12 AAC — Professional Regulations

Part 1 Boards and Commissions Subject to Centralized Licensing

Chapter 02 General Occupational Licensing Functions

Article 1 Collection of Fees

12 AAC 02.010 Licensing and renewal fees

(a) The department will collect fees for licensing and for license renewal for the boards and professions listed in AS 08.01.010.

(b) Except as provided in (f) of this section, the department will not issue or renew a license unless the applicable fees established in AS 08 or this chapter have been collected.

(c) Except as otherwise provided in this title, an application for initial licensure or renewal of license will be considered filed as of the filing date of the document, as determined by 12 AAC 02.920.

(d) Repealed 5/4/90.

(e) An application fee is not refundable.

(f) Except as otherwise provided in this title, and notwithstanding (b) of this section, an applicant for an initial license may enter into an agreement with the department to establish a payment plan for the total amount of the initial license fee. The department will not establish a payment plan that runs past the end of the initial biennial licensing period, and will require in the plan that the licensee pay the total amount of the initial license fee as a condition for renewal of the license. If the applicant fails to submit a payment required under the agreement,

(1) the department may issue a cease and desist order under AS 08.40.175 or 08.40.360; or

(2) that individual may be subject to disciplinary action under applicable provisions of AS 08 and this title, including suspension or revocation of the license.

(g) An applicant whose license application has been approved pending receipt of the license fee must submit the license fee to the department not later than 12 months after being notified that the license application was approved. Except as provided in (f) of this section, an applicant who does not submit the license fee to the department during the 12-month period must reapply for licensure.

History

Authority: AS 08.01.050; AS 08.01.065; AS 08.01.100 AS 08.01.060; AS 08.01.080
Eff. 10/2/81, Register 80; am 12/5/84, Register 92; am 3/6/86, Register 97; am 5/4/90, Register 114; am 2/13/94, Register 129; am 12/28/97, Register 144; am 5/14/2021, Register 238

12 AAC 02.015 Refund of license fees

(a) Except as provided in (b) of this section, after a license is initially issued or renewed, the department will not refund the initial license fee or the license renewal fee.

(b) On request, the department will issue a prorated refund of a license fee paid for a licensing period in which the individual licensee dies. The department will issue the refund to the estate of the licensee. The department will not issue a refund when the estate of the licensee remains a partner in a partnership that received a license under AS 08.

(1) a written request for a refund within 12 months of the licensee's death or before the end of the licensing period in which the licensee died, whichever time period is greater; and

(2) verification of the licensee's death; the department will accept a letter from a coroner or mortuary, a death certificate, or a copy of a newspaper article as verification.

(d) The department will calculate the amount of the prorated refund described in (b) of this section based on the number of complete months remaining in the licensing period on the date of the licensee's death.

History

Authority: AS 08.01.050; AS 08.01.065; AS 08.01.080
Eff. 9/11/97, Register 143

12 AAC 02.020 Prorating renewal fees

The department will prorate the first license renewal fees following initial licensure, in accordance with 12 AAC 02.030. All renewal fees, including penalty and delinquent fees must be paid by the licensee applying for renewal of a license, except as provided in 12 AAC 02.030(a)(1) and (b)(1).

History

Authority: AS 08.01.050; AS 08.01.080; AS 08.01.100
Eff. 10/2/81, Register 80; am 12/5/84, Register 92

12 AAC 02.030 Prorating initial renewal fees

(a) When the department issues an initial biennial license

(1) on or within the 90 days before the date by which it must be renewed, the applicant shall pay the entire license fee but is not required to pay the prescribed renewal fee until the second renewal date;

(2) more than 90 days but 12 months or less before the date by which the license must be renewed, the applicant shall pay the entire license fee, and shall pay one-half of the prescribed renewal fee at the time of the first renewal date; or

(3) more than 12 months before the date by which the license must be renewed, the applicant shall pay the entire license fee, and shall pay the entire prescribed renewal fee at the time of the first renewal date.

(b) When the department issues an initial annual license

(2) more than 90 days but six months or less before the date by which the license must be renewed, the applicant shall pay the entire license fee, and shall pay one-half of the prescribed renewal fee at the time of the first renewal date; or

(3) more than six months before the date by which the license must be renewed, the applicant shall pay the entire license fee, and shall pay the entire prescribed renewal fee at the time of the first renewal date.

(d) Repealed 9/29/2005.

(e) The department will not prorate fees for applications, examinations, reexaminations, credential review or investigation, temporary or emergency permits, locum tenens permits, certificates, or other such fees established in AS 08 or in this chapter.

History

Authority: AS 08.01.065; AS 08.01.080; AS 08.01.100
Eff. 10/2/81, Register 80; am 3/28/82, Register 81; am 12/5/84, Register 92; am 3/6/86, Register 97; em am 10/27/88 - 2/23/89, Register 108; am 5/4/90, Register 114; am 5/20/92, Register 122; am 5/28/93, Register 126; am 12/28/97, Register 144; am 9/29/2005, Register 175

Article 2 Occupational Licensing Fees

12 AAC 02.100 Fees established by department

The fees established in this chapter have been adopted by the department after considering any recommendations of the applicable board or commission listed in AS 08.01.010.

History

Authority: AS 08.01.065
Eff. 3/6/86, Register 97; am 5/28/93, Register 126

12 AAC 02.102 Fees for a temporary license issued under AS 25.27.244; waivers; refunds

(a) When the division issues a temporary license under AS 25.27.244, the division will collect the annual or biennial license fee for the trade or profession for which the temporary license is issued, subject to the refund and waiver provisions set out in this section. The temporary license fee is the amount paid to the division under this section from the annual or biennial license fee that is not refunded or waived under this section.

(b) Repealed 5/14/2021.

(1) issued a release by the child support services agency and takes the action necessary, on or before the expiration date of the temporary license, to convert the temporary license to an annual or biennial license under AS 08 or AS 46.03.375, the division will waive one-half of the annual or biennial license fee for the trade or profession for which the individual is receiving an annual or biennial license;

(2) not issued a notice of release by the child support services agency on or before the expiration date of the temporary license, the department will

(A) refund one-half of the annual or biennial license fee paid under (a) of this section; and

(B) not refund a bond, cash deposit, negotiable instrument, or other mechanism to provide proof of financial responsibility that was deposited for claims under AS 08 or this chapter, except as required by law.

(d) In this section, "annual or biennial license fee" means the initial license fee or the license renewal fee established in

(1) this chapter for a licensing category included under the trades and professions listed in AS 08.01.010; and

(2) 18 AAC 78.495 for certification as an underground storage tank worker.

History

Authority: AS 08.01.050; AS 08.01.065; AS 25.27.244
Eff. 11/20/96, Register 140; am 9/11/97, Register 143; am 12/2/99, Register 152; am 5/14/2021, Register 238

12 AAC 02.105 Administrative fees

Except as otherwise provided in this chapter for a particular board or occupation, the following fees apply to all boards and professions listed in AS 08.01.010:

(1) repealed 9/12/2024;

(2) fee for verification or certification of an Alaska license, registration, or examination, $20;

(3) name change, except for construction contractors, $0;

(4) repealed 9/12/2024;

(5) repealed 9/12/2024;

(6) returned check fee, $30;

(7) repealed 12/28/97;

(8) repealed 9/12/2024;

(9) repealed 1/5/2024;

(10) fee for proctoring an examination for another state's applicant, $50;

(11) fee for specialized report of licensing data that the department has agreed to provide, $100 plus the cost of supplies;

(12) repealed 1/5/2024;

(13) repealed 1/5/2024;

(14) repealed 12/22/2024;

(15) courtesy license application fee, $50;

(16) examination review fee, $50;

(17) nonrefundable application fee for a temporary license, for a temporary military courtesy license, or for an initial license under the federal Servicemembers Civil Relief Act (50 U.S.C. 4025a), $100;

(18) fee for a temporary military courtesy license issued under AS 08.01.063 or 08.01.064, $100;

(19) nonrefundable fingerprint processing fee, $75;

(20) fee for an initial license issued under the federal Servicemembers Civil Relief Act (50 U.S.C. 4025a), $0.

History

Authority: AS 08.01.062; AS 08.01.065 AS 08.01.063; AS 08.01.100
Eff. 9/27/86, Register 99; am 11/20/86, Register 100; am 4/3/88, Register 105; am 5/28/93, Register 126; am 2/13/94, Register 129; am 12/28/97, Register 144; am 11/27/98, Register 148; am 6/13/2002, Register 162; am 3/25/2004, Register 169; am 5/14/2021, Register 238; am 1/5/2024, Register 249; am 9/12/2024, Register 251; am 12/22/2024, Register 252; am 4/5/2025, Register 254

12 AAC 02.106 Telemedicine business registry

Repealed.

History

Eff. 4/28/2017, Register 222; repealed 3/6/2026, Register 257

12 AAC 02.107 Prescription drug monitoring program controlled substance prescription database registration

The following fees are established for registration as required under AS 17.30.200 with the prescription drug monitoring program (PDMP) controlled substance prescription database by a pharmacist who dispenses, or a practitioner who prescribes, administers, or directly dispenses a schedule II, III, or IV controlled substance under federal law:

(1) initial registration fee, $0;

(2) biennial registration renewal fee, $0.

History

Authority: AS 08.01.065; AS 17.30.200
Eff. 4/22/2018, Register 226; am 12/23/2021, Register 240

12 AAC 02.108 Acupuncturists

The following fees are established for acupuncturists:

(1) application fee for initial license, $200;

(2) license fee for all or part of the initial biennial license period, $325;

(3) biennial license renewal fee, $325.

History

Authority: AS 08.01.010; AS 08.06.030 AS 08.01.065; AS 08.06.100
Eff. 5/20/92, Register 122; am 5/28/93, Register 126; am 9/11/94, Register 131; am 7/25/96, Register 139; am 8/10/2000, Register 155; am 8/26/2004, Register 171; am 7/20/2006, Register 179; am 8/24/2016, Register 219; am 7/25/2018, Register 227

12 AAC 02.110 Board of Registration for Architects, Engineers, and Land Surveyors

(a) The following fees are established for architects, engineers, land surveyors, and landscape architects:

(1) application fee for initial registration and corporate, limited liability company, or limited liability partnership certification, $200;

(2) repealed 10/29/2017;

(3) registration fee for all or part of the initial biennial registration period, $100;

(4) biennial registration renewal fee, $100;

(5) corporation, limited liability company, or limited liability partnership certification fee, for all or part of the biennial certification period, $300;

(6) biennial corporation, limited liability company, or limited liability partnership certification renewal fee, $300;

(7) amendment to corporate, limited liability company, or limited liability partnership certification, $75;

(8) repealed 11/13/2014;

(9) repealed 10/29/2017;

(10) retired status registration one-time fee, $25;

(11) late renewal penalty fee, $50;

(12) continuing education extension period fee, $50.

(b) The following examination fee is established for land surveyors:

(1) Alaska Land Surveying Exam (AKLS), $100;

(2) repealed 11/13/2014.

(d) The examination fees established in this section are due each time an applicant applies for an examination or examination division.

(e) The following fee is established for opening a file for the retention of completed land surveyor work verification forms: $50.

(f) The following fee is established for a landscape architect examination eligibility application: $50.

History

Authority: AS 08.01.065; AS 08.01.100; AS 08.48.265
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/4/90, Register 114; am 5/20/92, Register 122; am 9/5/93, Register 127; am 11/3/95, Register 136; am 4/19/97, Register 142; am 7/26/97, Register 143; am 11/29/97, Register 144; am 1/8/98, Register 145; am 11/14/99, Register 152; am 2/2/2001, Register 157; am 8/8/2003, Register 167; am 12/2/2005, Register 176; am 11/18/2006, Register 180; am 6/22/2008, Register 186; am 11/26/2009, Register 192; am 11/30/2013, Register 208; am 11/13/2014, Register 212; am 11/4/2015, Register 216; am 10/29/2017, Register 224; am 10/31/2019, Register 232; am 1/5/2024, Register 249

12 AAC 02.130 Audiologists, hearing aid dealers, speech-language pathologists, and speech-language pathologist assistants

The following fees are established for audiologists, hearing aid dealers, speech-language pathologists, and speech-language pathologist assistants:

(1) application fee for initial license or registration, $200;

(2) temporary license fee for audiologists or speech-language pathologists, $70;

(3) audiologist or speech-language pathologist license or compact privilege fee for all or part of the initial biennial license period, $70;

(4) biennial audiologist or speech-language pathologist license renewal or compact privilege renewal fee, $70;

(5) hearing aid dealer license fee for all or part of the initial biennial license period, $70;

(6) hearing aid dealer biennial license renewal fee, $70;

(7) delinquent fee for delayed renewal, $50;

(8) speech-language pathologist assistant registration fee for all or part of the initial biennial registration period, $70;

(9) biennial speech-language pathologist assistant registration renewal fee, $70;

(10) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19).

History

Authority: AS 08.01.065; AS 08.11.025; AS 08.11.300 AS 08.11.010; AS 08.11.030; AS 08.55.010 AS 08.11.015; AS 08.11.043; AS 08.55.020 AS 08.11.020; AS 08.11.050; AS 08.55.040
Eff. 9/27/86, Register 99; am 10/1/88, Register 107; am 5/28/93, Register 126; am 9/11/94, Register 131; am 8/29/98, Register 147; am 11/14/99, Register 152; am 8/10/2000, Register 155; am 10/12/2000, Register 156; am 8/26/2004, Register 171; am 1/20/2005, Register 173; am 7/20/2006, Register 179; am 8/24/2016, Register 219; am 8/1/2018, Register 227; am 8/13/2022, Register 243; am 4/5/2025, Register 254

12 AAC 02.140 Board of Barbers and Hairdressers

(a) The following fees are established:

(1) nonrefundable application fee for

(A) initial license, $150;

(B) courtesy license, $80;

(2) temporary permit fee, $100;

(3) fee for student permit, student instructor permit, or apprenticeship that is valid for

(A) one year, $100;

(B) two years, $125;

(4) repealed 11/23/2023;

(5) barber, non-chemical barber, hairdresser, esthetician, or instructor practical examination fee, as set by and paid directly to the contracted third-party vendor;

(6) temporary license fee, $100;

(7) repealed 11/23/2023;

(8) temporary shop license fee, $100;

(9) courtesy license for practitioners of hairdressing, body piercing, tattooing, or permanent cosmetic coloring, $80;

(10) advanced manicurist endorsement one-time fee, $20.

(b) The following license fees are established for all or part of the initial biennial license period:

(1) barber, non-chemical barber, or hairdresser, $180;

(2) esthetician, $180;

(3) instructor, $260;

(4) shop owner, $260;

(5) school and school owner combined, $660;

(6) manicurist, $180;

(7) repealed 6/8/2016;

(8) practitioner of tattooing or permanent cosmetic coloring, $180;

(9) practitioner of body piercing, $180;

(10) practitioner of hair braiding, $180.

(1) barber, non-chemical barber, or hairdresser, $180;

(2) esthetician, $180;

(3) instructor, $260;

(4) shop owner, $260;

(5) school and school owner combined, $660;

(6) manicurist and advanced manicurist endorsement, $180;

(7) repealed 6/8/2016;

(8) practitioner of tattooing or permanent cosmetic coloring, $180;

(9) practitioner of body piercing, $180;

(10) practitioner of hair braiding, $180.

History

Authority: AS 08.01.065; AS 08.13.185
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/28/93, Register 126; am 5/17/95, Register 134; am 5/30/97, Register 142; am 7/30/99, Register 151; am 11/14/99, Register 152; am 1/14/2001, Register 157; am 6/21/2001, Register 158; am 12/6/2002, Register 164; am 6/7/2009, Register 190; am 6/28/2009, Register 190; am 8/5/2011, Register 199; am 5/15/2013, Register 206; am 8/15/2015, Register 215; am 8/16/2015, Register 215; am 6/8/2016, Register 218; am 6/21/2018, Register 226; am 1/1/2019, Register 228; am 11/23/2023, Register 248; am 9/12/2024, Register 251

12 AAC 02.145 Board of Certified Direct-Entry Midwives

The following fees are established for direct-entry midwives and apprentices:

(1) nonrefundable application fee

(A) initial certification, $500;

(B) emergency courtesy license, $50;

(2) certification fee for all or part of the initial biennial certification period, $2,800;

(3) biennial certification renewal fee, $2,800;

(4) apprentice direct-entry midwife permit fee, $300;

(5) biennial apprentice direct-entry midwife permit renewal fee, $300;

(6) nonrefundable application fee for initial apprentice direct-entry midwife permit, $250;

(7) emergency courtesy license, $950.

History

Authority: AS 08.01.062; AS 08.01.065; AS 08.65.100
Eff. 1/22/93, Register 125; am 10/29/94, Register 132; am 11/15/96, Register 140; am 5/5/99, Register 150; am 10/28/2000, Register 156; am 11/15/2002, Register 164; am 10/15/2004, Register 172; am 10/31/2008, Register 188; am 12/3/2010, Register 196; am 12/2/2012, Register 204; am 11/30/2014, Register 212; am 10/22/2016, Register 220; am 7/4/2020, Register 235; am 11/30/2020, Register 237; am 2/22/2023, Register 245

12 AAC 02.150 Board of Chiropractic Examiners

(a) The following fees are established for chiropractors:

(1) application fee for

(A) initial license, $600;

(B) locum tenens permit, $600;

(2) license fee for all or part of the initial biennial license period, $1,000;

(3) biennial license renewal fee, $1,000;

(4) temporary permit fee, $150;

(5) examination fee, $0;

(6) locum tenens permit fee, $150;

(7) inactive license fee, $150;

(8) retired status license fee, $150;

(9) specialty designation fee, $50;

(10) fee for any courtesy license, $150;

(11) continuing education course approval fee, $125;

(12) continuing education course change approval fee, $50;

(13) delayed renewal penalty fee, $200.

(b) The peer review fee charged to a complainant is $50.

History

Authority: AS 08.01.062; AS 08.01.100; AS 08.20.185 AS 08.01.065; AS 08.20.180
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/28/93, Register 126; am 10/29/94, Register 132; am 11/15/96, Register 140; am 2/21/97, Register 141; am 11/27/98, Register 148; am 1/14/2001, Register 157; am 6/17/2001, Register 158; am 6/13/2002, Register 162; am 11/15/2002, Register 164; am 8/20/2004, Register 171; am 10/15/2004, Register 172; am 12/12/2008, Register 188; am 1/29/2009, Register 189; am 11/21/2010, Register 196; am 11/28/2010, Register 196; am 9/9/2016, Register 219; am 9/12/2024, Register 251

12 AAC 02.155 Board of Social Work Examiners

(a) The following fees are established for social workers:

(1) nonrefundable application fee for

(A) initial license, $100;

(B) emergency courtesy license, $50;

(2) clinical social worker license fee for all or part of the initial biennial license period, $325;

(3) master social worker license fee for all or part of the initial biennial license period, $275;

(4) baccalaureate social worker license fee for all or part of the initial biennial license period, $225;

(5) biennial clinical social worker license renewal fee, $325;

(6) biennial master social worker license renewal fee, $275;

(7) biennial baccalaureate social worker license renewal fee, $225;

(8) temporary license fee, $75;

(9) emergency courtesy license fee, $80;

(b) Repealed 5/14/2021.

(c) The following fees are established for submission of social worker continuing education courses for approval under 12 AAC 18.220:

(1) initial continuing education course submittal fee, $50;

(2) continuing education course resubmittal fee, $25.

History

Authority: AS 08.01.065; AS 08.95.110; AS 08.95.125 AS 08.95.030; AS 08.95.120
Eff. 5/4/90, Register 114; am 5/28/93, Register 126; am 4/20/96, Register 138; am 4/11/98, Register 146; am 5/5/99, Register 150; am 10/28/2000, Register 156; am 8/12/2001, Register 159; am 6/13/2002, Register 162; am 6/1/2006, Register 178; am 6/11/2010, Register 194; am 5/18/2014, Register 210; am 4/24/2016, Register 218; am 5/26/2018, Register 226; am 11/30/2020, Register 237; am 5/14/2021, Register 238

12 AAC 02.160 Collection agencies

(a) The following fees are established for collection agencies:

(1) application fee for initial license, $50;

(2) operator license fee for all or part of the initial biennial license period, $50;

(3) biennial operator license renewal fee, $50;

(4) agency license fee for all or part of the initial biennial license period, $50;

(5) biennial agency license renewal fee, $50;

(6) branch office license fee, for all or part of the initial biennial license period, $50;

(7) biennial branch office license renewal fee, $50;

(8) delayed renewal penalty, $50;

(9) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19).

(b) Under AS 08.24.370, all nonresident operator and agency fees are double the fees established in (a) of this section, except for branch office fees.

History

Authority: AS 08.01.065; AS 08.24.135 AS 08.01.100; AS 08.24.370
Eff. 9/27/86, Register 99; am 10/1/88, Register 107; am 5/28/93, Register 126; am 4/20/96, Register 138; am 4/11/98, Register 146; am 11/14/99, Register 152; am 6/13/2002, Register 162; am 6/4/2008, Register 186; am 6/16/2010, Register 194; am 5/18/2014, Register 210; am 3/13/2020, Register 233; am 1/5/2024, Register 249

12 AAC 02.170 Concert promoters

The following fees are established for concert promoters:

(1) application fee for initial registration, $125;

(2) certificate of registration fee, for all or part of the initial biennial registration period, $500;

(3) biennial certificate of registration renewal fee, $500.

History

Authority: AS 08.01.065; AS 08.92.020; AS 08.92.080
Eff. 9/27/86, Register 99; am 10/1/88, Register 107; am 5/28/93, Register 126; am 10/29/94, Register 132; am 11/15/2002, Register 164; am 12/29/2010, Register 196; am 10/20/2018, Register 228

12 AAC 02.180 Construction contractors

(a) The following fees are established for general, mechanical, and all specialty construction contractors:

(1) nonrefundable application fee for initial registration or residential contractor endorsement, $100;

(2) certificate of registration and license enforcement support fee, for all or part of the initial biennial registration period, $250;

(3) biennial certificate of registration renewal and license enforcement support fee, $250;

(4) fee for change from one specialty to another specialty, or from specialty to mechanical, or from mechanical to specialty, contractor registration, $35;

(5) "doing business as" (dba), owner, or entity change, $65;

(6) bonding research, $30;

(7) residential contractor endorsement fee, for all or part of the initial biennial endorsement period, $250;

(8) biennial residential contractor endorsement renewal fee, $250;

(9) repealed 10/20/2018;

(10) fee for change from a specialty or mechanical contractor registration to a general contractor registration, or a general contractor registration to a specialty contractor or mechanical contractor registration, $75;

(11) initial residential endorsement continuing competency course approval application fee, $25;

(12) residential endorsement continuing competency course approval renewal application fee, $25.

(b) Repealed 10/20/2018.

History

Authority: AS 08.01.065; AS 08.18.041
Eff. 9/27/86, Register 99; am 11/20/86, Register 100; am 10/1/88, Register 107; am 5/4/90, Register 114; am 5/20/92, Register 122; am 8/20/93, Register 127; am 10/29/94, Register 132; am 11/15/96, Register 140; am 11/27/98, Register 148; am 10/28/2000, Register 156; am 3/25/2004, Register 169; am 5/18/2014, Register 210; am 10/20/2018, Register 228; am 9/12/2024, Register 251; am 12/22/2024, Register 252

12 AAC 02.190 Board of Dental Examiners

(a) The following fees for dental hygienists are established:

(1) nonrefundable application fee for

(A) initial license, $100;

(B) courtesy license, $50;

(D) local anesthetic permit, $100;

(E) nitrous oxide certification, $100;

(F) advanced practice permit, $100.

(2) repealed 12/13/2014;

(3) license fee for all or part of the initial biennial license period, $200;

(4) biennial license renewal fee, $200;

(5) local anesthetic permit, $100;

(6) repealed 9/12/2024;

(7) repealed 2/21/2019;

(8) courtesy license fee, $50;

(9) restorative function endorsement fee, for all or part of the initial endorsement period, $60;

(10) restorative function endorsement renewal fee, $60.

(11) nitrous oxide certification one-time fee, $100.

(12) advanced practice permit fee, for all or part of the initial biennial license period, $200;

(13) advanced practice permit biennial renewal fee, $200.

(b) The following fees for dentists are established:

(1) nonrefundable application fee for

(A) initial license, $600;

(B) repealed 12/13/2014;

(D) repealed 12/13/2014;

(E) deep sedation, moderate sedation, minimal sedation, or general anesthetic permit, $100;

(F) temporary permit, $50;

(G) dental specialist license, $300;

(2) nonrefundable application and review fee for license by credentials, $0;

(3) repealed 12/13/2014;

(4) license fee for all or part of the initial biennial license period, $450;

(5) repealed 12/13/2014;

(6) biennial license renewal fee, $450;

(7) repealed 12/13/2014;

(8) repealed 12/13/2014;

(9) deep sedation, moderate sedation, or minimal sedation permit fee for all or part of the initial biennial permit period, $1,000;

(10) biennial deep sedation, moderate sedation, or minimal sedation, permit renewal fee, $350;

(11) repealed 12/13/2014;

(12) general anesthetic permit fee for all or part of the initial biennial permit period, $1,000;

(13) biennial general anesthetic permit renewal fee, $350;

(14) courtesy license fee, $50;

(15) temporary permit fee, $112.50;

(16) temporary permit extension fee, $50.

(17) dental specialist license fee, for all or part of the initial biennial license period, $450.

(c) The following fees are established for submission of dental and dental hygiene continuing education courses for approval under 12 AAC 28.410:

(1) initial continuing education course submittal fee, $50;

(2) continuing education course resubmittal fee, $50.

History

Authority: AS 08.01.065; AS 08.32.070; AS 08.36.250 AS 08.01.100; AS 08.32.071; AS 08.36.254 AS 08.32.030; AS 08.32.081
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 2/18/93, Register 125; am 5/28/93, Register 126; am 10/29/94, Register 132; am 11/15/96, Register 140; am 4/19/97, Register 142; am 11/24/2000, Register 156; am 6/21/2001, Register 158; am 4/10/2003, Register 166; am 12/24/2006, Register 180; am 12/27/2007, Register 184; am 12/12/2008, Register 188; am 4/17/2011, Register 198; am 12/13/2014, Register 212; am 1/15/2017, Register 221; am 4/14/2018, Register 226; am 2/21/2019, Register 229; am 3/5/2023, Register 245; am 7/23/2023, Register 247; am 9/12/2024, Register 251

12 AAC 02.195 Dietitians and nutritionists

The following fees are established for dietitians and nutritionists:

(1) application fee for initial license, $100;

(2) license fee for all or part of the initial biennial license period, $50;

(3) biennial license renewal fee, $50.

History

Authority: AS 08.01.010; AS 08.01.100; AS 08.38.030 AS 08.01.065; AS 08.38.020
Eff. 11/14/99, Register 152; am 12/16/2001, Register 160; am 12/27/2007, Register 184; am 11/26/2009, Register 192; am 11/20/2015, Register 216; am 7/26/2019, Register 231

12 AAC 02.200 Dispensing opticians

The following fees are established for dispensing opticians and apprentices:

(1) nonrefundable application fee for initial license or registration, $50;

(2) license fee for all or part of the initial biennial license period, $275;

(3) biennial license renewal fee, $275;

(4) apprentice registration fee, $250;

(5) apprentice registration change fee, $50;

(6) biennial apprentice registration renewal fee, $50.

History

Authority: AS 08.01.065; AS 08.71.120; AS 08.71.160
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/28/93, Register 126; am 5/17/95, Register 134; am 4/20/97, Register 142; am 6/6/99, Register 150; am 6/17/2001, Register 158; am 12/16/2001, Register 160; am 4/10/2003, Register 166; am 6/9/2007, Register 182; am 6/28/2009, Register 190; am 5/28/2011, Register 198; am 5/15/2013, Register 206; am 12/25/2019, Register 232

12 AAC 02.210 Electrical administrators

The following fees are established for electrical administrators:

(1) nonrefundable application fee for each license category applied for separately, $150;

(2) repealed 9/29/2019;

(3) electrical administrator license fee for all or part of the initial biennial license period, $170;

(4) biennial electrical administrator license renewal fee, $170;

(5) repealed 10/1/88;

(6) repealed 5/30/97.

History

Authority: AS 08.01.065; AS 08.40.150
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/20/92, Register 122; am 10/29/94, Register 132; am 5/17/95, Register 134; am 5/30/97, Register 142; am 7/30/99, Register 151; am 8/12/2001, Register 159; am 7/9/2005, Register 175; am 9/29/2019, Register 231

12 AAC 02.215 Euthanasia of domestic animals

The following fees are established for agencies that purchase, possess, and use certain drugs to euthanize domestic animals:

(1) nonrefundable application fee for initial euthanasia permit, $100;

(2) permit fee for all or part of the initial biennial license period, $300;

(3) biennial permit renewal fee, $300.

History

Authority: AS 08.01.065; AS 08.02.050
Eff. 11/15/2002, Register 164; am 6/17/2005, Register 174; am 6/9/2007, Register 182; am 6/28/2009, Register 190; am 5/15/2013, Register 206; am 3/5/2020, Register 233

12 AAC 02.220 Geologists

The fee for certification of a professional geologist is $50.

History

Authority: AS 08.01.065; AS 08.02.011
Eff. 9/27/86, Register 99; am 10/1/88, Register 107; am 5/28/93, Register 126

12 AAC 02.225 Private professional guardian license and private professional conservator license

The following fees are established for private professional guardians and private professional conservators:

(1) application fee for initial registration, $125;

(2) license fee for all or part of the initial biennial licensing period, $725;

(3) biennial license renewal fee, $725;

(4) temporary license fee for private professional guardian or private professional conservator, $50;

(5) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19).

History

Authority: AS 08.01.065; AS 08.26.060
Eff. 1/1/2005, Register 172; am 12/9/2010, Register 196; am 12/2/2012, Register 204; am 1/5/2024, Register 249

12 AAC 02.230 Big Game Commercial Services Board

(a) The following fees are established for registered and master guide-outfitters:

(1) nonrefundable application fee for initial license, $200;

(2) initial registered guide-outfitter qualification examination or retake examination fee, $125;

(3) game management unit examination fee for taking initial examination, retaking examination, or adding game management units, $400 per game management unit;

(4) registered or master guide-outfitter license fee, for all or part of the biennial license period, $850;

(5) biennial registered or master guide-outfitter license renewal fee, $850;

(6) examination preparation packet for registered guide-outfitter, $100;

(7) retired status license fee, $300.

(8) hunt record annual filing fee, $0;

(9) guide use area registration fee, $100.

(b) The following fees are established for Class-A assistant and assistant guides:

(1) nonrefundable application fee for initial license, $200;

(2) Class-A assistant and assistant guide license fee for all or part of the initial biennial license period, $310;

(3) Class-A assistant and assistant guide biennial license renewal fee, $310;

(4) retired status license fee, $175.

(1) nonrefundable application fee, $200;

(2) transporter license fee, for all or part of the biennial license period, $850;

(3) biennial transporter license renewal fee, $850;

(4) transporter activity report annual filing fee, $0.

(d) Under AS 08.54.770(e), the license fees for nonresidents are double the license fees established in (a) - (c) of this section.

(e) The following fee is established for each municipality request for hunt record and transporter activity report information under AS 08.54.760(b)(2), $500.

History

Authority: AS 08.01.010; AS 08.54.650; AS 08.54.770 AS 08.01.065; AS 08.54.750 AS 08.01.100; AS 08.54.760
Eff. 3/6/86, Register 97; am 4/3/88, Register 105; am 3/25/89, Register 109; am 8/29/90, Register 115; am 2/25/93, Register 125; am 10/29/94, Register 132; am 5/24/96, Register 138; am 10/19/96, Register 140; am 11/28/99, Register 152; am 12/16/2001, Register 160; am 11/18/2006, Register 180; am 12/21/2007, Register 184; am 11/26/2009, Register 192; am 11/30/2013, Register 208; am 11/20/2015, Register 216; am 11/26/2016, Register 220; am 11/30/2018, Register 228; am 10/20/2023, Register 248

12 AAC 02.235 Home inspectors

The following fees are established for home inspectors and associate home inspectors:

(1) nonrefundable application fee for initial license, $100;

(2) certificate of registration and license enforcement support fee, for all or part of the initial biennial licensing period, $250;

(3) biennial certificate of registration renewal and license enforcement support fee, $250;

(4) bonding research, $30;

(5) fee for adding an additional type of authorized inspection to a registration, $30.

History

Authority: AS 08.01.065; AS 08.18.022; AS 08.18.041
Eff. 3/25/2004, Register 169; am 5/18/2014, Register 210; am 10/20/2018, Register 228

12 AAC 02.240 Board of Marine Pilots

The following fees are established for all license and registration categories of marine pilots and vessel agents:

(1) nonrefundable application fee for

(A) initial deputy marine pilot license, including the application fee for the regional comprehensive local knowledge examination, $300;

(B) core examination, extension of route examination, marine pilot license, vessel agent registration, VLCC endorsement, or tonnage upgrade, $100;

(2) marine pilot license fee for all or part of the initial biennial license period, $700, which will be waived by the department if the applicant is upgrading from a deputy marine pilot license and has paid the deputy marine pilot license fee for the same biennial license period;

(3) biennial marine pilot license renewal fee, $700;

(4) vessel agent registration fee for all or part of the initial biennial registration period, $500;

(5) biennial vessel agent renewal fee, $500;

(6) core examination fee, $500;

(7) deputy marine pilot license fee for all or part of the initial biennial license period, $700;

(8) biennial deputy marine pilot license renewal fee, $700;

(9) regional comprehensive local knowledge examination fee, $500;

(10) extension of route examination fee, $200.

History

Authority: AS 08.01.065; AS 08.62.140
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 11/28/92, Register 124; am 10/29/94, Register 132; am 11/15/96, Register 140; am 11/27/98, Register 148; am 11/15/2002, Register 164; am 10/15/2004, Register 172; am 12/29/2010, Register 196; am 10/20/2018, Register 228; am 10/28/2022, Register 244

12 AAC 02.242 Board of Marital and Family Therapy

The following fees are established for marital and family therapists and associates:

(1) nonrefundable application fee for

(A) initial license, $350;

(B) emergency courtesy license, $50;

(2) license fee for all or part of the initial biennial license period, $750;

(3) biennial license renewal fee, $750;

(4) four-year associate license fee for supervised practice, $350;

(5) temporary license fee, $300;

(6) emergency courtesy licence, $300.

History

Authority: AS 08.01.062; AS 08.63.100; AS 08.63.130 AS 08.01.065; AS 08.63.110; AS 08.63.140
Eff. 6/4/93, Register 126; am 10/1/93, Register 127; am 10/29/94, Register 132; am 11/15/96, Register 140; am 11/27/98, Register 148; am 12/16/2001, Register 160; am 12/9/2010, Register 196; am 12/2/2012, Register 204; am 10/9/2016, Register 220; am 10/7/2018, Register 228; am 11/30/2020, Register 237; am 9/12/2024, Register 251

12 AAC 02.245 Mechanical administrators

The following fees are established for mechanical administrators:

(1) nonrefundable application fee for each license category applied for separately, $150;

(2) repealed 8/21/2019;

(3) mechanical administrator license fee for all or part of the initial biennial license period, $200;

(4) biennial mechanical administrator license renewal fee, $200;

(5) repealed 5/30/97.

History

Authority: AS 08.01.065; AS 08.40.290; AS 08.40.310
Eff. 5/4/90, Register 114; am 10/29/94, Register 132; am 5/17/95, Register 134; am 5/30/97, Register 142; am 7/30/99, Register 151; am 8/12/2001, Register 159; am 7/9/2005, Register 175; am 8/21/2019, Register 231

12 AAC 02.250 State Medical Board

(a) The following fees are established for physicians, podiatrists, and osteopaths:

(1) nonrefundable application fee for initial license, $400;

(2) temporary permit fee, $0;

(3) initial or extended locum tenens permit fee, $150;

(4) license fee for all or part of the initial biennial license period, $350;

(5) active biennial license renewal fee, $350;

(6) inactive biennial license renewal fee, $200;

(7) retired status license one-time fee, $150;

(8) courtesy license fee, $150;

(9) residency permit nonrefundable application and permit fee, $100;

(10) nonrefundable application fee for locum tenens permit, $150;

(11) nonrefundable application fee for courtesy license, $100.

(b) The following fees are established for physician assistants:

(1) nonrefundable application fee for

(A) initial license, $200;

(B) emergency courtesy license, $50;

(2) temporary license fee, $0;

(3) repealed 8/30/2018;

(4) repealed 8/30/2018;

(5) repealed 9/12/2024;

(6) license fee for all or part of the initial biennial license period, $150;

(7) biennial license renewal fee, $150;

(8) graduate physician assistant nonrefundable application and license fee, $100;

(9) inactive biennial license fee, $175;

(10) emergency courtesy license fee, $60.

History

Authority: AS 08.01.062; AS 08.64.270; AS 08.64.315 AS 08.01.065; AS 08.64.272 AS 08.64.107; AS 08.64.276
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/20/92, Register 122; am 5/28/93, Register 126; am 10/29/94, Register 132; am 4/14/96, Register 138; am 11/15/96, Register 140; am 5/30/97, Register 142; am 11/27/98, Register 148; am 11/26/2000, Register 156; am 11/15/2002, Register 164; am 11/21/2010, Register 196; am 11/13/2014, Register 212; am 8/30/2018, Register 227; am 11/30/2020, Register 237; am 2/12/2023, Register 245; am 9/12/2024, Register 251

12 AAC 02.255 Mobile home dealers

Repealed.

History

Eff. 8/2/97, Register 143; repealed 5/14/2021, Register 238

12 AAC 02.260 Mortuary science

(a) A funeral director or embalmer license and a funeral establishment permit expires on December 31 of all even-numbered years. The following fees are established for funeral directors, embalmers, and funeral establishments:

(1) nonrefundable application fee for initial license or permit, $150;

(2) license or permit fee for all or part of the initial license or permit period, $185;

(3) biennial license or permit renewal fee, $185;

(4) state law examination fee, $100.

(b) The following fees are established for funeral director or embalmer trainee permits:

(1) application fee for initial permit, $150;

(2) trainee permit issuance and renewal fee, $100.

History

Authority: AS 08.01.065; AS 08.42.010
Eff. 9/27/86, Register 99; am 4/3/88, Register 105; am 10/1/88, Register 107; am 5/28/93, Register 126; am 10/29/94, Register 132; am 12/28/97, Register 144; am 11/27/98, Register 148; am 12/2/99, Register 152; am 10/28/2000, Register 156; am 12/16/2001, Register 160; am 11/15/2002, Register 164; am 10/15/2004, Register 172; am 6/17/2005, Register 174; am 6/22/2008, Register 186; am 12/12/2008, Register 188; am 12/9/2010, Register 196; am 11/30/2014, Register 212; am 11/11/2016, Register 220; am 8/30/2020, Register 235

12 AAC 02.270 Naturopaths

The following fees are established for naturopaths:

(1) nonrefundable application fee for initial license, $500;

(2) license fee for all or part of the initial biennial license period, $1,800;

(3) biennial license renewal fee, $1,800;

(4) temporary license fee, $500;

(5) repealed 10/28/2000.

History

Authority: AS 08.01.065; AS 08.45.030; AS 08.45.100 AS 08.45.020; AS 08.45.035
Eff. 9/27/86, Register 99; am 10/1/88, Register 107; am 5/28/93, Register 126; am 7/28/94, Register 131; am 3/23/96, Register 137; am 3/12/98, Register 145; am 10/28/2000, Register 156; am 3/24/2006, Register 177; am 3/9/2008, Register 185; am 3/17/2016, Register 217; am 3/15/2018, Register 225

12 AAC 02.280 Board of Nursing: fees for nurses and advanced practice registered nurses

The following fees are established for nurses and advanced practice registered nurses:

(1) nonrefundable application fee for

(A) initial registered or practical nursing license, $200;

(B) advanced practice registered nurse license, $100;

(D) emergency courtesy license, $50;

(2) license fee for all or part of the initial biennial registered or practical nursing license period, $100;

(3) biennial registered or practical nursing license renewal fee, $200;

(4) temporary permit fee, $0;

(5) prescriptive authority or controlled substance authority application one-time fee, $100;

(6) advanced practice registered nurse license fee for all or part of the initial biennial license period, $100;

(7) advanced practice registered nurse biennial license renewal fee, $100.00;

(8) reexamination application fee, as set by and paid directly to the contracted third-party vendor;

(9) late renewal penalty fee, $100;

(10) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19);

(11) emergency courtesy license fee, $50;

(12) retired nurse status license one-time fee, $100.

History

Authority: AS 08.01.062; AS 08.01.100 AS 08.01.065; AS 08.68.220
Eff. 3/6/86, Register 97; am 12/13/87, Register 104; am 6/23/90, Register 114; am 5/20/92, Register 122; am 5/28/93, Register 126; am 2/13/94, Register 129; am 7/28/95, Register 135; am 7/25/96, Register 139; am 8/26/98, Register 147; am 8/10/2000, Register 155; am 6/21/2001, Register 158; am 6/13/2002, Register 162; am 6/16/2002, Register 162; am 11/19/2008, Register 188; am 7/7/2010, Register 195; am 2/20/2014, Register 209; am 8/10/2016, Register 219; am 8/1/2018, Register 227; em am 4/16/2020 - 08/13/2020, Register 234; am 11/30/2020, Register 237; am 4/21/2022, Register 242; am 1/5/2024, Register 249; am 9/12/2024, Register 251

12 AAC 02.282 Board of Nursing: fees for certified nurse aides

The following fees are established for certified nurse aides:

(1) nonrefundable application fee for initial certification, $100;

(2) examination fee, as set by and paid directly to the contracted third-party vendor;

(3) certification fee for all or part of the initial biennial nurse aide certification period, $100;

(4) biennial nurse aide certification renewal fee, $100;

(5) certified nurse aide training program approval fee, $500;

(6) reexamination fee, as set by and paid directly to the contracted third-party vendor;

(7) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19).

History

Authority: AS 08.01.065; AS 08.68.336
Eff. 8/26/98, Register 147; am 5/5/99, Register 150; am 2/26/2000, Register 153; am 6/16/2002, Register 162; am 3/7/2008, Register 185; am 1/30/2010, Register 193; am 2/20/2014, Register 209; am 8/1/2018, Register 227; am 1/5/2024, Register 249; am 9/12/2024, Register 251

12 AAC 02.290 Nursing home administrators

The following fees are established for nursing home administrators:

(1) application fee for

(A) initial license, $125;

(B) provisional license, $100;

(2) license fee for all or part of the initial biennial license period, $250;

(3) biennial license renewal fee, $250;

(4) provisional license fee, $125.

History

Authority: AS 08.01.065; AS 08.70.130 AS 08.70.080; AS 08.70.150
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/20/92, Register 122; am 5/28/93, Register 126; am 10/29/94, Register 132; am 11/15/96, Register 140; am 12/2/99, Register 152; am 6/13/2002, Register 162; am 12/9/2010, Register 196; am 12/2/2012, Register 204

12 AAC 02.300 Board of Examiners in Optometry

The following fees are established for optometrists:

(1) nonrefundable application fee for initial license, $450;

(2) examination fee, $250;

(3) license fee for all or part of the initial biennial license period, $600;

(4) biennial license renewal fee, $600;

(5) retired status license fee, $150;

(6) repealed 4/5/2025;

(7) repealed 4/5/2025.

History

Authority: AS 08.01.065; AS 08.72.191
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/28/93, Register 126; am 10/29/94, Register 132; am 11/15/96, Register 140; am 11/27/98, Register 148; am 10/28/2000, Register 156; am 12/16/2001, Register 160; am 11/15/2002, Register 164; am 11/18/2006, Register 180; am 10/16/2011, Register 200; am 12/2/2012, Register 204; am 11/30/2014, Register 212; am 04/30/2015, Register 214; am 11/26/2016, Register 220; am 10/7/2018, Register 228; am 4/5/2025, Register 254

12 AAC 02.310 Board of Pharmacy

(a) The following fees are established for pharmacists, pharmacy interns, pharmacy technicians, pharmacies, wholesale drug distributors, drug dispensaries, outsourcing facilities, third-party logistics providers, and manufacturers:

(1) nonrefundable application fee for initial license, $100, except that the fee for pharmacy technicians is $0;

(2) temporary pharmacist license fee, $50;

(3) emergency permit to practice pharmacy fee, $100;

(4) pharmacy intern license fee, $30;

(5) nonrefundable fingerprint processing fee under 12 AAC 02.105(19).

(b) The following license fees for all or part of the initial biennial licensing period and subsequent biennial license renewal fees are established for pharmacists, pharmacy technicians, remote and other pharmacies, wholesale drug distributors, outsourcing facilities, third-party logistics providers, and manufacturers:

(1) pharmacist, $100;

(2) wholesale drug distributor, $425;

(3) pharmacy, $200;

(4) drug room, $150;

(5) repealed 2/23/2025;

(6) pharmacy technician, $25;

(7) remote pharmacy, $200;

(8) repealed 2/23/2025;

(9) outsourcing facility, $550;

(10) third-party logistics provider, $550;

(11) manufacturer, $550;

(12) retired status pharmacist license one-time fee, $100.

History

Authority: AS 08.01.065; AS 08.80.159 AS 08.80.030; AS 08.80.160
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/28/93, Register 126; am 10/19/97, Register 144; am 10/28/2000, Register 156; am 6/13/2002, Register 162; am 6/23/2004, Register 170; am 2/15/2006, Register 177; am 5/18/2006, Register 178; am 6/11/2010, Register 194; am 5/18/2014, Register 210; am 10/31/2019, Register 232; am 5/14/2022, Register 242; am 7/15/2023, Register 247; am 1/19/2024, Register 249; am 9/12/2024, Register 251; am 2/23/2025, Register 253

12 AAC 02.320 State Physical Therapy and Occupational Therapy Board

The following fees are established for physical therapists, physical therapist assistants, occupational therapists, and occupational therapy assistants:

(1) application fee for initial license, $150;

(2) license or compact privilege fee for a physical or occupational therapist for all or part of the initial biennial license period, $200;

(3) biennial license renewal or compact privilege renewal fee for a physical or occupational therapist, $200;

(4) temporary permit fee, $65;

(5) limited permit fee, $65;

(6) license or compact privilege fee for a physical therapist assistant or occupational therapy assistant for all or part of the initial biennial license period, $130;

(7) biennial license renewal or compact privilege renewal fee for a physical therapist assistant or occupational therapy assistant, $130;

(8) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19).

History

Authority: AS 08.01.065; AS 08.84.050 AS 08.84.030; AS 08.84.188
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/20/92, Register 122; am 5/28/93, Register 126; am 3/12/98, Register 145; am 10/28/2000, Register 156; am 6/4/2008, Register 186; am 6/11/2010, Register 194; am 5/18/2014, Register 210; am 6/16/2016, Register 218; am 3/13/2020, Register 233; am 12/22/2024, Register 252; am 4/5/2025, Register 254

12 AAC 02.325 Board of Professional Counselors

The following fees are established for professional counselors:

(1) application fee for any initial license, $200;

(2) license fee for all or part of any initial biennial license period, $250;

(3) any biennial license renewal fee, $250;

(4) any board-approved supervisor fee, $150.

History

Authority: AS 08.01.065
Eff. 5/5/99, Register 150; am 8/12/2001, Register 159; am 6/13/2002, Register 162; am 8/8/2003, Register 167; am 7/9/2005, Register 175; am 9/17/2011, Register 199; am 9/7/2013, Register 207; am 9/20/2015, Register 215; am 8/19/2017, Register 223; am 6/5/2019, Register 230

12 AAC 02.330 Board of Psychologist and Psychological Associate Examiners

The following fees are established for psychologists and psychological associates:

(1) application fee for

(A) initial license, $200;

(B) any courtesy psychologist license, $50;

(2) credential review fee, $100;

(3) psychologist license fee for all or part of the initial biennial licensing period, $500;

(4) psychologist biennial license renewal fee, $500;

(5) temporary license fee, $150;

(6) psychological associate license fee for all or part of the initial biennial licensing period, $500;

(7) psychological associate biennial license renewal fee, $500;

(8) state examination fee, $50;

(9) Examination for Professional Practice in Psychology (EPPP), examination retest fee, $25;

(10) fee for any courtesy psychologist license, $200.

History

Authority: AS 08.01.062; AS 08.86.135 AS 08.01.065; AS 08.86.140
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/28/93, Register 126; am 2/13/94, Register 129; am 5/17/95, Register 134; am 4/20/97, Register 142; am 11/27/98, Register 148; am 5/5/99, Register 150; am 6/17/2001, Register 158; am 3/25/2004, Register 169; am 8/20/2004, Register 171; am 6/9/2007, Register 182; am 6/28/2009, Register 190; am 5/15/2013, Register 206; am 5/19/2017, Register 222; am 5/12/2019, Register 230

12 AAC 02.340 Board of Public Accountancy

The following fees are established for firms, as defined under AS 08.04.680, and accountants:

(1) nonrefundable application fee for

(A) initial license, permit, or practice privilege, $200;

(B) repealed 10/18/2015;

(2) repealed 11/18/2006;

(3) certified public accountant license fee for all or part of the initial biennial license period, $300;

(4) certified public accountant biennial active license renewal fee, $300;

(5) certified public accountant biennial inactive license renewal fee, $200;

(6) uncertified public accountant biennial license renewal fee, under AS 08.04.661, $200;

(7) uncertified public accountant biennial inactive license renewal fee, under AS 08.04.661, $200;

(8) firm registration and permit fee for all or part of the initial biennial registration period, $400;

(9) biennial firm permit renewal fee, $400;

(10) repealed 5/19/2024;

(11) repealed 5/19/2024;

(12) license reactivation fee, $150;

(13) delayed renewal penalty fee, $100.

History

Authority: AS 08.01.065; AS 08.04.495
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/28/93, Register 126; am 11/3/95, Register 136; am 11/14/99, Register 152; am 6/21/2001, Register 158; am 12/16/2001, Register 160; am 3/25/2004, Register 169; am 11/18/2006, Register 180; am 1/1/2008, Register 184; am 11/30/2013, Register 208; am 12/29/2013, Register 208; am 10/18/2015, Register 216; am 11/10/2021, Register 240; am 5/19/2024, Register 250

12 AAC 02.350 Board of Veterinary Examiners

The following fees are established for veterinarians and veterinary technicians:

(1) nonrefundable application fee for

(A) initial veterinarian license by examination, $200;

(B) initial veterinary technician license, $100;

(D) student permit, $125;

(2) state written examination fee for veterinarians, $200;

(3) repealed 10/9/2016;

(4) license fee for veterinarians for all or part of the initial biennial license period, $600;

(5) biennial license renewal fee for veterinarians, $600;

(6) temporary license fee, $125;

(7) temporary permit fee, $125;

(8) registration fee for veterinary technicians for all or part of the initial biennial registration period, $100;

(9) biennial registration renewal fee for veterinary technicians, $100;

(10) courtesy license fee, $125;

(11) nonrefundable application and investigation fee for veterinarian license by credentials under AS 08.98.184, $200;

(12) delayed renewal penalty fee for a veterinarian license that has lapsed more than 60 days and for each year the license has been lapsed, $150;

(13) delayed renewal penalty fee for a veterinary technician license that has lapsed more than 60 days and for each year the license has been lapsed, $75.

History

Authority: AS 08.01.062; AS 08.01.100 AS 08.01.065; AS 08.98.190
Eff. 11/20/86, Register 100; am 10/1/88, Register 107; am 5/20/92, Register 122; am 10/21/92, Register 124; am 9/5/93, Register 127; am 10/29/94, Register 132; am 4/20/96, Register 138; am 11/15/96, Register 140; am 4/19/97, Register 142; am 12/28/97, Register 144; am 11/27/98, Register 148; am 8/10/2000, Register 155; am 11/24/2000, Register 156; am 6/17/2001, Register 158; am 3/25/2004, Register 169; am 10/15/2004, Register 172; am 11/18/2006, Register 180; am 6/22/2008, Register 186; am 12/12/2008, Register 188; am 6/7/2009, Register 190; am 9/19/2009, Register 191; am 12/4/2010, Register 196; am 12/2/2012, Register 204; am 10/9/2016, Register 220; am 10/7/2018, Register 228

12 AAC 02.360 Real Estate Commission

(a) The following fees are established for real estate salespersons, associate brokers, and brokers:

(1) license fee, for all or part of the initial biennial license period, whether licensure is by examination or endorsement, $120;

(2) biennial license renewal fee for both active and inactive licenses, $120;

(3) fee for office changes, including change of broker and company name, $120 for each license;

(4) transfer of license fee, $120;

(5) application fee for initial license, $200;

(6) initial office registration fee, $200;

(7) license inactivation or reactivation fee, $150;

(8) duplicate license fee, $0;

(9) name change fee, $0;

(10) post-license education certification and new license document fee, $50;

(11) reinstatement fee for a lapsed license, $140.

(b) The following fees are established for real estate education course certification and instructor approval:

(1) initial course certification fee, $50 per credit hour;

(2) biennial course recertification fee, $30 per credit hour;

(3) instructor approval fee, $200 per instructor;

(4) temporary instructor approval fee, $250 per instructor;

(5) instructor approval recertification fee, $100.

(1) information pamphlet on landlord and tenant rights, $5;

(2) repealed 12/2/2005.

History

Authority: AS 08.01.065; AS 08.88.221
Eff. 3/6/91, Register 117; am 5/28/93, Register 126; am 6/5/94, Register 130; am 11/10/95, Register 136; am 11/22/97, Register 144; am 12/28/97, Register 144; am 11/6/99, Register 152; am 10/28/2000, Register 156; am 10/20/2001, Register 160; am 12/2/2005, Register 176; am 1/1/2006, Register 176; am 1/1/2010, Register 192; am 5/28/2011, Register 198; am 9/17/2011, Register 199; am 1/8/2012, Register 201; am 11/30/2013, Register 208; am 10/24/2015, Register 216; am 12/08/2017, Register 224; am 11/28/2019, Register 232; am 2/12/2023, Register 245

12 AAC 02.370 Board of Certified Real Estate Appraisers

(a) The following fees are established for general real estate appraisers, residential real estate appraisers, institutional real estate appraisers, and registered real estate appraiser trainees:

(1) nonrefundable application fee for initial

(A) certification, license, or registration, $150;

(B) courtesy license, $100;

(2) certification fee for all or part of the initial biennial certification period, $350;

(3) biennial certification renewal fee, $350;

(4) real estate appraiser trainee registration fee, $150;

(5) real estate appraiser trainee renewal fee, $150;

(6) courtesy license fee, $150;

(7) course approval fee, $400;

(8) annual federal registry fee, $40.

(b) The following fees are established for real estate appraisal management companies:

(1) nonrefundable application fee for initial registration, $500;

(2) registration fee for all or part of the initial biennial registration period, $700;

(3) biennial registration renewal fee, $700;

(4) change in controlling person, owner, employee, director, officer, or agent, $250;

(5) annual federal registry fee for each appraiser on the appraiser panel performing one or more federally related transactions in the preceding calendar year, $25.

History

Authority: AS 08.01.062; AS 08.87.110; AS 08.87.135 AS 08.01.065; AS 08.87.120; AS 08.87.310
Eff. 5/20/92, Register 122; am 5/28/93, Register 126; am 4/15/94, Register 130; am 5/17/95, Register 134; am 6/6/99, Register 150; am 6/17/2001, Register 158; am 6/13/2002, Register 162; am 6/20/2003, Register 166; am 6/17/2005, Register 174; am 6/9/2007, Register 182; am 6/28/2009, Register 190; am 6/10/2011, Register 198; am 4/20/2012, Register 202; am 5/15/2013, Register 206; am 10/7/2018, Register 228; am 3/28/2019, Register 229

12 AAC 02.380 Pawnbrokers

The following fees are established for pawnbrokers:

(1) nonrefundable application fee for initial license, $250;

(2) license fee for all or part of the initial biennial licensing period, $100;

(3) biennial license renewal fee, $100;

(4) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19).

History

Authority: AS 08.01.065; AS 08.76.110; AS 08.76.140
Eff. 7/1/2011, Register 198; am 11/30/2013, Register 208; am 8/23/2019, Register 231; am 1/5/2024, Register 249

12 AAC 02.390 Behavior analysts

The following fees are established for behavior analysts and assistant behavior analysts:

(1) nonrefundable application fee for initial license, $150;

(2) behavior analyst license fee for all or part of the initial biennial licensing period, $100;

(3) behavior analyst biennial license renewal fee, $100;

(4) assistant behavior analyst license fee for all or part of the initial biennial licensing period, $50;

(5) assistant behavior analyst biennial license renewal fee, $50;

(6) temporary license fee, $80;

(7) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19).

History

Authority: AS 08.01.010; AS 08.15.020 AS 08.01.065; AS 08.15.080
Eff. 12/26/2014, Register 212; am 8/24/2016, Register 219; am 8/1/2018, Register 227; am 7/4/2020, Register 235; am 1/5/2024, Register 249

12 AAC 02.395 Athletic trainers

The following fees are established for athletic trainers:

(1) nonrefundable application fee for initial license, $200;

(2) athletic trainer license fee for all or part of the initial biennial licensing period, $100;

(3) athletic trainer biennial license renewal fee, $100.

History

Authority: AS 08.01.010; AS 08.07.020 AS 08.01.065; AS 08.07.040
Eff. 7/01/2015, Register 214; am 7/26/2019, Register 231

12 AAC 02.396 Board of Massage Therapists

The following fees are established for massage therapists and massage therapy establishments:

(1) nonrefundable application fee for initial license, $200;

(2) massage therapy license fee for all or part of the initial biennial licensing period, $290;

(3) massage therapy biennial license renewal fee, $290;

(4) nonrefundable fingerprint processing fee, as set out under 12 AAC 02.105(19);

(5) nonrefundable massage therapy establishment registration fee, $300;

(6) fee for each investigation of an unregistered massage therapy establishment, $2,000.

(7) massage therapy establishment biennial registration renewal fee, $300;

(8) massage therapy establishment change of location fee, $65.

History

Authority: AS 08.01.010; AS 08.61.020 AS 08.01.065; AS 08.61.090
Eff. 8/1/2015, Register 215; am 6/14/2017, Register 222; am 3/25/2020, Register 233; am 6/6/2021, Register 238; am 1/5/2024, Register 249

Article 3 Examination Review Procedures

12 AAC 02.400 Examination review

(a) The division will follow the examination review procedures established in this section unless the public or private organization that prepares and owns the examination has procedures for examination review that conflict with the procedures in this section. When there is a conflict, the division will follow the procedures of the public or private organization that prepares and owns the examination.

(b) An applicant who wishes to review a failed examination shall submit a written request, and the applicable examination review fee specified in this chapter, to the division within 30 days after the notice of examination results was mailed to the applicant.

(c) An examination review will be conducted in the presence of an appropriate board member, division staff, or the division's designee at a time and location determined by the division. An examination review will not be conducted within 30 days of the next examination an applicant is scheduled to take.

(d) Only an applicant who has failed an examination may participate in the examination review and the applicant may review only his or her own examination.

(e) An applicant may use the same reference materials during an examination review that were allowed during the examination itself, but the applicant may not use other materials or take notes or make copies of any kind. All materials brought to an examination review are subject to inspection by the appropriate board member or division staff.

(f) An applicant may challenge questions on the examination by submitting the challenge in writing during the time allowed to conduct the examination review under (h) of this section. The written challenge to an examination question must include

(1) the applicant's name;

(2) the date of the examination;

(3) the title of the examination;

(4) the number of the question being challenged; and

(5) a detailed explanation of the reason for the challenge.

(g) A challenge to an examination question will be reviewed by the division, licensing board, or the public or private organization administering the examination. If the division, licensing board, or public or private organization administering the examination sustains a challenge to an examination question, the department will give credit to the applicant for that question.

(h) To conduct the examination review, the division will allow the applicant challenging a question under (f) of this section one half of the length of time that was allowed for the taking of the examination being reviewed.

(i) Unless otherwise provided by an organization that provides or administers an examination for the division or the release is prohibited by law or contract, the division will provide an applicant who requests an examination review with the questions answered incorrectly on the failed examination and the answer that the applicant selected only. If the examination contains multiple choice questions, the applicant may be provided with all of the answer selections to each failed question without identification of the correct answers.

History

Authority: AS 08.01.050; AS 08.01.080
Eff. 4/3/88, Register 105; am 12/28/97, Register 144; am 11/27/98, Register 148; am 12/2/99, Register 152; am 1/5/2024, Register 249

Article 4 Real Estate Errors and Omissions Insurance

12 AAC 02.510 Minimum standards

(a) The master errors and omissions insurance policy must provide to each individual licensee, at a minimum, the following terms of coverage:

(1) not less than $100,000 limit of liability for each licensee per covered wrongful act or per covered claim depending on the policy form used by the insurer; claims expenses including the cost for investigation or defense must be in addition to the limit of liability; if the limit of liability is on a

(A) covered wrongful act basis, two or more claims arising out of a single wrongful act or a series of related wrongful acts may be considered one claim;

(B) covered claim basis, two or more related wrongful acts may be considered one claim;

(2) an annual aggregate limit of liability of not less than $300,000 per licensee;

(3) a deductible amount for each covered wrongful act of not more than $5,000 for every $300,000 annual aggregate limit of liability; an additional deductible for investigation and defense costs may be considered;

(4) an extended reporting period of 90 days and an option to purchase an additional three years extended reporting period for a premium not to exceed 200 percent of the premium charged for the last year of the terminating coverage;

(5) the ability of a licensee, upon payment of an additional premium, to obtain higher limits of coverage or to purchase additional coverages from the group insurer as may be available from the insurer;

(6) the coverage provided under the master errors and omissions insurance policy must be individual and specific to the licensee and must cover the licensee regardless of changes in real estate broker or changes in the business relationship between a real estate broker and the licensee; and

(7) prior acts coverage must be offered to a licensee who has maintained the same or similar coverage, continually in-force until the date and the time that coverage begins under the master errors and omissions insurance policy coverage.

(b) The master errors and omissions insurance policy must contain a provision requiring the consent of the insured to settle a claim except that the insured may not unreasonably withhold consent.

(1) maintain an A.M. Best rating of "B+" or better and financial size category of class VI or higher;

(2) maintain a certificate of authority issued under AS 21.09 by the director of insurance to transact insurance business in this state and be in compliance with AS 21;

(3) provide the master errors and omissions insurance policy after notification by the Real Estate Commission that it is the successful bidder of a competitive bidding process under AS 36.30;

(4) enter into contract to provide the master errors and omissions insurance policy in conformity with AS 08.88.172, 12 AAC 02.510 - 12 AAC 02.590, and AS 21; and

(5) collect premiums, maintain records, and report to the Real Estate Commission the names of those insured and prior claims experience if known, date of claim, amount paid, nature of claim, and claims information on a quarterly basis or an annual basis or on request by the Real Estate Commission.

History

Authority: AS 08.88.172
Eff. 12/4/2011, Register 200; am 3/25/2017, Register 221

12 AAC 02.520 Exceptions to coverage

Except as provided in this section, the master errors and omissions insurance policy may not exclude coverage for claims brought against the insured licensee arising out of a wrongful act by the licensee when performing a professional service for which a real estate license is required. The policy may limit or exclude coverage for claims brought against a licensee that arise as follows:

(1) out of claims or lawsuits made or brought by any insured person against any other insured person within the same firm or from compensation disputes between licensees;

(2) out of loss assumed under a contract or an agreement, except for liability the insured would have had in the absence of the agreements;

(3) from a criminal, dishonest, fraudulent, or intentional act or omission; this exclusion does not apply to an insured person who did not personally participate in committing the act or omission and who, upon having knowledge of the act or omission, reported it to the Real Estate Commission, or appropriate law enforcement authorities;

(4) from unlawful discrimination committed by or for the insured person;

(5) from fines or penalties imposed by a tribunal or other governmental agency;

(6) from bodily injury, personal injury, advertising injury, or property damage;

(7) from related business activities for which a license is not required under AS 08.88;

(8) from the presence of or the actual, alleged, or threatened discharge, dispersal, release, or escape of hazardous materials, nuclear materials, or pollutants;

(9) from prior wrongful acts unless specific prior wrongful acts coverage is provided;

(10) from any violation of 15 U.S.C. 77a - 77aa (Securities Act of 1933) or 15 U.S.C. 78a - 78mm (Securities Exchange Act of 1934) or any state blue sky or securities law or similar state or federal statutes; or

(11) other standard exclusions that are typical in a professional liability insurance policy and that have been approved by the director of insurance under AS 21.42.

(12) from the insolvency of an insured person;

(13) from any injury or damage that the insured had reason to expect; or

(14) from the conversion, misappropriation, commingling, or defalcation of funds or other property.

History

Authority: AS 08.88.172
Eff. 12/4/2011, Register 200; am 3/25/2017, Register 221

12 AAC 02.530 Standards for equivalent coverage

An insurer issuing equivalent coverage under AS 08.88.172(c)(2) shall hold a certificate of authority issued under AS 21.09. All activities contemplated under AS 08.88.172 must be covered. The insurance must meet the minimum coverage standards of 12 AAC 02.510(a)(1) - (3), 12 AAC 02.510(b), and 12 AAC 02.510(c)(1) and (5), except that

(1) a policy with a higher deductible amount or self-insured retention will qualify as equivalent coverage for purposes of AS 08.88.172(c)(2) if, when applying to obtain or renew the license, the insured licensee provides the Real Estate Commission with

(A) an affidavit certifying that the insured licensee has the financial resources in set-aside funds to pay the higher deductible amount or self-insured retention; and

(B) a certificate of insurance from the insured licensee's insurer; and

(2) a broker employing other real estate licensees may comply with the requirements of 12 AAC 02.510(a)(1) and (2) by obtaining insurance with coverage of a minimum of $300,000 per wrongful act and $1,000,000 aggregate, if all licensees associated with the broker are covered.

History

Authority: AS 08.88.172
Eff. 12/4/2011, Register 200; am 3/25/2017, Register 221; am 11/28/2019, Register 232

12 AAC 02.540 Notification required for cancellation

If equivalent insurance coverage obtained by a licensee under AS 08.88.172(c)(2) is to lapse or not be renewed, the insurer shall notify the Real Estate Commission of the intent to lapse or not to renew a minimum of 30 days before the expiration date of the term. It is the responsibility of the broker or licensee, as applicable, to instruct the insurer to provide the notice required by this section to the Real Estate Commission with named licensees covered.

History

Authority: AS 08.88.172
Eff. 12/4/2011, Register 200; am 3/25/2017, Register 221

12 AAC 02.550 Maximum amount of premium

The maximum amount of premium to be charged a licensee annually under the master errors and omissions insurance policy may not exceed $2,500.

History

Authority: AS 08.88.172
Eff. 12/4/2011, Register 200; am 3/25/2017, Register 221

12 AAC 02.560 Method of adjustment

Every three years after the initial procurement of the master errors and omissions insurance policy, the department may adjust the amount of coverage under 12 AAC 02.510(a). The department will not make an adjustment if the department finds the adjustment will significantly reduce the number of insurers willing to bid on a contract to offer the master errors and omissions insurance policy. An adjustment in the limits of liability under 12 AAC 02.510(a) must be an increment of no less than $25,000. The department will give notice of the adjustments under this section by posting the amounts on its Internet website. An adjustment under this section does not take effect until the renewal or the issuance of a new master errors and omissions insurance policy.

History

Authority: AS 08.88.172
Eff. 12/4/2011, Register 200; am 3/25/2017, Register 221

12 AAC 02.590 Definitions

In this chapter, unless the context requires otherwise,

(1) "aggregate limit" means the maximum liability of an insurer regardless of the number of claims during the policy term;

(2) "director of insurance" means the person appointed under AS 21.06.010 to head the division of insurance of this state;

(3) "equivalent coverage" means errors and omissions insurance coverage obtained independently of the master errors and omissions insurance policy available from the Real Estate Commission and that complies with the requirements, terms, and conditions as set out in 12 AAC 02.530;

(4) "errors and omissions insurance" means professional liability insurance that provides coverage to holders of active real estate brokers, associate brokers, and salespersons licensed in this state for wrongful acts made during the course of real estate transactions, subject to the coverages, limitations, and exclusions of one or more specific insurance policies in place;

(5) "extended reporting period" means a designated period of time after an errors and omissions insurance policy has expired during which a claim may be made and coverage triggered as if the claim has been made during the policy period;

(6) "master errors and omissions insurance policy" means the policy obtained by the Real Estate Commission under AS 08.88.172 that meets the requirements of 12 AAC 02.510 - 12 AAC 02.590;

(7) "prior acts coverage" means the insurance policy provides coverage for claims that are made during a current policy period, but one or more acts causing the claim or injuries for which the claim is made occurred before the inception of the current policy period;

(8) "wrongful act" means a negligent act, error, or omission.

History

Authority: AS 08.88.172
Eff. 12/4/2011, Register 200; am 3/25/2017, Register 221; am 11/28/2019, Register 232

Article 5 Telemedicine Business Registry

12 AAC 02.600 Application for placement on the telemedicine business registry; changes of information

Repealed.

History

Eff. 4/28/2017, Register 222; repealed 3/6/2026, Register 257

Article 6 General Provisions

12 AAC 02.900 Name and address changes

(a) A person licensed, registered, or certified by a board or commission listed in AS 08.01.010, or in an occupation listed in AS 08.01.010, shall maintain a current, valid mailing address on file with the division The division will use the latest mailing address on file for official communications, notifications, and service of legal process. If an applicant or licensee has opted into electronic communication, the electronic mail address provided may be used for official correspondence and notifications.

(b) A licensee shall notify the division of a change to the licensee's physical address, mailing address, or electronic mail address on file with the division. The licensee may submit notice in writing or through the MyAlaska professional licensing portal on the department's Internet website.

(1) notification of the change of the licensee's name, on a form provided by the division that has been completed by the licensee and notarized;

(2) a copy of the marriage certificate, court document, or other legal document verifying the change of name; and

(3) the fee established in 12 AAC 02.105 for a name change.

(d) The division will issue a new license showing the change of name if a licensee meets the requirements in (c) of this section.

History

Authority: AS 08.01.050; AS 08.01.080; AS 08.01.087
Eff. 4/3/88, Register 105; am 12/28/97, Register 144; am 12/22/2024, Register 252

12 AAC 02.910 Abandoned applications

(a) Except if procedures are otherwise expressly provided in this title for a particular board or occupation, an application is considered abandoned when

(1) 12 months have elapsed since correspondence was last received from or on behalf of the applicant; or

(2) the applicant has failed to appear for two successive examinations.

(b) An abandoned application is denied without prejudice and the application fee forfeited.

(c) At the time an application is considered abandoned, the division will send notification of abandonment to the last known address of the applicant. An applicant may request a refund of all unused examination and licensing fees credited to the application by submitting a written request for refund within 30 days from the date notification of abandonment was mailed by the division. If no request for refund is received, all fees are forfeited.

History

Authority: AS 08.01.050; AS 08.01.080
Eff. 5/4/90, Register 114; am 4/10/2003, Register 166

12 AAC 02.915 Application form and verifications for licensure

(a) Except as otherwise provided in this title for a board, commission, or occupation, if upon receipt by the division of the last document required to complete an application file, the file contains an application form, authorization for release of records form, or verification that is older than 12 months from the date the document was received by the division, the document will be considered to be stale and the applicant must resubmit the document or cause the document to be resubmitted as appropriate before the application will be considered by the division or a licensing board.

(b) In this section,

(1) "application form" means an application for a license;

(2) "verification" means a verification of licensure from an appropriate licensing authority in

(A) a state or territory;

(B) a province or territory of Canada; or

History

Authority: AS 08.01.050; AS 08.01.080
Eff. 5/14/2021, Register 238

12 AAC 02.920 Filing date

(a) Except as otherwise provided in this title, a document submitted to the division is considered filed as follows:

(1) for a document received by electronic mail, facsimile transmission, or hand delivered, the document is considered filed on the date stamped on the document;

(2) for a document uploaded to the MyAlaska professional licensing portal on the department's Internet website, the document is considered filed on the date the document was successfully uploaded;

(3) for a document received by mail, the document is considered filed on the postmark date of the document.

(b) If a filing deadline established in AS 08 or this title falls on a Saturday, Sunday, or state holiday, the deadline will be extended to the next regular state business day.

(c) For the purposes of this section, "postmark date" means the date of a document with prepaid postage and correctly addressed to the division by the United States Postal Service or other established domestic courier service.

History

Authority: AS 08.01.050; AS 08.01.080
Eff. 2/13/94, Register 129; am 12/28/97, Register 144; am 9/29/2005, Register 175; am 12/22/2024, Register 252

12 AAC 02.930 Date of license lapse

For the purposes of AS 08.01.100, if a person licensed by the department or by one of the boards or commissions under AS 08.01.010 was issued a temporary license under AS 25.27.244 and the temporary license was not converted to an annual or biennial license under AS 08 or AS 46.03.375, the lapsed period begins from the date that the temporary license expired.

History

Authority: AS 08.01.050; AS 08.01.080; AS 08.01.100
Eff. 12/2/99, Register 152; am 5/14/2021, Register 238

12 AAC 02.935 Effective date of license

(a) Repealed 5/14/2021.

(b) When the child support services agency issues a release, on or before the expiration date of the temporary license issued by the division under AS 25.27.244, the division will issue the initial license or renewal under AS 08 or AS 46.03.375. The effective date of the license is the date that the license is issued under AS 08 or AS 46.03.375, except as provided in 12 AAC 02.940(b).

(c) If an initial license is issued within 90 days of the upcoming expiration date for that license type, the license expiration date will be set to expire at the end of the next biennial licensing period.

History

Authority: AS 08.01.050; AS 08.01.080; AS 08.01.100
Eff. 9/29/2005, Register 175; am 5/14/2021, Register 238; am 1/5/2024, Register 249

12 AAC 02.940 Effective date of renewed licenses

(a) Except as provided in (b) of this section, the effective date of a renewed license will be the date a complete renewal application is filed with the division as determined by 12 AAC 02.920. A complete application includes

(1) a completed renewal form;

(2) any applicable renewal fees required by this chapter; and

(3) documentation of fulfillment of all applicable prerequisites to license renewal, such as continuing competency, recent experience, insurance coverage, or other requirements.

(b) The division will, in its discretion, show a retroactive effective date on a licensee's renewed license if the licensee

(1) holds a license that has been lapsed less than 60 days;

(2) requests in writing that the division issue a renewed license showing an effective date that is earlier than the date the renewed license was issued;

(3) documents that the licensee was in substantial compliance with the renewal requirements in (a) of this section as of the requested effective date; and

(4) establishes to the satisfaction of the division that the licensee made a good faith effort to strictly comply with the renewal requirements.

(c) The division will not issue a renewed license with an effective date that is earlier than the postmark date of the licensee's first written attempt to renew the licensee's license. "Written attempt to renew" means an effort by the licensee to submit the proper documentation to comply with the license renewal requirements. A request for a renewal application form alone does not constitute a "written attempt to renew".

(d) Expired 1/9/2023.

(e) If an application and payment for renewal of a license is submitted but the division is unable to complete its review of the application before the expiration of the license, the license may be automatically extended for three months or until the division completes its review and either approves or denies the application, whichever occurs earlier.

History

Authority: AS 08.01.050; AS 08.01.100
Eff. 2/13/94, Register 129; em am 9/12/2022 - 1/9/2023, Register 244; am 3/1/2023, Register 245

12 AAC 02.945 Effective date of reinstated license

If a license is reinstated within 90 days of the upcoming expiration date for that license type, the license expiration date will be set to expire at the end of the next biennial licensing period.

History

Authority: AS 08.01.050; AS 08.01.100
Eff. 1/5/2024, Register 249

12 AAC 02.950 Application deadline for examination for an optometry license

Repealed.

History

Eff. 4/24/97, Register 142; repealed 12/16/2001, Register 160

12 AAC 02.955 Courtesy license

Repealed.

History

Eff. 12/28/97, Register 144; am 5/14/2021, Register 238; repealed 12/22/2024, Register 252

12 AAC 02.956 Temporary license for spouses of military personnel

(a) The department will issue a temporary license to the spouse of an active duty member of the armed forces of the United States who meets the requirements of AS 08.01.063 and this section, authorizing the holder to practice a profession that is regulated by the department under AS 08.01.010 and this title.

(b) An applicant for a temporary license under this section must submit

(1) a completed application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.105 for a temporary military courtesy license;

(3) a copy of the spouse's current active duty military orders showing assignment to a duty station in this state;

(4) verification of licensure from each jurisdiction where the applicant holds or has ever held a license to practice the profession for which the temporary license is requested, one of which must be a current license in good standing and meet the requirements of AS 08.01.063(a)(2); the verifications must meet the requirements of AS 08.01.063(a)(4) and (5); and

(5) if the profession for which the applicant is seeking a temporary license requires a criminal history background check, a completed fingerprint card and the fee required by the Department of Public Safety to obtain state and national criminal justice information required under AS 08.01.063(a)(3).

(d) A temporary license issued under this section is valid for 180 days, and may be extended for an additional 180-day period by applying on a form provided by the department and submitting the temporary license fee established in 12 AAC 02.105.

History

Authority: AS 08.01.050; AS 08.01.063; AS 08.01.065
Eff. 5/14/2021, Register 238; am 1/5/2024, Register 249; am 4/5/2025, Register 254

12 AAC 02.957 Temporary license for military personnel

(a) The department will issue a temporary license to a member of the armed forces of the United States who meets the requirements of AS 08.01.064 and this section, authorizing the holder to practice a profession that is regulated by the department under AS 08.01.010 and this title.

(b) An applicant for a temporary license under this section must submit

(1) a completed application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.105 for a temporary military courtesy license;

(3) verification of licensure from each jurisdiction where the applicant holds or has ever held a license to practice the profession for which the temporary license is requested; the verifications must meet the requirements of AS 08.01.063(a)(4) and (5);

(4) evidence satisfactory to the department of meeting the requirements of AS 08.01.064(b)(3) as follows:

(A) verification of a current license or certificate issued by another jurisdiction that provides proof of licensure during the time the applicant provided the practice in the area of the license or certificate while in the military, and proof that the applicant practiced the profession, as described in AS 08.01.064(b)(3)(A); or

(B) documentation of receiving education, training, or service as a member of the armed forces and being awarded a degree, diploma, or certificate by a branch of the armed forces of the United States or any state, that meets the requirements of AS 08.01.064(b)(3)(B); and

(c) The department will expedite the issuance of the license under this section for an applicant who is on active duty as required by AS 08.01.064(c).

(d) A temporary license issued under this section is valid for 180 days and may be extended for an additional 180-day period by applying on a form provided by the department and submitting the temporary military courtesy license fee established in 12 AAC 02.105.

History

Authority: AS 08.01.050; AS 08.01.064; AS 08.01.065
Eff. 5/14/2021, Register 238; am 4/5/2025, Register 254

12 AAC 02.960 Audit of compliance with continuing competency requirements

(a) Except as provided in (b) - (j) of this section, the department will audit compliance of licenses with continuing competency requirements in accordance with this section if

(1) the licensee is required to meet continuing competency requirements under AS 08 or this title;

(2) repealed 9/29/2005;

(3) repealed 9/29/2005.

(b) A licensee subject to audit under (a) of this section and applying for license renewal shall

(1) complete and sign a statement of compliance with continuing competency requirements; and

(2) submit the statement to the department with the application for license renewal.

(c) The department will audit a percentage of licensees under (a) of this section that it deems appropriate and necessary to protect public health and safety. The department's selection of licensees for audit must be random.

(d) Repealed 1/5/2024.

(e) A licensee selected for audit under this section will be notified by the department. Within 30 days of the date on the notification, the licensee shall submit to the department documentation that verifies the licensee's completion of the continuing competency activities claimed on the statement submitted with the application for license renewal under (b) of this section. The documentation must include a valid copy of a certificate or similar verification of satisfactory completion of the continuing competency activities claimed that provides

(1) the name of the licensee;

(2) the number of continuing competency credits awarded;

(3) a description of the continuing competency activity;

(4) the dates of actual participation or successful completion; and

(5) the name and Internet address or physical mailing address of the course provider, instructor, sponsor, or other entity that the department may contact, as needed, to verify the licensee's attendance.

(f) A licensee subject to audit under (a) of this section is responsible for maintaining adequate and detailed records of all continuing competency activities completed and shall make the records available to the department on request. A licensee shall maintain the records until the later of

(1) four years from the date of completion of the continuing competency activity; or

(2) if the licensee was selected for audit, the date that the department notifies the licensee that the audit is completed.

(g) The department will extend the period for providing documentation of completion of continuing competency activities if the department finds that the licensee has good cause for the need for additional time to submit the documentation required in (e) of this section.

(h) The department will notify the respective board of a licensee's failure to comply with the department's request for records under (e) of this section.

(i) For professions licensed by the department, the department will consider the licensee's failure to comply with the department's request for records under (e) of this section as grounds for imposition of disciplinary sanctions to the extent allowed under AS 08 and this title.

(j) In this section, "successful completion" means the date that credit for the continuing competency activity is awarded by the instructor, sponsor, or other verifier for completion of the activity.

(k) If individual student attendance cannot be verified upon attempt by the department, the department will determine the continuing education credit to be invalid and will not award it.

(l) The department or applicable board will consider the licensee's failure to comply with the continuing education audit under this section as grounds for imposition of disciplinary sanctions to the extent allowed under AS 08 and this title.

History

Authority: AS 08.01.050; AS 08.01.087 AS 08.01.080; AS 08.01.100
Eff. 12/28/97, Register 144; am 9/29/2005, Register 175; am 5/14/2021, Register 238; am 1/5/2024, Register 249

12 AAC 02.965 Failure to meet continuing education requirements for renewal and reinstatement of license

(a) Except as otherwise provided in AS 08 or this title, a license issued under AS 08 will not be renewed or reinstated if the applicant for renewal or reinstatement has not earned the required number of continuing education credits during the concluding licensing period. With the appropriate board or department approval, an applicant for renewal or reinstatement of a lapsed license may earn the required number of credits after the expiration date of the license. Continuing education credits earned to reinstate or renew a lapsed license may not be used to satisfy the continuing education requirements for a future renewal or reinstatement. Credits submitted to satisfy the continuing education requirements under this section must be approved under AS 08 and this title by the department or the applicable board.

(b) For the purposes of this section, "continuing education credits" includes continuing competency, contact hours, continuing education units, and credit hours.

History

Authority: AS 08.01.050; AS 08.01.080; AS 08.01.100
Eff. 3/14/2001, Register 157; am 5/14/2021, Register 238; am 1/5/2024, Register 249

12 AAC 02.990 Definitions

As used in this chapter

(1) "department" means the Department of Commerce, Community, and Economic Development;

(2) "division" means Division of Corporations, Business and Professional Licensing;

(3) "license" means a license, certificate, permit, registration, endorsement, or similar evidence of authority issued by the division or by one of the boards listed in AS 08.01.010;

(4) "licensee" means a person who holds a license, as defined under 12 AAC 02.990(3).

History

Authority: AS 08.01.050; AS 08.01.080; AS 08.01.100
Eff. 12/5/84, Register 92; am 12/7/2006, Register 180; am 1/5/2024, Register 249

Chapter 04 Board of Public Accountancy

Article 1 Rules of Professional Conduct

12 AAC 04.004 Code of professional conduct

An accountant shall adhere to the Code of Professional Conduct of the American Institute of Certified Public Accountants, AICPA Professional Standards, ET Section, revised as of June 15, 2022, adopted by reference.

History

Authority: AS 08.04.070; AS 08.04.080
Eff. 1/4/2017, Register 221; am 4/19/2019, Register 230; am 2/24/2022, Register 241; am 4/12/2024, Register 250

12 AAC 04.005 Integrity and objectivity

Repealed.

History

Eff. 1/18/78, Register 64; repealed 1/1/2008, Register 184

12 AAC 04.010 Independence, integrity, and objectivity

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; am 1/18/78, Register 64; am 4/10/88, Register 106; am 1/1/2008, Register 184; am 10/16/2011, Register 200; repealed 1/4/2017, Register 221

12 AAC 04.015 Competence

Repealed.

History

Eff. 1/18/78, Register 64; am 4/10/88, Register 106; repealed 1/4/2017, Register 221

12 AAC 04.020 Confidential relationship

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; repealed 1/4/2017, Register 221

12 AAC 04.030 Contingent fees

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; am 4/10/88, Register 106; am 4/28/2005, Register 174; am 1/1/2008, Register 184; am 10/16/2011, Register 200; repealed 1/4/2017, Register 221

12 AAC 04.033 Accounting principles

Repealed.

History

Eff. 1/18/78, Register 64; repealed 12/29/2013, Register 208

12 AAC 04.036 Auditing standards

Repealed.

History

Eff. 1/18/78, Register 64; repealed 12/29/2013, Register 208

12 AAC 04.038 Attest functions

(a) To perform an attest function means to provide any of the following services:

(1) an audit or other engagement to be perfonned in accordance with the Statements on Auditing Standards (SAS) of the American Institute of Certified Public Accountants, AICPA Professional Standards, as revised as of June 15, 2022, adopted by reference;

(2) a review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS) of the American Institute of Certified Public Accountants, AICPA Professional Standards, as revised as of June 15, 2022, adopted by reference;

(3) an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE) of the American Institute of Certified Public Accountants, AICPA Professional Standards, as revised as of June 15, 2022, adopted by reference;

(4) an engagement to be performed in accordance with the standards of the Public Company Accounting Oversight Board (PCAOB) established under 15 U.S.C. 7211(a); and

(5) an examination, review, or agreed upon procedures engagement performed in accordance with the SSAE, other than an examination under (3) of this subsection.

(b) An individual licensee who is responsible for supervising attest engagements, or who signs or authorizes another to sign the accountant's report on the financial statements on behalf of the firm, shall meet the competency requirements set out in the professional standards for the attest engagements. The supervising licensee shall obtain and maintain the competencies necessary in the specific circumstances.

(c) A licensee performing an attest engagement shall maintain a quality control system that complies with the Quality Control Standards (QCS) of the American Institute of Certified Public Accountants, AICPA Professional Standards, as revised as of June 15, 2022, adopted by reference.

History

Authority: AS 08.04.070; AS 08.04.423
Eff. 1/1/2008, Register 184; am 10/16/2011, Register 200; am 1/4/2017, Register 221; am 4/19/2019, Register 230; am 2/24/2022, Register 241; am 4/12/2024, Register 250

12 AAC 04.040 Use of work of others

Repealed.

History

Eff. 9/9/72, Register 43; repealed 1/4/2017, Register 221

12 AAC 04.050 Responsibility and disclosure

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; am 4/10/88, Register 106; repealed 1/4/2017, Register 221

12 AAC 04.060 Form of opinions and reports

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; am 4/10/88, Register 106; repealed 1/4/2017, Register 221

12 AAC 04.070 Forecasts

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; am 4/10/88, Register 106; repealed 1/4/2017, Register 221

12 AAC 04.080 Advertising

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; am 2/10/78, Register 64; repealed 1/4/2017, Register 221

12 AAC 04.090 Solicitation

Repealed 1/27/81.

12 AAC 04.100 Commissions

Repealed.

History

Eff. 1/20/63, Register 7; am 9/9/72, Register 43; am 4/28/2005, Register 174; am 1/1/2008, Register 184; am 10/16/2011, Register 200; repealed 1/4/2017, Register 221

12 AAC 04.110 Services performed by employees

Repealed.

History

Eff. 9/9/72, Register 43; am 4/10/88, Register 106; repealed 1/4/2017, Register 221

12 AAC 04.120 Referrals

Repealed 1/27/81.

Article 2 The Board

12 AAC 04.130 Meetings

The board will hold at least four meetings each year at times and places designated by the board.

History

Authority: AS 08.04.070
Eff. 9/9/72, Register 43; am 4/18/82, Register 82; am 12/29/2013, Register 208

12 AAC 04.140 Special meeting

The president or a majority of the members of the board may determine the need for a special meeting. The president or the board majority may designate the time and place for a special meeting under this section.

History

Authority: AS 08.04.070
Eff. 9/9/72, Register 43; am 4/12/2024, Register 250

12 AAC 04.145 Executive secretary

(a) The executive secretary shall carry out the administrative functions of the board necessary to complete the duties and responsibilities described in (c) of this section. The executive secretary may use the working title "executive administrator."

(b) The qualifications of the executive secretary include

(1) a baccalaureate or higher degree in accounting, business, or other appropriate field;

(2) experience and background in accounting or auditing, or experience in the management or administration of a state accountancy board or related national accountancy organization; and

(3) management experience in an accounting, governmental, or other appropriate environment.

(1) managing the operations of the board and the efficient function of the board office;

(2) referring potential violations, including any questionable license application or any complaint regarding a certified public accountant practicing in the state, to the division's investigation staff;

(3) reviewing the qualifications of any specialist utilized by the division's investigative staff;

(4) assisting the division's investigative staff by providing relevant accounting expertise;

(5) monitoring investigative complaints and cases through the final disposition and ensure that any board action is posted appropriately on the board's website;

(6) providing assistance, consistent with due process, to the board on investigative adjudications;

(7) providing input to the division on the development of the board's annual budget in consultation with the board, monitor expenditures, and report to the board on budget status;

(8) drafting regulations and policy proposals at the board's request;

(9) monitoring and participating in the activities of local and national accounting professional and regulatory organizations as directed by the board;

(10) monitoring legislative proposals relevant to the accounting profession in the legislature, and testify before the legislature on behalf of the board; and

(11) preparing agendas and support information for, recording of, testifying at, and implementing decisions made by the board at the board's quarterly meetings.

(d) In this section, "division" means the division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development.

History

Authority: AS 08.04.055; AS 08.04.070
Eff. 2/4/2011, Register 197

Article 3 License and License Renewal Requirements

12 AAC 04.150 Citizenship

Repealed 2/10/78.

12 AAC 04.151 Qualifications for licensure

(a) An individual may not practice, attempt to practice, or offer to practice public accountancy in the state without a current license as a certified public accountant (CPA) issued by the board or under a practice privilege in accordance with 12 AAC 04.251(a). The board may issue a license to an applicant, including an applicant with a license in a state outside this state who wishes to establish a principal place of business in this state as follows:

(1) by examination under 12 AAC 04.175;

(2) by reciprocity under 12 AAC 04.165 if the applicant holds a current CPA license in another state;

(3) by temporary military courtesy license under 12 AAC 04.184 if the applicant

(A) is an active duty military member or the spouse of an active duty military member of the armed forces of the United States;

(B) meets the requirements of 12 AAC 04.184; and

(b) Repealed 7/26/2025.

(c) A foreign-educated applicant or applicant from a foreign jurisdiction shall provide verification of residency in this state under AS 01.10.055.

History

Authority: AS 08.04 070AS 08.04.450
Eff. 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.155 Denial of license

The board may refuse to grant a license to an applicant for the same reasons that the board may impose disciplinary sanctions under 12 AAC 04.520 upon the holder of a license.

History

Authority: AS 08.04.070; AS 08.04.450
Eff. 1/1/2008, Register 184; am 4/12/2024, Register 250

12 AAC 04.160 References

Repealed.

History

Eff. 9/9/72, Register 43; am 11/9/85, Register 96; am 2/23/95, Register 133; am 1/1/2008, Register 184; repealed 7/26/2025, Register 255

12 AAC 04.161 Background check

(a) An applicant for licensure under this chapter shall submit to the board

(1) a report of the applicant's criminal history obtained by request to the Department of Public Safety for a report of state criminal justice information under AS 12.62.005 - 12.62.200; and

(2) an equivalent report issued by the applicant's primary state of residence, if it is a state other than this state.

(b) An applicant for licensure under this chapter is responsible for payment of any fee associated with requesting the criminal history background check from the Department of Public Safety.

History

Authority: AS 08.04.070; AS 08.04.423
Eff. 4/12/2024, Register 250

12 AAC 04.165 Application for licensure by reciprocity

(a) An applicant who holds a current CPA license in good standing issued by another state that meets the substantial equivalency requirements under 12 AAC 04.285 may apply for a license to engage in the practice of public accounting in the state. The applicant

(1) must comply with the standards of practice set out under AS 08.04 and this chapter;

(2) must meet the requirements of AS 08.04.105 and 08.04.195;

(3) may not be convicted of a crime that affects the applicant's ability to practice public accountancy competently and safely, as determined by the board;

(4) may not have had a license to practice public accountancy revoked, suspended, or voluntarily surrendered in relation to a licensing or compliance issue in the state or another state within the meaning given in AS 08.04.680, or in a country or foreign jurisdiction outside of the United States; and

(5) must hold a current CPA license for a period of at least two years from the date of issuance of the license.

(b) An applicant for a license under this section must submit

(1) verification that the applicant holds a current CPA license in good standing issued by another state within the meaning given in AS 08.04.680; the verification must include

(A) the date of issuance of the license, to demonstrate compliance with (a)(5) of this section;

(B) the applicant's current license status; and

(2) a complete application on a form provided by the department;

(3) the applicable fees specified in 12 AAC 02.340;

(4) verification showing that the applicant has passed the applicable examinations required under 12 AAC 04.200(a) and (b);

(5) a criminal history information report as set out under 12 AAC 04.161; and

(6) verification of all valid and current CPA licenses that the applicant currently holds or has previously held issued by another jurisdiction; for each license, the verification must include the information required under (1)(B) and (C) of this subsection.

(c) An applicant who currently holds a valid CPA license issued by another state for a period of at least two years meets the experience requirements applicable under AS 08.04.195(a)(2).

(d) Repealed 7/26/2025.

History

Authority: AS 08.04.070; AS 08.04.195
Eff. 1/1/2008, Register 184; am 9/28/2008, Register 187; am 12/25/2015, Register 216; am 2/24/2022; Register 241; am 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.170 Resident defined

Repealed.

History

Eff. 9/9/72, Register 43; am 1/27/81, Register 76; am 4/10/88, Register 106; repealed 2/23/95, Register 133

12 AAC 04.175 Application for licensure by examination

An applicant for licensure by examination to practice public accounting must

(1) meet the requirements of AS 08.04 and this section; and

(2) submit to the department

(A) a complete application on a form provided by the department;

(B) the applicable fees specified in 12 AAC 02.340;

(D) verification showing that the applicant

(i) meets the education requirements under AS 08.04.120, 08.04.150, 12 AAC 04.185, and 12 AAC 04.187;

(ii) meets the applicable experience requirements under AS 08.04.120 and 12 AAC 04.180; and

(iii) has passed the applicable examinations required under 12 AAC 04.200; and

(E) verification of all valid and current CPA licenses, if any, that the applicant currently holds or has previously held issued by another jurisdiction; the verification must include the applicant's current license status and information regarding disciplinary action or investigation taken or pending relating to the applicant.

History

Authority: AS 08.04.070; AS 08.04.110; AS 08.04.130 AS 08.04.105; AS 08.04.120; AS 08.04.150
Eff. 9/28/2008, Register 187; am 12/25/2015, Register 216; am 2/24/2022, Register 241; am 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.180 Documentation of experience

(a) An applicant for licensure by examination under 12 AAC 04.175 must show that the applicant has had two years of experience. Under this subsection, an applicant's acceptable experience

(1) includes providing any type of service or advice involving the use of

(A) accounting;

(B) attest;

(D) management advisory;

(E) financial advisory;

(F) tax; or

(G) consulting skills and related training;

(2) must be verified by a supervising certified public accountant with an active license at the time of supervision;

(3) may be gained through employment in government, industry, academia, or public practice; and

(4) does not include paid or unpaid leave or holidays.

(b) For the purposes of meeting the requirements under (a) of this section, each year of experience must consist of full or part-time employment that extends over a period of not less than a year and not more than four years and includes not fewer than 2,000 hours of performance of services described in (a)(1) of this section.

History

Authority: AS 08.04.070; AS 08.04.120
Eff. 9/9/72, Register 43; am 8/3/79, Register 70; am 5/28/81, Register 78; am 4/18/82, Register 82; am 8/14/87, Register 103; am 10/1/88, Register 107; am 8/18/90, Register 115; am 11/15/96, Register 140; am 1/1/2008, Register 184; am 12/25/2015, Register 216; am 4/19/2019, Register 230; am 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.181 Work experience points

Repealed.

History

Eff. 8/18/90, Register 115; am 2/2/94, Register 129; am 1/1/2008, Register 184; am 5/9/2009, Register 190; am 10/16/2011, Register 200; repealed 12/25/2015, Register 216

12 AAC 04.183 Attest function hours

Repealed.

History

Eff. 8/18/90, Register 115; am 11/15/96, Register 140; am 10/10/2002, Register 164; am 1/1/2008, Register 184; am 10/16/2011, Register 200; repealed 12/25/2015, Register 216

12 AAC 04.184 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a certified public accountant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a notarized application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit verification of the applicant's current license to practice public accountancy from a board of accountancy of a licensing jurisdiction of the United States; the verification must include the applicant's status and complete information regarding any disciplinary action or investigation taken or pending relating to the applicant; and

(5) may not have been convicted of a crime that affects the applicant's ability to practice public accountancy competently and safely, as determined by the board.

(c) A temporary military courtesy license issued to an active duty military member or spouse of an active duty military member under this section will be issued for a period of 180 days and may be renewed for one additional 180-day period, at the discretion of the board.

(d) An applicant for a temporary military courtesy license may not have had a license to practice public accountancy revoked, suspended, or voluntarily surrendered in this state or another state or territory of the United States.

(e) While practicing under a temporary military courtesy license issued under this section, the holder of the temporary military courtesy license must comply with the standards of practice set out in AS 08.04 and this chapter.

(f) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.04.450.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.04.070
Eff. 9/18/2022, Register 243

12 AAC 04.185 Education defined for certified public accountant applicants

(a) Repealed 2/2/94.

(b) As used in AS 08.04.120, an accounting concentration consists of not less than

(1) 24 semester credit hours or 36 quarter credit hours in subjects such as

(A) accounting principles;

(B) intermediate accounting;

(D) cost accounting;

(E) auditing;

(F) advanced accounting;

(G) accounting theory;

(H) governmental accounting; or

(I) detection of fraud;

(2) nine semester credit hours or 15 quarter credit hours of business law, economics, and

(A) statistics;

(B) computer science; or

(d) Repealed 2/2/94.

(e) As used in AS 08.04.120, "a college or university acceptable to the board" means

(1) a college or university accredited by a regional accrediting association or as otherwise approved by the board; or

(2) a foreign college or university whose degree program has been evaluated by an approved credentials evaluation service and determined to be equivalent to the degree program of an institution acceptable under (1) of this subsection; an approved credentials evaluation service is the National Association of State Boards of Accounting (NASBA) International Evaluation Services (NIES).

(f) For purposes of this section, when converting quarter hours to semester hours, the number of quarter hours is multiplied by 2/3 or 0.67.

(g) The following may not be used to meet the accounting concentration

(1) college level examination program (CLEP) courses;

(2) examination preparation courses;

(3 life experience credits; or

(4) courses similar to those described in (1) - (3) of this subsection, as determined by the board.

(h) No more than six semester credit hours can be earned in each subject listed in (b)(1) of this section.

History

Authority: AS 08.04.070; AS 08.04.120
Eff. 1/18/78, Register 64; am 11/9/85, Register 96; am 2/2/94, Register 129; am 5/4/96, Register 138; am 1/1/2008, Register 184; am 10/16/2011, Register 200; am 12/29/2013, Register 208; am 12/25/2015, Register 216; am 1/4/2017, Register 221; am 2/24/2022 Register 241; am 4/12/2024, Register 250

12 AAC 04.187 Education verified

(a) Repealed 5/28/81.

(b) An applicant for a certified public accountant examination or license shall arrange for the submission of a transcript or transcripts from colleges or universities necessary to verify that the applicant meets the appropriate education requirements of 12 AAC 04.185.

(c) A transcript verifying the education of an applicant for examination must be sent directly to the department for the board's use by the issuing college or university. A transcript submitted by an applicant for a certified public accountant license must be certified unless the

(1) original, official transcript has been posted and can be viewed on the Internet website of an approved credentials evaluation service and the original credential evaluation is provided directly to the department by the approved credentials evaluation service; or

(2) board determines it is impossible or impracticable for the transcript to be certified.

(d) If an applicant cannot submit a transcript as required by this section, the board may accept as evidence of education

(1) verification from the licensing authority of accountants in another jurisdiction;

(2) verification from a governmental agency, employer, or association which

(A) previously required documentary evidence of education; or

(B) directly verified education;

(3) oral testimony and sworn statements of the applicant and other parties; and

(4) other documentary evidence.

(e) Repealed 2/2/94.

History

Authority: AS 08.04.070; AS 08.04.120
Eff. 1/18/78, Register 64; am 5/28/81, Register 78; am 2/2/94, Register 129; am 7/27/97, Register 143; am 1/1/2008, Register 184; am 7/26/2025, Register 255

12 AAC 04.189 License renewal

(a) To renew a license to engage in the practice of public accounting, a licensee must submit the applicable renewal fee required in 12 AAC 02.340 and a complete renewal application on a form provided by the department. The renewal application must include certification that the licensee

(1) maintains all of the licensee's offices as required by AS 08.04.360 - 08.04.380;

(2) has met the continuing education requirements of 12 AAC 04.300 - 12 AAC 04.440;

(3) continues to comply with the requirements of AS 08.04; and

(4) either

(A) has met the peer review requirements of 12 AAC 04.600; or

(B) is exempt under 12 AAC 04.620 from compliance with the peer review requirements of 12 AAC 04.600.

(b) For a licensing period that begins on or after January 1, 2028, a foreign-educated applicant or applicant from a foreign jurisdiction shall provide

(1) the certification required under (a)(1) - (4) of this section; and

(2) verification of residence in this state or a state other than this state; in this paragraph, "residence" has the meaning given in AS 01.10.055.

History

Authority: AS 08.04.070; AS 08.04.105; AS 08.04.195
Eff. 1/1/2008, Register 184; am 4/12/2024, Register 250; am 7/26/2025, Register 255

Article 4 Examination

12 AAC 04.190 Application for examination

(a) Each applicant must submit

(1) a complete application on forms provided by the department;

(2) the applicable fees established in 12 AAC 02.340;

(3) proof of meeting the requirements in AS 08.04.150 and 12 AAC 04.187; and

(4) if applying under AS 08.04.150(1)(c), verification of the supervising certified public accountant's license.

(b) Authorization to be scheduled to sit for the examination in 12 AAC 04.200(a)(1) is valid for 60 days after the date of approval by the department.

History

Authority: AS 08.04.070; AS 08.04.130; AS 08.04.150
Eff. 9/9/72, Register 43; am 2/10/78, Register 64; am 8/3/79, Register 70; am 3/24/2004, Register 169; am 1/1/2008, Register 184

12 AAC 04.193 Review of application

Repealed.

History

Eff. 12/15/2002, Register 164; am 3/24/2004, Register 169; repealed 9/28/2008, Register 187

12 AAC 04.195 Qualifications for examination

To meet the requirements of AS 08.04.150(1)(C), an applicant must have at least one year of public accounting experience under the direct supervision of a certified public accountant who, at the time the applicant was supervised, held a current license to practice public accounting in a state within the meaning given in AS 08.04.680.

History

Authority: AS 08.04.070; AS 08.04.150
Eff. 2/14/99, Register 149; am 1/1/2008, Register 184; am 4/12/2024, Register 250

12 AAC 04.200 Examination

(a) The examination for certified public accountant consists of

(1) the computer-based Uniform Certified Public Accountant Examination; and

(2) an ethics course and open book ethics examination.

