HB 126 — An Act relating to the Board of Professional Counselors; relating to licensing of associate counselors; relating to marital and family therapists; relating to telehealth; relating to review organizations and permitting an emergency medical services provider to establish a review organization; relating to patient records; relating to disclosure and reporting of health care services, prices, and fee information; relating to the health care professionals workforce enhancement program; prohibiting unfair discrimination under group health insurance against associate counselors; relating to medical assistance for professional counseling services; relating to mental health professionals; relating to health care provider liability; and providing for an effective date.

a physician licensed under AS 08.64;

a podiatrist, osteopath, or physician assistant licensed under AS 08.64;

a direct-entry midwife certified Enrolled HB 126 -2- under AS 08.65;

a nurse licensed under AS 08.68;

a dispensing optician licensed under AS 08.71;

an optometrist licensed under AS 08.72;

a pharmacist licensed under AS 08.80;

a physical therapist or occupational therapist licensed under AS 08.84;

a psychologist or psychological associate licensed under AS 08.86;

or a social worker licensed under AS 08.95;

or (B) a physician licensed in another state;

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3.

3.4.

or HB 126 -2- HB0126a New Text Underlined [DELETED TEXT BRACKETED] 33-LS0405\S (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, [.]" or "associate counselor." * Sec.

4.5.

(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 -3- Enrolled HB 126 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;

and (6) has, after earning the degree required under either (5)(A) or (B) of this subsection, successfully completed an associate counselor program authorized in regulations of the board or completed [HAD] at least 3,000 hours of supervised HB0126a -3- HB 126 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0405\S experience in the practice of professional counseling performed over a period of at least two years under the supervision of a supervisor approved under regulations of the board [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 direct [FACE-TO- FACE] supervision [BY A SUPERVISOR] approved [UNDER AS 08.29.210 UNLESS,] under regulations of the board [, THE BOARD ALLOWS THE Enrolled HB 126 -4- SUPERVISION TO BE BY TELEPHONIC OR ELECTRONIC MEANS BECAUSE OF THE REMOTE LOCATION OF THE COUNSELOR].

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6.7.

HB 126 -4- HB0126a New Text Underlined [DELETED TEXT BRACKETED] 33-LS0405\S * Sec.

7.8.

(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 -5- Enrolled HB 126 counseling;

or HB0126a -5- HB 126 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0405\S (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.

8.9.

AS 08.29.21008.63.100(a) is repealed.amended to read:

(a) The board shall issue a license to practice marital and family therapy to a Enrolled HB 126 -6- HB0126aperson Newwho Text(1) Underlinedapplies [DELETEDon TEXTa BRACKETED]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) nine semester or 12 quarter hours [ONE YEAR] of supervised clinical practice in marital and family therapy;

(C) after receiving a degree described in (B) of this paragraph, has practiced supervised marital and family therapy in this state or another jurisdiction, including 1,700 hours of clinical contact with couples, individuals, and families;

the 1,700 hours of clinical contact must include at least (i) 100 hours of individual supervision approved by the board;

and (ii) 100 hours of either individual or group -7- Enrolled HB 126 supervision, or a combination of those hours, approved by the board;

[THE 100 HOURS OF INDIVIDUAL SUPERVISION AND 100 HOURS OF GROUP SUPERVISION MAY BE CONDUCTED BY ONE OR MORE SUPERVISORS;] (D) has received training related to domestic violence;

and (E) has passed a written or oral examination administered by the board.

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10.

AS 08.63.100(b) is amended to read:

(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 course work [COURSES] or clinical practice requirements set out in (a)(3)(B) of this section may substitute post-degree course work [COURSES] or practice, as approved by the board, to satisfy the requirements of (a)(3)(B) of this section.

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11.

AS 08.63.110(c) is amended to read:

(c) A license for supervised practice expires four years from the date of issuance but may be extended because of extenuating circumstances at the discretion of the board [AND MAY NOT BE RENEWED].

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12.

AS 08.63.900(6) is amended to read:

(6) "supervision" means synchronous [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 recordings [TAPES], and video recordings [TAPES].

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13.

AS 08.86.180(d) is amended to read:

(d) Nothing in this section prohibits a licensed clinical social worker, a licensed marital and family therapist, or a licensed professional or associate counselor from holding out to the public by a title or description of services incorporating the words "psychoanalysis," "psychoanalyst," "psychotherapy," "psychotherapist," or "psychotherapeutic." * Sec.

