without pay or other remuneration to a hospital, clinic, medical office, or other medical facility in the state;

     (5) a person who is certified as a direct-entry midwife by the department under AS 08.65 while engaged in the practice of midwifery whether or not the person accepts compensation for those services.




Sec. 08.64.380. Definitions.
In this chapter,
     (1) “board” means the State Medical Board;

     (2) “department” means the Department of Commerce, Community, and Economic Development;

     (3) “emergency lifesaving service” means medical assistance given to a person whose physical condition, in the opinion of a reasonably prudent person, is such that the person’s life is endangered;

     (4) “mobile intensive care paramedic” means an individual licensed by the board who has successfully completed a paramedic training program certified under AS 18.08 and is authorized by law to provide advanced life support under the direct or indirect supervision of a physician;

     (5) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160;

     (6) “practice of medicine” or “practice of osteopathy” means:
          (A) for a fee, donation or other consideration, to diagnose, treat, operate on, prescribe for, or administer to, any human ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other mental or physical condition; or to attempt to perform or represent that a person is authorized to perform any of the acts set out in this subparagraph;

          (B) to use or publicly display a title in connection with a person’s name including “doctor of medicine,” “physician,” “M.D.,” or “doctor of osteopathic medicine” or “D.O.” or a specialist designation including “surgeon,” “dermatologist,” or a similar title in such a manner as to show that the person is willing or qualified to diagnose or treat the sick or injured;

     (7) “practice of podiatry” means the medical, mechanical, and surgical treatment of ailments of the foot, the muscles and tendons of the leg governing the functions of the foot, and superficial lesions of the hand other than those associated with trauma; the use of preparations, medicines, and drugs as are necessary for the treatment of these ailments; the treatment of the local manifestations of systemic diseases as they appear in the hand and foot, except that
          (A) a patient shall be concurrently referred to a physician or osteopath for the treatment of the systemic disease itself;

          (B) general anaesthetics may be used only in colleges of podiatry approved by the State Medical Board and in hospitals approved by the joint commission on the accreditation of hospitals, or the American Osteopathic Association; and

          (C) the use of X-ray or radium for therapeutic purposes is not permitted.




Chapter 65. Direct-Entry Midwives.

Sec. 08.65.010. Board established.
 (a) There is established the Board of Certified Direct-Entry Midwives.

 (b) The board consists of five members appointed by the governor subject to confirmation by the legislature in joint session. Members serve for staggered terms of four years and, except as provided in AS 39.05.080(4), each member serves until a successor is appointed and qualified. The board consists of two members who are certified in this state as direct-entry midwives, one physician licensed by the State Medical Board in this state who has an obstetrical practice or has specialized training in obstetrics, one certified nurse midwife licensed by the Board of Nursing in this state, and one public member.

 (c) The board shall elect a chair and a secretary from among its members to terms of one year.

 (d) A member may serve no more than two complete consecutive terms on the board.




Sec. 08.65.020. Meetings.
The board shall meet twice annually and may hold special meetings at the call of the chair or on the written notice of two board members.


Sec. 08.65.030. Duties and powers of board.
 (a) The board shall
     (1) examine applicants and issue certificates to those applicants it finds qualified;

     (2) adopt regulations establishing certification and certificate renewal requirements;

     (3) issue permits to apprentice direct-entry midwives;

     (4) hold hearings and order the disciplinary sanction of a person who violates this chapter or a regulation of the board;

     (5) supply forms for applications, licenses, permits, certificates, and other papers and records;

     (6) enforce the provisions of this chapter and adopt regulations necessary to make the provisions of this chapter effective;

     (7) approve curricula and adopt standards for basic education, training, and apprentice programs;

     (8) provide for surveys of the basic direct-entry midwife education programs in the state at the times it considers necessary;

     (9) approve education, training, and apprentice programs that meet the requirements of this chapter and of the board, and deny, revoke, or suspend approval of those programs for failure to meet the requirements;

     (10) adopt regulations establishing practice requirements for certified direct-entry midwives under AS 08.65.140.

 (b) The board may by regulation require that a certified direct-entry midwife undergo a uniform or random period of peer review to ensure the quality of care provided by the certified direct-entry midwife.




Sec. 08.65.040. Administrative Procedure Act.
AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.


Sec. 08.65.050. Qualifications for license.
The board shall issue a certificate to practice direct-entry midwifery to a person who
     (1) applies on a form provided by the board;

     (2) pays the fees required under AS 08.65.100;

     (3) furnishes evidence satisfactory to the board that the person has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.65.110;

     (4) furnishes evidence satisfactory to the board that the person has completed a course of study and supervised clinical experience; the study and experience must be of at least one year’s duration;

     (5) successfully completes the examination required by the board.




Sec. 08.65.060. Examinations.
The board shall conduct examinations at least once each year. Examinations may be written, oral, or practical or a combination of these. The board shall utilize the examination provided by a nationally certified midwives organization recognized by the board. An applicant who has failed the examination may not retake the examination for a period of six months. An applicant who has failed the examination more than one time may not retake the examination unless the applicant has participated in or successfully completed further education and training programs as prescribed by the board. The board may require an applicant to pass an examination about Alaska laws that are applicable to the profession of direct-entry midwives.


Sec. 08.65.070. Licensure by credentials.
The board may by regulation provide for the certification without examination of a person who meets the requirements of AS 08.65.050(1) — (4), who is currently licensed in another state with licensing requirements at least equivalent in scope, quality, and difficulty to those of this state, and who has passed the national examination required of certified direct-entry midwives in this state. At a minimum, an applicant for certification by credentials
     (1) may not be the subject of an unresolved complaint or disciplinary action before a regulatory authority in this state or another jurisdiction;

     (2) may not have failed the examination for a certificate or license to practice midwifery in this state;

     (3) may not have had a certificate or license to practice midwifery revoked in this state or another jurisdiction;

     (4) shall submit proof of continued competency satisfactory to the board; and

     (5) shall pay the required fees.




Sec. 08.65.080. Renewal.
A certificate issued under AS 08.65.050 or 08.65.070 expires on a date determined by the board and may be renewed every two years upon payment of the required fee and the submission of evidence satisfactory to the board that the certified direct-entry midwife has met the continuing education requirements of the board, has demonstrated continued practical professional competence under regulations adopted by the board, and has not committed an act that is a ground for discipline under AS 08.65.110.


Sec. 08.65.090. Apprentice direct-entry midwives.
 (a) The board shall issue a permit to practice as an apprentice direct-entry midwife to a person who satisfies the requirements of AS 08.65.050(1) — (3) and who has been accepted into a program of education, training, and apprenticeship approved by the board under AS 08.65.030. A permit application under this section must include information the board may require. The permit is valid for a term of two years and may be renewed in accordance with regulations adopted by the board.

 (b) An apprentice direct-entry midwife may perform all the activities of a certified direct-entry midwife if supervised in a manner prescribed by the board by
     (1) A certified direct-entry midwife who has been licensed and practicing in this state for at least two years and has acted as a primary or assistant midwife at 50 or more births since the date the certified direct-entry midwife was first licensed;

     (2) a certified direct-entry midwife who has been licensed for at least two years in a state with licensing requirements at least equivalent in scope, quality, and difficulty to those of this state at the time of licensing, has practiced midwifery for the last two years, and has acted as a primary or assistant midwife at 50 or more births since the date the certified direct-entry midwife was first licensed;

     (3) a physician licensed in this state with an obstetrical practice at the time of undertaking the apprenticeship; or

     (4) a certified nurse midwife licensed by the Board of Nursing in this state with an obstetrical practice at the time of undertaking the apprenticeship.




Sec. 08.65.100. Fees.
The department shall set fees under AS 08.01.065 to implement this chapter.


Sec. 08.65.110. Grounds for discipline, suspension, or revocation of certification.
The board may impose a disciplinary sanction on a person holding a certificate or permit under this chapter if the board finds that the person
     (1) secured a certificate or permit through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) intentionally or negligently engaged in or permitted the performance of client care by persons under the certified direct-entry midwife’s supervision that does not conform to minimum professional standards regardless of whether actual injury to the client occurred;

     (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;

     (7) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) failure to keep informed of current professional practices;

          (C) addiction or severe dependency on alcohol or other drugs that impairs the ability to practice safely;

          (D) physical or mental disability;

     (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to clients.




Sec. 08.65.120. Disciplinary sanctions.
 (a) When it finds that a person holding a certificate or permit is guilty of an offense under AS 08.65.110, the board, in addition to the powers provided in AS 08.01.075, may impose the following sanctions singly or in combination:
     (1) permanently revoke a certificate or permit to practice;

     (2) suspend a certificate or permit for a determinate period of time;

     (3) censure a person holding a certificate or permit;

     (4) issue a letter of reprimand;

     (5) place a person holding a certificate or permit on probationary status and require the person to
          (A) report regularly to the board upon matters involving the basis of probation;

          (B) limit practice to those areas prescribed;

          (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the board to need improvement;

     (6) impose limitations or conditions on the practice of a person holding a certificate or permit.

 (b) The board may withdraw probationary status if it finds that the deficiencies that required the sanction have been remedied.

 (c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) not later than seven days after the effective date of the order, and the person may appeal the suspension after a hearing to a court of competent jurisdiction.

 (d) The board may reinstate a certificate or permit that has been suspended or revoked if the board finds after a hearing that the applicant is able to practice with reasonable skill and safety.

 (e) The board shall seek consistency in the application of disciplinary sanctions, and significant departure from prior decisions involving similar situations shall be explained in findings of fact or orders.




Sec. 08.65.130. Criminal penalty.
A person who violates this chapter is guilty of a class B misdemeanor.


Sec. 08.65.140. Required practices.
The board shall adopt regulations regarding the practice of direct-entry midwifery. At a minimum, the regulations must require that a certified direct-entry midwife
     (1) recommend, before care or delivery of a client, that the client undergo a physical examination performed by a physician, physician assistant, or advanced practice registered nurse who is licensed in this state;

     (2) obtain informed consent from a client before onset of labor;

     (3) comply with AS 18.15.150 regarding taking of blood samples, AS 18.15.200 regarding screening of phenylketonuria (PKU), AS 18.50.160 regarding birth registration, AS 18.50.230 regarding registration of deaths, AS 18.50.240 regarding fetal death registration, and regulations adopted by the Department of Health and Social Services concerning prophylactic treatment of the eyes of newborn infants;

     (4) not knowingly deliver a woman with certain types of health conditions, prior history, or complications as specified by the board.