(b) A score of at least 75 in each section of the Uniform Certified Public Accountant Examination is considered passing.

(c) The ethics course and examination described in (a)(2) of this section is the self-study course, including its lesson reviews and examinations, titled Professional Ethics: The AICPA's Comprehensive Course For Licensure, published by the American Institute of Certified Public Accountants (AICPA), and is graded on a pass or fail basis. The board will waive passage of this course and examination if the applicant documents passage of an ethics examination of another licensing jurisdiction that, in the determination of the board, is equivalent to the course and examination described in this subsection.

(d) In the absence of exceptional circumstances, grades are those reported by the Advisory Grading Service of the American Institute of Certified Public Accountants.

(e) An applicant may retake an examination in accordance with 12 AAC 04.235.

(f) Repealed 2/2/94.

(g) An applicant

(1) may take each of the required examination sections individually, in any order;

(2) may earn credit for each examination section that is passed during a period of 30 months, beginning on the date the applicant's first passing score is released by NASBA and concluding on the date the applicant takes the final section of the examination for which a passing score is achieved; and

(3) must pass all sections of the Uniform Certified Public Accountant Examination within a 30-month period.

(h) An applicant who fails to complete each examination section within a 30-month period will forfeit credit earned for sections passed outside of the 30-month period. Each forfeited section must be retaken in accordance with 12 AAC 04.235.

(i) The board will consider a request for an extension of the period of credit for examinations once an applicant has passed all four sections of the CPA examination. The applicant must submit evidence satisfactory to the board that the credit was lost due to circumstances beyond the applicant's control.

History

Authority: AS 08.04.070; AS 08.04.130
Eff. 9/9/72, Register 43; am 2/10/78, Register 64; am 1/27/81, Register 76; am 5/28/81, Register 78; am 3/30/84, Register 89; am 2/2/94, Register 129; am 7/27/97, Register 143; am 3/24/2004, Register 169; am 1/1/2008, Register 184; am 12/25/2015, Register 216; am 4/19/2019, Register 230; am 2/24/2022, Register 241; am 4/12/2024, Register 250

12 AAC 04.205 Examination transition to computer-based testing

Repealed.

History

Eff. 3/24/2004, Register 169; repealed 2/24/2022, Register 241

12 AAC 04.210 Time and place of examination

Repealed.

History

Eff. 9/9/72, Register 43; am 2/10/78, Register 64; repealed 3/24/2004, Register 169

12 AAC 04.220 Notice of examination

Repealed.

History

Eff. 9/9/72, Register 43; am 2/10/78, Register 64; repealed 3/24/2004, Register 169

12 AAC 04.230 Examination papers

Repealed.

History

Eff. 9/9/78, Register 43; am 4/10/88, Register 106; repealed 4/24/2004, Register 169

12 AAC 04.235 Reexamination

(a) To apply for reexamination, an applicant must submit a complete application for reexamination and the applicable fees.

(b) An applicant may retake an exam section once the applicant's grade for any previous attempt of the same exam section has been released.

History

Authority: AS 08.04.070; AS 08.04.130
Eff. 3/24/2004, Register 169; am 8/8/2020, Register 235

Article 5 Permits and Practice Privileges

12 AAC 04.240 When all requirements are met

Repealed 2/10/78.

12 AAC 04.245 Firm permits

(a) A firm that is engaged in the practice of public accounting in the state must obtain a permit issued by the board under this chapter if the firm

(1) has an established and maintained office in the state and meets the ownership requirements of 12 AAC 04.255;

(2) does not have an established and maintained office in the state but provides, or offers to provide, attest functions in the state under AS 08.04.240(k); or

(3) assumes or uses the title or designation "certified public accountant" or "public accountant" or the abbreviation "CPA" or "PA" as set out under AS 08.04.510 and 08.04.530, or any of the titles and abbreviations listed under AS 08.04.540 unless operating under the requirements of practice privilege under 12 AAC 04.251.

(b) A firm that requires a permit must meet the requirements of 12 AAC 04.280.

History

Authority: AS 08.04.070; AS 08.04.240
Eff. 4/12/2024, Register 250

12 AAC 04.250 Practice permits

Repealed.

History

Eff. 9/9/72, Register 43; am 7/27/97, Register 143; am 1/1/2008, Register 184; am 8/1/2012, Register 203; repealed 4/12/2024, Register 250

12 AAC 04.251 Practice privilege

(a) An individual who establishes a principal place of business in the state and holds a current CPA license in another state in good standing may only practice public accounting in this state without a license issued by the board for a period of 180 days. The individual is required to apply for a license by examination under 12 AAC 04.175, reciprocity under 12 AAC 04.165, or temporary military courtesy license under 12 AAC 04.151(a)(3) and 12 AAC 04.184 not later than 180 days after establishing a principal place of business in the state.

(b) The board may request that an applicant who engages in the practice of public accounting in the state under AS 08.04.420 verify that the applicant's

(1) licensure in another state is in good standing;

(2) principal place of business is located in the same state as licensure under (1) of this subsection; or

(3) substantial equivalency qualifications required under 12 AAC 04.285 have been met.

(c) An accountant who exercises the practice privilege granted under AS 08.04.420 shall follow the statutes and regulations of the state when practicing in the state and shall recognize the jurisdiction and disciplinary authority of the board and courts over the services provided by the accountant in the state.

History

Authority: AS 08.04.070; AS 08.04.420 AS 08.04.240; AS 08.04.422
Eff. 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.255 Firm Ownership

(a) A firm within the meaning given in AS 08.04.680 granted a permit under AS 08.04.240 that ceases to be in compliance with the ownership requirements of that section shall promptly take action to remedy that noncompliance.

(b) The following time periods apply to the remediation efforts under (a) of this section:

(1) if the noncompliance is remedied not later than 180 days after the noncompliance begins, the firm need not provide notice to the board;

(2) if the noncompliance is not or cannot be remedied during the 180-day period, the firm shall provide notice of the noncompliance to the board; the board will establish a reasonable length of additional time by which the firm must achieve compliance; in establishing a reasonable length of time,

(A) the following factors may be considered:

(i) the nature and extent of the noncompliance;

(ii) whether the noncompliance could or should have been anticipated or avoided;

(iii) any hardship that achieving compliance in a more expeditious manner may impose; and

(B) the board may approve

(i) up to an additional 180 days, for a total of 360 days;

(ii) a length greater than that set under (i) of this subparagraph, if reasonable and necessary.

History

Authority: AS 08.04.055; AS 08.04.240
Eff. 8/1/2012, Register 203; am 11/3/2012, Register 204; am 4/12/2024, Register 250

12 AAC 04.260 Roster

Repealed.

History

Eff. 9/9/72, Register 43; repealed 1/1/2008, Register 184

12 AAC 04.270 Reciprocity for CPAs

Repealed 5/28/81.

12 AAC 04.280 Applications for firm permits and renewal of firm permits

(a) An applicant for a permit under 12 AAC 04.245 and AS 08.04.240 must submit

(1) evidence satisfactory to the board that the firm

(A) meets the ownership requirements set out under AS 08.04.240 and 12 AAC 04.255; and

(B) is supervised in accordance with the requirements set out under AS 08.04.360;

(2) a complete application on a form provided by the department;

(3) the applicable fees required in 12 AAC 02.340; and

(4) verification that the firm holds a current permit to practice public accounting in good standing issued by the state or another state; verification must include the firm's current permit status and information regarding any disciplinary action or investigation taken or pending against the firm or its owners; if the permit is not issued by the state, the verification must be from the state in which the firm's established office and principal place of business is located.

(b) A permit is valid for the biennial license period for which it was issued.

(c) A permit issued under AS 08.04.240, 12 AAC 04.245, and this section will be renewed for subsequent biennial license periods if the holder of the permit submits

(1) a renewal application, due not later than December 31, on a form provided by the department;

(2) the applicable fee required in 12 AAC 02.340; and

(3) certification that the holder of the permit continues to meet the requirements of AS 08.04.240

(d) The board may refuse to grant a permit or renewal of a permit issued under AS 08.04.240 and this section for the same reasons that the board may impose disciplinary sanctions under 12 AAC 04.520 upon the holder of a license, permit, or practice privilege.

History

Authority: AS 08.04.070; AS 08.04.240
Eff. 8/14/87, Register 103; am 1/1/2008, Register 184; am 8/1/2012, Register 203; am 4/12/2024, Register 250

12 AAC 04.285 Substantial equivalency

(a) The licensing requirements of another state are substantially equivalent to the national standard if the National Association of State Boards of Accountancy National Qualification Appraisal Service has determined that the qualifications for licensure as a certified public accountant in that state are substantially equivalent to the qualifications for certification as a certified public accountant of the Uniform Accountancy Act, published jointly by the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy.

(b) The qualifications of an individual are substantially equivalent to the national standard if the National Association of State Boards of Accountancy National Qualification Appraisal Service has determined that the individual's qualifications are substantially equivalent to the qualifications for certification as a certified public accountant of the Uniform Accountancy Act, published jointly by the American Institute of Certified Public Accountants and the National Association of State Board of Accountancy.

History

Authority: AS 08.04.070; AS 08.04.075; AS 08.04.120
Eff. 1/1/2008, Register 184; am 4/12/2024, Register 250

Article 6 Continuing Education

12 AAC 04.300 Hours of continuing education required

(a) Continuing education in this section must ensure that a licensee

(1) maintains high professional accountancy standards;

(2) is up to date with current educational trends; and

(3) has obtained specific training required for a CPA to provide public accountancy services effectively and competently, applying the principles and concepts of public accountancy set out in AS 08.04.

(b) An applicant must demonstrate to the board that continuing education completed in the concluding biennial licensing period as set out in 12 AAC 04.300 - 12 AAC 04.400 meets the requirements for continued education as set out in this section.

(c) Except as provided in 12 AAC 04.430 and 12 AAC 04.440, an applicant for renewal of a license issued by the board under this chapter shall provide verification to the board that the applicant completed not less than 80 hours of approved continuing education during the concluding biennial licensing period. At least 20 hours of continuing education must have been completed for each year of the concluding biennial licensing renewal period. For a licensing period that begins on or after January 1, 2026, the applicant may not earn more than 12 hours of continuing education in a day.

(d) At least four hours of the minimum 80 hours of approved continuing education required in (c) of this section must cover ethics.

(e) Not more than 10 hours of the minimum 80 hours of approved continuing education required in (c) of this section may be completed by means of micro-learning activities.

(f) The continuing education requirements of this section do not apply to an individual who holds an inactive license under AS 08.04.410.

(g) For the purposes of this section a continuing education activity under one hour in length is considered a micro-learning activity.

(h) A licensee who for reasonable cause or excusable neglect is unable to complete the continuing education requirements for renewal of a license may request an exemption by explaining the cause for the exemption to the board a written statement. If the exemption is granted, the board will prescribe an alternative method for the licensee to complete the continuing education requirements.

History

Authority: AS 08.04.070; AS 08.04.410; AS 08.04.425
Eff. 1/18/78, Register 64; am 4/7/95, Register 134; am 5/10/98, Register 146; am 7/25/2001, Register 159; am 4/16/2004, Register 170; am 1/1/2008, Register 184; am 12/25/2015, Register 216; am 2/24/2022, Register 241; am 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.310 Computation of nonacademic continuing education hours

(a) For the purposes of 12 AAC 04.300 - 12 AAC 04.440, 50 minutes of instruction constitute one hour.

(b) Repealed 12/25/2015.

History

Authority: AS 08.04.070; AS 08.04.425
Eff. 1/18/78, Register 64; am 2/23/95, Register 133; am 12/25/2015, Register 216

12 AAC 04.320 Computation of academic continuing education hours

(a) One quarter hour academic credit from college or university constitutes 10 hours of continuing education.

(b) One semester hour academic credit from a college or university constitutes 15 hours of continuing education.

History

Authority: AS 08.04.070(b)AS 08.04.425(a)
Eff. 1/18/78, Register 64

12 AAC 04.330 Challenged courses

Academic credit earned for a challenged course is not acceptable for continuing education.

History

Authority: AS 08.04.070(b)AS 08.04.425(a)
Eff. 1/18/78, Register 64

12 AAC 04.340 Approved subjects

To be approved by the board, a subject for continuing education credit must contribute directly to the professional competence of a certified public accountant and may include

(1) technical subjects pertaining directly to the profession of accounting; or

(2) non-technical subjects that improve the licensee's ability to practice accountancy in a competent manner.

History

Authority: AS 08.04.070; AS 08.04.425
Eff. 1/18/78, Register 64; am 4/12/2024, Register 250

12 AAC 04.350 Nonacademic program criteria

(a) Nonacademic continuing education programs requiring class attendance are approved by the board if

(1) a course outline is prepared in advance and preserved;

(2) repealed 12/25/2015;

(3) the program is conducted by a qualified instructor; and

(4) a record of attendance is maintained.

(b) In (a)(3) of this section "qualified instructor" includes an instructor or discussion leader whose background, training, education, or experience makes it appropriate for him or her to lead a discussion on the subject matter of the particular program.

History

Authority: AS 08.04.070; AS 08.04.425
Eff. 1/18/78, Register 64; am 4/10/88, Register 106; am 1/1/2008, Register 184; am 12/25/2015, Register 216

12 AAC 04.360 Approved nonacademic continuing education programs

The following programs are approved by the board if they meet the requirements of 12 AAC 04.340 and 12 AAC 04.350:

(1) professional development programs of the American Institute of Certified Public Accountants, national professional accounting organizations, state accounting societies, or organizations listed by the National Association of State Boards of Accountancy on the National Registry of CPE Sponsors;

(2) technical sessions designed as formal educational programs at meetings of the American Institute of Certified Public Accountants, national professional accounting organizations, state accounting societies, or organizations listed by the National Association of State Boards of Accountancy on the National Registry of CPE Sponsors;

(3) formal, organized, education programs that focus primarily on the enhancement of necessary skills and knowledge in the subjects of accounting, auditing, tax, consulting, financial planning, professional conduct, and specialized industry or government practices;

(4) college or university short courses not carrying academic credit;

(5) repealed 4/12/2024.

History

Authority: AS 08.04.070; AS 08.04.425
Eff. 1/18/78, Register 64; am 2/23/95, Register 133; am 1/1/2008, Register 184; am 4/12/2024, Register 250

12 AAC 04.370 Individual study

Repealed.

History

Eff. 1/18/78, Register 64; repealed 5/14/2022, Register 242

12 AAC 04.380 Instructor or discussion leader

(a) The board will award one hour of continuing education credit for each hour completed in preparation for instruction or discussion as an instructor or discussion leader of an educational program meeting the requirements of 12 AAC 04.310 - 12 AAC 04.360. The number of hours of credit awarded under this subsection may not exceed twice the number of hours awarded under (b) of this section.

(b) The board will award one hour of continuing education credit for each hour completed as an instructor or discussion leader of an educational program meeting the requirements of 12 AAC 04.310 - 12 AAC 04.360. The board will award credit only for the initial course of instruction of the subject matter unless there have been substantial new developments in the subject since the prior presentation.

History

Authority: AS 08.04.070; AS 08.04.425
Eff. 1/18/78, Register 64; am 2/23/95, Register 133; am 5/14/2022, Register 242

12 AAC 04.390 Publications

Repealed.

History

Eff. 1/18/78, Register 64; am 10/16/2011, Register 200; repealed 2/24/2022, Register 241

12 AAC 04.400 Report of continuing education

An applicant for renewal of a license issued by the board under this chapter to practice public accounting shall submit, on a form provided by the department, a statement that the applicant has complied with the continuing education requirements of 12 AAC 04.300.

History

Authority: AS 08.04.070; AS 08.04.425
Eff. 1/18/78, Register 64; am 7/25/2001, Register 159; am 4/12/2024, Register 250

12 AAC 04.410 "Reasonable cause or excusable neglect" defined

Repealed.

History

Eff. 1/18/78, Register 64; am 12/15/2002, Register 164; repealed 4/12/2024, Register 250

12 AAC 04.420 Applicability of continuing education requirement

Repealed.

History

Eff. 1/18/78, Register 64; repealed 1/1/2008, Register 184

12 AAC 04.430 Inactive licenses

(a) To obtain or renew an inactive license under AS 08.04.410, the holder of a license must submit

(1) an application on a form provided by the department; and

(2) the fee set out in 12 AAC 02.340(5).

(b) To resume the active practice of public accounting, the holder of an inactive license must submit

(1) an application on a form provided by the department;

(2) the applicable fee set out in 12 AAC 02.340; and

(3) documentation that shows the applicant's completion of at least 120 hours of approved continuing education, in accordance with 12 AAC 04.310 - 12 AAC 04.410, during the 36 months immediately before the date of the application; no more than 16 of the hours required in this paragraph may be from continuing education programs described in 12 AAC 04.360(5).

(c) The hours of continuing education required in (b) of this section do not satisfy the continuing education requirement for a subsequent renewal of the reactivated license.

(d) Notwithstanding 12 AAC 04.300, a licensee whose license has been reactivated under this section shall complete at least

(1) 10 hours of approved continuing education for each full calendar quarter between the date that the license was reactivated and the next renewal date; or

(2) repealed 7/25/2001;

(3) 80 hours of approved continuing education between the date that the permit was reactivated and the next renewal date.

(e) When a license is in "inactive" status, that status must be made clear by the licensee by the addition of "CPA-Inactive" or "CPA (inactive)" when using the CPA designation in any form, including on business cards, email signatures, websites, and social media accounts.

(f) When a license is in inactive status, the licensee may not practice public accounting or offer to practice public accounting.

History

Authority: AS 08.04.070; AS 08.04.410; AS 08.04.425
Eff. 1/18/78, Register 64; am 8/14/87, Register 103; am 4/7/95, Register 134; am 7/25/2001, Register 159; am 1/1/2008, Register 184; am 2/24/2022, Register 241; am 4/12/2024, Register 250

12 AAC 04.440 Reinstatement of lapsed license

(a) An individual whose license to practice has been lapsed for less than one year may apply for reinstatement of the license by submitting the applicable renewal fee and, if the license has been lapsed for more than 60 days, the delayed renewal penalty fee required in 12 AAC 02.340 and a complete renewal application on a form provided by the department. The renewal application must include certification that the applicant

(1) maintained all of the licensee's offices as required by AS 08.04.360 - 08.04.380;

(2) has met the continuing education requirements of 12 AAC 04.300 - 12 AAC 04.440;

(3) continues to comply with the requirements of AS 08.04; and

(4) either

(A) has met the peer review requirements of 12 AAC 04.600(a)(1) - (3); or

(B) is exempt under 12 AAC 04.620 from compliance with the peer review requirements of 12 AAC 04.600(a)(1) - (3).

(b) An individual whose license to practice has been lapsed for at least one year, but less than three years, may apply for reinstatement of the license by submitting

(1) an application on a form provided by the department;

(2) the license renewal fees for the entire period during which the license has been lapsed and the delayed renewal penalty fee required under 12 AAC 02.340; and

(3) documentation showing the applicant's completion of at least 120 hours of approved continuing education, in accordance with 12 AAC 04.310 - 12 AAC 04.410, during the 36 months immediately before the date of the application for reinstatement; no more than 16 of the hours required in this paragraph may be from continuing education programs described in 12 AAC 04.360(5); at least four hours of the hours required in this paragraph must cover current ethics and statutes and regulations under AS 08.04 and 12 AAC 04.

(c) An individual whose license to practice has been lapsed for at least three years, but less than five years, may apply for reinstatement of the license by

(1) documenting to the satisfaction of the board that the individual's failure to renew the license was excusable;

(2) meeting the requirements of (b) of this section; and

(3) documenting that the continuing education completed in accordance with (b)(3) of this section included successful completion of a current ethics course and examination published by the American Institute of Certified Public Accountants (AICPA) or an ethics examination of another licensing jurisdiction, that, in the determination of the board, is equivalent to the AICPA course and examination described in 12 AAC 04.200(c).

(d) Notwithstanding 12 AAC 04.300, a licensee whose license has been reinstated under (b) or (c) of this section shall complete at least

(1) 10 hours of approved continuing education for each full calendar quarter between the date the license was reissued and the next renewal date; or

(2) 80 hours of approved continuing education between the date the permit was reissued and the next renewal date.

(e) The board may reinstate an applicant's license despite failure to furnish evidence of completion of the continuing education requirements in this section, if the board determines that failure to complete the continuing education requirements was due to reasonable cause or excusable neglect and the applicant agrees to complete a particular program or schedule of continuing education prescribed by the board.

(f) A license to practice that has been lapsed for five years or more may not be reinstated.

History

Authority: AS 08.01.100; AS 08.04.425 AS 08.04.070; AS 08.04.440
Eff. 8/14/87, Register 103; am 4/10/88, Register 106; am 4/7/95, Register 134; am 7/27/97, Register 143; am 7/25/2001, Register 159; am 12/15/2002, Register 164; am 1/1/2008, Register 184; am 9/28/2008, Register 187; am 12/29/2013, Register 208; am 4/12/2024, Register 250

Article 7 Disciplinary Guidelines

12 AAC 04.500 Purpose of disciplinary guidelines

To ensure that the board's disciplinary policies are known and are administered consistently and fairly, the disciplinary guidelines in 12 AAC 04.510 - 12 AAC 04.520 are established.

History

Authority: AS 08.01.075; AS 08.04.070(b)AS 08.04.450
Eff. 4/10/88, Register 106

12 AAC 04.510 Violations

Repealed.

History

Eff. 4/10/88, Register 106; repealed 1/1/2008, Register 184

12 AAC 04.520 Disciplinary guidelines

(a) The board may impose greater or lesser penalties than those described under AS 08.04 and this section depending on the circumstances of a particular case, to the full extent of AS 08.01.075; AS 08.04.450, 08.04.470, and 08.04.480.

(b) The board may revoke a license, permit, or practice privilege if the holder of the license, permit, or practice privilege

(1) obtains or attempts to obtain, by fraud or deceit, a license, permit, or practice privilege;

(2) is convicted of a felony under the laws of any state or the United States;

(3) is the subject of a licensing action by another state as described in AS 08.04.450(7); or

(4) has had the right to practice public accountancy before any state or federal agency suspended or revoked.

(c) The board may suspend a license, permit, or practice privilege for up to two years, impose a civil fine in the amount determined by the board, and impose other disciplinary sanctions authorized under AS 08.01.075, in cases of

(1) gross negligence in the practice of public accounting as defined in 12 AAC 04.530;

(2) an act discreditable to the accounting profession as defined in 12 AAC 04.530;

(3) dishonesty in the practice of public accounting as defined in 12 AAC 04.530;

(4) the conviction of a crime involving dishonesty or fraud as described in AS 08.04.450(6); or

(5) unprofessional conduct in an investigation.

(d) The board may suspend a license, permit, or practice privilege for up to one year, in cases of

(1) violation of a provision of AS 08.04.500 - 08.04.610 as described in AS 08.04.450(3); and

(2) violation of a regulation of the board as described in AS 08.04.450(4).

(e) If the board determines that an applicant has cheated on or breached the security of the examination for certified public accountancy, the applicant is subject to the following:

(1) voiding of that applicant's examination score and denial of a license or permit to that applicant based on that examination score;

(2) prohibition of that applicant from sitting for further examinations in the state.

History

Authority: AS 08.01.075; AS 08.04.130 AS 08.04.070; AS 08.04.450
Eff. 4/10/88, Register 106; am 2/14/99, Register 149; am 1/1/2008, Register 184; am 12/25/2015, Register 216; am 4/12/2024, Register 250

12 AAC 04.530 Definitions for disciplinary guidelines

For the purposes of this section, AS 08.04.450, 08.04.470, 08.04.480, and 12 AAC 04.520 - 12 AAC 04.530,

(1) "act discreditable to the accounting profession" means an action that conflicts with or is in breach of the rules set out in the Code of Professional Conduct of the American Institute of Certified Public Accountants, AICPA Professional Standards, ET Section, revised as of June 15, 2022, and adopted by reference under 12 AAC 04.004;

(2) "breaching the security provisions of a licensing examination" includes

(A) removing any examination materials from the examination room without authorization,

(B) reproducing, or assisting a person in reproducing, any portion of the licensing examination by any means and without authorization;

(C) obtaining examination questions or other examination materials, except by specific authorization before, during, or after an examination;

(D) using, or purporting to use, improperly obtained examination questions or materials to instruct or prepare an examinee for the licensing examination; and

(E) selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination;

(3) "cheating on a licensing examination" means

(A) communicating with another examinee or an unauthorized person during the administration of the examination regarding the content of the examination;

(B) copying answers from another examinee; or

(4) "dishonesty in the practice of public accounting" means making misleading, deceptive, or untrue representations in the practice of public accountancy;

(5) "fraud or deceit in obtaining any certificate, license, registration, or permit" means knowingly submitting false or forged evidence to the board in, or in support of,

(A) an application for a certificate, license, registration, or permit;

(B) cheating on a licensing examination, or assisting a person in cheating on a licensing examination; or

(6) "gross negligence in the practice of public accounting" means

(A) the failure by a licensee to adequately keep required documentation and work papers of a client or of work performed by the holder of a license, permit, or certificate;

(B) mis-accounting funds; or

(7) "unprofessional conduct in an investigation" means

(A) failing to cooperate with an official investigation by the board or the board's representatives, including failing to timely provide requested information; and

(B) failing to allow the board or the board's representative to examine and have access to records maintained by the licensee that relate to the licensee's practice under AS 08.04 upon written request.

History

Authority: AS 08.01.075; AS 08.04.070; AS 08.04.450
Eff. 4/10/88, Register 106; am 2/14/99, Register 149; am 12/25/2015, Register 216; am 4/12/2024, Register 250

Article 8 Peer Review

12 AAC 04.600 Peer review requirements

(a) A permit holder who issued a report on audited or reviewed financial statements during the concluding permit period shall

(1) certify that within the three years before the date of application for permit renewal, the permit holder has undergone a peer review that meets the requirements of

(A) American Institute of Certified Public Accountants, AICPA Standards for Performing and Reporting on Peer Reviews, June 2023 edition, adopted by reference, excluding any reference to compilations; or

(B) National State Auditors Association (NSAA), Peer Review Manual, 2022 edition, adopted by reference;

(2) remain in good standing with the organization administering the peer review; and

(3) submit the most recent written acceptance report from the AICPA at the request of the board if required.

(b) In this section,

(1) "organization administering the peer review" means

(A) a state certified public accountant society authorized by the American Institute of Certified Public Accountants Peer Review Board to administer peer reviews; or

(B) the National State Auditors Association;

(2) "permit holder" means a person or firm that holds a permit to practice under AS 08.04.420.

History

Authority: AS 08.04.070; AS 08.04.426
Eff. 7/27/97, Register 143; am 11/2/2001, Register 160; am 10/16/2003, Register 168; am 12/25/2015, Register 216; am 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.610 Approved quality review programs

Repealed.

History

Eff. 7/27/97, Register 143; am 11/2/2001, Register 160; am 10/16/2011, Register 200; am 8/1/2012, Register 203; am 1/4/2017, Register 221; am 4/19/2019, Register 230; am 2/24/2022, Register 241; repealed 4/12/2024, Register 250

12 AAC 04.620 Exceptions to peer review reporting requirements

(a) A permit holder is exempt from the peer review requirements under 12 AAC 04.600 if

(1) the permit holder did not issue reports on audited or reviewed financial statements during the concluding permit period; or

(2) the report on audited or reviewed financial statements was

(A) the permit holder's first report during the permit period; and

(B) was issued within the last 12 months of the concluding permit period.

(b) A permit holder who is exempt under (a)(2) of this section must undergo a peer review as set out under 12 AAC 04.600 within 18 months after the date of the first completed report on audited or reviewed financial statement.

(c) If a firm is merged, otherwise combined, dissolved, or separated, the organization administering the peer review shall determine which firm is considered the succeeding firm. That determination is subject to review by the board. The succeeding firm shall retain its peer review status and its peer review due date.

History

Authority: AS 08.04.070; AS 08.04.426
Eff. 7/27/97, Register 143; am 11/2/2001, Register 160; am 10/16/2011, Register 200; am 1/4/2017, Register 221; am 4/19/2019, Register 230; am 4/12/2024, Register 250; am 7/26/2025, Register 255

12 AAC 04.630 Special quality review reporting requirements

Repealed.

History

Eff. 7/27/97, Register 143; am 11/2/2001, Register 160; repealed 4/12/2024, Register 250

12 AAC 04.690 Definitions related to quality review

Repealed.

History

Eff. 7/27/97, Register 143; am 11/2/2001, Register 160; am 12/25/2015, Register 216; repealed 4/12/2024, Register 250

Article 9 General Provisions

12 AAC 04.900 Complaints

A complaint against a licensed or unlicensed person or firm must be made to the department in compliance with the established complaint procedures of the department.

History

Authority: AS 08.04.070(b)
Eff. 9/9/72, Register 43; am 2/10/78, Register 64

12 AAC 04.920 Current address

A licensee shall maintain a current, valid mailing address on file with the division at all times. The latest mailing address on file for an active, inactive, or lapsed license is the address of the licensee for official communications, notifications, and service of legal process.

History

Authority: AS 08.04.070(b)
Eff. 11/9/85, Register 96

12 AAC 04.925 Principal place of business

Under AS 08.04.680 and this chapter, the principal place of business that an individual designates for the purposes of substantial equivalency and reciprocity is the primary office location where a licensee directs and controls the day-to-day operations and business activities for the purposes of providing public accounting services.

History

Authority: AS 08.04.070; AS 08.04.120; AS 08.04.240 AS 08.04.105; AS 08.04.150; AS 08.04.680 AS 08.04.110; AS 08.04.195
Eff. 7/26/2025, Register 255

12 AAC 04.930 Articles of incorporation and articles of organization

(a) Except as provided in (b) of this section, a corporation registered or applying for registration with the board under AS 08.04.240(b) shall file with the board a copy of the corporation's articles of incorporation. The articles of incorporation must state that the sole purpose and business of the corporation is the practice of public accounting as required under AS 08.04.240(b).

(b) A corporation that is incorporated under AS 10.45 as a professional corporation in the state is exempt from the requirements of this section.

(c) A limited liability company registered or applying for registration with the board under AS 08.04.240(d) shall file with the board a copy of the limited liability company's articles of organization. The articles of organization must state that the sole purpose and business of the limited liability company is the practice of public accounting as required under AS 08.04.240(d).

History

Authority: AS 08.04.070; AS 08.04.240
Eff. 5/4/96, Register 138; am 7/27/97, Register 143

12 AAC 04.940 Use of title "enrolled agent"

The use of the title "enrolled agent," as defined by the United States Internal Revenue Service, does not constitute use of a deceptive title under AS 08.04.540.

History

Authority: AS 08.04.070; AS 08.04.540
Eff. 7/27/97, Register 143

12 AAC 04.990 Definitions

In this chapter

(1) "accountant" means a person who holds

(A) a license under AS 08.04.105 or 08.04.195;

(B) a permit under AS 08.04.240;

(D) repealed 4/12/2024

(2) "board" means the Board of Public Accountancy;

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

(4) repealed 5/28/81;

(5) "financial statement" includes a statement of position, a statement of operations, a statement of change in equity and notes, a balance sheet, an income statement, a statement of cash flows, a statement of assets and liabilities, and any other statement that purports to represent a statement of position or operation;

(6) "opinion" means a written conclusion, based on the use of expert knowledge in accounting and auditing, in matters for which advice is sought or required;

(7) repealed 1/1/2008;

(8) repealed 2/2/94;

(9) "statement" means a financial statement;

(10) "conditional credit" means credit for subjects which the candidate has successfully passed and will not be required to repeat;

(11) "attest function" means the financial statement services described in 12 AAC 04.038;

(12) "good moral character" means the absence of conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States, including

(A) illegal conduct;

(B) conduct involving dishonesty, fraud, deceit, or misrepresentation, including misconduct in the licensing application process; and

(C) conduct that adversely reflects on the individual's fitness to perform as an accountant or ability to comply with the requirements of AS 08.04 and this chapter;

(13) repealed 1/1/2008;

(14) "engagement" means an agreement between a client and a licensee regarding the performance of professional services and the services performed under the agreement;

(15) "reasonable cause or excusable neglect" includes

(A) chronic illness;

(B) military service; and

(16) "state" includes the territories listed in the definition of "state" in AS 08.04.680.

History

Authority: AS 08.04.070; AS 08.04.130; AS 08.04.680 AS 08.04.110; AS 08.04.150 AS 08.04.120; AS 08.04.425
Eff. 9/9/72, Register 43; am 2/10/78, Register 64; am 8/3/79, Register 70; am 1/27/81, Register 78; am 4/22/83, Register 86; am 11/9/85, Register 96; am 8/18/90, Register 115; am 2/2/94, Register 129; am 2/14/99, Register 149; am 1/1/2008, Register 184; readopt 12/25/2015, Register 216; am 4/12/2024, Register 250; am 7/26/2025, Register 255

Chapter 05 Acupuncture

Article 1 Licensing

12 AAC 05.100 Application requirements

An applicant for a license to practice acupuncture shall document compliance with the requirements in AS 08.06.020 and 08.06.030(a) by submitting

(1) a complete application on a form provided by the department;

(2) the applicable fees established under 12 AAC 02.108;

(3) a certified copy of a transcript from an approved school of acupuncture verifying the applicant's course of study, if the applicant is using education to qualify;

(4) official verification of a license from each jurisdiction where the applicant holds or has ever held a license to practice acupuncture, if applicable; the verification must be sent directly to the department and include information on any disciplinary proceedings or unresolved complaints against the applicant;

(5) a certified copy of the applicant's diplomate of acupuncture certificate issued by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) or a letter from the NCCAOM verifying that the applicant is qualified for a diplomate of acupuncture certificate; and

(6) an attestation from the applicant that states that the applicant

(A) has not committed an action that could be grounds for imposition of disciplinary sanctions under AS 08.06.070; and

(B) is not under investigation for an action that could be grounds for imposition of disciplinary sanctions under AS 08.06.070.

History

Authority: AS 08.06.020; AS 08.06.070 AS 08.06.030; AS 08.06.100
Eff. 2/8/95, Register 133; am 12/25/2019, Register 232; am 2/16/2024, Register 249; am 4/18/2025, Register 254

12 AAC 05.110 Approved school of acupuncture

(a) To be approved by the department, a school of acupuncture must be

(1) recognized by the Council of Colleges of Acupuncture and Herbal Medicine (CCAHM);

(2) recognized by the Accreditation Commission for Acupuncture and Herbal Medicine (ACAHM); or

(3) another institution with equivalent standards as determined by the NCCAOM.

(b) If an applicant holds a diplomate of acupuncture certificate issued by the NCCAOM, the department may consider that as the determination that the institute has equivalent standards as required under (a)(3) of this section.

History

Authority: AS 08.06.030; AS 08.06.100
Eff. 2/8/95, Register 133; am 12/2/99, Register 152; am 12/25/2019, Register 232; am 2/16/2024, Register 249

Article 2 License Renewal and Continuing Competency

12 AAC 05.200 License renewal

(a) A license to practice acupuncture expires on September 30 of even-numbered years.

(b) A licensee applying for license renewal shall

(1) complete a renewal application on a form provided by the department;

(2) pay the license renewal fee established in 12 AAC 02.108;

(3) repealed 12/25/2019;

(4) submit a sworn statement of contact hours of continuing competency activities completed during the concluding licensing period, if required by 12 AAC 05.210.

History

Authority: AS 08.01.100; AS 08.06.040; AS 08.06.100
Eff. 2/8/95, Register 133; am 12/25/2019, Register 232

12 AAC 05.210 Continuing competency requirements

(a) An applicant for renewal of a license to practice acupuncture shall document completion of one of the following:

(1) certification as a diplomate in acupuncture by the NCCAOM during the entire concluding licensing period; or

(2) 15 Professional Development Activity points earned solely in core competency activities in acupuncture as defined by the NCCAOM during the concluding licensing period.

(b) An applicant for renewal of a license to practice acupuncture who has been licensed less than 12 months is exempt from the requirements of this section.

History

Authority: AS 08.06.040; AS 08.06.100
Eff. 2/8/95, Register 133; am 12/25/2019, Register 232

12 AAC 05.220 Approved continuing competency activities

To be accepted by the department, continuing competency activities under 12 AAC 05.210(a)(2) must be designated a Core Competency Professional Development Activity in acupuncture by the NCCAOM.

History

Authority: AS 08.06.040; AS 08.06.100
Eff. 2/8/95, Register 133; am 12/25/2019, Register 232; am 2/16/2024, Register 249

12 AAC 05.230 Audit of continuing competency requirements

The department will audit renewal applications in accordance with 12 AAC 02.960, to monitor compliance with the continuing competency requirements of 12 AAC 05.210 and 12 AAC 05.220.

History

Authority: AS 08.06.040; AS 08.06.100
Eff. 2/8/95, Register 133; am 12/25/2019, Register 232

Article 3 Practice Standards

12 AAC 05.300 Disclosure

(a) A licensee shall disclose to each patient that the licensee's training and practice is in acupuncture by posting a conspicuous notice in the patient waiting room and including the disclosure on all written material made available to patients or the public.

(b) A licensee who is not covered by malpractice insurance shall

(1) post a conspicuous notice in the patient waiting room that states the licensee does not have malpractice insurance; or

(2) require each patient or the patient's legal guardian to sign a statement acknowledging that the patient or the patient's guardian has been informed that the licensee is not covered by malpractice insurance.

(c) If the licensee has a patient who is blind or otherwise not able to read the written disclosure required by this section, the licensee shall

(1) verbally disclose to the patient or the patient's legal guardian at the initial visit that the licensee's training and practice is in acupuncture; and

(2) if the licensee is not covered by malpractice insurance, verbally disclose that fact to the patient or the patient's legal guardian at the initial visit and at least once each year that the patient receives care from the licensee.

History

Authority: AS 08.06.050; AS 08.06.100
Eff. 2/8/95, Register 133

Article 4 General Provisions

12 AAC 05.990 Definitions

In this chapter and in AS 08.06, unless the context otherwise requires,

(1) "department" means the Department of Commerce, Community, and Economic Development;

(2) "NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.

(3) repealed 12/25/2019.

History

Authority: AS 08.06.100
Eff. 2/8/95, Register 133; am 12/25/2019, Register 232

Chapter 06 Athletic Commission

Article 1 General Licensing Requirements

12 AAC 06.010 Licensing

(a) An application for a license required by AS 05.10.060 or AS 05.10.120 as a promoter, club boxer, professional boxer, professional wrestler, manager, second, trainer, referee, or examining physician must be made in writing on the form prescribed by the commission, complete with all required documents and the correct fee.

(b) A person or organization required to be licensed under AS 05.10 and this chapter may not participate, either directly or indirectly, in a professional boxing or sparring contest, a club boxing contest, or wrestling match, unless that person or organization has first obtained a license from the commission.

(c) A false statement of a material matter in an application is grounds for denial of the application or, if the license has been issued, for revocation of the license.

History

Authority: AS 05.05.020(b)AS 05.10.010; AS 05.10.120
Eff. 9/10/86, Register 99; am 3/18/92, Register 122

12 AAC 06.020 License to promote a contest

(a) The commission will, in its discretion, issue a license to conduct, hold, or give professional boxing or sparring contests, club boxing contests, or wrestling matches.

(b) An application for a promoter's license must be in writing and must include

(1) a statement of ownership of the organization seeking a license or a financial statement of the person seeking a license;

(2) two letters of recommendation;

(3) a full credit report; and

(4) payment of all required fees.

(c) An application for a license as a promoter must be approved by at least three commission members, before a license will be issued.

History

Authority: AS 05.05.020(b)AS 05.10.020; AS 05.10.060 AS 05.10.010; AS 05.10.030; AS 05.10.070
Eff. 9/10/86, Register 99; am 3/18/92, Register 122

12 AAC 06.030 Professional boxing license

(a) To qualify for a professional boxing license an applicant must submit

(1) an application on a form provided by the commission;

(2) the fees required by AS 05.10.120;

(3) an official copy of the applicant's birth certificate, or a notarized copy of the applicant's driver's license, on a form provided by the department, verifying that the applicant is at least 18 years of age;

(4) a statement of the applicant's record as an amateur, club, and professional boxer; and

(5) a statement identifying the applicant's licensed manager and trainer.

(b) Repealed 4/29/91.

(c) An applicant under the age of 18, or over the age of 36 years, will not be granted a professional boxing license or have a license renewed, unless special consideration is given by the commission to the applicant's physical condition.

(d) The commission will not issue or renew a professional boxing license to any applicant who is found to be blind in one eye or whose vision in one eye is so poor that the examining physician recommends that no license be granted. This subsection applies regardless of how good the applicant's vision is in the other eye.

(e) The commission will not issue a professional boxing license to a person who has suffered cerebral hemorrhage or any other serious head injury.

History

Authority: AS 05.05.020(b)AS 05.10.020 AS 05.10.010; AS 05.10.120
Eff. 9/10/86, Register 99; am 4/29/91, Register 118; am 3/18/92, Register 122

12 AAC 06.035 Club boxing license

(a) To qualify for a club boxing license an applicant must submit

(1) an application on a form provided by the commission;

(2) the fees required by AS 05.10.120;

(3) an official copy of the applicant's birth certificate, or a notarized copy of the applicant's driver's license on a form provided by the department verifying that the applicant is at least 21 years of age.

(b) An applicant over the age of 54 years will not be granted a club boxing license or have a license renewed unless special consideration is given by the commission to the applicant's physical condition.

(c) The commission will, in its discretion, order the examination of any club boxer at any time for the purpose of determining whether the club boxer is fit and qualified to engage in club boxing contests.

History

Authority: AS 05.05.020(b)AS 05.10.020 AS 05.10.010; AS 05.10.120
Eff. 3/18/92, Register 122

12 AAC 06.040 License to wrestle

(a) To qualify for a license as a professional wrestler an applicant must submit

(1) an application on a form provided by the commission;

(2) the fees required by AS 05.10.120; and

(3) an official copy of the applicant's birth certificate verifying that the applicant is at least 18 years of age.

(b) An applicant over the age of 54 years will not be granted a license to wrestle or have a license renewed, unless special consideration is given by the commission to the applicant's physical condition.

(c) The commission will, in its discretion, order the examination of any wrestler at any time for the purpose of determination whether the wrestler is fit and qualified to engage in further matches.

History

Authority: AS 05.05.020(b)AS 05.10.020 AS 05.10.010; AS 05.10.120
Eff. 9/10/86, Register 99; am 4/29/91, Register 118

12 AAC 06.050 License to referee boxing contests

(a) To qualify for a license as a referee of a professional or club boxing contest, an applicant must

(1) submit an application on a form provided by the commission and pay the required fee;

(2) be at least 21 years of age;

(3) have at least one year's experience in either amateur or professional boxing as a referee or judge;

(4) submit verifications from three persons of the applicant's proficiency as a referee or judge; and

(5) submit proof of having satisfactorily completed a physical examination within the 30 days before the initial application or renewal date.

(b) The commission will, in its discretion, waive the requirements of (a)(3) of this section for an applicant for a club boxing referee license.

History

Authority: AS 05.05.020(b)AS 05.10.020 AS 05.10.010; AS 05.10.120
Eff. 9/10/86, Register 99; am 3/18/92, Register 122

12 AAC 06.060 Licensing of managers, seconds, and trainers

(a) To qualify for a license to be a professional boxer's manager, trainer, or second, an applicant must:

(1) complete an application form;

(2) pay the required license fee.

(b) A manager licensed by the commission may act as a second without having a second's license.

History

Authority: AS 05.05.020(b)AS 05.10.120
Eff. 9/10/86, Register 99; am 3/18/92, Register 122

12 AAC 06.070 Licensing of examining physicians

The commission will annually prepare a list of the physicians who have applied for and been issued a license by the commission. Only a physician licensed by the commission may be employed to perform examinations of professional boxers and wrestlers for the purposes of this chapter.

History

Authority: AS 05.05.020(b)AS 05.10.120
Eff. 9/10/86, Register 99; am 3/18/92, Register 122

12 AAC 06.080 Denial of application for license

The commission will, in its discretion, deny an application for a license if it finds that the applicant or any partner, officer, director, stockholder or employee of the applicant

(1) engages in illegal bookmaking;

(2) engages in any illegal gambling activity;

(3) is under suspension from any other commission in another state or country;

(4) engages in any activity or practice which is detrimental to the best interests of boxing or wrestling; or

(5) has knowingly dealt or consorted with a person who is so engaged or suspended.

History

Authority: AS 05.05.020(b)AS 05.10.020; AS 05.10.070 AS 05.10.010; AS 05.10.060; AS 05.10.120
Eff. 9/10/86, Register 99

Authority: AS 05.05.020(b)AS 05.10.020 AS 05.10.010; AS 05.10.130
Eff. 9/10/86, Register 99

Article 3 Wrestling Matches and Exhibitions

12 AAC 06.300 Athletic Commission

12 AAC 06.300. License required for a match. Licenses under 12 AAC 06.020, 12 AAC 06.040 and 12 AAC 06.060 are required for a professional wrestling match. All other professional wrestling events are considered only exhibitions for entertainment and not matches, and those events cannot be advertised or announced as matches.

History

Authority: AS 05.05.020(b)AS 05.10.030; AS 05.10.120 AS 05.10.010; AS 05.10.060 AS 05.10.020; AS 05.10.070
Eff. 9/10/86, Register 99

12 AAC 06.310 Athletic Commission

12 AAC 06.310. Physical examination required. (a) All contestants in a wrestling event shall furnish to the commission, at least 72 hours before a wrestling event, evidence of a complete physical examination conducted by a physician not more than seven days prior to the event. (b) Evidence of a physical examination must include a statement by the physician concerning the contestant's physical and mental fitness to wrestle. A contestant may not participate in a wrestling event if the physician finds that the contestant is unfit to participate. (c) As part of the examination required under (a) of this section, a female contestant must be tested for pregnancy. A female licensee may not participate in a wrestling event as a contestant while she is pregnant.

History

Authority: AS 05.05.020(b)AS 05.10.020 AS 05.10.010; AS 05.10.120
Eff. 4/29/91, Register 118

Authority: AS 05.05.020(b)AS 05.10.020
Eff. 4/29/91, Register 118

Authority: AS 05.05.020(b)AS 05.10.010; AS 05.10.090
Eff. 4/29/91, Register 118

Authority: AS 05.05.020(b)AS 05.10.010; AS 05.10.020
Eff. 3/18/92, Register 122

Authority: AS 05.05.020(b)AS 05.10.030; AS 05.10.120 AS 05.10.010; AS 05.10.060 AS 05.10.020; AS 05.10.070
Eff. 9/10/86, Register 99; am 4/29/91, Register 118; am 3/18/92, Register 122

Chapter 07 Audiologists, Speech-Language Pathologists, and Speech-Language Pathologist Assistants

12 AAC 07.010 Approved academic degree

A masters or doctoral degree from an accredited institution which is based on a curriculum that covers the principles, methods, and procedures included in the definition of the "practice of audiology" in AS 08.11.200(5), or is equivalent to the standards adopted by the American Speech-Language-Hearing Association, is a degree in audiology approved by the department as required in AS 08.11.010(4)(B).

History

Authority: AS 08.01.050; AS 08.01.080; AS 08.11.010
Eff. 4/13/88, Register 105

12 AAC 07.020 Telemedicine

(a) A person who is licensed or registered under AS 08.11 may provide telemedicine services to a client in the state if

(1) the telemedicine services are of the same scope, nature, and quality as those services provided in person;

(2) the quality of electronic transmissions used to provide telemedicine services allow the licensee or registrant to provide services equivalent to those provided in person;

(3) the licensee or registrant has the skill and ability to operate the equipment used to provide telemedicine services;

(4) the licensee or registrant assesses the client's level of comfort in receiving telemedicine services and makes appropriate adjustments to the treatment plan based on that assessment;

(5) the licensee or registrant ensures the presence of a telemedicine facilitator who is physically present with the client when appropriate;

(6) the licensee or registrant ensures that the client can contact a licensed health care provider in person as part of the client's treatment plan;

(7) the licensee or registrant ensures that the electronic transmissions used to provide telemedicine services have sufficient security to ensure the protection of the client's medical records as if the client were receiving in-person treatment; and

(8) the licensee or registrant does not provide telemedicine services solely through written correspondence; however, written correspondence may be used to supplement telemedicine services.

(b) Nothing in this section prevents the use of asynchronous telemedicine.

History

Authority: AS 08.11.080; AS 08.11.083; AS 08.11.085
Eff. 8/21/2019, Register 231

12 AAC 07.030 Consent to send records

(a) A licensee or registrant who provides telemedicine services under 12 ACC 07.020 shall document the efforts to obtain the client's consent to send all records to the client's primary care provider, if the licensee or registrant is not the client's primary care provider.

(b) If a client provides consent under (a) of this section, the licensee or registrant who provides telemedicine services shall obtain that consent in writing signed by the client or the client's legal guardian.

History

Authority: AS 08.11.080; AS 08.11.083; AS 08.11.085
Eff. 8/21/2019, Register 231

12 AAC 07.090 Definitions

In this chapter,

(1) "asynchronous telemedicine" means the capturing and transmitting of data for the later viewing or interpreting by a person licensed or registered under AS 08.11;

(2) "in-person treatment" means providing consultation, testing, or therapeutic services to a client who is physically present at the same location as the provider;

(3) "licensed health care provider" means

(A) a person who holds the same category of license or registration as the provider of telemedicine services, or another audiologist or speech-language pathologist licensed under AS 08.11;

(B) a physician, osteopathic physician, or physician assistant licensed under AS 08.64; or

(4) "telemedicine services" has the meaning given in AS 44.33.381(c);

(5) "telemedicine facilitator" means a person at the client site trained in the use of telemedicine technology and trained to assist a client in understanding and using that technology at the direction of the licensee or registrant.

History

Authority: AS 08.11.080; AS 08.11.083; AS 08.11.085
Eff. 8/21/2019, Register 231

Chapter 09 Board of Barbers and Hairdressers

Article 1 Examination Applications and Standards

12 AAC 09.002 Review of license applications

(a) An applicant who meets the requirements on the relevant checklist set out in this section has demonstrated the necessary qualifications for the license or permit applied for. An applicant who does not meet the requirements on that checklist or whose application documents do not clearly show that the applicant is qualified to receive a license or permit will not be issued a license or permit unless the board further reviews the application and determines that the applicant meets the qualifications in AS 08.13 and this chapter for that license or permit.

(b) The following checklist is established by the board for review of an application for a barber or non-chemical barber license by examination. A barber or non-chemical barber license will be issued to an applicant who

(1) submits a completed, notarized form for application under this chapter that includes

(A) the applicant's name and address; and

(B) for each school or apprenticeship where the applicant was trained, the name and address of the school or apprenticeship, the dates of the training, and the number of hours of training completed;

(2) submits original or certified true copies of

(A) student monthly records verifying that the applicant has successfully completed in a school approved by the board

(i) 1,650 hours of training for a barber license; or

(ii) 1,350 hours of training for a non-chemical barber license;

(B) a certification from another state's licensing agency, bearing the seal of that state, that the applicant has successfully completed in a school approved by that state's licensing agency

(i) 1,650 hours of training that included the minimum number of practical operations set out in 12 AAC 09.160 for a barber license; or

(ii) 1,350 hours of training that included the minimum number of practical operations set out in 12 AAC 09.161 for a non-chemical barber license;

(C) student monthly records verifying that the applicant has successfully completed in an apprenticeship program approved by the board

(i) 2,000 hours of training for a barber license; or

(ii) 1,600 hours of training for a non-chemical barber license;

(D) a certification from another state's licensing agency, bearing the seal of that state, that the applicant has successfully completed in an apprenticeship program approved by that states licensing agency

(i) 2,000 hours of training that included the minimum number of practical operations set out in 12 AAC 09.160 for a barber license; or

(ii) 1,600 hours of training that included the minimum number of practical operations set out in 12 AAC 09.161 for a non-chemical barber license; or

(E) a combination of the records required in this paragraph that verify the equivalent of 2,000 apprenticeship hours or 1,650 hours of course work for a barber license, or 1,600 apprenticeship hours or 1,350 hours of course work for a non-chemical barber license, when evaluated using the criteria in 12 AAC 09.090(c);

(3) pays the application fee established in 12 AAC 02.140;

(4) repealed 11/23/2023;

(5) passes the written examination described in 12 AAC 09.056; and

(6) repealed 12/6/2020;

(7) pays the initial biennial license fee in 12 AAC 02.140.

(c) The following checklist is established by the board for review of an application for a hairdresser license by examination. A hairdresser license will be issued to an applicant who

(1) submits the documents and fees required by (b)(1), (3), and (7) of this section;

(2) submits original or certified true copies of

(A) student monthly records verifying that the applicant has successfully completed 1,650 hours of training for a hairdresser license in a school approved by the board;

(B) student monthly records verifying that the applicant has successfully completed 2,000 hours of training for a hairdresser license in an apprenticeship program approved by the board;

(C) a certification from another state's licensing agency, bearing the seal of that state, that the applicant has successfully completed, in a school approved by that state's licensing agency, 1,650 hours of training for a hairdresser license that includes the number of practical operations set out in 12 AAC 09.160; or

(D) a certification from another state's licensing agency, bearing the seal of that state, that the applicant has successfully completed, in an apprenticeship program approved by the state's licensing agency, 2,000 hours of training for a hairdresser license that includes the number of practical operations set out in 12 AAC 09.160; and

(3) passes the written examination described in 12 AAC 09.060.

(d) The following checklist is established by the board for review of an application for an esthetics license by examination. An esthetics license will be issued to an applicant who

(1) submits the documents and fees required by (b)(1), (3), and (7) of this section;

(2) submits original or certified true copies of

(A) student monthly records verifying that the applicant has successfully completed 350 hours of training in a school approved by the board;

(B) a certification from another state's licensing agency, bearing the seal of that state, that the applicant has successfully completed 350 hours of training, including the minimum number of practical operations set out in 12 AAC 09.163, in a school approved by that state's licensing agency;

(C) student monthly records verifying that the applicant has successfully completed 350 hours of training in an apprenticeship program approved by the board; or

(D) a certification from another state's licensing agency, bearing the seal of that state, that the applicant has successfully completed 350 hours of training, including the minimum number of practical operations set out in 12 AAC 09.163, in an apprenticeship program approved by that state's licensing agency; and

(3) passes the written examination described in 12 AAC 09.065;

(4) repealed 12/6/2020.

(e) The following checklist is established by the board for review of an application for a barber, non-chemical barber, or hairdresser license by waiver of examination. A barber, non-chemical barber, or hairdresser license will be issued to an applicant who submits

(1) the documents and fees required by (b)(1), (3), and (7) of this section;

(2) a verification form completed by another state's licensing agency, bearing the seal of that state, showing that the applicant

(A) holds a current license to practice barbering, non-chemical barbering, or hairdressing in that state; and

(B) qualified for licensure by passing a written examination;

(3) verification of training and work experience that meets the requirements in 12 AAC 09.095(a)(3), (b)(3), or (c).

(f) The following checklist is established by the board for review of an application for an esthetics license by waiver of examination. An esthetics license will be issued to an applicant who submits

(1) the documents and fees required by (b)(1), (3), and (7) of this section;

(2) a verification form completed by another state's licensing agency, bearing the seal of that state, showing that the applicant

(A) holds a current license to practice as an esthetician in that state; and

(B) qualified for licensure as an esthetician by passing a written examination;

(3) verification of training that meets the requirements in 12 AAC 09.100.

(g) The following checklist is established by the board for review of an application for a student permit while attending a licensed school of barbering, hairdressing, or esthetics. A student permit for an applicant attending an approved school will be issued to an applicant who submits

(1) a completed form for application under this chapter;

(2) repealed 3/30/2019;

(3) the permit fee established in 12 AAC 02.140; and

(4) proof of enrollment in a licensed school of barbering, hairdressing, or esthetics.

(h) The following checklist is established by the board for review of an application for a student instructor permit. A student instructor permit will be issued to an applicant who submits

(1) a completed form for application under this chapter;

(2) repealed 3/30/2019;

(3) the permit fee established in 12 AAC 02.140; and

(4) verification of one year of practice as a barber, hairdresser, manicurist, or esthetician that meets the requirements in 12 AAC 09.115.

(i) The following checklist is established by the board for review of an application for an instructor license by examination. An instructor license will be issued to an applicant who

(1) submits the documents and fees required by (b)(1), (3), and (7) of this section;

(2) submits verification of a current license to practice as a barber, hairdresser, manicurist, or esthetician in this state;

(3) submits verification of at least

(A) three years of practice as a licensed barber, hairdresser, esthetician, or manicurist in this state or another jurisdiction; or

(B) one year of practice as a licensed barber, hairdresser, esthetician, or manicurist in this state or another jurisdiction followed by 600 hours of student instructor training in a school approved by the board or another licensing jurisdiction; and

(4) passes the written examination described in 12 AAC 09.070;

(5) repealed 12/6/2020.

(j) The following checklist is established by the board for review of an application for an instructor license by waiver of examination. An instructor license will be issued to an applicant

(1) who submits the documents and fees required by (b)(1), (3), and (7) of this section; and

(2) repealed 11/23/2023;

(3) whose application includes a verification form completed by another state's licensing agency, bearing the seal of that state, showing that the applicant

(A) holds a current license to practice as an instructor in that state; and

(B) qualified for licensure as an instructor by passing a written examination.

(k) The following checklist is established by the board for review of an application for a shop owner license. A shop owner license will be issued to an applicant who meets the requirements in 12 AAC 09.110(a).

(l) Repealed 6/8/2016.

(m) The following checklist is established by the board for review of an application for an advanced manicurist endorsement by examination. An advanced manicurist endorsement will be issued to an applicant who

(1) submits a completed, notarized form for application under this chapter that includes

(A) the applicant's name and address; and

(B) for each school where the applicant was trained, the name and address of the school, the dates of the training, and the number of hours of training completed;

(2) submits original or certified true copies of

(A) student records verifying that the applicant has successfully completed 250 hours of training in a school approved by the board or the Alaska Commission on Postsecondary Education; or

(B) a certification from another state's licensing agency, bearing the seal of that state, that the applicant has successfully completed 250 hours of training;

(3) pays the application fee established in 12 AAC 02.140;

(4) repealed 11/23/2023;

(5) submits verification of passing the written examination described in 12 AAC 09.066; and

(6) pays the initial biennial license fee in 12 AAC 02.140.

(n) The following checklist is established by the board for review of an application for an advanced manicurist endorsement by waiver of examination. An advanced manicurist endorsement will be issued to an applicant who submits

(1) the documents and fees required by (b)(1), (3), and (7) of this section;

(2) a verification form completed by another state's licensing agency, bearing the seal of that state, showing that the applicant

(A) holds a current license to practice as a manicurist in that state; and

(B) qualified for licensure as a manicurist by passing a written examination; and

(3) verification of training that meets the requirements in 12 AAC 09.148.

(o) The following checklist is established by the board for review of an application for a license by examination to practice body piercing. A license to practice body piercing will be issued to an applicant who

(1) submits the documents and fees required by (b)(1), (3). and (7) of this section;

(2) submits a certification, on a form provided by the department, from the applicant's trainer certifying that the applicant successfully completed the training requirements of AS 08.13.082(d) and either 12 AAC 09.167(a) - (c) or 12 AAC 09.167(e);

(3) submits copies of current cards issued by the American Red Cross, the American Heart Association, or a similar organization approved by the board, showing that the applicant successfully completed training courses in

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(4) passes the written examination described in 12 AAC 09.068.

(p) The following checklist is established by the board for review of an application for a license by waiver of examination to practice body piercing. A license to practice body piercing will be issued to an applicant who submits

(1) the documents and fees required by (b)(1), (3), and (7) of this section;

(2) a verification form completed by another state's licensing agency, bearing the seal of that state, showing that the applicant

(A) holds a current license to practice body piercing in that state; and

(B) qualified for licensure to practice body piercing in that state by passing a written examination;

(3) copies of current cards issued by the American Red Cross, the American Heart Association, or a similar organization approved by the board, showing that the applicant successfully completed training courses in

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(4) verification of training equivalent to that described in AS 08.13.082(d) and 12 AAC 09.167(a) - (c).

(q) The following checklist is established by the board for review of an application for a license by examination to practice tattooing or permanent cosmetic coloring. A license to practice tattooing or permanent cosmetic coloring will be issued to an applicant who

(1) submits the documents and fees required by (b)(1), (3), and (7) of this section;

(2) submits a certification, on a form provided by the department, from the applicant's trainer certifying that the applicant successfully completed the training requirements of AS 08.13.082(d) and

(A) either 12 AAC 09.169(a)-(c) or 12 AAC 09.169(e), if applying for a tattooing license; or

(B) either 12 AAC 09.168(a)-(c) or 12 AAC 09.168(e), if applying for a permanent cosmetic coloring license.

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(4) passes the written examination described in 12 AAC 09.068.

(r) The following checklist is established by the board for review of an application for a license by waiver of examination to practice tattooing or permanent cosmetic coloring. A license to practice tattooing or permanent cosmetic coloring will be issued to an applicant who submits

(1) the documents and fees required by (b)(1), (3), and (7) of this section;

(2) a verification form completed by another state's licensing agency, bearing the seal of that state, showing that the applicant

(A) holds a current license to practice tattooing or permanent cosmetic coloring in that state; and

(B) qualified for licensure to practice tattooing or permanent cosmetic coloring in that state by passing a written examination;

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(4) verification of training equivalent to that described in AS 08.13.082(d) and

(A) 12 AAC 09.169(a) - (c), if applying for a tattooing license; or

(B) 12 AAC 09.168(a) - (c), if applying for a permanent cosmetic coloring license.

(s) The following checklist is established by the board for review of an application for a courtesy license to practice body piercing, tattooing, or permanent cosmetic coloring. A courtesy license to practice body piercing, tattooing, or permanent cosmetic coloring will be issued to an applicant who meets the requirements of AS 08.01.062(a) and who, not fewer than 90 days before the applicant plans to begin practicing, submits

(1) a complete, notarized application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.140;

(3) verification of practicing body piercing, tattooing, or permanent cosmetic coloring for a fee, for at least 12 of the 24 consecutive months immediately preceding the date of application; the proof must include one of the following or a combination of the following:

(A) at least two sworn affidavits from students or employees verifying the applicant's experience;

(B) at least one copy per month of a client release form for at least 12 of the 24 consecutive months immediately preceding the date of application;

(4) a statement signed by the applicant's sponsor verifying that the sponsor is a practitioner of body piercing, tattooing, or permanent cosmetic coloring who holds a permanent license in this state and will sponsor the applicant; and

(5) copies of current cards issued by the American Red Cross, the American Heart Association, or a similar organization approved by the board, showing that the applicant successfully completed training courses in

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens.

(t) The following checklist is established by the board for review of an application for a student permit for an applicant to obtain training for hairdressing, barbering, or esthetics by a licensed instructor in an apprenticeship program in a licensed shop. A student permit to obtain training in hairdressing, barbering, or esthetics by a licensed instructor in a licensed shop will be issued to an applicant who submits

(1) a completed application on a form provided by the department;

(2) the student permit fee established in 12 AAC 02.140; and

(3) a completed statement of responsibility form from the licensed instructor who will provide the training.

(u) The following checklist is established by the board for review of an application for a student permit for an applicant to obtain training for body piercing, tattooing, or permanent cosmetic coloring by a licensed practitioner in an apprenticeship program in a licensed shop. A student permit to obtain training for body piercing, tattooing, or permanent cosmetic coloring by a licensed practitioner in a licensed shop will be issued to an applicant who submits

(1) a completed application on a form provided by the department;

(2) the student permit fee established in 12 AAC 02.140;

(3) a completed statement of responsibility form from the licensed practitioner who will provide the training;

(4) copies of current cards issued by the American Red Cross, the American Heart Association, or a similar organization approved by the board, showing that the applicant successfully completed training courses in

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(5) a copy of the current certificate of sanitary standards issued under 18 AAC 23.310 to the shop in which the training will take place.

(v) The following checklist is established by the board for review of an application for a hair braiding license. A license to practice hair braiding will be issued to an applicant who submits

(1) the documents and fees required by (b)(1), (3), and (7) of this section; and

(2) verification of

(A) completion of instruction as required by 12 AAC 09.164 on a form provided by the department; or

(B) a current license to practice as a hair braider in another state with requirements equal to those in this state at the time of licensure, sent directly to this state from the verifying state's licensing agency in accordance with 12 AAC 09.115.

(w) The following checklist is established by the board for review of an application for a manicurist license. A manicurist license will be issued to an applicant who submits

(1) the documents and fees required by (b)(1), (3), and (7) of this section; and

(2) verification of

(A) training that meets the requirements in 12 AAC 09.143; or

(B) a current license to practice manicuring in another state with requirements equal to those in this state at the time of licensure, sent directly to this state from the verifying state's licensing agency in accordance with 12 AAC 09.115.

History

Authority: AS 08.01.062; AS 08.13.080; AS 08.13.100 AS 08.13.030; AS 08.13.082; AS 08.13.120 AS 08.13.070; AS 08.13.090; AS 08.13.180
Eff. 5/10/96, Register 138; am 3/19/99, Register 149; am 7/23/2000, Register 155; am 7/13/2002, Register 163; am 11/27/2002, Register 164; am 12/6/2002, Register 164; am 1/14/2004, Register 169; am 10/14/2006, Register 180; am 12/24/2006, Register 180; am 4/21/2010, Register 194; am 6/8/2016, Register 218; am 6/21/2018, Register 226; am 3/30/2019, Register 229; am 12/6/2020, Register 236; am 11/23/2023, Register 248; am 9/26/2024, Register 251

12 AAC 09.003 Transitional licensure

Repealed.

History

Eff. 6/20/2001, Register 158; repealed 6/8/2016, Register 218

12 AAC 09.004 Courtesy license

(a) A courtesy license authorizes the licensee to practice body piercing, tattooing, or permanent cosmetic coloring as a guest practitioner in a shop licensed by the board. An applicant for licensure under this section must have a sponsor who holds a permanent license in this state in the same practice area for which the license is requested.

(b) The board will issue a courtesy license to an applicant who meets the requirements of AS 08.01.062(a) and who, not fewer than 90 days before the applicant plans to begin working, submits

(1) a completed application on a form provided by the department; a completed application must specify the dates for which the license is requested, the type of license requested, and the identity of the applicant's sponsor;

(2) the applicable fees established in 12 AAC 02.140;

(A) at least two sworn affidavits from students or employees verifying the applicant's experience;

(B) at least one copy per month of a client release form for at least 12 of the 24 consecutive months immediately preceding the date of application;

(4) a statement signed by the applicant's sponsor verifying that the sponsor is a practitioner of body piercing or practitioner of tattooing and permanent cosmetic coloring who holds a permanent license in this state and will sponsor the applicant; and

(5) verification that the applicant successfully completed training equivalent to that required for completion of courses certified by the American Red Cross, the American Heart Association, or a similar organization approved by the board, and has been issued a current card, in

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens.

(c) A courtesy license to practice body piercing, tattooing, or permanent cosmetic coloring is valid for 30 consecutive days. A person may not be issued more than two courtesy licenses in a calendar year.

(d) The period during which a courtesy license is valid may not be counted towards the training requirements of 12 AAC 09.167 or 12 AAC 09.169.

(e) The board will issue a courtesy license to an applicant to practice hairdressing as a hairdresser for the purpose of working on a television, film, or stage production who meets the requirements of this chapter and AS 08.01.062, and by submitting the following:

(1) a completed application on a form provided by the department; a completed application must specify the dates for which the license is requested, the type of license requested;

(2) payment of the applicable fees established in 12 AAC 02.140;

(3) verification of a current hairdressing license from another state or jurisdiction.

(f) A courtesy license to practice hairdressing is valid for the duration of the production, not to exceed 12 months. If the license is required for a period longer than 12 months, the licensee must apply for a new and separate license.

History

Authority: AS 08.01.062; AS 08.13.030; AS 08.13.070
Eff. 12/6/2002, Register 164; am 9/24/2014, Register 211; am 3/30/2019, Register 229; am 11/23/2023, Register 248

12 AAC 09.005 Examination requirements for licensure

(a) An applicant applying for licensure by examination as a barber, non-chemical barber, hairdresser, advanced manicurist, esthetician, practitioner of body piercing, practitioner of tattooing, practitioner of permanent cosmetic coloring, or instructor under this chapter shall

(1) submit a completed, notarized application for licensure by examination in the relevant practice area for which the license is requested to the division; the application must

(A) be on the form provided by the department; and

(B) include all verification documents necessary to meet the requirements of AS 08.13.080;

(2) complete the relevant written examination administered daily by Prov examination services following notification from the department of preauthorization for examination as an instructor, or as a practitioner for the profession of barbering, non-chemical barbering, hairdressing, esthetics, body piercing, tattooing, or permanent cosmetic coloring;

(3) follow the rules and procedures for examination set by Prov; and

(4) pay all applicable fees for the examination directly to Prov as applicable.

(b) A completed application for licensure under this section must be submitted before an applicant may be considered for examination eligibility.

(c) An applicant who is unable to appear for a scheduled examination may postpone the examination by notifying Prov in accordance with the Prov cancellation and rescheduling policy.

(d) An applicant who fails an examination or fails to appear for an examination without postponing the examination as set out in (c) of this section may reschedule for a future examination. To reschedule for a future examination, an applicant must contact Prov directly and adhere to the relevant policy and procedures set by Prov.

(e) An application is considered abandoned if the applicant does not take an examination as set out in this section within one year from the date of the applicant's initial application.

History

Authority: AS 08.13.030; AS 08.13.040; AS 08.13.080
Eff. 11/2/81, Register 80; am 4/18/82, Register 82; am 8/12/87, Register 103; am 9/30/87, Register 103; am 5/20/88, Register 106; am 10/16/88, Register 108; am 11/28/88, Register 108; am 5/10/96, Register 138; am 7/23/2000, Register 155; am 11/27/2002, Register 164; am 12/28/2008, Register 188; am 6/8/2016, Register 218; am 6/21/2018, Register 226; am 3/30/2019, Register 229; am 12/6/2020, Register 236; am 11/23/2023, Register 248

12 AAC 09.006 Transitional provisions for licensees and endorsement holders

Repealed.

History

Eff. 6/8/2016, Register 218; repealed 6/21/2018, Register 226

12 AAC 09.010 Examination dates

Repealed.

History

Eff. 11/2/81, Register 80; am 4/18/82, Register 82; am 9/30/87, Register 103; repealed 11/23/2023, Register 248

12 AAC 09.015 Reexamination

Repealed 9/30/87.

12 AAC 09.020 Identification of applicant

(a) The department or its designee at the examination site will assign each applicant for examination a number by which the applicant is identified during the examination.

(b) Except for the purpose of receiving an identification number as described in (a) of this section, an applicant may not reveal the applicant's identity to an examiner.

(c) An applicant may not make a reference orally or in writing to an examiner about any school or instructor of barbering, non-chemical barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring, or present licenses held.

(d) Repealed 12/6/2020.

History

Authority: AS 08.13.030; AS 08.13.090
Eff. 11/2/81, Register 80; am 5/10/96, Register 138; am 7/23/2000, Register 155; am 11/27/2002, Register 164; am 3/30/2019, Register 229; am 12/6/2020, Register 236

12 AAC 09.025 Conduct for examinations

(a) No applicant may leave the written examination site while the examination is being conducted without permission of an examiner.

(b) Any attempt by a school owner, instructor, or any person to communicate with or help an applicant in any way while taking the examination, or any attempt by an applicant to secure information from another applicant will disqualify the applicant from completing the examination.

(c) An applicant scheduled to take an examination who is not present at the official start of the examination will not be allowed to take that examination but will be rescheduled by the board.

History

Authority: AS 08.13.080; AS 08.13.090
Eff. 8/12/87, Register 103; am 12/6/2020, Register 236

12 AAC 09.030 Station assigned and equipment

Repealed.

History

Eff. 11/2/81, Register 80; repealed 12/6/2020, Register 236

12 AAC 09.035 Models

Repealed.

History

Eff. 11/2/81, Register 80; am 2/28/88, Register 105; am 3/19/99, Register 149; am 7/23/2000, Register 155; repealed 12/6/2020, Register 236

12 AAC 09.038 Computation of grades

Repealed.

History

Eff. 4/18/82, Register 82; repealed 12/6/2020, Register 236

Article 3 Examinations

12 AAC 09.050 Proficiency examination

(a) A student or apprentice in hairdressing, barbering, non-chemical barbering, or esthetics must pass a practical proficiency examination in the subjects described in (b) of this section, after the student or apprentice completes a course of study in a school or in an apprenticeship program.

(b) A student or apprentice must show proficiency in the following subject areas:

(1) for hairdressing or barbering, all subjects required under 12 AAC 09.160(a);

(2) for non-chemical barbering, all subjects required under 12 AAC 09.161(a); and

(3) for esthetics, all subjects required under 12 AAC 09.163(a).

(c) Verification of passing the proficiency examination in the required subjects must be documented on the affidavit of completed training described in 12 AAC 09.130(f) for a student in a school, or 12 AAC 09.190(k) for an apprentice in an apprenticeship program.

History

Authority: AS 08.13.030; AS 08.13.090
Eff. 12/6/2020, Register 236

12 AAC 09.056 Content and grading criteria for barber and non-chemical barber examinations

(a) The examination for a barber license consists of the written examination entitled the National Barber-Stylist Test, sponsored by the National Interstate Council of State Boards of Cosmetology.

(b) The examination for a non-chemical barber license consists of the written examination entitled the Barber-No Chemical Test, sponsored by the National Interstate Council of State Boards of Cosmetology.

(d) Foreign language interpreters are not allowed in the examination room.

History

Authority: AS 08.13.030; AS 08.13.090
Eff. 5/20/88, Register 106; am 10/16/88, Register 108; am 5/10/96, Register 138; am 3/19/99, Register 149; am 3/30/2019, Register 229; am 12/6/2020, Register 236

12 AAC 09.060 Content and grading criteria for hairdresser examination

(a) The examination for a hairdresser license consists of the written examination entitled the National Hair Design Test, sponsored by the National Interstate Council of State Boards of Cosmetology.

(b) A passing grade on the written examination is 75 percent or above.

History

Authority: AS 08.13.030; AS 08.13.090
Eff. 11/2/81, Register 80; am 4/18/82, Register 82; am 10/21/82, Register 84; am 8/12/87, Register 103; am 5/20/88, Register 106; am 10/16/88, Register 108; am 5/10/96, Register 138; am 6/8/2016, Register 218; am 12/6/2020, Register 236

12 AAC 09.062 Content and grading criteria for hairdressing examination

Repealed 2/28/88.

12 AAC 09.065 Content and grading criteria for esthetician examination

(a) The examination for an esthetician consists of the written examination entitled the National Esthetician Test, sponsored by the National Interstate Council of State Boards of Cosmetology.

(b) A passing grade on the written examination is 75 percent or above.

History

Authority: AS 08.13.030; AS 08.13.090
Eff. 11/2/81, Register 80; am 4/18/82, Register 82; am 8/12/87, Register 103; am 2/28/88, Register 105; am 3/19/99, Register 149; am 7/23/2000, Register 155; am 12/6/2020, Register 236

12 AAC 09.066 Content and grading criteria for advanced manicurist endorsement

(a) The examination for an endorsement as an advanced manicurist is the written examination entitled the Nail Technology Examination, sponsored by the National Interstate Council of State Boards of Cosmetology.

(b) A grade of 75 percent or higher on the examination listed in (a) of this section is a passing grade.

History

Authority: AS 08.13.030; AS 08.13.040; AS 08.13.090
Eff. 7/23/2000, Register 155; am 6/8/2016, Register 218; am 6/21/2018, Register 226

12 AAC 09.068 Body piercing, tattooing, and permanent cosmetic coloring examinations

(a) The written examination for a body piercing license is entitled the Body Piercing Test, sponsored by the National Interstate Council of State Boards of Cosmetology. The examination for a license to practice tattooing or permanent cosmetic coloring is a written examination prepared and administered by the board covering the subjects listed in AS 08.13.080(d)(2).

(b) A grade of 75 percent or higher on the examinations listed in (a) of this section is a passing grade.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.090
Eff. 11/27/2002, Register 164; am 3/30/2019, Register 229

12 AAC 09.070 Content and grading criteria for instructor examination

(a) The instructor examination consists of the written examination entitled the National Teachers Test, sponsored by the National Interstate Council of State Boards of Cosmetology.

(b) A passing grade on the written examination is 75 percent or above.

History

Authority: AS 08.13.030; AS 08.13.090
Eff. 11/2/81, Register 80; am 4/18/82, Register 82; am 9/26/84, Register 91; am 5/20/88, Register 106; am 10/16/88, Register 108; am 5/10/96, Register 138; am 7/23/2000, Register 155; am 7/13/2002, Register 163; am 12/6/2020, Register 236

12 AAC 09.072 Content and grading criteria for cosmetology instructor examination

Repealed 5/20/88.

12 AAC 09.075 Reexamination

(a) An applicant who fails the examination may be reexamined at a future examination.

(b) To be scheduled for reexamination, an applicant shall comply with 12 AAC 09.005(d) and (c) of this section, if applicable.

(c) An applicant who fails the written examination three or more times shall successfully complete remedial training before the applicant will be scheduled for reexamination. An applicant applying under this subsection to retake the written examination shall provide documentation to the board of successful completion of at least 50 hours of theoretical training in a school or apprenticeship program approved by the board, and shall hold a valid student permit during the training as required in AS 08.13.180.

(d) If the applicant does not retake the examination at least one time each year during the three years after the date the examination was first administered, the applicant's application will be considered abandoned and the applicant is required to reapply for the applicable examination under this chapter.

(e) In this section, "applicant" means an individual who has applied to take the examination for

(1) licensure as a barber, non-chemical barber, hairdresser, esthetician, or instructor; or

(2) endorsement as an advanced manicurist.

History

Authority: AS 08.13.030; AS 08.13.040; AS 08.13.090
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 5/10/96, Register 138; am 7/23/2000, Register 155; am 12/28/2008, Register 188; am 4/21/2010, Register 194; am 12/6/2020, Register 236; am 11/23/2023, Register 248

Article 4 Licensing Requirements

12 AAC 09.080 Barber license by examination

Repealed 2/28/88.

12 AAC 09.082 Body piercing license by examination

An application for a license by examination to practice body piercing must be submitted in accordance with 12 AAC 09.005. The application must include verification that the applicant has

(1) successfully completed at least 1,000 hours of training that meets the requirements of AS 08.13.082(d) and 12 AAC 09.167(a) - (c);

(2) successfully completed training equivalent to that required for completion of courses certified by the American Red Cross, the American Heart Association, or a similar organization approved by the board, and has been issued a current card, in

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(3) passed the written examination described in 12 AAC 09.068.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.100 AS 08.13.070; AS 08.13.082
Eff. 11/27/2002, Register 164

12 AAC 09.084 Body piercing license by waiver

An applicant for a license by waiver of examination to practice body piercing shall apply on a form provided by the department. The application must include

(1) payment of the applicable fees established in 12 AAC 02.140;

(2) verification that the applicant

(A) holds a current license to practice body piercing in another state; and

(B) is qualified for licensure to practice body piercing in that state by passing a written examination;

(3) verification that the applicant has successfully completed training equivalent to that required for completion of courses certified by the American Red Cross, the American Heart Association, or a similar organization approved by the board, and has been issued a current card, in

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(4) verification that the applicant has completed training equivalent to that described in AS 08.13.082(d) and 12 AAC 09.167(a) - (c).

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.100 AS 08.13.070; AS 08.13.082
Eff. 11/27/2002, Register 164

12 AAC 09.085 Barber license by waiver

Repealed 2/28/88.

12 AAC 09.086 Tattooing or permanent cosmetic coloring license by examination

(a) An application for a license by examination to practice tattooing must be submitted in accordance with 12 AAC 09.005. The application must include verification that the applicant has successfully completed at least 1,000 hours of training that meets the requirements of AS 08.13.082(d) and 12 AAC 09.169(a) - (c);

(b) An application for a license by examination to practice permanent cosmetic coloring must be submitted in accordance with 12 AAC 09.005. The application must include verification that the applicant has successfully completed at least 250 hours of training that meets the requirements of AS 08.13.082(d) and 12 AAC 09.168(a) - (c).

(c) In addition to meeting the requirements of (a) or (b) of this section, an applicant for a license to practice tattooing or a license to practice permanent cosmetic coloring must provide verification that the applicant has successfully completed training equivalent to that required for completion of courses certified by the American Red Cross, the American Heart Association, or a similar organization approved by the board, and has been issued a current card, in

(1) cardiopulmonary resuscitation (CPR); and

(2) blood borne pathogens.

(d) In addition to meeting the requirements of (a) or (b) of this section, an applicant for a license to practice tattooing or a license to practice permanent cosmetic coloring must have passed the written examination as described in 12 AAC 09.068.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.100 AS 08.13.070; AS 08.13.082
Eff. 11/27/2002, Register 164; am 1/14/2004, Register 169; am 4/5/2018, Register 226; am 3/30/2019, Register 229

12 AAC 09.088 Tattooing or permanent cosmetic coloring license by waiver

An applicant for a license by waiver of examination to practice tattooing or permanent cosmetic coloring shall apply on a form provided by the department. The application must include

(1) payment of the applicable fees established in 12 AAC 02.140;

(2) verification that the applicant

(A) holds a current license to practice tattooing or permanent cosmetic coloring in another state; and

(B) is qualified for licensure to practice tattooing or permanent cosmetic coloring in that state by passing a written examination;

(A) cardiopulmonary resuscitation (CPR); and

(B) blood borne pathogens; and

(4) verification that the applicant has completed training equivalent to that described in AS 08.13.082(d) and 12 AAC 09.169(a) - (c).

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.100 AS 08.13.070; AS 08.13.082
Eff. 11/27/2002, Register 164; am 4/5/2018, Register 226; am 3/30/2019, Register 229

12 AAC 09.090 Barber, non-chemical barber, or hairdresser license by examination

(a) An application for a barber or hairdresser license by examination must be submitted in accordance with 12 AAC 09.005, with verification of

(1) 1,650 hours of course work in a school approved by the board or another licensing jurisdiction;

(2) 2,000 hours of training in an apprenticeship program as required by AS 08.13.082; or

(3) a combination of course work and apprenticeship approved by the board under (c) of this section or approved by another licensing jurisdiction.

(b) An application for a non-chemical barber license by examination must be submitted in accordance with 12 AAC 09.005, with verification of

(1) 1,350 hours of course work in a school approved by the board or another licensing jurisdiction;

(2) 1,600 hours of training in an apprenticeship program as required by AS 08.13.082 and 12 AAC 09.190; or

(3) a combination of course work and apprenticeship approved by the board under (c) of this section or approved by another licensing jurisdiction.

(c) When evaluating a combination of course work and apprenticeship, the board may use the following criteria to determine equivalent hours of course work and apprenticeship:

(1) one course work hour equals 1.212 of an apprenticeship hour; and

(2) one apprenticeship hour equals .825 of a course work hour.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.082
Eff. 11/2/81, Register 80; am 4/18/82, Register 82; am 10/21/82, Register 84; am 2/28/88, Register 105; am 5/20/88, Register 106; am 3/19/99, Register 149; am 3/30/2019, Register 229

12 AAC 09.095 Barber, non-chemical barber, or hairdresser license by waiver

(a) An applicant for a barber or hairdresser license by waiver of examination shall apply on a form provided by the department. The application must include

(1) payment of the fees established in 12 AAC 02.140;

(2) verification of a current license to practice barbering or hairdressing issued by another state;

(3) verification of completed training and work experience equivalent to

(A) 1,650 hours of training in a school approved by the board or another licensing jurisdiction;

(B) 2,000 hours of an apprenticeship program approved by the board or by another licensing jurisdiction;

(C) at least one year of full-time work experience as a licensed barber or hairdresser, averaging no less than 32 hours per week, and a minimum of 1,500 hours of training in an approved school or an apprenticeship program approved by the board or by another licensing jurisdiction; or

(D) at least two years of full-time work experience as a licensed barber or hairdresser, averaging no less than 32 hours per week and a minimum of 1,000 hours of training in an approved school or an apprenticeship program approved by the board or by another licensing jurisdiction; and

(4) documents verifying that a state in which the applicant was licensed as a barber or hairdresser required the applicant to pass a written examination to qualify for licensure.

(b) An applicant for a non-chemical barber license by waiver of examination shall apply on a form provided by the department. The application must include

(1) payment of the fees established in 12 AAC 02.140;

(2) verification of a current license to practice non-chemical barbering issued by another state;

(3) verification of completed training equivalent to

(A) 1,350 hours of training in a school approved by the board or another licensing jurisdiction; or

(B) 1,600 hours of an apprenticeship program approved by the board or by another licensing jurisdiction;

(C) at least one year of full-time work experience as a licensed non-chemical barber averaging no less than 32 hours per week, and a minimum of 1,200 hours of training in an approved school or an apprenticeship program approved by the board or by another licensing jurisdiction; or

(D) at least two years of full-time work experience as a licensed non-chemical barber averaging no less than 32 hours per week and a minimum of 800 hours of training in an approved school or an apprenticeship program approved by the board or by another licensing jurisdiction; and

(4) documents verifying that a state in which the applicant was licensed as a non-chemical barber required the applicant to pass a written examination to qualify for licensure.

(c) An applicant unable to satisfy the requirements of (a)(3) or (b)(3) of this section due to lack of equivalency may obtain the needed hours of training and experience through attendance at an approved school or participation in an apprenticeship program approved by the board.

History

Authority: AS 08.13.030; AS 08.13.082; AS 08.13.100
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 2/28/88, Register 105; am 5/20/88, Register 106; am 5/10/96, Register 138; am 3/19/99, Register 149; am 3/30/2019, Register 229; am 12/6/2020, Register 236

12 AAC 09.096 Hair braiding license requirements

An applicant for a hair braiding license shall apply on a form provided by the department. The application must include

(1) payment of the fees established in 12 AAC 02.140;

(2) verification of completed training required under 12 AAC 09.164 by submitting either

(A) documentation of 35 hours of training received from

(i) a licensed school in this state; or

(ii) licensed hairdresser, instructor of hairdressing, or hair braider in this state that meets the requirements of 12 AAC 09.186; or

(B) verification of licensure from another state with equivalent requirements in which the applicant is licensed as a hair braider; the verification must include the number of hours of training the applicant completed.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.100
Eff. 3/30/2019, Register 229

12 AAC 09.097 Credit for hours of course work and training

(a) An applicant may use the same hours of course work and training to qualify for a license as a barber, a license as a non-chemical barber, and a license as a hairdresser. To be acceptable, the hours of course work and training must meet the requirements set out in this chapter for the applicable license.

(b) An applicant may use the same hours of course work and training to qualify for a license to practice tattooing and a license to practice permanent cosmetic coloring. To be acceptable, the hours of course work and training must meet the requirements set out in this chapter for the applicable license.

History

Authority: AS 08.13.030; AS 08.13.080
Eff. 3/19/99, Register 149; am 3/30/2019, Register 229

12 AAC 09.100 Esthetician license by examination

An application for an esthetician license by examination must be submitted in accordance with 12 AAC 09.005, with verification of at least 350 hours of esthetics training in an approved school or apprenticeship program, or in a combination of training and apprenticeship approved by the board or by another licensing jurisdiction.

History

Authority: AS 08.13.030; AS 08.13.082 AS 08.13.080; AS 08.13.090
Eff. 11/2/81, Register 80; am 2/28/88, Register 105; am 5/20/88, Register 106; am 7/23/2000, Register 155

12 AAC 09.105 Esthetician license by waiver

An applicant for an esthetician license by waiver of examination must apply on a form provided by the department. The application must include

(1) payment of the applicable fees established in 12 AAC 02.140;

(2) verification of a current license to practice as an esthetician issued by another state;

(3) verification of training equivalent to that described in 12 AAC 09.100; and

(4) documents verifying that a state in which the applicant was licensed as an esthetician required the applicant to pass a written examination to qualify for licensure.

History

Authority: AS 08.13.030; AS 08.13.100
Eff. 11/2/81, Register 80; am 2/28/88, Register 105; am 5/20/88, Register 106; am 5/10/96, Register 138; am 7/23/2000, Register 155; am 12/6/2020, Register 236

12 AAC 09.106 Instructor license requirements

(a) A barber, hairdresser, manicurist, or esthetician who applies for an instructor license must comply with the requirements of this section before teaching in a school or instructing an apprentice in the practice or instruction of barbering, hairdressing, manicuring, or esthetics.

(b) A person licensed as an instructor is limited to instructing only in those fields in which the instructor holds a valid Alaska practitioner license.

(c) An application for an instructor license by examination must be submitted in accordance with 12 AAC 09.005, and must include verification of

(1) a current barber, hairdresser, manicurist, or esthetician practitioner license in this state; and

(2) either

(A) at least three years of practice as a licensed barber, hairdresser, manicurist, or esthetician in this state or in another licensing jurisdiction; or

(B) one year of practice as a licensed barber, hairdresser, manicurist, or esthetician in this state or another licensing jurisdiction followed by 600 hours of student-instructor training in a school approved by the board or approved by another licensing jurisdiction.

(d) An applicant for an instructor license by waiver of examination shall apply on a form provided by the department. The application must include

(1) payment of the fees established in 12 AAC 02.140;

(2) verification of a current barber, hairdresser, manicurist, or esthetician instructor license issued by another licensing jurisdiction that meets or exceeds the licensing standards of the state;

(3) repealed 11/23/2023;

(4) documents verifying that a state in which the applicant was licensed as an instructor required the applicant to pass a written examination to qualify for licensure.

(5) repealed 9/26/2024.

(e) Repealed 6/8/2016.

(f) An applicant for an advanced manicurist instructor license must apply on a form provided by the department. The application must include

(1) verification of one year of work experience as a manicurist or hairdresser that includes at least 32 hours per week;

(2) proof of passing the

(A) written examination for an advanced manicurist endorsement; and

(B) instructor's written examination; and

(3) payment of the applicable fees established in 12 AAC 02.140.

History

Authority: AS 08.13.030; AS 08.13.080 AS 08.13.070; AS 08.13.100
Eff. 5/20/88, Register 106; am 5/10/96, Register 138; am 7/23/2000, Register 155; am 7/13/2002, Register 163; am 1/17/2008, Register 185; am 9/24/2014, Register 211; am 6/8/2016, Register 218; am 6/21/2018, Register 226; am 12/6/2020, Register 236; am 11/23/2023, Register 248; am 9/26/2024, Register 251

12 AAC 09.107 Temporary permits

(a) A request for a temporary permit must be made on an application for licensure form provided by the department. The application must include

(1) verification of a current license to practice barbering, non-chemical barbering, hairdressing, hair braiding, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring issued by another state; and

(2) the application fee, license fee, and temporary permit fee specified in 12 AAC 02.140.

(b) In accordance with AS 08.13.170, a temporary permit is valid until the board acts on the application for a permanent license which it must do within six months.

History

Authority: AS 08.13.030; AS 08.13.170
Eff. 10/21/82, Register 84; am 2/28/88, Register 105; am 7/23/2000, Register 155; am 11/27/2002, Register 164; am 12/28/2008, Register 188; am 3/30/2019, Register 229

12 AAC 09.108 Advanced manicurist endorsement by examination

An application for an endorsement as an advanced manicurist by examination must be submitted in accordance with 12 AAC 09.005, with verification of at least 250 hours of advanced manicuring training in a school approved by the board or by another licensing jurisdiction.

History

Authority: AS 08.13.030; AS 08.13.080 AS 08.13.040; AS 08.13.090
Eff. 7/23/2000, Register 155; am 6/8/2016, Register 218; am 6/21/2018, Register 226

12 AAC 09.109 Advanced manicurist endorsement by waiver

An applicant for an endorsement as an advanced manicurist by waiver of examination must apply on a form provided by the department. The application must include

(1) payment of the applicable fees established in 12 AAC 02.140;

(2) verification of a current license to practice as a manicurist issued by another state;

(3) verification of training equivalent to that described in 12 AAC 09.148; and

(4) documents verifying that a state in which the applicant was licensed as a manicurist required the applicant to pass a written examination to qualify for licensure.

History

Authority: AS 08.13.030; AS 08.13.080 AS 08.13.040; AS 08.13.100
Eff. 7/23/2000, Register 155; am 6/8/2016, Register 218; am 6/21/2018, Register 226

12 AAC 09.110 Shop owner license

(a) An applicant for a shop owner license shall submit a completed application on a form provided by the department. A complete application must include

(1) payment of the fees established in 12 AAC 02.140;

(2) name of the owner or lessee;

(3) business name of the shop;

(4) mailing and street address of the shop;

(5) if the shop owner is not a licensed practitioner, the name and license number of the practitioner who is employed as manager of the shop;

(6) a listing of all other shops the applicant owns which includes the business name, mailing address, and street address of each; and

(7) a completed certification of compliance form provided by the department reflecting that the provisions of 18 AAC 23 that set requirements regarding health and sanitary conditions in shops have been met or documentation that within the 90 days before until the 90 days after the date the application was submitted to the department, the applicant was found to be in compliance with the equivalent health and sanitary regulations of the municipality as a designee of the Department of Environmental Conservation and in which the shop is located; the applicant must obtain that documentation from the municipality, except that an applicant whose shop is located within a shop already inspected under this paragraph may submit a copy of that inspection report or designate that a copy of the report is already on file with the department; if the application is for a shop where body piercing, tattooing, or permanent cosmetic coloring will be practiced, the shop must be inspected and certified by the Department of Environmental Conservation as in compliance with the state environmental sanitation regulations in 18 AAC 23.

(b) A shop owner license is not transferable to another person. In the event of sale, lease, or transfer of ownership of a shop, the buyer, lessee, or transferee must apply for and be issued a new shop owner license, under this section, before conducting business.

(d) A shop owner or manager of a shop shall permit any member of the board or department representative to inspect the shop at any time during working hours to ensure compliance with AS 08.13 and this chapter and with the state environmental health and sanitation requirements of 18 AAC 23. The inspection under this subsection for purposes of meeting the requirements of 18 AAC 23 shall be recorded on a form approved by the board.

(e) A shop owner shall provide a suitable area, accessible to all employees and apprentices, for posting announcements and public notices from the board or the department.

(f) A shop owner shall have a separate shop owner license for each shop owned.

(g) If after an inspection, the department or the Department of Environmental Conservation finds that a shop is not in compliance with the environmental health and sanitation regulations required under (a)(7) or (d) of this section, the board may suspend the shop owner license until the shop owner submits documentation or is reinspected by a department representative to ensure that the shop is in compliance with the requirements of (a)(7) of this section.

(h) A shop owner that intends to move the shop to a new location must meet the requirements of (a)(7) of this section and submit written notification of the new address before conducting business in the new location.

(i) A shop owner that is currently licensed by the board that intends to add to the shop a tattooing, permanent cosmetic coloring, or body piercing procedure must meet the requirements of (a)(7) of this section and AS 08.13.215 before that procedure may be conducted in the shop.

(j) The shop owner or manager of the shop shall designate a licensed practitioner to conduct the business of the shop when the shop owner or manager of the shop is absent from the shop.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 08.13.215
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 5/20/88, Register 106; am 10/16/88, Register 108; am 4/23/98, Register 146; am 3/19/99, Register 149; am 7/23/2000, Register 155; am 11/27/2002, Register 164; am 12/1/2002, Register 164; am 10/14/2006, Register 180; am 1/17/2008, Register 185; am 12/28/2008, Register 188; am 6/8/2016, Register 218; am 3/30/2019, Register 229; am 9/2/2020, Register 235

12 AAC 09.111 Mobile shops

The board may issue a shop owner license to an applicant with a mobile unit for practicing barbering, hairdressing, manicuring, or esthetics who submits

(1) the physical location where the unit will be parked when not in service;

(2) a statement detailing the type of services to be provided;

(3) the name and residence of the unit's owner;

(4) the documentation required under 12 AAC 09.110(a)(7); and

(5) payment of the applicable fees established in 12 AAC 02.140.

History

Authority: AS 08.13.030; AS 08.13.160 AS 08.13.120; AS 08.13.210
Eff. 7/13/2002, Register 163

12 AAC 09.112 Temporary shop license

(a) The board will issue a temporary shop license to a person who

(1) holds a current license or temporary permit in this state to practice body piercing, tattooing, or permanent cosmetic coloring;

(2) intends to hold a workshop or to demonstrate techniques as part of a convention or other special event that includes other practitioners of body piercing, tattooing, or permanent cosmetic coloring; and

(3) meets the requirements of this section.

(b) An applicant for a temporary shop license under this section shall submit

(1) a completed application on a form provided by the department; a completed application must identify the convention or other special event, its location, and the dates for which the temporary shop license is being requested;

(2) an affidavit verifying that the applicant has applied for a Department of Environmental Conservation certificate of sanitary standards issued under 18 AAC 23.310; and

(3) the temporary shop license fee established under 12 AAC 02.140.

(c) An application for a temporary shop license must be received in the department's Juneau office at least 30 days before the convention or other special event is scheduled to begin.

(d) A temporary shop license is valid only for the dates and locations of the convention or other special event described in the application, and for the practitioner to whom it was issued.

(e) A temporary shop license must be posted in a conspicuous location on site at the convention or other special event.

(f) In this section and AS 08.13.120(b), "convention or other special event" means a convention, industry trade show, or similar event that includes practitioners of body piercing, tattooing, or permanent cosmetic coloring and at which the license applicant intends to demonstrate to the other practitioners products or techniques related to body piercing, tattooing, or permanent cosmetic coloring.

History

Authority: AS 08.13.030; AS 08.13.120; AS 08.13.130
Eff. 12/1/2002, Register 164; am 3/30/2019, Register 229

12 AAC 09.115 Verifications

Verification of licensed work experience or training of an applicant required under this chapter must be certified or notarized documentation supplied to the board by

(1) another jurisdiction's licensing board;

(2) a licensed school or shop;

(3) a licensed instructor;

(4) a licensed hairdresser, esthetician, barber, non-chemical barber, body piercing practitioner, tattooing practitioner, or permanent cosmetic coloring practitioner who sponsored an apprentice and maintained the required records under 12 AAC 09.190; or

(5) an individual who has direct personal knowledge of the applicant's work experience hours.

History

Authority: AS 08.13.030; AS 08.13.080
Eff. 11/2/81, Register 80; am 10/1/93, Register 127; am 4/23/98, Register 146; am 7/23/2000, Register 155; am 11/27/2002, Register 164; am 8/20/2004, Register 171; am 6/8/2016, Register 218; am 6/21/2018, Register 226; am 3/30/2019, Register 229

Article 5 Schools and Curriculum

12 AAC 09.120 School owner license

Repealed 2/28/88.

12 AAC 09.125 Requirements for school license; renewal requirements

(a) Except for a school licensed under 12 AAC 09.127, in order to obtain a school license, a person, an association, a firm, or a corporation proposing to open a school of barbering, hairdressing, manicuring, or esthetics must apply to the board for a school license on a form provided by the department. The application must include

(1) the fees established in 12 AAC 02.140;

(2) the name of the school owner;

(3) the names of all parties having a financial interest in the school;

(4) an exact description of the floor plan and location of the school;

(5) a completed certification of compliance form provided by the department reflecting that the provisions of 18 AAC 23 that set requirements regarding health and sanitary conditions in schools, or the equivalent requirements of a municipality as a designee of the Department of Environmental Conservation and in which the school is located, have been met; and

(6) verification from the Alaska Commission on Postsecondary Education that the applicant is

(A) authorized to operate a postsecondary educational institution in the state as described in AS 14.48.070 if the board approves the application for a school under this chapter; or

(B) exempt under AS 14.48.030 from the requirements for an authorization to operate under AS 14.48.070.

(b) Except as provided in (j) and ( l) of this section, in order to be approved by the board, a school must be a minimum of 1,000 square feet, including at least 15 square feet of instructional areas for each student. Minimum required instructional areas are

(1) one classroom for theoretical instruction;

(2) one practical-operation instructional area with student stations arranged to facilitate work to be performed; and

(3) one dispensary with at least one sink with hot and cold water.

(c) For the purpose of determining minimum instructional areas, noninstructional areas of a school are lavatories, closets, hallways, reception areas, offices, stock room and other similar rooms or structures.

(d) School premises are subject to inspection and approval by at least one board member before initial licensure.

(e) A school license is not transferable to another person. In the event of sale, lease, or transfer of ownership of a school, the seller, lessor, or transferor shall notify the board in writing of the transaction within 30 days after the sale, lease, or transfer. The notice must include the name and address of buyer, lessee, or transferee. The buyer, lessee, or transferee must apply for and be issued a new school license under this section before conducting business.

(f) If the operation of a school is moved to a new location, the school owner shall notify the board in writing of the move within 30 days after the move. A school moved to a new location is subject to inspection in accordance with this section.

(g) A school must provide a suitable area, accessible to all students, for posting announcements and public notices from the board or the department.

(h) A branch or extension of a licensed barber or hairdresser school must be in compliance with (b) - (d) of this section and with 12 AAC 09.155 and 12 AAC 09.175. A branch or extension of a licensed manicuring or esthetics school is required to be in compliance with (b) - (d) of this section and with 12 AAC 09.162 and 12 AAC 09.175.

(i) Repealed 6/8/2016.

(j) In order to be approved by the board, a school offering the 250-hour advanced manicurist curriculum described in 12 AAC 09.148 must be a minimum of 600 square feet, including at least 15 square feet of instructional area for each student.

(k) An applicant for renewal of a school license must certify on the renewal application that the applicant still meets the requirements of (a)(6)(A) or (B) of this section.

(l) In order to be approved by the board, a school offering the 12-hour manicurist curriculum described in 12 AAC 09.143 must be a minimum of 300 square feet, including at least 7 square feet of instructional area for each student.

(m) A school owner shall permit any member of the board or department representative to inspect the school at any time during working hours to ensure compliance with AS 08.13 and this chapter and with the state environmental health and sanitation regulations of 18 AAC 23. The inspection under this subsection for purposes of meeting the requirements of 18 AAC 23 shall be recorded on a form approved by the board.

History

Authority: AS 08.13.030; AS 08.13.110; AS 08.13.210 AS 08.13.070; AS 08.13.180
Eff. 11/2/81, Register 80; am 2/28/88, Register 105; am 5/20/88, Register 106; am 10/16/88, Register 108; am 4/23/98, Register 146; am 7/23/2000, Register 155; am 9/15/2002, Register 163; am 7/12/2007, Register 183; am 6/8/2016, Register 218; am 4/5/2018, Register 226; am 6/21/2018, Register 226; am 9/2/2020, Register 235

12 AAC 09.127 License requirements for school offered by a college or university

(a) A college or university proposing to open a school of barbering, hairdressing, manicuring, or esthetics must apply to the board for a school license on a form provided by the department. The application must include

(1) the fees established in 12 AAC 02.140;

(2) the name and location of the school;

(3) the name of the school administrator;

(4) a detailed description of the content and structure of the training to be provided by the school.