14.

AS 09.65.300(a) is amended to read:

Enrolled HB 126 -8- (a) Except as otherwise provided in this section, a health care provider who provides health care services to another person is not liable for civil damages resulting from an act or omission in providing the health care services if the health care (1) provider is licensed in this state to provide health care services;

in this paragraph, "health care provider" includes a health care provider who holds a temporary license or permit to practice as a health care provider;

(2) services provided were within the scope of the health care provider's license;

(3) services were provided (A) at a medical clinic, medical facility, nonprofit facility, temporary emergency site, or other facility owned or operated by a governmental entity or nonprofit organization and the health care provider was acting within the scope of the provider's responsibilities in the medical clinic, governmental entity, or nonprofit organization;

or (B) through telehealth under AS 08.02.130 while the health care provider was located at a clinic, facility, or site listed in (A) of this paragraph or the private office of the health care provider and the health care provider was acting within the scope of the provider's responsibilities at the clinic, facility, or site listed in (A) of this paragraph;

(4) services were provided voluntarily and without pay to the health care provider for the services, except as provided in (b)(2) and (3) of this section;

and (5) provider (A) obtains informed consent in writing from the person receiving the health care services as described under AS 09.55.556, except in the case of an emergency;

(B) provides the person receiving the health care services advance written notice of the immunity provided under this section to a health care provider when providing voluntary health care services as described under this section;

and (C) provides the person receiving health care services with written notice of the name of a licensed health care provider in the state that -9- Enrolled HB 126 the person receiving health care services may contact for emergency follow-up care within 30 days after a procedure is performed.

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15.

AS 09.65.300(c)(1) is amended to read:

(1) "health care provider" means a physician, physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical nurse, advanced practice registered nurse, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, athletic trainer, [OR] certified direct-entry midwife, licensed professional counselor, or licensed associate counselor;

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16.

AS 18.23.070(1) is amended to read:

(1) "administrative staff" means the staff of an agency, institution, or organization that provides health care [A HOSPITAL OR CLINIC];

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17.

AS 18.23.070(3) is amended to read:

(3) "health care provider" means an acupuncturist licensed under AS 08.06;

a chiropractor licensed under AS 08.20;

a dental hygienist licensed under AS 08.32;

a dentist licensed under AS 08.36;

a physician or podiatrist licensed under AS 08.64;

a nurse licensed under AS 08.68;

a dispensing optician licensed under AS 08.71;

an optometrist licensed under AS 08.72;

a pharmacist licensed under AS 08.80;

a physical therapist or occupational therapist licensed under AS 08.84;

[A PHYSICIAN LICENSED UNDER AS 08.64;

A PODIATRIST;] a psychologist and a psychological associate licensed under AS 08.86;

an organization or government agency that is certified or licensed to provide emergency medical services under AS 18.08;

a hospital as defined in AS 47.32.900, including a governmentally owned or operated hospital;

and an employee of a health care provider acting within the course and scope of employment;

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18.

AS 18.23.070(5) is amended to read:

(5) "review organization" means (A) a hospital governing body or a committee whose membership is limited to health care providers and administrative staff, except where otherwise provided for by state or federal law, and that is established by Enrolled HB 126 -10- a hospital, by a clinic, by one or more state or local associations of health care providers, by an organization of health care providers from a particular area or medical institution, by an organization or government agency that provides emergency medical services, or by a professional standards review organization established under 42 U.S.C.

1320c-1, to gather and review information relating to the care and treatment of patients for the purposes of (i) evaluating and improving the quality of health care rendered in the area or medical institution;

(ii) reducing morbidity or mortality;

(iii) obtaining and disseminating statistics and information relative to the treatment and prevention of diseases, illness, and injuries;

(iv) developing and publishing guidelines showing the norms of health care in the area or medical institution;

(v) developing and publishing guidelines designed to keep the cost of health care within reasonable bounds;

(vi) reviewing the quality or cost of health care services provided to enrollees of health maintenance organizations;

(vii) acting as a professional standards review organization under 42 U.S.C.