Sec. 08.65.150. Prohibited practices.
Except as provided in AS 08.65.170, a person who is not certified under this chapter as a direct-entry midwife may not practice midwifery for compensation.


Sec. 08.65.160. Certification required if designation used.
A person who is not certified under this chapter or whose certification is suspended or revoked, or whose certification has lapsed, who knowingly uses in connection with the person’s name the words or letters “C.D.M.,” “Certified Direct-Entry Midwife,” or other letters, words, or insignia indicating or implying that the person is certified as a direct-entry midwife by this state or who in any way, orally or in writing, directly or by implication, knowingly holds out as being certified by the state as a direct-entry midwife in this state is guilty of a class B misdemeanor.


Sec. 08.65.170. Exclusions.
This chapter does not apply to a person
     (1) who is licensed as a physician in this state;

     (2) who is licensed as a certified nurse midwife by the Board of Nursing in this state.

     (3) [Repealed, § 6 ch 99 SLA 2014.]
     (4) [Repealed, § 6 ch 99 SLA 2014.]




Sec. 08.65.180. Responsibility for care.
If a certified direct-entry midwife seeks to consult with or refer a patient to a licensed physician, the responsibility of the physician for the patient does not begin until the patient is physically within the physician’s care.


Sec. 08.65.190. Definitions.
In this chapter,
     (1) “board” means the Board of Certified Direct-Entry Midwives;

     (2) “department” means the Department of Commerce, Community, and Economic Development;

     (3) “practice of midwifery” means providing necessary supervision, health care, preventative measures, and education to women during pregnancy, labor, and the postpartum period; conducting deliveries on the midwife’s own responsibility; providing immediate postpartum care of the newborn infant, well-baby care for the infant through the age of four weeks, and preventative measures for the infant; identifying physical, social, and emotional needs of the newborn and the woman; arranging for consultation, referral, and continued involvement of the midwife on a collaborative basis when the care required extends beyond the scope of practice of the midwife; providing direct supervision of student and apprentice midwives; and executing emergency measures in the absence of medical assistance, as specified in regulations adopted by the board.




Chapter 66. Motor Vehicle Dealers and Buyers’ Agents.

Sec. 08.66.010. Dealers to register.
A dealer in motor vehicles shall, as a condition to engaging in business in the state, register biennially with the department.


Sec. 08.66.015. Sale of motor vehicle.
 (a) A person who does business as a dealer in the state may not offer to sell or sell a motor vehicle as a new motor vehicle unless
     (1) the motor vehicle retains the manufacturer’s certificate of origin; and

     (2) the dealer has a current sales and service agreement with the manufacturer of the motor vehicle for sales in this state.

 (b) [Repealed, § 2 ch 61 SLA 2006.]




Sec. 08.66.020. Application, bond, and fee.
Application for dealer registration shall be accompanied by a biennial registration fee of $50 and a bond required by AS 08.66.060.


Sec. 08.66.030. Form of application.
The department shall prescribe and furnish the form of application for dealer registration under AS 08.66.010. The application must contain
     (1) the name under which the business is conducted;

     (2) the location of the business;

     (3) the name and address of all persons having an interest in the business and, in the case of a corporation, the application shall contain the name and address of the two principal officers;

     (4) the name and make of all vehicles handled;

     (5) a statement of whether or not used vehicles are handled;

     (6) a statement that the applicant is a bona fide dealer in motor vehicles with an established business at the location given;

     (7) if the applicant sells a motor vehicle as a new or current model motor vehicle having a manufacturer’s warranty, the name of the manufacturer of the motor vehicle and the date and duration of the applicant’s sales and service agreement with the manufacturer; and

     (8) other information the department requires to administer this chapter.




Sec. 08.66.040. Filing application for registration.
The application shall be filed with the department. Upon receipt of the application, the department shall examine it and may make an investigation of the information in it. If the department is satisfied that the dealer is entitled to registration, and the fees have been paid and a bond filed, the department shall assign a distinctive registration number to the dealer and file the dealer’s application and index it alphabetically and numerically. A dealer is registered when the department assigns a registration number.


Sec. 08.66.050. Renewal of registration.
A dealer shall renew the registration required by this chapter before January 1 every two years.


Sec. 08.66.060. Bond.
 (a) An applicant for a dealer registration under AS 08.66.010 shall file with the application and shall maintain in force while registered a bond in favor of the state that is executed by a surety approved by the commissioner. The amount of the bond shall be $50,000, except that the amount of a bond for a dealer who sells only motorcycles shall be $25,000. The bond must be conditioned on the dealer’s
     (1) doing business in compliance with this chapter and the other laws of this state; and

     (2) not committing fraud or making fraudulent representations in the course of doing business as a dealer.

 (b) A surety may cancel the bond required by (a) of this section by giving notice in writing to the commissioner or the commissioner’s designee. However, cancellation does not relieve a surety of liability arising before cancellation or a liability that has accrued on the bond before cancellation. The commissioner or the commissioner’s designee shall retain the cancelled bond on file and may not relieve a surety of a liability arising before cancellation or accruing on the bond before cancellation.

 (c) A bond filed under (a) of this section is valid for renewal of a dealer registration unless the surety has provided a written notice of cancellation to the commissioner.

 (d) In this section, “commissioner” means the commissioner of administration.




Sec. 08.66.070. Action on bond.
If a person suffers loss or damage by reason of fraud, fraudulent representations, or a violation of a provision of this chapter or another law of this state by a dealer, the person has a right of action against the dealer and a personal right of action against the surety upon the bond. The aggregate liability of the surety may not exceed the amount of the bond.


Sec. 08.66.080. Penalties.
A dealer who fails to register and file a bond as required by this chapter is guilty of a violation. A dealer who knowingly violates a provision of this chapter is guilty of a class A misdemeanor.


Secs. 08.66.090 — 08.66.250. Dealer defined; registration of buyer’s agent; application, bond, and fee; department approval; renewal of registration; bond; action on bond; buyer’s agent contract required; purchase agreement; fees of buyer’s agent; ownership interest prohibited; certain compensation prohibited; dual agency prohibited; records of buyer’s agent; penalty. [Repealed § 13 ch 79 SLA 2002.]
Sec. 08.66.260. Buyer’s agent contract required.
 (a) Before a buyer’s agent negotiates on behalf of a buyer the purchase of a motor vehicle from a motor vehicle dealer, the buyer’s agent must have a written contract with the buyer.

 (b) The contract required by (a) of this section must include a description of the specific services to be provided by the buyer’s agent, the date when the buyer’s agent will provide the services, and a description of the fees that the buyer’s agent will charge, including any fee that the buyer is to pay before the motor vehicle is delivered to the buyer.




Sec. 08.66.270. Purchase agreement.
A buyer’s agent shall arrange for the buyer’s purchase agreement with the dealer to provide all warranty information, including the warranty expiration date, mileage limitations, and other restrictions. The warranty information must be specific to the motor vehicle being purchased.


Sec. 08.66.280. Fees of buyer’s agent.
 (a) A buyer’s agent may not collect a fee from a buyer before the agent and the buyer enter into the contract required by AS 08.66.260.

 (b) A buyer’s agent may not calculate the fee of the buyer’s agent as a percentage of the motor vehicle purchase price or of the savings achieved by the agent for the buyer on the purchase of the motor vehicle.

 (c) Until the motor vehicle is delivered to the buyer, a buyer’s agent shall hold in trust in a bank account a fee that the agent receives before the buyer receives the motor vehicle.




Sec. 08.66.290. Ownership interest prohibited.
A buyer’s agent may not own an interest in the motor vehicle that is the subject of the purchase that the agent is negotiating for the buyer.


Sec. 08.66.300. Certain compensation prohibited.
A buyer’s agent may not accept a rebate, kickback, commission, or other form of compensation from a financial institution, motor vehicle dealer, or other person, except the buyer, on a motor vehicle purchase that the agent negotiates for a buyer.


Sec. 08.66.310. Dual agency prohibited.
When representing a buyer, a buyer’s agent may not act as an agent for the motor vehicle dealer.


Sec. 08.66.320. Records of buyer’s agent.
A buyer’s agent shall maintain complete records of each motor vehicle purchase the agent negotiates, including the purchase arrangements and monetary transactions. The records must include
     (1) copies of advertisements, brochures, and pamphlets issued, used, or distributed by the buyer’s agent during the sales transaction;

     (2) the original contract between the buyer’s agent and the buyer;

     (3) copies of any purchase orders issued by the buyer’s agent;

     (4) evidence of the delivery of the motor vehicle to the buyer;

     (5) a copy of the purchase agreement between the buyer and the motor vehicle dealer; and

     (6) a copy of any service agreement between the manufacturer and the motor vehicle dealer.




Sec. 08.66.330. Penalty. [Repealed, § 13 ch 79 SLA 2002.]
Sec. 08.66.350. Definitions.
In this chapter,
     (1) “buyer’s agent” means a person who does business in the state by negotiating on behalf of a buyer the purchase of a motor vehicle from a motor vehicle dealer;

     (2) “department” means the Department of Administration;

     (3) “motor vehicle” means a motor vehicle that is required to be registered under AS 28.10;

     (4) “motor vehicle dealer” or “dealer”
          (A) means
               (i) a buyer’s agent; or

               (ii) a person, other than a manufacturer, who sells, leases, solicits, or arranges for the sale or lease of five or more motor vehicles in any 12 consecutive months, regardless of who owns the vehicles;

          (B) does not include
               (i) a receiver, a trustee, an administrator, an executor, a guardian, or another person appointed by a court or a person performing duties as a public officer;

               (ii) a person disposing of a motor vehicle acquired and actually used for the person’s own use or for the use of a family member of the person, or acquiring a motor vehicle for the person’s own use or for the use of a family member of the person if the vehicle is acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

               (iii) a person who sells motor vehicles as an incident of the person’s principal business but who is not engaged primarily in the selling of motor vehicles;

               (iv) an employee of an organization arranging for the purchase or lease by the organization of a vehicle for use in the organization’s business;

               (v) a publication, broadcast, or other communications media when engaged in the business of advertising, but not otherwise arranging for the sale of a motor vehicle owned by another person.