(b) In order to be approved by the board, the school offered by a college or university must meet the following requirements:

(1) training must be conducted by persons who hold a valid instructor license, issued by the board, in the type of training being provided;

(2) practical training must be conducted in a shop licensed under AS 08.13.120 and 12 AAC 09.110, except that practical training may be conducted at a university or college, if the practical training involves a mannequin or a subject who is a student registered in the college or university's barbering, hairdressing, manicuring, or esthetics program;

(3) the licensed shop must meet the equipment requirements of 12 AAC 09.146, 12 AAC 09.155, and 12 AAC 09.162, as applicable for the type of training provided;

(4) the theoretical and practical training must meet the requirements of 12 AAC 09.143, 12 AAC 09.148, 12 AAC 09.160, 12 AAC 09.161, 12 AAC 09.163, and 12 AAC 09.164 as applicable for the type of training provided.

(d) The college or university shall enter into a memorandum of agreement with each shop licensed under AS 08.13.120 and 12 AAC 09.110 at which practical training is to be conducted. The memorandum of agreement must set out the contractual relationship between the parties and document the willingness of each party to comply with the requirements of the applicable statutes and regulations. The college or university shall submit a copy of each memorandum of agreement to the department.

(e) The college or university official administering a school of barbering, hairdressing, manicuring, or esthetics shall permit any member of the board to inspect the school at any time during working hours.

History

Authority: AS 08.13.030; AS 08.13.110; AS 08.13.210 AS 08.13.070; AS 08.13.180
Eff. 7/12/2007, Register 183; am 12/28/2008, Register 188; am 6/8/2016, Register 218; am 6/21/2018, Register 226; am 3/30/2019, Register 229

12 AAC 09.130 School records

(a) A school owner on behalf of the student shall register each student with the department on forms provided by the department, including an application for a student permit; the completed forms must include

(1) the personal identification information requested on the forms;

(2) the date of the student's enrollment; and

(3) the original signatures of the student and an official of the school.

(b) The completed forms required by (a) of this section must be filed with the department within 30 days after the enrollment date. No more than 300 hours of the training required by 12 AAC 09.090, 12 AAC 09.100, or 12 AAC 09.106 will be credited for student attendance before the date the student permit application is filed with the department.

(c) Not later than the 15th day after the calendar quarter, on a form provided by the department, a school shall submit a report on each student enrolled. This report must include

(1) the exact number of hours of theoretical and practical training completed by the student during the previous quarter; and

(2) the exact number and type of operations completed by the student during the previous quarter.

(d) The quarterly report must maintain continuity from month-to-month, from the date of enrollment to the date of termination or completion of the course of instruction regardless of attendance by the student.

(e) Not later than 20 working days after termination of instruction of a student, a school owner shall notify the department, on a form provided by the department, of the termination. The termination report must include the date of the student's enrollment, the date of termination, the total number and types of operations performed by the student, and the total number of hours and types of training received by the student. The termination report is subject to audit and may be utilized to establish credit hours for transfer and reenrollment under 12 AAC 09.135.

(f) Not later than five working days after completion by a student of a course of study, the school owner shall submit to the board an affidavit showing the total number of operations, the total number of hours of training and theoretical instruction completed by the student, the date of completion of the course, and verification the student passed the proficiency examination as required by 12 AAC 09.050. This affidavit will serve as certification by the school that the student meets eligibility requirements necessary for examination for licensure.

(g) A student will be considered terminated on the date the school receives written notice from the student of withdrawal or transfer or upon the 31st day of continuous unexcused absence from the school. The school owner shall notify the department of any student in this category, as required by (e) of this section.

(h) A school must provide at least one timeclock for the recording of student attendance and must maintain daily records for the purpose of complying with this section. All records required by this subsection must be maintained in an orderly manner and must be available for inspection during hours the school is open for instruction.

(i) A school may not credit a student for more than 10 hours of training in any one day.

(j) A school shall provide a certificate, diploma, or other affidavit of completion of a course to each student successfully completing a course of instruction.

(k) After written notice to the student and the department, a school owner may request that the department hold all hours for a student that has failed to pay all fees and tuition currently due to the school for the student's course of training until the fees and tuition have been paid. Hours being held by the department for nonpayment to the school may not be used for transfer or to qualify for state board examinations until the school informs the department in writing that the hours are to be taken off of hold status.

(l) A student who is terminated under (e) and (g) of this section and re-enrolls in the same school or enrolls in another licensed school of barbering, hairdressing, or esthetics, must reregister with the department and meet the requirements of this section.

History

Authority: AS 08.13.030; AS 08.13.110; AS 08.13.180
Eff. 11/2/81, Register 80; am 8/12/87, Register 103; am 5/20/88, Register 106; am 10/1/93, Register 127; am 3/19/99, Register 149; am 9/15/2002, Register 163; am 10/14/2006, Register 180; am 8/10/2012, Register 203; am 4/5/2018, Register 226; am 12/6/2020, Register 236

12 AAC 09.135 Transfer of hours and reenrollment

(a) A school shall accept credit hours of instruction and training of a student transferring from another licensed school in Alaska, or in another licensing jurisdiction, upon presentation of a certified or notarized copy of the records maintained by the board or the other licensing jurisdiction, unless the student has interrupted his schooling for a continuous period of two years or more before the request for transfer of credit hours.

(b) A student requesting reenrollment to a school whose schooling has been interrupted for a continuous period of two years or more will not be allowed credit for hours of instruction received prior to the date of interruption.

History

Authority: AS 08.13.030; AS 08.13.110
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 8/12/87, Register 103

12 AAC 09.140 Instructor-student ratio

(a) A school must employ and actively utilize the services of only licensed instructors and must maintain at least one full-time licensed instructor for every 25 or fewer enrolled students.

(b) Licensed instructors in the ratio prescribed in (a) of this section must be on the school premises during all hours the school is open for instruction.

(c) A student instructor enrolled in a school may not be utilized to fulfill the instructor to student ratio requirements of this section.

History

Authority: AS 08.13.030; AS 08.13.110; AS 08.13.190
Eff. 11/2/81, Register 88; am 10/21/82, Register 84; am 8/12/87, Register 103

12 AAC 09.143 Manicuring school curriculum

(a) A student who is enrolled in a course of manicuring must complete a curriculum that consists of at least 12 hours of instruction or training that includes the following subjects for the minimum number of hours specified:

(1) bacteria: one hour;

(2) infectious agents and infection: two hours;

(3) sanitation: three hours;

(4) harmful products and protection: two hours;

(5) anatomy and physiology: two hours;

(6) nail disorders: two hours.

(b) The curriculum set out in (a) of this section shall be taught from a board approved textbook.

(c) A licensed instructor from a school approved by the board may teach the curriculum in (a) of this section in a location outside of the licensed school upon written notification to the board.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.110
Eff. 6/21/2018, Register 226

12 AAC 09.144 Manicuring school curriculum

Repealed.

History

Eff. 7/23/2000, Register 155; am 7/13/2002, Register 163; repealed 6/8/2016, Register 218

12 AAC 09.145 Equipment for barber schools

Repealed 2/28/88.

12 AAC 09.146 Equipment for schools teaching advanced manicuring

(a) In addition to meeting the requirements of 12 AAC 09.125(b), the classroom for theoretical instruction of the practice of advanced manicuring must be equipped with seating capacity for all students attending the class, and with equipment including

(1) one blackboard;

(2) a chart or charts of the skin, hair, muscles, nerves, bones, and circulatory system; and

(3) a book or books on general anatomy, physiology, and hygiene.

(b) The school shall provide each student with at least one board-approved textbook covering the subjects listed in 12 AAC 09.148.

(1) a cabinet for instruments and linens;

(2) a towel container for soiled linens;

(3) a smock;

(4) terrycloth or disposable towels;

(5) manicuring materials, including orange wood sticks, finger bowls, steel pushers, emery boards, metal nail files, cuticle nippers, callus removers, moisturizing lotion, antibacterial soap, finger nail clippers, plastic spatulas, septic powder, cotton balls, cuticle cream, cuticle oil, cuticle solvent, supply trays, polish, tweezers, nail brushes, and chamois buffers;

(6) a manicuring table with adjustable lamp and two chairs;

(7) pedicure tubs;

(8) a manicure ventilation system;

(9) a paraffin wax machine;

(10) artificial nail supplies, including acetone, acrylic powder and liquid, dappen dishes, nail forms and tips, natural bristle brushes, fine and heavy grit files, small scissors, buffing blocks, primer, safety glasses and mask, adhesive, glue, three-way buffers, nail oil, professional electric nail file, and silk wraps;

(11) rubber or latex gloves;

(12) chemical agents and labeled containers for sanitary purposes.

(d) For every six or fewer students working at one time, the practical instructional area must have a wash basin with running hot and cold water.

History

Authority: AS 08.13.030; AS 08.13.110
Eff. 7/23/2000, Register 155; am 6/8/2016, Register 218; am 6/21/2018, Register 226

12 AAC 09.148 Advanced manicurist endorsement curriculum

(a) An applicant for an endorsement as an advanced manicurist must complete a curriculum that consists of at least 250 hours of instruction or training in manicuring that includes the following subjects for the minimum number of hours specified:

(1) sanitation and safety measures: 45 hours, including instruction in

(A) bacteriology; and

(B) sanitation, including

(i) chemical agents; and

(ii) sanitizing methods and procedures;

(D) infectious agents and infection;

(2) anatomy and physiology of the arms, hands, and feet: 45 hours, including instruction in

(A) nail shapes, structures, and growth, including

(i) nail irregularities; and

(ii) nail diseases;

(B) bones, muscles, and nerves of the arm and hand;

(D) blood circulation, including

(i) blood vessels; and

(ii) blood supply of the arm, hand, and foot;

(3) manicuring and pedicuring: 155 hours, including instruction in

(A) preparation;

(B) equipment and implements;

(D) procedures, including

(i) basic manicure;

(ii) oil manicure;

(iii) nail analysis; and

(iv) hand and arm massage;

(E) pedicure;

(F) artificial nails, including

(i) sculpturing and liquid and powder brush-ons;

(ii) artificial nail tips;

(iii) nail wraps and repairs; and

(iv) maintenance;

(v) use of professional electric nail file;

(G) polish application; and

(H) specific needs;

(4) state law: five hours.

(b) The curriculum in (a) of this section must incorporate the following:

(1) communication skills;

(2) professional ethics;

(3) sales skills;

(4) decorum;

(5) record keeping;

(6) client service record cards.

(c) A student is responsible for participating in the routine maintenance of the sanitary conditions necessary to conduct business. However, credit may not be given for time spent laundering towels, washing floors, walls, windows, or lavatories, or similar work.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.110
Eff. 7/23/2000, Register 155; am 6/8/2016, Register 218; am 6/21/2018, Register 226

12 AAC 09.150 Barber school curriculum

Repealed 2/28/88.

12 AAC 09.155 Equipment for barbering or hairdressing schools

(a) In addition to the requirements of 12 AAC 09.125(b), the classroom for theoretical instruction of the practice of barbering or hairdressing must be equipped with seating capacity for all students attending the classroom, and with equipment including

(1) one blackboard;

(2) a chart or charts of the skin, hair, muscles, nerves, bones and circulatory system of the head, neck, and face; and

(3) a book or books on general anatomy, physiology, and hygiene.

(b) The school shall provide each student with at least one board-approved textbook covering all practical operations listed in 12 AAC 09.160.

(1) a cabinet for instruments and linens;

(2) a towel container for soiled towels;

(3) a cape with sanex strips;

(4) towels;

(5) shampoos, tonics, creams, conditioners, and setting lotions;

(6) rollers;

(7) clips, and bobby and hair pins;

(8) combs;

(9) brushes;

(10) a dressing table, dresserette, or styling bar with mirror;

(11) a styling chair;

(12) a portable hair dryer or blower dryer;

(13) a curling iron;

(14) an injector razor with blades;

(15) scissors;

(16) permanent-waving solutions, rods and applicators;

(17) chemical straightening solutions;

(18) bleaches, tints, rinses, and highlighting solutions;

(19) disposable rubber gloves;

(20) thinning shears;

(21) electric clippers;

(22) a mannequin;

(23) repealed 4/23/98;

(24) for a barbering school, a hot lather machine;

(25) repealed 6/8/2016;

(26) waxing materials;

(27) tweezers;

(28) manicuring materials.

(d) For every six or fewer students working at one time, the practical instructional area must have available at least

(1) one shampoo bowl with running hot and cold water; and

(2) one standard chair-style hair-dryer unit with hood.

History

Authority: AS 08.13.030; AS 08.13.110
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 2/28/88, Register 105; am 4/23/98, Register 146; am 1/17/2008, Register 185; am 6/8/2016, Register 218; am 6/21/2018, Register 226

12 AAC 09.160 Barber and hairdresser school curriculum

(a) A student who is enrolled in a course of barbering or hairdressing must complete a curriculum that consists of at least 1,650 hours of theoretical and practical training. A school shall teach a minimum of 185 hours of theoretical instruction, including five hours in state law, consisting of the provisions of AS 08.13, this chapter, and the Department of Environmental Conservation regulations contained in 18 AAC 23, and the following minimum number of practical operations, during the 1,650 hours of training:

SUBJECT MINIMUM

NUMBER

OF PRACTICAL,

OPERATIONAL

HAIRDRESSERS MINIMUM

NUMBER

OF PRACTICAL

OPERATIONS,

BARBERS (1) wet hair styling and drying, including hair analysis, shampooing, finger waving, pin curling, and comb outs18030 (2) thermal hair styling and drying, including hair analysis, straightening, waving, curling with hot combs and hotcurling irons, hair braiding, and blower styling180180 (3) permanent waving, including hair analysis and chemical waving80 50 (4) chemical straightening including hair analysis and the use of sodium hydroxide and other base solutions10 10 (5) haircutting, including hair analysis and the use of the razor, scissors, electric clippers, and thinning shears, for wet and dry cutting250400 (6) haircoloring and bleaching, including hair analysis, predisposition tests, safety precautions, formula mixing, tinting, bleaching, and the use of dye removers, but not including color rinses7575 (7) scalp and hair treatments, including hair and scalp analysis, brushing, electric and manual scalp manipulation, and other hair treatments10 10 (8) beard trimming550 (9) beard shaving,050 (10) eyebrow arching and hair removal, including the use of wax, manual or electric tweezers, and depilatories for the removal of superfluous hair15 0 (11) makeup, including skin analysis, complete and corrective makeup, and the application of false eyelashes150 (12) repealed 6/8/2016. (13) manicure150

(b) A student is responsible for participating in the routine maintenance of the sanitary conditions necessary to conduct business. However, credit may not be given for time spent laundering towels, washing floors, walls, windows, or lavatories, or similar work.

(d) Repealed 6/8/2016.

(e) A student or apprentice who is enrolled in a school or apprenticeship program may complete up to 25 percent of the required theoretical instruction hours in (a) of this section through a distance education course online provided by Milady, PivotPoint, or a similar organization approved by the board. Verification of successful completion of this training must be mailed directly to the department from the school or instructor.

(f) In addition to meeting the requirements of (a) of this section, the curriculum required for a hairdresser must include the manicuring curriculum set out in 12 AAC 09.143.

(g) A student must pass a proficiency examination provided by the school in each subject area described in (a) of this section as required by 12 AAC 09.050, after the student completes the course of study.

History

Authority: AS 08.13.030; AS 08.13.090; AS 08.13.110
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 2/28/88, Register 105; am 5/20/88, Register 106; am 7/23/2000, Register 155; am 4/21/2010, Register 194; am 8/10/2012, Register 203; am 6/8/2016, Register 218; am 4/5/2018, Register 226; am 6/21/2018, Register 226; am 3/30/2019, Register 229; am 12/6/2020, Register 236

12 AAC 09.161 Non-chemical barbering school curriculum

(a) A student who is enrolled in a course of non-chemical barbering must complete a curriculum that consists of at least 1,350 hours of theoretical and practical training. A school shall teach a minimum of 185 hours of theoretical instruction, including five hours in state law, consisting of provisions of AS 08.13, this chapter, and the Department of Environmental Conservation regulations contained in 18 AAC 23, and the following minimum number of practical operations, during the 1,350 hours of training:

SUBJECT MINIMUM NUMBER

OF PRACTICAL

OPERATIONS (1) wet hair styling and drying, including

hair analysis, shampooing, finger waving, pin

curling, and comb outs . . . . . 30 (2) thermal hair styling and drying, includ-

ing hair analysis, straightening, waving, curl-

ing with hot combs and hot curling irons, hair

braiding, and blower styling . . . . . 180 (3) haircutting, including hair analysis and

the use of the razor, scissors, electric clippers,

and thinning shears, for wet and dry cutting . . . . . 400 (4) scalp and hair treatments, including hair

and scalp analysis, brushing, electric and

manual scalp manipulation, and other hair

treatments . . . . . 10 (5) beard trimming . . . . . 50 (6) beard shaving . . . . . 50

(c) A student or apprentice who is enrolled in a school or apprenticeship program may complete up to 25 percent of the required theoretical instruction hours in (a) of this section through a distance education course online provided by Milady, PivotPoint, or a similar organization approved by the board. Verification of successful completion of this training must be mailed directly to the department from the school or instructor.

(d) A student must pass a proficiency examination provided by the school in each subject area described in (a) of this section as required by 12 AAC 09.050, after the student completes the course of study.

History

Authority: AS 08.13.030; AS 08.13.090; AS 08.13.110
Eff. 3/30/2019, Register 229; am 12/6/2020, Register 236

12 AAC 09.162 Equipment for esthetics schools

(a) In addition to the requirements of 12 AAC 09.125(b), the classroom for instruction in the theory of the practice of esthetics must be equipped with adequate seating for all students attending the class, and must include

(1) one blackboard;

(2) a chart or charts of the skin, hair, muscles, nerves, bones, and circulatory system of the head, neck, and face;

(3) a book or books on general anatomy, physiology, and hygiene; and

(4) at least one board-approved textbook, for each student, covering all practical operations listed in 12 AAC 09.163, provided by the school.

(b) The practical instruction area must include the following equipment:

(1) a cabinet for instruments and linens;

(2) a towel container for soiled towels;

(3) a cape with sanex strips;

(4) towels;

(5) a dressing table, dresserette, or styling bar with a mirror;

(6) repealed 4/21/2010;

(7) wax materials;

(8) tweezers;

(9) facial masks;

(10) an adequate reclining chair or massage table with paper liners; and

(11) electrical equipment, including the use of all electrical modalities and electrical apparatus, including dermal lights for facials and skin-care purposes.

(c) For every six or fewer students working at one time, the practical instructional area must have a wash basin with running hot and cold water.

History

Authority: AS 08.13.030; AS 08.13.110
Eff. 2/28/88, Register 105; am 4/23/98, Register 146; am 7/23/2000, Register 155; am 4/21/2010, Register 194

12 AAC 09.163 Esthetics school curriculum

(a) A student who enrolls in a course of esthetics must complete a curriculum that consists of at least 350 hours of theoretical and practical training. A school shall teach a minimum of 40 hours of theoretical instruction, including five hours in state law and the following minimum number of practical operations during the 350 hours of training:

MINIMUM NUMBER

OF PRACTICAL

OPERATIONS (1) manual, including skin analysis, cleansing,

manipulations, packs and masks . . . . . 60 (2) electrical, including the use of all electrical modalities

and electrical apparatus, including dermal lights for facials

and skin-care purposes . . . . . 40 (3) eyebrow arching and hair removal, including the use of

wax, manual or electrical tweezers and depilatories for the

removal of superfluous hair . . . . . 50 (4) makeup, including skin analysis, complete and corrective

makeup, and the application of false eyelashes . . . . . 50

(b) A student or apprentice who is enrolled in a school or apprenticeship program may complete up to 25 percent of the required theoretical instruction hours in (a) of this section through a distance education course online provided by Milady, PivotPoint, or a similar organization approved by the board. Verification of successful completion of this training must be mailed directly to the department from the school or instructor.

(c) A student must pass a proficiency examination provided by the school in each subject area described in (a) of this section as required by 12 AAC 09.050, after the student completes the course of study.

History

Authority: AS 08.13.030; AS 08.13.090; AS 08.13.110
Eff. 2/28/88, Register 105; am 7/23/2000, Register 155; am 4/5/2018, Register 226; am 12/6/2020, Register 236

12 AAC 09.164 Hair braiding curriculum

A student who enrolls in a course of hair braiding must complete 35 hours of instruction. The instruction must include the following:

SUBJECT MINIMUM NUMBER OF HOURS (1) hair and scalp analysis5(2) diseases and disorders5(3) sanitation5(4) statutes and regulations5(5) natural hair braiding techniques 15

History

Authority: AS 08.13.030; AS 08.13.080
Eff. 3/30/2019, Register 229

12 AAC 09.165 Instructor curriculum

(a) The curriculum for a student enrolled in a course of instructor training must consist of at least 600 hours of training in teaching barbering, hairdressing, manicuring, or esthetics. A school shall teach the following minimum hours of instruction:

Minimum Hours of Subject Instruction (1) Statutes and Regulations of the board25 (2) Preparatory theoretical instruction, includ-

ing teaching techniques, lesson planning, methods

of instruction, evaluation of instruction, student

recordkeeping, state recordkeeping, and school

operation75 (3) Supervision of desk, booking appointments,

and assigning students for clinic services25 (4) Clinic floor supervision under the direct

supervision of licensed instructor50 (5) The remaining 425 hours must be completed

as scheduled by the school but must include (A) presentation of theoretical subjects in a

classroom situation;50 (B) presentation of practical subjects in a

classroom situation; and50 (C) supervision of clinic floor325

(b) A school shall employ text and reference books in a student-instructor teaching program.

(d) A student who is enrolled in a school may complete up to 25 percent of the required hours in (a) of this section through a distance education course online provided by Milady, PivotPoint, or a similar organization approved by the board. Verification of successful completion of this training must be mailed directly to the department from the school or instructor.

History

Authority: AS 08.13.030; AS 08.13.110
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 5/20/88, Register 106; am 7/23/2000, Register 155; am 8/10/2012, Register 203; am 4/5/2018, Register 226

12 AAC 09.167 Body piercing training requirements

(a) A student who is receiving training in body piercing must complete a curriculum that consists of at least 1,000 hours of theoretical and practical training. The training must include a minimum of 270 hours of theory instruction and a minimum of 150 practical operations.

(b) The 150 practical operations required under (a) of this section must include

(1) 50 practical operations observed by the student;

(2) 50 practical operations in which the student participated; and

(3) 50 practical operations performed by the student under supervision, but without assistance.

Minimum Number of Subject Hours (1) safety, sanitation, sterilization, and aseptic100(2) anatomy and physiology30(3) skin and skin disorders10(4) aftercare techniques100(5) equipment and supplies20(6) Alaska statutes and regulations10

(d) In addition to the requirements of (a) - (c) of this section, an applicant must successfully complete training equivalent to that required for completion of courses certified by the American Red Cross, the American Heart Association, or a similar organization approved by the board, in

(1) cardiopulmonary resuscitation (CPR); and

(2) blood borne pathogens.

(e) An applicant for a body piercing license under AS 08.13.082(d)(1)(B) based on training received in another state shall submit, on a form provided by the department, verification of completed training equivalent to that required under (a) - (c) of this section. The applicant may establish compliance with the requirements of (c)(6) of this section by submitting to the department an affidavit from the applicant that states that the applicant has studied the Alaska statutes and regulations regarding body piercing for at least the minimum number of hours required.

(f) An applicant for a body piercing license under (e) of this section who does not have enough hours to satisfy the requirements equivalent to those of (a) - (c) of this section may obtain the remaining hours of training needed in a licensed shop in this state under a licensed practitioner of body piercing. The applicant must obtain a student permit under 12 AAC 09.180 and board approval of the proposed training program under 12 AAC 09.190 before the training begins.

(g) A student or apprentice who is enrolled in a school or apprenticeship program may complete up to 25 percent of the required theory instruction hours in (c) of this section through a distance education course online provided by Milady, PivotPoint, or a similar organization approved by the board. Verification of successful completion of this training must be mailed directly to the department from the school or instructor.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.082
Eff. 11/27/2002, Register 164; am 1/14/2004, Register 169; am 4/5/2018, Register 226

12 AAC 09.168 Permanent cosmetic coloring training requirements

(a) A student who is receiving training in permanent cosmetic coloring must complete a curriculum that consists of at least 250 hours of training. The training must include a minimum of 125 hours of theory instruction and a minimum of 75 hours of practical operations, including the number of practical operations under (c) of this section, during which the trainer must be physically present in the shop.

(b) The 125 hours of theory instruction required under (a) of this section must include the following:

Minimum Number of Subject Hours (1) safety, sanitation, sterilization, and aseptic45(2) anatomy and physiology10(3) skin and skin disorders10(4) aftercare techniques30(5) equipment and supplies10(6) Alaska statutes and regulations10(7) emotional and psychological considerations of the client5(8) face shape and color theory5

(1) 25 practical operations observed by the student, including eight lips, eight eyeliners, and eight eyebrows, and may include microblading;

(2) 25 practical operations in which the student participated, including eight lips, eight eyeliners, and eight eyebrows, and may include microblading; and

(3) 25 practical operations performed by the student under supervision, but without assistance, including eight lips, eight eyeliners, and eight eyebrows, and may include microblading.

(1) cardiopulmonary resuscitation (CPR); and

(2) blood borne pathogens.

(e) An applicant for a permanent cosmetic coloring license under AS 08.13.082(d)(1)(B) based on training received in another state shall submit, on a form provided by the department, verification of completed training equivalent to that required under (a) - (c) of this section. The applicant may establish compliance with the requirement of (b)(6) of this section by submitting to the department an affidavit from the applicant that states that the applicant has studied the Alaska statutes and regulations regarding permanent cosmetic coloring for at least the minimum number of hours required.

(f) An applicant for a permanent cosmetic coloring license under (e) of this section who does not have enough hours to satisfy the requirements equivalent to those of (a) - (c) of this section may obtain the remaining hours of training needed in a licensed shop in this state under a licensed practitioner of permanent cosmetic coloring. The applicant must obtain a student permit under 12 AAC 09.180 and board approval of the proposed training program under 12 AAC 09.190 before the training begins.

(g) A student or apprentice who is enrolled in a school or apprenticeship program may complete up to 25 percent of the required theory instruction hours in (b) of this section through a distance education course online provided by Milady, PivotPoint, or a similar organization approved by the board. Verification of successful completion of this training must be mailed directly to the department from the school or instructor.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.082
Eff. 3/30/2019, Register 229

12 AAC 09.169 Tattooing training requirements

(a) A student who is receiving training in tattooing must complete a curriculum that consists of at least 1,000 hours of training. The training must include a minimum of 270 hours of theory instruction and a minimum of 150 hours of practical operations as required under (c) of this section, during which the trainer must be physically present in the shop.

(b) The 270 hours of theory instruction required in (a) of this section must include the following:

(1) 50 practical operations observed by the student;

(2) 50 practical operations in which the student participated; and

(3) 50 practical operations performed by the student under supervision, but without assistance.

(1) cardiopulmonary resuscitation (CPR); and

(2) blood borne pathogens.

(e) An applicant for a tattooing license under AS 08.13.082(d)(1)(B) based on training received in another state shall submit, on a form provided by the department, verification of completed training equivalent to that required under (a) - (c) of this section. The applicant may establish compliance with the requirements of (b)(6) of this section by submitting to the department an affidavit from the applicant that states that the applicant has studied the Alaska statutes and regulations regarding tattooing for at least the minimum number of hours required.

(f) An applicant for a tattooing license under (e) of this section who does not have enough hours to satisfy the requirements equivalent to those of (a) - (c) of this section may obtain the remaining hours of training needed in a licensed shop in this state under a licensed practitioner of tattooing. The applicant must obtain a student permit under 12 AAC 09.180 and board approval of the proposed training program under 12 AAC 09.190 before the training begins.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.082
Eff. 11/27/2002, Register 164; am 1/14/2004, Register 169; am 9/24/2014, Register 211; am 4/5/2018, Register 226; am 3/30/2019, Register 229

12 AAC 09.170 Theory syllabus

(a) The board will, in its discretion, provide a theory syllabus to licensed schools of barbering, hairdressing, manicuring, and esthetics, outlining topics to be taught by the school and listing suggested textbooks to be used for instruction in the practice of barbering, hairdressing, manicuring, and esthetics.

(b) Repealed 12/6/2020.

History

Authority: AS 08.13.030; AS 08.13.110
Eff. 11/2/81, Register 80; am 4/18/82, Register 82; am 7/23/2000, Register 155; am 12/6/2020, Register 236

12 AAC 09.173 Out-of-state training in body piercing, tattooing, and permanent cosmetic coloring

(a) Training in body piercing received outside of this state under AS 08.13.082(d)(1)(B) will be approved by the board if the training meets the requirements of 12 AAC 09.167(a) - (c) and is provided by a person knowledgeable in the applicable techniques.

(b) Training in tattooing received outside of this state under AS 08.13.082(d)(1)(B) will be approved by the board if the training meets the requirements of 12 AAC 09.169(a) - (c) and is provided by a person knowledgeable in the applicable techniques.

(c) Training in permanent cosmetic coloring received outside of this state under AS 08.13.082(d)(1)(B) will be approved by the board if the training meets the requirements of 12 AAC 09.168(a) - (c) and is provided by a person knowledgeable in the applicable techniques.

History

Authority: AS 08.13.030; AS 08.13.080; AS 08.13.082
Eff. 5/26/2004, Register 170; am 4/5/2018, Register 226; am 3/30/2019, Register 229; am 12/6/2020, Register 236

12 AAC 09.175 Sanitation

A violation of 18 AAC 23 is grounds for the suspension or revocation of a license or permit under AS 08.13.030(c)(2).

History

Authority: AS 08.13.030; AS 08.13.210
Eff. 11/2/81, Register 80; am 7/23/2000, Register 155; am 12/1/2002, Register 164

Article 6 Student Permits, Training, and Apprentices

12 AAC 09.180 Student permits

(a) The board will issue a student permit to an applicant who meets the requirements of AS 08.13.080 and submits a completed application on a form provided by the department; the completed application must include

(1) the personal identification information requested on the form;

(2) payment of the fees established in 12 AAC 02.140; and

(3) proof of

(A) enrollment in a licensed school of barbering, hairdressing, or esthetics, as specified in 12 AAC 09.130;

(B) acceptance as an apprentice to a practitioner in a shop approved by the board; or

(b) The board will issue a student-instructor permit, valid for two years from date of issuance, upon receipt of the applicant's

(1) proof of enrollment in a student-instructor program in a licensed school of barbering, hairdressing, manicuring, or esthetics as specified in 12 AAC 09.130; and

(2) proof of a current license to practice as a barber, non-chemical barber, hairdresser, esthetician, or as a manicurist with an endorsement as an advanced manicurist.

(c) The board will, in its discretion, extend a student permit beyond the original expiration date of the permit, up to the date of the next scheduled examination, if a request for an extension is made by the permit holder explaining the need for the extension.

(d) Repealed 8/10/2012.

(e) A student may claim hours under (a)(2)(A) of this section as student or under (a)(2)(B) of this section as an apprentice. The board will not accept hours for a student enrolled in school training and an apprentice program at the same time.

(f) Unless the student's permit is extended under (c) of this section, a student whose permit has expired under this section and re-enrolls in the same school or enrolls in another licensed school of barbering, hairdressing, manicuring, or esthetics, must reregister with the department and meet the requirements of this section.

History

Authority: AS 08.13.030; AS 08.13.180; AS 08.13.190
Eff. 11/2/81, Register 80; am 2/28/88, Register 105; am 5/20/88, Register 106; am 10/1/93, Register 127; am 7/23/2000, Register 155; am 7/13/2002, Register 163; am 11/27/2002, Register 164; am 10/14/2006, Register 180; am 8/10/2012, Register 203; am 6/8/2016, Register 218; am 4/5/2018, Register 226; am 6/21/2018, Register 226; am 3/30/2019, Register 229

12 AAC 09.185 Trainees in body piercing, tattooing, or permanent cosmetic coloring

(a) A currently licensed practitioner of body piercing, tattooing, or permanent cosmetic coloring who has held a practitioner's license in this state for at least one year before the training begins may provide training to no more than two trainees simultaneously in a shop licensed by the board under 12 AAC 09.110. A licensed practitioner of

(1) body piercing may provide training in body piercing;

(2) tattooing may provide training in tattooing;

(3) permanent cosmetic coloring may provide training in permanent cosmetic coloring.

(b) The trainer must

(1) provide a time clock in the shop for the recording of the trainee's attendance;

(2) maintain daily records of the trainee's hours of attendance;

(3) maintain all records in an orderly manner and make records available for inspection by a member of the board during the hours the shop is open.

(d) A trainee may not perform work in a shop unless the trainer responsible for the trainee's training is on the premises.

(e) A trainer must submit a report on each trainee under the trainer's supervision, on a form provided by the department, no later than the 15th day after the calendar quarter. The report must include

(1) for tattooing, the exact number of hours of theoretical instruction and exact number and type of practical operations completed by the trainee during the previous quarter;

(2) for permanent cosmetic coloring, the exact number of hours of theoretical instruction and exact number and type of practical operations completed by the trainee during the previous quarter;

(3) for body piercing, the exact number of hours of theoretical instruction and the exact number and type of practical operations completed by the trainee during the previous quarter.

(f) The quarterly report must maintain continuity from month-to-month from the date the training begins to the date of termination or completion of the course of training regardless of attendance by the trainee.

(g) The trainer must submit a certificate of student training form for tattooing, permanent cosmetic coloring, or body piercing within 20 days of termination of the training, documenting the theoretical and practical operations completed by the trainee during the incomplete training period.

(h) Upon completion of a course of training under this section, the trainee is eligible to take the appropriate examination in the license categories of tattooing, permanent cosmetic coloring, or body piercing. The trainer shall submit a certificate of student training form not later than five days after the completion of training, documenting the theory hours and practical operations.

(i) A trainee whose training has been interrupted for a continuous period of two years or more will not be allowed credit for the hours of training received before the date the training was interrupted.

(j) A trainee may have no more than three trainers at a time. Each trainer must submit a statement of responsibility for the trainee. Approved trainers will be listed and reflected on the trainee's permit. Any of the approved trainers may submit completion or termination certificates, documenting the theoretical and practical operations completed by the trainee during the incomplete training period in accordance with (g) and (h) of this section.

(k) A trainee permit is portable to shops licensed by the board under 12 AAC 09.110. The requirements of this section must be met at all times.

History

Authority: AS 08.13.030; AS 08.13.082
Eff. 11/16/2004, Register 172; am 12/24/2006, Register 180; am 4/21/2010, Register 194; am 9/24/2014, Register 211; am 4/5/2018, Register 226; am 3/30/2019, Register 229; am 11/23/2023, Register 248

12 AAC 09.186 Trainees in hair braiding

(a) A currently licensed hairdresser, instructor in hairdressing, or hair braider in a shop that is licensed by the board under 12 AAC 09.110 may provide instruction in hair braiding in accordance with 12 AAC 09.164.

(b) The trainer under (a) of this section must have held a license in this state for at least one year before the training begins.

History

Authority: AS 08.13.030; AS 08.13.082
Eff. 3/30/2019, Register 229

12 AAC 09.190 Apprentices of barbering, non-chemical barbering, hairdressing, and esthetics

(a) A currently licensed barber, non-chemical barber, hairdresser, or esthetician instructor in a shop that is licensed by the board under 12 AAC 09.110 may sponsor an apprentice in the instruction of barbering, non-chemical barbering, hairdressing, or esthetics if

(1) the instructor submits a completed application on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) a curriculum to the board and must provide for

(i) verification that the shop where the training will be provided meets the requirements of 12 AAC 09.155 if the apprenticeship training is for barbering or hairdressing, 12 AAC 09.155 except for items listed under 12 AAC 09.155(c)(16) - (18) if the apprenticeship training is for non-chemical barbering, and 12 AAC 09.162 if the apprenticeship training is for esthetics;

(ii) instruction of the minimum hours of theoretical and practical training specified in 12 AAC 09.160 if the apprenticeship training is for barbering or hairdressing, 12 AAC 09.161 if the apprenticeship training is for non-chemical barbering, or 12 AAC 09.163 if the apprenticeship training is for esthetics, and the proficiency examination described in 12 AAC 09.050;

(iii) a period of apprenticeship that meets the requirements of AS 08.13.082; and

(iv) the issuance of an affidavit of completion to each apprentice successfully completing the apprenticeship; and

(2) the apprentice holds a student permit issued under 12 AAC 09.180(a).

(b) An instructor may sponsor no more than two apprentices. The instructor must ensure that each apprentice sponsored by that instructor has that apprentice's own work station in the shop where the training will be provided.

(d) An instructor must provide training and instruction to the same extent required of a school of barbering, hairdressing, or esthetics.

(e) An instructor must provide a time clock in the shop for the recording of the apprentice's attendance. An instructor must maintain daily records of an apprentice's number of hours of instructional coursework and number of practical operations.

(f) An instructor may not credit an apprentice for more than 10 hours of training in any one day.

(g) All records required to be maintained by an instructor under this section must be maintained in an orderly, alphabetical, or numerical filing system and must be made available for inspection by any member of the board upon reasonable notice.

(h) An apprentice may not perform work in a shop unless the licensed barber, non-chemical barber, hairdresser, or esthetician instructor responsible for the apprentice's training is on the premises.

(i) Not later than the 15th day after the calendar quarter, on a form provided by the department, an instructor shall submit a report on each apprentice enrolled. The quarterly report must

(1) include the exact number of hours of theoretical and practical training completed by the apprentice during the previous quarter;

(2) include the exact number and type of operations completed by the apprentice during the previous quarter; and

(3) maintain continuity from month-to-month, from the date of enrollment to the date of termination or completion of the course of instruction regardless of attendance by the apprentice.

(j) Not later than 20 working days after termination of instruction of an apprentice, the instructor shall notify the department, on a form provided by the department, of the termination. The termination report must include the date of the apprentice's enrollment, the date of termination, the total number and types of operations performed by the apprentice, and the total number of hours and types of training received by the apprentice. The termination report is subject to audit and may be utilized to establish credit hours for transfer and reenrollment under 12 AAC 09.135.

(k) Not later than five working days after completion by an apprentice of a course of training, the instructor in a shop shall submit to the board an affidavit showing the total number of operations, the total number of hours of training and theoretical instruction completed by the apprentice, the date of completion of the training, and verification of passing the proficiency examination as required by 12 AAC 09.050. This affidavit will serve as certification by the instructor that the apprentice meets eligibility requirements necessary for examination for licensure.

(l) Repealed 11/23/2023.

(m) An apprentice who interrupts the apprentice's training for a continuous period of two years will not be allowed credit for apprenticeship instruction and training received before the interruption.

(n) The board will not give credit for apprenticeship work completed before the apprentice has a valid student permit.

(o) For an apprentice who has completed an apprenticeship and has passed the licensing examination, the student permit expires 30 days after the student is notified in writing of passage of the examination. After passing the examination, an apprentice may, under the supervision of a licensed instructor, continue to practice under the student permit until the student permit expires under this subsection or a valid practitioner license is issued, whichever occurs first.

History

Authority: AS 08.13.030; AS 08.13.082
Eff. 10/21/82, Register 84; am 8/12/87, Register 103; am 2/28/88, Register 105; am 5/20/88, Register 106; am 10/1/93, Register 127; am 4/23/98, Register 146; am 7/23/2000, Register 155; am 7/13/2002, Register 163; am 11/16/2004, Register 172; am 10/14/2006, Register 180; am 12/24/2006, Register 180; am 8/10/2012, Register 203; am 6/8/2016, Register 218; am 4/5/2018, Register 226; am 6/21/2018, Register 226; am 3/30/2019, Register 229; am 12/6/2020, Register 236; am 11/23/2023, Register 248

Article 7 General Provisions

12 AAC 09.900 Examiners

Repealed.

History

Eff. 11/2/81, Register 80; am 5/20/88, Register 106; am 7/23/2000, Register 155; repealed 12/6/2020, Register 236

12 AAC 09.905 Location of shops in private residence

(a) No shop may be opened and maintained in a private residence unless the shop is located in a separate room apart from living quarters.

(b) Application for a shop license must be made according to the provisions of 12 AAC 09.110(a) and is subject to the provisions of 12 AAC 09.110(b) and (c).

History

Authority: AS 08.13.030(c)AS 08.13.120; AS 08.13.210
Eff. 11/2/81, Register 80

12 AAC 09.910 Duties of instructors and student-instructors

(a) An instructor or student-instructor may not, in connection with duties instructing at a licensed school, practice barbering, hairdressing, manicuring, or esthetics on members of the public, except if the work pertains directly to the instruction of students.

(b) A student-instructor may not be permitted to instruct without a licensed instructor on the school premises.

History

Authority: AS 08.13.030; AS 08.13.070
Eff. 11/2/81, Register 80; am 7/23/2000, Register 155

12 AAC 09.920 Practice outside a licensed shop or school

(a) A licensee who provides services outside of a licensed shop or school for a purpose listed in AS 08.13.160(e)(1) - (e)(4) shall display his or her current license at the location where the services are provided.

(b) Barbering, hairdressing, manicuring, or esthetics services that are provided at charitable events under AS 08.13.160(e) are limited to those for which adequate health and sanitary conditions can be provided.

(c) A licensee who participates in a workshop or demonstration of techniques or products outside a licensed shop or school may not teach barbering, hairdressing, manicuring, or esthetics to persons who are not licensed or do not hold a permit in this state or another jurisdiction.

History

Authority: AS 08.13.030; AS 08.13.082; AS 08.13.160
Eff. 2/28/88, Register 105; am 10/1/93, Register 127; am 7/23/2000, Register 155; am 7/13/2002, Register 163

12 AAC 09.930 Reinstatement of a lapsed license

(a) A license issued under AS 08.13 and this chapter that has not been lapsed for more than three years will be reinstated if the applicant

(1) submits a completed application; and

(2) pays the applicable fees required under AS 08.13.140 and 12 AAC 02.140.

(b) The board will reinstate a license issued under AS 08.13 and this chapter that has been lapsed for more than three years if the applicant

(1) submits a completed application and supporting documents to show that the applicant was previously licensed in this state;

(2) pays the applicable fees required under AS 08.13.140 and 12 AAC 02.140; and

(3) successfully passes the written examination for the license sought.

(c) In addition to the requirements of (a) and (b) of this section, an applicant for reinstatement of a license to practice body piercing, tattooing, or permanent cosmetic coloring must submit verification that the applicant has successfully completed training equivalent to that required for completion of courses certified by the American Red Cross, the American Heart Association, or a similar organization approved by the board, and has been issued a current card, in

(1) cardiopulmonary resuscitation (CPR); and

(2) blood borne pathogens.

History

Authority: AS 08.13.030; AS 08.13.140
Eff. 2/28/88, Register 105; em am 5/20/88 - 9/16/88, Register 106; am 5/10/96, Register 138; am 7/23/2000, Register 155; am 11/27/2002, Register 164; am 3/30/2019, Register 229; am 12/6/2020, Register 236

12 AAC 09.940 Education information and aftercare instructions for body piercing and tattooing and permanent cosmetic coloring; notification requirements

(a) The Educational Information and Aftercare Instructions for Tattoos, including eyebrows section of the Educational Information and Aftercare Instructions (March 2003), prepared by the board, are adopted by reference as the minimum standards of aftercare instruction and educational information to be given to a client by a licensed practitioner of tattooing.

(b) The Educational Information and Aftercare Instructions for Permanent Cosmetic Coloring Section of the Educational Information and Aftercare Instructions (March 2003), prepared by the board, are adopted by reference as the minimum standards of aftercare instruction and educational information to be given to a client by a licensed practitioner of permanent cosmetic coloring.

(c) The Educational Information and Aftercare Instructions for Body Piercing Section of the Educational Information and Aftercare Instructions (March 2003), prepared by the board, are adopted by reference as the minimum standards of aftercare instruction and educational information to be given to a client by a licensed practitioner of bodypiercing.

(d) The Information Regarding Potential Health Risks and Other Information Section of the Educational Information and Aftercare Instructions (March 2003), prepared by the board, is adopted by reference as the statement provided by the board under AS 08.13.030(b) that the owner of a shop for tattooing, permanent cosmetic coloring, or body piercing shall prominently display in the shop as required under AS 08.13.215(c)(1).

History

Authority: AS 08.13.030; AS 08.13.215
Eff. 4/9/2004, Register 170; am 3/30/2019, Register 229

12 AAC 09.950 Temporary display of posting confirming current license or permit

To meet the requirements of AS 08.13.130, until a person's original current license or permit is received by that person, the person shall display a copy of the department's Internet website posting confirming the person's current license or permit in a conspicuous location as required for the original license or permit under AS 08.13.130.

History

Authority: AS 08.13.030; AS 08.13.130
Eff. 1/17/2008, Register 185

12 AAC 09.990 Definitions

(a) In this chapter,

(1) "board" means the Board of Barbers and Hairdressers;

(2) repealed 7/23/2000;

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

(4) "jurisdiction" means a licensing board or administrative agency of another state, territory, or country responsible for issuing licenses and maintaining licensing records for barbers, hairdressers, manicurists, or estheticians;

(5) "theoretical instruction" means instruction by lecture, classroom participation, or examination;

(6) "practical instruction," "practical operation," or "practical training" means the demonstration of or the actual performance of barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring by a student, apprentice, or practitioner;

(7) "manicurist" includes an individual licensed in any jurisdiction as a nail technician;

(8) "client release form" means a client's written consent, on a form provided by a practitioner, for the practitioner to perform the requested body piercing, tattooing, or permanent cosmetic coloring procedure;

(9) "college or university" means the University of Alaska or a college or university accredited by a national or regional educational accrediting organization.

(10) "working day" means a day other than Saturday, Sunday, or a state holiday.

(11) "passing a proficiency examination" means demonstrating to the satisfaction of the examiner that the student or apprentice has achieved a high degree of competency in the subject matter and is able to perform the appropriate practical operations without intervention by the examiner.

(b) For the purposes of AS 08.13.220(5),

(1) "appliances" in the field of esthetics means only those devices used to stimulate natural physiological processes intended to improve the health and appearance of a person's skin; a device

(A) operates within the manufacturer's guidelines;

(B) does not directly ablate or destroy live tissue;

(D) is not defined as a Class III or Class IV laser device under 21 C.F.R. 1040.10, revised as of April 2, 2018, and adopted by reference;

(2) "for a fee" does not include remuneration received by a person employed or working under contract to provide make up services for a television, film, or stage production.

History

Authority: AS 08.13.030; AS 08.13.220
Eff. 11/2/81, Register 80; am 10/21/82, Register 84; am 2/28/88, Register 105; am 7/23/2000, Register 155; am 11/27/2002, Register 164; am 12/6/2002, Register 164; am 7/12/2007, Register 183; am 4/21/2010, Register 194; am 6/8/2016, Register 218; am 6/21/2018, Register 226; am 3/30/2019, Register 229; am 12/6/2020, Register 236; am 6/5/2025, Register 254

Chapter 12 Business Licensing

Article 1 Application Requirements and Licensing

12 AAC 12.010 Business license fees

(a) The fee for a business license, for all or part of the initial

(1) annual license period, is $50 if a person seeks an annual license, except that the fee is $25 if the person seeks an annual license for which the fee is reduced under AS 43.70.030(a)(1) or (2); or

(2) biennial license period, is $100 if a person seeks a biennial license, except that the fee is $50 if the person seeks a biennial license for which the fee is reduced under AS 43.70.030(a)(1) or (2).

(b) The business license renewal fee is $50 if a person seeks to renew for the next annual license period, or $100 if a person seeks to renew for the next biennial license period, except that the business license renewal fee is $25 if the person seeks to renew, for the next annual license period, a license for which the fee is reduced under AS 43.70.030(a)(1) or (2), or $50 if the person seeks to renew, for the next biennial license period, a license for which the fee is reduced under AS 43.70.030(a)(1) or (2). Notwithstanding 12 AAC 02.020 and 12 AAC 02.030, the department will not prorate the first license renewal fee for a business license following initial licensure.

(d) The fee under AS 43.70.075 for a business license endorsement or for renewal of an endorsement is $100 for each location or outlet in a location where the person offers tobacco products for sale, electronic smoking products, or products containing nicotine for sale, regardless of whether the business license to which each endorsement is attached is annual or biennial.

(e) A business license that has been issued under this section is non-refundable in accordance with 12 AAC 02.015.

History

Authority: AS 08.01.010; AS 43.70.020; AS 43.70.090 AS 08.01.065; AS 43.70.030 AS 08.01.100; AS 43.70.075
Eff. 3/11/89, Register 109; am 11/4/98, Register 148; am 6/27/2004, Register 170; am 12/13/2009, Register 192; am 3/26/2015, Register 213; am 1/1/2019, Register 228

12 AAC 12.020 Business license

(a) A business license is required for each business name under which the applicant seeks to engage in business in the state.

(b) An independent contractor must have a business license separate from the person to whom the contractor provides goods or services.

(c) A business that receives revenue for the performance of contracts with the state, its political subdivisions, or the federal government is not exempt from the business licensing requirements of AS 43.70 and this chapter.

(d) Upon proper application, as described in 12 AAC 12.030, the department will issue a business license to a business that is exempt from business licensing requirements under AS 43.70.105.

(e) Repealed 1/1/2019.

(f) Repealed 1/1/2019.

(g) In advertising and operating, a business license holder must use the business name that appears on the business license.

(h) Repealed 3/26/2015.

(i) The business license or a photocopy of the business license must be displayed in a conspicuous location at each business establishment.

History

Authority: AS 43.70.020; AS 43.70.105 AS 43.70.090; AS 43.70.110
Eff. 11/4/98, Register 148; am 3/26/2015, Register 213; am 1/1/2019, Register 228

12 AAC 12.025 Telemedicine business registration

(a) A business that performs telemedicine services shall register with the telemedicine business registry before providing telemedicine services to a recipient located in this state. The business shall register with the business name the business will use to perform telemedicine services in this state.

(b) A business that operates under multiple business names to perform telemedicine services must file a separate registration for each business name before that business provides telemedicine services to a recipient located in this state.

(c) One telemedicine registration for each business name is sufficient to cover all health care services the business provides.

History

Authority: AS 44.33.020; AS 44.33.381
Eff. 3/6/2026, Register 257

12 AAC 12.030 Application for business license

An applicant for a business license shall submit the business license fee specified in 12 AAC 12.010 and a completed application on a form provided by the department. To be complete, a business license application must include

(1) the business name;

(2) each primary and each secondary line of business to be conducted; any line of business subject to licensing provisions of a regulatory nature under AS 43.70.020(d) shall be Iisted as a primary or secondary line of business under AS 43.70.020(a)(2);

(3) the names of the persons engaging in the business;

(4) the mailing address and physical address of the principal place of business;

(5) information regarding other licenses or permits, if applicable;

(6) a statement as to whether the business will sell tobacco products, electronic smoking products, or products containing nicotine as a retailer and the physical address of each outlet or location where tobacco products, electronic smoking products, or products containing nicotine will be sold;

(7) the name, title, and signature or electronic signature of the natural person completing the application as an authorized representative of the business;

(8) specification whether the applicant seeks an annual initial license, a biennial initial license, renewal for an annual license period, or renewal for a biennial license period; and

(9) the applicant's date of birth, if the applicant is a sole proprietor who seeks a business license or renewal for which the fee is reduced under AS 43.70.030(a)(1), or a copy of documentation from the United States Department of Veterans Affairs that the applicant is a veteran with a service-connected disability, if the applicant is a sole proprietor who seeks a business license or renewal for which the fee is reduced under AS 43.70.030(a)(2).

History

Authority: AS 08.01.050; AS 43.70.020; AS 43.70.090 AS 08.01.060; AS 43.70.030 AS 08.01.080; AS 43.70.075
Eff. 11/4/98, Register 148; am 6/27/2004, Register 170; am 3/26/2015, Register 213; am 1/1/2019, Register 228; am 3/6/2026, Register 257

12 AAC 12.035 Application, renewal, and termination of a telemedicine business registration

(a) To be registered on the telemedicine business registry, a business that performs telemedicine services shall pay the applicable fee as established in AS 44.33.381 and

(1) apply for registration as part of the initial application for a new business license under 12 AAC 12.030 or the application for renewal of a business license under 12 AAC 12.040, and complete the telemedicine business registration section of the application; or

(2) submit a telemedicine business registration form to the department, if the applicant is the holder of an existing business license not previously registered to provide telemedicine services.

(b) A telemedicine business registration is subject to renewal every two years, together with the corresponding business license, and expires on the same expiration date. To renew a telemedicine business registration, the business shall

(1) submit a business license renewal application in accordance with 12 AAC 12.040;

(2) elect to maintain the telemedicine business registration; and

(3) pay the applicable fee as established in AS 44.33.381.

(c) If a business terminates the performance of telemedicine services, the business shall notify the department and request that the department remove the business from the telemedicine business registry.

History

Authority: AS 44.33.020; AS 44.33.381
Eff. 3/6/2026, Register 257

12 AAC 12.040 Term of business license; license renewal

(a) A person may seek an annual or a biennial business license. A new business license will be assigned a renewal year by the department at the time the initial license is issued. Except as provided in (b) of this section, the initial

(1) annual license period includes the reminder of the calendar year in which the business license is issued; or

(2) biennial license period includes the remainder of the calendar year in which the business license is issued and all of the following calendar year.

(b) If the department issues an initial business license on or after October 1, the

(1) annual license period includes the remainder of the calendar year in which the business license is issued and all of the following calendar year; or

(2) biennial license period includes the remainder of the calendar year in which the business license is issued and all of the following two calendar years.

(c) The department will renew a business license that has been expired for two years or less if the applicant for renewal of the business license pays the business license renewal fee specified in 12 AAC 12.010(b) in a manner specified by the department on the renewal application.

(d) The department will not renew a business license that has been expired for more than two years. The previous holder of a business license that has been expired for more than two years may apply for a new business license under this chapter.

(e) The department will renew a telemedicine business registration as part of a business license renewal application submitted by a business that continues to provide telemedicine services.

History

Authority: AS 08.01.050; AS 08.01.100; AS 44.33.020 AS 08.01.080; AS 43.70.090; AS 44.33.381
Eff. 11/4/98, Register 148; am 6/27/2004, Register 170; am 3/6/2026, Register 257

12 AAC 12.050 Changes in business license

(a) A new business license under 12 AAC 12.030 is required if

(1) the name of the business changes, unless the change is limited to the addition or removal of a

(A) professional title of a business owner used in the name of the business; or

(B) word describing the legal form of organization of the business and the ownership of the business has not changed; or

(2) the ownership of the business changes.

(b) If a business license holder submits updated information on a form provided by the department, with the name, title, and signature or electronic signature of the natural person providing the information as an authorized representative of the business, the department will update a business license to show a change in

(1) the business license holder's legal name; or

(2) the business name as described in (a)(1)(A) or (B) of this section.

(d) A business license holder may request a new business license under AS 43.70.030(e)(2) within 30 days after issuance of the initial business license if when preparing the license application the holder

(1) in error placed information in the wrong place on the application; or

(2) made an error in entering information; in this subparagraph, "error"

(A) means a typographical or similar non-substantive mistake;

(B) includes a spelling error or an error in identifying a primary or secondary line of business.

(e) At any time during the life of a business license, the department will update the mailing or physical address at no charge upon the license holder's request.

History

Authority: AS 08.01.080; AS 43.70.030 AS 43.70.020; AS 43.70.090
Eff. 11/4/98, Register 148; am 3/26/2015, Register 213; am 3/6/2026, Register 257

Article 2 Business License Endorsement for Sale of Tobacco Products, Electronic Smoking Products, and Products Containing Nicotine: Administrative Hearing and Review Procedures

12 AAC 12.800 Applicability

The provisions of 12 AAC 12.800 - 12 AAC 12.855 apply to an administrative hearing regarding a department action under AS 43.70.075, including a notice of suspension and a refusal by the department to issue a business license endorsement

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.805 Request for hearing

(a) To obtain administrative review of a department action under AS 43.70.075, an aggrieved person must file with the department, in accordance with this section and 12 AAC 12.855, a request for an administrative hearing. The request must be filed within 20 days after the notice of department action is issued.

(b) A request for an administrative hearing must

(1) be in writing;

(2) be signed by the aggrieved person or the aggrieved person's attorney;

(3) be correctly addressed;

(4) set out the jurisdictional heading and case caption; the case caption must state the aggrieved person's own name; in addition, if the aggrieved person does business under another name, the case caption must state that name under a "d/b/a" designation;

(5) set out the case reference number used by the department;

(6) set out, underneath the case reference number and centered, the title of the request;

(7) specify the basis upon which the department action is being challenged;

(8) specify the relief sought;

(9) set out, at the end of the request, the

(A) signature of the aggrieved person or the aggrieved person's attorney; and

(B) date that the request was signed;

(10) include the aggrieved person's mailing address and daytime telephone number; the aggrieved person may include an electronic mail address and a telephone number for facsimile transmissions; and

(11) include a request for any special procedures to be used at the hearing, including the use of a translator.

(c) The aggrieved person is responsible for notifying the department in writing of any change in the aggrieved person's mailing address, daytime telephone number, electronic mail address, or telephone number for facsimile transmissions. For purposes of any requirement in 12 AAC 12.800 - 12 AAC 12.855 to provide the aggrieved person with a copy of filed or decisional documents, and for purposes of any other attempt to contact the aggrieved person, the department and the hearing officer may consider current any information that the aggrieved person most recently provided with respect to the aggrieved person's mailing address, daytime telephone number, electronic mail address, or telephone number for facsimile transmissions.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170; am 9/29/2005, Register 175

12 AAC 12.810 Notice of appearance by attorney for aggrieved person

An attorney representing an aggrieved person must file with the hearing officer a notice of appearance that provides the attorney's mailing address, the attorney's telephone number, and any telephone number for the attorney to receive facsimile transmissions.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.815 Time and place of hearing

(a) Unless the aggrieved person and the department stipulate, with the hearing officer's approval, to the time and place of the hearing and to pre-hearing deadlines, the hearing officer shall conduct a telephonic pre-hearing conference to

(1) schedule the time and place of the hearing; and

(2) determine pre-hearing deadlines for the close of discovery, the exchange of witness and exhibit lists, the filing of motions, and the filing of optional hearing memoranda.

(b) The hearing shall be held in Anchorage, Fairbanks, or Juneau, whichever location is closest to the aggrieved person, unless the aggrieved person and the department stipulate, with the hearing officer's approval, to a different location for the hearing.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.820 Discovery

The aggrieved person and the department may obtain discovery of unprivileged documentary evidence relevant to the issues identified in AS 43.70.075(m)(1), (2), and (3). Discovery requests and responses are not required to be filed with the hearing officer. Upon a motion with good cause shown, the hearing officer may compel discovery or issue protective orders concerning discovery.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.825 Continuances

To seek a continuance in an administrative hearing, the aggrieved person or the department must file a motion that sets out the grounds for the request. The administrative hearing may only be continued for good cause shown.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.830 Motions

(a) To make a motion or submit a memorandum, the aggrieved person or the department must file the motion or memorandum in writing with the hearing officer and provide a copy to the opposing party. The filing of a motion or memorandum with the hearing officer is subject to the requirements of 12 AAC 12.855, as applicable. The filing must include signed proof that a copy was provided to the opposing party, identifying the motion or memorandum provided, and setting out the date and the method by which the copy was provided. A copy to the opposing party may be provided by personal delivery, first class mail, or facsimile transmission, A copy provided by electronic mail shall not be considered to have been provided in accordance with this subsection.

(b) A written motion is subject to opposition and reply memoranda,

(1) except as otherwise set out in 12 AAC 12.800 - 12 AAC 12.855;

(2) unless the aggrieved person and the department, with the hearing officer's approval, stipulate otherwise; or

(3) unless the commissioner or hearing officer order otherwise.

(c) Unless the commissioner or hearing officer orders a different schedule for the filing of memoranda, and except as provided in (d) of this section,

(1) an opposition memorandum may be filed with the hearing officer no later than 10 days after the date the motion was provided to the opposing party; and

(2) a reply memorandum may be filed with the hearing officer no later than three business days after the date the opposition memorandum was provided to the opposing party.

(d) If a motion or memorandum is provided to the opposing party by first class mail, three days shall be added to the time for filing an opposition or reply memorandum.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.835 Hearing

(a) For purposes of the preponderance of the evidence test required under AS 43.70.075(m), the department bears the burden of proof.

(b) Unless the aggrieved person and the department agree otherwise, the department will present its case first. The aggrieved person and the department each may make an opening statement and a closing argument. A closing argument may be oral or written, and with the hearing officer's approval, may be filed or take place after the final day of testimony. Each witness shall testify under oath and with an opportunity for cross-examination. An aggrieved person who is not represented by counsel may testify in a narrative form, under oath and subject to cross-examination. Upon request by the aggrieved person or the department, and with the hearing officer's approval, a witness, the aggrieved person, or the department may testify or otherwise participate in the hearing process telephonically. Any long distance charge for telephonic testimony or participation must be incurred by the party who made the request.

(c) A hearing held under this section shall be recorded and may be transcribed at the request and expense of the party requesting the transcript.

(d) After the record for the hearing is closed, the hearing officer shall issue. a written proposed decision with findings of fact and conclusions of law.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.840 Evidence

(a) Oral evidence may be taken only on oath or affirmation.

(b) The aggrieved person and the department may each

(1) call and examine witnesses;

(2) introduce exhibits, with the department using numbers and the aggrieved person using letters to identify exhibits;

(3) cross-examine opposing witnesses on matters relevant to the issues, even if an issue was not covered in the direct examination;

(4) impeach a witness regardless of which party first called the witness to testify;

(5) rebut any adverse evidence; and

(6) introduce evidence to rebut or support the presumption set out in AS 43.70.075(r).

(c) If the aggrieved person does not choose to testify on direct examination, the aggrieved person may be called and examined as if under cross-examination.

(d) The administrative hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege are effective to the same extent that they are recognized in a civil action. Irrelevant and unduly repetitious evidence shall be excluded.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.845 Final decision and reconsideration

(a) For purposes of appeal to the superior court, the commissioner's decision under AS 43.70.075(n) is a final administrative order and decision on the last day when reconsideration of that decision can be ordered. The decision becomes effective 30 days after it is issued under 12 AAC 12.855(c), unless

(1) a different effective date is stated in the decision; or

(2) the aggrieved person and the department, with the approval of the commissioner, agree to a different effective date; the commissioner may delegate to the hearing officer a decision to approve a different effective date.

(b) Within no more than 20 days after the commissioner's decision is issued under 12 AAC 12.855(c), the aggrieved person or the department may file, in accordance with 12 AAC 12.830 and 12 AAC 12.855, a motion for reconsideration of the decision The motion must set out the grounds upon which the aggrieved person or the department believes the decision to be erroneous, unlawful, or defective.

(c) Within 30 days after the commissioner's decision is issued under 12 AAC 12.855(c), the commissioner may order reconsideration on the commissioner's own motion or upon the filing of a motion in accordance with (b) of this section. Upon reconsideration, the commissioner may affirm the decision, issue a new or modified decision, or remand the matter to the hearing officer for additional proceedings. If the commissioner does not act on a motion for reconsideration within the 30-day period, the motion for reconsideration is denied.

(d) The commissioner may grant, upon a motion by the aggrieved person or the department, a stay for a particular purpose at any time before the decision becomes effective or before any appeal is filed with the superior court. A motion for a stay must set out the reasons that a stay is sought. The commissioner will grant a stay only for good cause shown.

(e) Any filing after issuance of the hearing officer's proposed decision shall be made with the hearing officer. The hearing officer shall forward those filings to the commissioner.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.850 Contacts with commissioner and hearing officer

An aggrieved person, the department, or a person acting on behalf of the aggrieved person or department may contact the commissioner or hearing officer concerning a matter that is the subject of a pending or in-progress administrative hearing only through the procedures set out in 12 AAC 12.800 - 12 AAC 12.855. The commissioner will not, and hearing officer may not, make a communication without both parties present concerning a matter that is the subject of a pending or in-progress administrative hearing to which the aggrieved person and the department are a party.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170

12 AAC 12.855 Time periods and methods for filing

(a) If a document must be filed on or before a specified date under a provision of 12 AAC 12.800 - 12 AAC 12.855, the document may be filed by personal delivery, certified mail, or facsimile transmission. If the document is filed by

(1) mail, the date of filing is the date when the department receives the document; or

(2) personal delivery or facsimile transmission, the document will not be considered timely filed unless the department receives the document before the time the department closes for regular business on the specified date.

(b) If a date on or before which a document must be filed under 12 AAC 12.800 - 12 AAC 12.855 is a Saturday, Sunday, or state holiday, the document must be filed on or before the next regular business day.

(c) For purposes of calculating a time period under AS 43.70.075 and 12 AAC 12.800 - 12 AAC 12.855, the date when a notice of a department action is issued to an aggrieved person is the date that the department personally delivers the notice, sends it by certified mail, or transmits it by facsimile transmission, whichever occurs first. An aggrieved person represented by an attorney will be presumed to have been issued the decision if the decision is issued to the attorney by one of the means in this subsection.

(d) A document may not be filed by electronic mail or by any other electronic means except facsimile transmission.

History

Authority: AS 43.70.075; AS 43.70.090
Eff. 6/27/2004, Register 170; am 9/29/2005, Register 175; am 1/1/2019, Register 228

Article 3 General Provisions

12 AAC 12.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "aggrieved person" means a person against whom the department takes action under AS 43.70.075;

(2) "business day" means a day other than Saturday, Sunday, or a state holiday;

(3) "commissioner" means the commissioner of commerce, community, and economic development;

(4) "department" means the Department of Commerce, Community, and Economic Development;

(5) "independent contractor" means a person who provides goods or services for compensation but does not have the status of an employee while providing those goods or services;

(6) "line of business" has the meaning given in AS 43.70.110;

(7) "motion" means any written request of the commissioner or hearing officer seeking a ruling on an issue in a case;

(8) "telephonically" means by telephone or video teleconferencing, as available;

(9) "cigarette" has the meaning given in AS 43.50.170;

(10) "endorsement" means authorization on the business license issued in accordance with AS 43.70.020 and 43.70.075, to sell tobacco products, electronic smoking products, or products containing nicotine;

(11) "tobacco product" has the meaning given in AS 43.50.390;

(12) "business name" means

(A) a doing business as (d/b/a) name;

(B) a trade name;

(D) any other name under which a person or an entity conducts business;

(13) "telemedicine services" has the meaning given in AS 44.33.381.

History

Authority: AS 08.01.080; AS 43.70.105; AS 44.33.381 AS 43.70.075; AS 43.70.110 AS 43.70.090; AS 44.33.020
Eff. 11/4/98, Register 148; am 6/27/2004, Register 170; am 3/26/2015, Register 213; am 1/1/2019, Register 228; am 3/6/2026, Register 257

Chapter 14 Board of Certified Direct-Entry Midwives

Article 1 Certification Requirements

12 AAC 14.100 Transitional certification

Repealed.

History

Eff. 2/18/94, Register 129; repealed 1/1/2000, Register 152

12 AAC 14.110 Certification by examination

(a) The board will issue a certificate as a direct-entry midwife to an applicant who meets the requirements of AS 08.65.050 and this section, and passes the examination required in 12 AAC 14.110.

(b) An applicant for certification shall

(1) submit documentation that the applicant is at least 18 years of age;

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

(3) pay the fees established in 12 AAC 14.110;

(4) submit verification of a high school education or its equivalent;

(5) submit copies verifying a current

(A) certification in the Basic Life Support for Health Care Providers Program (BLS);

(B) certified professional midwife certification in good standing from the North American Registry of Midwives (NARM); and

(C) certification in neonatal resuscitation from the Neonatal Resuscitation Program (NRP) from the American Academy of Pediatrics;

(6) submit an affidavit signed by the applicant that verifies compliance with AS 08.65.050(3); and

(7) submit written evidence of satisfactory completion of the course of study requirements in 12 AAC 14.200 and supervised clinical experience requirements in 12 AAC 14.210; the combined length of study and experience must be at least one year.

(c) In order to be scheduled for review by the board at its next regularly scheduled meeting, a complete application for certification and all supporting documents, including the requirements of (b) of this section, must be received by the division's Juneau office before the board will review the application.

(d) The board will approve a program as a substitution for a program required under (b)(5) of this section, if the board determines that the substitute program is equivalent to the program required under (b)(5) of this section.

History

Authority: AS 08.65.030; AS 08.65.050
Eff. 5/11/94, Register 130; am 4/4/2002, Register 162; am 3/2/2003, Register 165; am 5/2/2004, Register 170; am 8/19/2004, Register 171; am 4/29/2006, Register 178; am 6/29/2013, Register 206; am 2/11/2017, Register 221; am 2/22/2023, Register 245

12 AAC 14.120 Certification by credentials

(a) The board may issue a certificate by credentials to practice as a direct-entry midwife to an applicant who meets the requirements of AS 08.65.070 and this section.

(b) An applicant for a certification by credentials under this section must submit

(1) a complete and notarized application on a form provided by the department;

(2) the applicable fees established in 12 AAC 14.120.

(3) an authorization from the applicant for release of the applicant's records to the department, on a form provided by the department;

(4) copies verifying a current

(A) certification in the Basic Life Support for Health Care Providers Program (BLS);

(B) certified professional midwife certification in good standing from the North American Registry of Midwives (NARM); and

(C) certification in neonatal resuscitation from the Neonatal Resuscitation Program (NRP) from the American Academy of Pediatrics;

(5) verification of the applicant's licensure status sent directly to the department from each jurisdiction where the applicant holds or has ever held a license to practice midwifery; at least one verification must indicate a current license in good standing; the verifications must document that the applicant is not the subject of any unresolved complaints or any unresolved disciplinary actions and has never had a license to practice midwifery revoked;

(6) an affidavit signed by the applicant or by a state licensing agency verifying that the applicant completed a course of study and supervised clinical experience of at least one year's duration as required under AS 08.65.050;

(7) verification of passing the North American Registry of Midwives Examination (NARM) sent directly to the department from NARM;

(8) documentation of fulfillment of the continuing competency requirements in 12 AAC 14.420 - 12 AAC 14.430 during the two years immediately preceding the date of application;

(9) an affidavit from the applicant on a form provided by the department documenting that the applicant was the primary or assisting midwife for at least 10 births, five of which the applicant was the primary midwife, within the 24 months preceding the date of application; the affidavit must include the information required in 12 AAC 14.210(e)(1) - (8).

History

Authority: AS 08.65.030; AS 08.65.070
Eff. 5/11/94, Register 130; am 4/4/2002, Register 162; am 8/19/2004, Register 171; am 4/29/2006, Register 178; am 2/11/2017, Register 221; am 2/22/2023, Register 245

12 AAC 14.125 Emergency courtesy license

(a) In an urgent situation, the board may issue an emergency courtesy license to practice as a direct-entry midwife to an applicant who has a license in good standing to practice direct-entry midwifery in another jurisdiction with licensing requirements at least equivalent to those of this state, and who meets the requirements of this section. The board may limit the scope of a license issued under this section, as appropriate to respond to the urgent situation.

(b) An applicant for an emergency courtesy license under this section must submit to the department a completed application on a form provided by the department. A complete application includes

(1) the applicable application and licensing fees established in 12 AAC 02.145;

(2) verification of a current license in good standing to practice direct-entry midwifery in another state or other jurisdiction;

(3) certification that the applicant is not the subject of an unresolved complaint or disciplinary action before a regulatory authority in any jurisdiction;

(4) evidence satisfactory to the board that the applicant has not engaged in conduct that is grounds for imposing disciplinary sanctions under AS 08.65.110;

(5) certification that the applicant has completed a course of study and supervised clinical experience of at least one year's duration, and has passed the national examination required of certified direct-entry midwives in this state.

(c) An emergency courtesy license issued under this section is valid for the period specified by the board and may not exceed 120 consecutive days.

(d) While practicing under an emergency courtesy license issued under this section, the holder of the license must comply with the standards of practice set out in AS 08.65 and this chapter and is subject to discipline for actions taken or omitted while practicing under the emergency courtesy license.

(e) The board may refuse to issue an emergency courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.65.110.

(f) In this section, "urgent situation" means a health crisis that requires increased availability of direct-entry midwives.

History

Authority: AS 08.01.062; AS 08.65.030; AS 08.65.050
Eff. 12/3/2020, Register 237

12 AAC 14.130 Review of an apprentice direct-entry midwife permit application

(a) A person may not practice as an apprentice direct-entry midwife in this state unless that person has been issued a permit under this section.

(b) An applicant who meets the requirements on the checklist set out in (c) of this section has demonstrated the necessary qualifications for an apprentice direct-entry midwife permit. An applicant who does not meet the requirements on the checklist or whose application documents do not clearly show that the applicant is qualified to receive an apprentice direct-entry midwife permit will not be issued a permit unless the board further reviews the application and determines that the applicant meets the qualifications in AS 08.65 and this chapter for that permit.

(c) The following checklist is established by the board for review by staff of an application for an apprentice direct-entry midwife permit. An apprentice direct-entry midwife permit will be issued to an applicant who

(1) submits a completed application on a form provided by the department, that includes the applicant's

(A) name, mailing address and telephone number;

(B) date of birth that shows the applicant is at least 18 years of age; and

(2) pays the application fee and the apprentice direct-entry midwife permit fee established in 12 AAC 02.145;

(3) certifies that the applicant has earned a high school diploma or its equivalent and provides the name of the issuing institution and the date the diploma or its equivalent was issued;

(4) submits an affidavit signed by the applicant that verifies compliance with AS 08.65.050(3);

(5) submits verification of acceptance into an apprenticeship program that the board has approved under 12 AAC 14.220; and

(6) submits verification of current certification in the Basic Life Support for Health Care Providers Program (BLS) and neonatal resuscitation from the Neonatal Resuscitation Program (NRP).

(d) As part of the verification of acceptance into an approved apprenticeship program, the applicant must provide written documentation of a relationship with an apprenticeship program preceptor.

(e) An apprentice direct-entry midwife shall submit written notice to the department not later than 30 days after any change to the relationship with the apprenticeship program preceptor.

(f) An apprentice direct-entry midwife permit may be renewed by meeting the requirements of 12 AAC 14.410.

(g) In this section, "apprenticeship program preceptor" means an individual who meets the supervisory requirements of AS 08.65.090(b), holds a license in good standing, and is registered as a preceptor with North American Registry of Midwives (NARM).

History

Authority: AS 08.65.030; AS 08.65.090
Eff. 5/11/94, Register 130; am 12/26/2003, Register 168; am 8/19/2004, Register 171; am 8/19/2009, Register 191; am 9/9/2016, Register 219; am 11/25/2018, Register 228; am 2/22/2023, Register 245; am 12/17/2023, Register 248

12 AAC 14.135 Temporary military courtesy certificate or permit

(a) The board will issue a temporary military courtesy certificate or permit to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a direct-entry midwife or apprentice direct-entry midwife to an applicant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy certificate or permit under this section

(1) must submit an application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is currently licensed, certified, or permitted, and in good standing in another licensing, certifying, or permitting jurisdiction and the applicant's license, certificate, or permit in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements;

(5) must demonstrate that the jurisdiction of current licensure or certification required the education in 12 AAC 14.200 as a condition of licensure or certification;

(6) must demonstrate that the jurisdiction of current licensure or certification required a passing score on the examination in AS 08.65.060, as a condition of licensure or certification; and

(7) may not have been convicted of a crime that affects the applicant's ability to practice as a direct-entry midwife competently and safely, as determined by the board.

(c) A temporary military courtesy certificate or permit issued to an active duty military member or spouse of an active duty military member under this section will be issued for a period of 180 days and may be renewed for one additional 180-day period, at the discretion of the board.

(d) While practicing under a temporary military courtesy certificate or permit issued under this section, the holder of the temporary military courtesy certificate or permit must comply with the standards of practice set out in AS 08.65 and this chapter.

(e) The board may refuse to issue a temporary military courtesy certificate or permit for the same reasons that it may deny, suspend, or revoke a certificate or permit under AS 08.65.110 and 08.65.120.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.65.030
Eff. 1/20/2023, Register 245

12 AAC 14.140 Application made under oath or affirmation; disciplinary sanctions

The applicant must sign the application and swear to or affirm the truth of its contents. False or misleading statements or information on the application, whether or not made knowingly, are grounds for denial of approval to take an examination under AS 08.65 or for disciplinary sanctions under AS 08.65.120.

History

Authority: AS 08.65.030; AS 08.65.110 AS 08.65.050; AS 08.65.120
Eff. 8/19/2009, Register 191

12 AAC 14.150 Scope of practice

Repealed.

History

Eff. 9/9/2016, Register 219; repealed 2/23/2023, Register 245

Article 2 Education and Experience

12 AAC 14.200 Course of study requirements

(a) On or after 2/22/2023, the board will accept any midwifery education program whether online or in person.

(b) An applicant shall document completion of a course of study that meets the requirements of this section by submitting an official transcript, diploma, or certificate of graduation or completion, sent directly to the department from a Midwifery Education Accreditation Council (MEAC)-accredited institution or from a midwifery school or program where the applicant completed the course of study.

History

Authority: AS 08.65.030; AS 08.65.050
Eff. 2/18/94, Register 129; am 12/19/2001, Register 160; am 8/19/2004, Register 171; am 4/29/2006, Register 178; am 8/19/2009, Register 191; am 3/2/2011, Register 197; am 9/9/2016, Register 219; am 9/29/2019, Register 231; am 2/22/2023, Register 245

12 AAC 14.210 Supervised clinical experience requirements

(a) An applicant must have completed all clinical experience requirements of this section under the supervision of a preceptor who holds a license in good standing, is registered as a preceptor with North American Registry of Midwives (NARM), and

(1) meets the qualifications of AS 08.65.090(b); or

(2) is a midwife who has been licensed in another state or country and practicing midwifery for at least the two years immediately preceding the date that the supervision began and as determined by the board, the state or country in which the midwife has been licensed had licensing requirements substantially equivalent in scope, quality, and difficulty to those of this state at the time of licensure; or

(3) repealed 2/22/2023;

(4) repealed 2/22/2023;

(5) has met the requirements of AS 08.65.050(3) and (4); the supervised clinical experience must have met the requirements of this section.

(b) Supervised clinical experience must have included at least the following types and numbers of experiences:

(1) 100 prenatal visits, including 20 initial exams;

(2) 10 labor and delivery observations that preceded any primary responsibility for labor and delivery; the observations may have been completed before the permit being issued;

(3) 20 assisted labor managements that preceded any primary responsibility for labor and delivery;

(4) primary responsibility for 20 labor and deliveries of the newborn and placenta;

(5) 40 newborn examinations; and

(6) 50 postpartum examinations of the mother.

(c) As part of the supervised clinical experiences required in (b) of this section, an applicant must have provided continuous care to at least 15 clients. "Continuous care" means, for the same client, the applicant

(1) performed at least six prenatal visits;

(2) observed, assisted with, or had primary responsibility for labor and delivery of the newborn and placenta;

(3) performed a newborn examination; and

(4) performed a postpartum examination of the mother.

(d) An applicant must have completed at least 10 of the supervised clinical experiences required in (b)(3) and (b)(4) of this section, in any combination, within the two years immediately preceding the date of application.

(e) On a form provided by the department, an applicant shall document the applicant's clinical experience, including the following information, if applicable:

(1) the date of birth;

(2) the location of birth;

(3) the infant's gender;

(4) the infant's weight;

(5) the name of the person who managed the labor;

(6) the name of the person who delivered the newborn and placenta;

(7) any complication and its outcome;

(8) a detailed explanation of any situation that required emergency transport; and

(9) the signature of the applicant's preceptor verifying that the experience was supervised and that the care provided was within the scope of AS 08.65 and this chapter.

(f) An applicant's preceptor shall test the applicant and keep a record of the applicant's performance of practical skills on the form titled Practical Skills List for Alaska Certified Direct-Entry Midwives, dated January 2003, adapted from the copyrighted 2002 version of the North American Registry of Midwives and used by permission, and adopted by reference. This form is provided by the department and is established by the board for use by a preceptor to document an applicant's completion of the practical skills required by the board. The requirements of this subsection do not apply to an applicant who has graduated from a school of midwifery preapproved or accredited by the Midwifery Education Accreditation Council (MEAC).

History

Authority: AS 08.65.030; AS 08.65.050
Eff. 2/18/94, Register 129; am 4/16/2003, Register 166; am 12/26/2003, Register 168; am 8/19/2004, Register 170; am 4/29/2006, Register 178; am 9/9/2016, Register 219; am 11/25/2018, Register 228; am 2/22/2023, Register 245; am 12/17/2023, Register 248

12 AAC 14.220 Apprenticeship programs

(a) To be approved by the board, an apprenticeship program must

(1) be for a duration of at least one year;

(2) be conducted under the supervision of an apprenticeship program preceptor; and

(3) provide a training program for the apprentice that meets the course of study and supervised clinical experience requirements of 12 AAC 14.200 and 12 AAC 14.210.

(b) For purposes of this section, an apprenticeship program preceptor means an individual who meets the supervisory requirements of AS 08.65.090(b) and is registered as a preceptor with North American Registry of Midwives (NARM).

History

Authority: AS 08.65.030; AS 08.65.090
Eff. 5/11/94, Register 130; am 12/17/2023, Register 248

Article 3 Examination

12 AAC 14.300 Examination

(a) The examination required for certification as a direct-entry midwife is the national examination prepared and graded by the North American Registry of Midwives. The national examination required under this subsection for certification is

(1) any version of the national examination administered before February 18, 1994, if the applicant passed the examination before February 18, 1994; or

(2) any version of the national examination, revised on or after December 28, 1993.

(b) An applicant for certification as a direct-entry midwife must submit a certified true copy of the results of the national examination specified in (a) of this section showing that the applicant has received a passing score on the national examination.

(c) In order to be scheduled for an examination, the following items must be received by the division's Juneau office from the applicant:

(1) a complete, notarized application on a form provided by the department;

(2) the fees established under 12 AAC 02.145;

(3) copies of certification current at the time of application in

(A) the Basic Life Support for Health Care Providers Program (BLS); and

(B) the Neonatal Resuscitation Program (NRP) from the American Academy of Pediatrics;

(4) an authorization from the applicant for release of the applicant's records to the department, on a form provided by the department; and

(5) a notarized academic program completion certification form, provided by the department, signed by the applicant's primary preceptor.

History

Authority: AS 08.65.030; AS 08.65.050; AS 08.65.060
Eff. 2/18/94, Register 129; am 1/1/2000, Register 152; am 12/9/2001, Register 160; am 3/2/2003, Register 165; am 8/19/2004, Register 171; am 2/23/2007, Register 181; am 2/11/2017, Register 221; am 2/22/2023, Register 245

Article 4 Renewal and Continuing Competency Requirements

12 AAC 14.400 Certification renewal requirements

(a) A certificate as a direct-entry midwife expires on March 31 of odd numbered years.

(b) A certified direct-entry midwife applying for certificate renewal shall

(1) apply on a form provided by the department;

(2) pay the fees established in 12 AAC 02.145;

(3) certify that the applicant has not committed an act that is a ground for a disciplinary sanction under AS 08.65.110;

(4) submit copies

(A) verifying a current

(i) certification in the Basic Life Support for Health Care Providers Program (BLS); and

(ii) certification in the Neonatal Resuscitation Program (NRP) from the American Academy of Pediatrics; and

(B) verifying a current certified professional midwife certification in good standing from the North American Registry of Midwives (NARM); and

(5) demonstrate continued practical professional competence by verifying

(A) fulfillment of the continuing competency requirements in 12 AAC 14.420 - 12 AAC 14.445; and

(B) compliance with the peer review requirements in 12 AAC 14.445.

History

Authority: AS 08.65.030; AS 08.65.080
Eff. 5/11/94, Register 130; am 5/16/96, Register 138; am 3/2/2003, Register 165; am 5/2/2004, Register 170; am 2/23/2007, Register 181; am 8/19/2009, Register 191; am 11/25/2018, Register 228; am 1/22/2023, Register 245; am 2/22/2023, Register 245

12 AAC 14.410 Apprentice permit renewal requirements

(a) An apprentice direct-entry midwife permit is valid for two years from the date of issue.

(b) An individual applying for renewal of an apprentice direct-entry midwife permit shall

(1) apply on a form provided by the department;

(2) pay the fees established in 12 AAC 02.145; and

(3) document continued qualification under 12 AAC 14.130.

History

Authority: AS 08.65.030; AS 08.65.090
Eff. 5/11/94, Register 130

12 AAC 14.420 Continuing education requirements

Continuing education requirements are satisfied by holding a current certification at the time of renewal as a certified professional midwife from the North American Registry of Midwives (NARM).

History

Authority: AS 08.65.030; AS 08.65.080
Eff. 5/11/94, Register 130; am 12/9/2001, Register 160; am 4/29/2006, Register 178; am 3/2/2011, Register 197; am 2/22/2023, Register 245

12 AAC 14.430 Approved continuing education programs

Repealed.

History

Eff. 5/11/94, Register 130; am 12/9/2001, Register 160; am 4/4/2002, Register 162; am 2/11/2017, Register 221; am 11/25/2018, Register 228; repealed 2/22/2023, Register 245

12 AAC 14.440 Continuing professional practice requirements

An applicant for renewal of a certificate as a direct-entry midwife shall certify having assisted with, or been primarily responsible for, 10 deliveries during the concluding license period.

History

Authority: AS 08.65.030; AS 08.65.080
Eff. 5/11/94, Register 130; am 2/22/2023, Register 245

12 AAC 14.445 Peer review

(a) A certified direct-entry midwife shall participate in not less than four hours of peer review during each certification period.

(b) During each certification period, a certified direct-entry midwife

(1) who was primarily responsible for a patient's care during that certification period shall, in accordance with (e) of this section, submit for peer review the records maintained under 12 AAC 14.540 for at least one case in which that midwife was primarily responsible; or

(2) who was not primarily responsible for any patient's care during that certification period shall, in accordance with (e) of this section, submit for peer review the records maintained under 12 AAC 14.540 for at least one case in which that midwife was involved.

(c) A certified direct-entry midwife submitting records under (b) of this section shall ensure that those records are kept confidential as required by state and federal law and, if records are submitted electronically, shall ensure that an electronic submission has sufficient security to maintain the confidentiality of the records submitted.

(d) A peer review participant receiving records submitted by a certified direct-entry midwife under (b) of this section shall ensure that the records received are kept confidential as required by state and federal law.

(e) A certified direct-entry midwife must submit the applicable records described under (b) of this section to no fewer than two professionals licensed in this state, at least one of whom must be a certified direct-entry midwife from a practice other than that of the certified direct-entry midwife submitting for peer review, and the other of whom must be a

(1) certified direct-entry midwife from a practice other than that of the certified direct-entry midwife submitting for peer review;

(2) registered nurse;

(3) advanced practice registered nurse; or

(4) physician.

(f) Results or recommendations made by a peer review participant to the board in connection with a case submitted for peer review under this section are not binding on the board.

(g) A certified direct-entry midwife is responsible for maintaining adequate and detailed records of peer review participation performed under (a) of this section and of a case submitted under (b) of this section and shall make the records available to the board upon request.

(h) Failure to comply with the requirements of this section is grounds for disciplinary sanction under AS 08.65.110.

(i) In this section, "peer review" means the review of a case submitted by a certified direct-entry midwife under (b) of this section by the peer review participants described under (e) of this section where each peer review participant and the certified direct-entry midwife submitting for peer review are able to communicate synchronously in real time.

History

Authority: AS 08.65.030; AS 08.65.110 AS 08.65.140
Eff. 1/22/2023, Register 245

12 AAC 14.450 Continuing competency requirements for first time certificate renewals

Repealed.

History

Eff. 5/11/94, Register 130; repealed 2/22/2023, Register 245

12 AAC 14.460 Verification of compliance

(a) A certified direct-entry midwife shall submit, on a form provided by the department, a statement verifying compliance with the requirements of 12 AAC 14.420 - 12 AAC 14.445 at the time the certificate holder applies for renewal.

(b) The board may require an applicant for renewal to submit additional evidence of compliance with the requirements of 12 AAC 14.420 - 12 AAC 14.445. The certificate holder shall maintain evidence of compliance with the requirements of 12 AAC 14.420 - 12 AAC 14.445 for three years.

History

Authority: AS 08.65.030; AS 08.65.080
Eff. 5/11/94, Register 130; am 8/19/2009, Register 191; am 2/22/2023, Register 245

12 AAC 14.470 Reinstatement of a lapsed certificate

(a) The board will, in its discretion, reinstate a certificate that has been lapsed less than two years if the applicant

(1) repealed 3/2/2011;

(2) complies with the certificate renewal requirements in 12 AAC 14.400(b).

(b) The board will reinstate a certificate that has been lapsed for at least two years, but not more than five years, if the applicant

(1) repealed 12/17/97;

(2) pays the renewal fee required in 12 AAC 02.145 for the current renewal period;

(3) submits a statement verifying that the applicant has not committed an act that is a ground for a disciplinary sanction under AS 08.65.110;

(4) submits copies that are current at the time of application for reinstatement verifying certification in

(A) the Basic Life Support for Health Care Providers Program (BLS) and neonatal resuscitation;

(B) the Neonatal Resuscitation Program (NRP) from the American Academy of Pediatrics;

(5) documents completion of the continuing education requirements in 12 AAC 14.420 for the entire period since the certificate lapsed;

(6) documents completion of

(A) the continuing professional practice requirements in 12 AAC 14.440 for the entire period since the certificate lapsed; or

(B) at least 10 preceptor-supervised deliveries in the year immediately preceding the application for reinstatement in which the applicant was the primary or assisting midwife; in at least five of the supervised deliveries, the applicant must have been the primary midwife;

(7) submits verification of the applicant's licensure status sent directly to the department from each jurisdiction where the applicant holds or has ever held a license to practice midwifery; the verification must document that the applicant is not the subject of any unresolved complaints or any unresolved disciplinary actions and has never had a license to practice midwifery revoked.

(c) The board will not reinstate a certificate that has been lapsed more than five years at the time of application for reinstatement. An applicant whose license lapsed more than five years at the time of application must apply as a new applicant.

History

Authority: AS 08.01.100; AS 08.65.030; AS 08.65.080
Eff. 5/11/94, Register 130; am 12/17/97, Register 144; am 3/2/2003, Register 165; am 5/2/2004, Register 170; am 8/19/2009, Register 191; am 3/2/2011, Register 197; am 6/29/2013, Register 206; am 9/25/2013, Register 207; am 2/22/2023, Register 245

Article 5 Duties and Responsibilities

12 AAC 14.500 Practice

(a) A certified direct-entry midwife shall

(1) recommend, before care or delivery of a client, that the client undergo a physical examination performed by a physician, physician assistant, or advanced practice registered nurse who is licensed in this state;

(2) obtain informed consent from a client before onset of labor;

(3) at the first prenatal visit, or not later than 10 days after the first prenatal visit, order a serological test for syphilis;

(4) provide each client with contact information for 24-hour on-call availability by a certified direct-entry midwife throughout pregnancy, the intrapartum period, and the postpartum period;

(5) provide each client with labor support, fetal monitoring, and routine assessment of vital signs once active labor is established;

(6) supervise the delivery of infant and placenta, assess newborn and maternal well-being in the immediate postpartum period, and perform Apgar scores;

(7) perform routine cord management and inspect for appropriate number of vessels;

(8) inspect the placenta and membranes for completeness;

(9) inspect the perineum and vagina postpartum for lacerations and stabilize or repair, as appropriate;

(10) observe the mother and newborn postpartum until stable condition is achieved;

(11) instruct the mother, father, or other support persons, both verbally and in writing, of the special care and precautions for both mother and newborn in the immediate postpartum period;

(12) reevaluate maternal and newborn wellbeing not later than 36 hours after delivery;

(13) use universal precautions with all biohazard materials;

(14) ensure that a birth certificate is accurately completed and filed in accordance with state law;

(15) ensure the newborn is tested for phenylketonuria (PKU);

(16) offer to one or both parents to obtain and submit a blood sample in accordance with the recommendations for metabolic screening of the newborn;

(17) offer to one or both parents an injection of vitamin K for the newborn in accordance with the indication, dose, and administration route set out in 12 AAC 14.570;

(18) not later than one week after delivery, refer the parents to a facility with a newborn hearing screening program;

(19) not later than two hours after the birth, offer to one or both parents the administration of antibiotic ointment into the eyes of the newborn, in accordance with state law on the prevention of infant blindness;

(20) provide postpartum care and postpartum depression screenings and referrals to client through the first year postpartum; and

(21) maintain adequate antenatal and perinatal records of each client and provide records to any consulting licensed physician and advanced practice registered nurse in accordance with regulations under P.L. 104-191 (Health Insurance Portability and Accountability Act of 1996 (HIPAA).

(b) During the third trimester, the certified direct-entry midwife shall ensure that the home-birth client is adequately prepared for a home-birth by discussing issues such as sanitation, facilities, adequate heat, availability of telephone and transportation, plans for emergency evacuation to a hospital, and the skills and equipment that the midwife will bring to the home-birth.

(c) A certified direct-entry midwife shall make a home visit to the client before delivery to assess the physical environment, to determine whether the home-birth client has the necessary supplies, to prepare the client for the birth, and to instruct the family in correction of problems or deficiencies.

History

Authority: AS 08.65.030; AS 08.65.140; AS 08.65.190
Eff. 5/11/94, Register 130; am 5/2/2004, Register 170; am 10/18/2007, Register 184; am 3/2/2011, Register 197; am 8/10/2011, Register 199; am 9/9/2016, Register 219; am 11/25/2018, Register 228; am 2/22/2023, Register 245

12 AAC 14.510 Consultation and referral

(a) A certified direct-entry midwife shall consult with a licensed physician or advanced practice registered nurse providing obstetrical care whenever there are significant deviations, including significant abnormal laboratory results, relative to a client's pregnancy or to a neonate. If a referral is needed, the certified direct-entry midwife shall refer the client and, if possible, remain in consultation with the physician or advanced practice registered nurse until resolution of the cause of the deviation.

(b) A certified direct-entry midwife shall consult with a licensed physician or advanced practice registered nurse about any mother who presents with or develops risk factors that in the judgment of the certified direct-entry midwife warrant consultation or presents with or develops the following risk factors:

(1) antepartum

(A) pregnancy induced hypertension, as evidenced by a blood pressure of 140/90 on at least two occasions greater than six hours apart;

(B) persistent, severe headaches, epigastric pain, or visual disturbances;

(D) significant vaginal bleeding before the onset of labor not associated with uncomplicated spontaneous abortion;

(E) rupture of membranes before the 37th week of gestation;

(F) noted abnormal decrease in or cessation of fetal movement;

(G) anemia resistant to supplemental therapy;

(H) fever of 102 degrees Fahrenheit or 39 degrees Celsius or greater for more than 24 hours;

(I) unresolved hyperemesis or significant dehydration;

(J) isoimmunization, Rh-negative sensitized, positive titers, or any other positive antibody titer that may have a detrimental effect on the mother or fetus;

(K) elevated blood glucose levels unresponsive to dietary management;

(L) positive HIV antibody test;

(M) primary genital herpes infection in pregnancy;

(N) symptoms of malnutrition or anorexia, protracted weight loss, or failure to gain weight;

(O) suspected deep vein thrombosis;

(P) documented placental previa;

(Q) documented low lying placenta or placenta accreta in woman with history of previous cesarean delivery;

(R) labor before the 37th week of gestation;

(S) known fetal anomalies that may be affected by the site of birth;

(T) marked abnormal fetal heart tones;

(U) abnormal non-stress test or abnormal biophysical profile;

(V) marked or severe poly or oligodydramnios;

(W) evidence of intrauterine growth restriction; or

(X) significant abnormal ultrasound findings;

(2) intrapartum

(A) rise in blood pressure above baseline, more than 30/15 points or greater than 160/100;

(B) persistent, severe headaches, epigastric pain, or visual disturbances;

(D) fever over 100.6 degrees Fahrenheit or 38 degrees Celsius in absence of environmental factors;

(E) ruptured membranes without onset of established labor after 24 hours;

(F) significant bleeding before delivery or any abnormal bleeding, with or without abdominal pain; or evidence of placental abruption;

(G) lie not compatible with spontaneous vaginal delivery or unstable fetal lie;

(H) signs or symptoms of maternal infection;

(I) active genital herpes at onset of labor;

(J) fetal heart tones with non-reassuring patterns;

(K) signs or symptoms of fetal distress;

(L) thick meconium or frank bleeding with birth not imminent; or

(M) physician consultation or transfer desired by the client or certified direct-entry midwife;

(3) postpartum

(A) failure to void within 12 hours of birth;

(B) signs or symptoms of maternal shock;

(D) abnormal lochia or signs or symptoms of uterine sepsis;

(E) suspected deep vein thrombosis; or

(F) signs of clinically significant depression.

(c) A certified direct-entry midwife shall consult with a licensed physician or advanced practice registered nurse with regard to any neonate who is born with or develops

(1) an Apgar score of six or less at five minutes without significant improvement by 10 minutes;

(2) persistent grunting respirations or retractions;

(3) persistent cardiac irregularities;

(4) persistent central cyanosis or pallor;

(5) persistent lethargy or poor muscle tone;

(6) abnormal cry;

(7) birth weight less than 2,300 grams;

(8) jitteriness or seizures;

(9) jaundice occurring before 24 hours or outside of normal range;

(10) failure to urinate within 24 hours of birth;

(11) failure to pass meconium within 48 hours of birth;

(12) edema;

(13) prolonged temperature instability;

(14) significant signs or symptoms of infection;

(15) significant clinical evidence of glycemic instability;

(16) abnormal, bulging, or depressed fontanel;

(17) significant clinical evidence of prematurity;

(18) medically significant congenital anomalies;

(19) significant or suspected birth injury;

(20) persistent inability to suck;

(21) diminished consciousness;

(22) clinically significant abnormalities in vital signs, muscle tone, or behavior;

(23) clinically significant color abnormality, cyanotic, or pale or abnormal perfusion;

(24) abdominal distension or projectile vomiting; or

(25) signs of clinically significant dehydration or failure to thrive.

History

Authority: AS 08.65.030; AS 08.65.140; AS 08.65.190
Eff. 5/11/94, Register 130; am 5/2/2004, Register 170; am 10/18/2007, Register 184; am 3/2/2011, Register 197; am 9/9/2016, Register 219; am 2/22/2023, Register 245

12 AAC 14.520 Transfer

(a) Transport of a client by means of a private vehicle is an acceptable method of transport if it is the most expedient and safest method for accessing medical services. When transferring a client, the certified direct-entry midwife shall

(1) initiate immediate transport according to the certified direct-entry midwife's emergency plan;

(2) provide emergency stabilization until emergency medical services arrive or transfer is completed;

(3) accompany the client or follow the client to a hospital in a timely fashion; and

(4) provide pertinent information to the receiving facility.

(b) A certified direct-entry midwife shall immediately notify a physician and provide emergency transport to a hospital of a client exhibiting

(1) seizures or unconsciousness;

(2) respiratory distress or arrest;

(3) evidence of shock;

(4) psychosis;

(5) symptomatic chest pain or cardiac arrhythmias;

(6) prolapsed umbilical cord;

(7) unresolved shoulder dystocia;

(8) symptoms of uterine rupture;

(9) preeclampsia or eclampsia;

(10) severe abdominal pain inconsistent with normal labor;

(11) chorioamnionitis;

(12) clinically significant fetal heart rate patterns or other manifestation of fetal distress;

(13) presentation not compatible with spontaneous vaginal delivery;

(14) laceration greater than second degree perineal or any cervical;

(15) hemorrhage non-responsive to therapy;

(16) uterine prolapse or inversion;

(17) persistent uterine atony;

(18) anaphylaxis;

(19) sustained instability or persistent abnormal vital signs; or

(20) an other condition or symptom that could threaten the life of the mother, fetus, or neonate.

(c) A certified direct-entry midwife may deliver a client with any of the complications or conditions set out in (b) of this section if

(1) no physician or other equivalent medical services are available and the situation presents immediate harm to the health and safety of the client;

(2) the complication or condition entails extraordinary and unnecessary human suffering; or

(3) delivery occurs during transport.

History

Authority: AS 08.65.030; AS 08.65.140; AS 08.65.190
Eff. 5/11/94, Register 130; am 3/2/2011, Register 197; am 2/22/2023, Register 245

12 AAC 14.530 Prohibited practices

A certified direct-entry midwife may not

(1) administer prescription pharmacological agents intended to induce or augment labor;

(2) administer prescription pharmacological agents to provide pain management;

(3) use vacuum extractors or forceps;

(4) prescribe medications;

(5) provide out-of-hospital delivery services to a woman who has had a vertical incision cesarean section;

(6) perform surgical procedures, except episiotomy, including cesarean sections, abortions, and circumcisions; or

(7) knowingly accept responsibility for prenatal or intrapartum care of a client with any of the following diagnosed risk factors:

(A) chronic and significant maternal cardiac, pulmonary, renal, or hepatic disease;

(B) malignant disease in an active phase;

(D) insulin-requiring diabetes mellitus;

(E) known maternal congenital abnormalities affecting childbirth;

(F) confirmed isoimmunization, Rh disease with positive titer;

(G) active tuberculosis;

(H) active syphilis or gonorrhea;

(I) active genital herpes infection two weeks prior to labor or in labor;

(J) pelvic or uterine abnormalities affecting normal vaginal births, including tumors and malformations;

(K) untreated alcoholism or alcohol abuse;

(L) untreated drug addiction or substance abuse;

(M) confirmed AIDS status;

(N) uncontrolled current serious psychiatric illness; or

(O) social or familial conditions unsatisfactory for out-of-hospital maternity care services.

History

Authority: AS 08.65.030; AS 08.65.140; AS 08.65.190
Eff. 5/11/94, Register 130; am 3/2/2011, Register 197; am 2/11/2017, Register 221; am 11/25/2018, Register 228; am 2/22/2023, Register 245

12 AAC 14.540 Records and reports

(a) A certified direct-entry midwife shall maintain records of each client on standard obstetric forms.

(b) A certified direct-entry midwife shall maintain records of the recommended medical visit, all prenatal visits, the charting of labor and delivery, the summary of birth, and the charting of the newborn examination and postpartum visits.

(c) A certified direct-entry midwife shall maintain birth records of an infant until at least two years after the infant has reached the age of 19 years. Prenatal and infant records must be maintained for at least seven years from the date of the birth.

(d) A certified direct-entry midwife shall provide copies of pertinent records to medical personnel when the client or infant is referred for medical care or transported for emergency care.

(e) All records maintained by the certified direct-entry midwife are subject to review by the board.

(f) Not later than 14 days after the delivery or transfer of care of a client for whom a certified direct-entry midwife had primary responsibility, the certified direct-entry midwife shall report to the board on a form provided by the department if that client died.

History

Authority: AS 08.65.030; AS 08.65.140; AS 08.65.190
Eff. 5/11/94, Register 130; am 5/16/96, Register 138; am 8/19/2009, Register 191; am 1/22/2023, Register 245

12 AAC 14.550 Medical back-up arrangements

(a) A certified direct-entry midwife shall have written back-up arrangements that must include procedures concerning

(1) alternate midwife assistance for clients in the certified direct-entry midwife's absence; and

(2) abnormal conditions and medically indicated maternal or infant consultations;

(3) repealed 3/2/2011.

(b) A certified direct-entry midwife shall present the written back-up arrangements to the board upon request.

