HB 277 — An Act relating to occupational licensing; and providing for an effective date.

in this paragraph, a husband and wife who create a joint trust are considered to be one settlor.

* Sec.

2.

If the review indicates that the total fees collected for an occupation [AN OCCUPATION'S FEE COLLECTIONS] and the regulatory costs are not approximately equal or that the total fees collected for HB0277a -1- HB 277 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\A an occupation exceed the national average of the total fees collected for that occupation, the department shall calculate fee adjustments and adopt regulations under (a) of this section to implement the adjustments.

In this subsection, "regulatory costs" means CSHB 277(W&M) -4- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S 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;

3.2.

(3)HB if277 a-2- lawHB0277a governingNew theText licenseUnderlined to[DELETED practiceTEXT theBRACKETED] occupation33-LS0905\A requires(3) ais waiver of confidentiality in thegood applicationstanding forwith the license,licensing hasauthority provided a waiver of confidentiality(A) on the mattersjurisdiction requiredthat toissued bethe waivedapplicant's byexisting thelicense; law;

(4)and is(B) inany goodother standingjurisdiction withthat thehas licensingissued authoritythe ofapplicant (A)a thecomparable jurisdictionlicense thatto issued the applicant'slicense existingapplied license;for;

and (B)(4) pays any otherfees jurisdictionrequired thatunder hasthis issuedtitle. the applicant a license comparable to the license applied for by the applicant;

and(b) HB0277bThis -5-section CSHBdoes 277(W&M)not Newapply Textto Underlineda [DELETED(1) TEXTbusiness BRACKETED]license 33-LS0905\S (5) pays any fees required under thisAS title.43.70;

(b)(2) This section does not apply to a permit for a qualified agency under AS 08.02.050,08.02.050; transporter license under AS 08.54, general, residential or institutional real estate appraiser certificate under AS 08.87, or business license under AS 43.70.

or (3) license to practice (A) public accounting under AS 08.04;

(B) acupuncture under AS 08.06;

(C) barbering, hairdressing, hair braiding, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring under AS 08.13;

(D) chiropractic under AS 08.20;

(E) professional counseling under AS 08.29;

(F) dental hygiene under AS 08.32;

(G) dentistry under AS 08.36;

(H) dietetics or nutrition under AS 08.38;

(I) as an electrical administrator under AS 08.40;

(J) mortuary science under AS 08.42;

(K) architecture, engineering, land surveying, or landscape architecture under AS 08.48;

(L) massage therapy under AS 08.61;

(M) marital and family therapy under AS 08.63;

(N) medicine, osteopathy, or podiatry under AS 08.64;

(O) direct-entry midwifery under AS 08.65;

(P) registered, advanced practice registered, or practical nursing under AS 08.68;

(Q) as a nursing home administrator under AS 08.70;

HB0277a -3- HB 277 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\A (R) as a dispensing optician under AS 08.71;

(S) optometry under AS 08.72;

(T) pharmacy under AS 08.80;

(U) physical therapy or occupational therapy under AS 08.84;

(V) psychology under AS 08.86;

(W) as a real estate broker, associate real estate broker, or real estate salesperson under AS 08.88;

(X) social work under AS 08.95;

or (Y) veterinary medicine under AS 08.98.

4.3.

AS 08.02.130(a) is amended to read:

(a) A health care provider [LICENSED] in this state may provide health care services within the health care provider's authorized scope of practice to a patient in this state through telehealth without first conducting an in-person visit.

* Sec.

5.

AS 08.02.130(c) is amended to read:

(c) If a physician licensed in another state or a health care provider determines in the course of a telehealth encounter with a patient under this section that some or all of the encounter will extend beyond the physician's or health care provider's authorized scope of practice, the physician or health care provider shall advise the patient that the physician or health care provider is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the physician or health care provider is not authorized to provide, and limit the encounter to only those services the physician or health care provider is authorized to provide.

The physician or health care provider may not charge for any portion of an encounter that extends beyond the physician's or health care provider's authorized scope of practice.

* Sec.

6.

AS 08.02.130(g) is amended to read:

(g) Except as authorized under (e) and (f) of this section, a health care provider [LICENSED UNDER THIS TITLE] may not prescribe, dispense, or administer through telehealth under this section a controlled substance listed in AS 11.71.140 - 11.71.190.

* Sec.

7.