Chapter 67. Mobile Home Dealers.

[Repealed, § 2 ch 72 SLA 1999.]

Article 1. Board of Nursing.


Chapter 68. Nursing.

Sec. 08.68.010. Creation and membership of Board of Nursing.
There is created a Board of Nursing, consisting of seven members appointed by the governor as follows:
     (1) one member shall be a licensed practical nurse who is currently engaged in licensed practical nursing and has practiced for at least two years immediately preceding appointment;

     (2) one member shall be a registered nurse engaged in nursing education at the associate, baccalaureate, or graduate degree level at an institution that holds national nursing accreditation;

     (3) one member shall be an advanced practice registered nurse who is currently engaged in advanced practice registered nursing and has practiced for at least four years immediately preceding appointment;

     (4) two members shall be registered nurses at large who are currently engaged in registered nursing and have practiced for at least four years immediately preceding appointment; and

     (5) two members shall be persons who have no direct financial interest in the health care industry.




Secs. 08.68.020 , 08.68.030. Term of office; limitation on term of service. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]
Sec. 08.68.040. Source of appointments. [Repealed, § 46 ch 102 SLA 1976.]
Sec. 08.68.050. Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020.]
Sec. 08.68.060. Qualifications of registered nurse and licensed practical nurse board members. [Repealed, § 15 ch 29 SLA 2014.]
Sec. 08.68.070. Election of officers.
The board shall annually elect a chairman and secretary from among its members.


Sec. 08.68.080. Meetings.
The board shall meet at least four times a year.


Sec. 08.68.090. Quorum.
A majority of the board constitutes a quorum.


Sec. 08.68.100. Duties and powers of board.
 (a) The board shall
     (1) [See delayed amendment note.] adopt regulations necessary to implement this chapter, including regulations
          (A) pertaining to practice as an advanced practice registered nurse, including requirements for an advanced practice registered nurse to practice as a certified registered nurse anesthetist, certified clinical nurse specialist, certified nurse practitioner, or certified nurse midwife;

          (B) necessary to implement AS 08.68.331 — 08.68.336 relating to certified nurse aides in order to protect the health, safety, and welfare of clients served by nurse aides;

          (C) pertaining to retired nurse status; and

          (D) establishing criteria for approval of practical nurse education programs that are not accredited by a national nursing accrediting body;

     (2) approve curricula and adopt standards for basic education programs that prepare persons for licensing under AS 08.68.190;

     (3) provide for surveys of the basic nursing education programs in the state at the times it considers necessary;

     (4) approve education programs that meet the requirements of this chapter and of the board, and deny, revoke, or suspend approval of education programs for failure to meet the requirements;

     (5) examine, license, and renew the licenses of qualified applicants;

     (6) prescribe requirements for competence before a former registered, advanced practice registered, or licensed practical nurse may resume the practice of nursing under this chapter;

     (7) define by regulation the qualifications and duties of the executive administrator and delegate authority to the executive administrator that is necessary to conduct board business;

     (8) develop reasonable and uniform standards for nursing practice;

     (9) publish advisory opinions regarding whether nursing practice procedures or policies comply with acceptable standards of nursing practice as defined under this chapter;

     (10) require applicants under this chapter to submit fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;

     (11) [See delayed amendment note.] require that a licensed advanced nurse practitioner who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200(o).

 (b) The board may
     (1) conduct hearings upon charges of alleged violations of this chapter or regulations adopted under it;

     (2) invoke, or request the department to invoke, disciplinary action against a licensee;

     (3) prescribe requirements for competence to continue practice.




Sec. 08.68.110. Appointment of executive officer. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.68.111. Executive administrator of the board.
 (a) The Department of Commerce, Community, and Economic Development, in consultation with the board, shall employ a licensed registered nurse who holds, at a minimum, a master’s degree in nursing and who is not a member of the board to serve as executive administrator of the board.

 (b) The executive administrator shall perform duties as prescribed by the board.

 (c) [Repealed by § 29 ch 14 SLA 1982.]
 (d) [Repealed by § 1 ch 129 SLA 1974.]




Secs. 08.68.120 — 08.68.130. Bond; disposition of fees. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.68.140. Applicability of Administrative Procedure Act.
Except as specified in AS 08.68.333(f), the board shall comply with AS 44.62 (Administrative Procedure Act).


Sec. 08.68.150. Expenses.
Members of the board are entitled to the per diem and travel expenses allowed by law.


Article 2. Examination and Licensing.


Sec. 08.68.160. License required.
A person practicing or offering to practice registered, advanced practice registered, or practical nursing in the state shall submit evidence of qualification to practice and shall be licensed under this chapter.


Sec. 08.68.165. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]
Sec. 08.68.170. Qualifications of registered or practical nurse applicants.
 (a) An applicant for a license to practice registered nursing shall submit to the board, on forms and in the manner prescribed by the board, written evidence, verified by oath, that the applicant has successfully completed a registered nurse education program accredited by a national nursing accrediting body and approved by the board.

 (b) An applicant for a license to practice practical nursing shall submit to the board, on forms and in the manner prescribed by the board, written evidence, verified by oath, that the applicant has successfully completed
     (1) a practical nurse education program accredited by a national nursing accrediting body;

     (2) a practical nurse education program that meets the criteria established by the board under AS 08.68.100; or

     (3) a registered nurse education program accredited by a national nursing accrediting body and approved by the board and, if the applicant has failed the registered nurse licensing examination, a practical nurse scope of practice course approved by the board.

 (c) An applicant for a license to practice advanced practice registered nursing shall submit to the board, on forms and in the manner prescribed by the board, written evidence, verified by oath, that the applicant
     (1) is licensed as a registered nurse in the state; and

     (2) has successfully completed an advanced practice registered nurse education program that meets the criteria established by the board under AS 08.68.100.




Sec. 08.68.180. Qualifications of certain practical nurse applicants. [Repealed, § 15 ch 29 SLA 2014.]
Sec. 08.68.190. License by examination.
 (a) An applicant for a license to practice
     (1) registered or practical nursing shall pass a registered nursing or practical nursing licensing examination as prescribed by the board;

     (2) advanced practice registered nursing shall pass an advanced practice registered nursing certification examination as prescribed by the board.

 (b) If an applicant meets the qualifications set out in AS 08.68.170 for the license for which the applicant applied, the board shall issue a license to practice
     (1) registered or practical nursing to an applicant who passes the licensing examination to practice registered or practical nursing; or

     (2) advanced practice registered nursing to an applicant who passes the advanced practice registered nursing certification examination to practice advanced practice registered nursing.




Sec. 08.68.200. License by endorsement.
 (a) The board may issue a license by endorsement to practice as a registered, advanced practice registered, or practical nurse, whichever is appropriate, to an applicant who has worked as a nurse within the past five years if the applicant is licensed as a registered, advanced practice registered, or practical nurse under the laws of another state if, in the opinion of the board, the applicant meets the qualifications required for licensing in the state and meets the requirements of AS 08.68.170.

 (b) The board may issue a license by endorsement to practice as a registered, advanced practice registered, or practical nurse, whichever is appropriate, to an applicant who has not worked as a nurse within the past five years if the applicant meets the requirements of (a) of this section and
     (1) meets the continuing competency requirements of the board; or

     (2) completes a course of study approved by the board.




Sec. 08.68.210. Temporary permits.
 (a) The board may issue a temporary permit, nonrenewable and valid for a period not exceeding six months, to an applicant for a license by endorsement if the applicant
     (1) submits proof satisfactory to the board that the applicant is currently licensed in another state under AS 08.68.200(a);

     (2) meets the requirements of AS 08.68.170; and

     (3) pays the required fee.

 (b) The board may issue a nonrenewable permit to an applicant for license by examination if the applicant meets the qualifications of AS 08.68.170. The permit is valid for a period not to exceed six months or the date on which the results of the licensing examination taken by the applicant are received by the applicant, whichever is sooner. If the applicant does not take the examination for which the applicant is scheduled, the permit lapses on the day of the examination.




Sec. 08.68.220. Fees.
The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for each of the following:
     (1) registered nursing:
          (A) application;

          (B) license by examination;

          (C) license by endorsement;

          (D) license renewal;

          (E) temporary permit;

     (2) practical nursing:
          (A) application;

          (B) license by examination;

          (C) license by endorsement;

          (D) license renewal;

          (E) temporary permit;

     (3) advanced practice registered nursing:
          (A) application;

          (B) license by certification examination;

          (C) license by endorsement;

          (D) license renewal;

          (E) temporary permit.




Sec. 08.68.230. Use of title and abbreviation.
 (a) A person licensed to practice registered nursing in the state may use the title “registered nurse” and the abbreviation “R.N”.

 (b) A person licensed to practice practical nursing in the state may use the title “licensed practical nurse” and the abbreviation “L.P.N.”

 (c) [Repealed, § 15 ch 29 SLA 2014.]
 (d) A person who holds a temporary permit to practice as a licensed practical nurse shall use the title “Temporary Licensed Practical Nurse” and the abbreviation “TLPN.”

 (e) A person licensed to practice advanced practice registered nursing in the state may use the title “advanced practice registered nurse” and the abbreviation “APRN.”

 (f) A person licensed to practice advanced practice registered nursing in the state as a
     (1) certified registered nurse anesthetist may use the title “certified registered nurse anesthetist” and the abbreviation “CRNA”;

     (2) certified clinical nurse specialist may use the title “clinical nurse specialist” and the abbreviation “CNS”;

     (3) certified nurse practitioner may use the title “certified nurse practitioner” and the abbreviation “CNP”; or

     (4) certified nurse midwife may use the title “certified nurse midwife” and the abbreviation “CNM.”




Sec. 08.68.240. Nurses licensed or holding temporary permits under previous law. [Repealed, § 15 ch 29 SLA 2014.]
Sec. 08.68.250. Renewal of license. [Repealed, § 3 ch 81 SLA 1969. For current law, see AS 08.01.100.]
Sec. 08.68.251. Lapsed licenses.
 (a) A lapsed license may be reinstated if it has not remained lapsed for more than five years by payment of the license fees for the current renewal period and the penalty fee. The board, by regulation, shall establish continuing competency and criminal background check requirements for reinstatement of a lapsed license.