History

Authority: AS 08.65.030; AS 08.65.140; AS 08.65.190
Eff. 5/11/94, Register 130; am 3/2/2011, Register 197

12 AAC 14.560 Permitted practices

(a) The following practices may be performed by a certified direct-entry midwife who, in accordance with (c) of this section, provides documentation acceptable to the board of having acquired the training and skills necessary to safely perform them:

(1) catheterization of the urinary bladder;

(2) administration of medications as specified in 12 AAC 14.570;

(3) venipuncture;

(4) capillary blood sampling;

(5) suturing;

(6) emergency measures as specified in 12 AAC 14.600;

(7) intravenous therapy; or

(8) an episiotomy.

(b) Before performing prenatal care, vaginal delivery, and postpartum care for a client with a previous cesarean section, a certified direct-entry midwife must provide evidence of at least six hours of training and education in performing these practices for a post-cesarean client.

(c) The board will notify the certified direct-entry midwife that documentation submitted under this section is acceptable to the board of competence in these practices. A certified direct-entry midwife may not perform the practices set out in (a) and (b) of this section until notification of acceptance has been provided to the certified direct-entry midwife by the board.

History

Authority: AS 08.65.030
Eff. 5/11/94, Register 130; am 5/2/2004, Register 170; am 9/9/2016, Register 219; am 2/22/2023, Register 245

12 AAC 14.570 Medications

A certified direct-entry midwife may not administer restricted drugs or medications except for the following, and only if the certified direct-entry midwife has documented the training and skills demonstrating competence to administer them as required in 12 AAC 14.560:

(1) xylocaine hydrochloride, one or two percent, administered by infiltration, for the postpartum repair of tears, lacerations, and episiotomy;

(2) cetacaine, applied topically, for the postpartum repair of tears, lacerations, and episiotomy;

(3) vitamin K, administered by intramuscular injection, for the prevention of acute and late onset hemorrhagic disease of the infant;

(4) Rh immune globulin, administered by intramuscular injection, for an unsensitized client with Rh negative type blood to prevent Rh disease;

(5) eye prophylaxis as required by 7 AAC 27.111;

(6) oxytocin, administered by intramuscular injection or intravenously after delivery of the neonate, for the prevention or treatment of postpartum hemorrhage;

(7) medications for the control and treatment of postpartum hemorrhage, including uterotonic agents, oxytocin, methylergonovine, carboprost tromethamine, tranexamic acid, and misoprostol;

(8) lactated ringers, plain or with dextrose five percent, or normal saline, up to 2,000 milliliters administered intravenously to a client who would benefit from hydration;

(9) antibiotic intravenous therapy treatment for Group B Streptococci in accordance with the United States Department of Health and Human Services, Centers for Disease Control and Prevention's Prevention of Perinatal Group B Streptococcal Disease: Revised Guidelines from CDC, revised as of August 16, 2002 and adopted by reference, except that vancomycin may not be administered;

(10) epinephrine for allergic reaction or anaphylactic shock;

(11) diphenhydramine administered by intramuscular injection or intravenously for allergic reaction or anaphylactic shock;

(12) an anti-diarrheal agent, including loperamide or diphenoxylate/atropine.

History

Authority: AS 08.65.030; AS 08.65.190
Eff. 5/11/94, Register 130; am 5/2/2004, Register 170; am 10/18/2007, Register 184; am 3/2/2011, Register 197; am 6/29/2013, Register 206; am 9/9/2016, Register 219; am 2/22/2023, Register 245

12 AAC 14.580 Withdrawal from service

(a) A certified direct-entry midwife may withdraw from responsibility for a client during the prenatal period if, for any reason, the midwife does not feel comfortable continuing as the client's midwife. The decision to withdraw may take into account

(1) the client's failure to consult a physician when recommended to do so by the certified direct-entry midwife;

(2) the client's failure or refusal to follow recommendations;

(3) personality incompatibilities; or

(4) any other factor that the certified direct-entry midwife believes may create an unwarranted risk to the client, fetus, or infant, or may interfere with the certified direct-entry midwife's ability to care responsibly for the client, fetus, or infant.

(b) If the certified direct-entry midwife withdraws, the midwife shall immediately notify the client in writing and shall cooperate with the client in finding alternative care.

(c) After the onset of labor, a certified direct-entry midwife may withdraw only if the midwife believes that the midwife is unable to competently care for the client, fetus, or infant. The certified direct-entry midwife shall arrange for transfer of the client to medical care. If the client refuses to accept transfer to medical care, the certified direct-entry midwife shall document the relevant events and shall stay with the client until attended by hospital or emergency medical personnel.

History

Authority: AS 08.65.030
Eff. 5/11/94, Register 130

Article 6 Emergency Measures

12 AAC 14.600 Emergency practices

In addition to the practices permitted in 12 AAC 14.560, in an emergency a certified direct-entry midwife who has documented training and skills demonstrating competence as set out in 12 AAC 14.560 may attend or deliver a woman whose condition is outside the scope of practice under 12 AAC 14.500.

History

Authority: AS 08.65.030; AS 08.65.140; AS 08.65.190
Eff. 5/11/94, Register 130; am 5/2/2004, Register 170; am 9/9/2016, Register 219; am 2/22/2023, Register 245

12 AAC 14.610 Emergency transport plan

(a) A certified direct-entry midwife shall present a copy of the midwife's emergency transport plan to each client before the onset of labor.

(b) The emergency transport plan must be signed by the client and include

(1) written permission to release the client's records to a physician in an emergency; and

(2) a statement that costs will be incurred for emergency transportation and an agreement as to who is responsible for the costs.

History

Authority: AS 08.65.030; AS 08.65.190
Eff. 5/11/94, Register 130; readopt 9/9/2016, Register 219

12 AAC 14.620 Emergency defined

In this chapter and in AS 08.65, "emergency" means a situation that presents an immediate hazard to the health and safety of the client.

History

Authority: AS 08.65.030; AS 08.65.190
Eff. 5/11/94, Register 130

Article 7 General Provisions

12 AAC 14.900 Peer review

Repealed.

History

Eff. 5/16/96, Register 138; am 2/23/2007, Register 181; am 9/9/2016, Register 219; am 11/25/2018, Register 228; repealed 1/22/2023, Register 245

12 AAC 14.910 Code of ethics

A certified direct-entry midwife shall adhere to the following materials adopted by reference as a code of ethics for certified direct-entry midwives in this state:

(1) Alaska Board of Certified Direct-Entry Midwives Code of Ethics, adopted April 26, 1994;

(2) the Midwives Alliance North America (MANA) Statement of Values and Ethics, revised and approved August 2010.

History

Authority: AS 08.65.030; AS 08.65.110; AS 08.65.140
Eff. 1/22/2023, Register 245

12 AAC 14.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "board" means the Board of Certified Direct-Entry Midwives;

(2) "client" means a pregnant woman, postpartum woman up to six weeks, fetus, or newborn, as appropriate;

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

(4) "preceptor" means a person qualified under AS 08.65.090(b) or 12 AAC 14.210(a) who supervises a person training to be a direct-entry midwife or supervises a lapsed certificate holder in the process of reinstatement under 12 AAC 14.470(b)(6)(B);

(5) "supervision" means the direct observation and evaluation by the preceptor of the clinical experiences and technical skills of the apprentice direct-entry midwife or other supervised person while present with the supervised person in the same room;

(6) "division" means the division of corporations, business and professional licensing in the department.

History

Authority: AS 08.65.030; AS 08.65.090
Eff. 2/18/94, Register 129; am 8/19/2004, Register 171; am 6/29/2013, Register 206

Chapter 16 Board of Chiropractic Examiners

Article 1 The Board

12 AAC 16.010 Objectives

(a) It is the objective of the board to foster professional standards consistent with the best interests of the public.

(b) It is the objective of the board to adhere to the Code of Ethics of the American Chiropractic Association or International Chiropractic Association as a basis for considering what comprises the duties and obligations of chiropractors to the public.

History

Authority: AS 08.20.055
Eff. 3/8/71, Register 37; am 6/29/84, Register 90

12 AAC 16.020 Meetings

The board will, in its discretion, meet at least twice each year for the transaction of business and examination of applicants.

History

Authority: AS 08.20.055; AS 08.20.130
Eff. 3/8/71, Register 37; am 9/30/81, Register 79; am 6/29/84, Register 90; am 6/3/89, Register 110

Article 2 Licensing

12 AAC 16.030 Application for licensure by examination

(a) A person applying for chiropractic licensure by examination shall submit

(1) a completed application on a form provided by the department;

(2) the fees set out under 12 AAC 02.150;

(3) official college transcripts that show that the applicant has met the education requirements set out in AS 08.20.120(a)(1), (3), and (4);

(4) an official grade transcript sent directly to the department from the National Board of Chiropractic Examiners that shows that the applicant has passed the applicable examination under 12 AAC 16.037;

(5) either

(A) official college transcripts that show that the applicant has met the education requirements set out in AS 08.20.120(a)(2); or

(B) evidence of active licensed practice of chiropractic for at least three of the four years preceding the date of the application;

(6) if the applicant graduated from a school or college of chiropractic more than three years before the date of the application,

(A) verification of the status of the applicant's license from each licensing jurisdiction where the applicant holds or has held a license to practice chiropractic, sent directly to the department from the licensing jurisdiction; and

(B) documentation of continuing education that meets the requirements set out under (b) of this section;

(7) a report under AS 12.62 containing the applicant's criminal history record information, issued not more than 90 days before the date of the application; and

(8) if the applicant primarily resides in another state or holds or has held a license to practice chiropractic in another state, an equivalent report to the report under AS 12.62 containing the applicant's criminal history record information, issued by that state not more than 90 days before the date of the application.

(b) An applicant's documentation of continuing education required under (a) of this section must document 32 credit hours of continuing education, approved by the board or another licensing jurisdiction, earned within the two years preceding the date of the application, and

(1) must include at least

(A) eight hours in radiographic safety, radiographic techniques and interpretation, or diagnostic imaging;

(B) two hours in coding and documentation;

(D) two hours in cardiopulmonary resuscitation; and

(E) 18 hours in education that does not include business management;

(2) may not include more than four total hours in the following subject areas:

(A) cardiopulmonary resuscitation (CPR) training;

(B) automated external defibrillator (AED) training;

(3) may not include more than 16 hours obtained over the Internet or through distance learning.

History

Authority: AS 08.20.055; AS 08.20.120; AS 08.20.170 AS 08.20.110; AS 08.20.130
Eff. 3/8/71, Register 37; am 9/30/81, Register 79; am 6/29/84, Register 90; am 5/10/90, Register 114; am 8/21/91, Register 119; am 4/7/96, Register 138; am 2/21/97, Register 141; am 5/27/2006, Register 178; am 1/29/2009, Register 189; am 8/14/2010, Register 195; am 2/23/2020, Register 233; am 6/28/2024, Register 250

12 AAC 16.031 Application for temporary permit for locum tenens practice

(a) A person applying for a temporary permit for locum tenens practice must meet the applicable requirements of AS 08.20.163 and this section, including passing the state chiropractic examination described in 12 AAC 16.130.

(b) An applicant applying for a temporary permit for locum tenens practice under AS 08.20.163(b)(1) and this section shall submit

(1) a completed application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.150;

(3) official college transcripts showing that the applicant meets the education requirements of AS 08.20.120(a)(2) - (4); and

(4) an official grade transcript sent directly to the department from the National Board of Chiropractic Examiners showing that the applicant has successfully passed the applicable national examinations described in 12 AAC 16.037.

(c) An applicant applying for a temporary permit for locum tenens practice under AS 08.20.163(b)(2) and this section shall submit

(1) a completed application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.150;

(3) an official college transcripts showing that the applicant meets the education requirements of AS 08.20. 63(b)(2)(C) and (D);

(4) an official grade transcript sent directly to the department from the National Board of Chiropractic Examiners showing that the applicant has successfully passed the examinations described in AS 08.20. 63(b)(2)(D) and (E);

(5) verification of practice showing that the applicant meets the requirements of AS 08.20.163(b)(2)(B);

(6) verification of the applicant's licensure status and complete information regarding any disciplinary action or investigation taken or pending, sent directly to the department from all licensing jurisdictions where the applicant holds or has ever held a chiropractic license; and

(7) a notarized, sworn statement by the applicant that the applicant has not been, within the five years preceding the date of application, the subject of an unresolved review or an adverse decision based upon a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on ability or competence to engage in the practice of chiropractic or the safety or well-being of patients;

(8) repealed 5/27/2006.

(d) An applicant applying for a temporary permit for locum tenens practice under AS 08.20.163 and this section shall submit

(1) a notarized, sworn statement by the chiropractor licensed in this state for whom the applicant will substitute, including the dates of the substitute practice and the date that the chiropractor licensed in this state will resume practice; and

(2) a report under AS 12.62 containing criminal history record information concerning the applicant and issued no earlier than 90 days before the application; if a state other than this state is the applicant's primary state of residence, or if the applicant holds or has ever held a license in a state other than this state to practice chiropractic, the applicant shall also submit an equivalent report issued by that other state and issued no earlier than 90 days before the application.

History

Authority: AS 08.20.055; AS 08.20.163 AS 08.20.120; AS 08.20.170
Eff. 1/6/2002, Register 161; am 5/27/2006, Register 178; am 1/29/2009, Register 189; am 8/14/2010, Register 195

12 AAC 16.032 Application for licensure by credentials

Repealed.

History

Eff. 4/22/83, Register 86; am 6/29/84, Register 90; am 6/3/89, Register 110; am 5/10/90, Register 114; am 8/21/91, Register 119; am 4/7/96, Register 138; repealed 12/7/97, Register 144

12 AAC 16.033 Application for licensure by credentials

An applicant for licensure by credentials shall meet the requirements of AS 08.20.141, pass the examination required under AS 08.20.141(5), and submit the following:

(1) a completed application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.150;

(3) evidence that the applicant has held a license in good standing to practice chiropractic in another jurisdiction for the five years preceding the date of application;

(4) verification of the present status of the applicant's license from each jurisdiction where the applicant holds or has ever held a license to practice chiropractic;

(5) evidence of active licensed clinical chiropractic practice for at least three out of the last five years immediately preceding the date of application;

(6) official transcripts showing that the applicant is a graduate of a school or college of chiropractic that was, at the time of graduation, accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board;

(7) an official grade transcript sent directly to the department from the National Board of Chiropractic Examiners showing that the applicant has successfully passed the Special Purposes Examination of Chiropractic (SPEC) or parts one, two, three, and four of the national examination;

(8) either

(A) evidence of completion of 120 hours of formal training in physiological therapeutics; or

(B) an official grade transcript sent directly to the department from the National Board of Chiropractic Examiners showing that the applicant has successfully passed the physiological therapeutics examination;

(9) a notarized sworn statement by the applicant that the applicant has not, within the five years preceding the date of application, been the subject of an unresolved review or an adverse decision based upon a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a foreign, state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on the applicant's ability or competence to engage in the practice of chiropractic or on the safety or well-being of patients;

(10) a report under AS 12.62 containing criminal history record information concerning the applicant and issued no earlier than 90 days before the application; if a state other than this state is the applicant's primary state of residence, or if the applicant holds or has ever held a license in a state other than this state to practice chiropractic, the applicant shall also submit an equivalent report issued by that other state and issued no earlier than 90 days before the application.

History

Authority: AS 08.20.055; AS 08.20.130; AS 08.20.170 AS 08.20.110; AS 08.20.141
Eff. 5/23/2003, Register 166; am 5/27/2006, Register 178; am 1/29/2009, Register 189; am 8/14/2010, Register 195; am 2/23/2020, Register 233; am 6/28/2024, Register 250

12 AAC 16.035 License-by-examination; national board certification

Repealed 5/10/90.

12 AAC 16.037 National examination requirements

(a) To satisfy the examination requirements of AS 08.20.120(a)(6), an applicant must successfully pass each subject of the following parts of the examination of the National Board of Chiropractic Examiners and the elective physiotherapy examination:

(1) if the applicant graduated before 1987 from a school or college of chiropractic that meets the requirements of AS 08.20.120(a)(3), parts one and two of the national examination;

(2) if the applicant graduated after 1986 from a school or college of chiropractic that meets the requirements of AS 08.20.120(a)(3), parts one, two, and three of the national examination.

(b) An applicant who has been in the active practice of chiropractic for five continuous years before the date of application for a license in this state may substitute successful passage of the Special Purposes Examination of Chiropractic (SPEC) of the National Board of Chiropractic Examiners for parts three and four of the national examination.

(1) 75 percent for an examination taken before October 1983; or

(2) 375 for an examination taken on or after October 1983.

(d) If the applicant graduated after September 1, 1998 from a school or college of chiropractic that meets the requirements of AS 08.20.120(a)(3), in addition to the requirements of (a) of this section, an applicant must also pass part four of the national examination.

History

Authority: AS 08.20.055; AS 08.20.120; AS 08.20.130
Eff. 2/21/97, Register 141; am 12/7/97, Register 144; am 5/10/98, Register 146; am 2/23/2020, Register 233; am 9/25/2022, Register 243

12 AAC 16.040 Evaluation of academic study in liberal arts or science

After evaluating an applicant's academic study as required by AS 08.20.120(a)(3), it must be apparent that the course of academic study corresponds with that which is available from the University of Alaska or is acceptable to a regional accrediting agency for approved colleges of liberal arts or sciences.

History

Authority: AS 08.20.055; AS 08.20.120
Eff. 3/8/71, Register 37; am 9/30/81, Register 79; am 10/21/82, Register 84

12 AAC 16.041 Preceptor scope of practice

A chiropractic preceptor

(1) may supervise not more than one chiropractic intern at a time;

(2) may permit a chiropractic intern to perform the chiropractic adjustment as set out in AS 08.20.900 only under personal supervision;

(3) before any chiropractic manipulative therapy performed by the intern, must provide a patient with an informed consent document that states that the chiropractic intern is a chiropractic student and not a licensed chiropractic physician in this state;

(4) must maintain a malpractice insurance policy with coverage limits of at least $1,000,000 per claim, and a minimum aggregate limit of $3,000,000 per policy period; and

(5) must have been licensed under this chapter in this state for not less than five years preceding the acceptance of a chiropractic intern.

History

Authority: AS 08.20.055
Eff. 2/23/2020, Register 233

12 AAC 16.042 Intern scope of practice

(a) A chiropractic intern may, under the personal supervision of a chiropractic preceptor, use chiropractic core methodologies as defined in AS 08.20.900, except that chiropractic diagnosis must be provided by the chiropractic preceptor.

(b) A chiropractic intern may, under the general supervision of a chiropractic preceptor,

(1) perform diagnostic imaging studies;

(2) perform examination procedures;

(3) use ancillary methodologies as defined in AS 08.20.900.

(d) An intern must be enrolled in a graduate-level course of study at a chiropractic institution accredited by the Council on Chiropractic Education (CCE), and be accepted into and approved to participate in an internship program. Internship placement will be made by and overseen by the accredited chiropractic college program.

(e) An intern may practice under a chiropractic preceptor for a period of not more than six months or the time period approved by the intern's accredited chiropractic college, whichever comes first. Written extensions of an internship may be granted by the board.

History

Authority: AS 08.20.055; AS 08.20.170; AS 08.20.900 AS 08.20.100; AS 08.20.195
Eff. 2/23/2020, Register 233

12 AAC 16.045 Accredited school or college

(a) For the purpose of AS 08.20.120(a)(3), an accredited school or college of chiropractic is a chiropractic program or institution that is accredited by or meets standards equivalent to those of the Council on Chiropractic Education.

(b) The definition in (a) of this section applies to all colleges of chiropractic from which an applicant for licensure matriculates after the effective date of this section.

History

Authority: AS 08.20.055; AS 08.20.120
Eff. 4/15/79, Register 70; am 10/21/82, Register 84; am 1/6/2002, Register 161

12 AAC 16.046 Chiropractic specialty designation

(a) A chiropractor licensed under AS 08.20 and this chapter applying for an initial or renewal specialty chiropractic designation shall submit

(1) a completed application on a form provided by the department;

(2) the specialty designation fee established in 12 AAC 02.150;

(3) for the initial specialty chiropractic designation, documentation of the successful completion of a postgraduate specialty program at an accredited school approved by the board, mailed directly to the department from the accredited school;

(4) documentation of certification or diplomate status issued by the certification program or diplomate board verifying that the licensee has met the protocols, guidelines, standards, continuing competency examinations, and coursework established by the certification program or diplomate board, mailed directly to the department from the certifying body.

(b) Upon approval by the board, the department will issue a new license with the specialty designation.

History

Authority: AS 08.20.055; AS 08.20.155
Eff. 1/6/2002, Register 161; am 5/27/2006, Register 178

12 AAC 16.047 Chiropractic specialty program criteria

(a) To be approved by the board, a postgraduate diplomate chiropractic specialty program must

(1) be comprised of a minimum of 300 classroom hours; and

(2) require passage of appropriate examinations administered by the approved specialty board.

(b) To be approved by the board, a postgraduate chiropractic specialty certification program must

(1) be offered by a program or institution accredited by the Council on Chiropractic Education;

(2) be comprised of a minimum of 120 classroom hours; and

(3) require passage of appropriate examinations administered by the approved program.

History

Authority: AS 08.20.055; AS 08.20.155
Eff. 1/6/2002, Register 161

12 AAC 16.048 Approved chiropractic specialty programs

(a) The following postgraduate diplomate specialty programs are approved by the board, if the board determines that the program meets the requirements of 12 AAC 16.047:

(1) Chiropractic Diagnostic Imaging (DACBR) program administered by the American Chiropractic Association Council on Diagnostic Imaging (Roentgenology);

(2) Chiropractic Rehabilitation (DACRB) program administered by the American Chiropractic Association Council on Chiropractic Physiological Therapeutics and Rehabilitation;

(3) Chiropractic Clinical Nutrition (DACBN) program administered by the American Chiropractic Association Council on Nutrition;

(4) Chiropractic Diagnosis and Management of Internal Disorders (DABCI) program administered by the American Chiropractic Association Council on Family Practice;

(5) Chiropractic Orthopedics (DABCO) program administered by the American Chiropractic Association Council on Orthopedists;

(6) Chiropractic Clinical Neurology program administered by the

(A) American Chiropractic Academy of Neurology (DACAN or FACCN);

(B) American Chiropractic Association Council on Neurology (DABCN);

(D) International Board of Chiropractic Neurology (IBCN);

(7) Chiropractic Sports Physician (DACBSP) program administered by the American Chiropractic Board of Sports Physicians;

(8) Chiropractic Forensics (DABFP) program administered by the American Board of Forensic Professionals.

(b) The following postgraduate specialty certification programs are approved by the board, if the board determines that the program meets the requirements of 12 AAC 16.047:

(1) Certified Chiropractic Sports Physician (CCSP) program administered by the American Chiropractic Association Sports Council;

(2) Certificate in Chiropractic Thermography (CACBT) program administered by the American Chiropractic Association Council on Thermography;

(3) Certificate in Chiropractic Pediatrics program administered by the International Chiropractors Association (ICA) Council on Chiropractic Pediatrics.

(c) The board may approve other postgraduate diplomate specialty programs or specialty certification programs upon written request by the program sponsor. In order to be approved by the board, the program sponsor must include in the written request documentation showing that the program meets the requirements in 12 AAC 16.047.

History

Authority: AS 08.20.055; AS 08.20.155
Eff. 1/6/2002, Register 161; am 8/20/2004, Register 171; am 8/14/2010, Register 195; am 2/23/2020, Register 233

12 AAC 16.050 Notification

Repealed 6/3/89.

12 AAC 16.052 Chiropractic clinical assistant scope of practice

(a) A chiropractic clinical assistant may, under the general supervision of a licensed chiropractic physician, perform the following procedures:

(1) diagnostic imaging studies;

(2) examination procedures;

(3) ancillary methodologies as defined in AS 08.20.900.

(b) A chiropractic clinical assistant may not provide chiropractic diagnosis, chiropractic adjustment as in AS 08.20.900, or formulation or alteration of treatment plans.

(c) A chiropractic clinical assistant must maintain current cardiopulmonary resuscitation (CPR) certification from a nationally recognized provider.

(d) In order to meet the initial certification requirements of AS 08.20.168 and practice as a chiropractic clinical assistant in this state, a currently employed chiropractic clinical assistant with 2,000 hours or more of experience must complete the requirements as set out by the Certified Chiropractic Clinical Assistant Program (CCCA) administered by the Federation of Chiropractic Licensing Boards (FCLB), the Chiropractic Therapy Assistant (CTA) Program administered by the Tennessee Chiropractic Association, or an equivalent nationally recognized program as determined by the board in accordance with AS 08.20.055(4), not later than 2/23/2021.

(e) In order to meet the initial certification requirements of AS 08.20.168 and practice as a chiropractic clinical assistant in this state, a currently employed chiropractic clinical assistant with less than 2,000 hours of experience must complete the requirements as set out by the Certified Chiropractic Clinical Assistant Program (CCCA) administered by the Federation of Chiropractic Licensing Boards (FCLB), the Chiropractic Therapy Assistant (CTA) Program administered by the Tennessee Chiropractic Association, or an equivalent nationally recognized program as determined by the board in accordance with AS 08.20.055(4), not later than 2/23/2021.

(f) In order to meet the certification requirements of AS 08.20.168 and practice as a chiropractic clinical assistant in this state, a newly hired chiropractic clinical assistant must complete the requirements as set out by the Certified Chiropractic Clinical Assistant Program (CCCA) administered by the Federation of Chiropractic Licensing Boards (FCLB), the Chiropractic Therapy Assistant (CTA) Program administered by the Tennessee Chiropractic Association, or an equivalent nationally recognized program as determined by the board in accordance with AS 08.20.055(4), not later than 12 months after hire date.

(g) A person enrolled in an educational program recognized by the board that leads to certification as a chiropractic clinical assistant is allowed to provide clinical services under the general supervision of a chiropractic physician to gain the necessary practical clinical experience.

(h) A person may not use the title "Certified Chiropractic Clinical Assistant" or another designation indicating status, including abbreviations, or hold oneself out directly or indirectly as a certified chiropractic clinical assistant, unless that person has met the requirements under (d), (e), or (f) of this section.

(i) After completing the initial certification requirements under (d), (e), or (f) of this section, a chiropractic clinical assistant must maintain current certification in accordance with the requirements of the Certified Chiropractic Clinical Assistant Program (CCCA) administered by the Federation of Chiropractic Licensing Boards (FCLB), the Chiropractic Therapy Assistant (CTA) Program administered by the Tennessee Chiropractic Association, or an equivalent nationally recognized program as determined by the board in accordance with AS 08.20.055(4).

History

Authority: AS 08.20.055; AS 08.20.168; AS 08.20.195 AS 08.20.100; AS 08.20.170; AS 08.20.900
Eff. 2/23/2020, Register 233; am 8/30/2020, Register 235

12 AAC 16.060 Schedule

Repealed 9/30/81.

12 AAC 16.070 Basis of questions

Repealed 8/21/91.

12 AAC 16.080 Identification of examination applicants

Repealed.

History

Eff. 3/8/71, Register 37; am 6/3/89, Register 110; repealed 1/6/2002, Register 161

12 AAC 16.090 Method of examination

Repealed 6/3/89.

12 AAC 16.100 Materials

Repealed.

History

Eff. 3/8/71, Register 37; am 6/3/89, Register 110; repealed 1/6/2002, Register 161

12 AAC 16.110 Leaving the examination room

Repealed.

History

Eff. 3/8/71, Register 37; am 9/30/81, Register 79; repealed 1/6/2002, Register 161

12 AAC 16.120 Disturbance

Repealed.

History

Eff. 3/8/71, Register 37; am 9/30/81, Register 79; repealed 1/6/2002, Register 161

12 AAC 16.130 State chiropractic examination

(a) The state chiropractic examination consists of a written examination, administered by the board or the board's agent, covering AS 08.01 - AS 08.03, AS 08.20, 12 AAC 02, 12 AAC 16, and 7 AAC 18, and any other subjects that the board determines are necessary to demonstrate knowledge of chiropractic as defined in AS 08.20.

(b) Repealed 6/28/2024.

History

Authority: AS 08.20.055; AS 08.20.120; AS 08.20.130
Eff. 3/8/71, Register 37; am 9/30/81, Register 79; am 10/21/82, Register 84; am 4/22/83, Register 86; am 6/3/89, Register 110; am 5/10/90, Register 114; am 5/10/98, Register 146; am 1/6/2002, Register 161; am 8/20/2004, Register 171; am 8/14/2010, Register 195; am 2/23/2020, Register 233; am 8/30/2020, Register 235; am 6/28/2024, Register 250

12 AAC 16.140 Failed subjects

Repealed.

History

Eff. 3/8/71, Register 37; am 6/3/89, Register 110; repealed 5/10/98, Register 146

12 AAC 16.150 Reexamination

An applicant who has failed the state chiropractic examination may submit an application for reexamination to the board not sooner than seven days after the date the applicant failed the examination. The application for reexamination must include

(1) a written request for reexamination; and

(2) repealed 5/10/98;

(3) the examination fee established in 12 AAC 02.150.

History

Authority: AS 08.20.055; AS 08.20.130
Eff. 3/8/71, Register 37; am 6/3/89, Register 110; am 5/10/98, Register 146; am 1/6/2002, Register 161; am 5/27/2006, Register 178; am 6/28/2024, Register 250

12 AAC 16.160 Time

Repealed 9/30/81.

12 AAC 16.170 Special examination

Repealed.

History

Eff. 3/8/71, Register 37; am 1/6/2002, Register 161; am 5/27/2006, Register 178; repealed 6/28/2024, Register 250

12 AAC 16.180 Reconsideration of papers

Repealed 6/3/89.

12 AAC 16.185 Examiners

Repealed.

History

Eff. 8/21/91, Register 119; repealed 5/10/98, Register 146

12 AAC 16.190 Licenses and certificates

Repealed.

History

Eff. 3/8/71, Register 37; am 9/30/81, Register 79; repealed 1/29/2009, Register 189

12 AAC 16.200 Temporary permits

(a) The board may issue a temporary permit to an applicant for licensure by examination or credentials who is scheduled to sit for the next state chiropractic examination and who otherwise

(1) meets the requirements of 12 AAC 16.030 or 12 AAC 16.033, as applicable;

(2) furnishes the board with the name of the licensed chiropractor in the state with whom the applicant will associate while practicing under the authority of the temporary permit;

(3) has not previously taken and failed the examination; and

(4) has not previously held a temporary permit.

(b) Repealed 12/7/97.

(1) provide the board with a statement, sworn to by a licensed chiropractor in the state with whom the temporary permit holder will practice, that the licensed chiropractor assumes all legal liability for the practice of the temporary permit holder and is physically present in the same facility when the temporary permit holder is practicing;

(2) display the temporary permit in a conspicuous place in the office where the holder practices chiropractic; and

(3) inform the board of a change in the temporary permit holder's mailing and practicing address.

(d) A temporary permit is valid until the results of the next scheduled examination are received by the applicant. If an applicant is unable to appear for the first scheduled examination, the board will, in its discretion, extend the temporary permit until the results of the next scheduled examination are received. The board will not extend a temporary permit more than once.

(e) If, after having been warned by the board once, a permittee continues to practice in an unethical or unlawful manner, the board will, in its discretion, terminate that permittee's temporary permit.

History

Authority: AS 08.20.055; AS 08.20.160; AS 08.20.170
Eff. 3/8/71, Register 37; am 3/31/82, Register 81; am 10/21/82, Register 84; am 8/21/91, Register 119; am 12/7/97, Register 144; am 6/10/2000, Register 154; am 5/27/2006, Register 178; am 6/28/2024, Register 250

12 AAC 16.205 Courtesy license

(a) The board will issue a courtesy license to an applicant who meets the requirements of this section. A courtesy license authorizes the licensee to practice chiropractic for a special event only. A courtesy license does not authorize the licensee to conduct a general chiropractic practice or to perform services outside the scope of practice specified in the courtesy license required for that special event.

(b) An applicant for a courtesy license must submit a complete application on a form provided by the department no later than 45 days before the special event for which the courtesy license is requested. A complete application includes

(1) the applicable fees established in 12 AAC 02.150;

(2) a current signed photograph of the applicant;

(3) a certification from the applicant certifying that the applicant is not a resident of this state;

(4) verification of a valid and active license to practice chiropractic in another state or other jurisdiction for the scope of practice specified in the application;

(5) a description of the special event for which the courtesy license is requested;

(6) the scope of practice required for the special event;

(7) certification that the applicant has not

(A) had a chiropractor license suspended or revoked in any jurisdiction; and

(B) been convicted of

(i) a felony or other crime that affects the applicant's ability to practice chiropractic competently and safely; or

(ii) a crime involving the unlawful procurement, sale, prescription, or dispensing of a controlled substance listed in AS 11.71.140 - 11.71.190 or conviction in another jurisdiction of a crime having substantially similar elements;

(8) a report, issued by the applicant's primary state of residence no earlier than 90 days before the application, and that is equivalent to a report under AS 12.62 issued by this state containing criminal history record information concerning the applicant; if the applicant holds or has ever held a license in a state other than this state to practice chiropractic, a complete application also includes a report, issued by that state no earlier than 90 days before the application, and that is equivalent to a report under AS 12.62 issued by this state containing criminal history record information concerning the applicant.

(c) A courtesy license will be issued only after the department receives the results of a background check of the applicant from the Federation of Chiropractic Licensing Boards that reports no disciplinary action against the applicant.

(d) The board will waive the 45-day application deadline in (b) of this section if the board determines that the applicant's failure to meet the application deadline is for good cause beyond the control of the applicant. If the board grants the applicant a waiver under this subsection, the applicant may submit a notarized copy of the applicant's license that meets the requirements of (b)(4) of this section in place of license verification from the other jurisdiction.

(e) A document required by (b) or (d) of this section that is not in English must be accompanied by a certified English translation of the document.

(f) A courtesy license is valid for a period beginning seven days before and ending seven days after the event for which the courtesy license was issued. A person may not be issued more than two courtesy licenses in a 12-month period.

(g) The holder of a courtesy license must meet the minimum professional standards of 12 AAC 16.920 and is subject to the discipline under AS 08.01.075 and AS 08.20.170.

(h) The holder of a courtesy license is limited to the practice of chiropractic identified under AS 08.20.100, 08.20.230, and 08.20.900, and may not exceed the scope of practice specified in the courtesy license.

(i) The holder of a courtesy license may offer chiropractic services only to those individuals involved with the special event for which the courtesy license was issued, such as athletes, coaches, and staff.

(j) In this section, "special event" means an athletic, educational, cultural, or performing arts event held in this state.

History

Authority: AS 08.01.062; AS 08.20.055; AS 08.20.170
Eff. 11/21/2004, Register 172; am 8/14/2010, Register 195; am 2/23/2020, Register 233

12 AAC 16.206 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a chiropractic physician who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a completed application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is currently licensed in another licensing jurisdiction and the applicant's license in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements; and

(5) may not have been convicted of a crime that affects the applicant's ability to practice chiropractic competently and safely, as determined by the board.

(d) While practicing under a temporary military courtesy license issued under this section, the holder of the temporary military courtesy license must comply with the standards of practice set out in AS 08.20 and this chapter.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.20.170.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.20.055

Article 3 Continuing Education

12 AAC 16.280 Statement of purpose of continuing education

The purpose of continuing chiropractic education is to insure that the renewal of licenses is contingent upon proof of continued competency and to assure the consumer of an optimum quality of chiropractic health care by requiring licensed chiropractors to pursue education designed to advance their professional skills and knowledge.

History

Authority: AS 08.20.055; AS 08.20.170(d)
Eff. 6/29/84, Register 90

12 AAC 16.290 Hours of continuing education required

(a) An applicant for renewal of a chiropractic license who has been licensed at least two years must complete 32 credit hours of approved continuing education that was earned during the concluding licensing period including at least

(1) eight hours in radiographic safety, radiographic techniques and interpretation, or diagnostic imaging;

(2) two hours in coding and documentation;

(3) two hours in ethics and boundaries; and

(4) two hours in cardiopulmonary resuscitation (CPR) training.

(b) An applicant for renewal of a chiropractic license who has been licensed at least one year but less than two years of the concluding license period must complete 16 credit hours of approved continuing education that was earned during the concluding licensing period including at least

(1) eight hours in radiographic safety, radiographic techniques and interpretation, or diagnostic imaging;

(2) two hours in coding and documentation;

(3) two hours in ethics and boundaries; and

(4) two hours in cardiopulmonary resuscitation (CPR) training.

(c) Two of the hours required under (a) of this section will be credited to each applicant for renewal for completing the jurisprudence review prepared by the board, covering the provisions of AS 08.20 and this chapter. An applicant for renewal must verify, in an affidavit, that the applicant has complied with this subsection before the applicant's license renewal will be processed.

(d) An applicant for renewal of a license to practice chiropractic must submit, on a form provided by the department, a sworn statement of the continuing education that the applicant completed during the concluding licensing period.

(e) An applicant for renewal of a chiropractic license may receive up to four hours of the credit required under (a) of this section from one or more of the following subject areas:

(1) cardiopulmonary resuscitation (CPR) training;

(2) automated external defibrillator (AED) training;

(3) basic life support (BLS) training.

(f) Not more than 16 credit hours of the credit hours required under (a) of this section for a renewal of a chiropractic license may be obtained over the Internet or by distance learning.

(g) An applicant applying for renewal who has been licensed more than 90 days but less than one year of the concluding biennial license period is not required to submit proof of completion of continuing education.

History

Authority: AS 08.20.055; AS 08.20.170
Eff. 6/29/84, Register 90; am 5/10/90, Register 114; am 12/7/97, Register 144; am 5/8/99, Register 150; am 1/29/2009, Reigster 189; am 11/28/2009, Register 192; am 8/14/2010, Register 195; am 9/7/2012, Register 203; am 2/23/2020, Register 233

12 AAC 16.300 Computation of nonacademic continuing education hours

(a) For the purposes of 12 AAC 16.280 - 12 AAC 16.390, 50 minutes of instruction constitutes one hour.

(b) Credit is given only for class hours and not for hours devoted to class preparation.

History

Authority: AS 08.20.055; AS 08.20.170(d)
Eff. 6/29/84, Register 90

12 AAC 16.310 Computation of academic credit continuing education hours

(a) One quarter hour academic credit from a college or university constitutes 10 hours of continuing education.

(b) One semester hour academic credit from a college or university constitutes 15 hours of continuing education.

History

Authority: AS 08.20.055; AS 08.20.170(d)
Eff. 6/29/84, Register 90

12 AAC 16.320 Approved subjects

To be approved by the board, a subject must contribute directly to the professional competency of a person licensed to practice as a chiropractor and be directly related to the concepts of chiropractic principles, philosophy, and practice, including the following:

(1) treatment and adjustment technique, including physiotherapy, nutrition and dietetics;

(2) examination and diagnosis or analysis including physical, laboratory, orthopedic, neurological and differential;

(3) radiographic technique and interpretation, involving all phases of roentgenology as permitted by law;

(4) study of the methods employed in the prevention of excessive radiation and safety precautions to the patient; and

(5) diagnostic imaging.

History

Authority: AS 08.20.055; AS 08.20.170
Eff. 6/9/84, Register 90; am 5/10/90, Register 114; am 1/6/2002, Register 161

12 AAC 16.330 Nonacademic program criteria

(a) Nonacademic continuing education programs requiring class attendance are approved by the board if

(1) the program is at least one hour in length;

(2) the program is conducted by a qualified instructor;

(3) a record of registration or attendance is maintained; and

(4) an examination or other method of assuring satisfactory completion of program by participant is incorporated.

(b) A qualified instructor or discussion leader is anyone whose background, training, education or experience makes it appropriate for the person to lead a discussion on the subject matter of the particular program.

History

Authority: AS 08.20.055; AS 08.20.170(d)
Eff. 6/29/84, Register 90

12 AAC 16.340 Approved nonacademic continuing education programs

(a) The following programs are approved by the board:

(1) educational meetings of the following associations if the documentation required under 12 AAC 16.290 demonstrates that the meeting meets the requirements set out under 12 AAC 16.320 and 12 AAC 16.330:

(A) American Chiropractic Association;

(B) International Chiropractors Association;

(D) Alaska Chiropractic Society;

(2) educational classes, if

(A) they are conducted by any chiropractic college that is accredited by or has accreditation status with the Council on Chiropractic Education; and

(B) the program sponsor or the applicant for renewal of a chiropractic license

(i) requests board approval; and

(ii) demonstrates to the board's satisfaction that the educational classes meet the requirements of 12 AAC 16.320 and 12 AAC 16.330;

(3) continuing education programs that are certified by the Providers of Approved Continuing Education through the Federation of Chiropractic Licensing Boards.

(b) The board may approve other continuing education programs under 12 AAC 16.345.

History

Authority: AS 08.20.055; AS 08.20.120; AS 08.20.170
Eff. 6/29/84, Register 90; add'l am 6/29/84, Register 90; am 6/10/2000, Register 154; am 5/27/2006, Register 178; am 1/29/2009, Register 189; am 2/23/2025, Register 253

12 AAC 16.345 Application for continuing education course approval

(a) Except as provided in 12 AAC 16.340(a), to be approved by the board to meet the continuing education requirements of 12 AAC 16.290, 12 AAC 16.320, and 12 AAC 16.330, an applicant for continuing education course approval shall submit to the board, not less than 90 days before the date of the proposed program presentation date,

(1) a completed application on a form provided by the department;

(2) the continuing education course approval fee specified in 12 AAC 02.150;

(3) the name of the course provider;

(4) a complete course description, including the course title and a description of the learning objectives;

(5) a course syllabus; and

(6) an outline of the major topics covered by the course and the number of classroom hours allowed for each topic.

(b) Approval of a continuing education course under this section is valid until December 31 of the next even-numbered year.

(c) A sponsor who has a change in a condition required under (a)(3) - (6) of this section during the approval period described in (b) of this section must

(1) reapply to the board for continuing education credit approval; and

(2) submit the continuing education course change approval fee specified in 12 AAC 150.

(d) Notwithstanding the provisions of (a) of this section, the board may award continuing education credit for attendance at a course or seminar that has not previously been approved by the board if course or seminar meets the requirements of 12 AAC 16.320 and 12 AAC 16.330 and if the applicant submits supporting documentation to the board with the application for credit. The amount of credit awarded, if any, will be determined by the board on an individual basis.

(e) Falsification of any written evidence submitted to the board under this section is unprofessional conduct and constitutes grounds for censure, reprimand, or license revocation or suspension.

History

Authority: AS 08.20.055; AS 08.20.170
Eff. 1/29/2009, Register 189

12 AAC 16.350 Individual study

The number of hours of continuing education credit awarded for completion of a formal correspondence or other individual study program that requires registration and provides evidence of satisfactory completion will be determined by the board on an individual basis. A request for board approval for credit of hours of continuing education for an individual study program must be made to the board in writing before the applicant begins the individual study program.

History

Authority: AS 08.20.055; AS 08.20.170
Eff. 6/29/84, Register 90; am 12/7/97, Register 144; am 8/20/2004, Register 171; am 9/7/2012, Register 203

12 AAC 16.360 Instructor or discussion leader

(a) One hour of continuing education credit is awarded for each hour completed in preparation for instruction or discussion as an instructor or discussion leader of educational programs meeting the requirements of 12 AAC 16.280 - 12 AAC 16.390. The number of hours of credit so awarded may not exceed twice the number of hours awarded under (b) of this section.

(b) One hour of continuing education credit is awarded for each hour completed as an instructor or discussion leader of educational programs meeting the requirements of 12 AAC 16.280 - 12 AAC 16.390. Credit is awarded only for the initial course of instruction of the subject matter unless there have been substantial new developments in the subject since the prior presentation.

(c) The total credit awarded under this section may not exceed one-third of the total hours of continuing education reported in any licensing period.

History

Authority: AS 08.20.055; AS 08.20.170(d)
Eff. 6/29/84, Register 90

12 AAC 16.370 Publications

Continuing education credit may be awarded for publication of articles or books. The amount of credit so awarded will be determined by the board on an individual basis.

History

Authority: AS 08.20.055; AS 08.20.170(d)
Eff. 6/29/84, Register 90

12 AAC 16.380 Report of continuing education

Repealed.

History

Eff. 6/29/84, Register 90; am 5/8/99, Register 150; repealed 1/29/2009, Register 189

12 AAC 16.390 Renewal and reinstatement of license

(a) The department will renew a license that has been lapsed or in retired status for less than two years if the applicant submits

(1) a completed application for renewal on a form provided by the department;

(2) the following fees established in 12 AAC 02.150:

(A) biennial license renewal fee;

(B) delayed renewal penalty fee, if the license has been lapsed for more than 60 days, but less than two years; and

(3) documentation that all continuing education requirements of 12 AAC 16.290 - 12 AAC 16.370 have been met.

(b) Unless the board finds that reinstatement of a license is contrary to AS 08.20.170, the board will reinstate a license that has been lapsed or in retired status for at least two years, but less than five years if the applicant

(1) submits an application for reinstatement on a form provided by the department;

(2) submits the applicable fees established in 12 AAC 02.150;

(3) submits documentation of completion of all continuing education requirements in 12 AAC 16.290 - 12 AAC 16.370 that would have been required to maintain a current license for the entire period that the license has been lapsed or in retired status; and

(4) passes the state chiropractic examination under 12 AAC 16.130.

(c) A person may not reinstate a license that has been lapsed or in retired status for five years or more at the time of application for reinstatement, and the former licensee must apply for a new license under AS 08.20 and this chapter.

(d) A licensee unable to obtain the required continuing education hours for renewal or reinstatement of a license due to reasonable cause or excusable neglect may submit a request for an exemption in writing to the board, accompanied by a statement explaining the reasonable cause or excusable neglect. If an exemption is granted, the board may prescribe an alternative method of compliance to the continuing education requirements as determined appropriate by the board for the individual situation.

(e) In this section, "reasonable cause or excusable neglect" includes

(1) chronic illness;

(2) retirement; or

(3) a hardship, as individually determined by the board.

History

Authority: AS 08.01.100; AS 08.20.167 AS 08.20.055; AS 08.20.170
Eff. 6/29/84, Register 90; am 6/3/89, Register 110; am 5/8/99, Register 150; am 1/6/2002, Register 161; am 1/29/2009, Register 189; am 11/28/2010, Register 196; am 6/28/2024, Register 250

Article 4 Utilization Review

12 AAC 16.400 Utilization review committee

(a) For the purposes of AS 08.20.185, the board may appoint a utilization review committee that is advisory to the board.

(b) A utilization review committee appointed by the board will consist of four individuals. Three members of the utilization review committee must be chiropractic physicians licensed under AS 08.20, and one member must be a public member who meets the requirements of AS 08.01.025.

(c) A member of a utilization review committee may not review a case if the member is in a direct business relationship with the chiropractic physician, insurer, or patient in the case being reviewed.

(d) In this section, a "direct business relationship" includes an employer-employee relationship, doctor-patient relationship, and a legal contractual relationship.

History

Authority: AS 08.20.055; AS 08.20.185
Eff. 2/21/97, Register 141; am 2/23/2020, Register 233

12 AAC 16.410 Term of appointments to utilization review committee

(a) Members of the utilization review committee are appointed for staggered terms of two years.

(b) Repealed 1/29/2009.

(d) A member of the utilization review committee may not serve on the committee for more than four consecutive years. The member may not be reappointed until two years have elapsed since the member last served on the committee.

History

Authority: AS 08.20.055; AS 08.20.185
Eff. 2/21/97, Register 141; am 1/29/2009, Register 189; am 2/23/2020, Register 233

12 AAC 16.420 Conduct of utilization review

(a) A patient, patient's representative, insurer, or the patient's chiropractic physician may file a request for utilization review with the board by submitting to the department

(1) a written request for review of the care provided, fees charged, or services rendered by a licensee to a patient;

(2) the utilization review fee established in 12 AAC 02.150; and

(3) if the utilization review committee requires a patient's treatment records for review, a completed release, on a form provided by the department, signed by the patient.

(b) A licensee's acceptance of or request for payment for treatment given to a patient constitutes the licensee's consent to submit to the utilization review committee the information required in (c) of this section.

(c) A licensee involved in a case submitted to the utilization review committee shall submit to the utilization review committee all necessary records and other information concerning the patient's treatment.

(d) The utilization review committee shall conduct a utilization review for each request for utilization review submitted to it in accordance with guidelines established by the board. Except as provided in (f) of this section, the utilization review committee shall report its findings to the board and furnish a copy of its findings to the patient, licensee, and third-party payor involved in the case.

(e) The findings of the utilization review committee must include a determination of whether the

(1) licensee provided or ordered appropriate treatment or services; and

(2) fees charged are a reasonable and appropriate cost of treatment; in determining the reasonableness and appropriateness of costs, the committee may consider, among other appropriate factors, charges by health care providers other than chiropractic physicians for the same or similar services.

(f) If the utilization review committee determines that reasonable cause exists to believe the licensee has violated a provision of AS 08.20 or this chapter for which a licensee may be disciplined, the utilization review committee may not report its finding to the board, but instead shall refer the matter to the department's investigative section. The utilization review committee shall provide all information gathered in connection with the utilization review to the department's investigative section.

(g) Repealed 1/6/2002.

History

Authority: AS 08.20.055; AS 08.20.185
Eff. 2/21/97, Register 141; am 1/6/2002, Register 161; am 8/20/2004, Register 171; am 5/27/2006, Register 178; am 2/23/2020, Register 233

12 AAC 16.430 Professional standards and guidelines

(a) When making a determination as to whether a licensee provided reasonable and appropriate treatment or services or charged reasonable and appropriate costs of treatment to a patient, the utilization review committee appointed under 12 AAC 16.400 may rely on the guidelines, standards, or recommendations of the following organizations accepted by the board:

(1) Alaska Worker's Compensation Board;

(2) American Chiropractic Association;

(3) Canadian Chiropractic Association;

(4) Council on Chiropractic Education;

(5) Croft Guidelines published by the Spine Research Institute of San Diego;

(6) Federation of Chiropractic Licensing Boards;

(7) repealed 9/7/2012;

(8) International Chiropractors Association;

(9) National Board of Chiropractic Examiners;

(10) World Chiropractic Alliance;

(11) World Federation of Chiropractic;

(12) a successor organization to an organization specified in this subsection.

(b) The utilization review committee shall take into consideration the differences between the standards and guidelines of the organizations listed in (a) of this section when making a determination as to whether the care provided by the licensee was provided in a manner required of a reasonably competent practitioner acting under the same or similar circumstances.

History

Authority: AS 08.20.055; AS 08.20.185
Eff. 1/6/2002, Register 161; am 11/28/2009, Register 192; am 9/7/2012, Register 203; am 2/23/2020, Register 233

Article 5 General Provisions

12 AAC 16.900 Violations

It is the duty of all members of the board to report to the department instances of alleged violations of AS 08.20.100. The department shall inform a new licensee in the state that it is his or her duty to report to the board all known instances of suspected unlicensed practice of chiropractic.

History

Authority: AS 08.20.055; AS 08.20.100
Eff. 6/29/84, Register 90; am 6/3/89, Register 110

12 AAC 16.920 Minimum professional standards

(a) Chiropractic care that may adversely affect the health and welfare of the public constitutes conduct that does not conform to minimum professional standards established under AS 08.20.170(a)(5) and this section. Conduct that does not conform to minimum professional standards in this chapter includes

(1) failing to use sufficient knowledge, skills, or judgment in the practice of chiropractic;

(2) failing to perform patient care within the chiropractor's scope of competence, which are necessary to prevent substantial risk or harm to a patient;

(3) engaging in patient care outside the scope of chiropractic practice;

(4) engaging in patient care outside the scope of the chiropractor's training and expertise;

(5) violating established protocols in the delivery of chiropractic treatment or care;

(6) violating the confidentiality of information or knowledge concerning a patient;

(7) physically or verbally abusing a patient;

(8) failing to maintain a record for a patient that accurately reflects the chiropractic problems and interventions for the patient;

(9) falsifying a patient's records;

(10) intentionally making an incorrect entry in a patient's chart;

(11) discrimination in the provision of chiropractic care on the basis of race, religion, color, national origin, ancestry, or sex;

(12) exploiting a patient for financial gain or offering, giving, soliciting, or receiving fees for referral of a patient;

(13) knowingly violating laws regulating health insurance, including those laws established in AS 21.36.360;

(14) using unsanitary or unsafe equipment;

(15) failing to adhere to the Code of Ethics of the American Chiropractic Association, as revised as of September 2007, adopted by reference;

(16) failing to provide copies of complete patient records in the licensee's custody and control within 30 days after receipt of a written request for the records from the patient or patient's guardian.

(b) A licensee shall evaluate patient care on an individual basis and make a reasonable judgment on the course of treatment for each patient.

History

Authority: AS 08.20.055; AS 08.20.100; AS 08.20.170
Eff. 1/6/2002, Register 161; am 5/27/2006, Register 178; am 1/29/2009, Register 189

12 AAC 16.930 Lewd or immoral conduct with patients prohibited

(a) A licensee may not engage in lewd or immoral conduct in connection with the delivery of professional services to a patient or solicit sexual contact or a romantic relationship with a patient.

(b) It is a defense to a disciplinary action alleging a violation of this section that

(1) at the time of, or immediately preceding, the contact the patient was the licensee's spouse, or was in a dating, courtship, or engagement relationship with the licensee; or

(2) the licensee terminated the doctor-patient professional relationship with the former patient more than six months before the contact occurred.

(1) with the consent of the patient;

(2) outside professional treatment sessions; or

(3) off of the premises regularly used by the licensee for the professional treatment of patients.

(d) As used in AS 08.20.170(a)(8) and this section, "lewd or immoral conduct" includes sexual misconduct, sexual contact, or attempted sexual contact, with a patient outside the scope of generally accepted methods of examination or treatment of the patient during the time the patient is receiving professional treatment from the licensee.

(e) As used in this section,

(1) "attempted sexual contact" means engaging in conduct that constitutes a substantial step towards sexual contact;

(2) "sexual contact"

(A) means touching, directly or through clothing, a patient's genitals, anus, or female breast, or causing the patient to touch, directly or through clothing, the licensee's or patient's genitals, anus, or female breast;

(B) includes sexual penetration;

(i) that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; or

(ii) performed for the purpose of administering a recognized and lawful form of chiropractic examination or treatment that is reasonably adapted to promoting the physical or mental health of the person being treated;

(3) "sexual misconduct" means behavior, a gesture, or an expression that may reasonably be interpreted as seductive, sexually suggestive, or sexually demeaning to a patient; "sexual misconduct" includes

(A) encouraging the patient to masturbate in the presence of the licensee or masturbation by the licensee while the patient is present;

(B) offering to provide to a patient controlled substances or other drugs in exchange for sexual contact;

(C) disrobing or draping practice that is seductive, sexually suggestive, or sexually demeaning to a patient, such as deliberately watching a patient dress or undress or failing to provide privacy for disrobing;

(D) making a comment about or to the patient that is seductive, sexually suggestive, or sexually demeaning to a patient, including

(i) sexual comment about a patient's body or underclothing;

(ii) sexualized or sexually demeaning comment to a patient;

(iii) demeaning or degrading comments to the patient about the patient's sexual orientation, regardless of whether the patient is homosexual, heterosexual, or bisexual;

(iv) comments about potential sexual performance of the patient during an examination or consultation, except when the examination or consultation is pertinent to the issue of sexual function or dysfunction;

(v) requesting details of sexual history or sexual likes or dislikes of the patient if the details are not clinically indicated for the type of examination or consultation;

(E) initiation by the licensee of conversation with a patient regarding the sexual problems, preferences, or fantasies of the licensee;

(F) using the doctor-patient professional relationship with the patient to solicit sexual contact or a romantic relationship with the patient or another;

(G) kissing a patient in a romantic or sexual manner;

(4) "sexual penetration"

(A) means genital intercourse, cunnilingus, fellatio, anal intercourse, or an intrusion, however slight, of an object or any part of a person's body into the genitals or anus of another person's body; each party to any of the acts defined as "sexual penetration" is considered to be engaged in sexual penetration;

(B) does not include acts performed for the purpose of administering a recognized and lawful form of chiropractic examination or treatment that is reasonably adapted to promoting the physical health of the person being treated.

History

Authority: AS 08.20.055; AS 08.20.170
Eff. 5/27/2006, Register 178

12 AAC 16.980 "Misrepresentation" defined

In AS 08.20.170, "misrepresentation" means

(1) the use of any advertising in which untruthful, exaggerated, improper, misleading or deceptive statements are made;

(2) impersonation of another practitioner;

(3) advertising or holding oneself out to have the ability to treat diseases or other abnormal conditions of the human body by any secret formula, method, or procedure;

(4) knowingly permitting or allowing another person to use a licensee's license or certificate in the practice of any system or mode of treating the sick or afflicted.

History

Authority: AS 08.20.055; AS 08.20.170(d)
Eff. 6/3/89, Register 110

12 AAC 16.990 Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "appropriate treatment or services" means treatment or services performed, because of a substantiated and properly diagnosed condition, that is consistent with that diagnosis as reviewed by the peer review committee appointed under 12 AAC 16.400;

(2) "board" means the Board of Chiropractic Examiners;

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

(4) "licensee" means a chiropractic physician licensed under AS 08.20;

(5) "reasonable and appropriate cost of treatment" means that charges submitted for services performed are necessary and reasonable charges in the judgment of the peer review committee appointed under 12 AAC 16.400;

(6) "criminal history record information" has the meaning given in AS 12.62.900.

(7) "general supervision" means the directing of the authorized activities by a licensed chiropractic physician and does not require the physical presence of the supervisor when directing those activities;

(8) "personal supervision" means that the licensed chiropractic physician is physically present at the same office location where the services are being furnished.

(b) In AS 08.20.900,

(1) "prescription drug" means a drug that

(A) under federal law, before being dispensed or delivered, is required to be labeled with either of the following statements:

(i) "Caution: Federal law prohibits dispensing without prescription";

(ii) "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian"; or

(B) is required by an applicable federal or state law or regulation to be dispensed only under a prescription drug order or is restricted to use by practitioners only;

(2) "surgery"

(A) means the use of a scalpel, sharp cutting instrument, laser, electrical current, or other device to incise or remove living tissue;

(B) does not include venipuncture or the removal of foreign objects from external tissue.

History

Authority: AS 08.20.055; AS 08.20.900
Eff. 6/29/84, Register 90; am 8/31/86, Register 99; am 6/3/89, Register 110; am 1/6/2002, Register 161; am 8/14/2010, Register 195; am 3/16/2011, Register 197; am 2/23/2020, Register 233

Chapter 18 Board of Social Work Examiners

Article 1 Application and Employment Requirements

12 AAC 18.050 Transitional license for baccalaureate social workers

Repealed.

History

Eff. 10/14/99, Register 152; repealed 8/29/2003, Register 167

12 AAC 18.100 Application for license by examination

(a) An applicant for licensure under this chapter by examination shall submit

(1) a completed and sworn application on a form provided by the department;

(2) the fees required in 12 AAC 02.155;

(3) certified college transcripts documenting all education in social work from a college or university approved by the board;

(4) if applying for licensure as a clinical social worker, verification of having completed the employment and supervision requirements of AS 08.95.110(a)(2) and 12 AAC 18.120;

(5) three professional references as described in AS 08.95.110 and 12 AAC 18.130; and

(6) a sworn statement regarding whether the applicant has ever been convicted of a felony, or has been convicted of a misdemeanor with the five years before the date of application, including a detailed explanation of the circumstances of any conviction.

(b) After the applicant has submitted the application, documents, and fees required in (a) of this section, the board will review the application to determine if the applicant meets the requirements of AS 08.95.110 and (a) of this section.

(c) Once an application is approved by the board, the applicant must sit for the examination within one year from the date of board approval. For good cause shown, the board will, in its discretion, grant a written request from an applicant for an extension of time to sit for the examination.

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 9/26/91, Register 119; am 9/15/94, Register 131; am 10/14/99, Register 152; am 2/28/2008, Register 189

12 AAC 18.105 Examination

(a) The examination required for licensure by examination under this chapter is the Association of Social Work Boards Examination, sponsored by the Association of Social Work Boards. The examination required for licensure as a

(1) clinical social worker is the clinical examination;

(2) master social worker is the intermediate examination; and

(3) baccalaureate social worker is the basic examination.

(b) To pass the examination, the applicant must achieve at least the minimum scaled score determined by the Association of Social Work Boards as the passing point for that version of the examination.

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 9/15/94, Register 131; am 10/14/99, Register 152; am 8/29/2003, Register 167

12 AAC 18.108 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a baccalaureate social worker, master social worker, or clinical social worker who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a completed application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(5) may not have been convicted of a crime that affects the applicant's ability to practice social work competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.01.075 and AS 08.95.050.

History

Authority: AS 08.01.062; AS 08.01.075; AS 08.95.050 AS 08.01.063; AS 08.95.030; AS 08.95.110
Eff. 9/11/2022, Register 243

12 AAC 18.110 Application for license by credentials

An applicant for licensure under this chapter by acceptance of credentials shall submit

(1) a completed and sworn application on a form provided by the department;

(2) the fees required in 12 AAC 02.155;

(3) verification of having completed continuing competency requirements established in 12 AAC 18.112;

(4) three professional references as described in AS 08.95.120 and 12 AAC 18.130; and

(5) verification of a current similar license in good standing from another licensing jurisdiction, that meets the requirements of AS 08.95.120, including a description of any disciplinary actions taken or pending; the license must be of the same type as that for which the applicant is applying.

History

Authority: AS 08.95.030; AS 08.95.120
Eff. 9/26/91, Register 119; am 10/14/99, Register 152; am 2/28/2009, Register 189

12 AAC 18.111 Emergency courtesy license

(a) In an urgent situation, the board may issue an emergency courtesy license to practice clinical social work to an applicant who has a license in good standing to practice clinical social work in another jurisdiction with licensing requirements at least equivalent to those of this state, and who meets the requirements of this section. The board may limit the scope of a license issued under this section, as appropriate to respond to the urgent situation.

(b) An applicant for an emergency courtesy license under this section must submit to the department a completed application on a form provided by the department. A complete application includes the applicable application and licensing fees established in 12 AAC 02.155, verification of a current license in good standing to practice clinical social work in another state or other jurisdiction, and certification that the applicant is not under investigation in the state or other jurisdiction in which the applicant is licensed.

(c) An emergency courtesy license issued under this section is valid for the period specified by the board and may not exceed 90 consecutive days. An emergency courtesy license may be renewed for one additional period specified by the board, not to exceed 90 consecutive days.

(d) While practicing under an emergency courtesy license issued under this section, the holder of the license must comply with the standards of practice set out in AS 08.95 and this chapter and is subject to discipline for actions taken or omitted while practicing under the emergency courtesy license.

(e) The board may refuse to issue an emergency courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.95.050.

(f) In this section, "urgent situation" means a health crisis that requires increased availability of clinical social workers.

History

Authority: AS 08.01.062; AS 08.95.030; AS 08.95.110
Eff. 11/30/2020, Register 237

12 AAC 18.112 Continued competency

Proof of continued competency satisfactory to the board includes

(1) successful passage of the applicable examination in 12 AAC 18.105 within the two years immediately before the application; or

(2) verification of completion within the five years immediately preceding application of

(A) 1,500 hours of work as a social worker while holding a license similar to that for which application has been made; and

(B) the continuing education requirements described in 12 AAC 18.210(b)(1), (3), (4), and (5).

History

Authority: AS 08.95.030; AS 08.95.120
Eff. 10/14/99, Register 152; am 8/29/2003, Register 167; am 3/26/2020, Register 233; am 10/16/2022, Register 244; am 6/11/2023, Register 246; am 11/29/2024, Register 252

12 AAC 18.113 Clinical supervisor requirements for a licensing period that begins after June 30, 2026

For a licensing period that begins after June 30, 2026,

(1) clinical supervision may only be provided by a clinical social worker, psychologist, or psychiatrist who

(A) has not less than three years of experience as a licensed clinical social worker, psychologist, or psychiatrist;

(B) holds an unrestricted license to practice clinical social work, psychology, or psychiatry in the state or other licensing jurisdiction during the period of supervision; and

(2) a clinical supervisor shall complete an additional six hours of continuing education in supervision or supervisory practices during each biennial licensing period.

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 11/29/2024, Register 252

12 AAC 18.115 Supervision of experience for clinical social work license

(a) To meet the requirements of AS 08.95.110(a)(2), an applicant for a clinical social work license must document at least 100 hours of direct clinical supervision equitably distributed throughout the supervised period. No more than 50 hours required by this subsection may be in group supervision. For good cause shown, the board may grant a written request from an applicant for an exception to the limitation on the number of group supervision hours.

(b) Before July 1, 2026, the board may approve the supervision of experience of an applicant for a clinical social work license to satisfy the requirements of AS 08.95.110(a)(2) if the clinical supervisor

(1) documents the applicant's supervised experience on a form provided by the department; and

(2) is a clinical social worker, psychologist, or psychiatrist who holds an unrestricted license to practice that profession in this state or other licensing jurisdiction during the period of supervision.

(1) for a licensing period that begins after June 30, 2026, the direct clinical supervision must be conducted by a clinical supervisor who meets the requirements set out under 12 AAC 18.113;

(2) the applicant's supervised direct clinical supervision experience must be documented by the clinical supervisor on a form provided by the department;

(3) direct clinical supervision must be provided in face-to-face meetings between the supervisor and the applicant unless the board, for good cause shown, has granted an exception to allow an alternate supervision method;

(4) the applicant must provide a written release to the board from the administrator of the applicant's agency for the applicant to be supervised outside the applicant's agency setting if direct clinical supervision is not provided to the applicant within the applicant's agency of employment; and

(5) the clinical supervisor must be responsible for the applicant's direct clinical supervision within the following content areas:

(A) clinical skills;

(B) practice management skills;

(D) professional identity development;

(E) ethical practice; and

(F) legal and regulatory requirements.

(d) Repealed 9/11/2022.

(e) For good cause shown, the board may permit an applicant to receive an alternate supervision method that varies from the requirements of this section if the applicant

(1) submits the alternate plan to the board on a form provided by the department; and

(2) receives the board's approval of the alternate plan before the applicant begins the alternate supervised experience.

(f) In this section, "face-to-face meetings" are meetings in which a supervisor and an applicant can speak and hear simultaneously. Face-to-face meetings may occur in person or by means of any electronic means of communication that allows the supervisor and applicant to speak and hear simultaneously.

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 10/14/99, Register 152; am 10/31/2008, Register 188; am 9/11/2022, Register 243; am 11/29/2024, Register 252

12 AAC 18.120 Employment requirement

(a) The employment required for licensure under AS 08.95.110 must be employment in postgraduate clinical social work as an intern in a social work program approved by the board that requires the use of social work principles and methods, as defined in AS 08.95.990, including

(1) intervention directed at interpersonal interactions;

(2) intrapsychic dynamics;

(3) life-support and management issues;

(4) assessment;

(5) diagnosis;

(6) treatment, including psychotherapy and counseling;

(7) client-centered advocacy;

(8) consultation; and

(9) evaluation.

(b) For the purposes of this section, "intern in a social work program" means a person with a master or doctorate degree in social work who is practicing clinical social work for the purpose of satisfying the employment in postgraduate clinical social work requirements of AS 08.95.110(a)(2) under the supervision of a person who meets the requirements of AS 08.95.110(a)(2).

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 9/26/91, Register 119; am 5/11/2012, Register 202

12 AAC 18.130 Professional references

(a) Except for references from current or former employers required under AS 08.95.110 or AS 08.95.120, an applicant for licensure under this chapter must submit references that meet the requirements in (b) of this section.

(b) A letter of professional reference required for licensure under this chapter will be considered by the board only if the person providing the reference is a

(1) master's or doctorate degree social worker;

(2) licensed psychological associate, clinical psychologist, or physician specializing in psychiatry;

(3) repealed 10/14/99;

(4) licensed medical or osteopathic physician;

(5) licensed advanced nurse practitioner with a specialty area of practice in mental health;

(6) license registered nurse with a master's degree in psychiatric nursing;

(7) licensed marriage and family therapists; or

(8) licensed professional counselor.

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 9/26/91, Register 119; am 10/14/99, Register 152

12 AAC 18.140 Reasons for application denial

(a) The board will, in its discretion, deny an application for a license under AS 08.95.110 if the board finds that the applicant's history of felony or misdemeanor convictions make the applicant unfit for the license. The board will consider the number and recency of any convictions and the relationship those convictions may have to licensure under AS 08.95.110.

(b) Notwithstanding (a) of this section, a person who has been convicted of a felony crime against a person described in AS 11.41 within the ten years before the date of application, is unfit for licensure under AS 08.95.110, and that person's application for licensure under AS 08.95.110 will be denied.

(c) The board will deny an application for licensure under AS 08.95 if the board determines that the applicant provided false or misleading statements or information on the application that relates to the applicant's qualifications for licensure under AS 08.95.

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 9/26/91, Register 119; am 10/14/99, Register 152; am 2/28/2009, Register 189

12 AAC 18.150 Social worker code of ethics

A social worker licensed in the state shall adhere to the code of ethics adopted by the board under this section. The board adopts by reference the Code of Ethics of the National Association of Social Workers, 2021 edition, as the code of ethics for social workers licensed in the state.

History

Authority: AS 08.95.030; AS 08.95.110
Eff. 9/26/91, Register 119; am 10/14/99, Register 152; am 8/29/2003, Register 167; am 11/4/2015, Register 216; am 11/29/2024, Register 252

12 AAC 18.160 Standards of practice

A social worker licensed in this state shall adhere to the standards of practice adopted by the board under this section. The board adopts by reference the Model Social Work Practice Act Model Law Task Force, 1996 - 1997, with amendments, 1998 - 2012, with amendments, 2013 - 2015, with amendments, 2018, and the Model Regulatory Standards for Technology and Social Work Practice ASWB International Technology Task Force, 2013 - 2014 published by the Association of Social Work Boards, as the standards of practice for social workers licensed in this state.

History

Authority: AS 08.95.030
Eff. 10/14/99, Register 152; am 8/29/2003, Register 167; am 11/4/2015, Register 216; am 3/26/2020, Register 233

Article 2 License Renewal and Continuing Education

12 AAC 18.200 License renewal requirements

An applicant for renewal of a license under this chapter shall

(1) complete a sworn renewal application on a form provided by the department;

(2) pay the license renewal fee established in 12 AAC 02.155; and

(3) submit a sworn statement of the continuing education contact hours completed during the concluding licensing period, which must include the following information, if applicable, for each course, seminar, or workshop:

(A) the name of the sponsoring organization;

(B) the location of the course, seminar, or workshop;

(D) the principal instructor;

(E) the dates of attendance;

(F) the titles, issues, and dates of publications or presentations; and

(G) the number of continuing education contact hours claimed.

History

Authority: AS 08.95.030; AS 08.95.040
Eff. 9/26/91, Register 119; am 10/14/99, Register 152; am 2/28/2009, Register 189

12 AAC 18.210 Continuing education requirement

(a) A licensee applying for renewal of a social worker license shall complete the continuing education contact hours set out in this section for a biennial licensing period. For the licensee's

(1) first biennial renewal, the licensee shall complete

(A) 21 contact hours, if the licensee has been licensed for fewer than 12 months during the concluding biennial licensing period;

(B) 45 contact hours, if the licensee has been licensed for at least 12 months during the concluding biennial licensing period; or

(2) second or subsequent biennial renewal, the licensee shall complete 45 contact hours.

(b) To be eligible for renewal, a licensee shall complete the following minimum continuing education contact hours during each biennial licensing period:

(1) six contact hours in substance abuse education;

(2) six contact hours in cross-cultural education;

(A) for the first biennial renewal, all six hours must include issues relating to Alaska Natives;

(B) for the second or subsequent biennial renewal, at least three hours must include issues relating to Alaska Natives;

(3) three contact hours in professional ethics;

(4) three contact hours in teletherapy practice;

(5) three contact hours in suicide education.

(c) The board will only accept hours earned from an academic course that a licensee audited as continuing education contact hours if

(1) the licensee only claims the hours during which the licensee attended instructional class time; and

(2) the licensee does not claim more contact hours than the academic semester credit, academic quarter credit, or other academic credit hours offered for that course; for purposes of this paragraph,

(A) one academic semester credit equals 15 contact hours;

(B) one academic quarter credit equals 10 contact hours.

(d) A licensee applying for renewal shall complete at least 10 contact hours of the required continuing education contact hours under this section by attending live, live online, or synchronous training courses. The licensee may obtain the remaining hours through

(1) a correspondence program;

(2) a prerecorded videotape, audiocassette, digital medium, or other optical medium program;

(3) an asynchronous program; for purposes of this paragraph, "asynchronous" means non-real-time transmission of instruction, classwork, and discussion between an instructor and a student; or

(4) another individual study program.

(e) A licensee applying for renewal may not earn more than 12 contact hours of continuing education activities required under this section in one day.

(f) A licensee applying for renewal under this section may receive up to three hours of professional ethics continuing education credit under (b)(3) of this section once every biennial licensing period for each 150 minutes that the licensee attends a regularly scheduled board meeting.

(g) For the purposes of this section,

(1) one "contact hour" equals 50 to 60 minutes of classroom instruction between an instructor and a participant;

(2) "relating to Alaska Natives" means a structured educational experience, including a course, lecture, workshop, or other organized training that focuses on the indigenous peoples of Alaska as applicable to social work practice; and

(3) "teletherapy practice" means the use of audio, video, or data communication to perform, while physically separated from a client, the function or practice within the training required for licensure under AS 08.95 and this chapter.

History

Authority: AS 08.95.030; AS 08.95.040
Eff. 9/26/91, Register 119; am 10/14/99, Register 152; am 11/4/2015, Register 216; am 3/26/2020, Register 233; am 6/11/2023, Register 246; am 11/29/2024, Register 252

12 AAC 18.220 Approved continuing education activities

(a) To be accepted by the board, continuing education must contribute directly to the professional competency of a social worker and must be directly related to the skills and knowledge required to implement social work principles and methods as defined in AS 08.95.990.

(b) The following continuing education activities are acceptable if they are related to social work in accordance with (a) of this section:

(1) postgraduate courses in social work given by an academic institution, either audited or for credit;

(2) courses offered by or certified by the Association of Social Work Boards;

(3) courses offered by or certified by the National Association of Social Workers or any state chapter of the National Association of Social Workers;

(4) courses offered by a program accredited by the Council on Social Work Education;

(5) seminars, workshops, or mini-courses offered by professional organizations;

(6) cross-disciplinary courses, seminars, or workshops in the fields of medicine, law, behavioral sciences, or other disciplines;

(7) other courses not covered under (1) - (6) of this subsection that are specifically preapproved by the board, up to a maximum of 15 contact hours;

(8) first-time preparation and presentation of a social work course, seminar, or workshop, up to a maximum of 10 contact hours allocated among all social workers and other professionals involved; and

(9) first-time presentation or publication of an article or book chapter related to the practice of social work that was presented at a state or national association meeting or published by a publisher recognized by the profession, up to a maximum of 10 contact hours allocated among all social workers and other professionals involved.

History

Authority: AS 08.95.030; AS 08.95.040
Eff. 9/26/91, Register 119; am 10/14/99, Register 152; am 8/29/2003, Register 167

12 AAC 18.230 Audit of continuing education requirements

(a) After each renewal period the board will, in its discretion, audit renewal applications to monitor compliance with the continuing education requirements of this chapter.

(b) A licensee selected for audit shall, within 30 days from the date of notification, submit documentation to verify completion of the contact hours claimed under 12 AAC 18.210.

(c) An applicant for renewal is responsible for maintaining adequate and detailed records of all continuing education hours claimed and shall make them available to the board upon request under this section. Records must be retained for three years after the date the continuing education hours were earned.

History

Authority: AS 08.95.030; AS 08.95.040
Eff. 9/26/91, Register 119

Article 3 Teletherapy Practice

12 AAC 18.300 Requirements to practice teletherapy

A licensee may provide professional services under AS 08.95 through audio, video, or data communications when physically separated from the client, if the licensee is licensed under AS 08.95 and in good standing with the board.

History

Authority: AS 08.95.030; AS 08.95.050
Eff. 3/26/2020, Register 233

12 AAC 18.310 Scope of teletherapy practice

The practice of teletherapy under this chapter includes functions or practices that are within the training required for licensure under AS 08.95 and this chapter.

History

Authority: AS 08.95.030; AS 08.95.050
Eff. 3/26/2020, Register 233

12 AAC 18.320 Providing teletherapy

(a) Before providing teletherapy, a licensee shall determine that the client is intellectually, emotionally, and physically capable of using the technology and that the technology is appropriate for the needs of the client.

(b) If a licensee or client determines teletherapy is not appropriate, the licensee shall refer the client to a clinician local to the client for in-person services if available. If the client refuses referral, the licensee shall document the reasons for continuing to provide teletherapy.

(c) For each teletherapy session, a licensee shall verify the client's identity and record the client's identity in the client's file.

History

Authority: AS 08.95.030; AS 08.95.050
Eff. 3/26/2020, Register 233

12 AAC 18.330 Safety and confidentiality of communications

(a) A licensee shall advise each client about the risks of exchanging information by electronic communication and provide a disclaimer of the need to maintain confidentiality when communicating through electronic communication. Electronic communications are part of the client record; copies must be kept in a file maintained by the licensee in independent practices or within the licensee's agency record keeping policies.

(b) A licensee shall discourage a client from texting personal information. A licensee shall provide a disclaimer about the confidentiality risks when exchanging text messages. Text messages are considered a part of the client record; copies must be kept in a file maintained by the licensee.

(d) A licensee shall avoid unwanted interruptions during synchronous teletherapy sessions.

History

Authority: AS 08.95.030; AS 08.95.050
Eff. 3/26/2020, Register 233

Article 4 General Provisions

12 AAC 18.930 Student in a social work program under AS 08.95.100(a)(2)

(a) For the purposes of AS 08.95.100(a)(2), "student in a social work program approved by the board" includes

(1) a student enrolled in a social work degree program at a college or university approved by the board; and

(2) an "intern in a social work program" as defined in 12 AAC 18.120.

(b) Notwithstanding the provisions of this section, an intern in a social work program is not a student in a social work program approved by the board under this section if more than 10 years have passed since the person first became an intern in a social work program.

History

Authority: AS 08.95.030; AS 08.95.100; AS 08.95.110
Eff. 5/11/2012, Register 202

12 AAC 18.940 Board member absences

(a) The board may recommend to the governor that a member be removed from the board if that member has had three or more unexcused absences from regularly scheduled board meetings during the member's term on the board.

(b) Before the close of each regularly scheduled board meeting from which a member has been absent, the board will determine on the record whether the member's absence from that meeting was excused or unexcused. The board will excuse an absence if the absence was approved by the chairperson of the board 30 days before the scheduled meeting date or was due to an emergency.

History

Authority: AS 08.01.020; AS 08.95.030
Eff. 3/26/2020, Register 233

12 AAC 18.990 Definitions

In this chapter and in AS 08.95

(1) "college or university approved by the board" includes

(A) college or university social work degree programs that are accredited by the Council on Social Work Education; or

(B) social work degree programs from the University of Alaska;

(2) "conviction" means an adjudication that a person is guilty of a crime based upon a verdict or upon a plea of guilty or nolo contendere;

(3) "cross-cultural education" means a structured educational experience such as a course, lecture, workshop, or other organized training that focuses on characteristics of and differences among cultures or groups; cross-cultural education is not limited to clinical applications but should be relevant to the practice of social work; topics may include cross-cultural communications, contemporary anthropology, or Alaska Native cultures;

(4) "felony" means a crime classified as a felony in this state at the time the crime was committed; "felony" includes

(A) a conviction in another jurisdiction by a civilian or military court if the crime has elements similar to those of a felony under the law of this state at the time the offense was committed; and

(B) a completed suspended imposition of sentence, expungement of record, or a pardon of a felony conviction regardless of whether the conviction has been removed from a person's record;

(5) "professional incompetence" means lacking sufficient knowledge and skills in a field of practice in which a licensed social worker engages, to a degree likely to endanger the mental health or well-being of clients;

(6) "sexual contact" means sexual contact by a licensed social worker with a client; "sexual contact" includes

(A) behavior, gestures, or an expression that is seductive, sexually suggestive, or sexually demeaning to the client;

(B) engaging in, or attempting to engage in, sexual penetration with a client; "sexual penetration" has the meaning given in AS 11.81.900(b), as amended as of July 16, 1999, adopted by reference;

(7) "substance abuse education" means a structured educational experience such as a course, lecture, workshop, or other organized training that focuses on a misuse of psychoactive substances, as it applies to social work practices; "substance abuse education" does not include an educational experience that focuses on behavior addiction; for the purposes of this paragraph,

(A) "psychoactive substance" means a chemical substance that changes brain function and results in alterations in perception, mood, consciousness, cognition, or behavior, and includes alcohol, marijuana, prescription drugs, pharmaceuticals, or illegal substances;

(B) "behavior addiction" means a behavior that produces short-term reward that may create persistent behavior despite knowledge of adverse consequences and diminished control over the behavior;

(8) repealed 5/11/2012.

(9) "synchronous" means a real-time interaction between a licensee and a client occurring at exactly the same time, during which the licensee and client are able to communicate using real time;

(10) "teletherapy" means the use of audio, video, or data communications to perform functions or practices within the training required for licensure under AS 08.95 and this chapter and while physically separated from a client;

(11) "suicide education" means a structured educational experience such as a course, lecture, workshop, or other organized training that focuses on suicide awareness, prevention, intervention, or crisis management.

History

Authority: AS 08.95.030; AS 08.95.050 AS 08.95.040; AS 08.95.100
Eff. 9/26/91, Register 119; am 10/15/99, Register 152; am 5/11/2012, Register 202; am 3/26/2020, Register 233; am 6/11/2023, Register 246

Chapter 19 Board of Marital and Family Therapy

Article 1 Licensing Requirements

12 AAC 19.100 Transitional license

Repealed 8/24/2002.

History

Eff. 10/1/93, Register 127; repealed 8/24/2002, Register 163

12 AAC 19.110 License by examination

(a) The board will issue a license by examination to practice marital and family therapy to an applicant who meets the requirements of AS 08.63.100(a) and this section.

(b) An applicant for a license under this section shall submit

(1) a complete application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.242;

(3) an official transcript documenting a master's degree or doctorate in marital and family therapy or allied mental health field from a regionally accredited educational institution approved by the board for which the applicant completed a course of study substantially equivalent to the requirements of AS 08.63.100(a)(3)(B), sent directly to the department from the school;

(4) the supporting documentation required by this section and AS 08.63.100; and

(5) an authorization for release of records.

(d) To show fulfillment of the training requirement set out under AS 08.63.100(a)(3)(D), the applicant shall document at least six contact hours of training related to domestic violence in course work approved by the board under 12 AAC 19.320(b)(1) - (5).

(e) The examinations required for a license to practice marital and family therapy are the Examination in Marital and Family Therapy administered by the Professional Examination Service and the state written examination prepared and administered by the board. To pass the examinations the applicant must achieve at least the minimum passing score recommended by the Professional Examination Service on the Examination in Marital and Family Therapy and 90 percent or higher on the state written examination.

(f) An applicant may substitute post-degree course work or practice as allowed in 12 AAC 19.120 to meet the course of study requirements set out under AS 08.63.100(a)(3)(B)(i) - (vi).

(g) To be scheduled for and to take an examination, an applicant shall meet the requirements of this section. An applicant who bas been approved for a license for supervised practice by the board under AS 08.63.110 may request a test number from the department and schedule the Professional Examination Service's Examination in Marital and Family Therapy by means of electronic mail.

(h) The state written examination includes questions covering

(1) state statutes and regulations applying to the practice of marital and family therapy; and

(2) the code of ethics adopted by the board under 12 AAC 19.900.

(i) The state written examination is an open book examination. The examination and study materials will be mailed directly to each applicant. Completed examinations must be returned to the department within 30 days after mailing, as shown by the postmark dates.

(j) An applicant who fails an examination may be reexamined, after six months have lapsed since the initial test date, if the applicant notifies the department in writing of the intent to be reexamined. If one year or more has lapsed since the applicant last took an examination, the applicant must submit a new and complete application for examination and submits the applicable fees established in 12 AAC 02.242.

(k) If an applicant is unable to have the application required under (b)(1) of this section notarized either in the physical presence of a notary public or through an electronic notary system, an applicant shall submit copies of two forms of government-issued identification.

History

Authority: AS 08.63.050; AS 08.63.100; AS 08.63.120
Eff. 10/1/93, Register 127; am 8/24/2002, Register 163; am 1/2/2014, Register 209; am 4/24/2016, Register 218; em am 5/8/2020 - 9/4/2020, Register 234; am 11/17/2020, Register 236; am 7/1/2025, Register 254

12 AAC 19.115 Licensure by credentials

(a) The board will issue a license by credentials to practice marital and family therapy to an applicant who meets the requirements of AS 08.63.140 and this section.

(b) An applicant for a license under this section shall submit

(1) a complete application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.242;

(3) verification of a current license in another state on a form provided by the department, sent directly to the department from the licensing jurisdiction;

(4) verification from all licensing jurisdictions in which the applicant holds or has ever held a license to practice marital and family therapy showing that the applicant's license has not been the subject of any disciplinary action of the type set out in AS 08.63.210 and that there are no pending or unresolved actions against the applicant, sent directly to the department from the licensing jurisdiction;

(5) an authorization for release of records;

(6) satisfactory evidence that the applicant's qualifications for a license to practice marital and family therapy are equivalent to the requirements set out in AS 08.63.100; and

(7) a completed Alaska Jurisprudence Questionnaire prepared by the board covering the provisions of AS 08.63, this chapter, the code of ethics by the board under 12 AAC 19.900, and that meets the score requirements of 12 AAC 19.110.

(c) If an applicant is unable to have the application required under (b)(1) of this section notarized either in the physical presence of a notary public or through an electronic notary system, an applicant shall submit copies of two forms of government-issued identification.

History

Authority: AS 08.63.050; AS 08.63.100; AS 08.63.140
Eff. 8/24/2002, Register 163; am 4/24/2016, Register 218; em am 5/8/2020 - 9/4/2020, Register 234; am 11/17/2020, Register 236

12 AAC 19.116 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a marital and family therapist or marital and family therapy associate to an applicant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a completed application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is currently licensed or certified and in good standing in another licensing jurisdiction and the applicant's license or certification in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements; and

(5) may not have been convicted of a crime that affects the applicant's ability to practice marital and family therapy competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.63.210.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.63.050
Eff. 9/25/2022, Register 243

12 AAC 19.117 Emergency courtesy license

(a) In an urgent situation, the board will issue an emergency courtesy license to practice marital and family therapy to an applicant who has a license in good standing to practice marital and family therapy in another jurisdiction with licensing requirements at least equivalent to those of this state, and who meets the requirements of this section. The board may limit the scope of a license issued under this section, as appropriate to respond to the urgent situation.

(b) An applicant for an emergency courtesy license under this section must submit to the department a completed application on a form provided by the department. A complete application includes the applicable application and licensing fees established in 12 AAC 02.242, verification of a current license in good standing to practice marital and family therapy in another state or other jurisdiction, and certification that the applicant is not under investigation in the state or other jurisdiction in which the applicant is licensed.

(c) An emergency courtesy license issued under this section is valid for the period specified by the board and may not exceed 120 consecutive days. An emergency courtesy license may be renewed for one additional period specified by the board, not to exceed 120 consecutive days.

(d) While practicing under an emergency courtesy license issued under this section, the holder of the license must comply with the standards of practice set out in AS 08.63 and this chapter and is subject to discipline for actions taken or omitted while practicing under the emergency courtesy license.

(e) The board may refuse to issue an emergency courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.63.210.

(f) In this section, "urgent situation" means a health crisis that requires increased availability of marital and family therapists.

History

Authority: AS 08.01.062; AS 08.63.050
Eff. 11/17/2020, Register 236

12 AAC 19.120 Substitution of post-degree course work or practice

(a) The board may accept post-degree course work to satisfy the course of study requirements set out under AS 08.63.100(a)(3)(B)(i) - (vi) if the substituted course work

(1) meets the requirements set out under 12 AAC 19.320(a) and (b)(1) - (2);

(2) is in the same subject area as the educational requirement for which the substituted course work is submitted; and

(3) hours are equivalent to the required hours of course work for the educational requirement for which the substituted course work is submitted, as set out under 12 AAC 19.310(d).

(b) The board may accept post-degree practice as a marital and family therapist to satisfy the course of study requirements set out under AS 08.63.100(a)(3)(B)(i) - (iii) as follows:

(1) three years of continuous practice is equivalent to three semester hours or four quarter hours of course work;

(2) the same three years of practice may not be used to substitute for more than three semester hours or four quarter hours of course work.

(c) An applicant who wishes to substitute post-degree course work or practice for a course of study requirement set out under AS 08.63.100(a)(3)(B)(i) - (vi) shall submit a completed equivalency worksheet to the board on a form provided by the department.

History

Authority: AS 08.63.050; AS 08.63.100
Eff. 10/1/93, Register 127; am 7/1/2025, Register 254

12 AAC 19.130 Supervised experience

(a) The board may approve the supervised experience of an applicant to satisfy the requirements of AS 08.63.100(a)(3)(B)(vi) and (C)(ii) if the supervisor

(1) is approved by the board; and

(2) verifies the applicant's experience on a form provided by the department.

(b) Repealed 6/24/2012.

History

Authority: AS 08.63.050; AS 08.63.100
Eff. 10/1/93, Register 127; am 6/24/2012, Register 202; am 7/1/2025, Register 254

Article 2 Supervised Practice

12 AAC 19.200 License for supervised practice

(a) The board will issue a license for supervised practice of marital and family therapy to a person who meets the requirements of AS 08.63.110 and this section.

(b) A person for a license under this section shall submit

(1) a complete application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.242;

(3) an official transcript documenting a master's degree or doctorate in marital and family therapy or allied mental health field from a regionally accredited educational institution approved by the board for which the applicant completed a course of study substantially equivalent to the requirements under AS 08.63.100(a)(3)(B), sent directly to the department from the school;

(4) an authorization for release of records; and

(5) a proposed plan to satisfy the supervision requirements of AS 08.63.110(d).

(c) A holder of a license for the supervised practice of marital and family therapy may practice under supervision in a clinic, social service agency, or private marital and family therapy practice.

(d) A holder of a license for the supervised practice of marital and family therapy shall use the title "marital therapy associate," "family therapy associate," or "marital and family therapy associate."

(e) A holder of a license for the supervised practice of marital and family therapy may practice only under the direct supervision of a supervisor approved by the board under 12 AAC 19.210.

(f) A marital and family therapy associate candidate seeking licensure in this state must attain marital and family associate licensure status prior to accruing hours in Alaska. No therapy or counseling may begin in Alaska before the applicant is licensed under this section.

(g) If an applicant is unable to have the application required under (b)(1) of this section notarized either in the physical presence of a notary public or through an electronic notary system, an applicant shall submit copies of two forms of government-issued identification.

(h) The board will extend a license for the supervised practice of marital and family therapy if the license holder demonstrates to the board's satisfaction that an extension is necessary for the holder to complete the supervised experience set out under AS 08.63.100 due to reasonable cause or excusable neglect.

History

Authority: AS 08.63.050; AS 08.63.110; AS 08.63.120
Eff. 10/1/93, Register 127; am 4/24/2016, Register 218; em am 5/8/2020 - 9/4/2020, Register 234; am 11/17/2020, Register 236; am 7/1/2025, Register 254

12 AAC 19.210 Approved supervisors

(a) The board will approve a person to be an approved supervisor for individual supervision under this chapter if the applicant submits

(1) a complete application on a form provided by the department;

(2) verification of a current license under AS 08.63.100 to practice marital and family therapy;

(3) documentation of having practiced as a licensed marital and family therapist for five continuous years; and

(4) documentation of having completed at least six contact hours of education related to the practice of supervising a marital and family therapist within the last two years.

(b) The board will approve a person to be an approved supervisor for group supervision under this chapter if the applicant submits

(1) a complete application on a form provided by the department;

(2) verification of a current license as described under AS 08.63.120(b)(2)(A) - (F);

(3) documentation of having practiced as a licensed professional as listed under AS 08.63.120(b)(2)(A) - (F) for five continuous years; and

(4) documentation of having completed at least six contact hours of education related to the practice of supervising a marital and family therapist within the last two years.

(c) To maintain approval under AS 08.63.120 and this section, a supervisor shall document at the time of license renewal that during the concluding license period the supervisor completed at least two contact hours of continuing education related to the practice of supervising a marital and family therapist. A supervisor may also include those two contact hours of continuing education in the total continuing education contact hours required for license renewal in 12 AAC 19.310.

(d) If a person does not maintain approval as an approved supervisor under AS 08.63.120 and this section because of noncompliance with the continuing education requirements of (c) of this section, the person may apply to the board for reinstatement of the approval. The board will reinstate the approval if the applicant

(1) submits

(A) a complete application on a form provided by the department;

(B) documentation of compliance with the continuing education requirements of (b) of this section; and

(2) complies with the requirements of AS 08.63.120 and (a)(2) and (3) or (b)(2) and (3) of this section.

(e) A supervisor who participates in teletherapy must

(1) have completed at least four hours of training required under 12 AAC 19.405(2) in the use of teletherapy technologies before engaging in teletherapy practice;

(2) determine that telesupervision is appropriate for a supervisee considering the supervisee's professional, intellectual, emotional, and physical needs;

(3) inform supervisees of the potential risks and benefits associated with telesupervision;

(4) take reasonable steps to ensure the security of the supervisor's communication medium;

(5) commence telesupervision only after gaining appropriate education, training, or supervised experience using the relevant technology;

(6) be aware of the risks and responsibilities associated with telesupervision and advise supervisees in writing of these risks as well as the supervisor's and supervisees' responsibilities for minimizing these risks;

(7) consider that communications may be synchronous or asynchronous and that technologies may augment traditional in-person supervision or be used as stand-alone supervision; and

(8) be aware of the potential benefits and limitations in the supervisor's choices of technologies for a particular supervisee in a particular situation.

(f) If an applicant is unable to have the application required under (a)(1), (b)(1), or (d)(1)(A) of this section notarized either in the physical presence of a notary public or through an electronic notary system, an applicant shall submit copies of two forms of government-issued identification.

History

Authority: AS 08.63.050; AS 08.63.100; AS 08.63.210 AS 08.63.060; AS 08.63.120
Eff. 10/1/93, Register 127; am 3/15/97, Register 141; am 8/17/2002, Register 163; am 6/4/2005, Register 174; am 6/24/2012, Register 202; am 6/22/2019, Register 230; em am 5/8/2020 - 9/4/2020, Register 234; am 11/17/2020, Register 236

Article 3 License Renewal and Continuing Education

12 AAC 19.300 License renewal

(a) A license to practice marital and family therapy expires on December 31 of even-numbered years.

(b) A marital and family therapist applying for license renewal shall

(1) complete a renewal application on a form provided by the department;

(2) pay the license renewal fee established in 12 AAC 02.242; and

(3) submit a statement of the continuing education contact hours completed during the concluding license period; the statement must include the following information, when applicable, for each course, seminar, or workshop:

(A) the name of the sponsoring organization;

(B) the location of the course, seminar, or workshop;

(D) the principal instructor;

(E) the dates of attendance;

(F) the titles, issues, and dates of publications or presentations; and

(G) the number of continuing education contact hours claimed.

(c) An applicant renewing a license who participates in teletherapy must complete two hours of continuing education that relates to teletherapy practice and that includes teletherapy ethics.

History

Authority: AS 08.63.050
Eff. 10/1/93, Register 127; am 8/24/2002, Register 163; am 12/14/2008, Register 188; am 6/22/2019, Register 230

12 AAC 19.310 Continuing education requirements

(a) An applicant for renewal of a marital and family therapy license who has been licensed 18 months or more of the concluding license period shall document completion of 45 contact hours of continuing education acceptable to the board that was earned during the concluding license period including at least

(1) two contact hours in professional ethics;

(2) two contact hours in addictions;

(3) two contact hours in cross cultural education; and

(4) two contact hours related to issues of domestic violence.

(b) An applicant for renewal of a marital and family therapy license who has been licensed at least 12 months but less than 18 months of the concluding license period shall document completion of 30 contact hours of continuing education acceptable to the board that was earned during the concluding license period including at least

(1) two contact hours in professional ethics;

(2) two contact hours in addictions;

(3) two contact hours in cross cultural education; and

(4) two contact hours related to issues of domestic violence.

(c) An applicant for renewal of a marital and family therapy license who has been licensed less than 12 months of the concluding license period shall document completion of 23 contact hours of continuing education acceptable to the board that was earned during the concluding license period including at least

(1) two contact hours in professional ethics;

(2) two contact hours in addictions;

(3) two contact hours in cross cultural education; and

(4) two contact hours related to issues of domestic violence.

(d) For the purposes of this section

(1) one "contact hour" equals a minimum of 50 minutes of classroom instruction between instructor and participant;

(2) one academic semester credit equals 15 contact hours; and

(3) one academic quarter credit equals 10 contact hours.

(e) Only hours of actual attendance during which instruction was given will be accepted as continuing education contact hours earned from an academic course that is audited by the licensee, and the total number of contact hours earned may not exceed the academic credit hours offered for that course.

History

Authority: AS 08.63.050; AS 08.63.100
Eff. 10/1/93, Register 127; am 4/24/2016, Register 218

12 AAC 19.320 Approved continuing education activities

(a) To be accepted by the board, continuing education must contribute directly to the professional competency of a marital and family therapist and must be directly related to the skills and knowledge required to implement marital and family therapy principles and methods.

(b) The following continuing education activities are acceptable if they are related to marital and family therapy in accordance with (a) of this section:

(1) postgraduate course work given by a regionally accredited academic institution, either audited or for credit;

(2) seminars, workshops, or mini-courses offered by professional organizations;

(3) cross-disciplinary courses, seminars, or workshops in the fields of medicine, law, behavioral sciences, ethics, or other disciplines;

(4) courses, seminars, or workshops in substance abuse, domestic violence, cross-cultural issues, gender issues, or child abuse;

(5) other courses not covered under (1) - (4) of this subsection that are specifically preapproved by the board, up to a maximum of 15 contact hours;

(6) first-time preparation and presentation of a marital and family therapy course, seminar, or workshop, up to a maximum of 10 contact hours allocated among all marital and family therapists and other professionals involved; and

(7) first-time presentation or publication of an article or book chapter related to the practice of marital and family therapy that was presented at a state or national association meeting or published by a publisher recognized by the profession, up to a maximum of 10 contact hours allocated among all marital and family therapists and other professionals involved.

(d) To be accepted by the board, an instructor presenting information concerning counseling or the treatment of clients must hold a master's degree or higher in a mental health field unless specifically preapproved by the board under this section.

(e) Continuing education contact hours may be received either synchronously or through individual study. Individual study

(1) may not exceed more than one-half of the requirements for renewal;

(2) may be conducted through completion of

(A) a formal correspondence program;

(B) asynchronous video or streaming; or

(3) will only be accepted if

(A) the program requires registration and provides evidence of successful completion; or

(B) the licensee submits a signed statement verifying that the licensee has successfully completed the program from a licensee who is a supervisor approved under 12 AAC 19.210 and has supervised the licensee's study program under this subsection.

History

Authority: AS 08.63.050; AS 08.63.100
Eff. 10/1/93, Register 127; am 6/21/97, Register 142; am 4/24/2016, Register 218; am 7/1/2025, Register 254

12 AAC 19.330 Audit of continuing education requirements

(a) After each renewal period the board will, in its discretion, audit renewal applications to monitor compliance with the continuing education requirements of this chapter.

(b) A licensee selected for audit shall, within 30 days from the date of notification, submit documentation to verify completion of the contact hours claimed under 12 AAC 19.300.

History

Authority: AS 08.63.050; AS 08.63.100(d)
Eff. 10/1/93, Register 127

12 AAC 19.340 Failure to meet continuing education requirements and license reinstatement

(a) The board will reinstate a license that was not renewed because of the licensee's failure to meet the continuing education requirements in 12 AAC 19.300 - 12 AAC 19.330 if the licensee submits to the board proof of completion of all required continuing education credit hours and meets all other requirements for license renewal.

(b) A licensee who is unable to obtain the continuing education hours required for license renewal due to reasonable cause or excusable neglect may submit a written request to the board for an exemption. The request for an exemption must include an explanation of the reasonable cause or excusable neglect that resulted in the licensees's failure to meet the continuing education requirements. If the board grants the exemption, the board will, in its discretion, prescribe an alternative method of compliance with the continuing education requirements as the board considers appropriate to the individual situation.

History

Authority: AS 08.63.050; AS 08.63.100
Eff. 6/21/97, Register 142; am 7/1/2025, Register 254

12 AAC 19.350 Application for continuing education course approval

(a) Except as provided in 12 AAC 19.310, to be approved by the board to meet the continuing education requirements of 12 AAC 19.320, an applicant for continuing education course approval shall submit to the board, not less than seven days before the date of the proposed program presentation date,

(1) a completed application on a form provided by the department;

(2) the name of the course provider;

(3) a complete course description, including the course title and a description of the learning objectives;

(4) a course syllabus; and

(5) an outline of the major topics covered by the course and the number of classroom hours allowed for each topic.

(b) Approval of continuing education courses under this section is valid until December 31 of the next even numbered year.

(c) An applicant who has a change in condition required under (a)(2) - (5) of this section during the approval period described in (b) of this section must reapply to the board for continuing education credit approval not later than seven days after the course is presented.

(d) The applicant shall keep records of attendance of all courses provided for a minimum of two years after the expiration date of the approved course and may be audited at the discretion of the board.

(e) In this section, "applicant" means a licensee or course sponsor seeking approval of a proposed continuing education unit (CEU) course.

History

Authority: AS 08.63.050; AS 08.63.100
Eff. 6/22/2019, Register 230

Article 4 Teletherapy Practice

12 AAC 19.400 Scope of teletherapy practice

Services offered by licensees of the board across a distance by electronic means fall within the jurisdiction of the board to the same degree as traditional face-to-face services described in AS 08.63. The provisions of AS 08.63 and this chapter apply to these services. Teletherapy or technology-assisted services refers to the scope of marital and family therapy practice of diagnosis, evaluation, consultation, intervention, and treatment of behavioral, social, and interpersonal disorders through synchronous or asynchronous two-way electronic communication, including telephone, videoconferencing, electronic mail, text messaging, instant messaging, and social media. The practice of technology-assisted distance professional services does not include functions or practices that are not within the training required for licensure under this chapter in accordance with AS 08.63.240.

History

Authority: AS 08.63.050; AS 08.63.110 AS 08.63.100; AS 08.63.210
Eff. 6/22/2019, Register 230

12 AAC 19.405 Eligibility to practice teletherapy

To be eligible to practice teletherapy with clients physically present in this state, an individual must

(1) be licensed in good standing under AS 08.63.100 as a marital and family therapist or AS 08.63.110 as a marital and family therapy associate; and

(2) complete initial training in the following topics regarding teletherapy, totaling a minimum of four hours:

(A) appropriateness of teletherapy;

(B) teletherapy theory and practice;

(D) legal and ethical issues;

(E) handling online emergencies;

(F) best practices and informed consent.

History

Authority: AS 08.63.050; AS 08.63.110 AS 08.63.100; AS 08.63.210
Eff. 6/22/2019, Register 230

12 AAC 19.410 Providing technology-assisted distance professional services

(a) The provision of any service as the practice of marital and family therapy defined under AS 08.63.900 to a client physically present in this state through digital, telephonic, electronic, or other means, regardless of the location of the provider of the service, constitutes the practice of marital and family therapy in this state and requires licensure of the service provider under AS 08.63 and this chapter.