AS 08.02.130(h) is amended to read:

(h) A physician licensed in another state or a health care provider may not be required to document a barrier to an in-person visit to provide health care services CSHB 277(W&M) -6- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S through telehealth.

The department or a board may not limit the physical setting from which a physician licensed in another state or a health care provider may provide health care services through telehealth.

* Sec.

8.

AS 08.02.130(i) is amended to read:

(i) Nothing in this section requires the use of telehealth when a physician licensed in another state or a health care provider determines that providing health care services through telehealth is not appropriate or when a patient chooses not to receive health care services through telehealth.

* Sec.

9.

AS 08.02.130(j)(1) is amended to read:

(1) "health care provider" means [(A)] an audiologist or speech-language pathologist licensed under AS 08.11;

a behavior analyst licensed under AS 08.15;

a chiropractor licensed under AS 08.20;

a professional counselor licensed under AS 08.29;

a dental hygienist licensed under AS 08.32;

a dentist licensed under AS 08.36;

a dietitian or nutritionist licensed under AS 08.38;

a naturopath licensed under AS 08.45;

a marital and family therapist licensed under AS 08.63;

a physician licensed under AS 08.64;

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

a direct-entry midwife certified under AS 08.65;

a nurse licensed under AS 08.68;

a dispensing optician as defined in AS 08.72.274(c) [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;] * Sec.

10.

AS 08.04.410 is amended to read:

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.

11.

AS 08.04.680(8) is amended to read:

HB0277b -7- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S (8) "license" means a license issued under AS 08.04.105 [OR 08.04.195];

* Sec.

12.

AS 08.04.680(17) is amended to read:

(17) "principal place of business" means the office location designated by an individual for the purposes of substantial equivalency [AND RECIPROCITY];

* Sec.

13.

AS 08.06.030(a) is amended to read:

(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.

* Sec.

14.

AS 08.18.161 is amended to read:

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, 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 CSHB 277(W&M) -8- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S 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) an owner who contracts for a project with a registered contractor;

(9) a person working on an existing structure on that person's own property, whether occupied by the person or not, and a person working on that person's own existing residence, whether owned by the person or not;

(10) an owner or tenant of commercial property who uses the owner's or tenant's own employees to do maintenance, repair, and alteration work on that property;

(11) an owner who acts as the owner's own contractor and in doing so performs the work independently or hires workers or 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;

an owner who advertises the structure under construction for sale or sells the structure during the period of construction or within two years after the period of construction begins shall file, on forms provided by the department, a notice indicating that the owner is not engaged in a business for which the owner is required to register as a contractor under this chapter;

for the purposes of this paragraph, construction begins on the date that is the earlier of when the owner HB0277b -9- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S (A) begins the actual construction work;

or (B) enters into an agreement with another person for the other person to provide labor, to act as a subcontractor, or to provide materials for the construction;

(12) a person performing construction work incidental to farming, dairying, agriculture, horticulture, stock or poultry raising, mining, logging, fishing, clearing, or other work on the land in rural districts for fire prevention purposes, or access road building, unless the person is a licensee;

(13) a person who only performs contracting work related to carpentry, cabinet making, cement finishing, door repair, drywall installation, floor sanding, glazing, insulation, iron and steel, masonry, painting, paving, pipelaying, sheet metal, or terrazzo.

* Sec.

15.

AS 08.18.171(13) is amended to read:

(13) "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;

* Sec.

16.

AS 08.20.180(a) is amended to read:

(a) An applicant for an examination, reexamination, issuance of a temporary permit under AS 08.20.160, issuance of a locum tenens permit under AS 08.20.163, [ISSUANCE OF A LICENSE BY CREDENTIALS UNDER AS 08.20.141,] one-time issuance of a retired status license, or initial issuance or renewal of an active or inactive license shall pay a fee established under AS 08.01.065.

* Sec.

17.

AS 08.24.061 is amended to read:

CSHB 277(W&M) -10- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S 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.

18.

AS 08.24.090(a) is amended to read:

(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.

* Sec.

19.

AS 08.24.210 is amended to read:

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 collection agency [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 collection agency [LICENSEE] has on deposit in a bank or in the collection agency's [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 DEVELOPMENT Pursuant to AS 08.24.210 the undersigned, .