 (b) If a license is lapsed for more than five years, in addition to the requirements in (a) of this section,
     (1) the board shall require the applicant to complete a course of study approved by the board or to pass an examination prescribed by the board, and to pay the fees prescribed by this chapter; or

     (2) if the board determines that the person applying for reinstatement was actively employed in nursing in another state or jurisdiction during the time that the license has lapsed in this state, the license that has lapsed may be reinstated by payment of fees and completion of the other requirements in (a) of this section.




Sec. 08.68.260. Inactive nurses. [Repealed, § 29 ch 14 SLA 1982. For current law, see AS 08.68.251.]
Sec. 08.68.265. Supervision of practical nurses.
A practical nurse shall work under the supervision of a licensed registered or advanced practice registered nurse, a licensed physician, a licensed physician assistant, or a licensed dentist.


Sec. 08.68.270. Grounds for denial, suspension, or revocation.
The board may deny, suspend, or revoke the license of a person who
     (1) has obtained or attempted to obtain a license to practice nursing by fraud or deceit;

     (2) has been convicted of a felony or other crime if the felony or other crime is substantially related to the qualifications, functions, or duties of the licensee;

     (3) habitually abuses alcoholic beverages, or illegally uses controlled substances;

     (4) has impersonated a registered, advanced practice registered, or practical nurse;

     (5) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;

     (6) practices or attempts to practice nursing while afflicted with physical or mental illness, deterioration, or disability that interferes with the individual’s performance of nursing functions;

     (7) is guilty of unprofessional conduct as defined by regulations adopted by the board;

     (8) has wilfully or repeatedly violated a provision of this chapter or regulations adopted under this chapter or AS 08.01;

     (9) is professionally incompetent;

     (10) denies care or treatment to a patient or person seeking assistance if the sole reason for the denial is the failure or refusal of the patient or person seeking assistance to agree to arbitrate as provided in AS 09.55.535(a);

     (11) has prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.68.705; or

     (12) has procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action or harm to the patient.




Sec. 08.68.275. Disciplinary sanctions.
 (a) The board may take the following disciplinary actions singly or in combination:
     (1) permanently revoke a license or permit to practice;

     (2) suspend a license for a stated period of time;

     (3) censure a licensee;

     (4) issue a letter of reprimand;

     (5) impose limitations or conditions on the professional practice of a licensee;

     (6) impose peer review;

     (7) impose professional education requirements until a satisfactory degree of skill has been attained in those aspects of professional practice determined by the board to need improvement;

     (8) impose probation and require the licensee to report regularly to the board upon matters involving the basis for the probation;

     (9) accept a voluntary surrender of a license.

 (b) The board may withdraw probation status if it finds that the deficiencies that required the sanction have been remedied.

 (c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.

 (d) The board may reinstate a license that has been suspended or revoked if the board finds, after a hearing, that the applicant is able to practice with skill and safety.

 (e) The board may return a license that has been voluntarily surrendered if the board determines that the licensee is competent to resume practice and that the applicable renewal fees are paid.

 (f) The board shall seek consistency in the application of disciplinary sanctions. A significant departure from prior decisions involving similar situations shall be explained in the findings of fact or order.




Sec. 08.68.276. Continuing competence required. [See delayed amendment note.]
A license to practice nursing may not be renewed unless the nurse has complied with continuing competence requirements established by the board by regulation.


Sec. 08.68.277. Duty of employers to report.
 (a) An employer of a nurse licensed under this chapter or a nurse aide certified under this chapter practicing within the scope of that license or certification that discharges or suspends a nurse or nurse aide or conditions or restricts the practice of a nurse or nurse aide shall, within seven working days after the action, report to the board the name and address of the person and the reason for the action. An employer shall report to the board the name and address of a nurse or nurse aide who resigns while under investigation by the employer. The requirement of an employer to report under this section applies only to a discharge, suspension, or restriction of practice that is based on a ground allowing action by the board under AS 08.68.270 or 08.68.334 or for conduct prohibited under AS 08.68.340.

 (b) Upon receipt of a report under (a) of this section, the board shall investigate the matter and take appropriate action under AS 08.68.275.




Sec. 08.68.278. Immunity for certain reports to the board.
A person who, in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a nurse licensed under this chapter, a nurse aide certified under this chapter, or an employer of a nurse licensed under this chapter or a nurse aide certified under this chapter who reports to the board the information required under AS 08.68.277 is not liable in a civil action for damages resulting from the reporting of the information.


Sec. 08.68.279. Whistleblower protection for nurses concerning delegated duties.
An employer may not discharge, threaten, or otherwise discriminate against a nurse employed by the employer regarding the nurse’s compensation, terms, conditions, location, or privileges of employment for the nurse’s refusal to perform a task involving nursing care delegated to the nurse by the nurse’s superior if
     (1) the nurse alleges that the task was improperly delegated;

     (2) the nurse reports the attempted improper delegation to the Board of Nursing within 24 hours after the attempted delegation was made; and

     (3) the Board of Nursing finds that the task was improperly delegated.




Article 3. Nursing Education Programs.


Sec. 08.68.280. Nursing education program prohibited unless approved.
A person, institution, or agency may not conduct a nursing education program that prepares persons for examination or licensing unless the program is approved by the board. A program may be approved by the board only if it is established through an approved postsecondary educational institution.


Sec. 08.68.290. Application for accreditation.
An institution desiring to conduct a nursing education program to prepare registered, advanced practice registered, or practical nurses shall apply to the board and submit evidence that it is prepared to
     (1) carry out the curriculum approved by the board for registered nursing, advanced practice registered nursing, or practical nursing; and

     (2) meet other standards established by law and by the board.




Secs. 08.68.300 — 08.68.320. Accreditation by board. [Repealed, § 29 ch 14 SLA 1982.]
Sec. 08.68.330. List of approved programs.
The board shall prepare, maintain, and from time to time publish a list of approved nursing education programs in the state.


Article 4. Certified Nurse Aides.


Sec. 08.68.331. Certification of nurse aides.
 (a) The board or the Department of Commerce, Community, and Economic Development, as designated by the board, shall issue certification as a nurse aide to qualified applicants. The board, after consultation with affected agencies, may adopt regulations regarding the certification of nurse aides, including
     (1) the training, educational, and other qualifications for certification that will ensure that the nurse aides are competent to perform the tasks of their occupation;

     (2) application, certification, renewal, and revocation procedures; and

     (3) maintenance of a registry of certified nurse aides.

 (b) The board may
     (1) conduct hearings upon charges of alleged violations of this chapter or regulations adopted under it; and

     (2) invoke, or request the department to invoke, disciplinary action under AS 08.01.075 against a certified nurse aide.




Sec. 08.68.332. Use of title.
 (a) A person may not use the title “certified nurse aide” or the abbreviation “C.N.A.” unless the person is certified under this chapter.

 (b) A person who knowingly violates this section is guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900(a).




Sec. 08.68.333. Registry of certified nurse aides.
 (a) The board shall maintain a registry of certified nurse aides. At a minimum, this registry must include the information required under federal regulations that are applicable to nurse aides found to have committed abuse, neglect, or misappropriation of property in connection with their employment by a facility participating in the Medicaid or Medicare program.

 (b) If the board finds that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with employment as a nurse aide, the board shall revoke the nurse aide’s certification and enter the finding in the registry.

 (c) Upon receiving a notice of a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the board shall immediately revoke the nurse aide’s certification without a hearing, enter the finding in the registry, and notify the nurse aide of the revocation and entry of the finding. Notice is considered given when delivered personally to the nurse aide or deposited in the United States mail addressed to the nurse aide’s last known mailing address on file with the board. The department shall retain proof of mailing.

 (d) If the certified nurse aide is employed in a skilled nursing facility or a nursing facility, other than an intermediate care facility for persons with intellectual and developmental disabilities, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the Board of Nursing, a finding that the certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide’s employment at the facility.

 (e) The board shall establish procedures under which a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property and the resulting revocation of certification will be removed from the registry if the certified nurse aide requests a hearing and can establish mistaken identity or the finding has been set aside by the reporting agency or by a court of competent jurisdiction.

 (f) AS 44.62.330 — 44.62.630 do not apply to actions taken under (c) of this section.




Sec. 08.68.334. Grounds for denial, suspension, or revocation of certificate.
The board may deny a certification to, or impose a disciplinary sanction authorized under AS 08.01.075 against, a person who
     (1) has obtained or attempted to obtain certification as a nurse aide by fraud, deceit, or intentional misrepresentation;

     (2) has been convicted of a crime substantially related to the qualifications, functions, or duties of a certified nurse aide;

     (3) has impersonated a registered, advanced practice registered, or practical nurse or other licensed health care provider;

     (4) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;

     (5) is incapable of working as a certified nurse aide with reasonable skill, competence, and safety for the public because of
          (A) professional incompetence;

          (B) addiction or severe dependency on alcohol or a drug that impairs the licensee’s ability to practice safely;

          (C) physical or mental disability; or

          (D) other factors determined by the board;

     (6) has knowingly or repeatedly failed to comply with this chapter, a regulation adopted under this chapter, or with an order of the board; or

     (7) has misappropriated the property of, abused, or neglected a client.




Sec. 08.68.335. Immunity for certain reports to the board.
A person who, in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a certified nurse aide is not liable in a civil action for damages resulting from the reporting of the information.


Sec. 08.68.336. Fees.
The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for certified nurse aides for each of the following:
     (1) application;

     (2) examination;

     (3) certification; and

     (4) renewal of certification.




Article 5. Unlawful Acts.


Sec. 08.68.340. Prohibited conduct.
 (a) It is a class B misdemeanor for a person to
     (1) practice nursing under a diploma, license, or record that is unlawfully obtained, signed, or issued;

     (2) practice or offer to practice nursing without a license, unless the person is practicing within the scope of a delegation properly made under AS 08.68.805 or is giving necessary aid to the ill, injured, or infirm in an emergency;

     (3) employ as a nurse a person who is not licensed to practice nursing;

     (4) use in connection with the person’s name a designation that implies that the person is a licensed nurse unless the person is licensed;

     (5) practice nursing during the time that the person’s license is suspended or revoked;

     (6) practice nursing with knowledge that the person’s license has lapsed;

     (7) conduct a nursing education program and represent or imply that it is accredited by the board, unless the program has been accredited by the board.