(b) The provision of any service defined under AS 08.63.900 as the practice of marital and family therapy by a provider of the service in this state through digital, telephonic, electronic, or other means, regardless of the location of the client receiving the service constitutes the practice of marital and family therapy in this state and requires licensure of the provider under AS 08.63 and this chapter.

(c) When providing technology-assisted distance professional services, a licensee shall determine that the client is intellectually, emotionally, and physically capable of using the application and that the application is appropriate for the needs of the client.

(d) When technology-assisted distance professional services are determined inappropriate by the licensee or client, the licensees may consider referral to a clinician local to the client for in-person services. If the client refuses the referral, the licensee shall document the rationale for continuing to provide distance professional services.

(e) Each time a technology-assisted distance professional services session takes place, the licensee shall verify the client's identity and shall note the client's identity in the progress note.

(f) Regarding the delivery of distance professional services, a licensee shall follow the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) Teletherapy Guidelines, dated September 2016, and adopted by reference.

(g) At the onset of services, licensees shall develop a safety plan identifying local resources in the community of the distance client should emergency care be required. The safety plan must include contact telephone numbers for local resources. Local resources may include family members, law enforcement, health aides, religious leaders, or tribal leaders trusted by the client to be available during distance professional services.

History

Authority: AS 08.63.050; AS 08.63.110 AS 08.63.100; AS 08.63.210
Eff. 6/22/2019, Register 230

12 AAC 19.415 Safety and confidentiality of communications

(a) All forms of communications with clients, including electronic communications, must comply with the requirements of 45 C.F.R. Parts 160 and 164 regarding privacy, security, and breach for purposes of P.L. 104-191 (Health Insurance Portability and Accountability Act of 1996).

(b) Licensees must endeavor to protect clients from unwanted interruptions during sessions involving synchronous distance professional services.

History

Authority: AS 08.63.050; AS 08.63.110 AS 08.63.100; AS 08.63.210
Eff. 6/22/2019, Register 230

12 AAC 19.420 Informed consent

To provide, by digital, telephonic, or other electronic means, any service defined under AS 08.63.900 as the practice of marital and family therapy, a licensee shall secure informed consent from a client. Informed consent must be written, and clearly set out the benefits and risks of entering into distance professional services. The informed consent must identify the means of contact with the client, including the use of a telephone, online synchronous counseling, electronic billing, text messaging, or electronic mail. The informed consent must also

(1) identify issues related to the difficulty of maintaining the confidentiality of electronically transmitted communications;

(2) inform clients of all colleagues, supervisors, and employees, such as information technology (IT) administrators, who might have authorized or unauthorized access to electronic transmissions;

(3) inform clients of the risks of access, including by family members and employees who have access to technology used in the counseling process;

(4) inform clients of pertinent legal rights and limitations governing the practice of a profession over state lines or international boundaries;

(5) inform clients that, whenever possible, encrypted websites and electronic mail communications will be used to help ensure confidentiality;

(6) when the use of encryption is not possible, inform clients of this limitation and limit electronic transmissions to general communications that are not client-specific;

(7) inform clients if and for how long archival storage of transaction records is maintained;

(8) discuss the possibility of technology failure and alternate methods of service delivery during a failure;

(9) inform clients of emergency procedures, such as calling 911 or a local crisis hotline, when the licensee is not available;

(10) inform clients of the limits of confidentiality under AS 08.63.200;

(11) identify, as applicable, time zone differences, local customs, and cultural or language differences that might impact services delivery;

(12) inform clients when technology-assisted distance professional services are not covered by insurance; and

(13) fully disclose the licensee's licensing, credentials, and areas of expertise.

History

Authority: AS 08.63.050; AS 08.63.110 AS 08.63.100; AS 08.63.210
Eff. 6/22/2019, Register 230

Article 5 General Provisions

12 AAC 19.900 Code of ethics

Marital and family therapists licensed in this state, including those practicing distance professional services or teletherapy, shall adhere to the AAMFT Code of Ethics of the American Association for Marriage and Family Therapy (AAMFT) (January 1, 2015 Revision). The AAMFT Code of Ethics is adopted by reference in this section.

History

Authority: AS 08.63.050
Eff. 10/1/93, Register 127; am 6/21/97, Register 142; am 8/24/2002, Register 163; am 6/22/2019, Register 230

12 AAC 19.990 Definitions

In this chapter and in AS 08.63,

(1) "board" means the Board of Marital and Family Therapy;

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

(3) "year of practice" means 12 months of active, clinical practice of marital and family therapy totaling at least 500 hours;

(4) "one year of supervised clinical practice" means a minimum of 12 months of active clinical practice;

(5) "asynchronous" means no real-time communication is present or utilized;

(6) "distance professional services" means the mode of delivering services by means of technology-assisted media, such as telephone, video, Internet, smartphone, tablet, personal computer (PC) desktop system, or other electronic means using appropriate encryption technology for electronic health information, occurring either synchronously or asynchronously as it pertains to marital and family therapy practices;

(7) "distant site" means a site or location from which services are delivered by a licensee by means of technology-assisted media;

(8) "originating site" means a site where a client is located at the time that marital and family therapy services are provided by means of technology-assisted media or where the asynchronous storage and forwarding services originate;

(9) "synchronous" means a real-time interaction in person or by live streaming;

(10) "jurisdiction" means a state or territory of the United States, unless the context requires otherwise;

(11) "reasonable cause or excusable neglect" includes

(A) chronic illness;

(B) retirement;

(D) a leave of absence from active practice during the concluding licensing period; or

(E) a hardship recognized by the board.

History

Authority: AS 08.63.050
Eff. 10/1/93, Register 127; am 4/24/2016, Register 218; am 6/22/2019, Register 230; am 7/1/2025, Register 254

Chapter 21 Construction Contractors

Article 1 Registration

12 AAC 21.010 Joint venture agreement

Repealed.

History

Eff. 7/2/77, Register 62; repealed 8/8/2021, Register 239

12 AAC 21.020 Application for registration as a construction contractor

(a) An applicant for registration as a construction contractor must submit

(1) a complete application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.180;

(3) if applicable, evidence of workers' compensation insurance as required under AS 08.18.101;

(4) evidence of public liability and property damage insurance as required under AS 08.18.101;

(5) evidence of bonding as required under AS 08.18.071 by submitting either

(A) a surety bond on a form provided by the department, and the surety's power of attorney; or

(B) a negotiable security as described in 12 AAC 21.090.

(b) The application submitted under (a)(1) of this section must be the current form provided by the department.

(c) For purposes of (a)(1) of this section, only an individual who is an authorized officer, manager, or member of a corporation or limited liability company, or general partner of a limited partnership, may complete and sign a contractor registration application for an entity.

History

Authority: AS 08.01.080; AS 08.18.021; AS 08.18.101 AS 08.18.011; AS 08.18.071; AS 44.33.020
Eff. 7/2/77, Register 62; am 3/1/78, Register 65; am 8/8/2021, Register 239

12 AAC 21.030 Registered name; address

(a) The name under which a contractor is doing business must be separate and distinct from all other registered contractors' names.

(b) The department will refuse to register a contractor doing business under a name which is identical to the name under which a different contractor is registered, or is so similar to it as to create confusion or mislead a reasonable person.

History

Authority: AS 08.18.051; AS 10.05.034; AS 44.33.020
Eff. 7/2/77, Register 62; am 4/3/88, Register 105

12 AAC 21.040 Change of name and address

(a) If the business name under which a contractor is registered requires change, the contractor shall submit

(1) an application for name change on a form provided by the department;

(2) a properly executed rider to the bond and insurance on file with the department that shows the surety for the bond and insurance has extended coverage under the new name; and

(3) the fee established in 12 AAC 02.180.

(b) If the address under which a contractor is registered requires change, the contractor shall notify the department in writing. A duplicate certificate of registration reflecting the new address will be provided upon request.

(c) A contractor shall continue to do business under the name which is registered until a certificate of registration issued in the new name has been received from the department.

(d) Failure to comply with this section may result in the contractor being considered in violation of AS 08.18.011 or 08.18.051 and subject to the penalties provided for in AS 08.18.141 and AS 08.18.151.

History

Authority: AS 08.01.080; AS 08.18.051
Eff. 7/2/77, Register 62; am 4/3/88, Register 105; am 8/8/2021, Register 239

12 AAC 21.043 Dissolution or cessation of business activities

(a) A registered contractor that dissolves or ceases to do business must file a written notice of the change with the department within 15 days of the dissolution or cessation of business activity. The written notice must be filed by the following:

(1) if a sole proprietorship, the sole proprietor;

(2) if a partnership, at least one of the former partners;

(3) if a limited liability company, at least one of the former managing partners;

(4) if a corporation, at least one of the former corporate officers.

(b) A notice filed under (a) of this section does not meet the requirement for a notarized statement under AS 08.18.115. However, a notarized statement filed under AS 08.18.115 will meet the requirement of (a) of this section.

(c) A registered contractor that has filed a written notice under (a) of this section may reactivate a registration that has not lapsed, by submitting a written request for reactivation and evidence of current bonding and insurance. If the registration has lapsed, the registration may be reinstated not later than five years after the expiration date of the registration by submitting the items required under 12 AAC 21.070 for renewal or reinstatement.

History

Authority: AS 08.01.080; AS 08.18.021; AS 08.18.051
Eff. 1/21/2004, Register 169; am 8/8/2021, Register 239

12 AAC 21.045 Changing sole proprietorships and partnerships

(a) A registered contractor that is a sole proprietorship that forms a partnership for the purpose of engaging in the contracting business must apply for a new registration under this section. The partnership must submit

(1) a complete application for a new registration, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.180;

(3) either a new surety bond or an endorsement to the surety bond on file with the department, as required by AS 08.18.071;

(4) evidence of new public liability and property damage insurance, as required under AS 08.18.101;

(5) if applicable, evidence of workers' compensation insurance as required under AS 08.18.101.

(b) One or more partners of a dissolved partnership may continue to do business under the same business name as the dissolved partnership as a sole proprietorship, or with different partners as a new partnership, by submitting

(1) a complete application for a new registration, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.180;

(3) either a new surety bond or an endorsement to the surety bond on file with the department, as required by AS 08.18.071;

(4) evidence of new public liability and property damage insurance, as required under AS 08.18.101;

(5) if applicable, evidence of workers' compensation insurance as required under AS 08.18.101.

History

Authority: AS 08.01.080; AS 08.18.051; AS 08.18.101 AS 08.18.021; AS 08.18.071; AS 44.33.020
Eff. 4/3/88, Register 105; am 1/22/2004, Register 169; am 8/8/2021, Register 239

12 AAC 21.050 Changing sole proprietorship or partnership to a corporation or other entity

(a) A registered contractor that is a sole proprietorship or partnership that forms a corporation, limited liability company, limited partnership, limited liability partnership, or other entity, for the purpose of engaging in the contracting business must apply for a new registration under this section. The entity must submit

(1) a complete application for a new registration, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.180;

(3) either a new surety bond or an endorsement to the surety bond on file with the department, as required by AS 08.18.071;

(4) evidence of new public liability and property damage insurance, as required under AS 08.18.101;

(5) if applicable, workers' compensation insurance as required under AS 08.18.101.

(b) A contractor registration may be issued only to a single entity in good standing.

History

Authority: AS 08.18.011; AS 08.18.051; AS 08.18.101 AS 08.18.021; AS 08.18.071; AS 44.33.020
Eff. 7/2/77, Register 62; am 1/22/2004, Register 169; am 8/8/2021, Register 239

12 AAC 21.060 Effective date

A new certificate of registration is effective on the date it is issued by the department. A registration may not be issued with an effective date prior to the time it is received by the department in complete and good order.

History

Authority: AS 08.18.031; AS 44.33.020
Eff. 7/2/77, Register 62

12 AAC 21.070 Renewal; lapsed registration

(a) An applicant for renewal or reinstatement of a contractor registration shall submit

(1) a complete renewal application on a form provided by the department;

(2) the registration renewal and license enforcement support fee required under 12 AAC 02.180;

(3) evidence of current bonding as required by AS 08.18.071;

(4) evidence of current public liability and property damage insurance as required under AS 08.18.101; and

(5) if applicable, evidence of workers' compensation insurance as required under AS 08.18.101.

(b) The department may require evidence of current bonding and insurance issued not earlier than 30 days before the date an application for renewal is submitted.

History

Authority: AS 08.18.031; AS 44.33.020
Eff. 7/2/77, Register 62; am 8/8/2021, Register 239

12 AAC 21.075 Changing handyman, specialty, or mechanical contractor registration

A registered handyman, specialty, or mechanical contractor that is changing to another category, or a specialty contractor changing to another specialty, must apply for the change of registration under this section. The contractor must submit

(1) a complete application on a form provided by the department;

(2) the applicable fee established in 12 AAC 02.180;

(3) either a new surety bond or an endorsement to the surety bond on file with the department, as required under AS 08.18.071;

(4) evidence of current public liability and property damage insurance as required under AS 08.18.101; and

(5) if applicable, evidence of workers' compensation insurance as required under AS 08.18.101.

History

Authority: AS 08.01.080; AS 08.18.051; AS 08.18.101 AS 08.18.021; AS 08.18.071; AS 44.33.020
Eff. 8/8/2021, Register 239

12 AAC 21.080 Changing from handyman, specialty, or mechanical contractor to general contractor

A registered handyman, specialty, or mechanical contractor that is changing to a general contractor must apply for the change in registration under this section. The contractor must submit

(1) a complete application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.180;

(3) either a new surety bond or an endorsement to the surety bond on file with the department, as required by AS 08.18.071;

(4) evidence of current public liability and property damage insurance, as required under AS 08.18.101;

(5) if applicable, evidence of workers' compensation insurance as required under AS 08.18.101.

History

Authority: AS 08.01.080; AS 08.18.051; AS 08.18.101 AS 08.18.021; AS 08.18.071; AS 44.33.020
Eff. 7/2/77, Register 62; am 4/3/88, Register 105; am 1/22/2004, Register 169; am 8/8/2021, Register 239

12 AAC 21.085 Changing from general contractor to handyman, specialty, or mechanical contractor

A registered general contractor that is changing to a handyman, specialty, or mechanical contractor must apply for the change in registration under this section. The contractor must submit

(1) a complete application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.180;

(3) either a new surety bond or an endorsement to the surety bond on file with the department, as required by AS 08.18.071;

(4) evidence of current public liability and property damage insurance, as required under AS 08.18.101;

(5) if applicable, evidence of workers' compensation insurance as required under AS 08.18.101.

History

Authority: AS 08.01.080; AS 08.18.051; AS 08.18.101 AS 08.18.021; AS 08.18.071; AS 44.33.020
Eff. 1/22/2004, Register 169; am 8/8/2021, Register 239

12 AAC 21.090 Negotiable security in place of surety bond

(a) When a negotiable security is filed with the commissioner in place of or in addition to the bond as provided in AS 08.18.071(c), the owner of the security shall execute an assignment of the security to the state which is attached to and becomes a part of the security.

(b) The following negotiable securities are acceptable for the purposes of AS 08.18.071(c):

(1) for a mechanical or specialty contractor, a time certificate of deposit in the face amount of $10,000, or the amount necessary to bring the total bond amount to $10,000, issued by a bank or trust company authorized to do business in the state, and meeting the requirements of 12 AAC 21.120;

(2) for a general contractor, a time certificate of deposit in the face amount of $25,000, or the amount necessary to bring the total bond amount to $25,000, issued by a bank or trust company authorized to do business in the state, and meeting the requirements of 12 AAC 21.120;

(3) for a general contractor with a residential endorsement, who performs exclusively residential work, a time certificate of deposit in the face amount of $20,000, or the amount necessary to bring the total bond amount to $20,000, issued by a bank or trust company authorized to do business in the state, and meeting the requirements of 12 AAC 21.120; and

(4) for a handyman contractor, a time certificate of deposit in the face amount of $5,000, issued by a bank or trust company authorized to do business in the state, and meeting the requirements of 12 AAC 21.120.

(c) Negotiable securities other than those listed in this section, filed for the purposes of AS 08.18.071(c), will be considered on a case-by-case basis.

(d) The assignment required under (a) of this section must be on a form provided by the department.

(e) When either cash or a negotiable security filed in accordance with this section and AS 08.18.071(c) is accepted by the commissioner in the place of the surety bond required by AS 08.18.071, it shall remain filed with and pledged to the state for the purposes of AS 08.18.071 for a period of three years after the

(1) effective date of a surety bond in like amount written in compliance with AS 08.18.071;

(2) lapse without reinstatement of the certificate of registration; or

(3) surrender, suspension, or revocation, without reinstatement of the certificate of registration; or

(4) contractor files a notarized statement notifying the department that the contractor is no longer doing business as a contractor in the state.

History

Authority: AS 08.01.080; AS 08.18.071
Eff. 7/2/77, Register 62; am 4/3/88, Register 105; am 8/8/2021, Register 239

12 AAC 21.100 Special fees

Repealed 4/3/88.

12 AAC 21.110 Prohibitions

(a) A registered specialty contractor may not undertake, offer to perform, claim to have the capacity to perform, or submit a bid for, a project that requires the use of a trade for which the contractor is not actively registered.

(b) A business or individual may not perform, advertise, or claim to have the capacity to perform construction contracting services without a corresponding active contractor registration.

(c) A business or individual who is not actively registered as a contractor may not use the following terms, or other letters, words, or insignia, to describe the business or individual as performing, advertising, or claiming to have the capacity to perform the corresponding construction contracting services:

(1) "builder";

(2) "contractor";

(3) "general contractor";

(4) "mechanical contractor";

(5) "residential contractor";

(6) "specialty contractor";

(7) "handyman."

(d) The department may refuse to issue a registration with a "doing business as" name or owning entity name that includes "electrical," "mechanical," "plumbing," or "heating" if the registration does not have the appropriate licensed administrator assigned.

History

Authority: AS 08.18.011; AS 08.18.171 AS 08.18.031; AS 44.33.020
Eff. 7/2/77, Register 62; am 8/8/2021, Register 239

12 AAC 21.120 Cash deposits instead of bond

(a) A certificate of deposit or other negotiable instrument filed with the commissioner instead of or in addition to a surety bond must

(1) show the commissioner as payee and must bear on its face the words "State of Alaska in Trust for" or similar words that allow only the commissioner to negotiate the instrument;

(2) be accompanied by an Assignment of Negotiable Instrument signed by the contractor and a bank representative acknowledging transfer to the department;

(3) be issued for a period of at least three years before maturity, or if purchased for a shorter period, be automatically renewable; and

(4) remain pledged to the state in accordance with 12 AAC 21.090(e).

(b) Repealed 8/8/2021.

History

Authority: AS 08.01.080; AS 08.18.071; AS 44.33.020
Eff. 5/2/81, Register 78; am 4/3/88, Register 105; am 10/15/2000, Register 156; am 8/8/2021, Register 239

12 AAC 21.130 Claims against cash deposits

(a) If a contractor files a cash deposit instead of or in addition to a surety bond under AS 08.18.071(c), a person having a claim against the contractor for any of the items referred to in AS 08.18.071 may file a claim against the cash deposit by mailing a copy of the complaint against the contractor to the commissioner by registered or certified mail at the time suit is filed. The commissioner will maintain a record, available for public inspection, of all complaints received.

(b) To assure adequate notice to the commissioner and other claimants, the complaint must specify to which of the items referred to in AS 08.18.071 the claim pertains and when the claim arose.

(c) To assure adequate notice to the claimants, the court, and the commissioner, the complaint must specify the complete business name of the contractor, and the number of, or receipt number for, the cash deposit from which a final judgment is sought.

(d) It is not necessary to name the commissioner as a party to the action, nor is it deemed appropriate.

(e) A complaint filed with the commissioner which meets the requirements of (b) and (c) of this section is a pending claim under this section from the time it is received by the commissioner.

(f) If a complaint filed with the commissioner does not specify the information required in (b) and (c) of this section, it is not a pending claim for purposes of establishing priority unless the claimant also files an affidavit with the commissioner containing the required information.

(g) Repealed 8/8/2021.

History

Authority: AS 08.18.071; AS 08.18.081; AS 44.33.020
Eff. 5/2/81, Register 78; am 8/8/2021, Register 239

12 AAC 21.140 Payment of claims against a cash deposit

(a) A claimant who obtains final judgment against a contractor may submit to the commissioner an original or a certified copy of the final judgment with the request that payment be made upon the judgment from the proceeds of the cash deposit.

(b) To be paid from the cash deposit, a final judgment must be a judgment against the cash deposit. A judgment will be considered to be one against the cash deposit under AS 08.18.081(b) if it is rendered on a claim for one of the items specified in AS 08.18.071, and the final judgment identifies the cash deposit as the source of payment of the claim.

(c) To be paid from the cash deposit, the judgment must show for which item or items referred to in AS 08.18.071 judgment is entered and when the claim arose.

(d) If other claims are pending at the time the commissioner receives the first final judgment on a pending claim against a contractor, the commissioner will disburse the proceeds of the cash deposit to satisfy that judgment only if

(1) the total amount of all claims pending on the date the first judgment is received is less than the amount of the cash deposit; or

(2) all claims pending on the date the first judgment is received are of lower priority than the claim reduced to judgment.

(e) If, at the time the commissioner receives the first final judgment on a pending claim against a contractor, the total amount of other pending claims exceeds the amount of the cash deposit or the judgment is rendered on a claim having lower priority than other pending claims, the commissioner will not disburse the proceeds of the cash deposit to satisfy any judgment until all pending claims are reduced to judgment or withdrawn from the commissioner's file. In this circumstance, claims received by the commissioner after receipt of the first final judgment will not be considered for payment until all previously pending claims have been satisfied or withdrawn. The later received claims will then be considered for payment from the remaining proceeds of the cash deposit, if any, in the same manner as if the previously pending claims had not existed.

(f) If a person, making a claim that has lower priority than other pending claims submits a final judgment and the other pending claims of higher priority are not resolved by judgment or settlement or by being withdrawn, the person who has reduced the claim to judgment may establish a presumption of failure to prosecute the other claims. That presumption may be established by filing with the commissioner

(1) a written request to establish the presumption; and

(2) proof that the person has mailed a copy of the request by certified mail to the last known address of the claimant, or attorney when the claimant is represented, with higher priority.

(g) The commissioner will place a copy of a request submitted under (f) of this section in the file open for public inspection. If the claimant named in the request does not notify the commissioner within 60 days after the request is placed in the file that the claimant is still pursuing the claim against the contractor, the commissioner may disburse the proceeds of the cash deposit according to the procedures set out in this section.

(h) When multiple pending claims which exceed the total amount of the cash deposit are to be satisfied, those claims will be satisfied in the order of priority established under AS 08.18.081(a). Claims having equal priority under the statute will be satisfied according to the proportion that each judgment bears to the sum of all the judgments of that class of priority.

(i) If a final judgment is tendered by a claimant who has not complied with the provisions of 12 AAC 21.130, or if a final judgment upon confession of judgment without action is tendered, the commissioner will place a copy of the judgment in the record, available for public inspection, of all suits commenced. The judgment will not be considered properly tendered for payment from the proceeds of the cash deposit until 30 days after the date of receipt by the commissioner, and other claims filed with the commissioner within the 30 days will be considered pending as of the effective date of the tender of judgment.

History

Authority: AS 08.18.071; AS 08.18.081; AS 44.33.020
Eff. 5/2/81, Register 78; am 8/8/2021, Register 239

12 AAC 21.150 Other judicial remedies

Nothing in this chapter prevents intervention, consolidation, or interpleader of claims as a means of resolving pending claims and determining to which claim or claimants the proceeds of a cash deposit will be disbursed, consistent with 12 AAC 21.130 - 12 AAC 21.140.

History

Authority: AS 44.33.020
Eff. 5/2/81, Register 78

12 AAC 21.160 Violation of bonding or insurance requirements

(a) If a contractor's bonding or insurance has been cancelled, reduced by judgment, or is no longer in effect for any reason, and it is not reinstated within 20 days after the department gives the contractor a written warning, the department may give the contractor written notice under AS 08.18.121(f) prohibiting further action as a contractor until submission of evidence acceptable to the department showing that the violation of the bonding or insurance requirements of AS 08.18.071 or 08.18.101 has been corrected. Both the written demand and the deactivation notice will be sent to the contractor's current address under 12 AAC 02.900. Upon delivery or a documented attempt to deliver a deactivation notice under AS 08.18.121(f) and this subsection to the current address of a contractor, the contractor shall immediately stop all work as a contractor. The possible consequences of failure to stop all work include citation under AS 08.18.117, injunction and civil penalty under AS 08.18.131, and criminal prosecution under AS 08.18.141.

(b) In addition to a deactivation notice under AS 08.18.121(f) and (a) of this section, the department may, under AS 08.18.121(a) - (e), institute proceedings to revoke or suspend the registration of a contractor whose bonding or insurance required by AS 08.18.071 and 08.18.101 is no longer in effect. The department may also deny the renewal of the contractor's registration. Revocation, suspension, and denial of renewal of contractor's registration are covered by the Administrative Procedure Act (AS 44.62). The department may also issue a cease and desist order under AS 08.01.087(b)(1), issue a citation under AS 08.18.117, institute an action for an injunction under AS 08.18.131, seek criminal prosecution under AS 08.18.141, deny renewal of registration, or any combination of these actions.

History

Authority: AS 08.01.080; AS 08.18.071; AS 08.18.121
Eff. 4/3/88, Register 105; am 8/8/2021, Register 239

Article 2 Specialty Contractor Trades

12 AAC 21.200 Specialty contractor trades

"Specialty contractor" is defined in AS 08.18.171. The following specialty contractor trades are the trades recognized by the department for the purposes of specialty contractor registration under AS 08.18.021, and are the trade designations that will appear on a specialty contractor certificate of registration issued by the department:

(1) Access Flooring Contractor (12 AAC 21.210);

(2) Acoustical and Insulation Contractor (12 AAC 21.220);

(3) Asbestos Abatement Contractor (12 AAC 21.230);

(4) Carpentry Contractor, Finish (12 AAC 21.240);

(5) Carpentry Contractor, Rough (12 AAC 21.250);

(6) Communications Contractor (12 AAC 21.260);

(7) Concrete and Paving Contractor (12 AAC 21.270);

(8) Demolition Contractor (12 AAC 21.280);

(9) Drilling Contractor (12 AAC 21.290);

(10) Drywall Contractor (12 AAC 21.300);

(11) Electrical Contractor (12 AAC 21.310);

(12) Elevator and Conveying System Contractor (12 AAC 21.320);

(13) Excavation Contractor (12 AAC 21.330);

(14) Fence & Guardrail Contractor (12 AAC 21.340);

(15) Floor Covering Contractor (12 AAC 21.350);

(16) Glazing Contractor (12 AAC 21.360);

(17) Landscaping Contractor (12 AAC 21.370);

(18) Liquid or Gas Storage Tank Contractor (12 AAC 21.380);

(19) Low Voltage Alarm and Signaling Device Contractor (12 AAC 21.390);

(20) Marine Contractor (12 AAC 21.400);

(21) Masonry Contractor (12 AAC 21.410);

(22) Mechanical Contractor, Exempt (12 AAC 21.420);

(23) Painting Contractor (12 AAC 21.430);

(24) Plaster Contractor (12 AAC 21.440);

(25) Road Construction Contractor (12 AAC 21.450);

(26) Roofing Contractor (12 AAC 21.460);

(27) Security Systems Contractor (12 AAC 21.470);

(28) Sheet Metal Contractor (12 AAC 21.480);

(29) Sign Contractor (12 AAC 21.490);

(30) Solid Fuel Appliance Contractor (12 AAC 21.500);

(31) Steel Erection Contractor (12 AAC 21.510);

(32) Tire and Terrazzo Contractor (12 AAC 21.520);

(33) Wallcovering Contractor (12 AAC 21.530);

(34) Water and Sewer Contractor (12 AAC 21.540);

(35) Water System Contractor (12 AAC 21.550);

(36) Welding Contractor (12 AAC 21.560);

(37) Other Specialty Contractors (12 AAC 21.570).

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.210 Access flooring contractor

(a) An access flooring contractor installs elevated floor panels used in computer facilities, including access flooring that contains air conditioning ducts, electrical conduit, communication conduit, or similar material.

(b) An access flooring contractor may not install

(1) subflooring;

(2) flexible, sheet, or woven-back floor-covering material;

(3) duct work, conduit, electrical lines, cable, or wiring, regardless of voltage carried, that is independent of the access flooring; or

(4) construct or make alterations to an existing structure or the structure that houses the access flooring.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.220 Acoustical and insulation contractor

(a) An acoustical and insulation contractor installs

(1) all types of insulation media to walls, roofs, decks, perimeter of foundations, and under concrete slabs, including vapor retarders;

(2) special coatings and materials to provide fire resistance and fireproofing to building components;

(3) acoustical tiles and panels, sound absorbing wall and ceiling units, acoustical wall systems, and soundbarrier boards and blankets;

(4) ceiling suspension systems;

(5) insulation of mechanical heating and cooling systems to pipes, such as hot water, cold water, heating, refrigeration, and roof drains; or

(6) insulation of sheet metal ducts, including heating and cooling supply ducts, fresh air intake ducts, exhaust air ducts, kitchen grease ducts, and combustion air ducts.

(b) This specialty does not include asbestos abatement, removal, or encapsulation.

History

Authority: AS 08.01.080; AS 08.18.021; AS 08.18.171 AS 08.18.013; AS 08.18.024; AS 44.33.020
Eff. 7/26/90, Register 115; am 1/22/2004, Register 169

12 AAC 21.230 Asbestos abatement contractor

An asbestos abatement contractor requires additional certification by the Department of Labor and Workforce Development under 8 AAC 61.600.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.240 Carpentry contractor, finish

(a) A finish carpenter is a specialty contractor who works on anything made of wood, or wood-like material, attached to the interior of a structure and which is visible, including

(1) interior wooden trim;

(2) cabinets;

(3) built-in shelving;

(4) interior stairs and banisters;

(5) cornices;

(6) laminated countertops;

(7) doors, door hardware, locks, and latches;

(8) windows and sills;

(9) wooden or plastic laminated wall paneling;

(10) moldings;

(11) chalkboards and tackboards;

(12) motorized window louvers, blinds, shades, or drapery hardware; or

(13) hardwood flooring and floor refinishing.

(b) Finish carpentry is either performed by the contractor or subcontracted to another similarly registered contractor.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.250 Carpentry contractor, rough

(a) A rough carpenter is a specialty contractor who provides services in the following areas:

(1) framing and lay-up work;

(2) concrete form work;

(3) trusses, beams, and columns;

(4) structural work, (e.g., wood placed for purposes of structural integrity);

(5) partition studs of metal or wood;

(6) siding;

(7) roof shingles;

(8) exterior wall sheathing;

(9) roof sheathing;

(10) subflooring;

(11) wooden walkways, rails, treads, and risers;

(12) decks;

(13) docks, dock planking, and bull rails;

(14) pilings driven for purposes of foundation for dwellings, warehouses, or similar fixed structures (not pilings for piers, docks, or floats);

(15) heavy timber;

(16) wooden fencing;

(17) metal doors and frames;

(18) metal joists and structural metal framing;

(19) metal or plastic windows;

(20) operable partitions;

(21) overhead door installation; or

(22) scaffold erection.

(b) Rough carpentry is either performed by the contractor or subcontracted to another similarly registered contractor.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.260 Communications contractor

(a) A communications contractor installs

(1) communications wiring and equipment;

(2) radio communications devices and equipment;

(3) audiovisual equipment; or

(4) navigation equipment.

(b) Unless specifically exempted under AS 08.40.190, all communications contractor work is done under the supervision of an electrical administrator.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115; am 8/8/2021, Register 239

12 AAC 21.270 Concrete and paving contractor

A concrete and paving contractor performs work in the following areas:

(1) cast-in-place concrete;

(2) concrete form work;

(3) concrete pumping;

(4) concrete restoration and cleaning;

(5) curbs and sidewalks;

(6) asphalt paving, surfacing, and repair;

(7) concrete finishing, except painting;

(8) aggregate coatings;

(9) pavement markings, including tactile warning lines and striping on roads, parking lots, and curbs; or

(10) asphalt- and concrete-mounted safety reflectors and speed bumps.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.280 Demolition contractor

(a) A demolition contractor performs work in the following areas:

(1) demolition of fixed structures and parts of structures;

(2) removal and capping of existing utilities; or

(3) removal and abatement of hazardous materials, except for asbestos.

(b) A demolition contractor might use explosives and heavy equipment to effect demolition. Explosive users might be required to obtain a certificate of fitness from the Department of Labor and Workforce Development, under 8 AAC 62.030, to engage in that activity.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.290 Drilling contractor

A drilling contractor performs work in the following areas:

(1) exploratory core drilling and boring, for the purpose of gathering geotechnical data and ground water monitoring;

(2) water well drilling, including the installation of well casings; or

(3) horizontal drilling and tunneling for the purpose of soil stabilization, grouting, dewatering and drainage, mining, and the installation of underground cables and piping.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.300 Drywall contractor

A drywall contractor performs work in the following areas:

(1) installation of gypsum board or other drywall materials;

(2) taping; or

(3) joint preparation.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.310 Electrical contractor

An electrical contractor, unless specifically exempted in AS 08.40.190, must be registered as, or employ, an electrical administrator licensed under AS 08.40, and may only submit bids for, or work on, projects for which it has a licensed electrical administrator. A worker doing work covered by the National Electrical Code or the National Electrical Safety Code established in AS 18.60.580 is subject to certificate of fitness requirements of the Department of Labor and Workforce Development under 8 AAC 90.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.320 Elevator and conveying system contractor

(a) An elevator and conveying system contractor installs and maintains manual, electric, and hydraulic conveying systems, including all related machinery, hardware, accessories, safety equipment, and controls. Conveying systems include

(1) dumbwaiters;

(2) passenger and freight elevators of all types, including cars, entrances, and hoistway equipment;

(3) escalators, moving walks, ramps, and other passenger conveying systems composed of moving belts or treads installed in horizontal and inclined positions;

(4) people, platform, stage and orchestra, sidewalk, wheelchair, and vehicle lifts;

(5) material handling systems, including freight handling equipment, prefabricated chutes, conveyors, gravity rollers, powered rollers, powered belts, and other devices for transfer of bulk and packaged materials; and

(6) structural turntables, including movable areas for restaurants, stages, exhibits, displays, and turntables for vehicular and industrial uses.

(b) The elevator safety standards adopted in AS 18.60.800 apply to work described in this section.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.330 Excavation contractor

An excavation contractor performs work in the following areas:

(1) haul and spread sand, gravel, topsoil, fill, or other construction materials;

(2) dig and back-fill trenches, holes, and ditches;

(3) drilling;

(4) blasting;

(5) land clearing, ground leveling, grading, filling, and shaping;

(6) staking;

(7) culverts;

(8) railroad track grade and fill; or

(9) tunneling.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.340 Fence and guardrail contractor

(a) A fence and guardrail contractor erects and installs

(1) metal or wood fences including gates, posts, and hardware;

(2) metal or wood guardrails; or

(3) prefabricated concrete, metal, or wood barricades or parking barriers, including bull rails.

(b) This section does not apply to silt fencing constructed for a temporary period using stakes.

History

Authority: AS 08.01.080; AS 08.18.021; AS 08.18.171 AS 08.18.013; AS 08.18.024; AS 44.33.020
Eff. 7/26/90, Register 115; am 1/22/2004, Register 169

12 AAC 21.350 Floor covering contractor

A floor covering contractor installs

(1) carpet;

(2) flexible or resilient tile; or

(3) flexible or resilient sheet flooring.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.360 Glazing contractor

A glazing contractor installs

(1) windows, frames, and sashes of metal or wood;

(2) glass doors, frames and hardware; or

(3) stained glass windows, doors, and ceiling panels, but does not cut openings for skylights or install roof bubbles.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.370 Landscaping contractor

(a) A landscape contractor

(1) grades, fills, and levels ground;

(2) hauls fill, gravel, topsoil, sand, and similar construction materials;

(3) constructs water drainage systems, dewatering and ponds;

(4) performs hydro-seeding; or

(5) installs grass, shrubbery, trees, or other ornamental or decorative plants.

(b) A landscaping contractor does not prepare land for construction of a building or structure.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.380 Liquid or gas storage tank contractor

A liquid or gas storage tank contractor connects or installs non-Uniform Plumbing Code plumbing incidental to installation of storage tanks, but does not

(1) perform any work covered by the Uniform Plumbing Code adopted under AS 18.60.705;

(2) construct or alter the pad, base, footings, or structure housing the installed tank.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.390 Low voltage alarm or signaling device contractor

(a) A low voltage alarm or signaling device contractor installs

(1) fire sensing and signalling devices;

(2) intrusion or proximity detection and signalling devices; or

(3) automatic fire protection systems, except sprinkler systems.

(b) A low voltage alarm or signaling device contractor does not perform any work covered by the National Electrical Code cited in AS 18.60.580, unless the work is specifically exempted under AS 08.40.190.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.400 Marine contractor

A marine contractor performs work in the following areas:

(1) pilings driven for the construction of piers, docks, and other marine facilities;

(2) construction of caissons, seawalls, and jetties;

(3) dredging; or

(4) underwater construction.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.410 Masonry contractor

A masonry contractor installs

(1) chimneys of stone, brick, or block;

(2) stone or brick flooring;

(3) stone, brick, or block masonry fences and walls;

(4) refractories;

(5) fireplaces, attached or remote; or

(6) brick, stone and block mortaring.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.420 Mechanical contractor, exempt

The department will register as a specialty contractor, with a specialty trade designation of "mechanical, exempt" a person doing plumbing, heating, and other mechanical work that is exempt from the supervision of a mechanical administrator under AS 08.40.390(b)(1) or (b)(2). A person acting in this capacity is subject to all applicable requirements of the Department of Labor and Workforce Development under AS 18.62.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115; am 12/28/97, Register 144

12 AAC 21.430 Painting contractor

(a) A painting contractor uses brush, roller, or spray application techniques on all types of interior and exterior surfaces to

(1) perform surface preparation, including drywall taping, patching, filling, sanding, sand blasting, stripping, and masking;

(2) apply paints, stains, oils, coatings, sealants, epoxies, and similar products, including weatherproofing and waterproofing materials;

(3) apply texturing and acoustical spray-ons or paints;

(4) perform electrostatic applications; or

(5) striping on roads, parking lots, and curbs.

(b) A painting contractor who performs "hazardous painting," as defined in AS 18.63.100, is also subject to the certification requirements of AS 18.63.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.440 Plaster contractor

A plaster contractor

(1) installs wood or metal lath; or

(2) applies plaster and plaster-like materials.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.450 Road construction contractor

A road construction contractor performs the following services:

(1) grading, filling, and leveling;

(2) drilling;

(3) blasting;

(4) sand, gravel, rock, and water hauling and dispersing;

(5) compaction;

(6) staking;

(7) wooden bridges; or

(8) culverts.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.460 Roofing contractor

A roofing contractor performs the following services on all types of roofs using all types of roofing material:

(1) installation of roof sheathing;

(2) installation or application of roof weatherproofing and insulation;

(3) repair of structural damage to roof support system, but not construction or installation of new roof support system;

(4) extension of roof penetrations, vents, and drains on an existing structure, except electrical penetrations; or

(5) installation of skylights.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.470 Security systems contractor

(a) A security systems contractor installs security systems that become a permanent part of a structure, including

(1) vaults and related hardware; or

(2) mechanical and electronic locking devices and related hardware and controls.

(b) Installation of some security and vault equipment might also require a steel erection specialty contractor registration or an electrical contractor registration.

(c) A locksmith who sells or installs locks and related door hardware that do not become a permanent part of the structure, is exempt from registration as a security systems contractor under AS 08.18.161.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.480 Sheet metal contractor

(a) A sheet metal contractor performs work in the following areas:

(1) manufacture, fabrication, assembly, installation, and alteration of all ferrous or nonferrous metal work;

(2) lagging over insulation and duct lining;

(3) preparation of drawings taken from architectural and engineering plans required for fabrication and erections of sheet metal work;

(4) exterior wall sheathing and siding;

(5) metal roofing, flashing, and decking;

(6) ornamental sheet metal work, including cornices;

(7) metal venting, chimneys, and breaching;

(8) skylight installation;

(9) lavatory partitions;

(10) sheet metal shelving;

(11) louvers;

(12) commercial or industrial food service equipment; or

(13) demolition of sheet metal.

(b) This specialty contractor category does not include sheet metal work subject to building codes identified in AS 08.18.171, including heating, ventilation, and air conditioning ducting and equipment. Work subject to those codes is done by a mechanical or general contractor under the supervision of a mechanical administrator licensed under AS 08.40.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.490 Sign contractor

(a) A sign contractor fabricates and installs wooden, plastic, laminated, or metal signs, including those electrically operated.

(b) A sign contractor does not

(1) install or apply materials that commonly require specialized installation techniques, such as carpet or wallpaper; or

(2) perform any work covered by the National Electrical Code adopted under AS 18.60.580 unless specifically exempted in AS 08.40.190.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.500 Solid fuel appliance contractor

(a) A solid fuel appliance contractor is a specialty contractor who installs chimney-connected solid fuel heating appliances, including

(1) solid fuel room heaters;

(2) fireplace stoves;

(3) fireplace inserts;

(4) masonry and factory-built fireplaces;

(5) all chimney components, connectors, and accessories necessary for the installation of solid fuel appliances, including roof flashings; or

(6) noncombustible wall protection materials including masonry and ventilated sheet metal panels.

(b) In this section, "solid fuel" means

(1) wood in its various forms, including chunk wood, pressed logs, wood pellets, wood chips, and paper; and

(2) coal in its various forms, including processed coals, coke, peat, and charcoal.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.510 Steel erection contractor

(a) A steel erection contractor installs

(1) ornamental metal;

(2) structural steel;

(3) steel towers and pylons;

(4) jail or detention bars, gates and hardware;

(5) reinforcing steel for concrete;

(6) corrugated floor steel; or

(7) welding, soldering, or brazing necessary for installation but incidental to the structure.

(b) A steel erection contractor does not perform electrical code work related to jails, barriers, detention systems, or vaults.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.520 Tile and terrazzo contractor

A tile and terrazzo contractor installs, and uses materials required to secure, wood or metal lath and tile or terrazzo on floors, walls, or manufactured surfaces such as tables, cabinets, and shelves.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.530 Wallcovering contractor

A wallcovering contractor installs paper, fabric, and woven or woven-backed material, but does not paint or install wood or plastic laminated paneling.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.540 Water and sewer contractor

A water and sewer contractor installs water lines, septic tanks, and sanitary, storm, or drain sewer lines more than five feet from a building. A mechanical contractor registration under AS 08.18.028 is required before a person may install water lines, septic tanks, or sanitary, storm, or drain sewer lines five feet or less from a building, or perform work covered by a plumbing or mechanical code identified in AS 08.18.171.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115; am 8/8/2021, Register 239

12 AAC 21.550 Water system contractor

A water system contractor drills and constructs water wells and performs the work necessary for the installation, repair, or maintenance of water well system equipment. A water system contractor uses

(1) the equipment needed to plumb the water system from a submersible pump to the discharge side of the pressure tank;

(2) the equipment needed to wire the electrical system from the submersible pump to and including the well pump system controls terminating at the first point of connection before the circuit breaker panel.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.560 Welding contractor

(a) A welding contractor

(1) cuts, welds, solders, and brazes any metals;

(2) fabricates steel;

(3) performs welding inspections; or

(4) uses industrial radiologic techniques and materials.

(b) Nothing in this section prohibits cutting, welding, soldering, and brazing by mechanical contractors or other specialty contractors when that work is a necessary and integral part of that mechanical or specialty trade.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

12 AAC 21.570 Other specialty contractors

(a) The department will establish, modify, or delete existing specialty contractor trade categories based on established usage in the construction industry. The department will, in its discretion, register an applicant in a specialty trade not recognized by this chapter if the applicant can show to the department that the trade requires special skill that is not related to any of the specialty trades already established.

(b) The department will, in its discretion, register as a construction surveying specialty contractor a person whose trade involves setting of line and grade, slope staking, blue and red topping, and other construction oriented surveying procedures. The performance of "as-built" surveys or any of the services defined as the practice of land surveying in AS 08.48.341(14), require registration as a professional land surveyor under AS 08.48.

History

Authority: AS 08.01.080; AS 08.18.171 AS 08.18.021; AS 44.33.020
Eff. 7/26/90, Register 115

Article 3 Mechanical Contractor

12 AAC 21.600 Mechanical contractor

(a) A mechanical contractor, as defined in AS 08.18.171, is registered under AS 08.18.028 and is subject to that section's requirement regarding mechanical administrator licensure. Unless specifically exempted under AS 08.40.390, a mechanical contractor must be registered as, or employ, a mechanical administrator licensed under AS 08.40 and 12 AAC 39. The mechanical contractor may only submit bids for, or work on, projects for which the contractor has a licensed mechanical administrator assigned to the contractor registration. The mechanical administrator must be licensed under 12 AAC 39 in the category for which the contractor submits bids for, or works on, projects.

(b) A mechanical contractor may not function as a general contractor unless registered as a general contractor under AS 08.18, except that a mechanical contractor may contract with

(1) another licensed mechanical contractor; and

(2) an electrical contractor who performs electrical work directly related to the mechanical installation for which the prime mechanical contractor is responsible.

History

Authority: AS 08.01.080; AS 08.18.021; AS 08.18.171 AS 08.18.013; AS 08.18.028; AS 44.33.020
Eff. 7/26/90, Register 115; am 1/22/2004, Register 169; am 8/8/2021, Register 239

Article 4 Residential Contractor Endorsement

12 AAC 21.650 Residential contractor continuing competency requirements

(a) Except as provided in (b) of this section, an applicant for renewal of a residential contractor endorsement shall document having completed 16 contact hours of acceptable continuing competency activities.

(b) An applicant for renewal of a residential contractor endorsement for the first time shall document having completed eight contact hours of acceptable continuing competency activities for each complete calendar year the applicant held an endorsement during the concluding licensing period. If an applicant under this subsection held an endorsement for less than one complete calendar year during the concluding licensing period, the applicant is not required to complete any contact hours of continuing competency activities.

(c) If a residential endorsement holder completes more than the required number of contact hours of approved continuing competency activities during a licensing period, the holder may carry forward to the next licensing period no more than five of the surplus contact hours that were completed during the last 12 months of a licensing period. However, the holder may not carry forward any surplus contact hours to the next licensing period if the next licensing period begins on or after January 1, 2003.

(d) Except as provided in (c) of this section, an applicant for renewal of a residential contractor endorsement shall document that the applicant completed the number of contact hours of acceptable continuing competency activities claimed during the concluding licensing period.

(e) Repealed 10/15/2000.

(f) The department will not accept more than a total of eight contact hours per licensing period for continuing competency activities in business related topics. Business related topics include

(1) building and property management;

(2) finance and housing programs;

(3) labor, safety, and health issues;

(4) land development and environmental regulations;

(5) marketing and customer service;

(6) organization and business management;

(7) trends and forecasting housing markets;

(8) cardiopulmonary resuscitation (CPR), not to exceed two contact hours per licensing period; and

(9) first aid, not to exceed two contact hours per licensing period.

(g) The department will accept up to 16 contact hours per licensing period for continuing competency activities in technical topics. Technical topics include

(1) architecture and interior design;

(2) construction codes;

(3) materials and energy issues;

(4) remodeling issues; and

(5) construction techniques.

(h) The provisions of (f) and (g) of this section apply to endorsements being renewed for a licensing period beginning January 1, 2003 or later.

History

Authority: AS 08.01.080; AS 08.18.025
Eff. 11/12/94, Register 132; am 10/15/2000, Register 156

12 AAC 21.660 Acceptable continuing competency activities

(a) To be approved by the department, a continuing competency activity must contribute directly to the professional competency of a residential contractor and must be directly related to the skills and knowledge required for a person to work as a residential contractor.

(b) A continuing competency activity approved by one of the following organizations is approved by the department, without additional action, if the organization submits verification that the activity meets the requirements of (a) of this section:

(1) the Department of Labor and Workforce Development, the Department of Public Safety, or another state agency that offers an activity meeting the requirements of (a) of this section;

(2) the Alaska Housing Finance Corporation (AHFC);

(3) the University of Alaska;

(4) the Alaska State Homebuilders Association;

(5) the Alaska Professional Design Council;

(6) the Cold Climate Housing Research Center;

(7) the Alaska Craftsman Home Program, Inc.;

(8) the Associated General Contractors of Alaska.

(c) The department will approve, by means of a written determination, a continuing competency activity if the activity's sponsor or the residential endorsement holder

(1) demonstrates to the department's satisfaction that the activity meets the requirements of (a) of this section; and

(2) submits the following for approval on a form provided by the department:

(A) a description of the content of the activity;

(B) documentation of successful completion if the activity has already occurred;

(D) each known date and location of the activity;

(E) the number of contact hours requested to be awarded for successful completion of the activity;

(F) the name, address, and telephone number of the sponsor;

(G) a statement explaining how the activity meets the requirements of (a) of this section.

(d) An approval under (c) of this section expires two years after the date of department approval or on the date that the department determines that the continuing competency activity no longer meets the requirements of this section, whichever is sooner.

(e) Any proposed modification to the content of a continuing competency activity must be submitted in writing to the department for approval before the modification is implemented.

History

Authority: AS 08.01.080; AS 08.18.025
Eff. 11/12/94, Register 132; am 10/15/2000, Register 156; am 8/8/2021, Register 239

12 AAC 21.663 Types of continuing competency activities

For purposes of renewing an endorsement a "continuing competency activity" includes the following, if it meets the requirements of 12 AAC 21.660(a) and is approved under 12 AAC 21.660(b) or (c):

(1) a course, seminar, workshop, or correspondence course;

(2) completion of an energy rated home or remodel in accordance with 12 AAC 21.665(b);

(3) repealed 8/8/2021;

(4) first-time preparation and presentation of a residential construction course, seminar, or workshop;

(5) verification of passing the examination under AS 08.18.025(b)(2) during the concluding licensing period.

History

Authority: AS 08.01.080; AS 08.18.025
Eff. 10/15/2000, Register 156; am 8/8/2021, Register 239

12 AAC 21.665 Contact hours

(a) For successful completion of an approved continuing competency activity, the department will award the following contact hours:

(1) one contact hour for each consecutive 50-minute block of classroom instruction;

(2) 15 contact hours for one academic semester credit;

(3) ten contact hours for one academic quarter credit;

(4) for a correspondence course, the number of contact hours

(A) recommended by the organization if the course is approved under 12 AAC 21.660(b); or

(B) approved by the department if the course is approved under 12 AAC 21.660(c);

(5) 16 contact hours for successfully passing the examination under AS 08.18.025(b)(2);

(6) notwithstanding (1)-(4) of this subsection, no more than two contact hours for successful completion of a first aid or cardiopulmonary resuscitation (CPR) class for a licensing period that begins after January 1, 2003.

(b) The department will award a residential endorsement holder contact hours for completion of

(1) one new home per licensing period for a licensing period that begins before January 1, 2021, if the home is assigned an energy rating of "four-star plus" or higher by an energy rater authorized under and using the Alaska Home Energy Rating System established under 15 AAC 155.510 - 15 AAC 155.560; the department will award contact hours under this paragraph as follows:

(A) for a "four-star plus" home, four contact hours;

(B) for a "five-star" home, six contact hours;

(2) one new home per licensing period for a licensing period that begins on or after January 1, 2021, if the home is assigned an energy rating of "five-star" or higher by an energy rater authorized under and using the Alaska Home Energy Rating System established under 15 AAC 155.510 - 15 AAC 155.560; the department will award contact hours under this paragraph as follows:

(A) for a "five-star" home, four contact hours;

(B) for a "five-star plus" home, six contact hours;

(3) one remodel of an existing home per licensing period, if the remodel increases, by at least a half star, the energy rating assigned to the home by an energy rater authorized under and using the Alaska Home Energy Rating System established under 15 AAC 155.510 - 15 AAC 155.560; the department will award one contact hour for each half-star rating increase obtained on a remodel.

(c) For the first time preparation and presentation of a residential construction course, seminar, or workshop, as described in 12 AAC 21.663(4) and approved under 12 AAC 21.660(b) or (c), the department will award one and one-half times the contact hours approved for students in the course, up to a maximum of 16 contact hours.

(d) The department will not award contact hours to a licensee for the same activity more than once during a licensing period.

(e) Contact hours used to satisfy the reinstatement requirements of AS 08.18.025(c) when an endorsement has lapsed may not be submitted again to satisfy the requirements for a future renewal.

History

Authority: AS 08.01.080; AS 08.18.025
Eff. 10/15/2000, Register 156; am 8/8/2021, Register 239

12 AAC 21.670 Audit of continuing competency requirements

(a) After each renewal period the department will, in its discretion, audit renewal applications to monitor compliance with the continuing competency requirements of 12 AAC 21.650 - 12 AAC 21.670.

(b) A residential contractor selected for audit shall, within 30 days after the date of notification, submit documentation to the department to verify completion of the contact hours required in 12 AAC 21.650. The documentation must include a certificate or similar verification of satisfactory completion of the continuing competency activity that includes

(1) the name of the participant;

(2) the number of contact hours awarded;

(3) a description of the continuing competency activity;

(4) the dates of participation;

(5) the name and signature of the instructor, sponsor, or other verifier.

(c) An applicant for renewal of a residential contractor endorsement is responsible for maintaining adequate and detailed records of all contact hours of acceptable continuing competency activities claimed and shall make the records available to the department upon request under (b) of this section. Records must be retained for four years after the date the contact hours were earned.

History

Authority: AS 08.01.080; AS 08.18.025
Eff. 11/12/94, Register 132; am 10/15/2000, Register 156

12 AAC 21.680 Residential contractor endorsement

An applicant for a residential contractor endorsement must submit

(1) a complete application on a form provided by the department, including the name of the registered general contractor to whom the endorsement will be assigned;

(2) the applicable fees established in 12 AAC 02.180;

(3) verification that the applicant has obtained, within the 12 months immediately preceding the date of the application, a score of at least 70 percent on the residential contractor endorsement examination administered by PSI Services, LLC or other examination approved by the department; and

(4) verification that the applicant has satisfactorily completed, within the 24 months immediately preceding the date of the application, a program or course that meets the requirements of AS 08.18.025(b)(4).

History

Authority: AS 08.01.080; AS 08.18.013; AS 08.18.025
Eff. 12/28/97, Register 144; am 10/15/2000, Register 156; am 1/22/2004, Register 169; am 8/8/2021, Register 239

12 AAC 21.690 Assignment of residential endorsement

(a) A residential endorsement holder under (b) of this section shall serve in a position in which the residential endorsement holder ensures competent construction of residential construction projects of the type described in AS 08.18.025(a) for the general contractor to which the residential endorsement holder is assigned.

(b) If a general contractor is registered with the department as a

(1) sole proprietorship, the residential endorsement holder must be the sole proprietor;

(2) partnership, the residential endorsement holder must be one of the partners;

(3) corporation, the residential endorsement holder must be an employee of the corporation, an authorized member of the corporation's board of directors, or an officer of the corporation; or

(4) limited liability company, the residential endorsement holder must be an employee or an authorized member of the limited liability company.

(1) assigned to a general contractor

(A) who fails to renew the general contractor's registration; or

(B) whose registration is deactivated;

(2) not assigned to another registered general contractor; and

(3) otherwise eligible for the endorsement.

(d) An unassigned residential endorsement holder may assign the endorsement to a registered general contractor by submitting a completed residential endorsement assignment on a form provided by the department.

(e) On or after January 1, 2003, a residential endorsement may be assigned to no more than two general contractors.

History

Authority: AS 08.18.025
Eff. 10/15/2000, Register 156; am 8/8/2021, Register 239

12 AAC 21.695 Residential contractor endorsement renewal and reinstatement

(a) The department will renew a residential contractor endorsement that has been lapsed for more than 30 days but not more than two years if the applicant for renewal submits

(1) a completed renewal application on a form provided by the department;

(2) the applicable fee established in 12 AAC 02.180; and

(3) verification of the successful completion of the continuing competency requirements of 12 AAC 21.650.

(b) The department will reinstate a residential contractor endorsement that has been lapsed for more than two years but less than five years if the applicant for reinstatement submits

(1) a completed renewal application on a form provided by the department;

(2) the applicable fee established in 12 AAC 02.180; and

(3) verification that the applicant has obtained, within the 12 months immediately preceding the date of the application for reinstatement, a score of at least 70 percent on the residential contractor endorsement examination administered by PSI Services, LLC or other examination approved by the department.

(c) In accordance with AS 08.01.100(d), the department will not reinstate a residential contractor endorsement that has been lapsed for five years or more. The holder of a residential contractor endorsement that has been lapsed for five years or more must submit a new application for an endorsement under 12 AAC 21.680.

History

Authority: AS 08.01.080; AS 08.18.013 AS 08.01.100; AS 08.18.025
Eff. 1/22/2004, Register 169; am 8/8/2021, Register 239

Article 5 Handyman Contractor

12 AAC 21.700 Handyman contractor

A contractor doing business as described in AS 08.18.071(b)(4), may apply for registration as a handyman contractor. A holder of a handyman contractor registration may

(1) only submit bids for or work on projects within the scope of a contractor;

(2) not perform or employ a person to perform activities requiring an electrical or mechanical administrator under AS 08.40; and

(3) not perform or employ a person to perform activities requiring a residential contractor endorsement under AS 08.18.025.

History

Authority: AS 08.18.011; AS 08.18.013; AS 44.33.020
Eff. 8/8/2021, Register 239

Article 6 General Provisions

12 AAC 21.990 Definitions

Unless the context requires otherwise, in this chapter and for the purposes of AS 08.18,

(1) "cash deposit" includes negotiable securities filed with the commissioner under AS 08.18.071(c);

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

(3) "communications" means a system for transmitting or exchanging information, including telephones and computers;

(4) "construction contracting services" means the provision, as part of a construction contract agreement and for monetary compensation, of services and oversight for constructing or for the acts in any manner of a contractor;

(5) "contractor" has the meaning given in AS 08.18.171;

(6) "department" means the Department of Commerce, Community, and Economic Development;

(7) "entity" has the meaning given in AS 10.55.901;

(8) "joint venture" means an association of two or more persons to carry out construction projects for profit, for which purpose the persons combine their property, money, efforts, skill, and knowledge;

(9) "negotiable security" means any written security that may be transferred by endorsement and delivery or by delivery only, so as to vest in the transferee the right to demand payment of the full value stated on the face of the security, and includes time certificates of deposit, bonds issued by governmental agencies and other similar instruments;

(10) "partnership" means a legal form of business ownership organized under AS 32 between two or more natural persons;

(11) "person" means an individual, a sole proprietor, a partnership, a corporation, a limited liability company, limited liability partnership, or limited partnership;

(12) "Uniform Mechanical Code" has the meaning given in 12 AAC 39.992(b).

History

Authority: AS 44.33.020
Eff. 7/2/77, Register 62; am 1/19/2002, Register 161; am 8/8/2021, Register 239

Chapter 22 Home Inspectors

Article 1 Registration

12 AAC 22.005 Transitional registration

(a) The department will issue a transitional registration to practice home inspection to a home inspector or associate home inspector applicant who verifies meeting the requirements of sec. 44, ch. 134, SLA 2003, and submits

(1) a complete, notarized application on or before June 30, 2004;

(2) verification of having been,

(A) if applying for joint registration, in the business of home inspection on October 1, 2002 and at the time of application; verification under this subparagraph must include a copy of a business license issued under AS 43.70 for those periods;

(B) if applying for registration to practice home inspection of either existing or new homes, in the business of home inspection at the time of application; verification under this subparagraph must include a copy of a business license issued under AS 43.70 for that period; or

(C) if applying for registration as an associate home inspector, employed by an individual who is in the business of home inspection and is registered in the state; and

(3) evidence of a passing score on the examination that is applicable for the registration applied for and that is required under sec. 44, ch. 134, SLA 2003; that evidence must be sent directly to the department from the organization that administered the examination.

(b) A transitional registration issued under this section expires on December 31, 2005.

History

Authority: Sec. 44, ch. 134,AS 08.01.080 SLA 2003
Eff. 3/25/2004, Register 169

12 AAC 22.010 Application for registration as a home inspector

An applicant for a home inspector registration shall submit

(1) a complete, notarized application on a form provided by the department;

(2) verification of passing the appropriate examination in 12 AAC 22.030 for the category of home inspection applied for;

(3) the original surety bond or other security required in AS 08.18.071 issued in the name of the applicant;

(4) evidence of public liability and property damage insurance issued in the name of the applicant, as required under AS 08.18.101; and

(5) the applicable fees required in 12 AAC 02.235.

History

Authority: AS 08.01.065; AS 08.18.022; AS 08.18.101 AS 08.01.080; AS 08.18.041 AS 08.18.021; AS 08.18.071
Eff. 3/25/2004, Register 169

12 AAC 22.020 Application for registration as an associate home inspector

(a) An applicant for an associate home inspector registration shall submit

(1) a complete, notarized application on a form provided by the department;

(2) the name and registration number in this state of the home inspector that will employ and supervise the applicant;

(3) a statement of liability on a form provided by the department, signed by the home inspector that will employ and supervise the applicant; and

(4) the applicable fees required in 12 AAC 02.235.

(b) The individual identified in (a) of this section as the home inspector that will employ and supervise the applicant must be registered in the same category of home inspection that the applicant is applying for.

History

Authority: AS 08.01.065; AS 08.18.022 AS 08.18.021; AS 08.18.080
Eff. 3/25/2004, Register 169

12 AAC 22.030 Examination

(a) An applicant for registration to practice home inspection of

(1) existing homes, shall submit evidence of passing the

(A) National Home Inspector Examination, adopted by the American Society of Home Inspectors, and administered by the Examination Board of Professional Home Inspectors;

(B) Certified Real Estate Inspector Examination administered by the National Association of Home Inspectors; or

(2) new homes or for a joint registration, shall submit evidence of passing the

(A) Residential Building Inspector examination administered by the International Code Council;

(B) Residential Electrical Inspector examination administered by the International Code Council;

(D) Residential Plumbing Inspector examination administered by the International Code Council.

(b) Evidence of a passing score on the examinations in (a) of this section must be sent directly to the department from the organization administering the examination.

History

Authority: AS 08.01.080; AS 08.18.022
Eff. 3/25/2004, Register 169

12 AAC 22.040 Cash deposits instead of bond

(a) A certificate of deposit or other negotiable instrument filed with the commissioner instead of a bond must

(1) show the commissioner as payee and must bear on its face the words "State of Alaska in Trust for" or similar words that allow only the commissioner to negotiate the instrument;

(2) show the name of the home inspector;

(3) be accompanied by an assignment of negotiable instrument signed by the home inspector and a bank representative acknowledging transfer to the department;

(4) be issued for a period of at least three years before maturity, or if purchased for a shorter period, be automatically renewable; and

(5) remain pledged to the state in accordance with 12 AAC 22.050(e).

(b) At the time a certificate of deposit filed with the commissioner matures, the department must receive a letter from the bank or the home inspector requesting the commissioner to release the certificate to the bank for reissue. This letter must include the complete mailing address of the bank.

History

Authority: AS 08.01.080; AS 08.18.071; AS 44.33.020
Eff. 3/25/2004, Register 169

12 AAC 22.050 Negotiable security in place of surety bond

(a) When a negotiable security is filed with the commissioner in place of the bond as provided in AS 08.18.071(b), the owner of the security shall execute an assignment of the security, on behalf of the applicant, to the state, which is attached to and becomes a part of the security.

(b) For a home inspector, a time certificate of deposit in the face amount of $5,000 issued by a bank or trust company authorized to do business in the state, and meeting the requirements of 12 AAC 22.040 is an acceptable negotiable security for the purposes of AS 08.18.071(b).

(c) Negotiable securities other than those listed in this section, filed for the purposes of AS 08.18.071(b), will be considered on a case-by-case basis.

(d) The assignment required under (a) of this section must be on a form provided by the department.

(e) When either cash or a negotiable security filed in accordance with this section and AS 08.18.071(b) is accepted by the commissioner in the place of the surety bond required by AS 08.18.071, it must remain filed with and pledged to the state for the purposes of AS 08.18.071 for a period of three years after the

(1) effective date of a surety bond in like amount written in compliance with AS 08.18.071;

(2) lapse without reinstatement of the registration; or

(3) suspension or revocation without reinstatement of the registration.

History

Authority: AS 08.01.080; AS 08.18.071; AS 44.33.020
Eff. 3/25/2004, Register 169

12 AAC 22.060 Claims against cash deposits

(a) If a home inspector files a deposit instead of a surety bond under AS 08.18.071(b), a person having a claim against the home inspector for any of the items referred to in AS 08.18.071 may file a claim against the cash deposit by mailing a copy of the complaint against the home inspector to the commissioner by registered or certified mail at the time suit is filed. The commissioner will maintain a record, available for public inspection, of all complaints received.

(b) To assure adequate notice to the commissioner and other claimants, the complaint must specify for which of the items referred to in AS 08.18.071 the claim arises and when the claim arose.

(c) To assure adequate notice to the claimants, the court, and the commissioner, the complaint must specify the name of the home inspector, the home inspector's registration number, and the number of, or receipt number for, the cash deposit from which a final judgment is sought.

(d) A complaint filed with the commissioner which meets the requirements of (b) and (c) of this section is a pending claim under this section from the time it is received by the commissioner.

(e) If a complaint filed with the commissioner does not specify the information required in (b) and (c) of this section, it is not a pending claim for purposes of establishing priority unless the claimant also files an affidavit with the commissioner containing the required information.

(f) In this section, "cash deposit" includes negotiable securities filed with the commissioner under AS 08.18.071(b).

History

Authority: AS 08.18.071; AS 08.18.081; AS 44.33.020
Eff. 3/25/2004, Register 169

12 AAC 22.070 Payment of claims against a cash deposit

(a) A claimant who obtains final judgment against a home inspector may tender to the commissioner a certified copy of the final judgment with the request that payment be made upon the judgment from the proceeds of the cash deposit.

(b) To be paid from the cash deposit, a final judgment must be a judgment against the cash deposit. A judgment will be considered to be one against the cash deposit under AS 08.18.081(b) if it is rendered on a claim for one of the items specified in AS 08.18.071, and either the complaint or the final judgment identifies the cash deposit as the source of payment of the claim.

(c) To be paid from the cash deposit, the judgment must show for which item referred to in AS 08.18.071 judgment is entered and when the claim arose.

(d) If at the time the commissioner receives the first final judgment on a pending claim against a home inspector other claims are pending, the commissioner will immediately disburse the proceeds of the cash deposit to satisfy that judgment only if

(1) the total amount of all claims pending on the date the first judgment is received is less than the amount of the cash deposit; or

(2) all claims pending on the date the first judgment is received are of lower priority than the claim reduced to judgment.

(e) If, at the time the commissioner receives the first final judgment on a pending claim against a home inspector, the total amount of other pending claims exceeds the amount of the cash deposit or the judgment is rendered on a claim having lower priority than other pending claims, the commissioner will not disburse the proceeds of the cash deposit to satisfy any judgment until all pending claims are reduced to judgment or withdrawn from the commissioner's file. In this circumstance, claims received by the commissioner after receipt of the first final judgment will not be considered for payment until all previously pending claims have been satisfied or withdrawn. The later received claims will then be considered for payment from the remaining proceeds of the cash deposit, if any, in the same manner as if the previously pending claims had not existed.

(f) If a person making a claim that has lower priority than other pending claims submits a final judgment and the other pending claims of higher priority are not resolved by judgment or settlement or by being withdrawn, the person who has reduced that person's claim to judgment may establish a presumption of failure to prosecute the other claims. That presumption may be established by filing with the commissioner

(1) a written request to establish the presumption; and

(2) proof that the person has mailed a copy of the request by certified mail to the last known address of the claimant with higher priority, or of the claimant's attorney if the claimant is represented.

(g) The commissioner will place a copy of a request submitted under (f) of this section in the file open for public inspection. If the claimant named in the request as presumed not to be prosecuting a claim does not notify the commissioner within 60 days after the request is placed in the file that the claimant is still pursuing the claim against the home inspector, the commissioner may disburse the proceeds of the cash deposit according to the procedures set out in this section.

(h) If multiple pending claims that exceed the total amount of the cash deposit are to be satisfied, those claims will be satisfied in the order of priority established under AS 08.18.081(a). Claims having equal priority under the statute will be satisfied according to the proportion that each judgment bears to the sum of all the judgments of that class of priority.

(i) If a final judgment is tendered by a claimant who has not complied with the provisions of 12 AAC 22.060, or if a final judgment upon confession of judgment without action is tendered, the commissioner will place a copy of the judgment in the record, available for public inspection, of all suits commenced. The judgment will not be considered properly tendered for payment from the proceeds of the cash deposit until 30 days after the date of receipt by the commissioner, and other claims filed with the commissioner within the 30 days will be considered pending as of the effective date of the tender of judgment.

History

Authority: AS 08.18.071; AS 08.18.081; AS 44.33.020
Eff. 3/25/2004, Register 169

12 AAC 22.080 Other judicial remedies

History

Authority: AS 44.33.020
Eff. 3/25/2004, Register 169

12 AAC 22.090 Notice of violation of bonding or insurance requirements

Any written notice under AS 08.18.121(f) prohibiting further action will be sent to the home inspector's current address under 12 AAC 02.900. Upon delivery or a documented attempt to deliver that notice, the home inspector shall immediately stop all work as a home inspector.

History

Authority: AS 08.01.080; AS 08.18.071; AS 08.18.121
Eff. 3/25/2004, Register 169

Article 2 Renewal and Reinstatement

12 AAC 22.200 Renewal and reinstatement

(a) A home inspector whose registration has been lapsed for less than five years may apply for renewal of registration by submitting

(1) a completed renewal application on a form provided by the department;

(2) the renewal fee established in 12 AAC 02.235; and

(3) verification of

(A) successful completion of the continuing competency requirements of 12 AAC 22.300; or

(B) passing the applicable examination in 12 AAC 22.030 within the last 12 months.

(b) A home inspector registration that has been lapsed for five years or more may not be reinstated. A home inspector whose registration has been lapsed for five years or more may submit a new application for registration under 12 AAC 22.010.

(c) An associate home inspector whose registration has been lapsed for less than five years may apply for renewal of registration by submitting

(1) a completed renewal application on a form provided by the department;

(2) the name and registration number in this state of the home inspector that employs and supervises the associate home inspector;

(3) a statement of liability, on a form provided by the department, signed by the home inspector that will employ and supervise the applicant; and

(4) the renewal fee established in 12 AAC 02.235.

History

Authority: AS 08.01.065; AS 08.01.100; AS 08.18.041 AS 08.01.080; AS 08.18.031
Eff. 3/25/2004, Register 169

Article 3 Continuing Competency Requirements

12 AAC 22.300 Home inspector continuing competency requirements

(a) Except as provided in (b) of this section, an applicant for renewal of a home inspector registration must document having completed at least eight contact hours of acceptable continuing competency activities for the concluding licensing period.

(b) An applicant for renewal of a home inspector registration for the first time must document having completed at least four contact hours of acceptable continuing competency activities for each complete calendar year the applicant held a registration during the concluding licensing period. If an applicant under this subsection held a registration for less than one complete calendar year during the concluding licensing period, the applicant is not required to complete any contact hours of continuing competency activities.

History

Authority: AS 08.01.080; AS 08.18.031
Eff. 3/25/2004, Register 169

12 AAC 22.310 Acceptable continuing competency activities

(a) To be approved by the department, a continuing competency activity must contribute directly to the professional competency of a home inspector and must be directly related to the skills and knowledge required for an individual to work as a home inspector.

(b) A continuing competency activity approved by one of the following organizations is approved by the department, without additional action, if the organization submits the information required by (c)(2) of this section and verification that the activity meets the requirements of (a) of this section:

(1) the Alaska Housing Finance Corporation (AHEC);

(2) The University of Alaska;

(3) the American Society of Home Inspectors Alaska Chapter;

(4) a chapter of the International Code Council Alaska;

(5) the Alaska State Home Building Association; or

(6) a state agency that offers an activity that meets the requirements set by the department.

(c) The department will approve a continuing competency activity that has not already been approved by one of the organizations in (b) of this section, if the activity's sponsor or the home inspector

(1) demonstrates to the department's satisfaction, in writing, that the activity meets the requirements of (a) of this section; and

(2) submits the following for approval on a form provided by the department:

(A) a description of the content of the activity;

(B) documentation of successful completion if the activity has already occurred;

(D) each known date and location of the activity;

(E) the number of contact hours requested to be awarded for successful completion of the activity;

(F) the name, address, and telephone number of the sponsor.

(e) Any proposed modification to the content of a continuing competency activity must be submitted in writing to the department for approval before the modification is implemented.

History

Authority: AS 08.01.080; AS 08.18.031
Eff. 3/25/2004, Register 169

12 AAC 22.320 Contact hours

(a) For successful completion of an approved continuing competency activity, the department will award the following contact hours:

(1) one contact hour for each consecutive 50-minute block of classroom instruction;

(2) 15 contact hours for one academic semester credit;

(3) ten contact hours for one academic quarter credit;

(4) for a correspondence course, the number of contact hours

(A) recommended by the organization submitting the information required by 12 AAC 22.310(c)(2) if the course is approved under 12 AAC 22.310(b); or

(B) approved by the department if the course is approved under 12 AAC 22.310(c).

(b) The department will not award contact hours to an applicant for the same activity more than once during a licensing period.

(c) Contact hours used to satisfy the reinstatement requirements of 12 AAC 22.200 when a home inspector registration has lapsed may not be submitted again to satisfy the requirements for a future renewal.

History

Authority: AS 08.01.080; AS 08.18.031
Eff. 3/25/2004, Register 169

12 AAC 22.330 Audit of continuing competency requirements

(a) After each licensing period the department may audit renewal applications to monitor compliance with the continuing competency requirements of 12 AAC 22.300 - 12 AAC 22.320.

(b) A home inspector selected for audit shall, within 30 days after the date of notification, submit documentation to the department to verify completion of the contact hours required in 12 AAC 22.300. The documentation must include a certificate or similar verification of satisfactory completion of the continuing competency activity that includes

(1) the name of the participant;

(2) the number of contact hours awarded;

(3) a description of the continuing competency activity;

(4) the dates of participation; and

(5) the name and signature of the instructor, sponsor, or other verifier.

(c) An applicant for renewal of a home inspector registration must maintain adequate and detailed records of all contact hours of acceptable continuing competency activities claimed and must make the records available to the department upon request under (b) of this section. Records must be retained for four years after the date the contact hours were earned.

History

Authority: AS 08.01.080; AS 08.18.031
Eff. 3/25/2004, Register 169

Article 4 General Provisions

12 AAC 22.990 Definitions

Unless the context requires otherwise, in this chapter and for the purposes of AS 08.18,

(1) "commissioner" means the commissioner of commerce, community, and economic development;

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

(3) "negotiable security" means a written security that may be transferred by endorsement and delivery or by delivery only, so as to vest in the transferee the right to demand payment of the full value stated on the face of the security; "negotiable security" include time certificates of deposit, bonds issued by government agencies, and other similar instruments.

History

Authority: AS 08.01.080; AS 08.18.071; AS 44.33.020
Eff. 3/25/2004, Register 169

Chapter 28 Board of Dental Examiners

Article 1 Administration of Deep Sedation, General Anesthesia, Moderate Sedation, and Minimal Sedation

12 AAC 28.010 Permit requirements for use of deep sedation or general anesthesia

(a) Before administering deep sedation or general anesthesia a dentist licensed under AS 08.36 must have a deep sedation or general anesthesia permit issued by the board.

(b) An applicant for an initial or renewed permit to administer deep sedation or general anesthesia must

(1) submit a completed application on a form provided by the board;

(2) submit a dated and signed affidavit stating that the information provided is true, and that the dentist has read and complied with all applicable statutes and regulations;

(3) submit, on a form provided by the board, a dated and signed affidavit attesting that the dentist's facility meets the requirements of this chapter for the administration of deep sedation or general anesthesia;

(4) hold a current registration to prescribe and administer controlled substances in this state issued by the United States Drug Enforcement Administration (DEA);

(5) provide proof of current certification in advanced resuscitative techniques with hands-on simulated airway and megacode training for healthcare providers, including basic electrocardiographic interpretation; qualifying certification for an applicant who seeks to treat patients 13 years of age or older includes the American Heart Association's Advanced Cardiac Life Support (ACLS) for Health Professionals; qualifying certification for an applicant who seeks to treat patients younger than 13 years of age includes Pediatric Advanced Life Support (PALS) for Health Professionals; an applicant who seeks to treat patients of any age must also be certified in both ACLS for Health Professionals and PALS for Health Professionals or must be certified in equivalent qualifying certifications under this paragraph, one for advanced cardiac life support for health professionals and one for pediatric advanced life support for health professionals; and

(6) submit the applicable fees specified in 12 AAC 02.190.

(c) In addition to meeting the requirements of (b) and (d) of this section, an applicant for an initial permit to provide deep sedation or general anesthesia must provide documentation that the applicant

(1) is a member of the American Association of Oral and Maxillofacial Surgery;

(2) successfully completed an advanced educational program in oral maxillofacial surgery accredited by the Commission on Dental Accreditation (CODA) of the American Dental Association; or

(3) successfully completed an advanced educational program in dental anesthesiology accredited by the Commission on Dental Accreditation (CODA) of the American Dental Association.

(d) In addition to meeting the requirements of (b) and (c) of this section, an applicant for an initial permit to provide deep sedation or general anesthesia must provide documentation that

(1) within three years immediately before application, the applicant completed training or education identified in (c)(2) or (3) of this section in general anesthesia or deep sedation;

(2) if more than three years but less than five years have elapsed since completing training or education identified in (c)(2) or (3) of this section in general anesthesia or deep sedation, the applicant completed all continuing education that would have been required for a deep sedation or general anesthesia permit under this section;

(3) if more than three years but less than five years have elapsed since completing training or education identified in (c)(2) or (3) of this section in general anesthesia or deep sedation, the applicant completed a comprehensive review course approved by the board;

(4) if more than five years have elapsed since completing training or education identified in (c)(2) or (3) of this section in general anesthesia or deep sedation the applicant holds a permit for general anesthesia or deep sedation from another jurisdiction where the applicant is also licensed to practice dentistry and where the applicant completed at least 25 anesthesia cases at the requested permit level not earlier than the 12 months immediately preceding application; or

(5) demonstrates current competency to the satisfaction of the board that the applicant has adequate sedation or anesthesia skill to safely deliver deep sedation or general anesthesia services to the public.

(e) In addition to meeting the requirements of (b) of this section, on or after March 1, 2019, a dentist who seeks to renew a permit to administer deep sedation or general anesthesia must

(1) during each biennial licensing period participate in four or more contact hours of continuing education that relates specifically to hands-on advanced airway management or general anesthesia; if the permit holder provides

(A) anesthesia for patients younger than 13 years of age, the course must be a pediatric course;

(B) anesthesia for patients older and younger than 13 years of age, at least four contact hours of continuing education must relate specifically to hands-on advanced airway management of patients older than 13 years of age, and at least four additional contact hours of continuing education must relate specifically to hands-on advanced airway management of patients younger than 13 years of age;

(2) during each biennial licensing period participate in eight contact hours of continuing education that focuses on one or more of the following:

(A) physical evaluation;

(B) medical emergencies;

(D) pharmacology of drugs and agents used in deep sedation and general anesthesia;

(3) complete at least 50 general anesthesia or deep sedation cases each biennial licensing period;

(4) maintain continuing education records that can be audited, including course titles, instructors, dates attended, sponsors, and number of contact hours for each course; and

(5) if seeking to renew a permit to administer general anesthesia or deep sedation to a patient younger than 13 years of age,

(A) meet the requirements of this section; and

(B) provide documentation that at least 20 of the 50 anesthesia or deep sedation cases were individually managed patients younger than 13 years of age.

(f) A dentist who has met the requirements of this section to administer deep sedation or general anesthesia to patients younger than 13 years of age will be issued a permit that so indicates.

(g) A permit to administer deep sedation and general anesthesia

(1) will be renewed when the dentist's license to practice is renewed if the dentist demonstrates continued compliance with AS 08.36 and this chapter;

(2) lapses or expires on the date the dentist's license lapses or expires; and

(3) may be reinstated if the permit has lapsed more than 60 days but less than two years if the applicant submits

(A) a completed application for renewal on a form provided by the department;

(B) the applicable renewal fee established in 12 AAC 02.190; and

(C) evidence of continuing education and documentation of sedation cases required by (e)(1), (2), (3), and (5) of this section, as applicable; the sedation cases required under this subparagraph must be completed while holding a current deep sedation and general anesthesia permit, or while under the supervision of a current deep sedation or general anesthesia permit holder, or an anesthesiologist or certified registered nurse anesthetist.

(h) For purposes of this section,

(1) one contact hour equals 50 minutes of instruction;

(2) one academic semester credit hour equals 15 contact hours;

(3) one academic quarter credit equals 10 contact hours; and

(4) one continuing education credit equals one contact hour.

(i) Credit is given only for class hours and not hours devoted to class preparation.

History

Authority: AS 08.01.065; AS 08.36.100; AS 08.36.234 AS 08.36.070; AS 08.36.110; AS 08.36.250
Eff. 4/10/70, Register 34; am 5/29/98, Register 146; am 6/24/2012, Register 202; am 12/15/2013, Register 208; am 4/14/2018, Register 226; am 12/9/2018, Register 228; am 5/1/2019, Register 230; am 3/5/2020, Register 233

12 AAC 28.015 Permit requirements for use of moderate sedation, or for use of minimal sedation for a patient younger than 13 years of age

(a) Unless exempt under 12 AAC 28.065, before administering moderate sedation to a patient, or minimal sedation to a patient younger than 13 years of age, a dentist licensed under AS 08.36 must have a moderate sedation permit issued by the board.

(b) The requirement to obtain a permit to administer moderate or minimal sedation under this section does not apply to a dentist currently permitted under 12 AAC 28.010 to administer deep sedation and general anesthesia.

(c) A dentist who holds a permit under this section may not administer or employ an agent or technique that has so narrow a margin for maintaining consciousness that the agent or technique is most likely to produce deep sedation or general anesthesia. These agents include ketamine, propofol, brevital, and sodium pentothal.

(d) An applicant for an initial or renewed permit to administer moderate or minimal sedation under this section must

(1) submit a completed application on a form provided by the board;

(2) submit a dated and signed affidavit stating that the information provided is true, and that the dentist has read and complied with all applicable statutes and regulations;

(3) submit, on a form provided by the board, a dated and signed affidavit attesting that the dentist's facility meets the requirements of this chapter for the administration of moderate or minimal sedation under this section;

(4) hold a current registration to prescribe and administer controlled substances in this state issued by the United States Drug Enforcement Administration (DEA);

(5) provide proof of current certification in advanced resuscitative techniques with hands-on simulated airway and megacode training for healthcare providers, including basic electrocardiographic interpretation; qualifying certification for an applicant who seeks to treat patients 13 years of age and older includes the American Heart Association's Advanced Cardiac Life Support (ACLS) for Health Professionals; qualifying certification for an applicant who seeks to treat patients younger than 13 years of age includes Pediatric Advanced Life Support (PALS) for Health Professionals; an applicant who seeks to treat patients of any age must also be certified in both ACLS for Health Professionals and PALS for Health Professionals or must be certified in equivalent qualifying certifications under this paragraph, one for advanced cardiac life support for health professionals and one for pediatric advanced life support for health professionals; and

(6) submit the applicable fees specified in 12 AAC 02.190.

(e) In addition to meeting the requirements of (d) and (g) of this section,

(1) an applicant for an initial permit to administer moderate sedation to a patient who is at least 13 years of age under this section must provide documentation that the applicant completed either

(A) training in moderate sedation consistent with the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, as adopted by the American Dental Association (ADA) House of Delegates, October 2016, adopted by reference; the applicant must complete the training required under this subparagraph while enrolled in

(i) a dental program accredited by the Commission on Dental Accreditation (CODA) of the American Dental Association; or

(ii) a post-doctoral university or teaching hospital program; or

(B) a board-approved continuing education course in sedation consistent with the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, adopted by reference in (A) of this paragraph, and required under 12 AAC 28.026; the course must consist of a minimum of 60 hours of instruction plus administration of sedation for at least 20 individually managed patients per participant to establish competency and clinical experience in moderate sedation and management of a compromised airway; and

(2) before administering moderate or minimal sedation to a patient younger than 13 years of age, an applicant for an initial permit must

(A) provide proof that the applicant completed an additional 30 hours of board-approved coursework in pediatric moderate sedation required under 12 AAC 28.027; and

(B) provide proof of administration of sedation for at least 20 individually managed patients younger than 13 years of age while under the supervision of a sedation provider holding a current moderate or deep sedation permit in good standing for patients under 13 years of age or an anesthesiologist or certified registered nurse anesthetist licensed in this state or another jurisdiction.

(f) In addition to meeting the requirements of (d) and (g) of this section, an applicant for an initial permit to administer moderate or minimal sedation only to patients who are younger than 13 years of age under this section must provide proof of administration of sedation for at least 20 individually managed patients younger than 13 years of age to establish competency and clinical experience in management of a compromised airway, and provide documentation that the applicant has completed a Commission on Dental Accreditation (CODA) accredited residency in pediatric dentistry.

(g) In addition to meeting the requirements of (d) and (e) of this section, or (f) of this section if administering moderate or minimal sedation to a patient who is younger than 13 years of age, an applicant for an initial permit to provide moderate sedation and minimal sedation under this section must provide documentation that

(1) within three years immediately before application, the applicant completed training or education as required in this section in moderate sedation;

(2) if more than three years but less than five years have elapsed since completing training or education as required in this section in moderate sedation, the applicant completed all continuing education that would have been required for a permit under this section;

(3) if more than three years but less than five years have elapsed since completing training or education as required in this section in moderate sedation, the applicant completed a comprehensive review course approved by the board in moderate sedation;

(4) if more than five years have elapsed since completing training or education as required in this section in moderate sedation, the applicant holds a permit for moderate sedation from another jurisdiction where the applicant is also licensed to practice dentistry and where the applicant completed at least 25 anesthesia cases at the moderate sedation level not earlier than the 24 months immediately preceding application; or

(5) demonstrates current competency to the satisfaction of the board that the applicant has skill in moderate sedation to safely deliver moderate sedation services to the public.

(h) In addition to meeting the requirements of (d) of this section, on or after March 1, 2019, a dentist who seeks to renew a permit to administer moderate or minimal sedation under this section must

(1) during each biennial licensing period participate in four or more contact hours of continuing education that relates specifically to hands-on advanced airway management; contact hours earned from certification in health care provider basic life support (BLS), advanced cardiac life support (ACLS), and pediatric advanced life support (PALS) courses may be used to meet the continuing education requirements for obtaining or renewing a permit to administer moderate or minimal sedation under this section; if the permit holder provides

(A) moderate or minimal sedation for patients younger than 13 years of age, the course must be a pediatric course;

(B) moderate or minimal sedation for patients older and younger than 13 years of age, at least four contact hours of continuing education must relate specifically to hands-on advanced airway management of patients older than 13 years of age, and at least four additional contact hours of continuing education must relate specifically to hands-on advanced airway management of patients younger than 13 years of age;

(2) during each biennial licensing period participate in four contact hours of continuing education that focuses on one or more of the following:

(A) venipuncture;

(B) intravenous sedation;

(D) physiology;

(E) pharmacology;

(F) nitrous oxide analgesia;

(G) patient evaluation, patient monitoring, or medical emergencies;

(3) complete at least 25 moderate sedation cases each biennial renewal period;

(4) maintain continuing education records that can be audited, including course titles, instructors, dates attended, sponsors, and number of contact hours for each course; and

(5) if seeking to renew a permit to administer moderate or minimal sedation to a patient younger than 13 years of age,

(A) meet the requirements of this section;

(B) provide documentation that at least 10 of the 25 moderate sedation cases were individually managed patients younger than 13 years of age.

(i) A dentist who holds a permit for parenteral sedation that the board issued before April 14, 2018 will be issued a moderate sedation permit immediately.

(j) After March 1, 2019, in order to provide moderate or minimal sedation to patients younger than 13 years of age, a dentist who holds a moderate sedation permit for a patient 13 years of age or older must

(1) provide proof of an additional 30 hours of board-approved continuing education in pediatric moderate sedation required under 12 AAC 28.027; and

(2) provide proof of administration of sedation for at least 20 individually managed patients younger than 13 years of age while under the supervision of a sedation provider holding a current moderate or deep sedation permit in good standing for patients under 13 years of age or an anesthesiologist or certified registered nurse anesthetist licensed in this state or another jurisdiction.

(k) A dentist who has met the requirements of this section to administer moderate or minimal sedation to patients younger than 13 years of age will be issued a permit that so indicates.

(l) A permit to administer moderate or minimal sedation under this section

(1) will be renewed when the dentist's license to practice is renewed if the dentist demonstrates continued compliance with AS 08.36 and this chapter;

(2) lapses or expires on the date the dentist's license lapses or expires; and

(3) may be reinstated if the permit has lapsed more than 60 days but less than two years if the applicant submits

(A) a completed application for renewal on a form provided by the department;

(B) the applicable renewal fee established in 12 AAC 02.190; and

(C) evidence of continuing education and documentation of sedation cases required by (h)(1), (2), (3), and (5) of this section, as applicable; the sedation cases required under this subparagraph must be completed while holding a current moderate sedation permit, or while under the supervision of a current deep sedation and general anesthesia permit holder, or an anesthesiologist or certified registered nurse anesthetist.

(m) For purposes of this section,

(1) one contact hour equals 50 minutes of instruction;

(2) one academic semester credit hour equals 15 contact hours;

(3) one academic quarter credit equals 10 contact hours; and

(4) one continuing education credit equals one contact hour.

(n) Credit is given only for class hours and not hours devoted to class preparation.

History

Authority: AS 08.01.065; AS 08.36.100; AS 08.36.234 AS 08.36.070; AS 08.36.110; AS 08.36.250
Eff. 4/14/2018, Register 226; am 12/9/2018, Register 228; am 5/1/2019, Register 230; am 3/5/2020, Register 233

12 AAC 28.020 Operative procedure

Repealed

History

Eff. 4/10/70, Register 34; repealed 6/24/2012, Register 202

12 AAC 28.025 Board approval of coursework or continuing education in moderate sedation, or minimal sedation of patients younger than 13 years of age

The board may upon its own motion or upon the request of any interested person, approve coursework required under 12 AAC 28.015(e)(2)(A) or continuing education required under 12 AAC 28.015(e)(1)(B) or (j)(1) upon receipt of

(1) a completed form provided by the department that includes the name of the college or university providing the course, or if the course is completed through a continuing education course, the name of the sponsor, accredited program and faculty member presenting the course;

(2) a course outline that verifies inclusion of the subjects and procedures required under

(A) 12 AAC 28.026 if certification to administer moderate sedation only for patients 13 years of age and older is sought; and

(B) 12 AAC 28.027 if certification to administer moderate or minimal sedation for patients younger than 13 years of age is sought; and

(3) an explanation of the evaluation procedures used to determine successful completion of the course.

History

Authority: AS 08.36.070
Eff. 5/1/2019, Register 230

12 AAC 28.026 Requirements for documentation of training or a continuing education course in moderate sedation for patients 13 years of age and older

(a) Documentation of training or continuing education course required under 12 AAC 28.015(e)(1)(B) for an initial permit in moderate sedation only for patients 13 years of age and older must include

(1) a certification of competence in moderate sedation techniques;

(2) a certification of competence in rescuing patients from a deeper level of sedation than intended, including managing the airway, intravascular or intraosseous access, and reversal medications;

(3) a provision by the course director or faculty of additional clinical experience if participant competency has not been achieved in the time allotted; and

(4) records of instruction and clinical experience that are maintained and available for participant review, including the number of patients managed by each participant in each modality or route.

(b) To receive board approval, a continuing education course required under 12 AAC 28.015(e)(1)(B) for an initial permit in moderate sedation for patients 13 years of age and older must be certified by the American Dental Association (ADA) Continuing Education Recognition Program (CERP), or the Academy of General Dentistry (AGD) Program Approval for Continuing Education (PACE).

History

Authority: AS 08.36.070
Eff. 5/1/2019, Register 230

12 AAC 28.027 Requirements for coursework or continuing education in moderate sedation and minimal sedation for patients younger than 13 years of age

To receive board approval for coursework required under 12 AAC 28.015 (e)(2)(A) or continuing education under 12 AAC 28.015(j)(1), the coursework or continuing education must be certified by the American Dental Association (ADA) Continuing Education Recognition Program (CERP), the Academy of General Dentistry (AGD) Program Approval for Continuing Education (PACE), or the American Academy of Pediatric Dentistry (AAPD), or offered by other organizations approved by the board including, the American Dental Society of Anesthesiology (ADSA), and the Society for Pediatric Sedation (SPS). Course titles and outlines must be provided to the board and must include the following subject areas:

(1) physical, psychological, and social child development, and age-appropriate behavior response;

(2) principles and objectives of sedation and anesthesia as behavior guidance techniques in children, and indication and contraindications for sedatives and their use;

(3) prevention, recognition, treatment, and management of pharmacological related emergencies in pediatric patients, and rescuing a child from a deeper level of sedation than intended;

(4) pre-operative evaluation and risk assessment of the pediatric patient;

(5) assessing the effects of pharmacologic agents on the pediatric patient;

(6) at least three hours of hands-on simulated airway management specific to the pediatric patient;

(7) pediatric patient monitoring; and

(8) recovery room management and pediatric post-operative appraisal and follow-up.

History

Authority: AS 08.36.070
Eff. 5/1/2019, Register 230

12 AAC 28.030 Persons other than permit holders

(a) In addition to a dentist holding a valid permit under 12 AAC 28.010 or 12 AAC 28.015, the following persons may administer deep sedation, general anesthesia, or moderate sedation:

(1) a certified registered nurse anesthetist with a valid license under AS 08.68 and 12 AAC 44 from the Board of Nursing;

(2) a physician with a valid license under AS 08.64 and 12 AAC 40 from the State Medical Board to practice anesthesiology.

(b) A dentist employing or collaborating with a person described in (a)(1) or (2) of this section must establish a written agreement with that person to guarantee that, when deep sedation, general anesthesia, or moderate sedation is provided, all facility, equipment, monitoring, and training requirements for all personnel under this chapter have been met. The dentist shall provide the written agreement to the board.

(1) hold a current registration to prescribe and administer controlled substances in this state issued by the United States Drug Enforcement Administration (DEA);

(2) provide all dental treatment and ensure that the person described in (a)(1) or (2) of this section remains in the dental facility until the patient receiving anesthesia or sedation services is discharged;

(3) ensure that all sedation and anesthesia records provided by the person described in (a)(1) or (2) of this section are maintained as a permanent part of the patient's treatment record; and

(4) notify the board at the initiation of the employment or collaboration by filing notice of the written agreement, on a form provided by the board; the dentist must notify the board of any amendments to the agreement when a dental license is renewed.

History

Authority: AS 08.36.070
Eff. 4/10/70, Register 34; am 6/24/2012, Register 202; am 4/14/2018, Register 226

12 AAC 28.040 Informed written consent

Before administering deep sedation, general anesthesia, or moderate sedation, and before administering minimal sedation to a patient younger than 13 years of age, a dentist shall

(1) discuss with the patient, or with the patient's parent, legal guardian, or caregiver if the patient is younger than 13 years of age, the nature and objectives of the sedation and anesthesia along with the risks, benefits, and alternatives;

(2) obtain informed written consent of the patient or of the parent or legal guardian; and

(3) maintain a copy of the informed written consent in the patient's permanent record.

History

Authority: AS 08.36.070
Eff. 4/10/70, Register 34; am 12/15/2013, Register 208; am 4/14/2018, Register 226

12 AAC 28.050 Medical history

(a) Before administering deep sedation, general anesthesia, or moderate sedation to a patient, and before administering minimal sedation to a patient younger than 13 years of age, a dentist shall

(1) obtain and record the patient's medical history, including

(A) a description of all current treatments;

(B) all current medications and dosages;

(D) impending operations;

(E) pregnancies; and

(F) other information that may be helpful to the person administering the sedation or anesthesia; and

(2) record the questions asked of and answers received from the patient, parent, legal guardian, or caregiver, signed by the patient, parent, legal guardian, or caregiver, as a permanent part of the patient's treatment record.

(b) The dentist is not required to make a medical examination of the patient and draw medical diagnostic conclusions. If the dentist suspects a problem and calls in a physician for an examination, the dentist may rely upon the physician's conclusion and diagnosis.

History

Authority: AS 08.36.070
Eff. 4/10/70, Register 34; am 12/15/2013, Register 208; am 4/14/2018, Register 226

12 AAC 28.060 Requirements for administering deep sedation, general anesthesia, moderate sedation, or minimal sedation for a patient younger than 13 years of age

(a) The document Guidelines for the Use of Sedation and General Anesthesia by Dentists, as adopted by the American Dental Association (ADA) House of Delegates, October 2016, is adopted by reference as the standards for administering deep sedation, general anesthesia, and moderate sedation to patients 13 years of age and older and applies to all licensees subject to this chapter, unless otherwise specified in this chapter.

(b) The document Guideline for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures, developed and endorsed by the American Academy of Pediatrics and the American Academy of Pediatric Dentistry, adopted in 2006 and reaffirmed in 2011, is adopted by reference as the standards for administering deep sedation, general anesthesia, moderate sedation, and minimal sedation to patients younger than 13 years of age and applies to all licensees subject to this chapter, unless otherwise specified in this chapter.

(c) When a patient younger than 13 years of age requires sedation or anesthesia, a sedating medication may not be prescribed for or administered to that patient before the patient arrives at the dentist's facility.

(d) When deep sedation, general anesthesia, moderate sedation, or minimal sedation to a patient younger than 13 years old is administered, the dentist

(1) shall record baseline vital signs before administration of a controlled substance and before discharge, unless the patient's behavior prevents this determination; in this paragraph "controlled substance" has the meaning given in AS 11.71.900;

(2) repealed 12/9/2018;

(3) shall record sedation and anesthesia records in a timely manner; the records must include

(A) blood pressure;

(B) heart rate;

(D) blood oxygen saturation;

(E) drugs administered, including dosages, the time that drugs were administered, and the route of administration;

(F) the length of the procedure;

(G) the patient's temperature; if depolarizing medications or volatile anesthetics are administered, temperature must be monitored constantly; and

(H) any complications from anesthesia or sedation;

(4) shall stop the dental procedure if a patient enters a deeper level of sedation than the dentist is permitted to provide until the patient returns to, and is stable at, the intended level of sedation; while returning the patient to the intended level of sedation, the patient's pulse, respiration, blood pressure, and pulse oximetry must be monitored and recorded at least every five minutes;

(5) may not discharge a patient until the person who administered the sedation or anesthesia, or another practitioner qualified to administer the same level of sedation or anesthesia, determines that the patient's level of consciousness, oxygenation, ventilation, and circulation are satisfactory for discharge and vital signs have been taken and recorded;

(6) shall give postoperative instructions verbally and in writing; the written instructions must include a 24-hour emergency telephone number that directly calls the dental provider;

(7) shall discharge the patient to a responsible individual who has been instructed with regard to the patient's care; and

(8) shall make a discharge entry in the patient's record describing the patient's condition upon discharge and the responsible party to whom the patient was discharged.

(e) When deep sedation, general anesthesia, moderate sedation, or minimal sedation to a patient younger than 13 years of age is administered, the dentist's facility shall

(1) have an operating table or chair that permits the patient to be positioned so the operating team can maintain the airway, quickly alter patient position in an emergency, and provide a firm platform for the administration of basic life support;

(2) have a lighting system that is adequate to permit evaluation of the patient's skin and mucosal color, and a backup lighting system of sufficient intensity to permit conclusion of the operation when power fails;

(3) have suction equipment capable of aspirating gastric contents from the mouth and pharyngeal cavities, and a backup suction device that does not depend on power supply from the facility;

(4) have an oxygen delivery system with adequate full face masks and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, and an adequate portable backup system;

(5) have a recovery area that has available oxygen, adequate lighting, suction, and electrical outlets, though the recovery area can be the operating area;

(6) have a defibrillator or automated external defibrillator (AED) available and in reach within 60 seconds from any area where anesthesia or sedation is administered;

(7) have written basic emergency procedures established and maintain a staff of supervised personnel capable of handling procedures, complications, and emergency incidents; all personnel involved in patient care must hold a certification in healthcare professional cardiopulmonary resuscitation (CPR);

(8) conduct a training exercise at least two times each calendar year and log each exercise; the log must be signed and dated and must include

(A) the names and positions of facility personnel or practitioners present;

(B) proof of current certification in cardiopulmonary resuscitation (CPR), advanced cardiac life support (ACLS), or pediatric advanced life support (PALS) for each person involved in patient care; and

(C) a completed checklist provided by the board, or an equivalent, to establish competency in handling procedures, complications, and emergency incidents;

(9) maintain the following equipment and drugs in the facility and available for immediate use:

(A) oral and nasal airways of various sizes;

(B) a supra-glottic airway device;

(D) a pulse oximeter;

(E) a respiratory monitoring device;

(F) adequate equipment to establish an intravenous infusion, including hardware and fluids;

(G) a narcotic antagonist;

(H) a corticosteroid;

(I) a bronchodilator;

(J) an anticholinergic;

(K) an antiarrhythmic;

(L) an antihistamine;

(M) a coronary artery vasodilator;

(N) a benzodiazepine antagonist;

(O) sterile needles, syringes, tourniquets, and tape;

(P) epinephrine;

(Q) an antiemetic; and

(R) 50 percent dextrose or other anti-hypoglycemic; and

(10) display a permit for moderate sedation, deep sedation, or general anesthesia and current dental license in a conspicuous place where the dentist practices.

History

Authority: AS 08.36.070
Eff. 4/10/70, Register 34; am 6/24/2012, Register 202; am 12/15/2013, Register 208; am 4/14/2018, Register 226; am 12/9/2018, Register 228

12 AAC 28.061 Additional requirements for administering deep sedation or general anesthesia

In addition to meeting the requirements of 12 AAC 28.060, when deep sedation or general anesthesia is administered,

(1) the dentist's facility must have an operating area large enough to adequately accommodate the patient on a table or in an operating chair and permit an operating team consisting of at least three individuals to freely move about the patient;

(2) the dentist's facility must have a laryngoscope complete with an adequate selection of blades, spare batteries, and bulbs;

(3) the dentist's facility must have endotracheal tubes and appropriate connectors, a supra-glottic airway device, and other appropriate equipment necessary to do an intubation;

(4) the dentist's facility must have a tonsillar or pharyngeal suction tip adaptable to all outlets;

(5) the dentist's facility must have endotracheal tube forceps;

(6) the dentist's facility must have an electrocardiographic monitor;

(7) the dentist shall use an end-tidal carbon dioxide monitor to monitor respiration;

(8) the dentist's facility must have the following emergency equipment and drugs in the facility and available for immediate use:

(A) a vasopressor;

(B) a muscle relaxant;

(D) an antihypertensive;

(E) an anticonvulsant; and

(F) dantrolene sodium or its equivalent if administering general anesthesia by means of inhalation;

(9) the provider administering deep sedation or general anesthesia shall establish and maintain a secured intravenous line throughout the procedure, unless poor patient cooperation prevents placement or the ability to maintain the line;

(10) the provider administering deep sedation or general anesthesia shall remain in the operatory room to monitor the patient continuously until the patient is responsive and recovery care can be transferred to a staff member capable of handling procedures, complications, and emergency incidents related to the type of sedation or anesthesia used;

(11) the provider who administered deep sedation or general anesthesia, or another licensed practitioner qualified to administer the same level of sedation or anesthesia, shall remain on the premises of the dentist's facility until the patient has regained consciousness and is discharged;

(12) if the deep sedation or general anesthesia provider is the treating dentist, the treatment team shall include a second trained person to monitor and observe the patient at all times during the procedure, and a third person to assist the dentist; and

(13) the provider must continually monitor a patient's heart rate, blood pressure, and respiration using electrocardiographic monitoring, pulse oximetry, a blood pressure monitoring device, and a respiration monitoring device.

