Alaska 33rd Legislature (2023-2024) Status: In Committee 1 D cosponsors

SB 130 — An Act relating to the licensure of nursing professionals; relating to a multistate nurse licensure compact; and providing for an effective date.

Last action — (S) REFERRED TO LABOR & COMMERCE

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1161 added · 776 removed

Plain-language change summary

The latest version of SB 130 updates the language regarding nursing licenses to make it clearer how the costs for single-state and multistate nursing licenses will be determined, specifying the relevant sections of the law. Additionally, the amendment refines the regulations that the nursing board must adopt, particularly in relation to the practice of advanced practice registered nurses. These changes are important because they aim to ensure that the licensing requirements are straightforward and tied more closely to the actual costs of regulation, which can help maintain the quality and accessibility of nursing services in the state.

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33-LS0754\S SPONSOR SUBSTITUTE FOR SENATE BILL NO.
33-LS0754\A SENATE BILL NO.
5/3/23 Referred:
4/17/23 Referred:
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 SB0130B -1- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S budget.
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 SB0130A -1- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A budget.
(l) 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 individuals issued a (1) single-state license under AS 08.68.190 or 08.68.200 to practice nursing approximately equals the total regulatory costs to the department and the Board of Nursing for the practice of nursing in the state under that license type;
(l) 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 individuals issued a (1) single-state license to practice nursing approximately equals the total regulatory costs to the department and the Board of Nursing for the practice of nursing in the state under that license type;
and (2) multistate license to practice nursing under AS 08.68.500 or practicing under a multistate licensure privilege under AS 08.68.500 approximately equals the total regulatory costs to the department and the Board of Nursing for the practice of nursing under that license type or privilege.
in this paragraph, "single-state license" has the meaning given in AS 08.68.850;
and (2) multistate license to practice nursing or practicing under a multistate licensure privilege approximately equals the total regulatory costs to the department and the Board of Nursing for the practice of nursing under that license type or privilege.
AS 08.68.100(a) is amended to read:
AS 08.02.110(a) is amended to read:
(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 nurse licensed or holding a multistate licensure privilege under AS 08.68 or advanced practice registered nurse licensed under AS 08.68, an SB 130 -2- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A 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.
* Sec.
4.
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 or holding a multistate licensure privilege 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;
SB0130A -3- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A * Sec.
5.
AS 08.11.120(b) is amended to read:
(b) Notwithstanding the provisions of this chapter, (1) a nurse licensed or holding a multistate licensure privilege 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;
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(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.
* Sec.
6.
AS 08.68.100 is amended to read:
Sec.
08.68.100.
Duties and powers of board.
SSSB 130 -2- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (B) necessary to implement AS 08.68.331 - 08.68.336 relating to certified nurse aides in order to protect the health, , and welfare of clients served by nurse aides;
(B) necessary to implement AS 08.68.331 - 08.68.336 relating to certified nurse aides in order to protect the health, s, and welfare of clients served by nurse aides;
(D) establishing criteria for approval of practical nurse education programs that are not accredited by a national nursing accrediting body;
SB 130 -4- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A (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;
(2) approve curricula and adopt standards for basic education programs that prepare persons for licensing under this chapter [AS 08.68.190];
(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;
(6) prescribe requirements for competence before a former registered, advanced practice registered, or [LICENSED] practical nurse licensed under this chapter may resume the practice of nursing [UNDER THIS CHAPTER];
SB0130B -3- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (9) publish advisory opinions regarding whether nursing practice procedures or policies comply with acceptable standards of nursing practice as defined under this chapter;
(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;
(10) require applicants under this chapter to submit fingerprints and the SB0130A -5- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check;
(12) appoint the executive administrator of the board to serve as the state administrator of the Interstate Commission Nurse Licensure Compact Administrators under AS 08.68.500.
(12) appoint the executive administrator of the board to serve as the state administrator of the Interstate Commission Nurse nsure Compact Administrators under AS 08.68.500.
(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 license issued under this chapter or a person holding a multistate licensure privilege [LICENSEE];
(3) prescribe requirements for competence to continue practice.
4.
7.
AS 08.68.140 is amended to read:
Sec.
08.68.140.
Applicability of Administrative Procedure Act.
Except as specified in AS 08.68.333(f) and 08.68.500, the board shall comply with AS 44.62 (Administrative Procedure Act).
* Sec.
8.
License or multistate licensure privilege required.
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 or hold a multistate licensure privilege under AS 08.68.500.
A person practicing or offering to practice as a registered [, ADVANCED PRACTICE REGISTERED,] or practical nurse [NURSING] in the state shall submit evidence of qualification to practice and shall be licensed or hold a multistate licensure privilege under this chapter.