1320c;

(viii) reviewing, ruling on, or advising on controversies, disputes, or questions between a health insurance carrier or health maintenance organization and one or more of its insured or enrollees;

between a professional licensing board, acting under its powers of discipline or license revocation or suspension, and a health care provider licensed by it when the matter is referred to a review organization by the professional licensing board;

between a health care provider and the provider's patients concerning diagnosis, treatment, or care, or a charge or fee;

between a health care provider and a health insurance carrier or health maintenance organization concerning a charge or fee for health care services provided to an insured or enrollee;

-11- Enrolled HB 126 or between a health care provider or the provider's patients and the federal or a state or local government, or an agency of the federal or a state or local government;

(ix) acting on the recommendation of a credential review committee or a grievance committee;

(B) the State Medical Board established by AS 08.64.010;

(C) a committee established by the commissioner of health and approved by the State Medical Board to review public health issues regarding morbidity or mortality;

at least 75 percent of the committee members must be health care providers;

(D) the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

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19.

AS 18.23.400(n)(3) is amended to read:

(3) "health care facility" means a private, municipal, or state hospital, psychiatric hospital, emergency department, independent diagnostic testing facility, residential psychiatric treatment center as defined in AS 47.32.900, kidney disease treatment center (including freestanding hemodialysis units), office of a private physician or dentist whether in individual or group practice, ambulatory surgical center as defined in AS 47.32.900, freestanding birth center as defined in AS 47.32.900, and rural health clinic as defined in AS 47.32.900;

"health care facility" does not include (A) the Alaska Pioneers' Home and the Alaska Veterans' Home administered by the department under AS 47.55;

(B) an assisted living home as defined in AS 47.33.990;

(C) a nursing facility licensed by the department to provide long-term care;

(D) a facility operated by an Alaska tribal health organization;

[AND] (E) a hospital operated by the United States Department of Veterans Affairs or the United States Department of Defense, or any other federally operated hospital or institution;

or Enrolled HB 126 -12- (F) a hospital subject to 45 C.F.R.

180 as that section read on the effective date of this section or any other federal price transparency requirements that are reasonably similar to or exceed the requirements in this section;

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20.

AS 18.29.190(9) is amended to read:

(9) "tier II health care professional" means a person who spends not less than 50 percent of the person's time on direct patient health care services and who is licensed or exempt from licensure in the state as a dental hygienist, advanced practice registered nurse, registered nurse, physician assistant, physical therapist, professional counselor, associate counselor, board certified behavior analyst, marital and family therapist, clinical social worker, or other health care professional as determined by the commissioner;

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21.

AS 21.36.090(d) is amended to read:

(d) Except to the extent necessary to comply with AS 21.42.365 and AS 21.56, a person may not practice or permit unfair discrimination against a person who provides a service covered under a group health insurance policy that extends coverage on an expense incurred basis, or under a group service or indemnity type contract issued by a health maintenance organization or a nonprofit corporation, if the service is within the scope of the provider's occupational license.

In this subsection, "provider" means a state licensed physician, physician assistant, dentist, osteopath, optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, licensed clinical social worker, licensed professional counselor, licensed associate counselor, certified direct-entry midwife, or dental hygienist holding an advanced practice permit.

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22.

AS 47.07.900(16) is amended to read:

(16) "professional counseling services" means services within the practice of professional counseling provided by a person licensed as a professional or associate counselor under AS 08.29;

professional counseling services may be provided at a facility that is not a provider of clinic services.

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23.

AS 47.30.915(16) is amended to read:

-13- Enrolled HB 126 (16) "mental health professional" means a psychiatrist or physician who is licensed by the State Medical Board to practice in this state or is employed by the federal government;

a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners;

a psychological associate trained in clinical psychology and licensed by the Board of Psychologist and Psychological Associate Examiners;

an advanced practice registered nurse or a registered nurse with a master's degree in psychiatric nursing, licensed by the State Board of Nursing;

a marital and family therapist licensed by the Board of Marital and Family Therapy;

a professional or associate counselor licensed by the Board of Professional Counselors;

a clinical social worker licensed by the Board of Social Work Examiners;

and a person who (A) has a master's degree in the field of mental health;

(B) has at least 12 months of post-masters working experience in the field of mental illness;

and (C) is working under the supervision of a type of licensee listed in this paragraph;

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24.

AS 08.29.210;

AS 08.63.130, and 08.63.900(3) are repealed.

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25.

Sections 16 - 19 of this Act take effect immediately under AS 01.10.070(c).

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26.

Except as provided in sec.

25 of this Act, this Act takes effect July 1, 2025.

Enrolled HB 126 -14-