History

Authority: AS 08.36.070
Eff. 4/14/2018, Register 226; am 12/9/2018, Register 228

12 AAC 28.062 Additional requirements for administering moderate sedation, or minimal sedation for a patent younger than 13 years of age

In addition to meeting the requirements of 12 AAC 28.060, when moderate sedation is administered to a patient of any age, or minimal sedation is administered to a patient younger than 13 years of age,

(1) the dentist's facility must have an operating area of size and design to pennit access of emergency equipment and personnel and to permit effective emergency management;

(2) the dentist shall use an end-tidal carbon dioxide monitor or a pre-cordial stethoscope to monitor respiration;

(3) the treatment team shall consist of the treating dentist and a second person to assist, monitor, and observe the patient; both the treating dentist and the second person shall be in the operating area with the patient throughout the dental procedure; and

(4) the dentist shall continually monitor the patient's heart rate, blood pressure, and respiration using electrocardiographic monitoring, pulse oximetry, a blood pressure monitoring device, and a respiration monitoring device, unless the patient's behavior prevents it and is documented in the patient's record.

History

Authority: AS 08.36.070
Eff. 4/14/2018, Register 226; am 12/9/2018, Register 228

12 AAC 28.065 Board of Dental Examiners

12 AAC 28.065. Exceptions to permit requirements under 12 AAC 28.010 - 12 AAC 28.080. The requirement to obtain a permit under 12 AAC 28.010 or 12 AAC 28.015 does not apply to (1) the administration of local anesthesia; (2) the administration of nitrous oxide sedation to patients of any age if the delivery system for the nitrous oxide-oxygen contains a mechanism that guarantees that an oxygen concentration of at least 25 percent will be administered to the patient at all times during the administration of the nitrous oxide; (3) the administration of an oral medication to achieve minimal sedation if (A) the patient is 13 years of age or older; (B) the dose of the administered drug is within the United States Food and Drug Administration's (FDA) recommended dose as printed in that agency's approved labeling for unmonitored home use; the dentist may not use a second drug without obtaining a permit under 12 AAC 28.010 or 12 AAC 28.015, as applicable; (C) the dose of the administered drug is used in combination with nitrous oxide or oxygen and does not exceed minimal sedation; and (D) the patient is re-appointed if the intended level of minimal sedation is not achieved; or (4) the administration of deep sedation, general anesthesia, moderate sedation, or minimal sedation in a licensed hospital, a state-operated hospital, or a facility directly maintained or operated by the federal government.

History

Authority: AS 08.36.070; AS 08.36.315; AS 08.36.360
Eff. 4/14/2018, Register 226

12 AAC 28.068 Board of Dental Examiners

12 AAC 28.068. Inspections. (a) A licensed dentist who holds a permit for deep sedation or general anesthesia under 12 AAC 28.010, or holds a permit for moderate sedation or minimal sedation for patients younger than 13 years of age under 12 AAC 28.015, must obtain at least once every four years an on-site inspection where sedation or anesthesia is provided. The inspection must be conducted by an organization approved by the board under (b) of this section. If the permit holder provides anesthesia or sedation in more than one office, the permit holder must choose one office for the inspection and provide an attestation that all the same inspection standards have been met in each office where anesthesia or sedation is provided. (b) Organizations approved by the board to perform an on-site inspection of a dental office where anesthesia or sedation is provided include (1) the Accreditation Association for Dental Offices (AAFDO); (2) the American Association of Oral and Maxillofacial Surgeons (AAOMS); (3) the American Association for Accreditation of Ambulatory Surgery Facilities (AAAASF); (4) the Accreditation Association for Ambulatory Health Care (AAAHC); or (5) other substantially equivalent organizations approved by the board that conduct inspections in accordance with applicable guidelines provided in the Office Anesthesia Evaluation Manual, Ninth Edition, 2019, adopted by reference. (c) For anesthesia or sedation permits issued before August 8, 2020, an on-site inspection required under this section must be completed before the end of the first full licensing period after August 8, 2020. (d) For initial anesthesia or sedation permits issued on or after August 8, 2020, an on-site inspection must be completed not later than two years after issuance. (e) Unless otherwise provided under (c) or (d) of this section, a licensed dentist who seeks to renew a permit to administer deep sedation or general anesthesia under 12 AAC 28.010, or moderate sedation or minimal sedation for patients younger than 13 years of age under 12 AAC 28.015, must submit documentation of an on-site inspection by an organization approved by the board under (b) of this section within the four years preceding the end of the licensing period. (f) If the inspection report submitted to the board finds that the equipment, facilities, or personnel training are inadequate to assure safe use of anesthesia or sedation, the board will allow for a follow-up inspection not later than 90 days after the date of the submitted report. If after review of the follow-up inspection the board finds that the equipment, facilities, or trained personnel are still inadequate to assure safe use of sedation or anesthesia, the board may deny issuance or renewal of a permit under 12 AAC 28.010 or 12 AAC 28.015, or order the dentist to immediately cease sedation or anesthesia services if provided under 12 AAC 28.030 by a certified registered nurse anesthetist or a physician.

History

Authority: AS 08.01.075; AS 08.01.087; AS 08.36.070
Eff. 4/14/2018, Register 226; am 8/8/2020, Register 235

12 AAC 28.070 Board of Dental Examiners

12 AAC 28.070. Suspension or revocation of permit. The board will automatically suspend or revoke a permit under 12 AAC 28.010 or 12 AAC 28.015 upon the suspension or revocation of the holder's license to practice dentistry in the state.

History

Authority: AS 08.36.070; AS 08.36.315; AS 08.36.320
Eff. 4/10/70, Register 34; am 4/14/2018, Register 226

12 AAC 28.080 Board of Dental Examiners

12 AAC 28.080. Mandatory reporting. (a) If a dental patient dies or experiences sedation or anesthesia complications that require hospitalization or emergency room care during or immediately after receiving sedation or general anesthesia, the dentist who treated the patient shall submit a written or electronic report of the incident to the board not later than 48 hours after learning of the death or hospitalization. The report must include (1) the name, age, and address of the patient; (2) the names of the dentist and of other personnel or providers present during the treatment; (3) the address of the facility where the treatment took place; (4) the medical history of the patient; (5) a description of the type of sedation or anesthetic that was used and the dosages of drugs administered to the patient; (6) a narrative description of the incident including approximate times and evolution of symptoms; and (7) as requested by the board, a designee of the board, or the board's investigator, additional information that is relevant to investigating the incident. (b) Not later than 30 days after the receipt of a report required under (a) of this section, the board investigator may review the report, consult with a member of the board who is a dentist licensed under AS 08.36, and make a recommendation in writing as to whether further investigation by the board or the board's investigator should be made. The department will make a report of any recommendations under this subsection at the next board meeting. If a recommendation by the department is that further investigation is not warranted, the department will make only a summary report. The board may accept the recommendation or request the department to make further investigations.

History

Authority: AS 08.01.087; AS 08.36.070; AS 08.36.315
Eff. 4/10/70, Register 34; am 11/10/2001, Register 160; am 4/14/2018, Register 226

12 AAC 28.090 Board of Dental Examiners

12 AAC 28.090. Definition. Repealed 4/13/91.

Article 2 Examinations for Dental Licensure

12 AAC 28.100 Board of Dental Examiners

12 AAC 28.100. Examiners appointed. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; am 9/25/85, Register 95; repealed 5/29/98, Register 146

12 AAC 28.105 Board of Dental Examiners

12 AAC 28.105. Examinations. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; am 7/17/87, Register 103; am 2/18/93, Register 125; am 5/29/98, Register 146; am 11/7/98, Register 148; am 1/28/2000, Register 153; am 1/15/2003, Register 165; am 4/27/2007, Register 182; repealed 10/19/2008, Register 188

12 AAC 28.110 Board of Dental Examiners

12 AAC 28.110. Identification of applicant. Repealed.

History

Eff. 4/8/79, Register 70; repealed 5/29/98, Register 146

12 AAC 28.120 Board of Dental Examiners

12 AAC 28.120. Operatory assigned to applicant. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; repealed 5/29/98, Register 146

12 AAC 28.130 Board of Dental Examiners

12 AAC 28.130. Equipment. Repealed.

History

Eff. 4/8/79, Register 70; repealed 5/29/98, Register 146

12 AAC 28.140 Board of Dental Examiners

12 AAC 28.140. Patients. Repealed.

History

Eff. 4/8/79, Register 70; repealed 5/29/98, Register 146

12 AAC 28.150 Board of Dental Examiners

12 AAC 28.150. Assistants. Repealed.

History

Eff. 4/8/79, Register 70; repealed 5/29/98, Register 146

12 AAC 28.160 Board of Dental Examiners

12 AAC 28.160. Sections of examination. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; am 7/10/86, Register 99; repealed 5/29/98, Register 146

12 AAC 28.170 Board of Dental Examiners

12 AAC 28.170. Time allowed for clinical examination. Repealed.

History

Eff. 4/8/79, Register 70; am 8/1/82, Register 83; am 7/14/85, Register 95; am 7/10/86, Register 99; repealed 5/29/98, Register 146

12 AAC 28.180 Board of Dental Examiners

12 AAC 28.180. Criteria for teeth to be restored. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; repealed 5/29/98, Register 146

12 AAC 28.190 Board of Dental Examiners

12 AAC 28.190. Local anesthesia; rubber dam. Repealed.

History

Eff. 4/8/79, Register 70; am 7/10/86, Register 99; repealed 5/29/98, Register 146

12 AAC 28.200 Board of Dental Examiners

12 AAC 28.200. Items to be turned in to the board. Repealed.

History

Eff. 4/8/79, Register 70; am 2/6/83, Register 85; am 7/14/85, Register 95; am 7/10/86, Register 99; repealed 5/29/98, Register 146

12 AAC 28.210 Board of Dental Examiners

12 AAC 28.210. All work performed in clinic by applicant. Repealed.

History

Eff. 4/8/79, Register 70; repealed 5/29/98, Register 146

12 AAC 28.220 Board of Dental Examiners

12 AAC 28.220. Laboratory procedures. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; repealed 5/29/98, Register 146

12 AAC 28.230 Board of Dental Examiners

12 AAC 28.230. Examiners may contact patient, take photographs and models. Repealed.

History

Eff. 4/8/79, Register 70; repealed 5/29/98, Register 146

12 AAC 28.240 Board of Dental Examiners

12 AAC 28.240. Steps of operations checked by examiners. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; am 7/10/86, Register 99; repealed 5/29/98, Register 146

12 AAC 28.250 Board of Dental Examiners

12 AAC 28.250. Errors or omissions requiring failing grade. Repealed.

History

Eff. 4/8/79, Register 70; am 7/14/85, Register 95; repealed 5/29/98, Register 146

12 AAC 28.260 Board of Dental Examiners

12 AAC 28.260. Grading of a board conducted clinical examination. Repealed.

History

Eff. 4/8/79, Register 70; am 8/1/82, Register 83; am 7/31/86, Register 99; am 7/17/87, Register 103; repealed 5/29/98, Register 146

12 AAC 28.270 Board of Dental Examiners

12 AAC 28.270. Computation of grade. Repealed.

History

Eff. 4/8/79, Register 70; repealed 5/29/98, Register 146

12 AAC 28.280 Board of Dental Examiners

12 AAC 28.280. Notification of grades. Repealed.

History

Eff. 4/8/79, Register 70; am 7/31/86, Register 99; repealed 5/29/98, Register 146

12 AAC 28.290 Board of Dental Examiners

12 AAC 28.290. Reexamination. Repealed.

History

Eff. 4/8/79, Register 70; am 3/31/82, Register 81; repealed 5/29/98, Register 146

12 AAC 28.300 Board of Dental Examiners

12 AAC 28.300. Denial of licensure. Deleted.

History

Eff. 4/8/79, Register 70; deleted as of Register 153, April 2000

Article 3 Administration of Local Anesthetic Agents and Nitrous Oxide Sedation by Dental Hygienists

12 AAC 28.310 Board of Dental Examiners

12 AAC 28.310. Administration of local anesthetic agents. Deleted 5/6/88.

12 AAC 28.320 Board of Dental Examiners

12 AAC 28.320. Application for certification to administer local anesthetic agents. (a) The board will issue, to a dental hygienist licensed in this state, a certification to administer local anesthetic agents if the licensed hygienist submits (1) a completed, notarized application on the form provided by the department; (2) the fee required in 12 AAC 02.190; (3) written verification of successful completion of an accredited college or university course of instruction in the administration of local anesthetics, approved by the board under 12 AAC 28.330 - 12 AAC 28.340; and (4) evidence of having passed the local anesthetic written and patient or mannequin based clinical components of the Western Regional Examining Board (WREB) dental hygienist examination or an equivalent examination, within the five years immediately preceding the date of application. (b) Instead of meeting the requirements of (a)(4) of this section, an applicant who is currently licensed or certified in another licensing jurisdiction to administer local anesthetic agents may submit evidence showing that the (1) applicant's license or certification in that licensing jurisdiction is current and in good standing; (2) applicant has actively, as part of routine dental hygiene procedure, administered local anesthetic agents at least an average of once per week during the two years immediately preceding the date of application.

History

Authority: AS 08.32.110; AS 08.36.070
Eff. 5/31/81, Register 78; am 5/6/88, Register 106; am 1/22/2004, Register 169; am 12/20/2020, Register 236; am 8/31/2022, Register 243

12 AAC 28.325 Board of Dental Examiners

12 AAC 28.325. Application for certification to administer nitrous oxide sedation. The board will issue a certification to administer nitrous oxide sedation under direct or indirect supervision to a dental hygienist licensed in this state if the hygienist (1) submits a completed, notarized application on the fonn provided by the department; (2) pays the applicable fee required in 12 AAC 02.190; and (3) provides written verification of successful completion of an accredited college or university course of instruction in the administration of nitrous oxide, approved by the board under 12 AAC 28.345.

History

Authority: AS 08.01.065; AS 08.32.110; AS 08.36.170
Eff. 4/4/2018, Register 226

12 AAC 28.330 Board of Dental Examiners

12 AAC 28.330. Approval of course of instruction. The board may, upon its own motion or upon the request of any interested person, approve a course of instruction upon receipt of (1) the name of the college or university sponsoring the course; (2) the name of the accredited program and faculty member presenting the course; (3) a course outline that verifies inclusion of the subjects and procedures required under (A) 12 AAC 28.340 if certification to administer local anesthesia is sought; or (B) 12 AAC 28.345, if certification to administer nitrous oxide sedation is sought; and (4) an explanation of the evaluation procedures used to determine successful completion of the course.

History

Authority: AS 08.32.110; AS 08.36.070
Eff. 5/31/81, Register 78; am 8/1/82, Register 83; am 12/15/2013, Register 208; am 4/14/2018, Register 226

12 AAC 28.340 Board of Dental Examiners

12 AAC 28.340. Requirements for course of instruction in local anesthetics. A course of instruction in local anesthetics must include (1) at least 16 clock hours of didactic instruction; (2) at least eight clock hours of laboratory instruction during which time three injections each of the anterior palatine, incisive palatine, anterior and middle superior alveolar, posterior superior alveolar, inferior alveolar, mental, long buccal, and infiltration injections are administered; (3) clinical experience sufficient to establish the hygienist's ability to adequately anesthetize the entire dentition and supporting structures in a clinical setting, requiring not less than six clock hours, under the direct supervision of course faculty; (4) instruction in (A) medical history evaluation procedures; (B) anatomy of the head, neck and oral cavity as it relates to administering local anesthetic agents; (C) pharmacology of local anesthetic agents, vasoconstrictors and preservatives, including physiologic actions, types of anesthetics, and maximum dose per weight; (D) systemic conditions which influence selection and administration of anesthetic agents; (E) signs and symptoms of reactions to local anesthetic agents, including monitoring of vital signs; (F) management of reactions to, or complications associated with, the administration of local anesthetic agents to include (i) a currently valid cardiopulmonary resuscitation certification card from either the American Heart Association or the American Red Cross; or (ii) a provision for instruction and certification in cardiopulmonary resuscitation from an instructor certified in cardiopulmonary resuscitation by the American Heart Association or the American Red Cross as a part of the course curriculum; (G) selection and preparation of the armamentaria for administering various local anesthetic agents; (H) methods of administering local anesthetic agents with emphasis on (i) technique; (ii) aspiration; (iii) slow injection; (iv) minimum effective dosage. (5) instruction by a faculty member of the college or university presenting the course; and (6) procedures for determining whether the hygienist has acquired the necessary knowledge and proficiency to administer local anesthetic agents.

History

Authority: AS 08.32.110
Eff. 5/31/81, Register 78; am 3/30/2001, Register 157; am 3/11/2016, Register 217

12 AAC 28.345 Board of Dental Examiners

12 AAC 28.345. Requirements for course of instruction for administering nitrous oxide. (a) To satisfy the requirements for a certification under 12 AAC 28.325, a course of instruction for administering nitrous oxide must be provided by an organization accredited by the Commission on Dental Accreditation (CODA) of the American Dental Association or approved by the board. (b) To satisfy the requirements for certification under 12 AAC 28.325, a course of instruction for administering nitrous oxide must include (1) a minimum of three hours of clinical instruction sufficient to establish the ability to (A) inspect, operate, and decontaminate nitrous oxide delivery and scavenging systems; (B) properly induce nitrous oxide sedation; and (C) recognize and counteract complications; (2) a minimum of three hours of didactic instruction, including (A) sedation techniques; (B) physiology of respiration and pharmacology of nitrous oxide; (C) nitrous oxide machines; (D) induction techniques; and (E) complications and their management; and (3) procedures for determining whether the dental hygienist has acquired the necessary knowledge and proficiency to administer nitrous oxide sedation.

History

Authority: AS 08.32.110; AS 08.36.070
Eff. 4/14/2018, Register 226

12 AAC 28.350 Board of Dental Examiners

12 AAC 28.350. Expiration of certification. (a) A certification to administer local anesthetic agents or nitrous oxide sedation expires on the date the dental hygienist's license expires or is revoked or suspended. (b) A certification to administer local anesthesia or nitrous oxide sedation remains active as long as the holder's dental hygiene license is active and in good standing. (c) The board will notify a dental hygienist of initial certification to provide local anesthesia or nitrous oxide sedation and thereafter certification will be listed on the dental hygiene license.

History

Authority: AS 08.32.110; AS 08.36.070; AS 08.36.315
Eff. 5/31/81, Register 78; am 4/14/2018, Register 226

12 AAC 28.360 Board of Dental Examiners

12 AAC 28.360. Registry. The board will maintain a registry of all dental hygienists certified to administer local anesthetic agents or nitrous oxide sedation.

History

Authority: AS 08.32.110; AS 08.36.070
Eff. 5/31/81, Register 78; am 4/14/2018, Register 226; am 5/1/2019, Register 230

Authority: AS 08.32.071; AS 08.36.070; AS 08.36.315 AS 08.32.160; AS 08.36.250
Eff. 4/10/88, Register 106; am 2/18/93, Register 125; am 5/29/98, Register 146; am 1/28/2000, Register 153; am 11/10/2001, Register 160; am 12/5/2009, Register 192

Article 5 Dental Hygienist Examination

12 AAC 28.500 Board of Dental Examiners

12 AAC 28.500. Dental hygienist examination. Repealed.

History

Eff. 5/6/88, Register 106; am 2/18/93, Register 125; am 11/7/98, Register 148; am 4/18/2002, Register 162; am 12/19/2003, Register 168; am 4/27/2007, Register 182; repealed 10/19/2008, Register 188

Eff. 4/13/91, Register 118; am 11/10/2001, Register 160; readopt 12/15/2013, Register 208; repealed 4/14/2018, Register 226

Authority: AS 08.36.070; AS 08.36.360; AS 08.36.367
Eff. 3/30/2001, Register 157; readopt 12/15/2013, Register 208

Authority: AS 08.32.071; AS 08.32.187 AS 08.32.085; AS 08.36.070
Eff. 3/18/2011, Register 197; am 3/5/2020, Register 233

Authority: AS 08.36.070; AS 08.36.344
Eff. 3/18/2011, Register 197; am 12/4/2014, Register 212; am 9/10/2017, Register 223; am 3/5/2020, Register 233

Authority: AS 08.36.070; AS 08.36.110
Eff. 1/28/2000, Register 153; am 8/15/2001, Register 159; am 1/15/2003, Register 165; am 1/22/2004, Register 169; am 4/27/2007, Register 182; am 10/19/2008, Register 188; am 12/2/2012, Register 204; am 12/15/2013, Register 208; am 9/26/2018, Register 227; am 5/1/2019, Register 230; am 3/5/2020, Register 233; am 10/4/2020, Register 236; am 2/19/2021, Register 237; am 5/14/2022, Register 242; am 3/5/2023, Register 245

12 AAC 28.950 Board of Dental Examiners

12 AAC 28.950. Cessation of licensing by credentials. Repealed 2/18/93.

12 AAC 28.951 Board of Dental Examiners

12 AAC 28.951. Dental licensure by credentials. (a) The board will issue a license by credentials to practice dentistry to an applicant who meets the requirements of AS 08.36.110, 08.36.234, and this section. (b) An applicant for a license under this section shall submit to the department (1) a complete, notarized application on a form provided by the department; (2) the applicable fees established in 12 AAC 02.190; (3) an authorization from the applicant for release of the applicant's records to the department; (4) an affidavit from the applicant that lists the license number and name of the jurisdiction for all dental licenses that the applicant holds or has ever held in any jurisdiction; (5) verification of the status of the applicant's registration with the Drug Enforcement Administration (DEA), sent directly to the department from DEA, even if the applicant is not currently registered with the DEA; (6) repealed 3/5/2023; (7) if the applicant holds a valid federal Drug Enforcement Administration registration number, verification that the applicant has completed not less than two hours of education in pain management and opioid use and addiction within the two years before the date of application; (8) a copy of a current certification in cardiopulmonary resuscitation (CPR) techniques that meets the requirements of 12 AAC 28.920; (9) a copy of the applicant's certificate from the American Dental Association Joint Commission on National Dental Examinations verifying successful passage of the National Board Dental Examination Part I and Part II, or the Integrated National Board Dental Examination; (10) an affidavit from the applicant stating the applicant is not impaired to an extent that affects the applicant's ability to practice dentistry; (11) as required under 12 AAC 28.908(b), a statement from the applicant certifying the applicant will adhere to the ethical standards specified in 12 AAC 28.905(b); and (12) repealed 3/5/2023; (c) In addition to the requirements of (a) and (b) of this section, an applicant for a license under this section shall arrange for and ensure submission of (1) if the applicant is or has ever been employed as a dentist with a federal agency, verification of the current status and disciplinary history from each federal agency where the applicant is or has been employed, sent directly to the department from the agency; (2) repealed 3/5/2023; (3) verification of the applicant's status and complete information regarding any disciplinary action or investigation taken or pending from all licensing jurisdictions where the applicant holds or has ever held a dental license, sent directly to the department from the licensing jurisdiction; (4) repealed 3/5/2023; (5) repealed 3/5/2023; (6) an official transcript sent directly to the department from a dental school verifying a dental degree from a school that meets the requirements of 12 AAC 28.938. (d) In addition to the requirements of this section, an applicant for a dental license must document completion of the jurisprudence examination prepared by the board, covering the provisions of AS 08.32, AS 08.36, and this chapter relating to the practice of dentistry, with a passing score of at least 70 percent. (e) Repealed 5/14/2022. (f) Repealed 5/14/2022. (g) The personal interview of the applicant required in AS 08.36.234(d) must be completed. (h) Repealed 5/14/2022.

History

Authority: AS 08.36.070; AS 08.36.110; AS 08.36.234
Eff. 2/18/93, Register 125; am 2/4/94, Register 129; am 2/22/98, Register 145; am 1/28/2000, Register 153; am 8/15/2001, Register 159; am 1/22/2004, Register 169; am 5/5/2006, Register 178; am 10/19/2008, Register 188; am 12/15/2013, Register 208; am 3/11/2016, Register 217; am 9/26/2018, Register 227; am 5/1/2019, Register 230; am 3/5/2020, Register 233; am 2/19/2021, Register 237; am 5/14/2022, Register 242; am 3/5/2023, Register 245

12 AAC 28.952 Board of Dental Examiners

12 AAC 28.952. Dental specialty license. Repealed.

History

Eff. 12/24/2006, Register 180; am 3/29/2008, Register 185; am 9/12/2008, Register 187; repealed 12/15/2013, Register 208

12 AAC 28.953 Board of Dental Examiners

12 AAC 28.953. Registration with the prescription drug monitoring program controlled substance prescription database. A licensed dentist under this chapter who holds a federal Drug Enforcement Administration registration number must (1) register with the prescription drug monitoring program (PDMP) controlled substance prescription database not later than 30 days after initial licensure or registration with the Drug Enforcement Administration (DEA), whichever is later; and (2) comply with the requirements of AS 17.30.200 and 12 AAC 52.865.

History

Authority: AS 08.36.070; AS 08.36.234 AS 08.36.110; AS 17.30.200
Eff. 9/26/2018, Register 227; am 10/4/2020, Register 236

12 AAC 28.954 Board of Dental Examiners

12 AAC 28.954. Temporary permit. (a) The board may issue a temporary permit to practice dentistry to a dentist who meets the requirements of this section for the purpose of substituting for a dentist the board has determined to be "incapacitated" as defined under AS 08.36.254. (b) An applicant for a temporary permit under this section must submit to the department (1) a complete, notarized application on a form provided by the department; (2) the applicable fees in 12 AAC 02.190; (3) a form completed by the incapacitated dentist or authorized representative of the incapacitated dentist providing information regarding the reason for the incapacitation and documentation of reasonable effort to find a substitute dentist licensed under this chapter; (4) a form completed by the incapacitated dentist's healthcare provider verifying the dentist is incapacitated and unable to practice; (5) verification of the applicant's current license to practice dentistry from a board of dental examiners of a state or territory of the United States; the verification must include the applicant's status and complete information regarding any disciplinary action or investigation taken or pending on behalf of the applicant; (6) verification of the applicant's graduation from a dental school that at the time of graduation was accredited by the Commission on Dental Accreditation of the American Dental Association by submitting (A) a certified true copy of the applicant's dental school diploma showing credentials similar or equivalent to the incapacitated dentist credentials; or (B) transcripts sent directly from the issuing educational institution showing credentials similar or equivalent to the incapacitated dentist credentials; (c) The department shall request a report from the National Practitioner Data Bank on behalf of the applicant. The board will review the report as part of the application process and may deny a temporary permit application based on report content. (d) An applicant for a temporary permit may not have had a license to practice dentistry revoked, suspended, or voluntarily surrendered in this state or another state or territory of the United States. (e) The temporary permit issued will be authorized only for the practice locations of the incapacitated dentist. The name, license number, and practice locations of the incapacitated dentist will be printed on the license. (f) The temporary permit will be extended past the initial 90 days if the applicant meets the requirements of AS 08.36.254(f) or (g) and pays the fee required in 12 AAC 02.190.

History

Authority: AS 08.36.070; AS 08.36.254
Eff. 2/21/2019, Register 229

12 AAC 28.955 Board of Dental Examiners

12 AAC 28.955. Courtesy license. (a) The board will issue a courtesy license to practice dentistry or dental hygiene to a nonresident for only a limited purpose that is approved by the board under (b) of this section to an applicant who meets the requirements of this section. The board will specify the limitations on scope of the approved practice and duration of the courtesy license. A courtesy license does not authorize the licensee to practice dentistry or dental hygiene outside the limited purpose that is specified on the courtesy license. (b) The board will consider a limited purpose for a courtesy license to be the practice of dentistry or dental hygiene to underserved persons by a dentist or dental hygienist who has entered a written contract with a non-profit organization, charitable organization, or governmental agency. (c) An applicant for a courtesy license under this section shall submit to the department a completed, notarized application on a form provided by the department. An application must include (1) the applicable application and license fees established in 12 AAC 02.190; (2) a description of the scope of practice of dentistry or dental hygiene required to perform the duties for which the courtesy license is to be issued; the description must include the practice location, duration of practice, and patient population to be seen; the applicant must demonstrate to the board's satisfaction that the scope of practice of dentistry or dental hygiene is for a limited purpose set out in this section; (3) a verification of a current license to practice dentistry or dental hygiene in good standing in another state or other jurisdiction with requirements at least equivalent to those of this state at the time of application under this section and that the licensee is not under investigation in the state or other jurisdiction in which the applicant is licensed; and (4) a description in sufficient detail for the board to evaluate the circumstances under which the applicant will be practicing under any courtesy license issued, including the name and license number of the supervising dentist licensed to practice in this state if the applicant is working in a supervised clinic. (d) A courtesy license issued under this section is nonrenewable and is valid for a period not to exceed either a total of 40 days of practice during a 12-consecutive-month period or the duration of the limited purpose approved under this section for the courtesy license holder, whichever is less. A person will not be issued more than one courtesy license under this section in a 12-month period. (e) A courtesy license holder may not use a courtesy license (1) for the purposes of locum tenens coverage; (2) to serve in place of a license under AS 08.32 or AS 08.36; (3) for the purposes of employment consideration, if licensure is required under AS 08.32 or AS 08.36; or (4) for receipt of remuneration directly or indirectly for practicing dentistry or dental hygiene requiring licensure under this chapter. (f) A holder of a courtesy license for dental hygiene may practice only under this section and under the general supervision of a dentist licensed in Alaska. (g) While practicing under a courtesy license issued under this section, the holder of the courtesy license is obligated to uphold the standards of practice identified in AS 08.32, AS 08.36, and in this title for the relevant provisions, and is subject to the relevant disciplinary provisions in AS 08.32, AS 08.36 and this title for actions taken or omitted while practicing under the courtesy license. (h) The board may refuse to issue a courtesy license for the same reasons that it may impose disciplinary sanctions against a licensee under AS 08.32.160, 08.32.165; and AS 08.36.315. (i) In this section, (1) "remuneration" does not include reimbursement for actual reasonable expenses incurred for travel, food, and lodging; (2) "underserved persons" means individuals and groups of individuals whose access to dental health care in this state is limited or nonexistent due to geographic or economic factors, including low income and rural residence.

History

Authority: AS 08.01.062; AS 08.32.165; AS 08.36.234 AS 08.32.160; AS 08.36.110; AS 08.36.315
Eff. 12/24/2006, Register 180; am 12/15/2013, Register 208; am 5/1/2019, Register 230

12 AAC 28.956 Board of Dental Examiners

12 AAC 28.956. Collaborative agreement requirements. (a) The board may approve a collaborative agreement between a dental hygienist licensed under AS 08.32 and a dentist licensed under AS 08.36 and who is affiliated with an active dental practice in this state, if the collaborative agreement meets the requirements of AS 08.32.115 and that the dental hygiene and the dental licenses are in good standing. The applicant must submit (1) a completed, notarized application on the form provided by the department, which includes the names and license numbers of the collaborating dentist and dental hygienist, and the name and location of the dentist's affiliated practice; (2) the applicable fees required in 12 AAC 02.190; (3) an affidavit stating that the applicant has a minimum of 4,000 hours of clinical experience within the five years preceding the date of application; (4) a copy of current certification in cardiopulmonary resuscitation (CPR) techniques for the applicant that meets the requirements of 12 AAC 28.920; (5) a copy of the applicant's and the collaborating dentist's current professional liability policy or declaration page that includes the policy number and expiration date; (6) an evidence of continuing educational courses meeting the requirements of the collaborative agreement; (7) a written agreement including (A) identification of each affiliated practice setting in which the dental hygienist may engage in dental hygiene practice under the collaborative agreement relationship; (B) identification of the procedures that can be performed in accordance with AS 08.32.115 and standing orders that the dental hygienist must follow; (C) a requirement that the dental hygienist refer patients who have been assessed by the dental hygienist to the affiliated dentist for treatment or planning that is outside of the dental hygienist's scope of practice; (D) starting and ending dates of the collaboration; (E) patient record location; (F) patient billing location. (b) The dental hygienist and the affiliated dentist must notify the board of any amendments to the agreement. (c) The board may not approve a collaborative agreement to a dental hygienist if (1) the affiliated dentist has five current collaborative agreements under this section; (2) the applicant or affiliated dentist is under unresolved investigation under AS 08.32 - 08.36 or this chapter or a similar provision of another jurisdiction; (3) during the five years immediately preceding the date of application, the applicant or affiliated dentist is the subject of adverse disciplinary action under AS 08.32 - 08.36 or this chapter, or a similar provision of another jurisdiction. (d) In addition to the continuing education requirements in 12 AAC 28.400 - 12 AAC 28.420, a dental hygienist who wishes to practice under a collaborative agreement must complete an additional four contact hours of continuing education per biennial license renewal period in one or more of the following subject areas: (1) medical emergencies; (2) pediatric and other special health care needs; (3) pharmacology; (4) oral pathology; (5) public health or other eleemosynary facility, relating to, or supporting charity; (6) patient management; (7) general medicine and physical diagnosis; (8) jurisprudence relating to unsupervised practice. (e) An affiliated dentist in a collaborative agreement must (1) be available to provide contact, communication, and consultation with the affiliated dental hygienist; (2) adopt standing orders applicable to dental hygiene procedures that may be performed by the dental hygienist. (f) A dental hygienist authorized in a collaborative agreement (1) may perform any dental operations or other services the dental hygienist is authorized to perform under AS 08.32.110 and this chapter, and those dental operations and other services authorized under the collaborative agreement, if approved by the board; (2) must maintain contact, communication, and consultation with the affiliated dentist; and (3) before performing any dental hygiene services, shall assess the patient, gather data, interpret the data, determine the patient's dental hygiene treatment needs, and formulate a patient care plan. (g) A dental hygienist authorized in a collaborative agreement shall (1) maintain dental charts and other records for the patients who are treated by the dental hygienist; the collaborative agreement must specify where these records are to be secured; (2) document in the patient's official chart the name of the affiliated dentist; (3) document all referrals. (h) A collaborative agreement (1) expires immediately on the date agreed upon by the collaborating dental hygienist and dentist and approved by the board; (2) may not have a term exceeding two years. (i) If a dental hygienist and affiliated dentist in a collaborative agreement end their affiliation before the expiration date of the collaborative agreement, each shall notify the board within 30 days of the end of the affiliation. (j) Before or upon the expiration of the collaborative agreement, the board may renew a collaborative agreement if the applicant submits a new completed application under this section. (k) The board shall maintain a registry of all current collaborative agreements.

History

Authority: AS 08.32.115; AS 08.32.187; AS 08.36.070
Eff. 12/5/2009, Register 192; am 6/24/2012, Register 202; am 3/11/2016, Register 217

12 AAC 28.957 Board of Dental Examiners

12 AAC 28.957. Maximum dosage of an opioid for acute pain. A dentist prescribing or dispensing an opioid for acute dental pain under AS 08.36.355 may not exceed 60 morphine milligram equivalents (MME) a day.

History

Authority: AS 08.36.070; AS 08.36.355
Eff. 10/4/2020, Register 236

12 AAC 28.958 Board of Dental Examiners

12 AAC 28.958. Temporary military courtesy license. (a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice dentistry or dental hygiene who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application. (b) An applicant for a temporary military courtesy license under this section (1) must submit a completed notarized application on a form provided by the department; (2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105; (3) must submit a copy of (A) the applicant's current active duty military orders showing assignment to a duty station in this state; or (B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state; (4) must submit verification of the applicant's current license to practice dentistry or dental hygiene from a board of dental examiners of a state or territory of the United States; the verification must include the applicant's status and complete information regarding any disciplinary action or investigation taken or pending relating to the applicant; (5) must submit verification of the applicant's graduation from a dental program that at the time of graduation was accredited by the Commission on Dental Accreditation of the American Dental Association by submitting (A) a certified true copy of the applicant's dental school diploma; or (B) transcripts sent directly from the issuing educational institution; and (6) may not have been convicted of a crime that affects the applicant's ability to practice dentistry or dental hygiene competently and safely, as determined by the board. (c) A temporary military courtesy license issued to an active duty military member or spouse of an active duty military member under this section will be issued for a period of 180 days and may be renewed for one additional 180-day period, at the discretion of the board. (d) The department will request a report from the National Practitioner Data Bank on behalf of the applicant. The board will review the report as part of the application process and may deny a temporary military courtesy application based on the report. (e) An applicant for a temporary military courtesy license may not have had a license to practice dentistry or dental hygiene revoked, suspended, or voluntarily surrendered in this state or another state or territory of the United States. (f) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.32.160, AS 08.32.165, and AS 08.36.315.

History

Authority: AS 08.01.062; AS 08.32.160; AS 08.36.315 AS 08.01.063; AS 08.32.165 AS 08.32.014; AS 08.36.110
Eff. 5/14/2022, Register 242

12 AAC 28.959 Board of Dental Examiners

12 AAC 28.959. Dental specialist license. (a) The board may issue a dental specialist license in a branch of dentistry recognized by the board to a dentist applicant who (1) holds a license issued by the board in accordance with AS 08.36.110 or 08.36.234; (2) submits proof of successful completion of a post-doctoral dental specialty residency program that, at the time of completion, is accredited by the Commission on Dental Accreditation of the American Dental Association; (3) has successfully completed a post-doctoral residency in a branch of dentistry that is recognized by the board and the National Commission on Recognition of Dental Specialties and Certifying Boards; and (4) submits a notarized, completed application on a form provided by the department; the completed application must include the (A) applicant's name and license number; (B) name and location of the applicant's dental practice, office, or clinic; and (C) applicable fees required in 12 AAC 02.190. (b) A dentist may only advertise as a specialist in a branch of dentistry that is recognized by the board, including (1) endodontics; (2) oral and maxillofacial surgery; (3) oral and maxillofacial radiology; (4) oral and maxillofacial pathology; (5) orthodontics and dentofacial orthopedics; (6) pediatric dentistry; (7) periodontics; (8) prosthodontics; (9) dental public health; (10) dental anesthesiology; (11) oral medicine; or (12) orofacial pain. (c) Notwithstanding (b) of this section, a general dentist who does not obtain a dental specialist license may advertise fellowships, other credentials earned, or aspects of focus in the area of general dentistry so long as any communications that express or imply specialization are avoided, and the advertisement includes a disclaimer that the dentist is a general dentist. (d) A dentist who obtains a dental specialist license under (a) of this section is limited to practice in the branch of dentistry in which the dentist holds a dental specialist license. (e) In this section, "dental specialty" means an area of dentistry that has been formally recognized by the National Commission on Recognition of Dental Specialties and Certifying Boards.

History

Authority: AS 08.36.070; AS 08.36.234; AS 08.36.243 AS 08.36.110; AS 08.36.242
Eff. 7/23/2023, Register 247

12 AAC 28.960 Board of Dental Examiners

12 AAC 28.960. Registration of dental radiological equipment. Repealed.

History

Eff. 11/7/99, Register 152; am 4/18/2002, Register 162; am 10/19/2008, Register 188; am 3/11/2016, Register 217; repealed 4/12/2024, Register 250

12 AAC 28.965 Board of Dental Examiners

12 AAC 28.965. Inspection of dental radiological equipment. Repealed.

History

Eff. 11/7/99, Register 152; am 4/18/2002, Register 162; am 5/5/2006, Register 178; am 3/11/2016, Register 217; am 9/26/2018, Register 227; repealed 4/12/2024, Register 250

12 AAC 28.970 Board of Dental Examiners

12 AAC 28.970. Registration and inspection forms; review of completed forms. Repealed.

History

Eff. 4/18/2002, Register 162; am 5/5/2006, Register 178; am 3/11/2016, Register 217; repealed 4/12/2024, Register 250

12 AAC 28.990 Board of Dental Examiners

12 AAC 28.990. Definitions. (a) In this chapter, (1) "administer local anesthetic agents" means to administer an agent that induces local anesthesia and to administer that agent by injection, both infiltration and block, limited to the oral cavity, for the purposes of pain control; (2) "American Association of Dental Examiners Clearinghouse for Board Actions" means the American Association of Dental Examiners information source described in AS 08.36.110(a)(1)(F); (3) "board" means the Board of Dental Examiners; (4) "coronal polishing," within the meaning given in AS 08.36.370, means removal of supragingival plaque and stains from teeth without calculus, including the removal of soft deposits, such as materia alba, plaque, and stains from the anatomical crowns of the teeth; (5) "deep sedation" means a drug-induced depression of consciousness during which (A) patients cannot be easily aroused but respond purposefully following repeated or painful stimulation; (B) the ability to independently maintain ventilatory function may be impaired; (C) patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate; and (D) cardiovascular function is usually maintained; (6) "department" means the Department of Commerce, Community, and Economic Development; (7) "facility" means a dental practice, office, or clinic that is subject to the requirements of AS 08.36.367; (8) "general anesthesia" means a drug-induced loss of consciousness during which (A) patients are not arousable, even by painful stimulation; (B) the ability to independently maintain ventilatory function is often impaired; (C) patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function; and (D) cardiovascular function may be impaired; (9) "local anesthesia" means the elimination of sensation, especially pain, in one part of the body by the topical application or regional injection of a drug; (10) "minimal sedation" means a minimally depressed level of consciousness, produced by a pharmacological method, in which (A) the patient retains the ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command; and (B) although cognitive function and coordination may be modestly impaired, ventilatory and cardiovascular functions are unaffected; (11) "moderate sedation" means a drug-induced depression of consciousness, during which (A) a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation; (B) no interventions are required to maintain a patent airway, and spontaneous ventilation is adequate; and (C) cardiovascular function is usually maintained; (12) "nitrous oxide sedation" means an induced, controlled state of minimal sedation, produced solely by the inhalation of a combination of nitrous oxide and oxygen in which the patient retains the ability to independently and continuously maintain an airway and to respond purposefully to physical stimulation and to verbal command; (13) repealed 4/12/2024; (14) "restorative function" means under the direct supervision of a licensed dentist, to place restorations into a cavity prepared by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion of the restoration. (15) "dental specialty" means an area of dentistry that has been formally recognized by the National Commission on Recognition of Dental Specialties and Certifying Boards. (b) In AS 08.32, AS 08.36, and this chapter, unless the context requires otherwise, "jurisdiction" means a state or territory of the United States.

History

Authority: AS 08.32.085; AS 08.36.342; AS 08.36.346 AS 08.36.070; AS 08.36.344
Eff. 5/31/81, Register 78; am 4/13/91, Register 118; am 11/7/99, Register 152; am 3/30/2001, Register 157; am 1/15/2003, Register 165; am 7/25/2010, Register 195; am 3/18/2011, Register 197; am 12/15/2013, Register 208; am 4/14/2018, Register 226; am 5/14/2022, Register 242; am 4/12/2024, Register 250

Chapter 30 Dispensing Opticians

Article 1 (Repealed)

12 AAC 30.010 Approved continuing competence experiences

Repealed.

History

Eff. 6/23/78, Register 66; am 3/30/84, Register 89; am 4/29/91, Register 118; repealed 2/26/2003, Register 165

12 AAC 30.020 Documenting continuing competence

Repealed.

History

Eff. 6/23/78, Register 66; am 3/30/84, Register 89; am 4/29/91, Register 118; am 11/7/98, Register 148; am 5/25/2000, Register 154; repealed 2/26/2003, Register 165

12 AAC 30.030 Date of continuing competence

Repealed 4/29/91.

12 AAC 30.040 Field in which continuing competence is obtained

Repealed 4/29/91.

12 AAC 30.050 Continuing competence requirement

Repealed.

History

Eff. 6/23/78, Register 66; am 4/22/83, Register 86; am 4/29/91, Register 118; repealed 2/26/2003, Register 165

12 AAC 30.060 Computation of continuing competence hours

Repealed 4/29/91.

Article 2 Examinations and Licensing

12 AAC 30.070 License by examination

(a) An applicant for a license by examination shall submit

(1) a completed application on a form provided by the department;

(2) the application and license fees established in 12 AAC 02.200;

(3) documentation of the training or work experience required by AS 08.71.110 by providing

(A) verification of training as described by AS 08.71.110(a)(2)(A) and 12 AAC 30.120, on a form provided by the department, sent directly from the licensed physician, optometrist, or dispensing optician who supervised the applicant; or

(B) verification of work experience described by AS 08.71.110(a)(2)(B), on a form provided by the department.

(4) verification of passing the applicable examination under AS 08.71.090, sent directly to the department from the American Board of Opticianry or the National Contact Lens Examiners;

(5) verification that the applicant has passed the applicable course described in 12 AAC 30.075, sent directly from the National Academy of Opticianry or Contact Lens Society of America; and

(6) a complete authorization for release of records form.

(b) An applicant for a license by examination under this section may submit official transcripts, sent directly to the department from the issuing school or college of opticianry, documenting the degree requirements of AS 08. 71.110(b) as a substitute for the requirements of (a)(3) and (5) of this section.

(d) An applicant may pay the license fee at the time of application or at a later date. The applicant must pay the license fee, before a license will be issued.

(e) Repealed 1/5/2002.

(f) An applicant for a license by examination under this section may submit official transcripts documenting the degree requirements in AS 08.71.110(b) as a substitute to the requirements of (a)(3) and (5) of this section.

History

Authority: AS 08.71.055; AS 08.71.110
Eff. 5/22/83, Register 86; am 10/1/88, Register 107; am 5/20/93, Register 126; am 5/1/97, Register 142; am 1/5/2002, Register 161; am 2/26/2003, Register 165; am 12/25/2019, Register 232

12 AAC 30.075 Approved course

(a) To meet the requirements of AS 08.71.110(a)(4), an applicant for a dispensing optician license to dispense

(1) spectacles shall submit verification of completion of the Ophthalmic Career Progression Program (OCPP) sponsored by the National Academy of Opticianry (NAO) or another department-approved program that the department determines is equivalent;

(2) contact lens shall submit verification of completion of the Contact Lens Manual: Volume 1, A Comprehensive Study and Reference Guide, sponsored by the Contact Lens Society of America.

(b) Repealed 12/25/2019.

History

Authority: AS 08.71.055; AS 08.71.110
Eff. 2/26/2003, Register 165; am 12/25/2019, Register 232

12 AAC 30.080 Passing score for examination

A score of at least 70 percent is considered a passing score for each examination described in AS 08.71.090.

History

Authority: AS 08.71.055; AS 08.71.090; AS 08.71.100
Eff. 4/22/83, Register 86; am 8/20/87, Register 103; am 4/29/91, Register 118; am 5/20/93, Register 126; am 5/25/2000, Register 154; am 2/26/2003, Register 165

12 AAC 30.090 Examination

Repealed.

History

Eff. 4/22/83, Register 86; am 3/30/84, Register 89; am 5/1/97, Register 142; am 1/5/2002, Register 161; repealed 2/26/2003, Register 165

12 AAC 30.100 License by credentials

An applicant for a license by credentials shall submit

(1) a completed application on a form provided by the department;

(2) the applicable application and license fees established in 12 AAC 02.200;

(3) verification of a current license to practice as a dispensing optician issued by another licensing jurisdiction that meets the requirements of AS 08.71.145; acceptable verification may include documentation that demonstrates the applicant passed the applicable examination under AS 08.71.090;

(4) repealed 6/22/2003;

(5) verification of work experience or training equivalent to that required by AS 08.71.110(a)(2); and

(6) a complete authorization for release of records form.

History

Authority: AS 08.71.055; AS 08.71.145
Eff. 4/22/83, Register 86; am 8/20/87, Register 103; am 5/25/2000, Register 154; am 6/22/2003, Register 166; am 12/25/2019, Register 232

12 AAC 30.105 License endorsement

(a) A dispensing optician may add a contact lens endorsement or spectacles endorsement to the dispensing optician's existing current license by submitting

(1) a completed application on a form provided by the department;

(2) the application fee established in 12 AAC 02.200;

(3) verification of having passed the applicable examination described in AS 08.71.090, sent directly to the department from the organization that administered the examination;

(4) documentation of meeting the experience or training requirements required under AS 08.71.110(a)(2), sent directly to the department from the licensed physician, optometrist, or dispensing optician that supervised the applicant; and

(5) verification that the applicant has passed the applicable course described in 12 AAC 30.075 if applying under 12 AAC 30.070, sent directly from the National Academy of Opticianry or the Contact Lens Society of America.

(b) An applicant applying for a dispensing optician license under 12 AAC 30.070 or 12 AAC 30.100 with a combined contact lens and spectacles endorsement shall submit

(1) the applicable application and supporting documents required under 12 AAC 30.070 or 12 AAC 30.100;

(2) verification of having passed both examinations described in AS 08.71.090, sent directly to the department from the organization that administered the examinations; and

(3) documentation of meeting the experience or training requirements in AS 08.71.110(a)(2) for contact lens and spectacles, sent directly to the department by the licensed physician, optometrist, or dispensing optician that supervised the applicant.

(c) An applicant for an endorsement under (a) of this section may submit official transcripts, sent directly from the issuing school or college of opticianry to the department, documenting the degree requirements of AS 08. 71.110(b) as a substitute for the requirements of (a)(4) and (5) of this section.

History

Authority: AS 08.71.080; AS 08.71.110; AS 08.71.145
Eff. 2/26/2003, Register 165; am 12/25/2019, Register 232

12 AAC 30.110 Apprentice registration

(a) To register as an apprentice, an applicant must submit

(1) a completed application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.200;

(3) the supervisor's statement of responsibility that meets the requirements of 12 AAC 30.125, on a form provided by the department, sent directly to the department from the licensed dispensing optician, optometrist, or physician, supervising the apprentice; and

(4) a complete authorization for release of records form.

(b) Except under (c) of this section, no hours of apprenticeship training received before registration will be accepted under AS 08.71.110(a)(2)(A).

(c) The department will, in its discretion, accept under AS 08.71.110(a)(2)(A), apprenticeship training hours received before registration when those hours are documented at the time of initial registration and are verified by the department, only in those cases when an applicant received training out of state before beginning an apprenticeship in the state.

(d) The supervisor of an apprentice shall notify the department in writing on a form provided by the department, not later than 30 days after the apprenticeship training is complete or is terminated under that supervisor. The supervisor must state the reason for termination of the apprentice on the form.

(e) An apprentice shall notify the department, on a form provided by the department, when there is a change in a supervisor and submit the apprentice registration change fee established in 12 AAC 02.200. Training hours under the new supervisor will not be accepted until the form and fees required under this subsection are received by the department.

(f) Repealed 12/25/2019.

(g) Registration as an apprentice terminates when the apprentice is no longer in an apprenticeship under a supervisor that satisfies the requirements of this section.

(h) An apprentice's supervisor shall

(1) possess a current, unrestricted license to practice as a physician, optometrist, or dispensing optician;

(2) be employed in the same facility and by the same employer as the apprentice in the capacity of supervisor of the apprentice; and

(3) provide regular supervision to the apprentice as described by 12 AAC 30.125(c).

(i) An applicant for renewal of a registration shall submit a renewal form provided by the department and the renewal fee established in 12 AAC 02.200. The registration form shall be signed by the apprentice's supervisor.

History

Authority: AS 08.71.055; AS 08.71.160
Eff. 3/30/84, Register 89; am 10/1/88, Register 107; am 5/20/93, Register 126; am 2/26/2003, Register 165; am 12/25/2019, Register 232

12 AAC 30.120 Apprentice training

(a) Apprenticeship training under AS 08.71.110 relating to spectacles must include instruction in the following subject areas:

(1) customer relations, including communication and interaction;

(2) knowledge and application of basic optical concepts and principles;

(3) knowledge and application of practical anatomy and physiology;

(4) knowledge and implications of common ophthalmic disorders;

(5) knowledge of frame and lens materials and application of materials based on the selection of ophthalmic products;

(6) applicable statutes and regulations relating to the practice of dispensing opticianry in the state;

(7) customer instruction on the care and use of ophthalmic products, with emphasis on health and safety;

(8) interpretation of prescriptions;

(9) proper fitting of spectacles to the customer;

(10) selection of spectacles with consideration of the customer's lifestyle, occupation, cosmetic needs, and the availability of ophthalmic products;

(11) knowledge and application of instruments and measurements necessary to fit or adjust spectacles to the customer;

(12) knowledge and use of optical equipment to verify specifications of optical goods, including a lensometer, calipers, lens clock, and other measuring devices;

(13) management skills necessary for record keeping, billing, and the ordering of optical goods and supplies;

(14) knowledge and use of aseptic techniques.

(b) Apprenticeship training under AS 08.71.110 relating to contact lens must include instruction in the following subject areas:

(1) customer relations, including communication and interaction;

(2) knowledge and application of basic optical concepts and principles;

(3) knowledge and application of practical anatomy and physiology;

(4) knowledge and implications of common ophthalmic disorders;

(5) applicable statutes and regulations relating to the practice of dispensing opticianry in the state;

(6) interpretation of prescriptions;

(7) obtaining and documenting the customer's relevant medical history through oral interview and records;

(8) assessment of the technical aspects of the customer's ocular status for contact lens wear by using instruments or other methods to determine appropriate contact lens options;

(9) knowledge of instruments used to determine the customer's contact lens options, including proper calibration of instruments, evaluation of instrument readings and application to the customer's needs;

(10) selection of contact lens material and design based on previously gathered information to conduct diagnostic lens evaluation, if trial fitting is deemed beneficial;

(11) insertion of trial contact lens material and evaluation of subjective and objective findings to determine appropriate lens selection;

(12) determination of contact lens parameters using the results obtained from the diagnostic contact lens trial fitting and evaluation of the objective findings and the customer's subjective responses to fitting so that the appropriate contact lens may be ordered;

(13) knowledge of instruments and recognized standards necessary to verify contact lens parameters by comparing contact lens ordered to assure accuracy;

(14) education of the customer on all aspects of contact lens wear including disinfection, storage, care, maintenance of contact lenses and supplies, and wearing schedules by providing verbal and written instructions and hands on practice with contact lenses to encourage compliance.

(d) Repealed 2/26/2003.

(e) Repealed 2/26/2003.

History

Authority: AS 08.71.055; AS 08.71.110; AS 08.71.160
Eff. 11/7/98, Register 148; am 5/25/2000, Register 154; am 2/26/2003, Register 165

12 AAC 30.125 Supervision of apprentice

(a) A person who meets the requirements of AS 08.71.160 and 12 AAC 30.110(h) and that will provide regular supervision to an apprentice, must submit to the department a completed form, provided by the department, that includes the

(1) supervisor's name and license number;

(2) supervisor's employer;

(3) apprentice's name;

(4) location where supervision will occur;

(5) date supervision is to begin;

(6) name of an alternate supervisor, if any, who agrees to be an alternate supervisor and meets the requirements of this section.

(b) The supervisor of an apprentice under this section may provide for an alternate supervisor, as described in (a)(6) of this section, who will provide supervision to the apprentice when the supervisor is unavailable.

(1) be physically present at the same site as the apprentice being supervised at least once each day, and may not be absent from the site for more than two hours each day, while dispensing optician tasks are being performed by the apprentice;

(2) frequently observe and review the apprentice's performance of tasks;

(3) ensure that the apprentice performs all dispensing opticians tasks correctly under the supervision of the supervisor.

(d) If the supervision of an apprentice is terminated, the supervisor shall submit to the department the termination notice required by 12 AAC 30.110(d).

History

Authority: AS 08.71.160; AS 08.71.163; AS 08.71.165
Eff. 2/26/2003, Register 165; am 12/25/2019, Register 232

Article 3 Continuing Competence

12 AAC 30.200 Approved continuing competence experiences

(a) Attendance at a seminar or course conducted by one of the following organizations is accepted as meeting the continuing competence requirements of AS 08.71.130(d) and 12 AAC 30.200 - 12 AAC 30.220:

(1) the Opticians Association of America;

(2) the Contact Lens Society of America;

(3) the American Optometric Association;

(4) the American Academy of Ophthalmology;

(5) Repealed 12/25/2019;

(6) the Opticians Association of Alaska, Incorporated; or

(7) other recognized professional organizations in the field of opticianry.

(b) If specifically approved by the department, the following educational experiences meet the continuing competence requirements of AS 08.71.130(d) and 12 AAC 30.200 - 12 AAC 30.220:

(1) satisfactory completion of a course conducted by a recognized school of opticianry;

(2) instruction by a licensed ophthalmologist, optometrist, dispensing optician, or optical manufacturer outside of the normal work situation, if there are at least three students in attendance; or

(3) acting as an instructor of opticianry outside the normal work situation, if there are at least three students in attendance.

History

Authority: AS 08.71.055; AS 08.71.130
Eff. 6/23/78, Register 66; am 3/30/84, Register 89; am 4/29/91, Register 118; am 2/26/2003, Register 165; am 12/25/2019, Register 232

12 AAC 30.210 Documenting continuing competence

(a) An applicant for license renewal shall submit, on a renewal form provided by the department, a signed statement that the applicant has complied with the continuing competence requirements of 12 AAC 30.220.

(b) An applicant for renewal is responsible for maintaining adequate and detailed records of completed continuing competence courses, seminars, or experiences and shall make them available to the department upon request in accordance with 12 AAC 02.960.

(c) Falsification of any written evidence submitted to the department under this section is grounds for license revocation or suspension under AS 08.71.170.

(d) A licensee must obtain a certificate from a continuing competence provider described in 12 AAC 30.200, as verification of that licensee's completion of all required elements of a course of study. The certificate must meet the requirements of 12 AAC 02.960(e), and provide the aspect of opticianry for which the activity pertains. If the activity pertains to more than one aspect of opticianry, the certificate must provide for how the time in class was divided, to the nearest quarter hour.

History

Authority: AS 08.71.055; AS 08.71.130
Eff. 6/23/78, Register 66; am 3/30/84, Register 89; am 4/29/91, Register 118; am 11/7/98, Register 148; am 5/25/2000, Register 154; am 2/26/2003, Register 165; am 12/25/2019, Register 232

12 AAC 30.220 Continuing competence requirements

(a) An applicant for renewal of a dispensing optician license shall complete at least 10 hours of continuing competence acceptable to the department under this chapter during the concluding licensing period for each aspect of dispensing opticianry in which the applicant is licensed.

(b) Continuing competence experiences must relate directly to the aspect of dispensing opticianry for which the applicant is licensed. However, for each biennial renewal, no more than two hours may be in the aspect for which the applicant is not licensed and no more than two hours may be in business management.

(d) One quarter-hour of academic credit from a college or university course directly related to optics, anatomy, or physiology of the eye constitutes five hours of continuing competence.

(e) One semester-hour of academic credit from a college or university course directly related to optics, anatomy, or physiology of the eye constitutes 10 hours of continuing competence.

(f) A dispensing optician who is applying for license renewal for the first time shall certify having completed at least five contact hours of continuing education for each aspect of dispensing opticianry in which the applicant is licensed, for each complete calendar year that the applicant was licensed during the concluding licensing period.

History

Authority: AS 08.71.080; AS 08.71.130
Eff. 6/23/78, Register 66; am 4/22/83, Register 86; am 4/29/91, Register 118; am 2/26/2003, Register 165; am 12/25/2019, Register 232

Article 4 General Provisions

12 AAC 30.900 Verifications

Verification of training of an applicant as required in 12 AAC 30.070 - 12 AAC 30.125, shall be certified or notarized documentation supplied to the department by a licensed supervisor.

History

Authority: AS 08.71.055; AS 08.71.130 AS 08.71.110; AS 08.71.145
Eff. 4/22/83, Register 86; am 5/25/2000, Register 154; am 12/25/2019, Register 232; am 4/18/2025, Register 254

12 AAC 30.905 License renewal and reinstatement

(a) An applicant for renewal of a dispensing optician license shall submit

(1) a completed renewal application;

(2) the license renewal fee established in 12 AAC 30.200; and

(3) documentation that the applicant has met the continuing competence requirements of 12 AAC 30.200 - 12 AAC 30.220 during the concluding license period.

(b) The department will reinstate a dispensing optician license that has lapsed at least 60 days but less than five years if the applicant submits

(1) a completed renewal application;

(2) the license renewal fee established in 12 AAC 30.200; and

(3) evidence of completion of the continuing competence requirements of 12 AAC 30.200 - 12 AAC 30.210 that would have been required to maintain a current license for the entire period the license has been lapsed.

History

Authority: AS 08.01.100; AS 08.71.055; AS 08.71.130
Eff. 12/25/2019, Register 232

12 AAC 30.915 Current address

A licensee or apprentice shall maintain a current, valid mailing address on file with the division at all times. The latest mailing address on file for a current or lapsed license or apprentice registration is the address of the licensee or apprentice for official communication, notifications, and service of legal process.

History

Authority: AS 08.71.055
Eff. 8/20/87, Register 103; am 2/26/2003, Register 165

12 AAC 30.990 Definitions

(a) In AS 08.71 and this chapter, unless the context requires otherwise,

(1) "apprentice" means a novice in the field of opticianry who is working towards completion of the requirements in AS 08.71.110 under the regular supervision of a supervisor who meets the requirements of AS 08.71.160, 12 AAC 30.110(h), and 12 AAC 30.125;

(2) Repealed 12/25/2019;

(3) "contact lens" means a lens designed for the correction or relief of visual defects or for cosmetic purposes, that is placed on the anterior surface of the cornea;

(4) "contact lens parameters" means a listing of those parameters necessary to produce a duplicate contact lens;

(5) "contact-lens prescription" means a written authorization to fit for contact lenses and includes the dioptric power of spheres, cylinders, and axis, and instructs the patient to return for a follow up visit;

(6) "department" means the Department of Commerce, Community, and Economic Development;

(7) "division" means the division of corporations, business and professional licensing in the department;

(8) "eyeglasses" has the same meaning given the term "spectacles" in this section;

(9) "jurisdiction" means a licensing board or administrative agency of this state, another state, territory, or possession of the United States, responsible for issuing licenses and maintaining records for dispensing opticians;

(10) "spectacles" means an external prosthetic appliance for the correction or relief of an optical or visual defect;

(11) "supervision" has the same meaning as in AS 08.71.240;

(12) "supervisor" means a person who meets the requirements of AS 08.71.160, 12 AAC 30.110(h), and 12 AAC 30.125 to supervise an apprentice.

(b) For the purposes of AS 08.71.170, "minimum professional standards" includes

(1) taking any necessary and correct measurements for placement of pupilary distance, segments, optical centers, and prism for each pair of spectacles dispensed; and

(2) verifying that each pair of spectacles and contact lens dispensed meets the specifications and parameters for the prescription, using the necessary optical equipment.

History

Authority: AS 08.71.055; AS 08.71.110; AS 08.71.145 AS 08.71.090; AS 08.71.130
Eff. 4/22/83, Register 86; am 5/1/97, Register 142; am 5/25/2000, Register 154; am 1/5/2002, Register 161; am 2/26/2003, Register 165; am 12/25/2019, Register 232

Chapter 32 Electrical Administrators

Article 1 Application and Examination Requirements

12 AAC 32.005 Transitional licensure

Repealed.

History

Eff. 7/7/94, Register 131; am 11/26/94, Register 132; repealed 1/22/2004, Register 169

12 AAC 32.010 Application

Repealed 7/28/77.

12 AAC 32.011 Qualifications for an electrical administrator license in the outside linework category

12 AAC 32.011 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/22/83, Register 86; am 3/16/84, Register 89; am 6/18/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.015 Application for licensure by examination

(a) A complete application for an electrical administrator license by examination consists of

(1) a completed application, on a form provided by the department, that identifies the license category for which the applicant is applying and includes self-certifications by the applicant confirming that the applicant meets the qualifications for the identified categories as set out in 12 AAC 32.055 - 12 AAC 32.075;

(2) the fees required in 12 AAC 02.210;

(3) the applicant's official transcripts from a college, university, or trade school that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education if the applicant is submitting proof of completed education to qualify for a license; official transcripts must be sent directly to the department by that college, university, or trade school; and

(4) verification that the applicant has obtained, within the 12 months immediately preceding the date of application, a score of at least 70 percent on an electrical administrator examination approved by the department.

(b) The department may require additional documentation necessary to substantiate the experience and education claimed by an applicant before approving an applicant for licensure by examination.

History

Authority: AS 08.40.045; AS 08.40.090; AS 08.40.120 AS 08.40.050; AS 08.40.110; AS 08.40.150
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 1/22/2004, Register 169; am 5/14/2022, Register 242; am 4/16/2023, Register 246

12 AAC 32.020 Notification

Repealed 7/28/77.

12 AAC 32.021 Examination for an electrical administrator license in the outside linework category

12 AAC 32.021 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; deleted as of Register 132, January 1995

12 AAC 32.025 Application for licensure by credentials

(a) A complete application for an electrical administrator license by credentials consists of

(1) a completed application, on a form provided by the department, that identifies the license category for which the applicant is applying and includes self-certifications by the applicant confirming that the applicant meets the qualifications for the identified license categories as set out in 12 AAC 32.055 - 12 AAC 32.075;

(2) the fees required in 12 AAC 02.210;

(3) verification of a current, active license from another state, sent directly to the department by the other state which identifies any relevant license category;

(4) verification of an examination passed in another state, sent directly to the department by the other state, that is equivalent to the examination administered in this state; and

(5) the applicant's official transcripts from a college, university, or trade school that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education if the applicant is submitting proof of completed education to qualify for a license; official transcripts must be sent directly to the department by that college, university, or trade school.

(b) The department may require additional documentation necessary to substantiate the experience and education claimed by an applicant before approving an applicant for licensure by credentials.

History

Authority: AS 08.40.045; AS 08.40.110; AS 08.40.150 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 1/22/2004, Register 169; am 5/14/2022, Register 242; am 4/16/2023, Register 246

12 AAC 32.030 Examinations

Repealed 7/28/77.

12 AAC 32.031 Scope of an electrical administrator license in the outside linework category

12 AAC 32.031 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 4/11/79, Register 70; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; deleted as of Register 132, January 1995

12 AAC 32.032 Addition of license categories

A licensee may add a license category to an electrical administrator license by submitting the information required under 12 AAC 32.015(a) or 12 AAC 32.025(a) and passing the examination for the applicable license category.

History

Authority: AS 08.40.045; AS 08.40.090; AS 08.40.120 AS 08.40.050; AS 08.40.110
Eff. 11/26/94, Register 132

12 AAC 32.035 License renewal

To renew an electrical administrator license, the licensee shall submit

(1) a renewal application on a form provided by the department;

(2) the fee established in 12 AAC 02.210; and

(3) certification of compliance with the continuing education requirements of 12 AAC 32.305 - 12 AAC 32.365.

History

Authority: AS 08.40.045; AS 08.40.090; AS 08.40.135 AS 08.40.050; AS 08.40.110; AS 08.40.150
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 5/14/2022, Register 242

12 AAC 32.040 Notification of results

Repealed 7/28/77.

12 AAC 32.045 Examination

Repealed.

History

Eff. 7/7/94, Register 131; am 11/26/94, Register 132; repealed 1/22/2004

12 AAC 32.046 Reexamination

An applicant may not take the written examination more than three times during a 12-month period.

History

Authority: AS 08.40.045; AS 08.40.060 AS 08.40.050; AS 08.40.120
Eff. 4/16/2023, Register 246

Article 2 Unlimited Linework Category

12 AAC 32.050 Reexamination

Repealed 7/28/77.

12 AAC 32.051 Qualifications for an electrical administrator license in the outside communications category

12 AAC 32.051 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; deleted as of Register 132, January 1995

12 AAC 32.055 Qualifications for an electrical administrator license in the unlimited linework category

An applicant for an electrical administrator license in the unlimited linework category shall furnish proof satisfactory to the department that the applicant has

(1) practical experience as a journeyman lineman in outside linework for at least four of the six years immediately preceding the date of application;

(2) construction management experience in outside linework as a field superintendent or similar position in outside linework for at least four of the six years immediately preceding the date of application;

(3) a combination of practical experience as a journeyman lineman in outside linework and construction management experience as a field superintendent or similar position in outside linework for at least four of the six years immediately preceding the date of application;

(4) a degree in electrical engineering from a nationally or regionally accredited college or university plus practical experience as a journeyman lineman or field engineer in outside linework for at least one of the three years immediately preceding the date of application;

(5) a registration in the state as a professional electrical engineer plus management experience in the electrical construction industry as a field engineer or in a similar engineering position for at least one of the three years immediately preceding the date of application; or

(6) experience as a journeyman lineman in outside linework for three of the six years immediately preceding the date of application and

(A) one year of experience during those six years as a certified electrical inspector for a state or municipality;

(B) one year of experience during those six years as a full-time electrical instructor at a college, university, or trade school that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education; or

(C) completion of a curriculum that the division determines is related to outside linework at a college, university, or trade school that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 5/14/2022, Register 242

12 AAC 32.060 Failure to appear for examination

Repealed 7/28/77.

12 AAC 32.061 Examination for an electrical administrator license in the outside communications category

12 AAC 32.061 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; deleted as of Register 132, January 1995

12 AAC 32.065 Examination for an electrical administrator license in the unlimited linework category

An applicant for an electrical administrator license in the unlimited linework category will be examined to determine the

(1) applicant's knowledge of outside linework and outside communications;

(2) familiarity with the applicable portions of the regulations contained in the National Electrical Code and the National Electrical Safety Code, as approved by the American National Standards Institute, other applicable installation and safety regulations approved by the American National Standards Institute; and

(3) practical skill and ability in outside linework and outside communications.

History

Authority: AS 08.40.045; AS 08.40.060 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.070 Issuance of license

Repealed 7/28/77.

12 AAC 32.071 Scope of an electrical administrator license in the outside communications category

12 AAC 32.071 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; deleted as of Register 132, January 1995

12 AAC 32.075 Scope of an electrical administrator license in the unlimited linework category

(a) The holder of an electrical administrator license in the unlimited linework category may supervise, in accordance with AS 08.40.195,

(1) all outside linework defined in (b) of this section; and

(2) the work defined under the outside communications category in 12 AAC 32.125(b).

(b) Outside linework includes all

(1) work necessary to the assembling, installation, erection, operation, maintenance, or repair of all electrical apparatus, devices, wires, cables, supports, insulators, conductors, ducts, and raceways when they are part of distribution systems outside of buildings and are outside of property lines of any given property up to and including the primary side of transformers;

(2) underground ducts and cables when they are part of a system of a distributing company or utility;

(3) outdoor substations and electrical connections up to and including the setting of transformers and the connecting of the primary busses to them;

(4) outdoor street lighting on public thoroughfares, roadways, and rights-of-way;

(5) linework consisting of wood, concrete, metal, or substitutes for those materials; and

(6) linework consisting of poles or towers, including wires, cables, or other apparatus supported by them.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.080 Administrator of license

Repealed 7/28/77.

Article 3 Outside Communications Category

12 AAC 32.090 Qualifications for an electrical administrator license in the inside wiring category

12 AAC 32.090 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/22/83, Register 86; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.100 Examination for an electrical administrator license in the inside wiring category

12 AAC 32.100 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

12 AAC 32.105 Qualifications for an electrical administrator license in the outside communications category

An applicant for an electrical administrator license in the outside communications category shall furnish proof satisfactory to the department that the applicant

(1) has practical experience as a journeyman in outside communications for at least two of the four years immediately before the date of application; or

(2) is a graduate of a college, university, or trade school in outside communications that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.110 Scope of an electrical administrator license in the inside wiring category

12 AAC 32.110 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 4/11/79, Register 70; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.115 Examination for an electrical administrator license in the outside communications category

An applicant for an electrical administrator license in the outside communications category will be examined to determine the

(1) applicant's knowledge of outside communications;

(3) practical skill and ability in outside communications.

History

Authority: AS 08.40.045; AS 08.40.060 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131

12 AAC 32.125 Scope of an electrical administrator license in the outside communications category

(a) The holder of an electrical administrator license in the outside communications category may supervise all work defined in (b) of this section in accordance with AS 08.40.195.

(b) Outside communications includes outside linework as defined in 12 AAC 32.075(b) but limited to the installation, operation, maintenance, and repair of telephone, cable television, and intercommunication facilities, up to the first point of distribution or the first terminal inside of buildings or property lines.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 5/14/2022, Register 242

Article 4 Unlimited Commercial Wiring Category

12 AAC 32.130 Qualifications for an electrical administrator license in the inside communications category

12 AAC 32.130 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; am 8/16/84, Register 91; deleted as of Register 132, January 1995

12 AAC 32.140 Examination for an electrical administrator license in the inside communications category

12 AAC 32.140 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

12 AAC 32.145 Qualifications for an electrical administrator license in the unlimited commercial wiring category

An applicant for an electrical administrator license in the unlimited commercial wiring category shall furnish proof satisfactory to the department that the applicant has

(1) practical experience as a journeyman electrician in inside commercial wiring for at least four of the six years immediately preceding the date of application;

(2) construction management experience in inside wiring as a field superintendent or similar position in inside wiring for at least four of the six years immediately preceding the date of application;

(3) a combination of practical experience as a journeyman electrician in inside commercial wiring and construction management experience as a field superintendent or similar position in inside commercial wiring for at least four of the six years immediately preceding the date of application;

(4) a degree in electrical engineering from a nationally or regionally accredited college or university plus practical experience as a journeyman electrician or field engineer in inside commercial wiring for at least one of the three years immediately preceding the date of application;

(5) a registration in the state as a professional electrical engineer plus management experience in the electrical construction industry as a field engineer or in a similar position for at least one of the three years immediately preceding the date of application, or

(6) experience as a journeyman electrician in inside commercial wiring for three of the six years immediately preceding the date of application and

(A) one year of experience during those six years as a certified electrical inspector for a state or municipality;

(C) completion of a curriculum that the division determines is related to inside commercial wiring at a college, university, or trade school that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 5/14/2022, Register 242

12 AAC 32.150 Scope of an electrical administrator license in the inside communications category

12 AAC 32.150 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; am 4/8/88, Register 106; deleted as of Register 132, January 1995

12 AAC 32.155 Examination for an electrical administrator license in the unlimited commercial wiring category

An applicant for an electrical administrator license in the unlimited commercial wiring category will be examined to determine the

(1) applicant's knowledge of commercial and residential inside wiring, inside communications, and low voltage control wiring;

(2) familiarity with the applicable portions of the regulations contained in the National Electrical Code and other applicable installation and safety regulations approved by the American National Standards Institute; and

(3) practical skill and ability in commercial and residential inside wiring, inside communications, and low voltage control wiring.

History

Authority: AS 08.40.045; AS 08.40.060 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.165 Scope of an electrical administrator license in the unlimited commercial wiring category

(a) The holder of an electrical administrator license in the unlimited commercial wiring category may supervise, in accordance with AS 08.40.195,

(1) all inside wiring work defined in (b) of this section;

(2) the work defined under the inside communications category in 12 AAC 32.195(b);

(3) the work defined under the residential wiring category in 12 AAC 32.235(b); and

(4) the work defined under the controls and control wiring category in 12 AAC 32.275(b).

(b) Inside wiring includes

(1) installation, construction, operation, maintenance, and repair of all electrical work subject to the National Electrical Code within buildings and within property lines of any given property, and beginning at the secondary side of the transformer or street lighting and traffic signalization on public thoroughfares, roadways, or rights-of-way; and

(2) work starting immediately after the first point of attachment of aerial or underground conductors to buildings or structures if aerial or underground wires or cables are used to provide power for buildings or structures within the property lines of any given property.

(1) linework consisting of poles and towers, including the wires, cables, and other apparatus supported by them; and

(2) outdoor substations or other work defined under the outside line work category.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

Article 5 Inside Communications Category

12 AAC 32.170 Qualifications for an electrical administrator license in the residential wiring category

12 AAC 32.170 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; deleted as of Register 132, January 1995

12 AAC 32.175 Qualifications for an electrical administrator license in the inside communications category

An applicant for an electrical administrator license in the inside communications category shall furnish proof satisfactory to the department that the applicant

(1) has practical experience as a journeyman in inside communications for at least two of the four years immediately before the date of application; or

(2) is a graduate of a college, university, or trade school in inside communications that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.180 Examination for an electrical administrator license in the residential wiring category

12 AAC 32.180 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

12 AAC 32.185 Examination for an electrical administrator license in the inside communications category

An applicant for an electrical administrator license in the inside communications category will be examined to determine the

(1) applicant's knowledge of inside communications;

(3) practical skill and ability in inside communications.

History

Authority: AS 08.40.045; AS 08.40.060 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.190 Scope of an electrical administrator license in the residential wiring category

12 AAC 32.190 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; am 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.195 Scope of an electrical administrator license in the inside communications category

(a) The holder of an electrical administrator license in the inside communications category may supervise all work defined in (b) of this section in accordance with AS 08.40.195.

(b) Inside communications includes work within the inside wiring jurisdiction but limited to the installation, operation, maintenance, and repair of telephone, cable television, and intercommunication facilities, beginning at the first point of distribution or the first terminal inside of buildings or property lines.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 5/14/2022, Register 242

Article 6 Residential Wiring Category

12 AAC 32.201 Qualifications for an electrical administrator license in the controls and control wiring category

12 AAC 32.201 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.210 Examination

Relocated to 12 AAC 32.410.

12 AAC 32.211 Examination for an electrical administrator license in the controls and control wiring category

12 AAC 32.211 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.215 Qualifications for an electrical administrator license in the residential wiring category

An applicant for an electrical administrator license in the residential wiring category shall furnish proof satisfactory to the department that the applicant has practical experience as a journeyman residential wireman for at least two of the four years immediately preceding the date of application.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131

12 AAC 32.220 Reexamination

Relocated to 12 AAC 32.420.

12 AAC 32.221 Scope of an electrical administrator license in the controls and control wiring category

12 AAC 32.221 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.225 Examination for an electrical administrator license in the residential wiring category

An applicant for an electrical administrator license in the residential wiring category will be examined to determine the

(1) applicant's knowledge of residential wiring;

(3) practical skill and ability in residential wiring.

History

Authority: AS 08.40.045; AS 08.40.060 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131

12 AAC 32.230 Notice of examination

Relocated to 12 AAC 32.430.

12 AAC 32.235 Scope of an electrical administrator license in the residential wiring category

(a) The holder of an electrical administrator license in the residential wiring category may supervise all work defined in (b) of this section, in accordance with AS 08.40.195, on a residential dwelling unit not exceeding three stories in height and no larger than a four-plex except three phase services and wiring.

(b) Residential wiring is limited to the residential occupancies described in (a) of this section, and includes

(1) inside wiring work as defined in 12 AAC 32.165(b);

(2) inside communications work as defined in 12 AAC 32.195(b); and

(3) control and control wiring work as defined in 12 AAC 32.275(b).

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.240 Examination review

Repealed 4/8/88.

Article 7 Controls and Control Wiring Category

12 AAC 32.250 Application requirements

12 AAC 32.250 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 4/11/79, Register 70; am 11/7/81, Register 80; am 8/23/85, Register 95; am 4/18/88, Register 106; am 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 32.255 Qualifications for an electrical administrator license in the controls and control wiring category

An applicant for an electrical administrator license in the controls and control wiring category shall furnish proof satisfactory to the department that the applicant is licensed as a mechanical administrator under AS 08.40 and 12 AAC 39 and has

(1) practical experience as a journeyman installing low voltage controls of 48 volts or less for at least two of the four years immediately before the date of application;

(2) construction management experience in low voltage control wiring as a field superintendent or similar position in low voltage control wiring for at least two of the four years immediately before the date of application; or

(3) a registration in the state as an electrical or mechanical engineer plus management experience in the electrical or mechanical low voltage control wiring industry as a field engineer for at least one of the three years immediately before the date of application.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.260 Time and place for filing applications

Repealed 8/16/84.

12 AAC 32.261 Final filing date

12 AAC 32.261 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 8/23/85, Register 95; deleted as of Register 132, January 1995

12 AAC 32.265 Examination for an electrical administrator license in the controls and control wiring category

An applicant for an electrical administrator license in the controls and control wiring category will be examined to determine the

(1) applicant's knowledge of low voltage control wiring;

(3) practical skill and ability in low voltage control wiring.

History

Authority: AS 08.40.045; AS 08.40.060 AS 08.40.050; AS 08.40.120
Eff. 7/7/94, Register 131

12 AAC 32.270 Original license and renewal fees

Repealed 4/8/88.

12 AAC 32.275 Scope of an electrical administrator license in the controls and control wiring category

(a) The holder of an electrical administrator license in the controls and control wiring category may supervise all work defined in (b) of this section in accordance with AS 08.40.195.

(b) Controls and control wiring includes the installation of low voltage controls and control wiring of 48 volts or less for heating, plumbing, process piping, cooling, ventilating, humidifying, and refrigerating equipment. Nothing in this section limits the authority or responsibility of a mechanical administrator to ensure that the controls being installed or modified properly function as an integral part of the mechanical system.

History

Authority: AS 08.40.045; AS 08.40.090 AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131

12 AAC 32.280 License renewal

12 AAC 32.280 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 3/31/82, Register 81; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Article 8 Continuing Education

12 AAC 32.300 Purpose of continuing education

12 AAC 32.300 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 4/22/83, Register 86; deleted as of Register 132, January 1995

12 AAC 32.305 Purpose of continuing education

12 AAC 32.305 took effect 7/7/94 as an emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 132, January 1995 differed from the emergency regulation even though the section's history note did not reflect an amendment to that section.

The purpose of continuing electrical education is to ensure that the renewal of licenses is contingent upon proof of continued competency and assure the consumer of optimum quality and safety of electrical installation by requiring licensed electrical administrators to pursue education designed to include the current National Electrical Code and the current National Electrical Safety Code.

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131

12 AAC 32.310 Hours of continuing education required

12 AAC 32.310 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 4/22/83, Register 86; am 8/23/85, Register 95; am 4/8/88, Register 106; am 9/29/90, Register 115; deleted as of Register 132, January 1995

12 AAC 32.315 Hours of continuing education required

(a) An applicant for renewal of an electrical administrator license shall document the satisfactory completion of the continuing education requirements in this section during the concluding licensing period, unless the licensee has passed a licensing examination based upon the appropriate code during the concluding licensing period.

(b) An applicant must satisfactorily complete at least one eight-hour continuing education workshop or an equivalent number of hours of a formal correspondence or individual study program approved by the department that covers the following codes applicable to each category of license held:

(1) the National Electrical Code adopted in AS 18.60.580 for renewal of an electrical administrator license in the categories of

(A) inside communications;

(B) unlimited commercial wiring;

(D) residential wiring;

(2) the National Electrical Safety Code adopted in AS 18.60.580 for renewal of an electrical administrator license in the categories of

(A) outside communications; and

(B) unlimited linework.

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.320 Approved workshops

Repealed 4/8/88.

12 AAC 32.321 Approved workshops

12 AAC 32.321 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 9/29/90, Register 115; deleted as of Register 132, January 1995

12 AAC 32.325 Approved workshops and courses

(a) Except as provided in 12 AAC 32.365, to be approved by the department, a continuing education workshop must cover the edition of the National Electrical Code or National Electrical Safety Code adopted in AS 18.60.580.

(b) A continuing education workshop sponsored by an individual or organization not identified in (c) of this section must be individually approved by the department. The department will approve a continuing education workshop if

(1) a description of the workshop and the number of hours of instruction are submitted to the department;

(2) the department determines that the workshop meets the requirements in (a) of this section;

(3) the workshop requires participants to register; and

(4) satisfactory completion of the workshop is verifiable.

(c) A workshop sponsored by any of the following organizations that meets the requirements of (a) of this section is considered approved by the department:

(1) Alaska Department of Labor and Workforce Development;

(2) National Electrical Contractors Association;

(3) National Fire Protection Association;

(4) Independent Electrical Contractors, Inc.;

(5) Institute of Electrical and Electronics Engineers, Inc.;

(6) International Association of Electrical Inspectors; and

(7) International Brotherhood of Electrical Workers.

(d) A course sponsored by or accepted by the Department of Labor and Workforce Development on the subjects described in 12 AAC 32.315(b) is approved by the department.

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 12/2/99, Register 152

12 AAC 32.330 Individual study

12 AAC 32.330 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provisions had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 4/22/83, Register 86; deleted as of Register 132, January 1995

12 AAC 32.335 Individual study

To be approved by the department, a formal correspondence or other individual study program must require registration of the participants and must provide evidence of satisfactory completion of the program. The number of hours of continuing education credit awarded for the satisfactory completion of a formal correspondence or other individual study program will be determined by the department on an individual basis.

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.340 Report of continuing education

12 AAC 32.340 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 4/22/83, Register 86; am 4/8/88, Register 106; deleted as of Register 132, January 1995

12 AAC 32.345 Report of continuing education

(a) An applicant for renewal of a license under 12 AAC 32.035 shall submit, on a form provided by the department, a statement certifying that the applicant has met the continuing education requirements of 12 AAC 32.315.

(b) Falsification of any written evidence submitted to the department under this section is grounds for disciplinary action under AS 08.40.170.

History

Authority: AS 08.40.050; AS 08.40.135; AS 08.40.170
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 12/2/99, Register 152; am 5/14/2022, Register 242

12 AAC 32.350 Exemption from continuing education requirements

12 AAC 32.350 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 4/22/83, Register 86; am 7/31/86, Register 99; deleted as of Register 132, January 1995

12 AAC 32.355 Waiver of continuing education requirements

A licensee unable to obtain the required continuing education hours for license renewal may request a waiver by explaining the circumstances in writing to the department. If the department determines that the licensee was prevented from complying with the continuing education requirements by circumstances beyond the control of the licensee, the department will, in its discretion, prescribe an alternative method of compliance with those requirements as it considers appropriate to the individual situation.

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.365 Edition of code acceptable for continuing education

The department will, in its discretion, accept a course for continuing education credit that covers a more recent edition of the National Electrical Code or the National Electrical Safety Code than the edition adopted in AS 18.60.580 if the more recent edition of the code has been approved by the American National Standards Institute.

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

Eff. 4/11/79, Register 70; am 8/23/85, Register 95; deleted as of Register 132, January 1995

Article 10 General Provisions

12 AAC 32.900 Licensed electrical administrator is responsible for completed project

12 AAC 32.900 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992.

Deleted.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/8/88, Register 106; deleted as of Register 132, January 1995

12 AAC 32.903 Supervision responsibility

12 AAC 32.903 was originally numbered as 12 AAC 32.905 by the Department of Commerce and Economic Development in its emergency regulations which were effective on 7/7/94, Register 131.

As of Register 132, the regulations attorney renumbered the preceding section to 12 AAC 32.903 because 12 AAC 32.905 already existed in the Board of Electrical Examiner's regulations effective on 8/23/85, Register 95.

(a) A licensed electrical administrator is responsible for supervising all electrical work performed under that administrator's license in accordance with AS 08.40.195.

(b) Completion of work conducted under an electrical administrator's license constitutes certification by the administrator that work performed and materials used conform to applicable codes and standards.

(c) In compliance with AS 08.40.195, an electrical administrator shall maintain a record of supervised work, on a form provided by the department. The electrical administrator must sign the certification statement on that form, verifying the administrator's supervision of any work for which the administrator had responsibility or control. An electrical administrator shall submit the records of supervised work upon request by the department and shall retain the records for a minimum of three years from the date the certification statement is signed.

History

Authority: AS 08.40.045; AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.905 Electrical Administrators

12 AAC 32.905. Current address. 12 AAC 32.905 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992. Deleted.

History

Eff. 8/23/85, Register 95; deleted as of Register 132, January 1995

12 AAC 32.915 Electrical Administrators

12 AAC 32.915. Change of employer or company affiliation. 12 AAC 32.915 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992. Deleted.

History

Eff. 7/31/86, Register 99; am 4/8/88, Register 106; deleted as of Register 132, January 1995

12 AAC 32.920 Electrical Administrators

12 AAC 32.920. Change of employer or company affiliation. A licensed electrical administrator shall notify the department in writing within 15 days after a change in electrical administration employment or company affiliation by submitting the change of employer or company affiliation fee established in 12 AAC 02.210 and a notarized statement that includes the (1) name of the previous company and the date employment or affiliation ended; (2) name of the new company and the date employment or affiliation began; (3) construction contractor license number for each company; and (4) electrical administrator's license number.

History

Authority: AS 08.40.050; AS 08.40.130
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 32.930 Electrical Administrators

12 AAC 32.930. Year of experience defined. In this chapter, a year of experience means that within a 12-consecutive-month period the applicant worked in a required field or position for at least 1,500 hours.

History

Authority: AS 08.40.045; AS 08.40.050
Eff. 7/7/94, Register 131

12 AAC 32.990 Electrical Administrators

12 AAC 32.990. Definitions. 12 AAC 32.990 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992. Deleted.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 3/31/82, Register 82; am 3/22/83, Register 86; am 7/31/86, Register 99; am 9/29/90, Register 115; deleted as of Register 132, January 1995

12 AAC 32.995 Electrical Administrators

12 AAC 32.995. Definitions. In this chapter (1) "department" means the Department of Commerce, Community, and Economic Development; (2) "division" means the division of corporations, business and professional licensing in the department; (3) "four-plex" means a building containing four dwelling units erected on a common foundation; (4) "low voltage signaling systems" means electrical circuits that supply no more than 48 volts to ground or less, to appliances that give a recognizable signal, such as doorbells, buzzers, code-calling systems, signal lights, and similar signal giving devices; the phrase does not include control circuits or control devices that direct the performance of any mechanical or electrical appliances that have a main power source greater than 48 volts to ground; (5) "National Electrical Code" is the code approved by the American National Standards Institute; (6) "National Electrical Safety Code" is the code issued by the United States Department of Commerce, bureau of standards; (7) "journeyman" means an individual who holds a certificate of fitness issued by the Department of Labor and Workforce Development under AS 18.62 or an equivalent certificate issued by another licensing jurisdiction; (8) repealed 11/26/94.

History

Authority: AS 08.40.045; AS 08.40.050
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 12/7/2006, Register 180; am 5/14/2022, Register 242

Chapter 34 (Repealed and Reserved)

Article 1 (Repealed)

12 AAC 34.100 Conduct on gaming on the airwaves

Repealed.

History

Eff. 2/5/92, Register 121; repealed 7/30/94, Register 131

Article 2 (Repealed)

12 AAC 34.200 Operator license required

Repealed.

History

Eff. 6/3/90, Register 114; repealed 7/30/94, Register 131

12 AAC 34.210 Operator application requirements

Repealed.

History

Eff. 2/5/92, Register 121; repealed 7/30/94, Register 131

Eff. 6/3/90, Register 114; repealed 7/30/94, Register 131

Eff. 2/5/92, Register 121; repealed 7/30/94, Register 131

Article 5 (Repealed)

12 AAC 34.500 Bingo Sessions

Repealed.

History

Eff. 6/30/90, Register 114; repealed 7/30/94, Register 131

Article 7 (Repealed)

12 AAC 34.700 Maximum Allowable Deductions for Authorized Expenses

Repealed.

History

Eff. 2/5/92, Register 121; repealed 7/30/94, Register 131

Article 8 (Repealed)

12 AAC 34.810 Prohibited financial interest

Repealed.

History

Eff. 2/5/92, Register 121; repealed 7/30/94, Register 131

Eff. 6/3/90, Register 114; am 2/5/92, Register 121; repealed 7/30/94, Register 131

Chapter 36 State Board of Registration for Architects, Engineers, and Land Surveyors

Article 1 Registration and Licensing

12 AAC 36.010 Applications

(a) An application for examination or for registration by comity must be legible and filed with the board on a form prescribed by the board, accompanied by the application fee established in 12 AAC 02.110.

(b) An applicant will not be admitted to an examination or approved for registration until the applicant's qualifications are accepted by the board, the executive administrator of the board, or the board's designee.

(c) Except as provided in 12 AAC 36.060(a) and 12 AAC 36.068(f), the board will approve an application for examination or for registration by comity if

(1) the application form is complete;

(2) the applicable fees have been paid; and

(3) the board has verified, through all supporting documents, that the applicant meets the registration requirements under AS 08.48 and this chapter.

(d) Except as provided in 12 AAC 36.060(a) and 12 AAC 36.068(f), the board, the executive administrator of the board, or the board's designee will give conditional approval of an application for examination or for registration by comity pending receipt of missing documents, payment of applicable fees for examination or registration, or other corrections to the application if the

(1) application form is substantially complete and includes the applicant's notarized signature;

(2) application fee has been paid;

(3) board, executive administrator of the board, or the board's designee has determined that the applicant's qualifications as listed on the application form show that the applicant meets the registration requirements in AS 08.48 and this chapter;

(4) board, executive administrator of the board, or the board's designee has received all supporting documents required for board review of the application, as defined in (i) of this section; and

(5) board, executive administrator of the board, or the board's designee has determined that any missing supporting documents and the correction of other deficiencies in the application do not require board discretion to review and approve.

(e) If the board, the executive administrator of the board, or the board's designee gives conditional approval of an application, the board, executive administrator, or the board's designee will write a statement of conditional approval. The conditional approval statement will identify the missing supporting documents or other corrections required to complete the application. The department staff shall change the conditional approval to "approval" when the department receives the missing documents and corrections if the documents and corrections clearly show the information required in the statement of conditional approval. If the supporting documents or corrections received by the department require interpretation or discretion, the department staff shall resubmit the application to the board for approval.

(f) Except as provided in 12 AAC 36.060(a), and 12 AAC 36.068(f), if the board, the executive administrator of the board, or the board's designee is unable to determine if the applicant meets the registration requirements in AS 08.48 and this chapter from the application form and supporting documents, the board, executive administrator, or the board's designee will determine that the application is incomplete and will notify the applicant.

(g) For an application determined to be incomplete under (f) of this section, department staff shall

(1) resubmit the application to the board for review if the applicant submits to the department additional application information; and

(2) maintain an incomplete application file for the application until it either is approved or denied by the board or is considered abandoned under 12 AAC 02.910.

(h) Except as provided in 12 AAC 36.060(a), the board will deny an application for examination or for registration by comity if the application does not meet the requirements in this section for approval, conditional approval, or a determination of incomplete application.

(i) In this section, "all supporting documents required for board review" means documentation of the applicant's education, work experience, and responsible charge experience, as required by AS 08.48 and this chapter, except for

(1) official transcripts of the applicant's education if the applicant has

(A) an ABET accredited B.S. degree in the major branch of engineering for which the applicant is applying for registration;

(B) a B.S. degree in an ABET accredited curriculum in land surveying if the applicant is applying for registration as a land surveyor; or

(C) a LAAB accredited professional degree in landscape architecture if the applicant is applying for registration as a landscape architect;

(2) verification of a license or examination in another licensing jurisdiction;

(3) verification of successful completion of coursework as required by 12 AAC 36.110.

(j) The board, the executive administrator of the board, or the board's designee may approve an application for licensure by comity only if credentials are submitted by NCEES, NCARB, or CLARB record.

History

Authority: AS 08.01.050; AS 08.48.101; AS 08.48.191 AS 08.48.055; AS 08.48.171; AS 08.48.201
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 6/3/89, Register 110; am 10/20/90, Register 116; am 5/12/96, Register 138; am 3/8/2001, Register 157; am 10/29/2009, Register 192; am 5/5/2023, Register 246; am 4/18/2024, Register 250

12 AAC 36.020 Abandoned applications

Repealed 10/20/90.

12 AAC 36.030 Refund when application withdrawn

Repealed 6/3/89.

12 AAC 36.040 Simplified application for reexamination

An applicant who has failed the Alaska Land Surveying Examination may apply for reexamination by submitting to the board at least 45 days before the next scheduled examination

(1) a written request stating that the applicant wishes to take the next examination to be offered; and

(2) the examination fee required under 12 AAC 02.110.

History

Authority: AS 08.48.091; AS 08.48.101; AS 08.48.171
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 5/12/96, Register 138; am 7/26/97, Register 143; am 11/13/99, Register 152; am 7/22/2004, Register 171; am 10/14/2006, Register 180; am 5/11/2007, Register 182; am 7/12/2008, Register 187; am 5/4/2013, Register 206; am 10/4/2015, Register 216; am 4/17/2024, Register 250

12 AAC 36.045 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.045. Postponements.

History

Authority: AS 08.48.101
Eff. 5/5/2023, Register 246

12 AAC 36.045 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.045 formerly appeared as 12 AAC 36.070. The board will grant up to two postponements to an applicant who is scheduled to take the Alaska Land Surveying Examination if the applicant's request for postponement is filed with the board not later than 30 days after the date of the examination. An applicant who does not appear for an examination and does not qualify for a postponement is not eligible for a refund of the examination fee and must meet the reexamination application requirements in 12 AAC 36.040 to be scheduled for a later examination.

History

Authority: AS 08.48.101
Eff. 5/5/2023, Register 246

12 AAC 36.050 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.050. Application deadlines. (a) Except as provided in (e) of this section and in 12 AAC 36.040, before the board will review an application for examination, and at least 30 days before the meeting of the board that is immediately before the examination date, the department must receive the applicant's (1) completed application form; (2) application fee established in 12 AAC 02.110; (3) all supporting documents required for board review of the application, as defined in 12 AAC 36.010(i). (b) If the board has given conditional approval of an application for examination under 12 AAC 36.010(d), department staff may not schedule the applicant for the examination unless (1) the department receives all missing supporting documents and other required application corrections identified by the board at least five days before the deadline for examination registration set by NCEES; and (2) neither the documents nor the corrections must be resubmitted to the board under 12 AAC 36.010(e) because they require interpretation or discretion. (c) To be reviewed by the board, an application for registration by comity, and all supporting documents required for board review of the application, as defined in 12 AAC 36.010(i), must be received by the department at least 30 days before the meeting of the board. (d) If an application deadline in (a) - (c) of this section would fall upon a Saturday, Sunday, or holiday, the deadline is extended to the next business day. (e) An application, a supporting document, or a correction is considered filed with the department on the date of receipt by the department in the Juneau office. The board will, in its discretion, accept a supporting document or a correction after the deadline set in this section upon showing of good cause. (f) Repealed 5/5/2023.

History

Authority: AS 08.48.101; AS 08.48.181
Eff. 5/23/74, Register 50; am 8/10/80, Register 75; am 8/13/87, Register 103; am 10/20/90, Register 116; am 5/12/96, Register 138; am 11/13/99, Register 152; am 1/20/2002, Register 161; am 10/14/2006, Register 180; am 5/4/2013, Register 206; am 8/7/2016, Register 219; am 5/5/2023, Register 246

12 AAC 36.055 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.055. Architect registration by examination. Repealed.

History

Eff. 11/13/99, Register 152; am 7/12/2008, Register 187; repealed 10/29/2009, Register 192

12 AAC 36.060 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.060. Eligibility for architect examination and registration. (a) To be eligible for the architect registration examination required in 12 AAC 36.100(b), an applicant must submit (1) an application showing that the applicant meets the education requirements specified in 12 AAC 36.061; and (2) an NCARB Record. (b) To be eligible for registration by examination as an architect in this state, an applicant must (1) submit an application in compliance with 12 AAC 36.010; (2) meet the education requirements specified in 12 AAC 36.061; (3) complete the NCARB Architectural Experience Program (AXP); (4) meet the cold regions design requirements set out under 12 AAC 36.110; and (5) successfully pass the examinations required in 12 AAC 36.060 and 12 AAC 36.100.

History

Authority: AS 08.48.101; AS 08.48.171; AS 08.48.181
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 8/13/87, Register 103; am 10/20/90, Register 116; am 11/13/99, Register 152; am 10/29/2009, Register 192; am 5/25/2017, Register 222; am 3/28/2019, Register 229; am 5/5/2023, Register 246

12 AAC 36.061 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.061. Architect education requirements. (a) To be eligible for registration as an architect in this state, an applicant must (1) have a professional degree in architecture from an academic institution accredited by the National Architectural Accrediting Board (NAAB) or certified by the Canadian Architectural-Certification Board (CACB) not later than two years after the degree was received; only a bachelor of architecture or a master of architecture satisfies the requirements for a professional degree under this paragraph; four-year pre-professional degrees in architectural studies or post-professional degrees in a related field do not satisfy the requirements for a professional degree under this paragraph; or (2) satisfy the minimum education requirements of the NCARB Education Guidelines as prescribed in the NCARB publication NCARB Education Guidelines, May 2017 and adopted by reference. (b) To verify compliance with (a) of this section, the board will only accept documentation from NCARB of the applicant's education credentials, and the applicant must have NCARB transmit its verification to the board by (1) an NCARB Council Record if the applicant is applying for registration by examination; or (2) an NCARB Council Certificate, if the applicant is applying for registration by comity.

History

Authority: AS 08.48.101; AS 08.48.171
Eff. 11/13/99, Register 152; am 3/8/2001, Register 157; am 1/20/2002, Register 161; am 6/13/2003, Register 166; am 6/11/2005, Register 174; am 9/8/2006, Register 179; am 2/9/2007, Register 181; am 7/12/2008, Register 187; am 7/13/2011, Register 199; am 5/25/2017, Register 222; am 3/28/2019, Register 229; am 5/5/2023, Register 246

12 AAC 36.062 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.062. Eligibility for fundamentals of engineering examination. Repealed.