A person practicing or offering to practice as an advanced practice registered nurse in the state shall submit evidence of qualification to practice and shall be licensed under this chapter.
5.
9.
AS 08.68.220 is amended by adding a new subsection to read:
AS 08.68.170 is amended to read:
(b) The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for a multistate license to practice registered nursing or practical nursing issued under AS 08.68.500.
SB 130 -6- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A 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.
An applicant for a multistate license to practice registered nursing shall, in addition to the requirements of this chapter, meet the requirements of AS 08.68.500.
(b) An applicant for a license to practice practical nursing may obtain a license to practice in this state under this chapter or a muls tiate license that meets the requirements of this chapter and AS 08.68.500.
An applicant for a license to practice practical nursing under this chapter 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 or is practicing as a registered nurse in the state under a multistate licensure privilege;
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.
6.
10.
AS 08.68.190 is amended by adding a new subsection to read:
SB0130A -7- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A (c) If an applicant meets the qualifications set out in AS 08.68.170 and 08.68.500 for the license for which the applicant applied, the board shall issue a multistate license to practice registered or practical nursing to an applicant who passes the licensing examination to practice registered or practical nursing.
* Sec.
11.
AS 08.68.220 is amended to read:
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 single-state license:
(A) application;
(B) license by examination;
(C) license by endorsement;
(D) license renewal;
(E) temporary permit;
(2) practical nursing single-state license:
(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;
(4) registered nursing multistate license:
(A) application;
(B) license;
(C) license renewal;
(5) practical nursing multistate license:
(A) application;
SB 130 -8- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A (B) license;
(C) license renewal.
* Sec.
12.
AS 08.68.230(a) is amended to read:
(a) A person who holds a license or multistate licensure privilege [LICENSED] to practice registered nursing in the state may use the title "registered nurse " and the abbreviation "R.N."[.] * Sec.
13.
AS 08.68.230(b) is amended to read:
(b) A person who holds a license or multistate licensure privilege [LICENSED] to practice practical nursing in the state may usehte title "licensed practical nurse" and the abbreviation "L.P.N." * Sec.
14.
AS 08.68.251(a) is amended to read:
(a) A lapsed license issued by the board under this chapter 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.
* Sec.
15.
AS 08.68.275(c) is amended to read:
(c) The board may summarily suspend a license issued by the board under this chapter 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.
* Sec.
16.
AS 08.68.275(d) is amended to read:
(d) The board may reinstate a license issued by the board under this chapter that has been suspended or revoked if the board finds, after a hearing, that the applicant is able to practice with skill and safety.
* Sec.
17.
AS 08.68.275 is amended by adding a new subsection to read:
(g) The board may take the following disciplinary actions singly or in combination against an individual who is practicing in this state under a multistate SB0130A -9- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A licensure privilege:
(1) suspend the multistate licensure privilege in the state for a stated period of time;
(2) censure the individual;
(3) issue a letter of reprimand;
(4) impose limitations or conditions on the professional practice of the individual in the state;
(5) impose peer review;
(6) 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;
(7) impose probation and require the individual to report regularly to the board on matters involving the basis for the probation.
* Sec.
18.
SSSB 130 -4- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S ARTICLE I Findings and Declaration of Purpose (a) The legislature finds that:
ARTICLE I Findings and Declaration of Purpose (a) The legislature finds that:
(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
SB 130 -10- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A (4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
(6) Decrease redundancies in the consideration and issuance of nurse SB0130B -5- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S licenses;
(6) Decrease redundancies in the consideration and issuance of nurse licenses;
ARTICLE II Definitions As used in this compact, unless the context clearly requires a different construction, (1) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.
ARTICLE II Definitions As used in this compact, unless the context clearly requires a different construction, (1) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease SB0130A -11- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A and desist action.
(6) "Home state" means the party state which is the nurse's primary SSSB 130 -6- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S state of residence.
(6) "Home state" means the party state which is the nurse's primary state of residence.
(11) "Party state" means any state that has adopted this Compact.
SB 130 -12- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A (11) "Party state" means any state that has adopted this Compact.
SB0130B -7- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement.
(b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement.
or has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board- approved prelicensure education program;
or has graduated from a SB0130A -13- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board- approved prelicensure education program;
(8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as SSSB 130 -8- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S determined on a case-by-case basis;
(8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