 (b) It is a class A misdemeanor for a person to knowingly or intentionally do any of the acts described in (a)(1) — (5) and (7) of this section.

 (c) It is a violation for a person to practice nursing during the time that the person’s license has lapsed if the person does not know that the license has lapsed.




Sec. 08.68.350. Punishment for misdemeanor. [Repealed, § 29 ch 14 SLA 1982.]
Sec. 08.68.360. Unlicensed practice a public nuisance.
The practice of registered, advanced practice registered, or practical nursing for compensation by a person who is not licensed, or whose license is suspended, or revoked, or expired, is declared to be inimical to the public welfare and to constitute a public nuisance.


Sec. 08.68.370. Application for injunction.
The board may apply for an injunction in a competent court to enjoin a person not licensed or whose license is suspended or revoked or expired from practicing registered, advanced practice registered, or practical nursing. The court may issue a temporary injunction enjoining the defendant from practicing registered, advanced practice registered, or practical nursing.


Sec. 08.68.380. Issuance of injunction.
If it is established that the defendant has been or is practicing registered, advanced practice registered, or practical nursing without a license or has been or is practicing nursing after the defendant’s license has been suspended or revoked, or has expired, the court may enjoin the defendant from further practice.


Sec. 08.68.390. Remedy not exclusive.
If a person violates an injunction issued under this section, the person may be punished for contempt of court. The injunction proceeding is in addition to other penalties and remedies provided in this chapter.


Sec. 08.68.395. [Renumbered as AS 08.68.700.]
Sec. 08.68.400. [Renumbered as AS 08.68.800.]
Sec. 08.68.405. [Renumbered as AS 08.68.805.]
Sec. 08.68.410. [Renumbered as AS 08.68.850.]

Article 6. Miscellaneous Provisions.


Sec. 08.68.700. Determination of death by registered nurse.
 (a) A registered nurse licensed under this chapter may make a determination and pronouncement of death of a person under the following circumstances:
     (1) an attending physician has documented in the person’s medical or clinical record that the person’s death is anticipated due to illness, infirmity, or disease; this prognosis is valid for purposes of this section for no more than 120 days from the date of the documentation;

     (2) at the time of documentation under (1) of this subsection, the physician authorized in writing a specific registered nurse or nurses to make a determination and pronouncement of the person’s death; however, if the person is in a health care facility and the health care facility has complied with (d) of this section, the physician may authorize all nurses employed by the facility to make a determination and pronouncement of the person’s death.

 (b) A registered nurse who has determined and pronounced death under this section shall document the clinical criteria for the determination and pronouncement in the person’s medical or clinical record and notify the physician who determined that the prognosis for the patient was for an anticipated death. The registered nurse shall sign the death certificate, which must include the
     (1) name of the deceased;

     (2) presence of a contagious disease, if known; and

     (3) date and time of death.

 (c) Except as otherwise provided under AS 18.50.230, a physician licensed under AS 08.64 shall certify a death determined under (b) of this section within 24 hours after the pronouncement by the registered nurse.

 (d) In a health care facility in which a physician chooses to proceed under (a) of this section, written policies and procedures shall be adopted that provide for the determination and pronouncement of death by a registered nurse under this section. A registered nurse employed by a health care facility may not make a determination or pronouncement of death under this section unless the facility has written policies and procedures implementing and ensuring compliance with this section.

 (e) Notwithstanding AS 08.68.800(a)(1), this section applies to a qualified nurse described in AS 08.68.800(a)(1) who is employed by a federal health care facility.

 (f) The Department of Health and Social Services may adopt regulations to implement this section.

 (g) In this section,
     (1) “determination of death” means observation and assessment that a person is dead, as defined in AS 09.68.120;

     (2) “health care facility” means a private, municipal, state, or federal hospital, psychiatric hospital, tuberculosis hospital, skilled nursing facility, kidney disease treatment center (excluding freestanding hemodialysis units), intermediate care facility, or Alaska Pioneers’ Home or Alaska Veterans’ Home administered by the Department of Health and Social Services under AS 47.55.




Sec. 08.68.705. Maximum dosage for opioid prescriptions.
 (a) An advanced practice registered nurse may not issue
     (1) an initial prescription for an opioid that exceeds a seven-day supply to an adult patient for outpatient use;

     (2) a prescription for an opioid that exceeds a seven-day supply to a minor; at the time an advanced practice registered nurse writes a prescription for an opioid for a minor, the advanced practice registered nurse shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use.

 (b) Notwithstanding (a) of this section, an advanced practice registered nurse may issue a prescription for an opioid that exceeds a seven-day supply to an adult or minor patient if, in the professional judgment of the advanced practice registered nurse, more than a seven-day supply of an opioid is necessary for
     (1) the patient’s acute medical condition, chronic pain management, pain associated with cancer, or pain experienced while the patient is in palliative care; the advanced practice registered nurse may write a prescription for an opioid for the quantity needed to treat the patient’s medical condition, chronic pain, pain associated with cancer, or pain experienced while the patient is in palliative care; the advanced practice registered nurse shall document in the patient’s medical record the condition triggering the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; or

     (2) a patient who is unable to access a practitioner within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the advanced practice registered nurse may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the advanced practice registered nurse shall document in the patient’s medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in AS 11.71.900.

 (c) This section does not authorize an advanced practice registered nurse to prescribe a controlled substance if the advanced practice registered nurse is not otherwise authorized to prescribe a controlled substance under policies, procedures, or regulations issued or adopted by the board.

 (d) In this section,
     (1) “adult” means
          (A) an individual who has reached 18 years of age; or

          (B) an emancipated minor;

     (2) “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590;

     (3) “minor” means an individual under 18 years of age who is not an emancipated minor.




Article 7. General Provisions.


Sec. 08.68.800. Exceptions to application of chapter.
 (a) This chapter does not apply to
     (1) a qualified nurse licensed in another state employed by the United States government or a bureau, or agency, or division of the United States government while in the discharge of official duties;

     (2) nursing service given temporarily in the event of a public emergency, epidemic, or disaster;

     (3) the practice of nursing by a student enrolled in a nursing education program accredited by the board when the practice is in connection with the student’s course of study;

     (4) the practice of nursing by an individual enrolled in an approved program or course of study approved by the board to satisfy the requirements of AS 08.68.251;

     (5) the practice of nursing by a nurse licensed in another state who engages in nursing education or nursing consultation activities, if these activities and contact with clients do not exceed 20 working days within a licensing period; or

     (6) the practice of nursing by a nurse licensed in another state whose employment responsibilities include transporting patients into, out of, or through this state; however, this exception is valid for a period not to exceed 48 hours for each transport.

 (b) In this section, the word “nurses” includes registered and practical nurses, and “nursing” means registered and practical nursing.




Sec. 08.68.805. Delegation of nursing functions.
A registered, advanced practice registered, or practical nurse licensed under this chapter may delegate nursing duties to other persons, including unlicensed assistive personnel, under regulations adopted by the board. A person to whom the nursing duties are delegated may perform the delegated duties without a license or certificate under this chapter if the person meets the applicable requirements established by the board.


Sec. 08.68.850. Definitions.
In this chapter,
     (1) “advanced practice registered nurse” means a registered nurse licensed to practice in the state who, because of specialized education and experience, is certified to perform acts of medical diagnosis and the prescription and dispensing of medical, therapeutic, or corrective measures under regulations adopted by the board;

     (2) “board” means the Board of Nursing;

     (3) “certified nurse aide” is a person who is certified as a nurse aide by the board;

     (4) “incompetent” means that a nurse does not possess the skills, knowledge, and awareness of the nurse’s limitations and abilities to safely practice nursing;

     (5) “licensed practical nurse” is equivalent to the title “licensed vocational nurse” and to the name suffix abbreviations L.P.N. and L.V.N.;

     (6) “licensed registered nurse” is equivalent to the common title “registered nurse” and the name suffix abbreviation R.N.;

     (7) [Repealed, § 60 ch 33 SLA 2016.]
     (8) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160;

     (9) “practice of advanced practice registered nursing” includes, in addition to the practice of registered nursing, the performance of acts of medical diagnosis and the prescription and dispensing of medical, therapeutic, or corrective measures under regulations adopted by the board;

     (10) “practice of practical nursing” means the performance for compensation or personal profit of nursing functions that do not require the substantial specialized skill, judgment, and knowledge of a registered nurse;

     (11) “practice of registered nursing” means the performance for compensation or personal profit of acts of professional service that requires substantial specialized knowledge, judgment, and skill based on the principles of biological, physiological, behavioral, and sociological sciences in assessing and responding to the health needs of individuals, families, or communities through services that include
          (A) assessment of problems, counseling, and teaching
               (i) clients to maintain health or prevent illness; and

               (ii) in the care of the ill, injured, or infirm;

          (B) administration, supervision, delegation, and evaluation of nursing practice;

          (C) teaching others the skills of nursing;

          (D) execution of a medical regimen as prescribed by a person authorized by the state to practice medicine;

          (E) performance of other acts that require education and training that are recognized by the nursing profession as properly performed by registered nurses;

          (F) performance of acts of medical diagnosis and the prescription of medical therapeutic or corrective measures under regulations adopted by the board;

     (12) “unlicensed assistive personnel” means persons, such as orderlies, assistants, attendants, technicians, members of a nursing client’s immediate family, or the guardian of a nursing client, who are not licensed to practice practical nursing, registered nursing, medicine, or any other health occupation that requires a license in this state.




Chapter 70. Nursing Home Administrators.

Secs. 08.70.010 — 08.70.040. Board of Nursing Home Administrators; membership; election of officers; meetings. [Repealed, § 12 ch 91 SLA 1995.]
Sec. 08.70.050. Regulation by department.
 (a) The department shall
     (1) adopt standards for licensing nursing home administrators to ensure that licensees have knowledge and experience in health care and institutional administration necessary for competent administrators, and update the standards when necessary;

     (2) examine, approve issuance of licenses to, and renewal of licenses of qualified persons;

     (3) establish procedures to ensure that licensees continue to uphold the department’s standards; impose disciplinary sanctions upon persons who fail to uphold the standards;

     (4) adopt criteria for educational programs for persons preparing for the licensing examination and for the continuing education of licensees; review the educational programs available in the state and accredit the programs meeting the criteria;
adopt regulations ensuring that renewal of a license is contingent upon proof of continued competency by the licensee.