History

Eff. 9/30/78, Register 67; am 6/29/84, Register 90; am 8/13/87, Register 103; am 6/3/89, Register 110; am 3/16/96, Register 137; am 11/20/99, Register 152; am 3/8/2001, Register 157; am 9/11/2004, Register 171; am 10/29/2009, Register 192; repealed 5/25/2017, Register 222

12 AAC 36.063 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.063. Engineering education and work experience requirements. (a) To be eligible for a professional engineering examination other than the structural engineering examination, an applicant must (1) have passed the fundamentals of engineering examination or had these requirements waived under 12 AAC 36.090(a); (2) apply for examination in a branch of engineering recognized by 12 AAC 36.990(17); and (3) submit to the board satisfactory evidence that the applicant's education, work experience, or both are equivalent to the requirements set out in the following table of education and work experience requirements for a professional engineering examination: TABLE OF EDUCATION AND WORK EXPERIENCE REQUIREMENTS FOR PROFESSIONAL ENGINEERING EXAMINATION Description of Training Equivalent Education in Years Minimum Work Experience in Years Total Years of Education and Work Experience ABET accredited B.S. degree in engineering in the branch of engineering applied for listed in 12 AAC 36.990(a), and a master's or doctorate in engineering acceptable to the board 538ABET accredited B.S. degree in engineering that is not in the branch of engineering applied for listed in 12 AAC 36.990(a), and a master's or doctorate in the branch of engineering applied for listed in 12 AAC 36.990(a) that is acceptable to the board 448ABET accredited B.S. degree in engineering in the branch of engineering applied for listed in 12 AAC 36.990(a) 448ABET accredited B.S. degree in engineering technology in the branch of engineering applied for listed in 12 AAC 36.990(a)358ABET accredited B.S. degree in a branch of engineering that is not the branch for which the applicant has applied 358Master's degree in engineering acceptable to the board in the branch listed in 12 AAC 36.990(a) for which the applicant has applied or in a discipline substantially similar to the branch for which the applicant has applied 268Doctorate degree in engineering acceptable to the board in the branch listed in 12 AAC 36.990(a) for which the applicant has applied or in a discipline substantially similar to the branch for which the applicant has applied 358Master's or doctorate degree in engineering acceptable to the board from a school which has an ABET accredited undergraduate engineering program in the branch for which the applicant has applied 358Non-ABET accredited B.S. degree in engineering in the branch applied for 369 (b) Education for initial registration must be in the branch of engineering in which the applicant seeks registration for full credit to be given. If the education is not in the branch of engineering in which the applicant seeks registration, the board will determine the amount of credit to be given based on comparability with the branch of engineering for which the applicant has applied for registration. An applicant with a degree obtained outside of the United States shall submit (1) a transcript of the applicant's education and if the transcript is not in English, submit a translation into English and a signed and notarized affidavit by the translator of the accuracy of the translation; and (2) an evaluation of the applicant's education from an agency approved by the board unless the applicant's education has been earned at a school accredited by an accreditation agency recognized by the board. (c) The minimum work experience required for registration must include (1) two years of responsible charge experience or the equivalent experience gained through a mentoring program, within the meaning given in 12 AAC 36.990(a) and this section; to receive full credit for responsible charge experience, an applicant must gain responsible charge experience while under the responsible control of a professional engineer registered in the United States in the branch of engineering for which the applicant has applied; the board will determine the amount of credit given for responsible charge experience gained under the responsible control of a professional engineer registered in the United States in another branch of engineering based on the comparability with the branch of engineering to which the applicant has applied; (2) experience gained under (j) of this section will be considered for credit only if it is gained after the applicant has completed education or work experience or both that are equivalent to the requirements to be eligible for the fundamentals of engineering examination. (d) For registration in more than one branch of professional engineering listed in 12 AAC 36.990, professional work experience used to qualify for registration in one branch of engineering will be evaluated by the board in considering an application for registration in another branch of engineering. Except as provided in (c) of this section, responsible charge or mentored experience must be entirely in the branch of engineering applied for and may not be counted as responsible charge experience in another branch of engineering or in land surveying. (e) Education and work experience may not be accumulated concurrently. A maximum of 12 months' credit may be claimed for a calendar year. (f) The board will accept a maximum of two years of credit for professional work experience used in securing registration in land surveying as experience in securing registration in civil or mining engineering. (g) Work experience for initial registration must be in the branch of engineering in which the applicant seeks registration for full credit to be given. If the work experience is not in the branch of engineering in which the applicant seeks registration, the board will determine the amount of credit to be given based on comparability with the branch of engineering for which the applicant has applied for registration. (h) The board will accept up to a maximum of two years of subprofessional work experience for up to one half of the work experience required for registration based on its meeting the definition of "subprofessional work" in 12 AAC 36.990. (i) Repealed 5/5/2023. (j) To meet the mentoring requirements of this section, an applicant must complete quarterly face-to-face meetings with a professional engineer who is registered in the United States and registered in the same discipline that the applicant is applying for. One quarter of responsible charge experience will be credited for every two quarters of a documented mentoring program. An applicant shall (1) prepare a report for each meeting on a form provided by the department, which includes (A) a description of what topics were covered during the meeting; (B) a statement indicating whether or not it was responsible charge work and if the work was performed according to industry standards; (C) the professional engineer's seal and signature; and (2) submit as a part of the final report a statement from the professional engineer, who served as the mentor, recommending the applicant for registration. (k) Repealed 10/22/2023.

History

Authority: AS 08.48.101; AS 08.48.171; AS 08.48.181
Eff. 9/30/78, Register 67; am 6/29/84, Register 90; am 8/13/87, Register 103; am 6/3/89, Register 110; am 3/16/96, Register 137; am 7/26/97, Register 143; am 8/26/98, Register 147; am 11/20/99, Register 152; am 3/8/2001, Register 157; am 6/13/2003, Register 166; am 7/22/2004, Register 171; am 9/11/2004, Register 171; am 10/29/2009, Register 192; am 9/9/2016, Register 219; am 5/25/2017, Register 222; am 5/5/2023, Register 246; am 10/22/2023, Register 248; am 4/18/2024, Register 250

12 AAC 36.064 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.064. Eligibility for fundamentals of land surveying examination. Repealed.

History

Eff. 9/30/78, Register 67; am 3/16/96, Register 137; am 11/13/99, Register 152; am 3/8/2001, Register 157; am 9/11/2004, Register 171; am 10/29/2009, Register 192; am 2/16/2012, Register 201; repealed 5/25/2017, Register 222

12 AAC 36.065 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.065. Eligibility for professional land surveyor examination. (a) To be eligible for the professional land surveyor examination, an applicant must (1) have passed the fundamentals of land surveying examination; and (2) submit to the board satisfactory evidence that the applicant's education, work experience, or both are equivalent to the requirements set out in the following table of education and work experience requirements for professional land surveyors: TABLE OF EDUCATION AND WORK EXPERIENCE REQUIREMENTS FOR PROFESSIONAL LAND SURVEYORS Classification Education Credit Allowed In Years Work Experience Credit Allowed In Years Responsible Charge under P.L.S. In a Land Surveying Capacity In Years Total Years of Education and Work Experience Required Graduate of an ABET accredited or board approved curriculum with a B.S. degree in land surveying and a master's or doctorate degree in land surveying5338Graduate of an ABET accredited land surveying curriculum 4-year course4438Graduate of a board approved land surveying curriculum 4-year course4438Graduate of 4-year degree with board approved courses meeting land surveying education standard under (h) of this section2638 (b) "Responsible charge of professional land surveying (P.L.S.)" means work as a supervisor under the responsible control of a land surveyor registered in the United States, and working in the "practice of land surveying" as described in AS 08.48.341. The remainder of the required work experience listed in (a) of this section must be derived from office or field work involving the activities listed in AS 08.48.341. Partial completion of a curriculum leading to a degree in land surveying will be considered by the board in determining applicable work experience. The board will determine the amount of credit given for responsible charge experience gained under the responsible control of a professional in engineering based on applicability to professional land surveying. (c) The board will accept up to a maximum of two years of credit for professional work experience used in securing registration in civil or mining engineering as experience in securing registration in land surveying based on its applicability to professional land surveying. (d) The board will accept up to a maximum of two years of subprofessional work experience for up to one half of the work experience required for registration based on its applicability to professional land surveying. (e) An applicant with a degree obtained outside of the United States shall submit (1) a transcript of the applicant's education and if the transcript is not in English, submit a translation into English and a signed and notarized affidavit by the translator of the accuracy of translation; and (2) an evaluation of the applicant's education from an agency approved by the board unless the applicant's education has been earned at a school accredited by an accreditation agency recognized by the board. (f) Education and work experience may not be accumulated concurrently. A maximum of 12 months' credit may be claimed for a calendar year. (g) Repealed 10/29/2009. (h) For the purpose of a four-year degree program with board approved courses under (a)(2) of this section, course work must meet the following land surveying education standard: (1) at least 12 semester credits or the equivalent must be in mathematics and basic college level science courses, which must include calculus, physics, and statistics; (2) at least 30 semester credits or the equivalent must be in geomatics and land surveying science and design courses, which must include practical field surveying, course in rectangular survey system, and of which at least six semester credits or the equivalent must be in boundary law courses; the geomatics and land surveying course work must include the study of geographic information system (GIS), global navigation satellite systems (GNSS), error analysis and adjustment, geodesy, and map projections.

History

Authority: AS 08.48.101; AS 08.48.171; AS 08.48.181
Eff. 9/30/78, Register 67; am 2/22/81, Register 81; am 8/13/87, Register 103; am 6/3/89, Register 110; am 3/16/96, Register 137; am 7/26/97, Register 143; am 8/26/98, Register 147; am 11/13/99, Register 152; am 3/8/2001, Register 157; am 1/20/2002, Register 161; am 9/11/2004, Register 171; am 10/29/2009, Register 192; am 2/16/2012, Register 201; am 5/25/2017, Register 222; am 5/5/2023, Register 246; am 4/18/2024, Register 250

12 AAC 36.066 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.066. Verification of land surveyor work experience. (a) In support of an application for examination or registration as a land surveyor, an applicant shall arrange for verification of the work experience as required in 12 AAC 36.065 to be submitted to the board. Verification of work experience must be on a form prescribed by the board and must be completed and submitted directly to the board by the licensed employer who is verifying the applicant's experience. (b) Department staff shall open a file for retention of completed work verification forms for an individual who has not yet submitted an application for examination or registration as a land surveyor if the individual (1) submits a written request to open a work verification file; and (2) attaches the file opening fee established in 12 AAC 02.110. (c) Department staff shall maintain a work verification file for five years from the date that an individual completes the requirements of (b) of this section. Before the end of that five years, an individual may request that the department maintain a work verification file for an additional five years by again completing the requirements of (b) of this section. (d) A work verification form received for an individual will be reviewed by the board only after that individual submits an application for registration as a land surveyor.

History

Authority: AS 08.48.101; AS 08.48.171; AS 08.48.201
Eff. 1/8/98, Register 145; am 5/25/2017, Register 222; am 5/5/2023, Register 246

12 AAC 36.067 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.067. Date of experience. An applicant for registration as an engineer by examination who meets the requirements of 12 AAC 36.063(c)(1), or an applicant for registration as a land surveyor by examination who meets the requirements of 12 AAC 36.065(b) may project up to three months of professional or subprofessional work within the meaning given in 12 AAC 36.990(a) from the time of application to the date of the examination.

History

Authority: AS 08.48.101; AS 08.48.171
Eff. 9/30/78, Register 67; am 11/13/99, Register 152; am 10/22/2023, Register 248

12 AAC 36.068 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.068. Eligibility for landscape architect registration by examination. (a) To be eligible for registration by examination as a landscape architect in the state, an applicant shall submit to the board (1) an application in compliance with 12 AAC 36.010; (2) evidence satisfactory to the board of having successfully completed (A) the appropriate examination requirements set out under 12 AAC 36.100; (B) the cold regions design requirement set out under 12 AAC 36.110; (C) not less than 24 months of responsible charge experience in the field of landscape architecture while under the responsible control of a professional landscape architect registered in the United States; and (D) the number of years of work experience that corresponds with the applicant's education, as set out under the table of education, work experience, and exam requirements for professional landscape architects, which must include the responsible charge experience required under (C) of this paragraph. TABLE OF EDUCATION, WORK EXPERIENCE, AND EXAM REQUIREMENTS FOR PROFESSIONAL LANDSCAPE ARCHITECTS Education Work Experience Exam LAAB or LAAC-accredited degree in landscape architecture2 yearsPass the LARENon LAAB or LAAC-accredited degree in landscape architecture4 yearsPass the LARECertificate in landscape architecture6 yearsPass the LAREPost-secondary degree in a subject other than landscape architecture6 yearsPass the LARENo post-secondary education 8 years Pass the LARE (b) Except as set out under (c) of this section, for an applicant's work experience to be applicable under this section, including towards a requirement under the table of education, work experience, and exam requirements for professional landscape architects, the work experience must be in the field of landscape architecture and gained (1) while under the responsible control of a professional landscape architect registered in the United States or Canada; or (2) as part of a mentoring program that meets the requirements set out under (d) of this section. (c) If an applicant's work experience does not meet the requirements set out under (b) of this section, the applicant may submit to the board verification of professional work, as defined under 12 AAC 36.990(a)(18), or subprofessional work, as defined under 12 AAC 36.990(a)(22). The board may, at its discretion, credit the applicant's professional work or subprofessional work towards the applicable number of years of work experience required under the table of education, work experience, and exam requirements for professional landscape architects. The board will credit professional work or subprofessional work under this subsection based on comparability within the field of landscape architecture, up to a maximum of six years of work experience. (d) For an applicant's work experience gained as part of a mentoring program to be applicable under (b) of this section, an applicant (1) must have completed two years of quarterly face-to-face or videoconference meetings with a mentor; the mentor must be a professional landscape architect registered in the United States or Canada; (2) shall submit to the board a report for each meeting with the mentor; the report for each meeting must include (A) a description of the applicant's work experience and topics reviewed during the meeting; (B) a statement indicating whether the work experience was (i) responsible charge experience; (ii) directly applicable to professional landscape architectural work experience; and (iii) performed according to industry standards; (C) the signature and seal of the professional landscape architect who served as the applicant's mentor; and (D) the date on which the meeting occurred; and (3) shall submit to the board a written statement from the professional landscape architect who served as the mentor recommending the applicant for registration under AS 08.48 and this chapter. (e) An applicant with a degree obtained from outside of the United States shall submit (1) a transcript of the applicant's education or, if the transcript is not in English, a translation of the transcript into English with a signed and notarized affidavit by the translator attesting to the accuracy of the translation; and (2) an evaluation of the applicant's education; the evaluation must be completed by an agency approved by the board, unless the applicant's education was earned at a school accredited by an accreditation agency recognized by the board. (f) Upon submission of evidence of graduation from a LAAB or LAAC-accredited curriculum in landscape architecture, an applicant for examination as a landscape architect may sit for the examination as early as can be scheduled after graduation.

History

Authority: AS 08.48.101; AS 08.48.171; AS 08.48.181
Eff. 11/13/99, Register 152; am 9/11/2004, Register 171; am 8/19/2006, Register 179; am 5/4/2013, Register 206; am 5/5/2023, Register 246; am 4/17/2024, Register 250

12 AAC 36.069 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.069. Standards for registration as a landscape architect. In accordance with AS 08.48.331(b), and except as exempted in AS 08.48.331(a), design or creative work involving any of the following constitutes the practice of an aspect of landscape architecture that affects the public health or safety and thus requires registration as a landscape architect: (1) investigation, selection, and allocation of land and water resources for appropriate uses; (2) formulation of feasibility studies and graphic and written criteria to govern the planning, design, and management of land and water resources; (3) preparation, review, and analysis of land use master plans, subdivision plans, and preliminary plats; (4) determining the location and siting of improvements, including buildings and other features, as well as the access and environs for those improvements; (5) design of land forms and land form elements, storm water drainage, soil conservation and erosion control methods, pedestrian and vehicular circulation systems, and related construction details; (6) consultation, planning, designing, or responsible supervision in connection with the development of land areas for preservation, restoration, remediation, stabilization, and enhancement; (7) design of non-habitable structures for aesthetic and functional purposes, such as pools, walls, and structures for outdoor living spaces, for public and private use; (8) determination of proper land use as it pertains to (A) natural features; (B) ground cover, use, nomenclature, and arrangement of plant material adapted to soils and climate; (C) naturalistic and aesthetic values; (D) settings and approaches to structures and other improvements; and (E) the development of outdoor space in accordance with ideals of human use and enjoyment; (9) design with a priority to ensure equal access to all public goods and services through the use of barrier-free and inclusive design in compliance with 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act); (10) consultation, planning, designing, or responsible supervision relative to natural drainage and the consideration, determination, and solution of inherent problems of the land relating to erosion, wear and tear, blight, or other hazards to include the implementation of low-impact development and green infrastructure designs; (11) design of land forms and land form elements relative to recreation and facilities, parks and playgrounds, and related construction details; (12) consultation, planning, designing, or responsible supervision in connection with urban renewal, multimodal transportation, urban design, and neighborhood planning; (13) consideration of the health, safety, and welfare of the public.

History

Authority: AS 08.48.101; AS 08.48.181; AS 08.48.201 AS 08.48.171; AS 08.48.191; AS 08.48.331
Eff. 7/13/2002, Register 163; am 5/5/2023, Register 246

12 AAC 36.070 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.070. Postponements. Repealed.

History

Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 3/16/96, Register 137; am 10/14/2006, Register 180; repealed 5/5/2023, Register 246

12 AAC 36.075 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.075. Eligibility for structural engineering registration by examination. (a) To be eligible for registration as a structural engineer, an applicant must (1) submit a completed application on a form provided by the department; (2) be currently registered as a professional engineer in this state; (3) have successfully passed the examination required in 12 AAC 36.100(g); (4) have at least two years of structural engineering work experience that must (A) be gained after obtaining a professional engineering license; (B) demonstrate progressive experience, knowledge, and project responsibilities relating to the design of structural systems; (C) be obtained under the responsible charge of (i) a registered professional structural engineer; (ii) a registered professional engineer practicing structural design to the standard of a professional structural engineer in a jurisdiction without separate licensure requirements for structural engineers; or (iii) a mentoring registered professional structural engineer engaged with the applicant through a mentoring program; (D) include practical design experience in one or more of the following areas: (i) buildings or structures of at least 45 feet, or two stories, in height, located in a region of moderate or high seismic risk; (ii) seismic rehabilitation or retrofitting of an existing building or structure located in a region of moderate or high seismic risk; or (iii) structural design of any other structure of comparable structural complexity as set out in (i) or (ii) of this subparagraph; and (5) submit evidence to the board's satisfaction that the applicant's experience meets the requirements as set out in (4) of this subsection. (b) to be eligible for the structural engineering examination required in 12 AAC 36.100(g), an applicant must be currently registered as a professional engineer in this state.

History

Authority: AS 08.48.101; AS 08.48.171; AS 08.48.181
Eff. 10/22/2023, Register 248

12 AAC 36.080 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.080. Authorization to take examination. Notification of the applicant's authorization to take the examination will be made at least 30 days before the examination.

History

Authority: AS 08.48.101
Eff. 5/23/74, Register 50; am 9/30/78, Register 67

12 AAC 36.090 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.090. Waiver of fundamentals of engineering examination. (a) An applicant for registration as a professional engineer by examination or comity who has not passed the fundamentals of engineering examination need not take that examination if satisfactory evidence, as verified by registered engineers, is submitted to the board documenting that applicant has at least 20 years of professional engineering experience. (b) An applicant for registration as a professional engineer by examination or comity who is currently registered as a professional engineer in a province or territory of Canada is not required to demonstrate having passed the fundamentals of engineering examination.

History

Authority: AS 08.48.101; AS 08.48.181 AS 08.48.171; AS 08.48.191
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 11/13/99, Register 152; am 2/28/2009, Register 189

12 AAC 36.100 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.100. Required examinations. (a) An applicant for registration must pass the appropriate examinations designated in this section. (b) Unless an applicant is registered by comity under AS 08.48.191(a), an applicant for architect registration must pass the NCARB Architect Registration Examination (ARE). (c) An applicant for registration as an engineer must pass the NCEES Principles and Practices of Engineering Examination for the branch of engineering for which the applicant has applied. This subsection applies to an applicant for registration by examination and to an applicant for registration by comity. (d) An applicant for registration as a land surveyor must pass the professional land surveyor examination, that includes (1) the NCEES Principles and Practices of Surveying; (2) a state examination covering laws, procedures, and practices concerning land surveying in this state; and (3) the NCEES Fundamentals of Surveying. (e) Unless an applicant is registered by comity under AS 08.48.191(d), an applicant for registration as a landscape architect must pass the CLARB Landscape Architectural Registration Examination (LARE). The administration and grading of the examination must have been conducted in accordance with CLARB's standards in effect at the time of examination. In place of passing the CLARB registration examination, a candidate for registration must satisfy one of the following: (1) successful completion before 1970 of a written examination in landscape architecture prepared by a CLARB member and ten years of experience in landscape architecture after licensure; (2) successful completion between January 1, 1970 and December 31, 1975 of a written examination prepared by a CLARB member; (3) successful completion of the British Columbia Society of Landscape Architects' written examination, five years of experience in landscape architecture after licensure and satisfaction of the education and experience requirements; (4) successful completion of the California P.E.L.A., satisfaction of the licensure, education, and experience requirements, as well as successful completion of LARE, sections D and E, or the CLARB Reciprocity Validation Examination; (5) for an applicant initially licensed in British Columbia or Ontario without successfully completing the LARE, satisfaction of the following: (A) ten years of experience in landscape architecture, at least seven years of which must occur after licensure; (B) successful completion of the CLARB Reciprocity Validation Examination. (f) In addition to meeting the applicable requirements of this section, an applicant for registration by examination, except an applicant for registration as a land surveyor, must pass the state written jurisprudence examination covering the applicable provisions of AS 08.48 and this chapter. The applicant must obtain a passing score of at least 90 percent on the examination. The examination is an open-book examination. The department will mail the examination and study materials to the applicant. Within 30 days after mailing, the applicant must return the completed examination to the department. If the applicant returns the completed examination by mail, the department will consider the postmark date to be the return date. (g) An applicant for registration as a structural engineer must pass the NCEES Principles and Practices of Engineering Structural Examination unless applying for registration by comity under 12 AAC 36.108.

History

Authority: AS 08.48.101; AS 08.48.181 AS 08.48.171; AS 08.48.191
Eff. 5/23/74, Register 50; am 6/3/89, Register 110; am 10/20/90, Register 116; am 3/16/96, Register 137; am 11/13/99, Register 152; am 8/19/2006, Register 179; am 7/12/2008, Register 187; am 7/19/2009, Register 191; am 5/5/2023, Register 246; am 10/22/2023, Register 248

12 AAC 36.103 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.103. Architect registration by comity. (a) Under AS 08.48.191(a), the board, the executive administrator of the board, or the board's designee may issue a certificate of registration as an architect to an applicant who (1) documents education and passage of the NCARB Architect Registration Examination; (2) documents work experience that satisfies the requirements of this section; (3) has completed the cold regions design requirements of 12 AAC 36.110; and (4) has completed a jurisprudence questionnaire prepared by the board covering the provisions of AS 08.48 and this chapter. (b) An applicant for a certificate of registration as an architect by comity must submit (1) an application for registration by comity in compliance with 12 AAC 36.010, including the applicable fees established in 12 AAC 02.110; and (2) verification of a current registration to practice architecture in a state, territory, or possession of the United States, the District of Columbia, or a foreign country that is based on education, experience, and examination requirements that the board determines were at least equivalent to the requirements of AS 08.48 and this chapter at the time the applicant's out-of-state registration was issued; (3) repealed 3/28/2019. (c) An applicant for a certificate of registration as an architect by comity under this section must submit a council record issued by NCARB to verify the applicant's qualifications, including (1) examination results; (2) education; (3) experience; and (4) registration in another licensing jurisdiction. (d) If an architect who provides a reference letter under (e) of this section does not possess a seal, the architect must provide an explanation to the board (1) providing that architect's registration number; and (2) certifying that the registration of that architect is current. (e) Notwithstanding (c) of this section, an applicant who received an initial certificate of registration as an architect on or before July 13, 2011 may submit two letters of reference verifying the applicant's experience as a registered architect for five years or more in a state, territory, or possession of the United States, the District of Columbia, or a foreign country instead of the NCARB council record. Each letter must be signed and sealed by an architect who is legally registered as a professional architect in a state, territory, or possession of the United States, the District of Columbia, or a foreign country. (f) An application that does not clearly demonstrate the qualifications for issuance of a certificate of registration under (a) of this section must be reviewed and approved by the board.

History

Authority: AS 08.48.101; AS 08.48.171; AS 08.48.191
Eff. 6/3/89, Register 110; am 1/1/90, Register 116; am 3/16/96, Register 137; am 7/26/97, Register 143; am 11/13/99, Register 152; am 6/13/2003, Register 166; am 7/12/2008, Register 187; am 7/25/2008, Register 187; am 3/11/2012, Register 201; am 3/28/2019, Register 229; am 5/5/2023, Register 246; am 4/18/2024, Register 250

12 AAC 36.104 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.104. Structural engineer registration by comity. (a) An applicant for registration as a structural engineer by comity must (1) submit verification of current registration to practice structural engineering in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, that is based upon education, experience, and examination requirements that, in the opinion of the board, are at least equivalent to the requirements as set out in AS 08.48 and this chapter at the time the applicant's registration was issued in the other jurisdiction; (2) have passed one of the following structural engineering examinations: (A) the NCEES PE Structural Examination; (B) the NCEES Structural Engineering II and Washington or California Structural III examinations; (C) the NCEES Structural Engineering I and NCEES Structural Engineering II; or (D) the Western States 16-hour Structural Examination; (3) have completed the cold regions design requirements of 12 AAC 36.110; (4) have completed a jurisprudence questionnaire prepared by the board, covering the provisions of AS 08.01 - 08.03, 12 AAC 02, AS 08.48 and this chapter; (5) meet the requirements for a professional engineering registration set out in 12 AAC 36.063(a)(3) plus an additional two years of experience working under the supervision of a registered professional engineer practicing structural engineering; and (6) submit evidence of work experience by means of (A) a letter bearing the signature and seal of the engineer responsible for the supervision of the applicant, verifying that applicant has been practicing structural engineering for two years; or (B) two current letters of reference bearing the signatures and seals of professional engineers who meet the requirements of (b)(1) or (2) of this section, verifying that applicant has been practicing structural engineering as a registered professional engineer for at least five years before submitting an application under this section. (b) Evidence of work experience and letters of references required under (a)(6)(A) and (B) of this section must be provided by (1) a registered professional structural engineer in a state, territory, or possession of the United States, the District of Columbia, or a foreign country; or (2) a registered professional engineer practicing structural design to the standard of a professional structural engineer. (c) If the letter provided by an engineer to meet the requirements of (a)(6)(A) or (B) of this section does not possess a seal, the engineer must provide an explanation to the board, providing the engineer's registration number and certifying that the registration of that engineer is current. (d) An applicant for registration as a structural engineer by comity may submit a council record issued by NCEES to verify the applicant's qualifications, including (1) the applicant's examination results; (2) records of the applicant's education; and (3) verification of the applicant's registration in another licensing jurisdiction.

History

Authority: AS 08.48.101; AS 08.48.201
Eff. 10/22/2023, Register 248

12 AAC 36.105 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.105. Engineer registration by comity. (a) Under AS 08.48.191(b), the board, the executive administrator of the board, or the board's designee may issue an engineering certificate of registration to an applicant who (1) documents education and passage of examinations that meet the requirements of (b) or (h) of this section; (2) documents work experience that satisfies the requirements of (c) of this section; (3) has completed the cold regions design requirements of 12 AAC 36.110; and (4) has completed a jurisprudence questionnaire prepared by the board, covering the provisions of AS 08.48 and this chapter. (b) An applicant for engineering registration by comity must (1) submit verification of current registration to practice engineering in a state, territory, or possession of the United States, the District of Columbia, or a foreign country that was based upon education, experience, and examination requirements that, in the opinion of the board, were at least equivalent to the requirements of AS 08.48 and this chapter at the time the applicant's out-of-state registration was issued or at least equivalent to the requirements under (h) of this section; the applicant must have passed an NCEES engineering examination in the same branch of engineering that is being applied for, as required by 12 AAC 36. 00(c); and (2) have passed the fundamentals of engineering examination or had this requirement waived under 12 AAC 36.090. (c) An applicant for engineering registration by comity must (1) have at least 24 months of responsible charge experience in the branch of professional engineering listed in 12 AAC 36.990(17) for which the applicant has applied, as verified by the signature and seal, except as provided in (g) of this section, of the engineer who has supervised the applicant and who was, at the time of providing the supervision, (A) legally registered as a professional engineer in a state, territory, or possession of the United States, the District of Columbia, or a foreign country; and (B) either (i) registered as a professional engineer in that branch of engineering or a related branch of engineering approved by the board; or (ii) practicing in the branch for which the applicant has applied, if the licensing jurisdiction where the supervising engineer was registered as a professional engineer does not register engineers in specific branches of engineering; or (2) if the applicant has been practicing engineering as a registered engineer for five years or more in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, provide two current letters of reference verifying that experience; each letter must be signed and sealed, except as provided in (g) of this section, by an engineer who is (A) legally registered as a professional engineer in a state, territory, or possession of the United States, the District of Columbia, or a foreign country; and (B) practicing the specific branch of engineering for which the applicant has applied or a related branch of engineering approved by the board. (d) Repealed 7/19/2009. (e) An applicant for engineering registration by comity may submit a council record issued by NCEES to verify the applicant's qualifications, including (1) examination results; (2) education; and (3) registration in another licensing jurisdiction. (f) Repealed 7/19/2009. (g) If an engineer who provides a work experience verification under (c)(1) of this section or a reference letter under (c)(2) of this section does not possess a seal, the engineer must provide an explanation to the board, (1) providing that engineer's registration number and branch of engineering; and (2) if that engineer is providing a reference letter, certifying that the registration of that engineer is current. (h) An applicant who has passed the NCEES Structural Engineering I Examination, NCEES Structural Engineering II Examination, or the NCEES PE Structural Examination may be granted a civil engineering registration. (i) An application that does not clearly demonstrate the qualifications for issuance of a certificate of registration under (a) of this section must be reviewed and approved by the board.

History

Authority: AS 08.48.101; AS 08.48.181 AS 08.48.171; AS 08.48.191
Eff. 9/30/78, Register 67; am 8/13/87, Register 103; am 6/3/89, Register 110; am 10/20/90, Register 116; am 3/16/96, Register 137; am 7/26/97, Register 143; am 8/26/98, Register 147; am 11/13/99, Register 152; am 3/9/2001, Register 157; am 6/11/2005, Register 174; am 7/25/2008, Register 187; am 7/19/2009, Register 191; am 5/25/2017, Register 222; am 3/28/2019, Register 229; am 5/5/2023, Register 246; am 10/22/2023, Register 248; am 4/18/2024, Register 250

12 AAC 36.106 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.106. Registration in additional branches of engineering. Repealed.

History

Eff. 3/11/2012, Register 201; repealed 5/5/2023, Register 246

12 AAC 36.107 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.107. Land surveyor registration by comity. (a) Under AS 08.48.191(c), the board may issue a land surveyor registration to an applicant who (1) documents education, experience, and passage of examinations that meet the requirements of (b) of this section; (2) documents work experience that satisfies the requirements of (c) of this section; and (3) has passed the examination identified in 12 AAC 36.100(d). (b) An applicant for land surveyor registration by comity must submit verification of current registration to practice land surveying in another licensing jurisdiction which was based upon education, experience, and examination requirements that, in the opinion of the board, were at least comparable to the requirements of AS 08.48 and this chapter at the time the applicant's out-of-state registration was issued. (c) An applicant for land surveyor registration by comity (1) must have at least 36 months of responsible charge experience verified by a registered land surveyor who has supervised the applicant; or (2) must, if the applicant is registered and has been practicing land surveying for five years or more, provide two current letters of reference from registered land surveyors.

History

Authority: AS 08.48.101; AS 08.48.181 AS 08.48.171; AS 08.48.191
Eff. 6/3/89, Register 110; am 10/20/90, Register 116; am 3/16/96, Register 137; am 5/5/2023, Register 246; am 10/22/2023, Register 248

12 AAC 36.108 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.108. Application for registration as a structural engineer. Repealed.

History

Eff. 9/9/16, Register 219; repealed 5/5/2023, Register 246

12 AAC 36.109 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.109. Landscape architect registration by comity. (a) Under AS 08.48.191(d), the board, the executive administrator of the board, or the board's designee may issue a landscape architecture certificate of registration to an applicant who (1) documents education and passage of examinations that meet the requirements of (b) of this section; (2) documents work experience that satisfies the requirements of (c) of this section; (3) completes the cold regions design requirements of 12 AAC 36.110; and (4) completes a jurisprudence questionnaire prepared by the board, covering the provisions of AS 08.48 and this chapter. (b) An applicant for a certificate of registration as a landscape architect by comity must submit (1) an application for registration by comity in compliance with 12 AAC 36.010, including the applicable fees established in 12 AAC 02.110; (2) verification of a current registration to practice landscape architecture in a state, territory, or possession of the United States, the District of Columbia, or a foreign country that is based on education, experience, and examination requirements that the board determines were substantively equivalent to the requirements of AS 08.48 and this chapter at the time the applicant's out-of-state registration was issued; and (3) either (A) verification of not less than 24 months of responsible charge experience as a landscape architect, as defined under AS 08.48.341, or as verified by the signature and seal, except as provided in (c) of this section, by the landscape architect who supervised the applicant and who at the time of providing supervision, was legally registered as a professional landscape architect in a state, territory, or possession of the United States, or a foreign country; or (B) if the applicant has been practicing landscape architecture for five years or more in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, two letters of reference verifying that experience; each letter must be signed and sealed, except as provided in (c) of this section, by a landscape architect who is legally registered in a state, territory, or possession of the United States, territory, the District of Columbia, or a foreign country. (c) An applicant for a certificate of registration as a landscape architect by comity under this section may submit a council record issued by CLARB to verify the applicant's (1) examination results; (2) education; and (3) registration in another licensing jurisdiction. (d) If a landscape architect who provides work experience verification under (b)(2) of this section or reference letters under (b)(3) of this section does not possess a seal, the landscape architect must provide an explanation to the board (1) providing that landscape architect's registration number; and (2) for a landscape architect providing reference letters, providing certification that the registration of that landscape architect is current. (e) An application that does not clearly demonstrate the qualifications for issuance of a certificate of registration under (a) of this section must be reviewed and approved by the board.

History

Authority: AS 08.48.101; AS 08.48.181 AS 08.48.171; AS 08.48.191
Eff. 11/13/99, Register 152; am 7/25/2008, Register 187; am 5/5/2023, Register 246; am 4/18/2024, Register 250

12 AAC 36.110 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.110. Cold regions design requirement. (a) An applicant for registration as an architect, engineer, or landscape architect must have successfully completed a board-approved university-level course in cold regions design or its equivalent. (b) Repealed 3/28/2019.

History

Authority: AS 08.48.101; AS 08.48.181 AS 08.48.171; AS 08.48.191
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 8/13/87, Register 103; am 11/13/99, Register 152; am 3/28/2019, Register 229; am 5/5/2023, Register 246

12 AAC 36.111 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.111. Practice of land surveying. Repealed.

History

Eff. 8/19/2006, Register 179; repealed 8/30/2007, Register 183

12 AAC 36.112 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.112. Temporary military courtesy certificate of registration. (a) The board will issue a temporary military courtesy certificate of registration to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as an architect, engineer, land surveyor, or landscape architect who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application. (b) An applicant for a temporary military courtesy certificate of registration under this section (1) must submit an application on a form provided by the department; (2) must submit the documentation required under (c) of this section; (3) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105; (4) must submit a copy of (A) the applicant's current active duty military orders showing assignment to a duty station in this state; or (B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state; (5) must submit verification of a current license or registration to practice architecture, engineering, land surveying, or landscape architecture in a licensing or registering jurisdiction of the United States that is not suspended, revoked, or otherwise restricted; and (6) may not have been convicted of a crime that affects the applicant's ability to practice architecture, engineering, land surveying, or landscape architecture competently and safely, as determined by the board. (c) The executive administrator or the executive administrator's designee shall issue a temporary military courtesy certificate of registration under AS 08.01.063 (1) to practice architecture to an applicant who (A) submits a council record issued by NCARB verifying the applicant's qualifications, including (i) examination results; (ii) education; (iii) experience; and (iv) licensure or registration in another licensing or registering jurisdiction; and (B) has completed the cold regions design requirements required under 12 AAC 36.110; (2) to practice engineering to an applicant who (A) submits an NCEES council record with a Model Law Engineer or Model Law Structural Engineer designation verifying the applicant's qualifications, including (i) examination results that meet the requirements of 12 AAC 36.105(b)(l); (ii) education; (iii) experience; (iv) licensure or registration in another licensing or registering jurisdiction; and (B) has completed the cold regions design requirements required under 12 AAC 36.110; (3) to practice land surveying to an applicant who (A) submits a council record issued by NCEES verifying the applicant's qualifications, including (i) examination results that meet the requirements of 12 AAC 36.107(b); (ii) education that meets the requirements of 12 AAC 36.107(b); (iii) experience that meets the requirements of 12 AAC 36.107(c); and (iv) licensure or registration in another licensing or registering jurisdiction; and (B) has passed the state land surveyor examination identified in 12 AAC 36.100(d)(3); (4) to practice landscape architecture to an applicant who (A) submits a council record issued by CLARB verifying the applicant's qualifications, including (i) examination results; (ii) education; (iii) experience; and (iv) licensure or registration in another licensing or registering jurisdiction; and (B) has completed the cold regions design requirements required under 12 AAC 36.110. (d) A temporary military courtesy certificate of registration issued to an active duty military member or spouse of an active duty military member under this section will be issued for a period of 180 days and may be renewed for one additional 180-day period, at the discretion of the board. (e) While practicing under a temporary military courtesy certificate of registration issued under this section, the holder of the temporary military courtesy certificate of registration must comply with the standards of practice set out in AS 08.48 and this chapter. (f) The board may refuse to issue a temporary military courtesy certificate of registration for the same reasons that it may deny, suspend, or revoke a certificate of registration under AS 08.48.111.

History

Authority: AS 08.01.062; AS 08.48.101; AS 08.48.171 AS 08.01.063; AS 08.48.111; AS 08.48.191
Eff. 1/29/2023, Register 245; am 4/18/2024, Register 250

12 AAC 36.115 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.115. Retired status registration. (a) An individual holding a retired status registration under AS 08.48.215 may use the title "architect", "engineer", "land surveyor", or "landscape architect", as appropriate, but may not indicate that the individual is practicing or soliciting to practice architecture, engineering, land surveying, or landscape architecture in the state. (b) The board will issue an active certificate of registration to an individual who holds a retired status registration if the applicant (1) submits a completed application for reactivation on a form provided by the department; (2) pays the biennial registration renewal fees established in 12 AAC 02.110; (3) seeking an active certificate of registration as a professional architect, engineer, land surveyor, or landscape architect meets, at the time that application is made, the continuing education requirements applicable under 12 AAC 36.510 - 12 AAC 36.550; and (4) meets the requirements of 12 AAC 36.165(b), if the individual has held a retired status registration for more than five years.

History

Authority: AS 08.48.101; AS 08.48.215
Eff. 7/26/97, Register 143; am 11/13/99, Register 152; am 3/9/2001, Register 157; am 8/19/2006, Register 179; am 7/12/2008, Register 187; am 7/13/2011, Register 199; am 5/5/2023, Register 246

12 AAC 36.120 State Board of Registration for Architects, Engineers, and Land Surveyors

Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 8/13/87, Register 103; am 3/16/96, Register 137; repealed 4/18/2024, Register 250

12 AAC 36.165 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.165. Expired certificates. (a) A certificate of registration of corporate, limited liability company, limited liability partnership, or limited partnership authorization that is not renewed for a period of five years expires at the end of that period. (b) An expired certificate of registration may be reinstated by (1) applying for reinstatement on a form provided by the department, paying the appropriate fee in 12 AAC 02.110, and providing verification of having passed an examination that (A) meets the applicable requirements of 12 AAC 36.100; (B) the applicant for registration of an expired engineer certificate took to qualify for registration in this state before April 1967; or (C) the applicant took to qualify for registration in another licensing jurisdiction; or (2) reapplying to the board for registration by comity as required by 12 AAC 36.103 - 12 AAC 36.109 and paying the appropriate fee. (c) An expired certificate of corporate, limited liability company, limited liability partnership, or limited partnership authorization may not be reinstated. A corporation, limited liability company, limited liability partnership, or limited partnership whose certificate of corporate, limited liability company, limited liability partnership, or limited partnership authorization has expired must apply for a new certificate of corporate, limited liability company, limited liability partnership, or limited partnership authorization under AS 08.48.241. (d) Repealed 1/20/2002. (e) An applicant for reinstatement of an expired certificate of registration shall meet the requirements of 12 AAC 36.110(a) unless the applicant was originally registered in the state based on an acceptable treatise. (f) Notwithstanding (b) of this section, the board may require an applicant for reinstatement who has been sanctioned for any of the conduct described in 12 AAC 36.320 in the ten years preceding the application for reinstatement to be re-examined under 12 AAC 36.100.

History

Authority: AS 08.01.100; AS 08.48.231 AS 08.48.101; AS 08.48.241
Eff. 5/30/82, Register 82; am 3/16/96, Register 137; am 11/13/99, Register 152; am 3/9/2001, Register 157; am 1/20/2002, Register 161; am 4/18/2024, Register 250

12 AAC 36.170 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.170. Fees. All fees under AS 08.48 and this chapter, including application, examination, registration, renewal, late renewal penalty, and continuing education extension period fees are established in 12 AAC 02.105 and 12 AAC 02.110.

History

Authority: AS 08.01.065; AS 08.48.101 AS 08.01.100; AS 08.48.265
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 5/30/82, Register 82; am 6/29/84, Register 90; am 8/13/87, Register 103; am 10/31/2019, Register 232

12 AAC 36.180 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.180. Seal. (a) The seal authorized for use by a professional architect, landscape architect, land surveyor, or structural engineer must be of the following design that corresponds to the individual's profession or a substantially similar electronic or digital representation of that design; the license number noted on the seal must be only the numeric characters of the registrant's license number and exclude alpha characters: Click to view (b) The seal authorized for use by professional engineers must be of the following design or a substantially similar electronic or digital representation of the design: Click to view The seal must reflect the branch of engineering two-character identifier (XX) authorized by the board; this identifier shall be placed before the registrant's license number as shown in the examples; the license number noted must be only the numeric characters of the registrant's license number and exclude alpha characters. Branch of Engineering Identifier AG - Agricultural engineerIN - Industrial engineerEC - Chemical engineerME - Mechanical engineerCE - Civil engineerMM - Metallurgical and Materials engineerCS - Control systems engineerEM - Mining and Mineral Processing engineerEE - Electrical engineerNM - Naval architecture and Marine engineerEV - Environmental engineerNU -Nuclear engineerFP - Fire protection engineerEP - Petroleum engineer (c) The seal authorized for use by professional land surveyors is of the following design or a substantially similar electronic or digital representation of the design: Click to view (d) The seal authorized for use by professional landscape architects is of the following design or a substantially similar electronic or digital representation of the design: Click to view (e) The seal authorized for use by structural engineers is of the following design or a substantially similar electronic or digital representation of the design: Click to view The seal must reflect the branch identification authorized by the board. This identification is to be placed below the registrant's name and preceding the registrant's number on the seal.

History

Authority: AS 08.48.101; AS 08.48.221
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 10/20/90, Register 116; am 11/13/99, Register 152; am 1/20/2002, Register 161; am 3/11/2012, Register 201; am 9/9/2016, Register 219; am 5/5/2023, Register 246

12 AAC 36.185 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.185. Use of seals. (a) A registrant may (1) not sign or seal a drawing or document dealing with professional services in which the registrant is not qualified to sign or seal by virtue of education, experience, and registration; (2) approve and seal only design documents and surveys that are safe for public health, property, and welfare in conformity with accepted architecture, engineering, land surveying, and landscape architecture standards in Alaska; (3) seal only final drawings, surveys, reports, and required construction documents for which the registrant is qualified to seal and for which the registrant claims responsibility; (4) not knowingly allow the use of his or her seal by another person on a document that the registrant has neither prepared nor reviewed personally; (5) not use the seal or a reproduction of the seal of another registrant on a document, regardless of the intended use of the document; (6) not sign a name other than his or her own name over a seal, and may not forge the signature of the individual to whom the seal was issued by the board; and (7) not sign or seal drawings, documents, or other professional work for which the registrant does not have direct professional knowledge and direct supervisory control. (b) If portions of drawings, documents, or other professional work are prepared by other registered professionals, a registrant may seal only that portion of the work for which the registrant has direct professional knowledge and direct supervisory control. (c) Repealed 10/31/2019. (d) The registrant shall include the date each time the registrant signs and seals a document by electronically or manually inserting the date within the seal or within two inches of the seal. (e) The registrant, by sealing final drawings, takes responsibility for related discipline specifications included in the final drawings, unless under AS 08.48.221 the registrant certifies on the face of the document the extent of the registrant's responsibility. (f) A registrant shall validate the seal on a document that has either (1) an original handwritten signature over each seal; or (2) an electronic image of the original handwritten signature and a digital signature, both of which must be affixed to the document and meet the following requirements: (A) the electronic image must be permanently affixed to each seal on the document directly over the seal of the registrant; (B) the digital signature must be (i) unique to the registrant using it; (ii) capable of verification; (iii) under the exclusive control of the registrant using it; and (iv) linked to a document in such a manner that the digital signature is invalidated if the document is changed. (g) The registrant shall include on all documents that are required to be signed and sealed (1) its business name, physical address, and telephone number; (2) the project name or identification; (3) the project address or location; and (4) the certificate of authorization number issued to the corporation, limited liability company, limited liability partnership, or limited partnership to practice architecture, engineering, land surveying, or landscape architecture, if applicable. (h) On documents where multiple entities that are authorized to practice architecture, engineering, land surveying, or landscape architecture are indicated, the registrant shall clearly identify the sole proprietor, partnership, corporation, limited liability company, limited liability partnership, limited partnership, or other authorized entity responsible for the work. (i) Drawings, engineering surveys, reports, and construction documents regarding the structural systems of a significant structure must be sealed by a registered structural engineer. (j) The registrant or the owner of sealed documents shall retain them and keep them accessible for later reference.

History

Authority: AS 08.48.101; AS 08.48.111; AS 08.48.221
Eff. 5/30/82, Register 82; am 8/29/87, Register 103; am 11/13/99, Register 152; am 6/13/2003, Register 166; am 6/11/2005, Register 174; am 7/13/2011, Register 199; am 6/18/2016, Register 218; am 9/9/2016, Register 219; am 10/31/2019, Register 232; am 4/18/2024, Register 250

12 AAC 36.190 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.190. Testing laboratory reports. Reports issued by testing laboratories shall be prepared by or under the supervision of a registered engineer and signed or sealed by him whenever such reports go beyond the tabulation of test data (compositions of material, breaking stress, etc.) by (1) interpreting the data to draw conclusions as to the characteristics of a civil engineering structure or parts of one; (2) expressing engineering judgment in the form of recommendations derived from the results of the test; or (3) performing design work in the preparation of plans, specifications and other instruments requiring registration as an engineer.

History

Authority: AS 08.48.101
Eff. 5/23/74, Register 50

12 AAC 36.195 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.195. Site adaptation and field alterations of sealed documents. Except as specified in this section, a person may not alter, or contribute to the altering of, any document that has been sealed by a registrant authorized under AS 08.48. A registrant may site adapt or field alter in this state sealed documents prepared by another registrant of the same discipline if the registrant (1) has written permission (A) to adapt or alter the sealed documents from the registrant who sealed the original sealed documents; or (B) from the legal owner of the original sealed documents; the legal owner of the original sealed documents must have written proof of ownership of the sealed documents from the registrant who sealed the documents; (2) reviews the sealed documents and makes all necessary revisions to bring the sealed documents into compliance with applicable codes, regulations, and job-specific requirements; (3) affixes to the calculations of the (A) site adapted documents a sealed certification, "I certify that I have reviewed the relevant calculations for the site adapted documents in accordance with 12 AAC 36.185", or the registrant shall independently prepare and seal all calculations for site adapted documents; or (B) field altered documents a sealed certification, "I certify that I have reviewed the relevant calculations for field altered documents in accordance with 12 AAC 36.185 and that the alterations will have no significant effect on other design considerations of the originally sealed documents", or the registrant shall independently prepare and seal all additional calculations for field adapted documents; (4) reissues the sealed documents after review with the title block and seal of the registrant performing the site adaptation, or in the case of field altered documents have provided additional sealed drawings with the title block and seal of the registrant performing the work; and (5) maintains professional control over the use of the site-adapted or field altered sealed documents as if they were any other original sealed documents of the registrant and maintains the sealed documents on file.

History

Authority: AS 08.48.101; AS 08.48.221
Eff. 1/8/98, Register 145; am 11/13/99, Register 152; am 1/30/2003, Register 165; am 2/28/2009, Register 189

Authority: AS 08.48.101(a)AS 08.48.111
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 8/29/87, Register 103

12 AAC 36.225 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.225. Public service. Repealed 8/29/87.

12 AAC 36.230 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.230. Solicitation of employment. (a) A registrant may not pay, solicit, nor offer, directly or indirectly, a bribe or commission for professional employment, except for payment of the usual commission for securing salaried position through a licensed employment agency. (b) Deleted 11/18/83. (c) A registrant may not falsify or permit misrepresentation of his or her associates' academic or professional qualifications. A registrant may not misrepresent or exaggerate his or her degree of responsibility in or for the subject matter of prior assignments. A registrant shall accurately represent his or her qualifications as required by 12 AAC 36.245(2). (d) Brochures or other presentations incident to a registrant's solicitation of employment may not, with the intent and purpose of enhancing the registrant's qualifications and work, misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or the registrant's past accomplishments.

History

Authority: AS 08.48.101(a)AS 08.48.111
Eff. 5/23/74, Register 50; am 8/29/87, Register 103

12 AAC 36.232 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.232. Offer to practice. For the purposes of AS 08.48.281, 08.48.291, 08.48.295, and 08.48.321, an "offer to practice" architecture, engineering, land surveying, or landscape architecture includes (1) a response to a request for proposals (RFP) that contains information that could be used to qualify as a potential provider of services; (2) a proposal in which a monetary value is suggested as the acceptable payment for services offered; or (3) an acceptance of employment for the purpose of providing service or work described in the "practice of architecture", "practice of engineering", "practice of land surveying", or "practice of landscape architecture" in AS 08.48.341.

History

Authority: AS 08.48.101; AS 08.48.281; AS 08.48.295 AS 08.48.111; AS 08.48.291; AS 08.48.321
Eff. 8/29/87, Register 103; am 3/16/96, Register 137; am 7/26/97, Register 143; am 11/13/99, Register 152

12 AAC 36.235 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.235. Advertising. A registrant may not advertise his or her services in a deceptive or untruthful manner.

History

Authority: AS 08.48.101(a)AS 08.48.111
Eff. 9/30/78, Register 67; am 5/30/82, Register 82; am 8/29/87, Register 103

12 AAC 36.240 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.240. Improper conduct. Repealed 8/29/87.

12 AAC 36.245 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.245. Full disclosure. A registrant (1) may not issue a statement, criticism, or argument on professional matters connected with the public interest which are inspired or paid for by an interested party, unless the registrant has prefaced the comment by disclosing the identity of the party and the existence of any pecuniary interest; (2) shall accurately represent to a prospective or existing client or employer his or her qualifications and scope of responsibility in connection with work for which the registrant is claiming credit; and (3) may not solicit or accept a professional contract from a governmental body on which a principal or officer of the registrant's organization serves as a member, except upon public disclosure of all pertinent facts and circumstances, consent of appropriate public authority, and compliance with all other applicable laws.

History

Authority: AS 08.48.101(a)AS 08.48.111
Eff. 8/29/87, Register 103

12 AAC 36.250 State Board of Registration for Architects, Engineers, and Land Surveyors

12 AAC 36.250. Standards of practice for land surveyors. A person who holds a current certificate of registration as a land surveyor shall at a minimum perform work that meets the Alaska Society of Professional Land Surveyors, ASPLS Standards of Practice Manual - 2013 Chapter 2, adopted by reference.

History

Authority: AS 08.48.101; AS 08.48.341
Eff. 11/13/2014, Register 212

Authority: AS 08.48.101; AS 08.48.111
Eff. 8/29/87, Register 103

Eff. 8/19/2006, Register 179; am 7/12/2008, Register 187; repealed 7/13/2011, Register 199

Authority: AS 08.48.101; AS 08.48.341
Eff. 10/18/2007, Register 184; am 7/12/2008, Register 187; am 7/13/2011, Register 199; am 10/15/2023, Register 248

Authority: AS 08.48.101; AS 08.48.181; AS 08.48.331 AS 08.48.171; AS 08.48.191
Eff. 5/23/74, Register 50; am 9/30/78, Register 67; am 6/29/84, Register 90; am 8/29/87, Register 103; am 10/20/90, Register 116; am 3/16/96, Register 137; am 7/26/97, Register 143; am 8/26/98, Register 147; am 11/13/99, Register 152; am 3/9/2001, Register 157; am 1/26/2012, Register 201; am 3/11/2012, Register 201; am 10/4/2015, Register 216; am 9/9/2016, Register 219; am 5/25/2017, Register 222; am 5/5/2023, Register 246; am 10/22/2023, Register 248; am 4/17/2024, Register 250

Chapter 38 (Deleted and Repealed)

12 AAC 38.400 Application for guide-outfitter license

Deleted.

History

Eff. 8/7/90, Register 115; am 8/22/92, Register 123; deleted as of Register 138, July 1996

12 AAC 38.410 Guide-outfitter examinations

Deleted.

History

Eff. 8/7/90, Register 115; am 8/22/92, Register 123; deleted as of Register 138, July 1996

12 AAC 38.415 Application for Class-A assistant guide-outfitter license

Deleted.

History

Eff. 8/7/90, Register 115; am 8/22/92, Register 123; deleted as of Register 138, July 1996

12 AAC 38.420 Assistant guide-outfitter examination

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.430 Application for assistant guide-outfitter license

Deleted.

History

Eff. 8/22/92, Register 123; deleted as of Register 138, July 1996

12 AAC 38.500 Game management unit certification; designation of marine mammal guide-outfitting unit

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.510 Hunt record

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.530 Base camp registration

Deleted.

History

Eff. 8/22/92, Register 123; deleted as of Register 138, July 1996

12 AAC 38.540 Guide-outfitter acting as an assistant or Class-A assistant guide-outfitter

Deleted.

History

Eff. 8/22/92, Register 123; deleted as of Register 138, July 1996

12 AAC 38.600 Responsibility to the client

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.610 Bases of operation in Southeast Alaska

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.620 Taking of game by guide-outfitter

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.630 Transporting meat

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.640 Supervision

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.650 Guide-outfitting ethics

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.700 Definitions related to transporters

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.710 Transporter decal

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.800 Purpose of guide-outfitter use areas

Deleted.

History

Eff. 2/25/93, Register 125; deleted as of Register 138, July 1996

12 AAC 38.810 Establishment of guide-outfitter use areas

Deleted.

History

Eff. 2/25/93, Register 125; deleted as of Register 138, July 1996

12 AAC 38.815 Guide-outfitter use area maps

Deleted.

History

Eff. 2/25/93, Register 125; am 2/2/95, Register 133; deleted as of Register 138, July 1996

12 AAC 38.820 Guide-outfitter use area registration

Deleted.

History

Eff. 2/25/93, Register 125; am 3/30/94, Register 129; am 4/13/94, Register 130; am 12/18/94, Register 132; am 3/20/95, Register 134; deleted as of Register 138, July 1996

12 AAC 38.830 Operations plan

Deleted.

History

Eff. 2/25/93, Register 125; deleted as of Register 138, July 1996

12 AAC 38.850 Documentation of compliance

Deleted.

History

Eff. 2/25/93, Register 125; am 3/30/94, Register 129; deleted as of Register 138, July 1996

12 AAC 38.860 Record of safe operation

Repealed.

History

Eff. 2/25/93, Register 125; repealed 3/30/94, Register 129

12 AAC 38.870 Use area registration under special circumstances

Deleted.

History

Eff. 2/25/93, Register 125; deleted as of Register 138, July 1996

12 AAC 38.875 Limited exemption from use area registration requirement

Deleted.

History

Eff. 3/30/94, Register 129; deleted as of Register 138, July 1996

12 AAC 38.876 Temporary registration in a guide-outfitter use area

Deleted.

History

Eff. 4/13/94, Register 130; deleted as of Register 138, July 1996

12 AAC 38.880 Grounds for revocation or suspension of a use area registration

Deleted.

History

Eff. 2/25/93, Register 125; deleted as of Register 138, July 1996

12 AAC 38.890 Guide-outfitter use area information

Deleted.

History

Eff. 2/25/93, Register 125; deleted as of Register 138, July 1996

12 AAC 38.900 Guide register

Repealed 8/7/90.

12 AAC 38.910 Guide-outfitter renewal

Deleted.

History

Eff. 8/7/90, Register 115; am 8/22/92, Register 123; deleted as of Register 138, July 1996

12 AAC 38.920 Improper reporting

Deleted.

History

Eff. 8/7/90, Register 115; deleted as of Register 138, July 1996

12 AAC 38.990 Definitions

Deleted.

History

Eff. 6/28/74, Register 50; am 11/21/84, Register 92; am 4/22/88, Register 106; am 8/7/90, Register 115; am 8/22/92, Register 123; am 2/25/93, Register 125; deleted as of Register 138, July 1996

Chapter 39 Mechanical Administrators

Article 1 Application and Examination Requirements

12 AAC 39.005 Licensure by qualification

12 AAC 39.005 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.007 Transitional licensure

Repealed.

History

Eff. 7/7/94, Register 131; am 11/26/94, Register 132; repealed 1/22/2004

12 AAC 39.010 Application for licensure by examination

12 AAC 39.010 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.012 Application for licensure by examination

(a) A complete application for a mechanical administrator license by examination consists of

(1) a completed application, on a form provided by the department, that identifies the license category for which the applicant is applying and includes self-certifications by the applicant confirming that the applicant meets the qualifications for the identified license as set out under 12 AAC 39.202-12 AAC 39.332;

(2) the fees required in 12 AAC 02.245;

(4) verification that the applicant has obtained, within the 12 months immediately preceding the date of application, a score of at least 70 percent on a mechanical administrator examination approved by the department.

(b) The department may require additional documentation necessary to substantiate the experience claimed by an applicant before approving an applicant for licensure by examination.

History

Authority: AS 08.40.230; AS 08.40.260; AS 08.40.310 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 1/22/2004, Register 169; am 7/21/2021, Register 239; am 4/16/2023, Register 246

12 AAC 39.020 Application for licensure by credentials

12 AAC 39.020 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.022 Application for licensure by credentials

(a) A complete application for a mechanical administrator license by credentials consists of

(1) a completed application, on a form provided by the department, that identifies the license category for which the applicant is applying and includes self-certifications by the applicant confirming that the applicant meets the qualifications for the identified license as set out under 12 AAC 39.202 - 12 AAC 39.332;

(2) the fees required in 12 AAC 02.245;

(3) verification of a current, active license from another state, sent directly to the department by the other state, which identifies any relevant license category;

(4) verification of an examination passed in another state, sent directly to the department by the other state, that is equivalent to the examination administered in this state; and

(5) the applicant's official transcripts from any college, university, or trade school that is nationally or regionally accredited or approved by the Alaska Commission on Postsecondary Education if the applicant is submitting proof of completed education to qualify for a license; official transcripts must be sent directly to the department by that college, university, or trade school.

(b) The department may require additional documentation necessary to substantiate the experience and education claimed by an applicant before approving an applicant for licensure by credentials.

History

Authority: AS 08.40.230; AS 08.40.260; AS 08.40.310 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 1/22/2004, Register 169: am 7/21/2021, Register 239; am 4/16/2023, Register 246

12 AAC 39.025 Addition of license categories

A licensee may add a license category to a mechanical administrator license by submitting the information required under 12 AAC 39.012(a) or 12 AAC 39.022(a) and passing the examination for the applicable license category.

History

Authority: AS 08.40.230; AS 08.40.260; AS 08.40.310 AS 08.40.240; AS 08.40.270
Eff. 11/26/94, Register 132

12 AAC 39.027 License renewal

To renew a mechanical administrator license, the licensee shall submit

(1) a renewal application on a form provided by the department;

(2) the fee established in 12 AAC 02.245;

(3) certification of compliance with the continuing education requirements of 12 AAC 39.400 - 12 AAC 39.460.

History

Authority: AS 08.40.230; AS 08.40.260; AS 08.40.310 AS 08.40.240; AS 08.40.290
Eff. 7/7/94, Register 131; am 7/21/2021, Register 239

12 AAC 39.030 Final filing date

12 AAC 39.030 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.032 Examination

Repealed.

History

Eff. 7/7/94, Register 131; am 11/26/94, Register 132; repealed 1/22/2004, Register 169

12 AAC 39.033 Reexamination

An applicant may not take the written examination more than three times with in a 12-month period.

History

Authority: AS 08.40.230; AS 08.40.260; AS 08.40.310 AS 08.40.240; AS 08.40.270
Eff. 4/16/2023, Register 246

Article 2 Mechanical Administrator License Categories, Qualifications, and Scope

12 AAC 39.200 Plumbing category qualifications

12 AAC 39.200 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.202 Qualifications for a mechanical administrator license in the unlimited commercial and industrial plumbing category

An applicant for a mechanical administrator license in the unlimited commercial and industrial plumbing category shall furnish proof satisfactory to the department that the applicant has

(1) practical experience as a journeyman plumber for at least four of the six years immediately preceding the date of the application;

(2) management experience in plumbing work as a field superintendent or similar position for at least four of the six years immediately preceding the date of application;

(3) a combination of experience as a journeyman plumber and management experience in plumbing work as a field superintendent or similar position for at least four of the six years immediately preceding the date of application;

(4) a degree in mechanical engineering from a nationally or regionally accredited college or university plus practical experience as a journeyman plumber or field engineer for at least one of the three years immediately preceding the date of application; or

(5) a registration in the state as a professional mechanical engineer plus management experience in the mechanical contracting industry as a field engineer or similar engineering position for at least one of the three years immediately preceding the date of application.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 7/21/2021, Register 239

12 AAC 39.210 Scope of the plumbing category

12 AAC 39.210 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.212 Scope of a mechanical administrator license in the unlimited commercial and industrial plumbing category

(a) The holder of a mechanical administrator license in the unlimited commercial and industrial plumbing category may supervise, in accordance with AS 08.40.400,

(1) all plumbing work described in (b) of this section;

(2) the work defined under the heating, cooling, and process piping category in 12 AAC 39.232(b);

(3) the work defined under the mechanical systems temperature control category in 12 AAC 39.292; and

(4) the work defined under the residential plumbing and hydronic heating category in 12 AAC 39.312(b).

(b) Plumbing work includes the installation, alteration, or retrofitting of

(1) plumbing, fixtures, fixture traps, and domestic water, waste, storm, and vent pipes, including all of their devices, appurtenances, and connections, that extend no more than five feet horizontally outside the building or structure that they serve, and through which domestic water, waste, sewage, oil, drainage, and air are carried;

(2) piping, fixtures, or equipment that is an integral part of a swimming pool, spa, or hot tub filter or heating system, or solar energy system;

(3) fuel oil and gas piping and appliances, and their appurtenances either within the property lines of the building or structure to be served by the fuel oil and gas, or to the point of connection with the utility system; and

(4) lawn sprinkler systems that are connected to a potable water supply, including excavation and backfilling as necessary for proper installation of the system.

(c) In this section "fixtures" includes water closets, lavatories, bathtubs, showers, kitchen sinks, laundry trays, hot water tanks, softeners, urinals, bidets, service sinks, shower pans, drink fountains, water pumps, water conditioners, water coolers, and other similar fixtures used in water systems.

(d) A mechanical administrator licensed in the unlimited commercial and industrial plumbing category may supervise, in accordance with AS 08.40.400, the installation or retrofitting of all pneumatic or electric controls, and may supervise, in accordance with AS 08.40.400, the retrofitting of all control wiring of 48 volts or less, necessary for the operation of plumbing or water conditioning equipment so long as those modifications do not alter the electrical characteristics of the mechanical system or controls. The original installation of control wiring, or the alteration or retrofitting of controls and control wiring that alters the electrical characteristics of the mechanical system, must be supervised by an electrical administrator licensed in the appropriate category under 12 AAC 32.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.220 Heating, cooling, and process piping category qualifications

12 AAC 39.220 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.222 Qualifications for a mechanical administrator license in the heating, cooling, and process piping category

An applicant for a mechanical administrator license in the heating, cooling, and process piping category shall furnish proof satisfactory to the department that the applicant has

(1) practical experience as a journeyman in heating, cooling, and process piping work for at least four of the six years immediately before the date of application;

(2) construction management experience in heating, cooling, and process piping work as a field superintendent or similar position for at least four of the six years immediately before the date of application;

(3) a degree in mechanical engineering from a nationally or regionally accredited college or university plus practical experience as a journeyman pipefitter or field engineer in heating, cooling, and process piping work for at least one of the three years immediately before the date of application; or

(4) a registration in the state as a professional mechanical engineer plus management experience in the mechanical contracting industry as a field engineer or similar engineering position for at least one of the three years immediately before the date of application.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.230 Scope of the heating, cooling, and process piping category

12 AAC 39.230 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.232 Scope of a mechanical administrator license in the heating, cooling, and process piping category

(a) The holder of a mechanical administrator license in the heating, cooling, and process piping category may supervise all work described in (b) of this section in accordance with AS 08.40.400.

(b) Heating, cooling, and process piping work includes the installation, alteration, or retrofitting of

(1) hydronic heating, cooling, and process piping systems, including steam and hot water systems of any temperature-pressure range, chilled water systems, condensing water systems, pressure vessels, heat exchangers, boilers, refrigeration water chillers, cooling towers, fuel oil tanks and piping, and fuel gas piping; and

(2) steam and hot water boilers, including chimney connections, flues, refractories, burners, fittings, valves, thermal insulation, controls, accessories, and incidental piping.

(c) A mechanical administrator licensed in the heating, cooling, and process piping category may supervise, in accordance with AS 08.40.400, the installation or retrofitting of all pneumatic or electric controls and the retrofitting of all control wiring of 48 volts or less necessary for the operation of heating, cooling, and process piping equipment and systems so long as those modifications do not alter the electrical characteristics of the mechanical system or controls. The original installation of control wiring, or the alteration or retrofitting of controls and control wiring that alters the electrical characteristics of the mechanical system, must be supervised by an electrical administrator licensed in the appropriate category under 12 AAC 32.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131

12 AAC 39.240 HVAC/sheet metal category qualifications

12 AAC 39.240 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.242 Qualifications for a mechanical administrator license in the unlimited HVAC/sheet metal category

An applicant for a mechanical administrator license in the unlimited HVAC/sheet metal category shall furnish proof satisfactory to the department that the applicant has

(1) practical experience as a journeyman in HVAC and sheet metal work for at least four of the six years immediately preceding the date of the application;

(2) management experience in HVAC and sheet metal work as a field superintendent or similar position for at least four of the six years immediately preceding the date of the application;

(3) a degree in mechanical engineering from a nationally or regionally accredited college or university plus practical experience as a journeyman or field engineer in HVAC and sheet metal work for at least one of the three years immediately preceding the date of application; or

(4) a degree in mechanical engineering from a nationally or regionally accredited college or university plus practical experience as a journeyman or field engineer in HVAC and sheet metal work for at least one of the three years immediately preceding the date of application; or

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 7/21/2021, Register 239

12 AAC 39.250 Scope of the HVAC/sheet metal category

12 AAC 39.250 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.252 Scope of a mechanical administrator license in the unlimited HVAC/sheet metal category

(a) The holder of a mechanical administrator license in the unlimited HVAC/sheet metal category may supervise, in accordance with AS 08.40.400,

(1) all HVAC/sheet metal work described in (b) of this section;

(2) the work defined under the heating, cooling, and process piping category in 12 AAC 39.232(b) that is integral to work on an HVAC system;

(3) the work defined under the mechanical systems temperature control category in 12 AAC 39.292 that is integral to work on an HVAC system; and

(4) the work defined under the residential HVAC category in 12 AAC 39.332(b).

(b) HVAC/sheet metal work includes the installation, alteration, or retrofitting of the following as they apply to HVAC systems only:

(1) all components of the air handling and refrigeration cycle, including fans, coils, evaporative cooling units, self-contained packaged air conditioning and heating units, air handling units, condensing units, furnaces, flues, chimneys, duct work, cooled mechanical air handling and ventilation applications, and related accessories;

(2) fuel oil tanks and piping and fuel gas piping.

(c) A mechanical administrator licensed in the unlimited HVAC/sheet metal category may supervise, in accordance with AS 08.40.400, the installation or retrofitting of all pneumatic or electric controls and the retrofitting of all control wiring of 48 volts or less necessary for the operation of HVAC equipment or systems so long as those modifications do not alter the electrical characteristics of the mechanical system or controls. The original installation of control wiring, or the alteration or retrofitting of controls and control wiring that alters the electrical characteristics of the mechanical system, must be supervised by an electrical administrator licensed in the appropriate category under 12 AAC 32.

(d) A mechanical administrator licensed in the unlimited HVAC/sheet metal category is not authorized to install or supervise the installation of piping other than fuel oil and fuel gas piping, refrigerant piping, chilled water piping, and condensing water piping that is integral to work on an HVAC system.

(e) Only sheet metal work directly related to heating, ventilation, and air conditioning systems, and any work covered by the Uniform Mechanical Code, is required to be supervised by a mechanical administrator licensed in the HVAC/sheet metal category defined in this section.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.260 Refrigeration category qualifications

12 AAC 39.260 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.262 Qualifications for a mechanical administrator license in the unlimited refrigeration category

An applicant for a mechanical administrator license in the unlimited refrigeration category shall furnish proof satisfactory to the department that the applicant

(1) has practical experience as a journeyman in refrigeration for at least two of the four years immediately before the date of application; or

(2) is a graduate of a college, university, or trade school in refrigeration that is accredited regionally or nationally or approved by the Alaska Commission on Postsecondary Education.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.270 Scope of the refrigeration category

12 AAC 39.270 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.272 Scope of a mechanical administrator license in the unlimited refrigeration category

(a) The holder of a mechanical administrator license in the unlimited refrigeration category may supervise, in accordance with AS 08.40.400, the installation, alteration, or retrofitting of refrigeration and air conditioning equipment and systems, unlimited as to thermal capacity or type of refrigerant, including the installation of domestic water piping from an existing valved connection to the system, tower and condensing water piping, and chilled water piping. Work under this category is limited to the refrigerant cycle, controls, and related appurtenances.

(b) A mechanical administrator licensed in the unlimited refrigeration category may supervise, in accordance with AS 08.40.400, the installation or retrofitting of all pneumatic or electric controls and the retrofitting of all control wiring of 48 volts or less necessary for the operation of refrigeration systems so long as those modifications do not alter the electrical characteristics of the mechanical system or controls. The original installation of control wiring, or the alteration or retrofitting of controls and control wiring that alters the electrical characteristics of the mechanical system, must be supervised by an electrical administrator licensed in the appropriate category under 12 AAC 32.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.280 Sprinkler system fire protection category qualifications

12 AAC 39.280 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.282 Qualifications for a mechanical administrator license in the mechanical systems temperature control category

An applicant for a mechanical administrator license in the mechanical systems temperature control category shall furnish proof satisfactory to the department that the applicant has

(1) practical experience as a journeyman in mechanical systems temperature control work for at least two of the four years immediately before the date of application;

(2) management experience in mechanical systems temperature control work as a field superintendent or similar position for at least four of the six years immediately preceding the date of the application; or

(3) a degree in mechanical engineering from a regionally or nationally accredited college or university, or is a graduate of a college, university, or trade school in mechanical systems temperature control that is regionally or nationally accredited or approved by the Alaska Commission on Postsecondary Education.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.290 Scope of the sprinkler system fire protection category

12 AAC 39.290 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.292 Scope of a mechanical administrator license in the mechanical systems temperature control category

The holder of a mechanical administrator license in the mechanical systems temperature control category may supervise, in accordance with AS 08.40.400, the installation or retrofitting of all pneumatic or electric controls and the retrofitting of all control wiring of 48 volts or less necessary for all mechanical systems described in this chapter so long as those modifications do not alter the electrical characteristics of the mechanical system. The original installation of control wiring, or the alteration or retrofitting of controls and control wiring that alters the electrical characteristics of the mechanical system, must be supervised by an electrical administrator licensed in the appropriate category under 12 AAC 32.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.300 Dry chemical fire protection category qualifications

12 AAC 39.300 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.302 Qualifications for a mechanical administrator license in the residential plumbing and hydronic heating category

An applicant for a mechanical administrator license in the residential plumbing and hydronic heating category shall furnish proof satisfactory to the department that the applicant has practical experience as a journeyman in residential plumbing and hydronic heating work for at least two of the four years immediately preceding the date of the application.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131

12 AAC 39.310 Scope of the dry chemical fire protection category

12 AAC 39.310 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.312 Scope of a mechanical administrator license in the residential plumbing and hydronic heating category

(a) The holder of a mechanical administrator license in the residential plumbing and hydronic heating category may supervise, in accordance with AS 08.40.400, all work described in (b) of this section for a single-family dwelling, or a duplex dwelling not exceeding three stories.

(b) Residential plumbing and hydronic heating work includes the installation, alteration, or retrofitting of

(1) plumbing, fixtures, and water conditioners for a single-family dwelling, or a duplex dwelling not exceeding three stories;

(2) hot water heating systems not exceeding 50 P.S.I. working pressure for a single family dwelling, or a duplex dwelling not exceeding three stories;

(3) existing plumbing systems, including fixtures, softener installation, and accessories;

(4) fuel gas piping downstream of the gas meter, or fuel tank and fuel oil piping for a single-family dwelling, or a duplex dwelling not exceeding three stories; and

(5) lawn sprinkler systems that are connected to a potable water supply, including excavation and backfilling as necessary for proper installation of the system.

(c) A mechanical administrator licensed in the residential plumbing and hydronic heating category may supervise, in accordance with AS 08.40.400, the installation or retrofitting of all plug-in type electrical control panels and apparatus and the retrofitting of all control wiring of 48 volts or less, in a residential single-family dwelling, or a duplex dwelling not exceeding three stories so long as those modifications do not alter the electrical characteristics of the mechanical system or controls. The original installation of control wiring, or the alteration or retrofitting of controls and control wiring that alters the electrical characteristics of the mechanical system, must be supervised by an electrical administrator licensed in the appropriate category under 12 AAC 32.

(d) Nothing in this section prohibits a mechanical administrator licensed in the unlimited commercial and industrial plumbing category, as described in 12 AAC 39.212, or in the heating, cooling, and process piping category, as described in 12 AAC 39.232, from performing or supervising mechanical work on a residential dwelling.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.320 Mechanical systems temperature control category qualifications

12 AAC 39.320 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.322 Qualifications for a mechanical administrator license in the residential HVAC category

An applicant for a mechanical administrator license in the residential HVAC category shall furnish proof satisfactory to the department that the applicant has practical experience as a journeyman in residential HVAC work for at least two of the four years immediately preceding the date of the application.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131

12 AAC 39.330 Scope of the mechanical systems temperature control category

12 AAC 39.330 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.332 Scope of a mechanical administrator license in the residential HVAC category

(a) The holder of a mechanical administrator license in the residential HVAC category may supervise all work described in (b) of this section in accordance with AS 08.40.400.

(b) Residential HVAC work includes the installation, alteration, or retrofitting of

(1) fuel gas piping downstream of the gas meter, or fuel tank and fuel oil piping that is integral to work on an HVAC system for a single-family dwelling, or a duplex dwelling not exceeding three stories; and

(2) warm air heating systems not exceeding 240,000 B.T.U./hour input.

(c) A mechanical administrator licensed in the residential HVAC category may supervise, in accordance with AS 08.40.400, the installation or retrofitting of all plug-in type electrical control panels and apparatus, and may supervise the retrofitting of all control wiring of 48 volts or less, in a residential single-family dwelling, or a duplex dwelling not exceeding three stories so long as those modifications do not alter the electrical characteristics of the mechanical system or controls. The original installation of control wiring, or the alteration or retrofitting of controls and control wiring that alters the electrical characteristics of the mechanical system, must be supervised by an electrical administrator licensed in the appropriate category under 12 AAC 32.

(d) Nothing in this section prohibits a mechanical administrator licensed in the unlimited HVAC/sheet metal category, as described in 12 AAC 39.252, from performing or supervising mechanical work on a residential dwelling.

History

Authority: AS 08.40.230; AS 08.40.260 AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.340 Residential plumbing and hydronic heating category qualifications

12 AAC 39.340 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.350 Scope of the residential plumbing and hydronic heating category

12 AAC 39.350 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

12 AAC 39.360 Residential HVAC category qualifications

12 AAC 39.360 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.370 Scope of the residential HVAC category

12 AAC 39.370 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Article 3 Continuing Education

12 AAC 39.400 Purpose of continuing education

12 AAC 39.400 took effect 7/7/94 as an emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 132, January 1995 differed from the emergency regulation even though the section's history note did not reflect an amendment to that section.

The purpose of continuing mechanical education is to ensure that the renewal of licenses is contingent upon proof of continued competency and assure the consumer of optimum quality and safety of mechanical installation by requiring licensed mechanical administrators to pursue education designed to include the current editions of applicable codes and standards.

History

Authority: AS 08.40.240; AS 08.40.290
Eff. 7/7/94, Register 131

12 AAC 39.410 Hours of continuing education required

(a) An applicant for renewal of a mechanical administrator license shall document the satisfactory completion of the continuing education requirements in this section during the concluding licensing period, unless the licensee has passed a licensing examination based upon the appropriate codes or standards during the concluding licensing period.

(b) A mechanical administrator must satisfactorily complete at least one eight-hour continuing education workshop or an equivalent number of hours of a formal correspondence or individual study program approved by the department that covers the following codes or standards applicable to each category of license held:

(1) the Uniform Mechanical Code, in effect in the state at the time the applicant completes the eight hours of continuing education required in (b) of this section, for renewal of a mechanical administrator license in the categories of

(A) heating, cooling, and process piping;

(B) unlimited HVAC/sheet metal;

(D) mechanical systems temperature control; and

(E) residential HVAC;

(2) the Uniform Plumbing Code as adopted under AS 18.60.705 for renewal of a license in the unlimited commercial and industrial plumbing category;

(3) either the Uniform Plumbing Code as adopted under AS 18.60.705 or the Uniform Mechanical Code, in effect in the state at the time the applicant completes the eight hours of continuing education required in (b) of this section, for renewal of a license in the residential plumbing and hydronic heating category.

History

Authority: AS 08.40.240; AS 08.40.290
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.420 Approved workshops and courses

(a) Except as provided in 12 AAC 39.460, to be approved by the department, a continuing education workshop must cover the edition of the applicable codes listed in 12 AAC 39.410 in effect in the state at the time the workshop is presented.

(1) a description of the workshop and the number of hours of instruction are submitted to the department;

(2) the department determines that the workshop meets the requirements in (a) of this section;

(3) the workshop requires participants to register; and

(4) satisfactory completion of the workshop is verifiable.

(c) A workshop sponsored by any of the following organizations that meets the requirements of (a) of this section is considered approved by the department:

(1) Alaska Mechanical Contractors Association;

(2) United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada;

(3) International Association of Plumbing and Mechanical Officials;

(4) International Conference of Building Officials;

(5) Sheet Metal and Air Conditioning Contractors' National Association;

(6) Alaska Department of Labor and Workforce Development.

(d) A course sponsored by or accepted by the Department of Labor and Workforce Development on the subjects described in 12 AAC 39.410(b) is approved by the department.

History

Authority: AS 08.40.240; AS 08.40.290
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 12/2/99, Register 152; am 7/21/2021, Register 239

12 AAC 39.430 Individual study

History

Authority: AS 08.40.240; AS 08.40.290
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.440 Report of continuing education

(a) An applicant for renewal of a license under 12 AAC 39.027 shall submit, on a form provided by the department, a statement certifying that the applicant has met the continuing education requirements of 12 AAC 39.410.

(b) Falsification of any written evidence submitted to the department under this section is grounds for disciplinary action under AS 08.40.320.

History

Authority: AS 08.40.240; AS 08.40.290; AS 08.40.320
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 12/2/99, Register 152; am 7/21/2021, Register 239

12 AAC 39.450 Waiver of continuing education requirements

History

Authority: AS 08.40.240; AS 08.40.290
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.460 Edition of code acceptable for continuing education

The department will, in its discretion, accept a course for continuing education credit that covers a more recent edition of the Uniform Plumbing Code than the edition adopted under AS 18.60.705 if the more recent edition of the code has been approved by the International Association of Plumbing and Mechanical Officials.

History

Authority: AS 08.40.240; AS 08.40.290
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

Article 4 General Provisions

12 AAC 39.900 Responsibility for completed project

12 AAC 39.900 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.902 Supervision responsibility

(a) A licensed mechanical administrator is responsible for supervising all mechanical work performed under that administrator's license in accordance with AS 08.40.400.

(b) Completion of work conducted under a mechanical administrator's license constitutes certification by the administrator that work performed and materials used conform to applicable codes and standards.

(c) In compliance with AS 08.40.400, a mechanical administrator shall maintain a record of supervised work, on a form provided by the department. The mechanical administrator must sign the certification statement on that form verifying the administrator's supervision of any work for which the administrator had responsibility or control. A mechanical administrator shall submit the records of supervised work upon request by the department and shall retain the records for a minimum of three years from the date that the certification statement is signed.

History

Authority: AS 08.40.230; AS 08.40.240; AS 08.40.400
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.910 Change of employer or company affiliation

12 AAC 39.910 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.912 Change of employer or company affiliation

A licensed mechanical administrator shall notify the department in writing within 15 days after a change in mechanical administration employment or company affiliation by submitting the change of employer or company affiliation fee established in 12 AAC 02.245 and a notarized statement that includes the

(1) name of the previous company and the date employment or affiliation ended;

(2) name of the new company and the date employment or affiliation began;

(3) construction contractor license number for each company; and

(4) mechanical administrator's license number.

History

Authority: AS 08.40.240; AS 08.40.280
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

12 AAC 39.920 Installation by a mechanical administrator

12 AAC 39.920 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.930 Scope of mechanical contractor

12 AAC 39.930 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.940 Controls and control wiring

12 AAC 39.940 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

12 AAC 39.942 Controls and control wiring

A mechanical administrator may not supervise the original installation of control wiring, or the alteration or retrofitting of controls or control wiring that alters the electrical characteristics of the mechanical system, unless that mechanical administrator is also licensed as an electrical administrator in the appropriate category under AS 08.40 and 12 AAC 32. Nothing in this section limits the authority or responsibility of a mechanical administrator to ensure that the controls being installed or modified by a contractor or an electrical administrator properly function as an integral part of the mechanical system.

History

Authority: AS 08.40.230; AS 08.40.240; AS 08.40.270
Eff. 7/7/94, Register 131

12 AAC 39.950 Year of experience defined

In this chapter, a year of experience means that within a 12-consecutive-month period the applicant worked in a required field or position for at least 1,500 hours.

History

Authority: AS 08.40.230; AS 08.40.240
Eff. 7/7/94, Register 131

12 AAC 39.990 Definitions

12 AAC 39.990 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993.

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

12 AAC 39.992 Definitions

(a) In this chapter,

(1) "department" means the Department of Commerce, Community, and Economic Development;

(2) "division" means the division of corporations, business and professional licensing in the department;

(3) "HVAC" means heating, ventilation, and air conditioning;

(4) "journeyman" means an individual who holds a certificate of fitness issued by the Department of Labor and Workforce Development under AS 18.62 or an equivalent certificate issued by another licensing jurisdiction;

(5) repealed 11/26/94;

(6) repealed 11/26/94;

(7) "repair" means replacing mechanical system components, parts, or controls with like items having closely similar operating characteristics and making the adjustments required to return the mechanical system to operation as it was originally designed;

(8) "retrofit" means a change in design, construction, or equipment already in service in order to incorporate later improvements;

(9) "Uniform Plumbing Code" is the code published by the International Association of Plumbing and Mechanical Officials and adopted by the state under AS 18.60.705.

(b) In this chapter and in AS 08.18.171, AS 08.40.270, and AS 08.40.490, "Uniform Mechanical Code" means the mechanical code adopted by the Department of Public Safety under 13 AAC 50.023.

History

Authority: AS 08.40.230; AS 08.40.240; AS 44.33.020
Eff. 7/7/94, Register 131; am 11/26/94, Register 132; am 1/19/2002, Register 161; am 12/7/2006, Register 180; am 7/21/2021, Register 239

Chapter 40 State Medical Board

Article 1 Licensing

12 AAC 40.010 Application for license by credentials

(a) Before the board will consider issuance of a license, an applicant for licensure by credentials shall

(1) file a complete application; and

(2) if required under 12 AAC 40.055, be interviewed in accordance with AS 08.64.255.

(b) A complete application must include the following items

(1) submitted by the applicant:

(A) a completed application on a form provided by the department, including a photograph of the applicant;

(B) a completed authorization for release of records on a form provided by the department and signed by the applicant;

(C) a true and correct attestation listing each hospital at which the applicant has held privileges within the five years immediately before the date that the applicant signs the application form, and a disclosure of any disciplinary action against the applicant by any hospital or other health care facility at any time, including whether

(i) the applicant's employment or privileges were restricted, terminated, or investigated; or

(ii) the applicant is currently under investigation for a complaint or accusation regarding the applicant's practice;

(D) all application and licensing fees required under 12 AAC 02.250;

(E) verification of the applicant's post-graduate training that meets the requirements of (h) of this section, if applicable;

(F) an attestation that the applicant has completed education in pain management and opioid use and addiction; if the applicant does not currently hold a valid federal Drug Enforcement Administration registration number, verification will be waived until the applicant applies for a valid registration number;

(G) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;

(2) submitted directly to the division office upon the applicant's request:

(A) evidence that the applicant has passed an appropriate examination that meets the requirements set out under (c) of this section;

(B) verification of licensure from the appropriate licensing authority in each state, territory, province, or other country where the applicant holds or has ever held a license to practice medicine;

(D) verification from the applicant's medical school that the applicant completed medical school and received a medical school diploma;

(E) verification of the applicant's completion of post-graduate training that meets the requirements of (h) of this section, if applicable;

(F) for foreign medical graduates, verification from the Educational Commission for Foreign Medical Graduates (ECFMG) of successful ECFMG certification, or a certified true copy of the applicant's certificate from the Educational Commission for Foreign Medical Graduates (ECFMG).

(c) The evidence that an applicant has passed an appropriate examination as required by (b)(2)(A) of this section must be either

(1) verification of an examination in the medical and basic science subjects as a prerequisite to licensure in a state or territory of the United States, District of Columbia, Puerto Rico, or a province or territory of Canada; or

(2) an official transcript from

(A) the Federation of State Medical Boards documenting successful passage of the FLEX exam;

(B) the National Board of Medical Examiners documenting successful passage of the NBME exam;

(C) the National Board of Osteopathic Medical Examiners documenting successful passage of the NBOME or COMLEX examination;

(D) the National Board of Medical Examiners or the Federation of State Medical Boards documenting successful passage of the United States Medical Licensing Examination (USMLE); or

(E) the National Board of Podiatric Examiners (NBPME) documenting successful passage of the NBPME or Podiatric Medical Licensing Examination for States (PMLexis) exam; or

(3) official transcripts from the appropriate administering federations or boards documenting successful passage of all segments of an acceptable examination combination in 12 AAC 40.021.

(d) Applicants are responsible for requesting transcripts and paying any fees associated with having transcripts sent directly to the board.

(e) Before the board will consider issuance of a license, an applicant must receive clearance from the National Practitioner Data Bank.

(f) If necessary, the board will require an applicant to provide additional information to verify that the applicant meets the licensing requirements in AS 08.64.250 and this chapter.

(g) The board will waive the verification requirements set out in (b)(2)(B) of this section for an applicant who is unable to obtain verification of licensure from another country that does not have diplomatic relations with the United States, and the board will waive the verification requirements set out in (b)(2)(D) and (E) of this section for an applicant who is unable to obtain those verifications due to circumstances beyond the applicant's control as determined by the board, if the board is able to satisfactorily substantiate through other means that the applicant has met those licensure, education, and training requirements. The applicant must submit to the board a written request for a waiver that

(1) explains the reason for the applicant being unable to obtain those verifications; and

(2) documents that licensure, education, and training requirements have been met.

(h) An applicant for licensure under this section who graduated from a medical school described in AS 08.64.200(a) or a school of osteopathy described in AS 08.64.205 must submit direct source verification of successful completion of the post-graduate training required under AS 08.64.200(a) or 08.64.205. Any other applicant must submit direct source verification of successful completion of the post-graduate training required under AS 08.64.225(a), if applicable. Training periods of less than 12 months will not be accepted.

(i) Except for a diploma written in Latin a document submitted under this section must be either written in English or accompanied by a certified English translation of that document.

(j) If a foreign medical graduate applicant for licensure in this state took the FLEX examination series before the implementation of the USMLE examination series, but did not achieve a minimum standard score of 75 for each component of the examination series, and has not otherwise provided evidence satisfactory to the board that the applicant has passed an appropriate examination as described in (c) of this section, the applicant may submit an official transcript from the Federation of State Medical Boards documenting that the applicant achieved a weighted average score of 75 or higher. The board will not accept a weighted average score if the applicant

(1) is not currently licensed in at least one other state;

(2) has been the subject of disciplinary action for a violation substantially similar to one listed in AS 08.64.326 in any state or other jurisdiction within the five years immediately preceding application for a license in this state; or

(3) is not currently board-certified by a member board of the American Board of Medical Specialties or the American Osteopathic Association.

(k) Notwithstanding (b)(2) of this section, an applicant for licensure by credentials may submit the credentials verification documents through the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.

History

Authority: AS 08.64.100; AS 08.64.210; AS 08.64.250 AS 08.64.200; AS 08.64.225; AS 08.64.255 AS 08.64.205; AS 08.64.240
Eff. 12/30/70, Register 36; am 5/18/85, Register 94; am 8/2/86, Register 99; am 4/10/88, Register 106; am 5/1/94, Register 130; am 6/28/97, Register 142; am 8/17/97, Register 143; am 11/7/98, Register 148; am 8/9/2000, Register 155; am 6/15/2001, Register 158; am 4/2/2004, Register 169; am 10/14/2006, Register 180; am 3/4/2007, Register 181; am 12/21/2007, Register 184; am 5/8/2013, Register 206; am 8/17/2018, Register 227; am 3/25/2020, Register 233; em am 4/21/2020 - 8/18/2020, Register 234; am 11/16/2020, Register 236; am 10/28/2022, Register 243; am 8/30/2024, Register 251

12 AAC 40.015 Application for license by examination

(a) Repealed 6/28/97.

(b) A complete application for a license by examination must meet the requirements of AS 08.64.200, 08.64.205, 08.64.209, or 08.64.225 and include the following documents

(1) submitted by the applicant:

(A) a completed application on a form provided by the department, including a photograph of the applicant;

(B) a completed authorization for release of records on a form provided by the department and signed by the applicant;

(C) a true and correct attestation listing each hospital at which the applicant has held privileges within the five years immediately before the date the applicant signs the application form, and a disclosure of any disciplinary action against the applicant by any hospital or other health care facility at any time, including whether

(i) the applicant's employment or privileges were restricted, terminated, or investigated; or

(ii) the applicant is currently under investigation for a complaint or accusation regarding the applicant's practice;

(D) all application and licensing fees required under 12 AAC 02.250;

(E) an attestation that the applicant bas completed education in pain management and opioid use and addiction; if the applicant does not currently hold a valid federal Drug Enforcement Administration registration number, verification will be waived until the applicant applies for a valid registration number;

(F) verification that the applicant has completed at least two hours of education in pain management and opioid use and addiction earned in a Category I continuing medical education program accredited by the American Medical Association, a Category I or II continuing medical education program accredited by the American Osteopathic Association, or a continuing medical education program from a provider that is approved by the Council on Podiatric Medical Education; if the applicant does not currently hold a valid federal Drug Enforcement Administration registration number, verification will be waived until the applicant applies for a valid registration number;

(G) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;

(2) submitted directly to the division office upon the applicant's request:

(A) clearance from the Federation of State Medical Boards or the Federation of Podiatric State Medical Boards;

(B) verification from the applicant's medical school that the applicant completed medical school and received a medical school diploma;

(C) verification of completion of post-graduate training from the facility where the applicant completed the internship or residency program, if applicable; training periods of less than 12 months in a program will not be accepted;

(D) for foreign medical graduates, verification from the Educational Commission for Foreign Medical Graduates (ECFMG) of successful ECFMG certification, or a certified true copy of the applicant's certificate from the Educational Commission for Foreign Medical Graduates (ECFMG).

(c) After passing the written examination an applicant must be interviewed in accordance with AS 08.64.255 if the board determines that, under 12 AAC 40.055, an interview is required before the board will consider issuance of a license.

(d) Before the board will consider issuance of a license, an applicant

(1) shall provide for official examination results to be sent to the department directly from the examination agency; and

(2) must receive clearance from the National Practitioner Data Bank.

(e) If necessary, the board will require an applicant to provide additional information to verify that the applicant meets the licensing requirements in

(1) AS 08.64.200, 08.64.205, 08.64.209, or 08.64.225; and

(2) this chapter.

(f) Except for a diploma written in Latin a document submitted under this section must be either written in English or accompanied by a certified English translation of that document.

(g) Notwithstanding (b)(2) of this section, an applicant for licensure by examination may submit the credentials verification documents through the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.

History

Authority: AS 08.64.100; AS 08.64.205; AS 08.64.225 AS 08.64.180; AS 08.64.209; AS 08.64.240 AS 08.64.190; AS 08.64.210; AS 08.64.255
Eff. 7/29/83, Register 87; am 3/30/84, Register 89; am 4/10/88, Register 106; am 6/28/97, Register 142; am 8/17/97, Register 143; am 6/15/2001, Register 158; am 4/2/2004, Register 169; am 3/4/2007, Register 181; am 12/21/2007, Register 184; am 8/17/2018, Register 227; am 3/25/2020, Register 233; em am 4/21/2020 - 8/18/2020, Register 234; am 11/16/2020, Register 236; am 8/30/2024, Register 251

12 AAC 40.016 Application for license by foreign medical graduates

(a) An applicant for licensure by examination who is a graduate of a medical college not accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association must

(1) have graduated from a school listed in the World Directory of Medical Schools, produced by the World Federation for Medical Education, after successful completion of a medical curriculum extending over a period of least four academic years; the four academic years must consist of at least 32 months of actual instruction, consisting of a minimum of 4,000 hours, with at least 80 percent of actual in-person attendance required; if an applicant has matriculated in more than one medical school, the applicant must have matriculated in the medical school awarding the degree of doctor of medicine or its equivalent for at least the last full academic year of medical education received before the granting of the degree;

(2) meet the requirements of AS 08.64.225, 12 AAC 40.015, 12 AAC 40.020, and this section; and

(3) have successfully completed three years of postgraduate training that meets the requirements of AS 08.64.225(a)(2)(A), including

(A) at least one continuous year of training in a general medical program that includes basic clinical training; training periods of less than 12 months in a program will not be accepted; and

(B) at least two years of training in one continuous single program; a year of full-time employment as a faculty member at a medical college accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association may be substituted for a year of required postgraduate training, up to the maximum required under this subsection; training periods of less than 12 months in a program will not be accepted.

(b) An applicant for licensure by credentials who is a graduate of a medical college not accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association must

(1) have graduated from a school listed in the World Directory of Medical Schools, produced by the World Federation for Medical Education, after successful completion of a medical curriculum extending over a period of at least four academic years; the four academic years must consist of at least 32 months of actual instruction, consisting of a minimum of 4,000 hours, with at least 80 percent of actual in-person attendance required; if an applicant has matriculated in more than one medical school, the applicant must have matriculated in the medical school awarding the degree of doctor of medicine or its equivalent for at least the last full academic year of medical education received before the granting of the degree;

(2) meet the requirements of AS 08.64.225, 08.64.250, 12 AAC 40.010, and this section; and

(3) establish proof of competency and professional qualifications by meeting one of the following requirements:

(A) have successfully completed three years of postgraduate training that meets the requirements of AS 08.64.225(a)(2)(A), including

(i) at least one continuous year of training in a general medical program that includes basic clinical training; training periods of less than 12 months in a program will not be accepted; and

(ii) at least two years of training in one continuous single program; a year of full-time employment as a faculty member at a medical college accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association may be substituted for a year of required postgraduate training, up to the maximum required under this subsection; training periods of less than 12 months in a program will not be accepted;

(B) hold a current, active, unrestricted license to practice medicine in another state and

(i) have engaged in the active practice of medicine in that state for at least three years before the date of application for licensure in this state;

(ii) hold a current certification in a practice specialty issued by the American Board of Medical Specialties; and

(iii) have successfully completed postgraduate training that meets the requirements of AS 08.64.225(a)(2)(A) and includes at least one continuous year in a general medical program that includes basic clinical training.

(c) If necessary to determine whether an applicant for licensure who is a graduate of a medical college not accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association is competent and able to safely practice medicine in this state, the board may require the applicant to pass the Special Purpose Examination (SPEX) administered by the Federation of State Medical Boards or to undergo a formal assessment of professional competency by a program approved by the board for that purpose.

(d) Nothing in this section requires the board to evaluate for equivalency any education or training required under this section.

History

Authority: AS 08.64.100; AS 08.64.205; AS 08.64.225 AS 08.64.180; AS 08.64.209; AS 08.64.250 AS 08.64.200; AS 08.64.210; AS 08.64.255
Eff. 3/4/2007, Register 181; am 3/25/2020, Register 233

12 AAC 40.017 Denial of application

The board may deny an application for licensure if the applicant is the subject of an unresolved investigation, complaint review procedure, or other disciplinary proceeding undertaken by a certifying or licensing agency of another state, territory of the United States, or other country.

History

Authority: AS 08.64.100; AS 08.64.240
Eff. 12/21/2007, Register 184

12 AAC 40.020 License by examination

(a) The physician qualification examination required for licensure in this state is the most current version of the United States Medical Licensing Examination (USMLE).

(b) The minimum passing score for

(1) step 1 of the USMLE is 176 in the three-digit scoring system and 75 in the two-digit scoring system;

(2) step 2 of the USMLE is 167 in the three-digit scoring system and 75 in the two-digit scoring system; and

(3) step 3 of the USMLE is 177 in the three-digit scoring system and 75 in the two-digit scoring system.

(d) Repealed 4/27/97.

(e) Repealed 4/27/97.

(f) Repealed 4/27/97.

(g) Repealed 9/1/2007.

(h) Repealed 9/1/2007.

(i) Except as provided in (m) of this section, if an applicant does not pass all steps of the USMLE within the seven years after the date the applicant first passes step one or step two, whichever is earlier, the applicant must retake and pass all steps including steps previously passed.

(j) Except as provided in (m) of this section, if an applicant has passed any step of the USMLE in another state during the five years before application in this state, the applicant need only take the steps not passed as long as all steps are passed within seven years.

(k) An applicant for licensure under this section may make two attempts to pass each step or step component of the USMLE. An applicant who fails any step or step component of the USMLE on the second attempt must complete a supervised course of study approved by the board before permission to retake the step or step component will be given.

(l) An osteopathic applicant for licensure by examination may substitute the applicant's successful passing of all three levels of the Comprehensive Osteopathic Medical Licensing Examination (COMLEX) administered by the National Board of Osteopathic Medical Examiners for the applicant's successfully passing of all three steps of the USMLE examination. The osteopathic applicant may only use the substitution if the applicant successfully passed all three levels of the COMLEX examination in sequential order within seven years of the applicant's successfully passing level one of the COMLEX examination. An osteopathic applicant for licensure under this subsection may make two attempts to pass each level of the COMLEX examination. If the applicant takes any level of the COMLEX examination and fails the second attempt, the applicant must complete a supervised course of study approved by the board, before permission to retake the level of the COMLEX examination will be given. The minimum passing score for all levels of the COMLEX examination is 75.

(m) An applicant that is enrolled in a dual degree medical program for M.D. and Ph.D. degrees must complete all three steps of the USMLE within 10 years from the date that the applicant passed the first step of the USMLE.

History

Authority: AS 08.64.100; AS 08.64.210; AS 08.64.220
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 3/30/84, Register 89; am 5/18/85, Register 94; am 5/1/94, Register 130; am 4/27/97, Register 142; am 11/7/98, Register 148; am 4/2/2004, Register 169; am 9/1/2007, Register 183; am 12/21/2007, Register 184; am 5/8/2013, Register 206

12 AAC 40.021 Acceptable examination combinations

(a) The board will accept the following combinations of examinations described in 12 AAC 40.020 if successfully completed before January 1, 2000:

(1) (NBME part one or USMLE step one) plus (NBME part two or USMLE step two) plus (NBME part three or USMLE step three);

(2) (FLEX component one) plus (USMLE step three); or

(3) (NBME part one or USMLE step one) plus (NBME part two or USMLE step two) plus (FLEX component two).

(b) Applicants who are graduates of medical colleges not accredited bv the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association shall pass all components of an examination described in 12 AAC 40.020. The board will not accept combinations of examinations.

History

Authority: AS 08.64.100; AS 08.64.210; AS 08.64.220
Eff. 5/1/94, Register 130; am 3/25/2020, Register 233

12 AAC 40.022 Postgraduate training and active duty military service

The board may accept one year of active duty military service as described in AS 08.01.064(a)(2) as a general medical officer or flight surgeon, verified by the unit hospital commander or senior medical officer, as meeting the second year of postgraduate training required under AS 08.64.200(a)(2)(B) or 08.64.205(2)(B).

History

Authority: AS 08.01.064; AS 08.64.200 AS 08.64.100; AS 08.64.205
Eff. 11/13/2014, Register 212

12 AAC 40.023 Training requirements for podiatry applicant

In addition to meeting the application requirements in AS 08.64.209, an applicant for a license to practice podiatry shall submit to the board

(1) a certified true copy of a certificate verifying the applicant's successful completion of surgical residency training in a hospital accredited by the American Podiatric Medical Association Council on Podiatric Medical Education or the American Board of Podiatric Surgery for a period of at least

(A) one year if the applicant graduated from an accredited school of podiatry on or before December 31, 2010; or

(B) two years if the applicant graduated from an accredited school of podiatry on or after January 1, 2011;

(2) verification of the applicant's completions of at least two hours of education in opioid use and addiction

(A) education under this paragraph must be earned in a continuing medical education program from a provider that is approved by the Council on Podiatric Medical Education;

(B) for an applicant who does not currently hold a valid federal Drug Enforcement Administration registration number, the verification will be waived until the applicant applies for a valid registration number.

History

Authority: AS 08.64.100; AS 08.64.190; AS 08.64.209
Eff. 8/9/95, Register 135; am 8/17/2018, Register 227; am 12/25/2019, Register 232

12 AAC 40.024 Licensing requirements for applicants from fifth pathway programs

(a) A physician applicant who earned a certificate of completion from a fifth pathway program supported by the American Medical Association may apply for and receive licensure by examination in this state, if otherwise eligible for licensure.

(b) If otherwise eligible for licensure, and in order to be licensed in this state, a physician applicant for licensure by credentials who earned a certificate of completion from a fifth pathway program not supported by the American Medical Association must provide verification of full and unrestricted licensure in at least one licensing jurisdiction in the United States, with evidence of successful completion of post graduate training recognized by the American Board of Medical Specialties and evidence of board certification by a board under the American Board of Medical Specialties.

(c) In this section, "fifth pathway program" means a program by which students who have attended four years at a foreign medical school that requires one year of social service before awarding the degree may complete their supervised clinical work at a United States medical school, become eligible for entry to residency training in the United States, and ultimately obtain a license to practice in the United States.

History

Authority: AS 08.64.100; AS 08.64.200; AS 08.64.225
Eff. 9/9/2010, Register 195

12 AAC 40.025 Lapsed physician licenses

(a) A physician license that has been lapsed for at least 60 days but less than one year will be reinstated if the applicant

(1) submits a completed renewal application on a form provided by the department;

(2) pays the applicable biennial license renewal fee established in 12 AAC 02.250(a);

(3) submits proof of meeting the continuing medical education requirements in 12 AAC 40.200 - 12 AAC 40.220; and

(4) receives clearance from the Federation of State Medical Boards and documentation of the clearance is sent directly to the division by that federation.