The administrator of the coordinated licensure information system shall promptly notify the home state of SB 130 -14- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A any such actions by remote states.
requirements to obtain SB0130B -9- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S a multistate license from a new home state.
requirements to obtain a multistate license from a new home state.
ARTICLE IV Applications for Licensure in a Party State (a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
ARTICLE IV Applications for Licensure in a Party State (a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other SB0130A -15- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
SSSB 130 -10- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S ARTICLE V Additional Authorities Invested in Party State Licensing Boards (a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:
ARTICLE V Additional Authorities Invested in Party State Licensing Boards (a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:
In so doing, the home state shall apply its own state laws to determine appropriate action.
In so doing, the home state shall apply its own state laws to SB 130 -16- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A determine appropriate action.
(5) Obtain and submit, for each nurse licensure applicant,gerprint SB0130B -11- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license.
(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states SB0130A -17- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A shall be deactivated until all encumbrances have been removed from the multistate license.
(c) All licensing boards shall promptly report to the coordinated licensure SSSB 130 -12- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party stes or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(f) Any personally identifiable information obtained from the coordinated SB 130 -18- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
ARTICLE VII Establishment of the Interstate Commission of Nurse Licensure Compact Administrators SB0130B -13- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.
ARTICLE VII Establishment of the Interstate Commission of Nurse Licensure Compact Administrators (a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.
The head of the state licensing board or designee shall be the administrator of this Compact for each party state.
The SB0130A -19- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A head of the state licensing board or designee shall be the administrator of this Compact for each party state.
SSSB 130 -14- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (A) Noncompliance of a party state with its obligations under this Compact;
(A) Noncompliance of a party state with its obligations under this Compact;
(F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(F) Disclosure of trade secrets or commercial or financial SB 130 -20- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A information that is privileged or confidential;
SB0130B -15- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including but not limited to:
(c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including but not limited to:
(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets.
(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with SB0130A -21- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets.
(e) The Commission shall maintain its financial records in accordance with the SSSB 130 -16- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S bylaws.
(e) The Commission shall maintain its financial records in accordance with the bylaws.
(4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations;
(4) To borrow, accept or contract for services of personnel, including, SB 130 -22- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A but not limited to, employees of a party state or nonprofit organizations;
SB0130B -17- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (11) To borrow money;
(11) To borrow money;
(h) Financing of the Commission (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(h) Financing of the Commission (1) The Commission shall pay, or provide for the payment of, the SB0130A -23- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A reasonable expenses of its establishment, organization and ongoing activities.
(i) Qualified Immunity, Defense and Indemnification (1) The administrators, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property SSSB 130 -18- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities;
(i) Qualified Immunity, Defense and Indemnification (1) The administrators, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities;
(2) The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities;
(2) The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred SB 130 -24- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A within the scope of Commission employment, duties or responsibilities;
Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisionCompact.s SB0130B -19- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this Compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
(2) The text of the proposed rule or amendment, and the reason for the proposed rule;
SB0130A -25- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A (2) The text of the proposed rule or amendment, and the reason for the proposed rule;
SSSB 130 -20- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (h) If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule.
(h) If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule.
(k) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule.
(k) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably SB 130 -26- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A possible, in no event later than ninety (90) days after the effective date of the rule.
ARTICLE IX Oversight, Dispute Resolution and Enforcement SB0130B -21- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (a) Oversight (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact's purposes and intent.
ARTICLE IX Oversight, Dispute Resolution and Enforcement (a) Oversight (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact's purposes and intent.
(b) Default, Technical Assistance and Termination (1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
(b) Default, Technical Assistance and Termination (1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the SB0130A -27- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A promulgated rules, the Commission shall:
(4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the SSSB 130 -22- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S effective date of termination, including obligations that extend beyond the effective date of termination.
(4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(c) Dispute Resolution (1) Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states.
(c) Dispute Resolution (1) Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between SB 130 -28- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A party and non-party states.
SB0130B -23- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S The relief sought may include both injunctive relief and damages.
The relief sought may include both injunctive relief and damages.
All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall be deemed to have withdrawn from said Prior Compact within six (6) months after the effective date of this Compact.
All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall SB0130A -29- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A be deemed to have withdrawn from said Prior Compact within six (6) months after the effective date of this Compact.
SSSB 130 -24- SB0130B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\S (g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
(g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
ARTICLE XI Construction and Severability This Compact shall be liberally construed so as to effectuate purposes thereof.
ARTICLE XI Construction and Severability This Compact shall be liberally construed so as to effectuate the purposes thereof.
If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
If this Compact shall be held to be contrary to the constitution of any party state, this SB 130 -30- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
7.
19.
AS 08.68.800(a) is amended to read:
(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 does not hold a multistate licensure privilege to practice in this state and 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 who does not hold a multistate licensure privilege to practice in this state and 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.
* Sec.
20.
AS 08.68.805 is amended to read:
Sec.
08.68.805.
Delegation of nursing functions.
A registered, advanced practice registered, or practical nurse licensed under this chapter or a registered or practical nurse holding a multistate licensure privilege 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 or a multistate SB0130A -31- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A licensure privilege if the person meets the applicable requirements established by the board.
* Sec.
21.
AS 08.68.850(1) is amended to read:
(1) "advanced practice registered nurse" means a [REGISTERED] nurse licensed to practice registered nursing in this state [IN THE STATE] who, because of specialized education and experience, is licensed by the board [CERTIFIED] to perform acts of medical diagnosis and the prescription and dispensing of medical, therapeutic, or corrective measures under regulations adopted by the board;
* Sec.
22.
AS 08.68.850 is amended by adding new paragraphs to read:
(13) "multistate license" means a license issued by the board under AS 08.68.500 to practice registered nursing or practical nursing in another state that is a party to the Multistate Nurse Licensure Compact enacted under AS 08.68.500;
(14) "multistate licensure privilege" means a legal authorization for a person holding a multistate license issued by another state to practice registered nursing or practical nursing in this state under the terms of the Multistate Nurse Licensure Compact enacted under AS 08.68.500;
(15) "single-state license" means a license issued under this chapter to practice registered nursing or practical nursing in the snd does not authorize practice in another state.
* Sec.
23.
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 or holding a multistate licensure privilege under AS 08.68;
a dispensing optician 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 defined in AS 47.32.900, including a governmentally owned or operated SB 130 -32- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A 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.
24.
AS 09.65.095(c)(1) is amended to read:
(1) "health care provider" means a nurse licensed or holding a multistate licensure privilege under AS 08.68, a physician licensed under AS 08.64, and a person certified by a hospital as competent to take blood samples;
* Sec.
25.
AS 18.20.095(e)(2) is amended to read:
(2) "licensed staff member" means a person who is employed by the hospital to provide direct patient care and who is licensed or certified in the state as a physician or physician assistant under AS 08.64, direct-entry midwife under AS 08.65, nurse licensed or holding a multistate licensure privilege under AS 08.68 or nurse aide under AS 08.68, or physical therapist or occupational therapist under AS 08.84;
* Sec.
26.
AS 18.20.499(3) is amended to read:
(3) "nurse" means an individual licensed or holding a multistate licensure privilege to practice registered nursing or practical nursing under AS 08.68 who provides nursing services through direct patient care or clinical services and includes a nurse manager when delivering in-hospital patient care;
* Sec.
27.
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 or holding a multistate licensure privilege 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;
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;
SB0130A -33- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A * Sec.
28.
AS 47.07.045(b) is amended to read:
(b) Before the department may terminate payment for services provided under (a) of this section, (1) the recipient must have had an annual assessment to determine whether the recipient continues to meet the standards under (a) of this section;
(2) the annual assessment must have been reviewed by an independent qualified health care professional under contract with the department;
for purposes of this paragraph, "independent qualified health care professional" means, (A) for a waiver based on intellectual or developmental disability, a person who is qualified under 42 C.F.R.