 (b) The department may adopt regulations necessary for the performance of its duties and to meet the requirements of Title 19 of the Social Security Act, the federal regulations adopted under it, and other federal requirements.




Sec. 08.70.055. Removal of board members. [Repealed, § 12 ch 91 SLA 1995.]
Secs. 08.70.060 — 08.70.070. Expenses; applicability of Administrative Procedure Act. [Repealed, § 16 ch 141 SLA 1980.]
Sec. 08.70.080. License required.
Only a licensed nursing home administrator may manage, supervise, or be generally in charge of a nursing home. The care provided by a nursing home or a licensed hospital providing nursing home care through the use of skilled nursing beds or intermediate care beds shall be supervised by a licensed nursing home administrator or by a person exempted from licensure requirements under this section. This section does not apply to persons engaged on July 1, 1980, in managing or administering an Alaska Pioneers’ Home or a hospital with skilled nursing beds or intermediate care beds.


Sec. 08.70.090. Application.
Applicants shall file applications with the Department of Commerce, Community, and Economic Development on forms provided by the department. Information requested on the forms shall be given under oath.


Sec. 08.70.110. Licensing.
 (a) The department shall license applicants who pass the written examination administered by the department and meet the standards established by the department under AS 08.70.050.

 (b) The department may issue a license without examination to a person holding a current license as a nursing home administrator from another jurisdiction, if the department finds that the standards for licensing in the other jurisdiction are substantially equivalent to those in this state, and the person is otherwise qualified.

 (c) Notwithstanding other provisions of this chapter, the department may refuse to issue a license to a person
     (1) who attempts to secure the license through deceit, fraud, or intentional misrepresentation; or

     (2) for a reason for which it may impose disciplinary sanctions under AS 08.70.155.




Sec. 08.70.120. Examination.
The purpose of the examination is to test the applicant’s knowledge of the health and safety standards of the state and the applicant’s experience in the practice of health care. The department shall determine the content, scope, format, and grading procedure. Examinations shall be given at least annually, at the time and place chosen by the department.


Sec. 08.70.130. Provisional licenses.
 (a) A provisional license may be granted without examination to a person who meets the standards adopted by the department under AS 08.70.050 and who is needed to fill a vacancy in an administrative position.

 (b) A provisional license is valid for six months and is nonrenewable.




Sec. 08.70.140. Expired licenses.
 (a) [Repealed, § 16 ch 141 SLA 1980.]
 (b) [Repealed, § 49 ch 94 SLA 1987.]
 (c) A person whose license has expired for a period of 24 months or more shall apply for a license in the same manner as an applicant who has not been licensed before.




Sec. 08.70.150. Fees.
The department shall set fees under AS 08.01.065 for examination and investigation of persons applying for a license, initial license, and license renewal.


Sec. 08.70.155. Grounds for imposition of disciplinary sanctions.
The department may impose the disciplinary sanctions authorized for boards under AS 08.01.075 or otherwise authorized for the department under AS 08.01 when it finds that a licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee’s supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;

     (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;

     (6) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction or severe dependency on alcohol or other drugs that impairs the licensee’s ability to practice safely;

          (C) physical or mental disability;

     (7) sold or furnished a license to another;

     (8) practiced as a nursing home administrator or used a designation tending to imply that the licensee is a nursing home administrator without a license issued under this chapter unless exempted from licensure requirements under AS 08.70.080.




Sec. 08.70.160. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075.]
Sec. 08.70.170. Penalties.
A person convicted of violating a provision of this chapter is guilty of a class B misdemeanor.


Sec. 08.70.175. Facilities operated by religious organizations.
Nothing in this chapter or the regulations under this chapter is to be construed as requiring a person who applies for a license as administrator of a facility operated by a religious organization relying on spiritual means alone for healing to have skills in medical techniques or educational qualifications that are not in accord with the care and treatment provided in the facility.


Sec. 08.70.180. Definitions.
In this chapter,
     (1) “department” means the Department of Commerce, Community, and Economic Development;

     (2) “license” means the certificate awarded by the department to a qualified person that entitles the person to be a nursing home administrator in this state;

     (3) “licensee” means a person who has been granted a license to be a nursing home administrator in this state by the department;

     (4) “nursing home” means a facility which is operated in connection with a hospital or in which nursing care, intermediate care, and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery within the state for the accommodation of convalescents or other persons who are not acutely ill but who do require skilled or intermediate nursing care and related medical services; the term “nursing home” is restricted to those facilities the purpose of which is to provide skilled or intermediate nursing care and related medical services for a period of not less than 24 hours a day to individuals admitted because of illness, disease or physical or mental infirmity;

     (5) “nursing home administrator” means a person who manages, supervises, or is in general charge of a nursing home, even though the duties are shared with another person; a member of a board of directors of a nursing home is an administrator only if the board member also serves in the administrative capacity defined in this paragraph.




Sec. 08.70.190. [Renumbered as AS 08.70.175.]

Article 1. Administration.


Chapter 71. Dispensing Opticians.

Secs. 08.71.010 , 08.71.020. Creation of board; membership. [Repealed, § 4 ch 19 and § 56 ch 40 SLA 2008.]
Sec. 08.71.030. Qualifications of board members. [Repealed, § 14 ch 56 SLA 1980.]
Sec. 08.71.040. Election of officers. [Repealed, § 4 ch 19 and § 56 ch 40 SLA 2008.]
Sec. 08.71.045. Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020.]
Sec. 08.71.050. Board regulations. [Repealed, § 14 ch 56 SLA 1980.]
Sec. 08.71.055. Powers and duties.
The department shall have the following powers and duties:
     (1) to issue licenses to applicants;

     (2) to renew licenses;

     (3) to hold hearings and order disciplinary sanctions against a person who violates this chapter or the regulations of the department;

     (4) to supply forms for applications, licenses, and other needed documents;

     (5) to keep a record of all proceedings open to the public, including the name of each license applicant and each licensee;

     (6) to approve nonprofit organizations for the distribution and fitting of used eyeglasses;

     (7) to enforce the provisions of this chapter and adopt or amend regulations necessary to make these provisions effective.




Secs. 08.71.060 — 08.71.070. Record of proceedings; applicability of Administrative Procedure Act. [Repealed, § 14 ch 56 SLA 1980.]

Article 2. Licensing.


Sec. 08.71.080. License required.
A person may not act as a dispensing optician in the state unless the person is licensed under this chapter. A license shall be issued for (1) the dispensing of contact lenses, or (2) the dispensing of other lenses, eyeglasses, spectacles, artificial eyes, and their appurtenances, or (3) both. The department shall by endorsement on the license designate for which aspect of dispensing opticianry the license is issued.


Sec. 08.71.085. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]
Sec. 08.71.090. Examination requirement.
To be licensed to dispense contact lenses, a person, unless eligible for licensing under AS 08.71.145, shall document to the department that the person has passed the contact lens registry examination offered by the National Contact Lens Examiners with a score acceptable to the department. In order to be licensed to dispense other lenses, eyeglasses, spectacles, artificial eyes, and their appurtenances, a person, unless eligible for licensing under AS 08.71.145, shall document to the department that the person has passed the national opticianry competency examination offered by the American Board of Opticianry with a score acceptable to the department. An applicant for licensure in both areas shall document having received a score acceptable to the department on both examinations. The department shall, by regulation, establish the scores that will be acceptable for the examinations described in this section.


Sec. 08.71.100. Administration of examination. [Repealed, § 12 ch 58 SLA 2002.]
Sec. 08.71.110. Qualifications for licensure.
 (a) The department may issue a license to a person who
     (1) has had education equivalent to four years attendance at a high school;

     (2) has either
          (A) completed at least 1,800 hours of training as an apprentice after registering with the department as an apprentice; or

          (B) been engaged for at least 1,800 hours as a practicing optician in good standing in a state, territory, district, or possession of the United States;

     (3) has passed the applicable examination required under AS 08.71.090 with a score acceptable to the department;

     (4) has passed a course designated in the department’s regulations as being acceptable; and

     (5) has paid the required license fee.

 (b) Graduation from an associate degree program in a recognized school or college of opticianry may be substituted for the experience required by (a)(2) and (4) of this section.




Sec. 08.71.120. Fees.
The department shall set fees under AS 08.01.065 for initial license and license renewal.


Sec. 08.71.130. Renewal of license.
 (a) [Repealed, § 49 ch 94 SLA 1987.]
 (b) [Repealed, § 49 ch 94 SLA 1987.]
 (c) If the license remains lapsed for more than one year, the department may require the applicant to retake and successfully pass again the applicable examination or examinations required under AS 08.71.090.

 (d) Before a license may be renewed, the licensee shall submit to the department evidence of continuing competence in optical dispensing as prescribed by regulations of the department.




Sec. 08.71.140. Display of license.
A licensed dispensing optician shall conspicuously display a personal license issued under this chapter in any place that the licensed dispensing optician transacts business.


Sec. 08.71.145. Licensure by credentials.
A person with a valid license as a dispensing optician from another state, territory, district, or possession of the United States with licensing requirements substantially equivalent to or higher than those of this state shall be issued a license under this chapter for those professional areas in which the person is licensed in the other jurisdiction upon payment of any fee and documentation that the department may require by regulation.


Sec. 08.71.150. Issuance of license by reciprocity. [Repealed, § 5 ch 92 SLA 1996.]
Sec. 08.71.160. Dispensing optician’s apprentice.
 (a) A person may be employed by or serve under a licensed physician, optometrist, or dispensing optician as an apprentice for dispensing optician tasks. An apprentice shall register with the department before beginning employment or service as an apprentice, shall be designated as an apprentice in the records of the department, and shall be in training under the regular supervision of a licensed physician, optometrist, or dispensing optician. Notwithstanding AS 08.71.180, a registered apprentice may perform dispensing optician tasks that are delegated by and performed under the regular supervision of the licensed physician, optometrist, or dispensing optician and may use the title “dispensing optician apprentice.”

 (b) No more than two apprentices may be under the direct supervision of one licensed dispensing optician at the same time.