, collection agency [LICENSED] under AS 08.24 [TO CONDUCT A COLLECTION AGENCY HB0277b -11- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S BUSINESS], hereby declares that the amount of money collected during the preceding calendar year by the undersigned, as a person engaging in collection agency business [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 collection agency [LICENSEE]) .

(signature) .

(capacity) .

VERIFICATION STATE OF ALASKA ss THIRD DISTRICT I, the undersigned, being first sworn, do on oath depose and say:

That I executed the within annual statement as the collection agency [LICENSEE NAMED IN IT] or on behalf of the collection agency [LICENSEE NAMED IN IT], as the operator, director, or officer of the collection agency [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.

20.

AS 08.24.250 is amended to read:

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 CSHB 277(W&M) -12- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S 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.

21.

AS 08.24.260 is amended to read:

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 collection agency [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 collection agency [LICENSEE OR CERTIFICATE HOLDER].

If the complaint involves the owing of money, or any other thing of value, by a collection agency [LICENSEE] to the complainant, when the collection agency [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.

22.

AS 08.24.300 is amended to read:

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.

23.

AS 08.24.330 is amended to read:

Sec.

08.24.330.

Duty to maintain a public office.

Each collection agency shall maintain its principal office and any branch office at the [A] street address that the [IS STATED IN ITS ORIGINAL APPLICATION FOR LICENSE OR ANOTHER ADDRESS THAT THE] agency designates [MAY DESIGNATE] to the HB0277b -13- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S 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.

24.

AS 08.24.340(a) is amended to read:

(a) Within 15 days after beginning operations as a collection agency business [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.

* Sec.

25.

AS 08.24.340(d) is amended to read:

(d) The [OWNER OR LICENSED OPERATOR OF THE] collection agency or an operator of the collection agency shall also state on [UPON] the form submitted the date on [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.

26.

AS 08.24.380(1) is amended to read:

(1) "collection agency" means a person engaging [LICENSED AND AUTHORIZED TO ENGAGE] in the collection agency business;

* Sec.

27.

AS 08.24.380(2) is amended to read:

(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 collection agency, [LICENSEE UNDER THIS CHAPTER] a system of collection letters, demand forms, or CSHB 277(W&M) -14- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S other printed matter on which [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;

* Sec.

28.

AS 08.32.085(a) is amended to read:

(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].

* Sec.

29.

AS 08.36.243(a) is amended to read:

(a) An applicant for a specialist license must (1) hold a license issued by the board in accordance with AS 08.36.110 [OR 08.36.234];

and (2) meet additional qualifications for a specialist license in a specified branch of dentistry as established by the board by regulation.

* Sec.

30.

AS 08.48.055(b) is amended to read:

(b) The executive administrator of the board shall perform duties as prescribed by the board [, INCLUDING THE REVIEW AND APPROVAL OF COMITY APPLICATIONS].

* Sec.

31.

AS 08.48.181 is amended to read:

HB0277b -15- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S Sec.

08.48.181.

Registration upon examination.

For [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.

32.

AS 08.64.315 is amended to read:

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.

33.

AS 08.65.080 is amended to read:

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.

34.

AS 08.72.274 is amended to read:

Sec.

08.72.274.

Dispensing optician exemption [EXEMPTION].

Except for AS 08.72.275, this chapter and regulations adopted under this chapter do not limit the practice of a dispensing [AN] optician [LICENSED UNDER AS 08.71].

* Sec.

35.

AS 08.72.274 is amended by adding new subsections to read:

CSHB 277(W&M) -16- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S (b) A dispensing optician may only fit contact lenses in conjunction with and under the supervision of a licensed physician or an optometrist and with a written prescription for the contact lenses showing that the prescription may be filled for contact lenses and requiring that the patient return to see the prescribing physician or optometrist.

A dispensing optician may not prepare contact lenses by neutralizing a person's eyeglasses or spectacles.

(c) In this section, "dispensing optician" means a person who, upon 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, in accordance with the written prescription for the aid or correction of visual or ocular anomalies of the human eye, interprets, measures, and adapts, fits, and adjusts to the face lenses, eyeglasses, contact lenses, and appurtenances to them.

* Sec.

36.