483.430 as a qualified intellectual disability professional;
(B) for other allowable waivers, a registered nurse licensed or holding a multistate licensure privilege under AS 08.68 or an advanced practice registered nurse licensed under AS 08.68 who is qualified to assess children with complex medical conditions, older Alaskans, and adults with physical disabilities for medical assistance waivers;
and (3) the annual assessment must find that the recipient's condition has materially improved since the previous assessment;
for purposes of this paragraph, "materially improved" means that a recipient who has previously qualified for a waiver for (A) a child with complex medical conditions, no longer needs technical assistance for a life-threatening condition, and is expected to be placed in a skilled nursing facility for less than 30 days each year;
(B) intellectual or developmental disability, no longer needs the level of care provided by an intermediate care facility for persons with intellectual and developmental disabilities either because the qualifying diagnosis has changed or the recipient is able to demonstrate the ability to function in a home setting without the need for waiver services;
or (C) an older Alaskan or adult with a physical disability, no longer has a functional limitation or cognitive impairment that would result in the need for nursing home placement, and is able to demonstrate the ability to SB 130 -34- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A function in a home setting without the need for waiver services.
* Sec.
29.
AS 47.30.915(16) is amended to read:
(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 or holding a multistate licensure privilege under AS 08.68;
a marital and family therapist licensed by the Board of Marital and Family Therapy;
a professional 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;
* Sec.
30.
AS 47.33.020(d) is amended to read:
(d) An assisted living home may provide intermittent nursing services to a resident who does not require 24-hour nursing services and supervision.
Intermittent nursing services may be provided only by a nurse licensed or holding a multistate licensure privilege under AS 08.68 or by a person to whom a nursing task has been delegated under (e) of this section.
* Sec.
31.
AS 47.33.020(e) is amended to read:
(e) A person who is on the staff of an assisted living home and who is not a nurse licensed or holding a multistate licensure privilege under AS 08.68 may perform a nursing task in that home if (1) the authority to perform that nursing task is delegated to that person by a nurse licensed or holding a multistate licensure privilege under AS 08.68;
and (2) that nursing task is specified in regulations adopted by the Board of SB0130A -35- SB 130 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A Nursing as a task that may be delegated.
* Sec.
32.
AS 47.33.020(f) is amended to read:
(f) A resident who needs skilled nursing care may, with the consent of the assisted living home, arrange for that care to be provided in the home by a nurse licensed or holding a multistate licensure privilege under AS 08.68 if that arrangement does not interfere with the services provided to other residents.
* Sec.
33.
AS 47.33.020(g) is amended to read:
(g) As part of a plan to avoid transfer of a resident from the home for medical reasons, the home may provide, through the services of a nurse who is licensed or holding a multistate licensure privilege under AS 08.68, 24-hour skilled nursing care to the resident for not more than 45 consecutive days.
* Sec.
34.
AS 47.33.020(h) is amended to read:
(h) If a resident has received 24-hour skilled nursing care for the 45-day limit set by (g) of this section, the resident or the resident's representative may elect to have the resident remain in the home without continuation of 24-hour skilled nursing care if the home agrees to retain the resident after (1) the home and either the resident or the resident's representative have consulted with the resident's physician;
(2) the home and either the resident or the resident's representative have discussed the consequences and risks involved in the election to remain in the home;
and (3) the portion of the resident's assisted living plan that relates to health-related services has been revised to provide for the resident's health-related needs without the use of 24-hour skilled nursing care, and the revised plan has been reviewed by a registered nurse licensed or holding a multistate licensure privilege under AS 08.68, or advanced practice registered nurse licensed under AS 08.68, or by the resident's attending physician.
* Sec.
35.
AS 47.33.230(c) is amended to read:
(c) If the assisted living home provides or arranges for the provision of health- related services to a resident, the home shall ensure that a (1) registered nurse licensed or holding a multistate licensure SB 130 -36- SB0130A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0754\A privilege under AS 08.68 or advanced practice registered nurse licensed under AS 08.68 reviews the portion of an assisted living plan that describes how the resident's need for health-related services will be met;
and (2) physician's statement about the resident is included in the plan.
* Sec.
36.
8.
37.
Section 7 of this Act takes effect immediately under AS 01.10.070(c).
Section 36 of this Act takes effect immediately under AS 01.10.070(c).
9.
38.
8 of this Act, this Act takes effect July 1, 2024.
37 of this Act, this Act takes effect July 1, 2024.
SB0130B -25- SSSB 130 New Text Underlined [DELETED TEXT BRACKETED]
SB0130A -37- SB 130 New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (S) REFERRED TO LABOR & COMMERCE

  2. (S) L&C, FIN

  3. (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS

  4. (S) L&C, FIN

  5. (S) READ THE FIRST TIME - REFERRALS

Sponsors

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

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Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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healthcare labor
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Frequently asked questions

Who sponsors SB 130?
SB 130 is sponsored by Donald Olson (D).
What is the current status of SB 130?
This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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