Sec. 08.71.163. Dispensing optician’s assistant.
Notwithstanding AS 08.71.180, a person who is not a licensed dispensing optician or a registered apprentice under AS 08.71.160 may perform dispensing optician tasks that are delegated by and performed under the regular supervision of a licensed physician, optometrist, or dispensing optician. The hours spent as an assistant under this section may not be counted toward satisfaction of the training requirement in AS 08.71.110(a), and the assistant may not use a title that includes the word “optician” or “opticianry.”


Sec. 08.71.165. Delegation authorized.
A licensed physician, optometrist, or dispensing optician may delegate dispensing optician tasks to an apprentice or assistant. The licensee shall regularly supervise the performance of the delegated tasks and retains responsibility for the proper performance of the delegated tasks.


Article 3. Unlawful Acts.


Sec. 08.71.170. Prohibited conduct.
The department may revoke or suspend the license of a dispensing optician, or the licensee may be reprimanded or otherwise disciplined, when the department finds after a hearing that the licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee’s supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;

     (6) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) addiction to or severe dependency on alcohol or other drugs that impairs the licensee’s ability to practice safely;

          (C) physical or mental disability;

     (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;

     (8) participated in the division, assignment, rebate, or refund of fees to a physician or optometrist in consideration of patient referrals;

     (9) advertised the services of any other segment of the healing arts.




Sec. 08.71.175. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075.]
Sec. 08.71.180. Practicing without a license.
A person may not practice as a dispensing optician without a license issued under this chapter or while the person’s license is suspended or revoked. A person who violates this section is guilty of a class B misdemeanor.


Article 4. Miscellaneous Provisions.


Sec. 08.71.200. Contact lenses.
Contact lenses shall be fitted in conjunction with and under the supervision of a licensed physician or an optometrist and with a written contact-lens prescription showing that the prescription may be filled for contact lenses and requiring that the patient return to see the prescribing physician or optometrist. In no case may contact lenses be prepared by neutralizing a person’s eyeglasses or spectacles.


Article 5. General Provisions.


Sec. 08.71.220. Persons practicing as dispensing opticians before July 1, 1973. [Repealed, § 30 ch 6 SLA 1984.]
Sec. 08.71.230. Exemptions from and limitations on the application of this chapter.
This chapter may not be construed to
     (1) limit or restrict a licensed physician or optometrist from the practices enumerated in this chapter, and each licensed physician and optometrist has all the rights and privileges that may accrue under this chapter to dispensing opticians licensed under it;

     (2) prohibit an unlicensed person from performing mechanical work upon inert matter in an optical office, laboratory, or shop;

     (3) prohibit an unlicensed person from engaging in the sale of eyeglasses, spectacles, magnifying glasses, goggles, sunglasses, telescopes, binoculars, or any like articles that are completely preassembled and sold only as merchandise;

     (4) authorize or permit a licensee under this chapter to hold out as being able to, or to offer to, or to attempt by any means, to refract or exercise eyes, diagnose, treat, correct, relieve, operate, or prescribe for any human ailment, deficiency, deformity, disease, or injury;

     (5) limit the authority of a nonprofit organization approved by the department to distribute and fit used eyeglasses if the eyeglasses are distributed and fitted free of charge and the fitting of the eyeglasses conforms, to the extent possible, with a written prescription from a licensed physician or optometrist.




Sec. 08.71.240. Definitions.
In this chapter,
     (1) “department” means the Department of Commerce, Community, and Economic Development;

     (2) “dispensing optician” means a person who, on written prescription from a licensed physician or optometrist, prepares and dispenses to the intended wearer or person who writes the prescription, original or duplicate lenses, eyeglasses, contact lenses, and appurtenances to them, and interprets, measures, adapts, fits, and adjusts lenses, eyeglasses, contact lenses, and appurtenances to them in accordance with the written prescription, to the face for the aid or correction of visual or ocular anomalies of the human eye;

     (3) “supervision” means the provision of any needed direction, control, consultation, instruction, evaluation, and personal inspection of work being performed.




Article 1. Board of Examiners in Optometry.


Chapter 72. Optometrists.

Sec. 08.72.010. Creation and purpose of board.
There is created the Board of Examiners in Optometry to regulate and control the practice of optometry and to protect and promote the public health, welfare, and safety.


Sec. 08.72.020. Membership of board.
The board consists of five persons.


Sec. 08.72.025. Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020.]
Sec. 08.72.030. Vacancies. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]
Sec. 08.72.040. Qualifications.
Four board members shall be licensed, practicing optometrists who have been residents for at least three years. One board member shall be a public member.


Sec. 08.72.050. Regulations.
The board shall adopt regulations
     (1) necessary for the proper performances of its duties;

     (2) governing the applicants and applications for licensing;

     (3) for the licensing of optometrists;

     (4) necessary to govern the practice of optometry, including the prescription and use of pharmaceutical agents for the treatment of eye disease;

     (5) prescribing requirements that a person licensed under this chapter must meet to demonstrate continued professional competency;

     (6) developing uniform standards for the practice of optometry.




Sec. 08.72.060. Miscellaneous powers and duties of board.
 (a) The board or a member designated by the board may issue subpoenas, administer oaths, and take testimony concerning any matter within the board’s jurisdiction.

 (b) The board may
     (1) adopt a seal;

     (2) define professional conduct and adopt rules of professional conduct.

 (c) The board shall
     (1) elect a chair and secretary from among its members;

     (2) order a licensee to submit to a reasonable physical examination if the licensee’s physical capacity to practice safely is at issue;

     (3) require that a licensee who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200(o);

     (4) publish advisory opinions regarding whether optometry practice procedures or policies comply with acceptable standards of the practice of optometry, as provided under this chapter.

 (d) [Repealed by § 3 ch 59 SLA 1966.]
 (e) [Repealed by § 23 ch 75 SLA 1980.]
 (f) [Repealed by § 3 ch 59 SLA 1966.]




Sec. 08.72.070. Applicability of Administrative Procedure Act. [Repealed, § 23 ch 75 SLA 1980.]
Sec. 08.72.080. Compensation of board and secretary. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.72.090. Record of proceedings. [Repealed, § 23 ch 75 SLA 1980.]
Sec. 08.72.100. Bond of secretary. [Repealed, § 3 ch 59 SLA 1966.]

Article 2. Licensing.


Sec. 08.72.110. License required.
 (a) A person may not practice, attempt to practice, or offer to practice optometry without first obtaining a license from the board.

 (b) A person not licensed as an optometrist may not fit, sell, or dispose of or take, receive, or solicit an order for fitting, sale, or disposition of spectacles, eyeglasses, or lenses for the correction or relief of an optical or visual defect of the human eye or sell spectacles, eyeglasses, or lenses from house to house, or in the streets or highways. This chapter does not apply to the sale of toy glasses, goggles consisting of plano-white or plano-colored lenses or ordinary colored glasses, or complete ready-made spectacles and eyeglasses sold only as merchandise, or the sale or repair of eyeglass frames, or repair or replacement of lenses without pretense of adapting them to the eyes.




Sec. 08.72.115. Malpractice insurance. [Repealed, § 40 ch 117 SLA 1978.]
Sec. 08.72.120. Registration. [Repealed § 9 ch 50 SLA 1988.]
Sec. 08.72.125. Licensing of branch offices. [Repealed, § 3 ch 94 SLA 1996.]
Sec. 08.72.130. Optometry register. [Repealed, § 13 ch 37 SLA 1986.]
Sec. 08.72.140. Qualifications for licensure.
An applicant for licensure as an optometrist
     (1) shall be a graduate of a school or college of optometry recognized by the board;

     (2) may not have committed an act in any jurisdiction that would have constituted a violation of this chapter or regulations adopted under this chapter at the time the act was committed;

     (3) may not have been disciplined by an optometry licensing entity in another jurisdiction and may not be the subject of a pending disciplinary proceeding conducted by an optometry licensing entity in another jurisdiction; however, the board may consider the disciplinary action and, in the board’s discretion, determine if the person is qualified for licensure;

     (4) shall have successfully completed
          (A) the written and practical portions of an examination on ocular pharmacology approved by the board that tests the licensee’s or applicant’s knowledge of the characteristics, pharmacological effects, indications, contraindications, and emergency care associated with the prescription and use of pharmaceutical agents;

          (B) a nontopical therapeutic pharmaceutical agent course of at least 23 hours approved by the board or an examination approved by the board on the treatment and management of ocular disease; and

          (C) an optometry and nontopical therapeutic pharmaceutical agent injection course of at least seven hours approved by the board or equivalent training acceptable to the board; and

     (5) [See delayed amendment note.] shall meet other qualifications for licensure as established under this chapter and regulations adopted by the board under AS 08.72.050.




Sec. 08.72.150. Application for examination and issuance of license.
An applicant shall apply for the examination by filing an application with the department together with the examination fee by the deadline established by the department in regulations. The department may require the applicant to submit a photograph of the applicant for its files; however, the photograph may not be forwarded with the application to the board for review. Upon successful completion of the examination by the applicant and payment of the license fee, the board shall issue a license to the successful applicant. The applicant may practice optometry in the state upon receipt of the license.


Sec. 08.72.160. Examination.
 (a) The examination must consist of two sections: (1) all or part of a national or international examination designated by regulation by the board; and (2) an examination approved by the board that is designed to test the applicant’s knowledge of the laws of Alaska governing the practice of optometry and the regulations adopted under those laws.

 (b) [Repealed, § 9 ch 49 SLA 1988.]
 (c) An applicant who fails the examination may retake the examination upon payment of a fee established under AS 08.01.065.

 (d) [Repealed, § 7 ch 27 SLA 2010.]