AS 08.80.030(b) is amended to read:

(b) In order to fulfill its responsibilities, the board has the powers necessary for implementation and enforcement of this chapter, including the power to (1) elect a president and secretary from its membership and adopt rules for the conduct of its business;

(2) license by examination [OR BY LICENSE TRANSFER] the applicants who are qualified to engage in the practice of pharmacy;

(3) assist the department in inspections and investigations for violations of this chapter, or of any other state or federal statute relating to the practice of pharmacy;

(4) adopt regulations to carry out the purposes of this chapter;

(5) establish and enforce compliance with professional standards and rules of conduct for pharmacists engaged in the practice of pharmacy;

(6) determine standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, including the specification and enforcement of requirements for practical training, including internships;

(7) establish for pharmacists and pharmacies minimum specifications HB0277b -17- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S for the physical facilities, technical equipment, personnel, and procedures for the storage, compounding, and dispensing of drugs or related devices, and for the monitoring of drug therapy, including independent monitoring of drug therapy;

(8) enforce the provisions of this chapter relating to the conduct or competence of pharmacists practicing in the state, and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy;

(9) license and regulate the training, qualifications, and employment of pharmacy interns and pharmacy technicians;

(10) license and regulate the qualifications of entities and individuals engaged in the manufacture or distribution of drugs and related devices;

(11) establish and maintain a controlled substance prescription database as provided in AS 17.30.200;

(12) establish standards for the independent prescribing and administration of vaccines and related emergency medications under AS 08.80.168, including the completion of an immunization training program approved by the board and an epinephrine auto-injector training program under AS 17.22.020(b);

(13) establish standards for the independent prescribing and dispensing by a pharmacist of an opioid overdose drug under AS 17.20.085, including the completion of an opioid overdose training program approved by the board;

(14) require that a licensed pharmacist who dispenses a schedule II, III, or IV controlled substance under federal law to a person in the state register with the controlled substance prescription database under AS 17.30.200(n);

(15) establish the qualifications and duties of the executive administrator and delegate authority to the executive administrator that is necessary to conduct board business;

(16) license and inspect the facilities of pharmacies, manufacturers, wholesale drug distributors, third-party logistics providers, and outsourcing facilities located outside the state under AS 08.80.159;

(17) license Internet-based pharmacies providing services to residents in the state;

(18) adopt regulations pertaining to retired pharmacist status.

CSHB 277(W&M) -18- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S * Sec.

37.

AS 08.80.400 is amended to read:

Sec.

08.80.400.

Exemptions [OTHER LICENSEES NOT AFFECTED].

This chapter does not affect the practice of medicine by a licensed medical doctor and does not limit (1) a licensed medical doctor, osteopath, podiatrist, physician assistant, advanced practice registered nurse, dentist, veterinarian, [DISPENSING OPTICIAN,] or optometrist in supplying a patient with any medicinal preparation or article within the scope of the person's license;

or (2) a dispensing optician as defined in AS 08.72.274(c) in supplying a patient with any medicinal preparation or article within the scope of the person's practice.

* Sec.

38.

AS 08.84.030 is amended to read:

Sec.

08.84.030.

Qualifications for licensing.

(a) To be eligible for licensure by the board as a physical therapist or physical therapist assistant, an applicant, unless a graduate of a foreign school of physical therapy located outside the United States, shall (1) have graduated from a professional physical therapy education program that includes supervised field work and is accredited by a national accreditation agency approved by the board;

(2) pass, to the satisfaction of the board, an examination prepared by a national testing service approved by the board to determine the applicant's fitness for practice as a physical therapist or physical therapist assistant [, OR BE ENTITLED TO LICENSURE WITHOUT EXAMINATION AS PROVIDED IN AS 08.84.060];

and (3) meet qualifications for licensure established in regulations adopted by the board under AS 08.84.010(b).

(b) To be eligible for licensure by the board as an occal therapist or occupational therapy assistant, an applicant, unless a graduate of a foreign school of occupational therapy located outside the United States, shall (1) have graduated from a professional occupational therapy education program that includes supervised field work and is accredited by a national HB0277b -19- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S accreditation agency approved by the board;

(2) pass, to the satisfaction of the board, an examination prepared by a national testing service approved by the board or an examination recognized by a national accreditation agency approved by the board to determine the applicant's fitness for practice as an occupational therapist or occupational therapy assistant [, OR BE ENTITLED TO LICENSURE WITHOUT EXAMINATION UNDER AS 08.84.060];

and (3) meet qualifications for licensure established in regulations adopted by the board under AS 08.84.010(b).

* Sec.

39.

AS 08.84.065(a) is amended to read:

(a) The board may issue a nonrenewable temporary permit to an applicant for licensure [BY ACCEPTANCE OF CREDENTIALS OR] by examination who (1) meets the requirements of (A) AS 08.84.030(a)(1) or (b)(1);

or (B) AS 08.84.032(a)(2) and (4) or (b)(2) and (4);

and (2) pays the required fee.

* Sec.

40.

AS 08.95.125(d) is amended to read:

(d) An individual's temporary license becomes invalid, notwithstanding (b) [AND (c)] of this section, if the individual's application for a permanent license under AS 08.95.110 [OR 08.95.120] is rejected by the board.

The temporary license becomes invalid on the date of board action rejecting the license application.

* Sec.

41.

AS 09.55.560(2) is amended to read:

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

an audiologist or speech-language pathologist licensed under AS 08.11;

a chiropractor licensed under AS 08.20;

a dental hygienist licensed under AS 08.32;

a dentist licensed under AS 08.36;

a nurse licensed under AS 08.68;

a dispensing optician as defined in AS 08.72.274(c) [LICENSED UNDER AS 08.71];

a naturopath licensed under AS 08.45;

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 or physician assistant licensed under AS 08.64;

a podiatrist;

a psychologist and a psychological associate licensed under AS 08.86;

a hospital as CSHB 277(W&M) -20- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S defined in AS 47.32.900, including a governmentally owned or operated hospital;

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

an ambulatory surgical facility and other organizations whose primary purpose is the delivery of health care, including a health maintenance organization, individual practice association, integrated delivery system, preferred provider organization or arrangement, and a physical hospital organization;

* Sec.

42.

AS 12.62.400(a) is amended by adding a new paragraph to read:

(24) licensure as a private applicator of restricted-use pesticides, person engaged in the custom, commercial, or contract spraying or application of pesticides and broadcast chemicals, and other person engaged in the spraying or application of pesticides and broadcast chemicals in public places under AS 46.03.320.

* Sec.

43.

AS 16.05.330(a) is amended to read:

(a) Except as otherwise permitted in this chapter, without having the appropriate license, tag, or permit in actual possession, a person may not engage in (1) sport fishing, including the taking of razor clams;

(2) hunting or trapping;

(3) the farming of fish, fur, or game;

or (4) [TAXIDERMY OR] fur dealing [;

OR (5) CONTROL OF NUISANCE WILD BIRDS AND NUISANCE WILD SMALL MAMMALS FOR COMPENSATION].

* Sec.

44.

AS 16.05.340(b) is amended to read:

(b) The commissioner may issue without cost a permit to collect fish and game, including fur animals, subject to limitations and provisions that are appropriate, for a scientific, propagative, or educational purpose.

[THE COMMISSIONER ALSO MAY ISSUE WITHOUT COST A PERMIT FOR THE NONCOMMERCIAL CONTROL OF NUISANCE WILD BIRDS OR NUISANCE WILD SMALL MAMMALS.] The commissioner also may issue a permit for the collection of bivalve spat for use in connection with an aquatic farm.

In addition, the commissioner shall issue a permit for the collecting of wild fur animals for improving the genetic stock of fur farm animals.

Permits issued under this subsection shall be in accordance with HB0277b -21- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S current sustained yield management practices for the species of wild game for which the permit is requested.

The annual permit fee for an Alaska resident to collect wild fur animals for fur farming purposes is the same as the fee for resident trappers.

* Sec.

45.

46.4.

An application must include evidence satisfactory to the department that the applicant (1) holds a current certificate or license in another state, district, or territory of the United States that the applicant has actively used during the two years HB 277 -4- HB0277a New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\A immediately preceding the date of application;

(3) is in good standing with the certifying or licensing authority of (A) the jurisdiction that issued the applicant's existing CSHB 277(W&M) -22- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S certificate or license;

47.5.

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 nurse licensed under AS 08.68;

a dispensing optician as defined in AS 08.72.274(c) [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;

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;

* Sec.

48.

(4) has submitted the applicant's fingerprints, 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, and other information sufficient to complete a background check consisting of a fingerprint check of national criminal records and HB0277b -23- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S state criminal records of the state or states in which the applicant has resided for the past 10 years;

the department shall submit the fingerprints and fees to the Department HB0277a -5- HB 277 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\A 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;

49.6.