Sec. 08.72.170. Licensure by credentials. [See delayed amendment note.]
The board shall issue a license by credentials to an applicant who
     (1) is a graduate of a school or college of optometry recognized by the board;

     (2) has passed a written examination approved by the board that is designed to test the applicant’s knowledge of the laws of Alaska governing the practice of optometry and the regulations adopted under those laws;

     (3) holds a current license to practice optometry in another state or territory of the United States or in a province of Canada that has licensure requirements that the board determines are equivalent to those established under this chapter;

     (4) at some time in the past, received a license to practice optometry from another state or territory of the United States or from a province of Canada that required the person to have passed the National Board of Examiners in Optometry examination to qualify for licensure;

     (5) was engaged in the active licensed clinical practice of optometry in a state or territory of the United States or in a province of Canada for at least 3,120 hours during the 36 months preceding the date of application under this section;

     (6) has not committed an act in any jurisdiction that would have constituted a violation of this chapter or regulations adopted under this chapter at the time the act was committed; and

     (7) has not been disciplined by an optometry licensing entity in another jurisdiction and is not the subject of a pending disciplinary proceeding conducted by an optometry licensing entity in another jurisdiction; however, the board may consider the disciplinary action and, in the board’s discretion, determine if the person is qualified for licensure.




Sec. 08.72.175. License endorsement. [Repealed, § 7 ch 27 SLA 2010.]
Sec. 08.72.180. Annual renewal of license. [Repealed, § 7 ch 94 SLA 1968.]
Sec. 08.72.181. Renewal of license.
 (a) [Repealed, § 49 ch 94 SLA 1987.]
 (b) An optometrist licensed in this state and serving in the military service of the United States, while in the discharge of official duties, may maintain eligibility to practice in this state without paying a renewal fee by registering the optometrist’s name and place of residence with the department.

 (c) An application for license renewal must contain the name, office and post office address, date and license number of the licensee, and other information the board considers necessary.

 (d) [See delayed amendment note.] Before a license may be renewed, the licensee shall submit to the board evidence that, during the preceding licensing period, the licensee has met continuing education requirements as may be prescribed by regulations of the board to ensure the continued protection of the public.

 (e) Before a license may be renewed, the licensee shall provide evidence of continued professional competency in accordance with the regulations adopted by the board under AS 08.72.050(5).




Sec. 08.72.185. Retired license status.
 (a) On retiring from practice and on payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice optometry in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from license renewal requirements of AS 08.72.181.

 (b) A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria, as determined under regulations of the board.




Sec. 08.72.190. Fee for license by reciprocity. [Repealed, § 10 ch 76 SLA 1969.]
Sec. 08.72.191. Fees.
The department shall set fees under AS 08.01.065 for the following:
     (1) examination;

     (2) reexamination;

     (3) licensure by credentials;

     (4) license;

     (5) renewal.




Secs. 08.72.200 — 08.72.220. Examination, certificate and renewal fees. [Repealed, § 10 ch 76 SLA 1969.]
Sec. 08.72.230. Fees and disbursements.
The department shall collect all fees and keep a record of each transaction, and shall remit to the Department of Revenue all money received.


Sec. 08.72.240. Grounds for imposition of disciplinary sanctions.
The board may impose disciplinary sanctions when the board finds after a hearing that a licensee
     (1) secured a license through deceit, fraud, or intentional misrepresentation;

     (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;

     (3) advertised professional services in a false or misleading manner;

     (4) has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;

     (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee’s supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;

     (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;

     (7) continued to practice after becoming unfit due to
          (A) professional incompetence;

          (B) failure to keep informed of or use current professional theories or practices;

          (C) addiction or severe dependency on alcohol or other drugs that impairs the licensee’s ability to practice safely;

          (D) physical or mental disability;

     (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;

     (9) failed to refer a patient to a physician after ascertaining the presence of ocular or systemic conditions requiring management by a physician;

     (10) prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.72.276;

     (11) procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action or harm to the patient.




Secs. 08.72.250 , 08.72.255. Disciplinary sanctions; limits or conditions on license; discipline. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075.]
Sec. 08.72.260. Revocation of license by court.
A license may be revoked by the superior court upon proof of violation of law or for a cause for which the board may refuse admittance to its examination. The attorney general shall prosecute appropriate judicial proceedings upon request of a member of the board.


Sec. 08.72.270. Practice not at place of business.
 (a) A licensed optometrist who temporarily practices optometry away from the optometrist’s regular place of business shall display a license and deliver to each patient or person fitted or supplied with glasses or contact lenses a receipt showing the optometrist’s permanent place of business or post office address and the amount charged.

 (b) This section may not be construed as permitting peddling or canvassing by licensed optometrists.




Article 3. Miscellaneous Provisions.


Sec. 08.72.272. Pharmaceutical agents.
 (a) A licensee may prescribe and use a pharmaceutical agent, including a controlled substance, in the practice of optometry if the pharmaceutical agent is used in a manner consistent with standards adopted by the board in regulation. The standards must include limitations on practice adopted under AS 08.72.278.

 (b) [Repealed, § 7 ch 27 SLA 2010.]
 (c) [Repealed, § 7 ch 27 SLA 2010.]
 (d) In this section, “controlled substance” has the meaning given in AS 11.71.900.




Sec. 08.72.273. Removal of foreign bodies.
A licensee may remove superficial foreign bodies from the eye and its appendages. This section is not intended to permit a licensee to perform invasive surgery.


Sec. 08.72.274. Exemption.
Except for AS 08.72.275, this chapter and regulations adopted under this chapter do not limit the practice of an optician licensed under AS 08.71.


Sec. 08.72.275. Lenses and frames for eyeglasses and sunglasses.
 (a) A person may not fabricate, distribute, sell, exchange, deliver or possess with intent to distribute, sell, exchange or deliver eyeglasses or sunglasses unless they are fitted with plastic lenses, laminated lenses, heat-treated glass lenses, or glass lenses made impact resistant by other methods. All plastic and heat-treated glass lenses, before they are mounted in frames, shall be capable of withstanding the impact of a five-eighths inch steel ball dropped on the lens from a height of 50 inches. The impact test shall be conducted at room temperature, with the lens supported by a plastic tube one inch inside diameter, one and one-fourth inch outside diameter, with a one-eighth inch by one-eighth inch neoprene gasket on the top edge.

 (b) A person may not fabricate, distribute, sell, exchange, deliver or possess with intent to distribute, sell, exchange or deliver eyeglasses or sunglasses having frames manufactured from cellulose nitrate or other highly flammable materials.

 (c) A licensee may sell, exchange, or deliver eyeglasses or sunglasses that do not meet the requirements of (a) of this section if the sale, exchange, or delivery is authorized in a written request signed by the patient.

 (d) A person who violates this section is punishable by a fine of not less than $50 nor more than $100.




Sec. 08.72.276. Maximum dosage for opioid prescriptions.
 (a) A licensee may not issue
     (1) an initial prescription for an opioid that exceeds a four-day supply to an adult patient for outpatient use;

     (2) a prescription for an opioid that exceeds a four-day supply to a minor; upon issuance of a prescription for an opioid to a minor, the licensee shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use.

 (b) Notwithstanding (a) of this section, a licensee may issue a prescription for an opioid that exceeds a four-day supply to an adult or minor patient if the licensee determines that more than a four-day supply of an opioid is necessary
     (1) to treat the patient’s medical condition or for chronic pain management; the licensee may write a prescription for an opioid for the quantity needed to treat the patient’s medical condition or chronic pain; the licensee shall document in the patient’s medical record the condition triggering the prescription of an opioid in a quantity that exceeds a four-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; or

     (2) for a patient who is unable to access a practitioner within the time necessary for a refill of the four-day supply because of a logistical or travel barrier; the licensee may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the licensee shall document in the patient’s medical record the reason for the prescription of an opioid in a quantity that exceeds a four-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in AS 11.71.900.




Sec. 08.72.278. Limitation on practice.
 (a) A licensee may perform the services of optometry as defined in AS 08.72.300 only if the services are within the scope of the licensee’s education, training, and experience as established by regulations adopted by the board.

 (b) A licensee may not perform ophthalmic surgery unless the procedure is
     (1) within the scope of the licensee’s education and training from an accredited school of optometry; and

     (2) authorized by regulations adopted by the board.

 (c) In this section, “ophthalmic surgery” means an invasive procedure in which human tissue is cut, ablated, or otherwise penetrated by incision, laser, or other means to treat diseases of the human eye, alter or correct refractive error, or alter or enhance cosmetic appearance; “ophthalmic surgery” does not include the procedure described under AS 08.72.273.




Sec. 08.72.280. Prohibited acts.
A person may not falsely personate a licensed optometrist, or buy, sell, or fraudulently obtain a license issued to another or advertise the practice of optometry in violation of regulations of the board. Practicing or offering to practice optometry without a license is sufficient evidence of a violation of this chapter.


Sec. 08.72.290. Criminal penalty.
A person who violates this chapter is guilty of a misdemeanor and is punishable by a fine of not less than $50 nor more than $500, or by imprisonment for a term of not less than 10 days nor more than 90 days, or by both.


Article 4. General Provisions.


Sec. 08.72.300. Definitions.
In this chapter,
     (1) “board” means the Board of Examiners in Optometry;

     (2) “department” means the Department of Commerce, Community, and Economic Development;

     (3) “optometry” means the examination, evaluation, diagnosis, treatment, or performance of preventive procedures related to diseases, disorders, or conditions of the human eyes or adjacent and associated structures, consistent with this chapter and regulations adopted by the board;

     (4) “practicing optometry” means the performance of, or offer to perform, optometry for compensation;

     (5) “recognized school or college of optometry” means a school or college approved by the American Optometric Association or a committee of the American Optometric Association.




Sec. 08.72.310. Short title.
This chapter may be cited as the Optometry Law.


Article 1. Records of Secondhand Article Transactions.


Chapter 76. Pawnbrokers and Secondhand Dealers.

Sec. 08.76.010. Transactions to be entered in book kept at place of business; electronic records.
 (a) A person engaged in the business of buying and selling secondhand articles, except a bank or a person regulated by AS 08.76.100 — 08.76.590, shall maintain a book, in permanent form, in which the person shall enter in legible English at the time of each purchase or sale
     (1) the date of the transaction;

     (2) the name of the person conducting the transaction;

     (3) the name, age, and address of the customer;

     (4) a description of the property bought, which includes, for any firearm, watch, camera, or optical equipment bought, the name of the maker, the serial, model, or other number, and all letters and marks inscribed;

     (5) the price paid;

     (6) the signature of the customer.

 (b) [Repealed, § 7 ch 49 SLA 2010.]




Sec. 08.76.020. Manner of recording entry.
The entries in the book required by AS 08.76.010 shall appear in chronological order in ink or indelible pencil. Blank lines may not be left bet