AS 28.15.271(a) is amended to read:

(a) The fees for noncommercial drivers' licenses and permits, including renewals, and all related driver skills tests are as follows:

(1) all [NONCOMMERCIAL] vehicles and motor-driven cycles (A) each license fee ..........................................................

$20;

(B) each driver skills test .................................................

$15;

(2) [ALL COMMERCIAL MOTOR VEHICLES (A) EACH LICENSE FEE .............................................

$100;

(B) EACH DRIVER SKILLS TEST ...............................

$25;

(3)] instruction permit ..................................................................

$15;

(3) [(4)] duplicate of driver's license or instruction permit ..........

$15;

(4) [(5)] temporary license and renewal of permit .......................

$5 [;

(6) SCHOOL BUS DRIVER'S ENDORSEMENT RENEWAL ..

$5].

* Sec.

50.

AS 28.15.271(b) is amended to read:

(b) In addition to the fees under (a) and (f) of this section, (1) a person who renews a driver's license by mail shall pay a fee of $1;

(2) a person who applies for a limited driver's license under CSHB 277(W&M) -24- HB0277b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S AS 28.15.201 shall pay a fee of $100;

(3) a person who applies for reinstatement of a driver's license under AS 28.15.211 shall pay a fee of (A) $100 if the person's driver's license has, within the 10 years preceding the application, been suspended, revoked, or limited under the provisions of this chapter, except as provided by (C) of this paragraph, only once;

(B) $250 if the person's driver's license has, within the 10 years preceding the application, been suspended, revoked, or limited under the provisions of this chapter, except as provided by (D) of this paragraph, two or more times;

(C) $200 if the person's driver's license has, within the 10 years preceding the application, been revoked under AS 28.35.030 or 28.35.032 only once;

or (D) $500 if the person's driver's license has, within the 10 years preceding the application, been revoked under AS 28.35.030 or 28.35.032 two or more times;

and (4) a person who applies for a driver's license that is federally compliant shall pay a fee of $20.

* Sec.

51.

AS 28.15.271 is amended by adding new subsections to read:

(f) The department shall establish the fee levels for a (1) commercial driver's license;

(2) commercial driver's permit;

(3) commercial driver's license or permit renewal;

(4) duplicate of a commercial driver's license;

(5) school bus driver endorsement renewal;

and (6) any related driver skills test.

(g) The total fees collected for a license, permit, or endorsement under (f) of this section may not exceed the national average of the total fees collected for similar licenses, permits, or endorsements, as determined by the department.

The department shall annually review the total fees collected for each license, permit, and endorsement HB0277b -25- CSHB 277(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S to ensure that the total fees collected do not exceed the national average of the total fees collected for similar licenses, permits, or endorsements.

* Sec.

52.

53.7.

AS 43.70.020(d) is amended to read:

(d) A person engaging in a business subject to licensing provisions of a regulatory nature [(FOR EXAMPLE, THE REQUIREMENT OF POSTING A BOND BEFORE BEGINNING BUSINESS AS A COLLECTION AGENCY)] must, in addition to filing the regular application required by this section, comply with those regulatory provisions before being entitled to a license under this chapter.

The department may establish that a license that is issued under this section expires at the same time as a license, certificate, permit, registration, or similar document issued under AS 08.

* Sec.

54.

(b) The department may provide by regulation for the licensing of or CSHBHB 277(W&M)277 -26--6- HB0277bHB0277a New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S33-LS0905\A temporary license waiver for private applicators of restricted-use pesticides, for persons engaged in the custom, commercial, or contract spraying or application of pesticides and broadcast chemicals, and for other persons engaged in the spraying or application of pesticides and broadcast chemicals in public places.

The department shall establish fee levels to apply for and renew a license toprovided practicefor an occupation under this subsection.

The department shall annually review the total fees collected for each occupationtype of license to ensure that the total fees collected for each occupationtype of license do not exceed the national average of the total fees collected for that occupation.license.

55.8.

HB0277bHB0277a -27--7- CSHBHB 277(W&M)277 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0905\S33-LS0905\A and (B) any other jurisdiction that has issued the applicant a comparable license to the license applied for;

56.9.

AS 08.01.010(18), 08.01.065(f), 08.01.065(g), 08.01.065(h), 08.01.065(i), 08.01.065(k);and 08.01.065(k) are repealed.