(b) A physician license that has been lapsed for at least one year but less than five years will be reinstated if the applicant meets the requirements in (a)(2) - (4) of this section and

(1) submits a completed reinstatement application on a form provided by the department;

(2) provides a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;

(3) arranges for verification of licensure to be sent directly to the division from the appropriate licensing authority in each state, territory, province, or other country where the applicant is or has been licensed as a physician;

(4) is qualified for a license under AS 08.64.230 and is not disqualified by AS 08.64.240; and

(5) provides a true and correct attestation listing each hospital at which the applicant has held privileges during the five years immediately before the date the applicant signs the application form and a disclosure regarding of any disciplinary action by any hospital or other health care facility at any time, including whether

(A) the applicant's employment or privileges have been restricted, terminated, or investigated; or

(B) the applicant is currently under investigation for a complaint or accusation regarding the applicant's practice.

(c) Notwithstanding (a) and (b) of this section, the board may refuse to reinstate a physician license for the same reasons that it may impose disciplinary sanctions against a licensee under AS 08.64.326 and this chapter.

History

Authority: AS 08.01.100; AS 08.64.100; AS 08.64.240
Eff. 8/20/87, Register 103; am 5/16/98, Register 146; am 6/15/2001, Register 158; am 7/25/2008, Register 187; am 8/30/2024, Register 251

12 AAC 40.030 Re-examination fees

Repealed 5/18/85.

12 AAC 40.031 Activating a retired status license

(a) An applicant holding a retired status license under AS 08.64.276 will, in the board's discretion, be issued an active license to practice medicine, podiatry, or osteopathy in this state, as appropriate, if the applicant

(1) submits a new and complete application as required by 12 AAC 40.010, documenting compliance with

(A) AS 08.64.200 and 08.64.250, if a physician applicant;

(B) AS 08.64.209 and 08.64.250, if a podiatry applicant; or

(2) submits evidence of at least 50 hours of continuing medical education credits earned within the two years immediately before the date of application;

(3) submits evidence of successful completion of the Special Purpose Examination (SPEX) prepared by the Federation of State Medical Boards;

(4) submits, at the request of the board, physical and mental examination reports from practitioners approved by the board indicating that, at the time of the examination, the applicant is mentally and physically capable of practicing medicine, podiatry, or osteopathy safely;

(5) submits information from the disciplinary data bank of the Federation of State Medical Boards;

(6) is interviewed by a member of the board; and

(7) pays the fees established in 12 AAC 02.250.

(b) If the report required in (a)(5) of this section shows evidence of disciplinary action in this state or another licensing jurisdiction within the five years immediately before the date of application under (a)(1) of this section, the board will, in its discretion, deny an application for reactivation, if the evidence demonstrates that the applicant is not capable of practicing medicine, podiatry, or osteopathy safely or lawfully.

History

Authority: AS 08.64.100; AS 08.64.180; AS 08.64.276
Eff. 8/25/94, Register 131; am 10/14/2006, Register 180

12 AAC 40.033 Inactive physician license

(a) A physician who is not practicing in the state may hold an inactive license that may be renewed.

(b) A physician may apply for an inactive license at the time of license renewal by

(1) indicating on the form for license renewal that the physician is requesting an inactive license;

(2) paying the inactive biennial license fee established in 12 AAC 02.250; and

(3) submitting proof of meeting the continuing medical education requirements in 12 AAC 40.200 - 12 AAC 40.220.

(d) A physician licensed as inactive who wishes to resume active practice as a physician in the state must

(1) repealed 12/7/2006;

(2) submit a written request for reactivation;

(3) request a clearance report from the Federation of State Medical Boards's Board Action Data Bank be sent directly to the board;

(4) pay the physician biennial license renewal fee established in 12 AAC 02.250, less any inactive license fee previously paid for the same licensing period;

(5) submit proof of meeting the continuing medical education requirements in 12 AAC 40.200 - 12 AAC 40.220;

(6) arrange for verification of licensure to be sent directly to the division from each state other than this state where the applicant is or has been licensed as a physician; and

(7) provide a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration.

(e) Notwithstanding (a) and (b) of this section, the board may refuse to reactivate a physician license for the same reasons that it may impose disciplinary sanctions against a licensee under AS 08.64.326 and this chapter.

History

Authority: AS 08.64.100; AS 08.64.240; AS 08.64.313
Eff. 9/30/2001, Register 159; am 12/7/2006, Register 180; am 8/30/2024, Register 251

12 AAC 40.035 Temporary permit application requirements

(a) A member of the board, the executive secretary, or a person designated by the board to issue temporary permits, may issue a temporary physician permit to an applicant who

(1) meets the requirements of AS 08.64.270;

(2) has a complete application under 12 AAC 40.010 or 12 AAC 40.015 on file with the division; and

(3) if an interview is required under 12 AAC 40.055, is interviewed in accordance with AS 08.64.279.

(b) Repealed 8/9/2000.

(d) A member of the board, the executive secretary, or a person designated by the board to issue temporary permits, may expedite the issuance of a temporary physician permit to an applicant who

(1) meets the requirements of AS 08.64.270; and

(2) has on file with the division

(A) a completed application on a form provided by the department;

(B) a completed authorization for release of records on a form provided by the department and signed by the applicant;

(D) repealed 7/7/2022;

(E) repealed 7/7/2022;

(F) repealed 7/7/2022;

(G) clearance from the Federation of State Medical Boards or the Federation of Podiatric State Medical Boards; and

(H) clearance from the National Practitioner Data Bank; and

(3) has no adverse or derogatory history, including

(A) grounds for which the board may impose disciplinary sanctions under AS 08.64.326;

(B) malpractice settlements or payments in excess of $50,000 individually or $100,000 in the aggregate;

(D) any complaint, investigation, or action, regarding the practice of medicine, in another state or territory of the United States, a province or territory of Canada, a federal agency, the armed forces of the United States, or any international jurisdiction;

(E) any adverse action taken by a hospital, health care facility, health care entity, residency program or fellowship program.

History

Authority: AS 08.64.100; AS 08.64.270 AS 08.64.180; AS 08.64.279
Eff. 5/18/85, Register 94; am 8/2/86, Register 99; am 4/10/88, Register 106; am 8/17/97, Register 143; am 8/9/2000, Register 155; am 10/8/2017, Register 224; am 12/25/2019, Register 232; em am 4/21/2020 - 8/18/2020, Register 234; am 11/16/2020, Register 236; am 7/7/2022, Register 243

12 AAC 40.036 Locum tenens permit application requirements

(a) A member of the board, the executive secretary, or a person designated by the board to issue temporary permits, may issue a locum tenens permit to an applicant who

(1) meets the requirements of AS 08.64.275;

(2) has a complete application on file with the division;

(3) if an interview is required under 12 AAC 40.055, is interviewed in accordance with AS 08.64.279; and

(4) if the applicant is a foreign medical graduate, meets the requirements of 12 AAC 40.016.

(b) A complete application must include the following:

(1) direct source verification of successful completion of medical school;

(2) direct source verification of the applicant's completion of post-graduate training that meets the requirements of 12 AAC 40.010(h);

(3) verification of licensure from the appropriate licensing authority in each state, territory, or province where the applicant holds or has ever held a license, requested by the applicant and sent directly to the division from the licensing jurisdiction;

(4) all application fees required under 12 AAC 02.250 for a locum tenens permit;

(5) clearance from the Federation of State Medical Boards sent directly to the division;

(6) clearance from the National Practitioner Data Bank.

(d) A physician who is not currently licensed in this state may apply for a locum tenens permit for the purpose of substituting for a physician licensed in this state who is

(1) temporarily absent from the practice location at which the applicant will practice; or

(2) not expected to return to the practice location, if issuance of a locum tenens permit is necessary to temporarily provide essential medical services to the public or to protect the public health and safety.

(e) Notwithstanding (a) of this section, the board's designee, as identified under 12 AAC 40.910, will perform the duties described in this section, as delegated by the board.

(f) Notwithstanding (b) of this section, an applicant for a locum tenens permit may submit the credentials verification documents through the Federation Credentials Verification Service (FCVS) of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.

History

Authority: AS 08.64.100; AS 08.64.180; AS 08.64.279 AS 08.64.101; AS 08.64.275
Eff. 5/18/85, Register 94; am 4/10/88, Register 106; am 8/17/97, Register 143; am 8/9/2000, Register 155; am 6/15/2001, Register 158; am 9/9/2010, Register 195; am 10/8/2017, Register 224; am 12/25/2019, Register 232; am 8/30/2024, Register 251

12 AAC 40.038 Residency permit

(a) A member of the board or the executive secretary, may issue a residency permit to an applicant who

(1) meets the requirements of AS 08.64.272;

(2) if an interview is required under 12 AAC 40.055, is interviewed in accordance with AS 08.64.279;

(3) provides a complete application; and

(4) if the applicant is a foreign medical graduate, meets the requirements of 12 AAC 40.016(a)(1).

(b) A complete application must include the following:

(1) a complete notarized application form with a photograph and signed by the applicant;

(2) a certified true copy of a medical school diploma as required under AS 08.64.200, AS 08.64.205, or AS 08.64.225, or an official transcript sent directly from the medical school from which the applicant graduated to the board;

(3) verification of successful completion of medical school education sent directly by the medical school from which the applicant graduated to the board;

(4) a statement signed by the physician program director, from a residency training program approved by the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, the American Medical Association, or the American Osteopathic Association stating that the applicant is a resident in good standing in the program and that the rotation in this state is an approved part of the post-graduate training program;

(5) a statement from the institution in this state accepting the resident applicant as a resident in training and accepting responsibility for the applicant's training while at that institution, signed by the program director, clinical director, or other physician responsible for the training of the applicant;

(6) verification of licensure from all states or licensing jurisdictions where the applicant holds or has ever held a license to practice medicine as a physician;

(7) verification of licensure from all states or licensing jurisdictions where the applicant holds or has ever held a license as a health care professional;

(8) clearance from the Federation of State Medical Boards sent directly to the board; and

(9) the application fee and the residency permit fee established in 12 AAC 02.250.

(c) A residency permit is valid only for the duration of the residency at the institution in this state, not to exceed 36 months. The permit may be renewed for an additional 36 months upon board approval of a new application by the resident.

(d) Notwithstanding (b) of this section, an applicant for a residency permit may submit the credentials verification documents through the Federation Credentials Verification Service (FCVS) of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.

History

Authority: AS 08.64.100; AS 08.64.272 AS 08.64.101; AS 08.64.279
Eff. 8/2/86, Register 99; am 8/20/87, Register 103; am 4/10/88, Register 106; am 8/17/97, Register 143; am 12/16/99, Register 152; am 8/9/2000, Register 155; am 10/14/2006, Register 180; am 9/9/2010, Register 195; am 10/8/2017, Register 224; am 12/25/2019, Register 232

12 AAC 40.040 Recognized hospital

For the purpose of AS 08.64.200(a)(2), a recognized hospital is one that has a postgraduate training program located in the United States or its territories, or in Canada, and that has been approved for internship or residency training by the Accreditation Council for Graduate Medical Education (ACGME) or the Royal College of Physicians and Surgeons of Canada.

History

Authority: AS 08.64.100; AS 08.64.200
Eff. 12/20/70, Register 36; am 5/1/94, Register 130; am 4/14/96, Register 138; am 3/25/2020, Register 233

12 AAC 40.045 Courtesy license

(a) A courtesy license authorizes the holder to practice medicine, osteopathy, or podiatry for limited purposes recognized by the board in (b) and (j) of this section. A courtesy license does not authorize the holder to perform medical services outside the scope of the courtesy license issued under this section.

(b) For purposes of (a) of this section, the board will consider the following physicians to practice for limited purposes that qualify for the issuance of a courtesy license:

(1) physicians who come to the state for the purpose of conducting a specialty clinic, if the patients do not pay or give a fee or other remuneration for the services provided;

(2) out-of-state sports team physicians who accompany their team to the state for the duration of the team's presence in the state for the sporting activity and whose practice while in the state is limited to care of the applicant's team and visiting support staff personnel associated with the event;

(3) physicians who are formally contracted by state agencies to conduct specialty clinics;

(4) physicians who come to the state to provide emergency medical care or emergency mental health care, except under an emergency courtesy license as provided in (j) of this section, if

(A) the patients do not pay or give a fee or other remuneration; and

(B) the services are provided as part of an organized response to a disaster emergency

(i) that the governor has declared under AS 26.23.020; and

(ii) in which extensive injuries or deaths have occurred;

(5) physicians who will be working in a supervised hospital fellowship; and

(6) physicians who are coming into the state accompanying an employer-patient for the duration of the employer-patient's visit to the state and whose practice while in the state is limited to care of the employer-patient and accompanying family and staff.

(c) If a courtesy license is issued under (b)(5) of this section, the supervising physician shall notify the board in writing of any termination of or change to the supervisory relationship with the courtesy license holder. The supervising physician's responsibility continues until the board receives the written notice of termination or change.

(d) The board, a member of the board, the executive secretary, or the board's designee may issue a courtesy license to an applicant who

(1) submits a complete application on a form provided by the department;

(2) pays the application and licensing fees required under 12 AAC 02.250;

(3) submits verification of a current license to practice medicine in good standing and not under investigation in the state or territory, or a province of Canada in which the applicant resides;

(4) submits a description of the circumstances under which the applicant will be practicing, including the name and license number of the supervising physician if the applicant is working in a supervised hospital fellowship;

(5) submits a description of the scope of medical practice required to perform the duties for which the courtesy license is issued; the description must include the practice location, duration of practice, and patient population to be seen; the applicant must demonstrate that the scope of medical practice is for a limited purpose set out in (b) of this section;

(6) submits a signed authorization for the release of records;

(7) submits a certified true copy of an accredited medical school diploma or direct source verification of successful completion of medical school;

(8) submits direct source verification of the applicant's completion of post-graduate training;

(9) submits a Federation of State Medical Boards' Board Action Data Bank clearance report; and

(10) receives clearance from the National Practitioner Data Bank.

(e) A courtesy license is valid only for the shorter of the following periods:

(1) the duration of the activity as listed in (b) of this section;

(2) a period not to exceed

(A) one year after the date the courtesy license is issued under (b)(1) - (b)(3) or (b)(5) - (b)(6) of this section; or

(B) for an emergency courtesy license, six months with a six-month extension upon request, if issued under (j) of this section, or the board has determined the urgent situation no longer requires an emergency courtesy license.

(f) A courtesy license holder is subject to all relevant provisions of AS 08.64, this chapter, and any other statutes or regulations governing the practice of medicine and the prescription of drugs in this state.

(g) A courtesy license holder may not use a courtesy license

(1) for purposes of locum tenens coverage;

(2) to serve in place of a temporary license; or

(3) for purposes of employment consideration.

(h) Notwithstanding (a), (b), or (d) of this section, the board may refuse to issue a courtesy license for the same reasons that it may impose disciplinary sanctions against a licensee under AS 08.64.326.

(i) Notwithstanding (d) of this section, an applicant for a courtesy license may submit the credentials verification documents through the Federation Credentials Verification Service (FCVS) of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.

(j) The board may determine that there exists an urgent situation that requires issuance of an emergency courtesy license. In an urgent situation, the board, executive administrator, or the board's designee may issue an emergency courtesy license under this subsection to an applicant who practices medicine or osteopathy, or who practices as a physician assistant to provide emergency medical or mental health care within the scope and duration of the declared urgent situation. A courtesy license may be issued under this subsection to a person who

(1) holds a current, unencumbered license to practice as a physician, osteopath, or physician assistant in another jurisdiction, or holds a retired license under AS 08.64.276 that has been issued less than two years;

(2) submits a completed application on a form provided by the department, and

(A) if a physician or osteopath,

(i) verification of a current license to practice medicine or osteopathy in good standing and not under investigation in the jurisdiction in which the applicant resides, or verification of a retired license issued under AS 08.64.276;

(ii) clearance from the Federation of State Medical Boards;

(iii) clearance from the National Practitioner Data Bank; and

(iv) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;

(B) if a physician assistant,

(i) verification of a current license to practice medicine in good standing and not under investigation in the jurisdiction in which the applicant resides;

(ii) clearance from the Federation of State Medical Boards;

(iii) clearance from the National Practitioner Data Bank; and

(iv) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;

(k) The board may refuse to issue a courtesy license or an emergency courtesy license for the same reasons it may deny, suspend, or revoke a license under AS 08.64.326.

(l) In this section, "urgent situation" means a health crisis affecting all or part of the state that requires increased availability of healthcare providers licensed under this chapter.

History

Authority: AS 08.01.062; AS 08.64.100; AS 08.64.240
Eff. 5/1/94, Register 130; am 8/9/95, Register 135; am 12/18/2001, Register 160; am 10/8/2017, Register 224; am 12/25/2019, Register 232; em am 4/21/2020 - 8/18/2020, Register 234; am 11/16/2020, Register 236; am 5/5/2023, Register 246; am 8/30/2024, Register 251

12 AAC 40.046 Temporary military courtesy license

(a) The board, executive secretary, or board's designee will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice medicine, osteopathy, podiatry or as a physician assistant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit an application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must hold a current license that is not restricted, suspended or revoked in any jurisdiction that authorizes the applicant to practice as a physician, osteopath, podiatrist, or physician assistant in the licensing jurisdiction; and

(5) if a physician, podiatrist, or osteopath, must submit

(A) verification of a current license to practice medicine, podiatry, or osteopathy in good standing and not under investigation by the licensing authority of another jurisdiction;

(B) clearance from the Federation of State Medical Boards;

(D) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;

(6) if a physician assistant, must submit

(A) verification of a current license to practice medicine in good standing and not under investigation in the jurisdiction in which the applicant resides;

(B) clearance from the Federation of State Medical Boards;

(D) a true and correct attestation whether the applicant has been the subject of a revoked or restricted DEA registration;

(d) A temporary military courtesy license holder is subject to all relevant provisions of AS 08.64, this chapter, and any other statutes or regulations governing the practice of medicine and the prescription of drugs in this state.

(e) The board may refuse to issue a temporary military courtesy license or an emergency courtesy license for the same reasons it may deny, suspend, or revoke a license under AS 08.64.326.

History

Authority: AS 08.01.062; AS 08.64.100; AS 08.64.240 AS 08.01.063; AS 08.64.101
Eff. 9/25/2022, Register 243; am 8/30/2024, Register 251

12 AAC 40.050 Biographical data

Repealed.

History

Eff. 8/29/73, Register 47; am 3/30/84, Register 89; am 5/18/85, Register 94; am 8/2/86, Register 99; am 5/1/94, Register 130; repealed 8/30/2024, Register 251

12 AAC 40.055 Interview

(a) An applicant for a license or permit regulated by the board shall be interviewed in accordance with AS 08.64.255 or AS 08.64.279 if additional information from the applicant is necessary for the board to determine whether the applicant meets the qualifications in AS 08.64 and this chapter for the license or permit the applicant seeks.

(b) In determining whether an interview is required, the board or a member of the board will consider the information provided by the applicant on the completed application form and

(1) the applicant's disciplinary history with any medical board, licensing agency, credentialing authority, medical or professional school, internship program, residency program, or military authority;

(2) the applicant's charges or convictions of a felony, misdemeanor, or violation of a law, statute, or regulations of this or another jurisdiction, including the United States or another country, that relate to the grounds for the applicable license or permit denial or imposition of disciplinary sanctions under AS 08.64 or this chapter; the applicant's charges or convictions

(A) include those crimes involving alcohol or narcotics or other controlled substances; but

(B) exclude minor traffic violations;

(3) the applicant's mental, emotional, or physical fitness to practice in a profession regulated by the board under the standards established for the applicable license or permit denial or imposition of disciplinary sanctions under AS 08.64 or this chapter; the board will limit inquiry of the applicant's personal history under this paragraph to information concerning the five years immediately before the date of application;

(4) the applicant's history of negotiated settlements, judgments, or awards in claims or civil actions alleging medical or professional malpractice against the applicant;

(5) the information obtained from a disciplinary data bank regarding the applicant;

(6) the information supplied by the applicant's medical or professional school;

(7) the information received from the program in which the applicant completed post graduate training; and

(8) the information received from other licensing jurisdictions regarding the applicant's professional license status and history.

History

Authority: AS 08.64.100; AS 08.64.255 AS 08.64.240; AS 08.64.279
Eff. 4/10/88, Register 106; am 8/17/97, Register 143

12 AAC 40.058 Review of applications

(a) An applicant who meets the requirements on the appropriate checklist established in this section has demonstrated the necessary qualifications for the temporary permit, residency permit, courtesy license, or physician license applied for and will be approved by the board, executive secretary, or the board's designee for issuance of that license or permit. An applicant who does not meet the requirements on the appropriate checklist in this section for that permit or license will not be issued a permit or license unless the board further reviews the application and determines that the applicant meets the qualifications in AS 08.64 and this chapter for the permit or license applied for.

(b) The form titled Alaska State Medical Board Checklist - Physician, dated April 2019, is adopted by reference. This form is established by the board for the use by the executive secretary or a person designated by the board in completing the application processing for a temporary permit under AS 08.64.270 or a podiatrist license under AS 08.64.209; this form is also used by a board member or the executive secretary in completing the application processing for a physician or osteopath license under AS 08.64.230, or a podiatrist license under AS 08.64.209.

(c) The form titled Alaska State Medical Board Checklist - Resident Permit, dated February 2018, is adopted by reference. This form is established by the board for the use by the executive secretary in completing the application processing for a residency permit under AS 08.64.272.

(d) The form titled Alaska State Medical Board Courtesy License Checklist, dated February 2018, is adopted by reference. This form is established by the board for the use by the executive secretary in completing the application processing for a courtesy license under AS 08.01.062 and 12 AAC 40.045.

(e) The form titled Alaska State Medical Board Checklist - Locum Tenens Permit, dated April 2019, is adopted by reference. This form is established by the board for the use by a board member, the executive secretary, or a person designated by the board in completing the application processing for a temporary permit for locum tenens practice under AS 08.64.275.

History

Authority: AS 08.01.062; AS 08.64.205; AS 08.64.272 AS 08.64.075; AS 08.64.209; AS 08.64.279 AS 08.64.100; AS 08.64.255 AS 08.64.200; AS 08.64.270
Eff. 4/10/88, Register 106; am 8/17/97, Register 143; am 6/15/2001, Register 158; am 9/5/2002, Register 163; am 3/27/2003, Register 165; am 10/14/2006, Register 180; am 3/4/2007, Register 181; am 5/8/2013, Register 206; am 8/17/2018, Register 227; am 12/25/2019, Register 232

Article 2 Abortions

12 AAC 40.060 Termination of pregnancy

Termination of pregnancy must be requested by the pregnant woman.

History

Authority: AS 08.64.100; AS 08.64.105
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 7/19/2017, Register 223

12 AAC 40.070 Informed consent

A written informed consent that complies with AS 18.16.060 shall be obtained from the patient. The written informed consent shall be on the patient's chart. The patient shall be advised of the medical implications and the possible emotional and physical sequelae of the procedure.

History

Authority: AS 08.64.100; AS 08.64.105
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 7/19/2017, Register 223

12 AAC 40.080 Medical procedures

The patient shall be examined by a physician licensed in this state, and a written record of the patient's physical and emotional health shall be prepared before performing an abortion.

History

Authority: AS 08.64.100; AS 08.64.105
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 7/19/2017, Register 223

12 AAC 40.090 Evaluation

The attending physician shall make an evaluation of the patient and an estimation of the duration of gestation based upon the patient's history, examination and test results. This information shall be recorded on the patient's chart.

History

Authority: AS 08.64.105
Eff. 12/20/70, Register 36

12 AAC 40.100 Consultation requirements

Repealed 7/19/2017.

History

Eff. 12/20/70, Register 36; am 8/29/73, Register 47; repealed 7/19/2017, Register 223

12 AAC 40.110 Abortion procedures

The procedures described in the Clinical Management Guildelines for Obstetrician - Gynecologists: Second-Trimester Abortion Practice Bulletin Number 135, dated June 2013 and reaffirmed 2015, of the American College of Obstetricians and Gynecologists are adopted by reference as the standard of practice when providing an abortion after the first trimester.

History

Authority: AS 08.64.100; AS 08.64.105
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 7/19/2017, Register 223

12 AAC 40.120 Standards for hospitals and facilities

(a) During the second or third trimester of a pregnancy, abortions shall be performed under sterile conditions. A bed and a registered nurse shall be available for a minimum recovery period of one-half hour. A registered nurse shall be present during the procedure.

(b) From and after the point in time when a fetus becomes viable, as determined by those medical examinations and tests that in the physician's professional judgment are necessary, an abortion may only be performed at a hospital with a neonatal intensive care unit (NICU).

History

Authority: AS 08.64.100; AS 08.64.105
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 7/19/2017, Register 223

12 AAC 40.130 Records

In accord with 12 AAC 40.940, during the second or third trimester of a pregnancy, the attending physician shall record a medical history, findings of the physical examination, operative report of the abortion procedure, and pathology report as part of the clinical record to be maintained by the hospital or facility. The physician and hospital or facility shall treat the patient's identity and medical record as confidential information.

History

Authority: AS 08.64.100; AS 08.64.105
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 7/19/2017, Register 223

12 AAC 40.140 Limitation

A fetus that has not developed beyond 150 days after the first day of the last menstrual period may be considered non-viable. In the performance of an abortion after that date, the physician shall be guided by a reasonable judgment as to whether the fetus is viable in fact.

History

Authority: AS 08.64.100; AS 08.64.105
Eff. 12/20/70, Register 36; am 8/29/73, Register 47; am 7/19/2017, Register 223

Article 3 Continuing Medical Education

12 AAC 40.200 General requirements

(a) A physician, osteopath, or podiatrist seeking renewal of a license shall obtain

(1) an average of 25 credit hours of continuing medical education during each year of the previous license period; and

(2) at least two of the total hours required to qualify for renewal must be education in pain management and opioid use and addiction, unless the licensee provides a certification under 12 AAC 40.220 that the licensee does not currently hold a valid federal Drug Enforcement Administration registration number.

(b) If a licensee fails to meet continuing medical education requirements due to illness or other extenuating circumstances, the licensee may request an extension of time in order to comply with those requirements. The request for an extension must be made on the licensee's application for license renewal. The board, or its designee, will only consider a request for extension if the licensee also agrees to enter into a memorandum of agreement with the board that specifies the date within the licensing period by which the licensee will meet the continuing education requirements and the licensee's agreement to voluntarily surrender the license to the board if the licensee fails to comply with the memorandum of agreement. The board, or its designee, will evaluate the request and proposed memorandum of agreement on an individual basis. If approved, the board, or its designee, will grant the extension of time and issue the renewed license for the next licensing period, effective from the date of the approval of the agreement.

History

Authority: AS 08.01.100; AS 08.64.100 AS 08.64.075; AS 08.64.312
Eff. 10/8/81, Register 80; am 1/16/99, Register 149; am 8/9/2000, Register 155; am 3/27/2003, Register 165; am 10/14/2006, Register 180; am 8/17/2018, Register 227

12 AAC 40.210 Credit hours

(a) Except as provided in (b) of this section, a licensee may meet the continuing medical education requirements set out in 12 AAC 40.200(a) only by obtaining

(1) credit hours in a Category I continuing medical education program accredited by the American Medical Association;

(2) Category I or II continuing medical education hours accredited by the American Osteopathic Association; or

(3) continuing medical education hours earned from providers that are approved by the Council on Podiatric Medical Education.

(b) The board will accept the following as the equivalent of the credit hours required under 12 AAC 40.200(a)(1):

(1) a current physician's recognition award from the American Medical Association, American Podiatry Association, American Osteopathic Association, or a recognized subspecialty board; or

(2) initial certification or recertification during the concluding licensing period by a specialty board recognized by the American Medical Association or the American Osteopathic Association; or

(3) participation in a residency program during the concluding licensing period.

History

Authority: AS 08.64.100; AS 08.64.312
Eff. 10/8/81, Register 80; am 5/1/94, Register 130; am 3/27/2003, Register 165; am 10/14/2006, Register 180; am 8/17/2018, Register 227

12 AAC 40.220 Certification of compliance

(a) A licensee shall submit, upon a form supplied by the board, a signed statement of compliance with the continuing medical education requirement at the time the licensee applies for license renewal.

(b) The board or its designee will, in the board's or the board designee's discretion, require a licensee to submit additional evidence of compliance with the continuing medical education requirement. The licensee shall maintain evidence of compliance.

(c) The board or its designee will, in the board's or the board designee's discretion, audit the statements of compliance and additional evidence submitted under (a) and (b) of this section. If, upon audit, the board or its designee determines that the statement of compliance contained misstatements and that the licensee had not met continuing medical education requirements set out in 12 AAC 40.200 and 12 AAC 40.210 by the time that the statement of compliance was signed, the board or its designee will consider the licensee as securing a license through intentional misrepresentation under AS 08.64.326(a)(1). Nothing in this subsection precludes that board from finding other grounds for imposition of disciplinary sanctions under AS 08.64.326 based on the conduct described in this subsection.

History

Authority: AS 08.64.075; AS 08.64.312 AS 08.64.100; AS 08.64.326
Eff. 10/8/81, Register 80; am 5/16/98, Register 146; am 1/16/99, Register 149; am 8/9/2000, Register 155

12 AAC 40.230 Unprofessional conduct

Relocated.

12 AAC 40.240 Exemption from continuing medical education requirements

For the purposes of exempting a licensee from meeting the continuing medical education requirements in a licensing period, extenuating circumstances are those circumstances, beyond the licensee's control, that prevent the licensee from meeting the continuing medical education requirements. Extenuating circumstances include the licensee's debilitating or long-term personal illness or injury and the debilitating or long-term illness or injury of a member of the licensee's immediate family.

History

Authority: AS 08.64.100; AS 08.64.101; AS 08.64.312
Eff. 8/9/2000, Register 155

Eff. 5/11/85, Register 94; repealed 5/5/2023, Register 246

12 AAC 40.330 Persons currently practicing as mobile intensive care paramedics

Repealed 8/25/90.

12 AAC 40.340 License issuance and expiration

Repealed.

History

Eff. 1/13/80, Register 73; repealed 5/5/2023, Register 246

12 AAC 40.350 Renewal of license

Repealed.

History

Authority: AS 08.01.100; AS 08.64.100; AS 08.64.107
Eff. 1/13/80, Register 73; am 8/20/87, Register 103; am 8/24/90, Register 115; am 6/15/2001, Register 158; am 4/2/2004, Register 169; am 10/14/2006, Register 180; am 7/25/2008, Register 187; am 5/8/2013, Register 206; am 8/17/2018, Register 227; repealed 5/5/2023, Register 246

12 AAC 40.352 Lapsed mobile intensive paramedic licenses

Repealed.

History

Eff. 8/20/87, Register 103; am 8/24/90, Register 115; am 6/15/2001, Register 158; repealed 5/5/2023, Register 246

12 AAC 40.355 Temporary permits

Repealed.

History

Eff. 5/11/85, Register 94; am 8/24/90, Register 115; am 12/25/2019, Register 232; repealed 5/5/2023, Register 246

12 AAC 40.356 Provisional license

Repealed.

History

Eff. 5/11/85, Register 94; am 8/2/86, Register 99; am 8/24/90, Register 115; repealed 7/1/2022, Register 246

12 AAC 40.360 Grounds for suspension, revocation or refusal to issue a license

Repealed.

History

Eff. 1/13/80, Register 73; am 8/24/90, Register 115; repealed 5/5/2023, Register 246

12 AAC 40.370 Scope of authorized activities

Repealed.

History

Eff. 1/13/80, Register 73; am 8/24/90, Register 115; am 9/9/2010, Register 195; repealed 5/5/2023, Register 246

12 AAC 40.380 Prohibited acts

Repealed.

History

Eff. 1/13/80, Register 73; repealed 5/5/2023, Register 246

12 AAC 40.390 Identification

Repealed.

History

Eff. 1/13/80, Register 73; am 8/24/90, Register 115; repealed 5/5/2023, Register 246

Article 5 Physician Assistants

12 AAC 40.400 Physician assistant license

(a) An individual who desires to undertake medical diagnosis and treatment or the practice of medicine under AS 08.64.380(6) or AS 08.64.380(7) as a physician assistant

(1) shall apply for a permanent renewable license on a form provided by the department;

(2) shall pay the appropriate fees established in 12 AAC 02.250; and

(3) must be approved by the board.

(b) The application must contain documented evidence of

(1) graduation from a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA) or, before 2001, by its predecessor accrediting agencies the American Medical Association's Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs;

(2) a passing score on the certifying examination administered by the National Commission on Certification of Physician Assistants;

(3) verification of current certification issued by the National Commission on Certification of Physician Assistants (NCCPA);

(4) compliance with continuing medical education standards established by the National Commission on Certification of Physician Assistants;

(5) verification of registration or licensure in all other states where the applicant is or has been registered or licensed as a physician assistant or any other health care professional;

(6) verification of successful completion of a physician assistant program that meets the requirements of (1) of this subsection; that verification must be sent directly from the program to the board;

(7) verification of the applicant's completion of at least two hours of education in pain management and opioid use and addiction earned in a continuing medical education program approved by the National Commission on Certification of Physician assistants (NCCPA), a Category I continuing medical education program accredited by the American Medical Association, or a Category I or II continuing medical education program accredited by the American Osteopathic Association, for an applicant who does not currently hold a valid federal Drug Enforcement Administration registration number, the verification will be waived until the applicant applies for a valid registration number;

(8) clearance from the Board Action Data Bank maintained by the Federation of State Medical Boards; and

(9) clearance from the federal Drug Enforcement Administration (DEA).

(d) Notwithstanding (b) of this section, an applicant for a physician assistant license may submit the credentials verification documents through the Federation Credentials Verification Service (FCVS) of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 1/13/80, Register 73; am 7/4/84, Register 90; am 5/18/85, Register 94; am 8/20/87, Register 103; am 3/12/89, Register 109; am 5/1/94, Register 130; am 6/28/97, Register 142; am 8/9/2000, Register 155; am 6/15/2001, Register 158; am 9/1/2007, Register 183; am 5/8/2013, Register 206; am 10/8/2017, Register 224; am 8/17/2018, Register 227

12 AAC 40.405 Temporary license

(a) A member of the board, the executive secretary, or a person designated by the board to issue temporary permits, may approve a temporary physician assistant license of an applicant who meets the requirements of 12 AAC 40.400 or 12 AAC 40.445 and pays the fee set out in 12 AAC 02.250.

(b) A temporary license is valid for six months or until the board meets and considers the application for a permanent renewable license, whichever occurs first.

(d) Repealed 7/25/2008.

(e) An applicant who meets the requirements on the checklist established in this section has demonstrated the necessary qualifications for the temporary permit applied for and will be approved by the board, the executive secretary, or the board's designee for issuance of that permit. An applicant who does not meet the requirements on the checklist established in this section for that permit will not be issued a temporary permit unless the board further reviews the application and determines that the applicant meets the qualifications in AS 08.64 and this chapter for that permit. The form titled Alaska State Medical Board - Checklist, Temporary Permit for Physician Assistant, dated February 2018, is adopted by reference. This form is established by the board for the use by the executive secretary or another employee of the division in completing the application processing for a temporary permit under this section.

History

Authority: AS 08.64.100; AS 08.64.101; AS 08.64.107
Eff. 9/19/80, Register 76; am 7/4/84, Register 90; am 3/12/89, Register 109; am 6/28/97, Register 142; am 7/25/2008, Register 187; am 5/8/2013, Register 206; am 8/17/2018, Register 227; am 12/25/2019, Register 232

12 AAC 40.406 Locum tenens authorization to practice

Repealed.

History

Eff. 7/4/84, Register 90; am 3/12/89, Register 109; am 6/28/97, Register 142; repealed 9/1/2007, Register 183

12 AAC 40.408 Authorization to practice as a physician assistant

Repealed.

History

Eff. 3/12/89, Register 109; am 6/28/97, Register 142; repealed 9/1/2007, Register 183

12 AAC 40.410 Collaborative relationship and plan

(a) A licensed physician assistant may not practice without at least one collaborative relationship established under this chapter. The collaborative relationship must be documented by a collaborative plan on a form provided by the board and must include

(1) the name, license number, and specialty, if any, for the primary supervising physician and at least one alternate collaborating physician;

(2) the name, place of employment, and both residence and mailing addresses of the physician assistant with whom the physician intends to establish a collaborative relationship;

(3) the beginning date of employment under the collaborative plan and the physical location of practice;

(4) compliance with 12 AAC 40.415 if the practice location is a remote practice location; and

(5) prescriptive authority being granted to the physician assistant by the collaborating physician under the collaborative plan.

(b) The collaborative plan must be filed with the division within 14 days after the effective date of the collaborative plan or within 14 days after the effective date of any change to that plan.

(c) Receipt by the board of the collaborative plan will be considered documented evidence of an established collaborative plan.

(d) Any physician assistant subject to a board order must have their collaborative plan approved by the board or its designee in advance of the effective date of the plan to insure that the collaborative plan conforms to the terms of the order.

(e) A copy of the current plan must be retained at the place of employment specified in the plan and must be available for inspection by the public.

(f) A change in a collaborative plan automatically suspends a licensed physician assistant's authority to practice under that collaborative plan unless the change is only to replace the primary collaborating physician with an existing alternate collaborating physician and at least one alternate collaborating physician remains in place. Any change to collaborating physicians must be reported to the board in accordance with (b) of this section.

(g) Nothing in this section prohibits periodic board review and assessment of the collaborating physician and the collaborative plan.

(h) A physician who wishes to establish a collaborative relationship with a physician assistant must hold a current, active, and unrestricted license to practice medicine in this state and be in active practice of medicine.

(i) The primary collaborating physician shall maintain in the physician's records a copy of each DEA Form 222 official order form submitted by each physician assistant with whom the physician has a collaborative relationship. The primary collaborating physician is responsible for ensuring that the physician assistant complies with state and federal inventory and record keeping requirements.

(j) In this section, "active practice" means at least 200 hours each year of practicing medicine with direct patient contact.

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 1/13/80, Register 73; am 3/12/89, Register 109; am 6/28/97, Register 142; am 9/1/2007, Register 183; am 9/27/2008, Register 187

12 AAC 40.415 Remote practice location

(a) To qualify to practice in a remote practice location, a physician assistant with less than two years of full-time clinical experience must work 160 hours in direct patient care under the direct and immediate supervision of the collaborating physician or alternate collaborating physician. The first 40 hours must be completed before the physician assistant begins practice in the remote practice location, and the remaining 120 hours must be completed within 90 days after the date the physician assistant starts practice in the remote practice location.

(b) A physician assistant with less than two years of full-time clinical experience who practices in a remote practice location and who has a change of collaborating physician must work 40 hours under the direct and immediate supervision of the new collaborating physician within 60 days after the effective date of the new collaborative plan unless the change is only to replace the primary collaborating physician with an existing alternate collaborating physician.

(c) A physician assistant with two or more years of full-time clinical experience who applies for authorization to practice in a remote practice location shall submit with the collaborative plan

(1) a detailed curriculum vitae documenting that the physician assistant's previous experience as a physician assistant is sufficient to meet the requirements of the location assignment; and

(2) a written recommendation and approval from the collaborating physician.

(d) In this section, "remote practice location" means a location in which a physician assistant practices that is 30 or more miles by road from the collaborating physician's primary office.

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 9/1/2007, Register 183

12 AAC 40.420 Currently practicing physician assistant

Repealed.

History

Eff. 1/13/80, Register 73; am 9/27/81, Register 79; am 3/12/89, Register 109; repealed 6/28/97, Register 142

12 AAC 40.430 Performance and assessment of practice

(a) A person may perform medical diagnosis and treatment as a physician assistant only if licensed by the board and only within the scope of practice of the collaborating physician.

(b) A periodic method of assessment of the quality of practice must be established by the collaborating physician. In this subsection, "periodic method of assessment" means evaluation of medical care and clinic management.

(d) Repealed 3/27/2003.

(e) Assessments must include annual direct personal contact between the physician assistant and the primary or alternate collaborating physician, at either the physician or physician assistant's work site. The collaborating physician shall document the evaluation on a form provided by the department.

(f) Except as provided in (h) of this section, collaborative plans in effect for less than two years must include at least one direct personal contact visit with the primary or alternate collaborating physician per calendar quarter for at least four hours duration.

(g) Except as provided in (h) of this section, collaborative plans in effect for two years or more must include at least two direct personal contact visits with the primary or alternate collaborating physician per year. Each visit must be of at least four hours duration and must be at least four months apart.

(h) Physician assistants who practice under a collaborative plan for a continuous period of less than three months of each year must have at least one direct personal contact visit with the primary or alternate collaborating physician annually.

(i) Collaborative plans, regardless of duration, must include at least monthly telephone, radio, electronic, or direct personal contact between the physician assistant and the primary or alternate collaborating physician during the period in which the physician assistant is actively practicing under the collaborative plan. Dates of active practice under the collaborative plan and monthly contact must be documented.

(j) Contacts, whether direct personal contact or contact by telephone, radio, or other electronic means, must include reviews of patient care and review of health care records.

(k) The primary collaborating physician shall maintain records of performance assessments. The board may audit those records.

(l) The primary collaborating physician shall maintain on file the completed records of assessment form for at least seven years after the date of the evaluation.

(m) If an alternate collaborating physician performs the evaluation, copies of the record of assessment must be provided to the primary collaborating physician for retention in the primary collaborating physician's records.

(n) The board's executive secretary may initiate audits of performance assessment records. In any one calendar year, the performance assessment records of not more than 10 percent of the actively licensed physician assistants, selected randomly by computer, will be audited. For each audit,

(1) the collaborating physician shall produce records of assessment for the past two calendar years immediately preceding the year of audit; and

(2) if the collaborative plan has been in effect for at least one year, but less than two years, only one year of records will be audited; collaborative plans of less than one year's duration will not be audited.

(o) Repealed 5/8/2013.

(p) Repealed 5/8/2013.

(q) Repealed 5/8/2013.

(r) During an urgent situation as determined by the board, direct personal contact as required under this section may be met by audio and video means; "urgent situation" has the meaning given in 12 AAC 40.045.

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 1/13/80, Register 73; am 7/11/81, Register 79; am 7/4/84, Register 90; am 3/12/89, Register 109; am 6/28/97, Register 142; am 3/27/2003, Register 165; am 9/1/2007, Register 183; am 5/8/2013, Register 206; am 12/8/2020, Register 237; am 3/26/2021, Register 237; am 11/18/2021, Register 240

12 AAC 40.440 Student physician assistant permit

Repealed.

History

Eff. 1/13/80, Register 73; am 9/30/81, Register 79; am 3/12/89, Register 109; repealed 8/17/97, Register 143

12 AAC 40.445 Graduate physician assistant license

(a) An applicant for a license to practice as a graduate physician assistant

(1) shall apply on a form provided by the department;

(2) shall pay the fees established in 12 AAC 02.250; and

(3) must be approved by the board.

(b) The application must include

(1) evidence of having graduated from a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA) or, before 2001, by its predecessor accrediting agencies the American Medical Association's Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs; and

(2) evidence of having been accepted to take the next entry level examination of the National Commission on Certification of Physician Assistants, Inc. (NCCPA) for initial certification.

(c) A graduate physician assistant license is automatically suspended on the date the board receives notice that the applicant failed to pass the NCCPA certifying examination required under (b)(2) of this section.

(d) Upon request, the board will reissue a graduate physician assistant license only if the licensee was prevented from taking a scheduled examination.

(e) A licensed graduate physician assistant must be under the continuous on-site supervision of a physician assistant licensed in this state or a physician licensed in this state.

(f) When licensed, the licensee shall display a nameplate designating that person as a "graduate physician assistant."

(g) Notwithstanding (b) of this section, an applicant for a graduate physician assistant license may submit the credentials verification documents through the Federation Credentials Verification Service (FCVS) of the Federation of State Medical Boards of the United States, Inc., sent directly to the department from FCVS.

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 3/12/89, Register 109; am 6/28/97, Register 142; am 9/1/2007, Register 183; am 10/8/2017, Register 224

12 AAC 40.447 Authorization to practice as a graduate physician assistant

Repealed.

History

Eff. 3/12/89, Register 109; am 6/28/97, Register 142; repealed 9/1/2007, Register 183

12 AAC 40.450 Authority to prescribe, order, administer, and dispense medications

(a) A physician assistant who prescribes, orders, administers, or dispenses controlled substances must

(1) have a current Drug Enforcement Administration (DEA) registration number, valid for that handling of that controlled substance on file with the department; and

(2) comply with 12 AAC 40.976.

(b) Repealed 9/1/2007.

(c) A physician assistant with a valid DEA registration number may order, administer, dispense, and write a prescription for a schedule II, III, IV, or V controlled substance only with the authorization of the physician assistant's primary collaborating physician. The authorization must be documented in the physician assistant's current collaborative plan on file with the division.

(d) The physician assistant's authority to prescribe may not exceed that of the primary collaborating physician as documented in the collaborative plan on file with the division.

(e) A physician assistant with a valid DEA registration number may request, receive, order, or procure schedule II, III, IV, or V controlled substance supplies from a pharmaceutical distributor, warehouse, or other entity only with the authorization of the physician assistant's primary collaborating physician. If granted this authority, the physician assistant is responsible for complying with all state and federal inventory and record keeping requirements. The authorization must be documented in the physician assistant's current collaborative plan on file with the division. Within 10 days after the date of issue on the form, the physician assistant shall provide to the primary collaborating physician a copy of each DEA Form 222 official order form used to obtain controlled substances.

(f) A physician assistant may prescribe, order, administer, or dispense a medication that is not a controlled substance only with the authorization of the physician assistant's primary collaborating physician. The authorization must be documented in the physician assistant's current collaborative plan on file with the division.

(g) A graduate physician assistant licensed under this chapter may not prescribe, order, administer, or dispense a controlled substance.

(h) Termination of a collaborative plan terminates a physician assistant's authority to prescribe, order, administer, and dispense medication under that plan.

(i) A prescription written under this section by a physician assistant must include the

(1) primary collaborating physician's name;

(2) primary collaborating physician's DEA registration number;

(3) physician assistant's name; and

(4) physician assistant's DEA registration number.

(j) In this section, unless the context requires otherwise,

(1) "order" means writing instructions on an order sheet to dispense a medication to a patient from an on-site pharmacy or drug storage area; for purposes of this paragraph, "on-site pharmacy" means a secured area that provides for the storage and dispensing of controlled substances and other drugs and is located in the facility where the physician assistant is practicing;

(2) "prescription" means a written document regarding a medication prepared for transmittal to a licensed pharmacy for the dispensing of the medication;

(3) "schedule," used in conjunction with a controlled substance, means the relevant schedule of controlled substances under 21 U.S.C. 812 (Sec. 202, Federal Controlled Substances Act).

History

Authority: AS 08.64.100; AS 08.64.107; AS 17.30.200
Eff. 1/13/80, Register 73; am 3/12/89, Register 109; am 4/27/97, Register 142; am 6/28/97, Register 142; am 3/16/98, Register 146; am 12/16/99, Register 152; am 10/14/2006, Register 180; am 9/1/2007, Register 183; am 3/7/2021, Register 237

12 AAC 40.460 Identification

A licensed physician assistant authorized to practice shall conspicuously display on the licensee's clothing a nameplate identifying the physician assistant as a "Physician Assistant-Certified (PA-C)" and shall display at the licensee's customary place of employment

(1) a current state license; and

(2) a sign at least five by eight inches informing the public that documents showing the licensed physician assistant's education and a copy of the current collaborative plan on file with the division are available for inspection.

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 1/13/80, Register 73; am 3/12/89, Register 109; am 6/28/97, Register 142; am 9/1/2007, Register 183

12 AAC 40.470 Renewal of a physician assistant license

(a) A physician assistant license must be renewed biennially on the date set by the department.

(b) An application for renewal must be made on the form provided by the department and must include

(1) payment of the renewal fee established in 12 AAC 02.250;

(2) documented evidence that the applicant has met the continuing medical education and recertification requirements of the NCCPA, including the NCCPA recertification examination, and is currently certified by NCCPA;

(3) verification on a form provided by the department of each authorization to practice issued before September 1, 2007 under which the physician assistant is practicing.

History

Authority: AS 08.64.100; AS 08.64.107; AS 08.64.315
Eff. 1/13/80, Register 73; am 5/18/85, Register 94; am 3/12/89, Register 109; am 6/28/97, Register 142; am 9/1/2007, Register 183

12 AAC 40.473 Inactive physician assistant license

(a) A physician assistant who is not practicing in the state may hold an inactive license that may be renewed.

(b) A physician assistant may apply for an inactive license at the time of license renewal by

(1) indicating on the form for license renewal that the physician assistant is requesting an inactive license; and

(2) paying the inactive biennial license fee established in 12 AAC 02.250.

(d) A physician assistant licensed as inactive who wishes to resume active practice as a physician assistant in the state must

(1) submit a completed renewal application form indicating request for reactivation;

(2) pay the physician assistant biennial license renewal fee established in 12 AAC 02.250, less any inactive license fee previously paid for the same licensing period;

(3) submit a copy of a current certificate issued by the National Commission of Certification of Physician Assistants; and

(4) request a clearance report from the Federation of State Medical Boards's Board Action Data Bank be sent directly to the board.

(e) Notwithstanding (a) and (b) of this section, the board may refuse to reactivate a physician assistant authorization for the same reasons that it may impose disciplinary sanctions against a licensee under AS 08.64.326 and this chapter.

History

Authority: AS 08.64.100; AS 08.64.240 AS 08.64.107; AS 08.64.313
Eff. 6/28/97, Register 142; am 9/30/2001, Register 159; am 9/1/2007, Register 183

12 AAC 40.475 Lapsed physician assistant license

(a) A physician assistant license that has been lapsed for at least 60 days but less than one year will be reinstated if the applicant submits

(1) a complete renewal application form;

(2) documentation that the continuing medical education requirements of 12 AAC 40.470(b)(2) have been met; and

(3) the renewal fees required by 12 AAC 02.250.

(b) A physician assistant license that has been lapsed for at least one year but less than five years will be reinstated if the applicant submits

(1) a complete renewal application on a form provided by the department;

(2) documentation that the continuing medical education requirements of 12 AAC 40.470(b)(2) have been met for the entire period that the authorization has been lapsed;

(3) verification of licensure from the appropriate licensing authority in each state, territory, or province where the applicant holds or has ever held a license as a physician assistant or other health care professional;

(4) clearance from the Federation of State Medical Boards sent directly to the division;

(5) clearance from the federal Drug Enforcement Administration (DEA); and

(6) the applicable fees required in 12 AAC 02.250.

(c) Notwithstanding (a) and (b) of this section, the board may refuse to reinstate a physician assistant license for the same reasons that it may impose disciplinary sanctions against a licensee under AS 08.64.326 and this chapter.

History

Authority: AS 08.01.100; AS 08.64.100; AS 08.64.107
Eff. 8/20/87, Register 103; am 6/15/2001, Register 158; am 9/1/2007, Register 183

12 AAC 40.480 Exemptions

(a) Nothing in this chapter prevents or regulates the use of a community health aide in the usual and customary manner in the rural areas of the State of Alaska.

(b) Nothing in this chapter regulates, restricts, or alters the functions of a person traditionally employed in an office, by a physician, performing duties not regulated by the State Medical Board under AS 08.64.

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 1/13/80, Register 73; am 7/11/81, Register 79; am 12/25/2019, Register 232

12 AAC 40.490 Grounds for suspension, revocation, or denial of license

The board, after compliance with the Administrative Procedure Act (AS 44.62), will, in its discretion, suspend, revoke, or deny the license of a physician assistant who

(1) fails to pay the fees established in 12 AAC 02.250;

(2) has obtained, or attempted to obtain, a license or authorization to practice as a physician assistant by fraud, deceit, material misrepresentation, or false statement;

(3) habitually abuses alcoholic beverages, or illegally uses depressants, hallucinogenic or stimulant drugs as defined by AS 17.12.150(3), or uses narcotic drugs as defined by AS 17.10.230(13);

(4) consistently fails to comply with 12 AAC 40.460;

(5) practices without the required collaborative plan as required by 12 AAC 40.410;

(6) represents or uses any signs, figures, or letters to represent himself or herself as a physician, surgeon, doctor, or doctor of medicine;

(7) violates any section of this chapter;

(8) is found to have demonstrated professional incompetence as defined in 12 AAC 40.970;

(9) in a clinical setting,

(A) fails to clearly identify oneself as a physician assistant to a patient;

(B) uses or permits to be used on the physician assistant's behalf the term "doctor," "Dr.," or "doc"; or

(10) practices without maintaining certification by the National Commission on Certification of Physician Assistants (NCCPA).

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 1/13/80, Register 73; am 9/30/81, Register 79; am 8/20/87, Register 103; am 3/12/89, Register 109; am 6/28/97, Register 142; am 9/1/2007, Register 183; am 9/9/2010, Register 195; am 5/8/2013, Register 206

Article 6 General Provisions

12 AAC 40.905 Meeting

(a) Subject to available funds and considerations of travel costs, the board may hold at least four in-person meetings each year at times and places designated by the board, in as many separate geographical areas of the state as possible.

(b) Subject to available funds and considerations of travel costs, special meetings may be held upon the call of the president or a majority of the members of the board, at the time and place as may be designated in the call.

History

Authority: AS 08.64.085; AS 08.64.100; AS 08.64.101
Eff. 12/25/2019, Register 232

12 AAC 40.910 Delegation of authority to the board's designee

(a) At least once each year, at a scheduled meeting of the board, the board will take formal action to identify the board's primary designee to perform duties that may be delegated to that designee under AS 08.64. The board will identify an alternative designee, either a single board member, the executive secretary, or another employee of the division who may act as the board's designee in the absence of the primary designee.

(b) The board may designate another employee of the division to issue temporary permits to applicants who meet the requirements of 12 AAC 40.035, 12 AAC 40.036, 12 AAC 40.058, or 12 AAC 40.405.

History

Authority: AS 08.64.075; AS 08.64.100; AS 08.64.101
Eff. 8/9/2000, Register 155; am 12/25/2019, Register 232; repealed 5/5/2023, Register 246; am 5/5/2023, Register 246

12 AAC 40.920 Standards for delegation of routine duties

(a) A physician, podiatrist, osteopath, or physician assistant licensed under AS 08.64 may delegate the performance of routine medical duties to an agent of the physician, podiatrist, osteopath, or physician assistant, if the following conditions are met:

(1) the duty to be delegated must be within the scope of practice of the delegating physician, podiatrist, osteopath, or physician assistant;

(2) a licensed physician, podiatrist, osteopath, or physician assistant must assess the patient's medical condition and needs to determine if a duty for that patient may be safely delegated;

(3) the patient's medical condition must be stable and predictable;

(4) the person to whom the duty is to be delegated has received the training needed to safely perform the delegated duty, and this training has been documented;

(5) the delegating physician, podiatrist, osteopath, or physician assistant determines that the person to whom a duty is to be delegated is competent to perform the delegated duty correctly and safely and accepts the delegation of the duty and the accountability for carrying out the duty correctly;

(6) performance of the delegated duty would not require the person to whom it is delegated to exercise professional medical judgment or have knowledge of complex medical skills;

(7) the delegating physician, podiatrist, osteopath, or physician assistant provides to the person, with a copy maintained on record, written instructions that include

(A) a clear description of the procedure to follow to perform each task in the delegated duty;

(B) the predicted outcomes of the delegated task;

(C) procedures for observing, reporting, and responding to side effects, complications, or unexpected outcomes in the patient; and

(D) the procedure to document the performance of the duty in the patient's record.

(b) A physician, podiatrist, osteopath, or physician assistant who has delegated a routine duty to another person shall provide appropriate direction and supervision of the person, including the evaluation of patient outcomes. Another physician, podiatrist, osteopath, or physician assistant may assume delegating responsibilities from the delegating physician, podiatrist, osteopath, or physician assistant if the substitute physician, podiatrist, osteopath, or physician assistant has assessed the patient, the skills of the person to whom the delegation was made, and the plan of care. Either the original or substitute delegating physician, podiatrist, osteopath, or physician assistant shall remain readily available for consultation by the person to whom the duty is delegated, either in person or by telecommunication.

(c) The delegation of a routine duty to another person under this section is specific to that person and for that patient, and does not authorize any other person to perform the delegated duty.

(d) The physician, podiatrist, osteopath, or physician assistant who delegated the routine duty to another person remains responsible for the quality of the medical care provided to the patient.

(e) Routine medical duties that may be delegated to another person under the standards set out in this section means duties that

(1) occur frequently in the daily care of a patient or group of patients;

(2) do not require the person to whom the duty is delegated to exercise professional medical knowledge or judgment;

(3) do not require the exercise of complex medical skills;

(4) have a standard procedure and predictable results; and

(5) present minimal potential risk to the patient.

(f) Duties that require the exercise of professional medical knowledge or judgment or complex medical skills may not be delegated. Duties that may not be delegated include

(1) the assessment of the patient's medical condition, and referral and follow-up;

(2) formulation of the plan of medical care and evaluation of the patient's response to the care provided;

(3) counseling of the patient and the patient's family or significant others regarding the patient's health;

(4) transmitting verbal prescription orders, without written documentation, from the patient's health care provider;

(5) duties related to pain management and opioid use and addiction;

(6) the initiation, administration, and monitoring of intravenous therapy, including blood or blood products;

(7) the initiation administration, and monitoring of procedural sedation;

(8) assessing sterile wound or decubitus ulcer care;

(9) managing and monitoring home dialysis therapy;

(10) oral tracheal suction;

(11) medication management for unstable medical conditions requiring ongoing assessment and adjustment of dosage or timing of administration;

(12) placement and administration of nasogastric tubes and fluids;

(13) initial assessment and management of newly-placed gastrostomy tubes and the patient's nutrition; and

(14) the administration of injectable medications, unless

(A) it is a single intramuscular, intradermal, or subcutaneous injection, not otherwise prohibited under 12 AAC 40.967(33); and

(B) all other provisions of this section are met; and

(g) The provisions of this section apply only to the delegation of routine medical duties by a physician, podiatrist, osteopath, or physician assistant licensed under AS 08.64; they do not apply when duties have not been delegated, including when a person is acting

(1) within the scope of the person's own license;

(2) under other legal authority; or

(3) under the supervision of another health care provider licensed under AS 08, who has authority to delegate routine duties.

History

Authority: AS 08.64.100; AS 08.64.170; AS 08.64.380 AS 08.64.106; AS 08.64.326 AS 08.64.107; AS 08.64.336
Eff. 12/25/2019, Register 232

12 AAC 40.930 Requirements for reporting the outcome of malpractice claims or actions

(a) A person licensed under this chapter shall submit to the board a signed, notarized report on a form provided by the department, explaining the outcome of each malpractice claim or action against the licensee in which damages have been or are to be paid, whether by judgement or settlement. Reports shall be submitted to the board within 30 days of the date of the resolution of the claim or action.

(b) Malpractice reports shall include the

(1) name and address of the licensee;

(2) telephone number of the licensee;

(3) date of the occurrence;

(4) summary of the alleged malpractice;

(5) summary of the licensee's response to the allegations;

(6) case, claim, or court number of the malpractice claim or action; if a court action was not filed, the medical record or chart number, and the location of the records relating to the alleged malpractice;

(7) amount of the award or settlement paid or to be paid by or on behalf of the licensee;

(8) date of award or settlement;

(9) following type of resolution of the claim or action:

(A) court or jury award;

(B) settlement following initiation of civil court action;

(D) other private compromise.

(c) Failure to submit a malpractice report required by this section constitutes unprofessional conduct under 12 AAC 40.967 and is subject to disciplinary action by the board.

History

Authority: AS 08.64.100; AS 08.64.200; AS 08.64.345 AS 08.64.130; AS 08.64.209
Eff. 6/15/2001, Register 158

12 AAC 40.940 Standards of practice for record keeping

(a) A physician or physician assistant licensed by the board shall maintain adequate records for each patient for whom the licensee performs a professional service.

(b) Each patient record shall meet the following minimum requirements:

(1) be legible;

(2) contain only those terms and abbreviations that are or should be comprehensible to similar licensees;

(3) contain adequate identification of the patient;

(4) indicate the dates that professional services were provided to the patient;

(5) reflect what examinations, vital signs, and tests were obtained, performed, or ordered concerning the patient and the findings and results of each;

(6) indicate the chief complaint of the patient;

(7) indicate the licensee's diagnostic impressions of the patient;

(8) indicate the medications prescribed for, dispensed to, or administered to the patient and the quantity and strength of each medication;

(9) reflect the treatment provided to or recommended for the patient;

(10) document the patient's progress during the course of treatment provided by the licensee.

(d) Each patient record shall include any writing intended to be a final record. This subsection does not require the maintenance of preliminary drafts, notes, other writings, or recordings once this information is converted to final form and placed in the patient record.

(e) The patient records for a physician or physician assistant practicing under AS 08.64.364 must comply with the requirements of this section and include

(1) the physical location of the patient and the physician or physician assistant when the patient care was provided;

(2) a description of the method of the communication between the physician or physician assistant and patient;

(3) the name, location, and phone number, state of licensure and license number of the physician, physician assistant, or other licensed health care provider available to provide follow-up care; and

(4) if the prescribing physician or physician assistant is not the patient's primary care provider, documentation of the patient's consent to sending a copy of all records of the encounter to the patient's primary care provider, and if the patient consents, confirmation that the records were sent to the patient's primary care provider.

History

Authority: AS 08.64.100; AS 08.64.107; AS 08.64.364
Eff. 6/15/2001, Register 158; am 10/8/2017, Register 224; am 3/25/2020, Register 233

12 AAC 40.943 Standards of practice for telemedicine

(a) The guiding principles for telemedicine practice in the American Medical Association (AMA), Report 7 of the Council on Medical Service (A-14), Coverage of and Payment for Telemedicine, dated 2014, and the Federation of State Medical Boards (FSMB), Model Policy for the Appropriate Use of Telemedicine Technologies in the Practice of Medicine, dated April 2014, are adopted by reference as the standards of practice when providing treatment, rendering a diagnosis, prescribing, dispensing, or administering a prescription or controlled substance without first conducting an in-person physical examination under AS 08.64.364.

(b) During a public health emergency declared by the governor or commissioner of health, an appropriate licensed health care provider need not be present with the patient to assist a physician or physician assistant with examination, diagnosis, and treatment if the physician or physician-assistant is prescribing, dispensing, or administering buprenorphine to initiate or continue treatment for opioid use disorder and the physician or physician assistant

(1) is a waived practitioner under 21 U.S.C 823(g)(2) (Drug Addiction Treatment Act (DATA));

(2) documents all attempts to conduct a physical examination under AS 08.64.364(b), the reason why the examination cannot be performed, and the reason why another health care provider cannot be present with the patient; and

(3) requires urine or oral toxicology screening as part of the patient's medication adherence plan.

History

Authority: AS 08.64.100; AS 08.64.101; AS 08.64.364
Eff. 10/8/2017, Register 224; am 5/5/2020, Register 234; am 9/20/2020, Register 235; am 6/10/2021, Register 239

12 AAC 40.945 Performance of independent medical evaluations

Except as provided in AS 08.64.370, a physician who comes to this state for the purpose of performing an independent medical evaluation that involves a face-to-face physical examination, regardless of the purpose of the evaluation, is practicing medicine and is required to be licensed in this state.

History

Authority: AS 08.64.100; AS 08.64.170; AS 08.64.370
Eff. 7/25/2008, Register 187

12 AAC 40.946 Application made under oath or affirmation; disciplinary sanctions

The applicant must sign the application and swear to or affirm the truth of its contents. False or misleading statements or information on the application, whether or not made knowingly, are grounds for denial of approval to take an examination under AS 08.64 or for disciplinary sanctions under AS 08.64.331.

History

Authority: AS 08.64.100; AS 08.64.190 AS 08.64.107; AS 08.64.326
Eff. 7/25/2008, Register 187

12 AAC 40.950 Contract for impaired professionals program

The contract to establish an impaired medical professionals program under AS 08.64.101(6) must address the following areas:

(1) qualifications of the contracting agency or agent;

(2) record keeping;

(3) responsibility to report to the board;

(4) confidentiality;

(5) chemical and behavioral monitoring components; and

(6) costs.

History

Authority: AS 08.64.100; AS 08.64.101
Eff. 5/1/94, Register 130

12 AAC 40.955 Ethical standards

(a) The 2016 edition of the Code of Medical Ethics, of the American Medical Association are adopted by reference as the ethical standards for physicians and applies to all physicians subject to this chapter.

(b) The 2016 edition of the Code of Ethics of the American Osteopathic Association is adopted by reference as the ethical standards for osteopaths and applies to all osteopaths subject to this chapter.

(c) The 2017 edition of the Code of Ethics of the American Podiatric Medical Association is adopted by reference as the ethical standards for podiatrists and applies to all podiatrists subject to this chapter.

(d) The 2013 edition of the Guidelines for Ethical Conduct for the Physician Assistant Profession of the American Academy of Physician Assistants is adopted by reference as the ethical standards for physician assistants and applies to all physician assistants subject to this chapter.

(e) Repealed 5/5/2023.

History

Authority: AS 08.01.070; AS 08.64.107 AS 08.64.100; AS 08.64.326
Eff. 12/16/99, Register 152; am 4/2/2004, Register 169; am 12/21/2007, Register 184; am 12/25/2019, Register 232; am 5/5/2023, Register 246

12 AAC 40.960 Current address

History

Authority: AS 08.64.100; AS 08.64.107
Eff. 8/20/87, Register 103

12 AAC 40.963 Application form and verifications for licensure

(a) If, upon receipt by the division of the last document required to complete an application file, the file contains an application form or verification that has a postmark date that is more than 12 months old, the document will be considered to be stale and the applicant must resubmit the document or cause the document to be resubmitted as appropriate before the application will be considered by the board or the board's designee.

(b) Verifications from medical schools and postgraduate training programs will not be considered stale under (a) of this section.

(c) An applicant whose license application has been approved pending receipt of the license fee must submit the license fee to the department within six months after being notified that the license application was approved. An applicant who does not submit the license fee to the department within six months after being notified that the license was approved must reapply for licensure.

(d) In this section, "application form or verification" means

(1) an application for a license or permit;

(2) a verification of licensure from an appropriate licensing authority in a state, territory, province, or other country;

(3) a clearance report from the Federation of State Medical Boards's Board Action Data Bank; or

(4) a clearance from the federal Drug Enforcement Administration (DEA).

History

Authority: AS 08.64.100
Eff. 9/30/2001, Register 159; am 4/2/2004, Register 169; em am 4/21/2020 - 8/18/2020, Register 234; am 11/16/2020, Register 236

12 AAC 40.965 Reinstatement of a surrendered license

(a) A license issued under this chapter that was voluntarily surrendered under AS 08.64.334 will be reinstated, if

(1) the board determines that

(A) the requirements of AS 08.64.334 have been met;

(B) the applicant continues to qualify under AS 08.64 and this chapter for the license requested to be reinstated;

(C) the applicant has committed no grounds for imposition of disciplinary sanction under AS 08.64.326 or this chapter; and

(D) the applicant has satisfied any conditions imposed by the board to accept the surrendered license; and

(2) the applicant submits

(A) a new and complete application as required by 12 AAC 40.010, documenting compliance with

(i) AS 08.64.200 and AS 08.64.250, if a physician applicant;

(ii) AS 08.64.209 and AS 08.64.250, if a podiatrist applicant;

(iii) AS 08.64.205, if an osteopath applicant; or

(iv) AS 08.64.107, if a physician assistant;

(B) evidence of at least 50 hours of continuing medical education credits earned within the two years immediately before the date of application for reinstatement of the surrendered license for a physician, a podiatrist, or an osteopath;

(C) evidence of at least 120 hours of continuing medical education credits earned within the two years immediately before the date of application for reinstatement of the surrendered license for a physician assistant;

(D) for a physician assistant, evidence of current certification issued by the National Commission on Certification of Physician Assistants; and

(E) at the request of the board,

(i) a report of medical psychiatric examination from a physician or another practitioner of the healing arts appointed by the board indicating that, at the time of the examination, the applicant is mentally and physically capable to resume practice under this chapter; and

(ii) any other report that the board determines is necessary to evaluate whether the applicant is competent to resume practice under this chapter.

(b) If the board determines that a limitation or condition on an applicant's license is necessary for the applicant to be competent to resume practice, the board will require that the applicant for reinstatement under this section enter into an agreement with the board to limit or condition the applicant's license.

(c) If the board determines that probation is necessary to evaluate or monitor the practice for competency under this chapter of an applicant whose license is reinstated under this section, the board will impose a period of probation and notify the applicant of the terms to be met to successfully complete the probation.

History

Authority: AS 08.01.075; AS 08.64.100; AS 08.64.331 AS 08.01.100; AS 08.64.107; AS 08.64.334
Eff. 1/7/99, Register 149; am 12/21/2007, Register 184; am 7/25/2008, Register 187; am 5/5/2023, Register 246

12 AAC 40.967 Unprofessional conduct

12 AAC 40.967 was originally adopted, and took effect 3/16/2000, Register 153, numbered as 12 AAC 40.230.

As of Register 154, July 2000, the regulations attorney relocated the provision to instead appear as 12 AAC 40.967.

For purposes of AS 08.64.240(b) and AS 08.64.326, "unprofessional conduct" means an act or omission by an applicant or licensee that does not conform to the generally accepted standards of practice for the profession for which the applicant seeks licensure or a permit under AS 08.64 or which the licensee is authorized to practice under AS 08.64. "Unprofessional conduct" includes the following:

(1) submitting or causing the submission of testimony, a statement, or a document for consideration by the board knowing it contained false, misleading, or omitted material information or was fraudulently obtained; for purposes of this paragraph, "document" includes an affidavit, certificate, transcript, diploma, board certification information, reference letters, or translation of a foreign language document;

(2) misrepresenting, concealing, or failing to disclose material information to

(A) obtain a license or permit under AS 08.64; or

(B) renew a license under AS 08.64;

(3) purchase, sale, barter, or alteration of a license or permit issued under AS 08.64;

(4) the use of a license or permit obtained as described in (3) of this section;

(5) committing, or attempting to commit, fraud or deception, or attempting to subvert the process relating to an examination required under AS 08.64;

(6) practicing a profession licensed under AS 08.64 without a required license or permit or with a lapsed, expired, retired, or inactive license or permit;

(7) permitting or employing an unlicensed person to practice a profession licensed under AS 08.64

(A) without the required license or permit under AS 08.64; or

(B) while the person's license or permit was revoked, suspended, surrendered, or canceled in this state;

(8) delegating professional practice responsibilities that require a license or permit under AS 08.64 to a person who does not possess the appropriate education, training, or licensure to perform the responsibilities;

(9) failing to prepare and maintain accurate, complete, and legible records in accordance with generally accepted standards of practice for each patient and to make those records available to the board and the board's representatives for inspection for investigation purposes;

(10) falsifying, intentionally making an incorrect entry, destroying, or failing to maintain patient or facility medical records for at least seven years from the date of the last entry;

(11) failing to provide copies of complete patient records in the licensee's custody and control within 30 days after receipt of a written request from the patient or the patient's guardian;

(12) intentionally or negligently releasing or disclosing confidential patient information; this paragraph does not apply to disclosures required under state or federal law or when disclosure is necessary to prevent an imminent risk of harm to the patient or others;

(13) offering, giving, soliciting, or receiving fees or other benefits, in whole or in part, to a person for bringing in or referring a patient;

(14) harassing, disruptive, or abusive behavior by a licensee directed at staff or a patient, a patient's relative, or a patient's guardian;

(15) disruptive behavior by a licensee at the workplace that interferes with the provision of patient care;

(16) discriminating on the basis of the patient's race, religion, color, national origin, ancestry, or sex in the provision of professional services;

(17) conviction of a felony or a crime involving moral turpitude; under this paragraph, a "crime involving moral turpitude" includes the following:

(A) homicide;

(B) manslaughter;

(D) stalking;

(E) kidnapping;

(F) sexual assault;

(G) sexual abuse of a minor;

(H) unlawful exploitation of a minor, including possession or distribution of child pornography;

(I) indecent exposure;

(J) unlawful distribution or possession for distribution of a controlled substance; for purposes of this subparagraph, "controlled substance" has the meaning given in AS 11.71.900;

(18) using alcohol or other drugs

(A) to the extent that the use interferes with professional practice functions of the licensee or endangers the safety of patients; or

(B) that is illegal under state or federal law;

(19) failing

(A) to comply with AS 08.64.336; or

(B) to report to the board or the board's representatives facts known to the licensee regarding incompetent or repeated negligent conduct, gross negligence, unprofessional conduct, sexual misconduct, or other illegal conduct by another licensee under AS 08.64.326;

(20) failing to report to the board or the board's representatives that the licensee's hospital privileges have been denied, revoked, suspended, or limited by a hospital or other health care facility for disciplinary reasons by the physician in charge; this paragraph does not apply to a temporary suspension pending completion of medical records by the governing body of the hospital or other health care facility;

(21) facilitating the practice of a profession licensed under AS 08.64 by a person who is not licensed, incompetent, or mentally, emotionally, or physically unable to practice safely;

(22) failing to fulfill the responsibility and duties of a collaborating physician in any collaborative relationship entered into under AS 08.64 with a physician assistant;

(23) violating provisions of any disciplinary sanction issued under AS 08.64;

(24) failing to cooperate with an official investigation by the board or the board's representatives, including failing to timely provide requested information;

(25) failing to allow the board or the board's representative, upon written request, to examine and have access to records maintained by the licensee that relate to the licensee's practice under AS 08.64;

(26) failing to report to the board, no later than 30 days after

(A) the effective date of the action, any criminal charges by a law enforcement agency, or any disciplinary action against the licensee taken by another licensing jurisdiction, health care entity, or regulatory agency;

(B) the date of conviction, any conviction of a crime referred to in AS 08.64.326(a)(4);

(27) providing treatment, rendering a diagnosis, or prescribing medications based solely on a patient-supplied history that a physician licensed in this state received by telephone, facsimile, or electronic format;

(28) after performing surgery, failing to continue care of a surgical patient of the licensee through a post-surgical recovery and healing period, either by providing the care directly, delegating the care to one or more individuals who have the appropriate education, training, and licensure or certification to provide definitive care, or coordinating with another qualified physician or other medical professional who agrees to assume responsibility for managing the patient's post-surgical care;

(29) for a physician or physician assistant, prescribing, dispensing, or furnishing a prescription medication without first conducting a physical examination of the person, unless the licensee has a patient-physician or patient-physician assistant relationship with the person; this paragraph does not apply to prescriptions written or medications issued

(A) for use in emergency treatment;

(B) for expedited partner therapy for sexually transmitted diseases;

(C) in response to an infectious disease investigation, public health emergency, infectious disease outbreak, or act of bioterrorism; or

(D) by a physician or physician assistant practicing telemedicine under AS 08.64.364;

(30) failing to notify the board of the location of patient records within 30 days after a licensee has retired or closed a practice; or

(31) knowingly delegating a function, task, or responsibility to another person if the delegation would be reasonably likely to pose a substantial risk of harm to a patient;

(32) permitting patient care that includes administering a botulinum toxin or dermal filler, autotransplanting biological materials, or treating with chemical peels below the dermal layer, or hot lasers, by a person who is not an appropriate health care provider trained and licensed under AS 08 to perform the treatment;

(33) failure of a licensee who has a federal Drug Enforcement Administration (DEA) registration number to register with the controlled substance prescription database under AS 17.30.200;

(34) failure of a licensee or licensee's designee to review the controlled substance prescription database under AS 17.30.200, when prescribing, dispensing, or administering a controlled substance designated schedule II or III under federal law to a patient;

(35) any conduct described in (1) - (34) of this section that occurred in another licensing jurisdiction and is related to the applicant's or licensee's qualifications to practice.

History

Authority: AS 08.01.070; AS 08.64.326; AS 17.30.200 AS 08.64.100; AS 08.64.364 AS 08.64.101; AS 08.64.380
Eff. 3/16/2000, Register 153; am 9/5/2002, Register 163; am 4/2/2004, Register 169; am 10/14/2006, Register 180; am 7/25/2008, Register 187; am 9/9/2010, Register 195; am 5/8/2013, Register 206; am 8/24/2016, Register 219; am 10/8/2017, Register 224; am 3/25/2020, Register 233

12 AAC 40.970 State Medical Board

12 AAC 40.970. Professional incompetence. As used in AS 08.64 and these regulations, "professional incompetence" means lacking sufficient knowledge, skills, or professional judgment in that field of practice in which the physician or physician assistant concerned engages, to a degree likely to endanger the health of his or her patients.

History

Authority: AS 08.64.100; AS 08.64.326
Eff. 8/29/73, Register 47; am 1/13/80, Register 73; am 9/30/81, Register 79

12 AAC 40.975 State Medical Board

12 AAC 40.975. Prescribing controlled substances. When prescribing a drug that is a controlled substance, an individual licensed under this chapter shall (1) create and maintain a complete, clear, and legible written record of care that includes (A) a patient history and evaluation sufficient to support a diagnosis; (B) a diagnosis and treatment plan for the diagnosis; (C) a plan for monitoring the patient for the primary condition that necessitates the drug, side effects of the drug, and results of the drug, as appropriate; (D) a record of each drug prescribed, administered, or dispensed, including the type of drug, dose, and any authorized refills; (2) review the information from the controlled substance prescription database under AS 17.30.200 before initially dispensing, prescribing, or administering a controlled substance designated schedule II or III under federal law to the patient, and at least once every 30 days for up to 90 days, and at least once every three months if a course of treatment continues for more than 90 days; the requirement under this paragraph will not apply if the licensee is not required under AS 17.30.200 to review the information in the controlled substance prescription database before dispensing, prescribing, or administering the controlled substance to the patient; (3) comply with the maximum dosage for opioid prescriptions under AS 08.64.363; the maximum daily dosage for an initial opioid prescription issued under AS 08.64.363(a) may not exceed 50 morphine milligram equivalents; (4) practice pain management (A) with sufficient knowledge, skills, and training, and in accordance with specialty board practice standards, and (B) in accordance with the Federation of State Medical Boards (FSMB) Guidelines for the Chronic Use of Opioid Analgesics, dated April 2017, and the Centers for Disease Control (CDC) Guidelines for Prescribing Opioids for Chronic Pain, dated March 2016, which are adopted by reference as the standards of practice for prescribing controlled substances for pain management; (C) or refer a patient to a pain management physician.

History

Authority: AS 08.64.100; AS 08.64.326; AS 08.64.380 AS 08.64.107; AS 08.64.363; AS 17.30.200
Eff. 6/28/97, Register 142; am 10/8/2017, Register 224; am 8/17/2018, Register 227

12 AAC 40.976 State Medical Board

12 AAC 40.976. Registration and reporting with the prescription drug monitoring program controlled substance prescription database. A physician or physician assistant licensed under this chapter who holds a federal Drug Enforcement Administration (DEA) registration number must (1) register and comply with the prescription drug monitoring program (PDMP) controlled substance prescription database not later than 30 days after initial licensure or registration with the DEA, whichever is later; and (2) comply with the requirements of AS 17.30.200 and 12 AAC 52.865.

History

Authority: AS 08.64.100; AS 08.64.326; AS 08.64.380 AS 08.64.107; AS 08.64.363; AS 17.30.200
Eff. 3/7/2021, Register 237

12 AAC 40.980 State Medical Board

12 AAC 40.980. Collaborating physician. Repealed.

History

Eff. 1/13/80, Register 73; am 5/18/85, Register 94; am 5/1/94, Register 130; am 6/28/97, Register 142; am 4/2/2004, Register 169; am 10/14/2006, Register 180; repealed 9/1/2007, Register 183

12 AAC 40.981 State Medical Board

12 AAC 40.981. Federal licensure exemptions for persons who practice in an Alaska tribal health program. (a) A person who practices medicine, podiatry, or osteopathy, or who practices as a physician assistant in a tribal health program in this state must be licensed by the board unless they notify the board that they are practicing under another license in accordance with 25 U.S.C. 1621t (sec. 221, Indian Health Care Improvement Act). Notice required under this section must be received not later than 14 days after employment at a tribal health program in this state, and must include (1) proof of a current active license in another state; (2) proof of employment by a tribal health program that is operating under an agreement with the federal Indian Health Service under 25 U.S.C. 450 - 458ddd-2 (Indian Self-Determination and Education Assistance Act). (b) A person practicing under the exemption may not practice beyond the scope of the other state license.

History

Authority: AS 08.64.107; AS 08.64.170; AS 08.64.313
Eff. 8/24/2016, Register 219; am 5/5/2023, Register 246

12 AAC 40.983 State Medical Board

12 AAC 40.983. Cooperative practice agreements with pharmacists. (a) A physician may enter into a cooperative practice agreement with a pharmacist licensed under AS 08.80 as provided in this section. The initial agreement may not exceed two years and is subject to renewal under (j) of this section. (b) A physician planning to enter into a cooperative practice agreement with a pharmacist must submit to the board a written proposed agreement that meets the requirements of this section. The proposed agreement must be approved by the board before cooperative practice under the agreement, if approved, begins. A proposed modification to an agreement must be submitted to the board for approval, before the modification, if approved, is implemented. The board will approve a proposed agreement or modification if it is medically appropriate and provides for the safety of the patient. If the board disapproves a proposed agreement or modification, the board shall state the reasons for its action. (c) A cooperative practice agreement between a physician and a pharmacist must include (1) the physician's authorization to a pharmacist or group of pharmacists to manage a patient's medication therapy; (2) the full name, medical license number, date of issuance of license, and specialty, if any, of each physician who is a party to the agreement; (3) the full name, place of employment, mailing address, pharmacist license number, and date of issuance of license, of each pharmacist who is a party to the agreement; (4) a statement of the duration of the agreement, which may not exceed two years; (5) the types of cooperative practice decisions that the physician is authorizing the pharmacist to make under the agreement, including (A) types of diseases, medications, or medication categories involved and the type of cooperative authority to be exercised in each case; and (B) procedures, decision criteria, or plans the pharmacist must follow when making therapeutic decisions, particularly when initiating or modifying medication; (6) requirements that a pharmacist must follow when exercising cooperative authority, including documentation of decisions made, and a plan for communication and feedback to the physician concerning specific decisions made; (7) a plan for the physician to review the decisions made by the pharmacist at least once every three months; (8) a plan for providing to the physician patient records created under the agreement; (9) a provision that allows the physician to override the agreement if the physician considers it medically necessary or appropriate; (10) an acknowledgement that the physician will not receive any compensation from a pharmacist or pharmacy as a result of the care or treatment of any patient under the agreement; (11) a prohibition on the administration or dispensing of any schedule I, II, III, or IV controlled substances. (d) The physician, or a physician assistant under the supervision of the physician, must physically examine and evaluate a patient before that patient may be included under a cooperative practice agreement to which that physician is a party. The physician must issue a prescription or medication order for each patient valid for up to one year. The physician, or a physician assistant under the supervision of the physician, must conduct a physical examination of a patient at least once a year while that patient is included under a cooperative practice agreement to which that physician is a party. The requirements of this subsection do not apply to a cooperative practice agreement allowing the administration of emergency contraception, immunizations of persons 18 years of age or older, and those immunizations recommended to be given on a yearly basis by the United States Department of Health and Human Services Centers for Disease Control and Prevention. (e) Only a physician in active practice in this state may enter into a cooperative practice agreement under this section. An authority authorized by a physician must be within the physician's current scope of practice. (f) A physician who enters into a cooperative practice agreement shall keep a copy of the written agreement and the records of all patients treated under it during the period of the agreement. The physician shall retain the agreement and records required by this subsection for at least seven years after the termination of the agreement. (g) A cooperative practice agreement is terminated upon written notice by either the physician or the pharmacist. The physician shall notify the board in writing within 30 days after an agreement is terminated. (h) The board may periodically review cooperative practice agreements approved under this section. (i) The requirements of this section do not apply to cooperative practice agreements adopted by the physicians on medical staff of a hospital or nursing facility licensed under AS 47.32 for treatment of patients of that facility. (j) The physician may seek renewal of a cooperative practice agreement for additional two-year periods. (k) Notwithstanding the requirements of (b) of this section, a physician who, before June 1, 2006, has entered into a collaborative practice agreement with a pharmacist that has been approved under 12 AAC 52.240 and is still current, must obtain the board's approval of that agreement under this section not later than December 1, 2006. After that time, a physician may not participate in a cooperative practice agreement with a pharmacist except as allowed under this section. (l) In this section, "cooperative practice agreement" means an agreement between a physician and a pharmacist by which a physician authorizes the pharmacist to manage a patient's medication therapy as specified in the agreement.

History

Authority: AS 08.64.100; AS 08.64.326
Eff. 6/1/2006, Register 178; am 11/18/2021, Register 240

12 AAC 40.985 State Medical Board

12 AAC 40.985. General anesthetic. A commercially prepared mixture of 50 percent oxygen and 50 percent nitrous oxide, when self-administered by a patient as part of the outpatient care provided by a licensed podiatrist, is an analgesic and not a general anesthetic referred to in AS 08.64.380(9)(B).

History

Authority: AS 08.64.100; AS 08.64.107; AS 08.64.380(9)
Eff. 8/20/87, Register 103

12 AAC 40.986 State Medical Board

12 AAC 40.986. Withdrawal of application. (a) An application for a permit or license may be withdrawn from consideration by the board at the applicant's request. To withdraw an application, the applicant must submit a request for withdrawal in writing signed by the applicant. The request for withdrawal must be received by the division no later than five business days before the board's meeting where the application is to be initially considered. (b) The board will not approve a request for the withdrawal of an application under this section for an application that has been reviewed and considered by the board, or considered abandoned under 12 AAC 02.910. (c) An application approved for withdrawal under this section will be reported to the Federation of State Medical Boards's Board Action Data Bank. (d) An application that is approved for withdrawal under this section will be retained on file in the department for at least 10 years after the date of withdrawal and will be returned to the board if the applicant reapplies for a permit or license.

History

Authority: AS 08.64.100
Eff. 10/14/2006, Register 180

12 AAC 40.987 State Medical Board

12 AAC 40.987. Retention of abandoned applications. (a) An application that is abandoned under 12 AAC 02.910 will be retained on file in the department for at least 10 years after the date of abandonment. If an applicant with an abandoned application reapplies for a permit or license, that abandoned application will be returned to the board for review and consideration. (b) The application of an applicant who has been issued a temporary permit before abandoning the application under 12 AAC 02.910 will be reported to the Federation of State Medical Boards as denied without prejudice.

History

Authority: AS 08.01.050; AS 08.64.100
Eff. 10/14/2006, Register 180; am 5/8/2013, Register 206

12 AAC 40.990 State Medical Board

12 AAC 40.990. Definitions. (a) In this chapter (1) "acceptable moral character" means having not been convicted of a felony or any morally reprehensible crime during the five years immediately preceding application; (2) "board" means State Medical Board; (3) "certified true copy" means a copy of a document that includes a statement of certification, signed under penalty of unsworn falsification before a notary public, that the document is a true copy of the original document; (4) "collaborating physician" means a person who is actively licensed in the state as a physician or osteopath, who enters into a consultative relationship with a nonphysician health care provider who undertakes the practice of medicine, medical diagnosis and treatment; (5) "collaborative relationship" means a consultative relationship between a physician and nonphysician health care provider which uses their respective areas of expertise to meet the common goal of providing comprehensive care for the patient; (6) "department" means the Department of Commerce, Community, and Economic Development; (7) "flex examination" means the written examination prepared by the Federation of State Medical Boards of the United States, Inc.; (8) repealed 5/5/2023; (9) repealed 5/5/2023; (10) "NBME examination" means the written examination prepared by the National Board of Medical Examiners; (11) "pharmacological agents" means saline, glucose, prostaglandins and pitocin; (12) "physician" means a person licensed under AS 08.64 to practice medicine or surgery; (13) "physician assistant" means a person specially trained to perform many of the functions and duties of the physician, including examination, diagnosis, and treatment, and who is licensed under this chapter to do so; (14) repealed 5/5/2023; (15) repealed 5/5/2023; (16) repealed 3/12/89; (17) repealed 3/12/89; (18) repealed 3/12/89; (19) repealed 3/12/89; (20) "USMLE" means the United States medical licensing examination sponsored jointly by the Federation of State Medical Boards of the United States, Inc. and the National Board of Medical Examiners; (21) "controlled substance" has the meaning given controlled substance in AS 11.71.900; (22) "division" means the division assigned occupational licensing functions in the department; (23) "COMLEX examination" means the Comprehensive Osteopathic Medical Licensing Examination administered by the National Board of Osteopathic Medical Examiners; (24) "post-graduate training" for physicians includes internship, residency, and advanced forms of residency including fellowships; (25) "health care professional" includes chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy assistants, physicians, physician assistants, psychiatrists, psychologists, psychological associates, audiologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family therapists licensed under AS 08.63, religious health practitioners, acupuncturists, and surgeons; (26) "business day" means a day other than Saturday, Sunday, or a state holiday; (27) "DEA" means the federal Drug Enforcement Administration; (28) "FCVS" means the Federal Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc. (b) In AS 08.64.326(a)(9), (1) "attempted sexual contact" means engaging in conduct that constitutes a substantial step towards sexual contact; (2) "sexual contact" (A) means touching, directly or through clothing, a patient's genitals, anus, or female breast, or causing the patient to touch, directly or through clothing, the licensee's or patient's genitals, anus, or female breast; (B) includes sexual penetration; (C) does not include acts (i) that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; or (ii) performed for the purpose of administering a recognized and lawful form of examination or treatment that is reasonably adapted to promoting the physical or mental health of the person being treated; in this paragraph, "sexual penetration" means genital intercourse, cunnilingus, fellatio, anal intercourse, or an intrusion, however slight, of an object or any part of a person's body into the genitals or anus of another person's body; each party to any of the acts defined as "sexual penetration" is considered to be engaged in sexual penetration; "sexual penetration" does not include acts performed for the purpose of administering a recognized and lawful form of examination or treatment that is reasonably adapted to promoting the physical health of the person being treated; (3) "sexual impropriety" means behavior, a gesture, or an expression that is seductive, sexually suggestive, or sexually demeaning to a patient; "sexual impropriety" includes (A) encouraging the patient to masturbate in the presence of the licensee or masturbation by the licensee while the patient is present; (B) offering to provide controlled substances or other drugs in exchange for sexual contact; (C) disrobing or draping practice that is seductive, sexually suggestive, or sexually demeaning to a patient, such as deliberately watching a patient dress or undress or failing to provide privacy for disrobing; (D) making a comment about or to the patient that is seductive, sexually suggestive, or sexually demeaning to a patient, including (i) sexual comment about a patient's body or underclothing; (ii) sexualized or sexually-demeaning comment to a patient; (iii) demeaning or degrading comments to the patient about the patient's sexual orientation, regardless of whether the patient is homosexual, heterosexual, or bisexual; (iv) comments about potential sexual performance of the patient during an examination or consultation, except when the examination or consultation is pertinent to the issue of sexual function or dysfunction; (v) requesting details of sexual history or sexual likes or dislikes of the patient if the details are not clinically indicated for the type of examination or consultation; (E) performing an internal pelvic examination or rectal examination of the patient without the use of gloves; (F) initiation by the licensee of conversation with a patient regarding the sexual problems, preferences, or fantasies of the licensee; (G) using the medical or professional relationship with the patient to solicit sexual contact or a romantic relationship with the patient or another; (H) kissing a patient in a romantic or sexual manner; (4) "sexual misconduct" includes sexual impropriety; (5) "in connection with the delivery of professional services to patients" includes sexual misconduct directed at patients or key third parties; in this paragraph, "key third parties" means individuals who have influence over the patient, including the patient's spouse, children, parents, legal guardian, or surrogate.

History

Authority: AS 08.64.100; AS 08.64.107; AS 08.64.326
Eff. 8/29/73, Register 47; am 1/13/80, Register 73; am 9/30/81, Register 79; am 7/4/84, Register 90; am 3/12/89, Register 109; am 8/24/90, Register 115; am 4/27/97, Register 142; am 6/28/97, Register 142; am 8/17/97, Register 143; am 5/16/98, Register 146; am 11/7/98, Register 148; am 8/9/2000, Register 155; am 9/5/2002, Register 163; am 10/14/2006, Register 180; am 12/21/2007, Register 184; am 5/5/2023, Register 246

Chapter 42 Naturopaths

Article 1 Licenses, Permits, and Examinations

12 AAC 42.010 Application for license

An applicant for a license to practice naturopathy shall submit to the division

(1) a completed application on a form provided by the division;

(2) any applicable fees required in 12 AAC 02.270;

(3) official school or college transcripts documenting all education that meets the requirements of AS 08.45.030;

(4) a certified copy of the applicant's transcripts of the results of the examinations described in AS 08.45.030, if applicable; and

(5) a verification of a valid license to practice naturopathy in another state, if applicable.

History

Authority: AS 08.01.050; AS 08.45.030 AS 08.45.020; AS 08.45.100
Eff. 7/28/94, Register 131

12 AAC 42.020 Temporary license

(a) An applicant for a license to practice naturopathy is eligible for a temporary license if the applicant meets the requirements of AS 08.45.035 and submits

(1) the documents specified in 12 AAC 42.010(1), (3), and (5);

(2) the temporary license fee established in 12 AAC 02.270;

(3) an affidavit signed by the applicant confirming that the applicant has not previously taken and failed the NPLEX examination;

(4) verification from another licensing jurisdiction that the applicant is scheduled to take the next regularly scheduled NPLEX examination after the date of application, unless the applicant is scheduled for the next NPLEX examination in this state; and

(5) a statement signed by the naturopath licensed in this state in whose office the applicant will practice while holding a temporary license; the statement must include the address of the location where the temporary license holder will practice.

(b) A temporary license holder must notify the division in writing before transferring to practice at a location other than the location submitted to the division under (a)(5) of this section. The written notification of transfer must include the name, practice address, and signature of the naturopath licensed in this state in whose office the temporary permit holder will practice.

History

Authority: AS 08.01.050; AS 08.45.035; AS 08.45.100
Eff. 7/28/94, Register 131

12 AAC 42.030 Examinations

(a) An applicant who graduated from a school of naturopathy after December 31, 1987 shall document having passed the basic science, clinical, and homeopathic sections of the NPLEX examination.

(b) To pass the NPLEX examination, the applicant must achieve at least the minimum score determined by the Naturopathic Physicians Licensing Examination as the passing point for that examination.

(c) The division will offer the NPLEX examination on the dates established by the Naturopathic Physicians Licensing Examination.

(d) To be scheduled for an examination, an applicant must meet the requirements of 12 AAC 42.010, at least 60 days before the date set for that examination.

(e) An applicant who fails one or more sections of the NPLEX examination may retake only the sections failed.

History

Authority: AS 08.01.050; AS 08.45.030 AS 08.45.020; AS 08.45.100
Eff. 7/28/94, Register 131

12 AAC 42.040 License renewal

(a) A license to practice naturopathy must be renewed biennially on or before a date set by the division. The division may renew a license if the licensee continues to meet the requirements of AS 08.45 and this chapter.

(b) To renew a license to practice naturopathy, a licensee shall submit a completed renewal application on a form provided by the division and pay the license renewal fee established in 12 AAC 02.270.

History

Authority: AS 08.01.100; AS 08.45.100
Eff. 7/28/94, Register 131; am 4/18/2025, Register 254

12 AAC 42.050 Reinstatement of a lapsed license

The division will reinstate a license that has been lapsed for less than five years if the applicant

(1) submits a completed renewal application on a form provided by the division; and

(2) pays the license renewal fee required in 12 AAC 02.270 for the current renewal period and each licensing period since the date the license lapsed.

History

Authority: AS 08.01.100; AS 08.45.100
Eff. 7/28/94, Register 131; am 4/18/2025, Register 254

Article 2 General Provisions

12 AAC 42.900 Disclosure

(a) A licensee shall disclose that the licensee's training and practice is in naturopathy

(1) to each patient by posting a conspicuous notice in the patient waiting room; and

(2) by using the initials "N.D." after the licensee's written name, or, if the prefix "Doctor" or "Dr." is used, by including the phrase "doctor of naturopathic medicine" after or below the licensee's name on written material made available to patients or the public.

(b) A licensee who is not covered by malpractice insurance shall

(1) post a conspicuous notice in the patient waiting room that states the licensee does not have malpractice insurance; or

(c) If the licensee has a patient who is blind or otherwise unable to read the written disclosures required by this section, the licensee shall

(1) verbally disclose to the patient at the initial visit that the licensee's training and practice is in naturopathy; and

(2) if the licensee is not covered by malpractice insurance, verbally disclose that fact to the patient at the initial visit and at least once each year that the patient receives care from the licensee.

History

Authority: AS 08.45.040; AS 08.45.100
Eff. 7/28/94, Register 131

12 AAC 42.990 Definitions

In AS 08.45 and in this chapter,

(1) "dietetics"

(A) includes the use of nutritional therapies, nutritional counseling, nutritional substances, vitamins, minerals, and supplements to promote health and to diagnose, treat, and prevent disease, illness, and conditions;

(B) does not include the use of a prescription drug, poison, or controlled substance;

(2) "division" means the division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development;

(3) "herbal remedy"

(A) includes medicines derived from or a concentrate or extract of a plant, tree, root, moss, fungus, or other natural substance;

(B) does not include a prescription drug, poison, or controlled substance;

(4) "homeopathic remedy" means a remedy defined in the Homeopathic Pharmacopoeia of the United States Abstracts 1993, revised as of December 1992 and adopted by reference except for a prescription drug, poison, or controlled substance;

(5) "hydrotherapy" means the use of water in all forms and temperatures to promote health and to diagnose, treat, and prevent disease, illness, and conditions;

(6) "NPLEX" means the Naturopathic Physicians Licensing Examination;

(7) "poison" means a substance given in a manner that has a likelihood of causing physical injury or death;

(8) "prescription drug" means a controlled substance or other medicine requiring a prescription from a physician licensed under AS 08.64 or from another health care professional authorized to issue prescriptions by the law of this state;

(9) "sanitation" means the use of an antiseptic, disinfectant, bactericide, pediculicide, virucide, soap, detergent, and light to promote health and to diagnose, treat, and prevent disease, illness, and conditions;

(10) "suggestion" means the use of education, counseling, teaching, meditation, and assessment to promote health of mind and body and to diagnose, treat, and prevent disease, illness, and conditions;

(11) "surgery" means the use of a scalpel, sharp cutting instrument, laser, electrical current, or other device to incise or remove living tissue; "surgery" does not include venipuncture or the removal of foreign objects from external tissue.

History

Authority: AS 08.45.050; AS 08.45.100; AS 08.45.200
Eff. 7/28/94, Register 131; am 12/7/2006, Register 180; am 1/9/2014, Register 209

Chapter 44 Board of Nursing

Article 1 Nursing Education of Registered and Practical Nurses

12 AAC 44.010 Purpose of educational program approval

The purpose of board approval of educational programs is

(1) to assure the safe practice of nursing by setting minimum requirements for the conduct of nursing education programs that prepare the nurse for practice;

(2) to assure the graduate of educational eligibility for admission to the licensing examination for nurses in Alaska; and

(3) to assure within the nursing education program the implementation of a comprehensive plan for the ongoing evaluation of that program.

History

Authority: AS 08.68.100(a)AS 08.68.290
Eff. 10/14/72, Register 43; am 4/2/86, Register 97; am 4/29/91, Register 118

12 AAC 44.020 Types of program approval

(a) Full approval is granted to a nursing education program that has met the requirements set out in 12 AAC 44.010 - 12 AAC 44.140.

(b) Provisional approval may be granted to a nursing education program that has not been in operation long enough to meet the requirements set out in 12 AAC 44.010 - 12 AAC 44.140. A nursing education program that is granted provisional approval may conduct the program and offer nursing classes and clinical instruction until the board's final decision on the program's application for full approval under 12 AAC 44.040.

History

Authority: AS 08.68.100; AS 08.68.280; AS 08.68.290
Eff. 10/14/72, Register 43; am 4/2/86, Register 97; am 4/29/91, Register 118; am 3/28/2008, Register 185; am 12/27/2012, Register 204

12 AAC 44.030 Survey

(a) The completed application for provisional approval must be submitted to the board when the nursing education program is ready for a survey visit.

(b) A survey of each nursing education program, including affiliations and statewide facilities, is required for the purpose of provisional approval and full approval. The survey must be made by one or more representatives of the board, and may include an educational consultant, as designated by the board.

(c) Each nursing education program shall permit periodic surveys by the board or its designated representative for the purpose of determining compliance with educational program standards. Each nursing education program shall permit a representative of the board to be included in national accreditation survey visits.

(d) Prior to a survey visit, specific information will be requested by the board.

(e) Repealed 4/2/86.

(f) For purposes of this section, a survey is an evaluation of all aspects of the proposed or existing program, including faculty credentials and facilities. A survey may include site inspections of the program's facilities.

History

Authority: AS 08.68.100; AS 08.68.290
Eff. 10/14/72, Register 43; am 4/2/86, Register 97; am 4/29/91, Register 118; am 12/27/2012, Register 204

12 AAC 44.040 Establishment of nursing education program

(a) A university or college wishing to establish a nursing education program must

(1) inform the board in writing of the university or college's intent to establish a nursing education program in the state; and

(2) submit, not later than 120 days before the first day of the board meeting at which the application is considered, a completed application on a form prescribed by the board that shows that the applicant meets the applicable requirements of 12 AAC 44.030 - 12 AAC 44.135.

(b) There shall be information on the availability of clinical facilities and job opportunities for graduates.

(c) Not later than 90 days after receipt of the application, the board or the board's representative will advise the applicant in writing, before consideration by the board, whether additional information is needed to complete the application.

(d) If the board determines that the application is complete and that the nursing education program meets the applicable requirements of 12 AAC 44.010 - 12 AAC 44.135, the board will grant provisional approval to the program.

(e) Not later than 90 days after the board grants provisional approval, the nursing education program must apply for national accreditation from either the Accreditation Commission for Education in Nursing (ACEN), National League for Nursing Accrediting Commission (NLNAC), or the Commission on Collegiate Nursing Education (CCNE).

(f) After the survey under 12 AAC 44.030 has been completed, the board will notify the program if the board has determined that

(1) the program has deficiencies due to noncompliance with any provision of 12 AAC 44.010 - 12 AAC 44.135; and

(2) a follow-up survey, conducted as set out in 12 AAC 44.030, is necessary.

(g) If the board determines that deficiencies exist under (f)(1) of this section, the board or the board's representative will send the nursing education program written notice of the deficiencies. The program shall correct those deficiencies and, not later than 90 days after the date the board sent written notice of the deficiencies, shall notify the board of the program's progress in correcting them. The program, after sending the first progress report, shall send additional reports every 90 days until each deficiency is corrected.

(h) A nursing education program whose application has been denied under this section may request a hearing under AS 44.62.330 - 44.62.630 (Administrative Procedure Act) to appeal the denial.

(i) Every six months, a nursing education program with provisional approval shall submit to the board a report that includes

(1) information about faculty qualifications;

(2) information about student admissions;

(3) information about curriculum development;

(4) faculty meeting minutes;

(5) NCLEX pass rates if appropriate; and

(6) information about progress toward accreditation.

(j) A nursing education program with provisional approval shall provide to the board a copy of each interim report that the program receives from the Accreditation Commission for Education in Nursing, National League for Nursing Accrediting Commission, or the Commission on Collegiate Nursing Education accrediting agency.

(k) Eighteen months after the board grants a nursing education program provisional approval, the board or the board's representative will conduct another survey of the program under 12 AAC 44.030.

(l) To receive full approval from the board, a nursing education program must

(1) be fully accredited by the Accreditation Commission for Education in Nursing, National League for Nursing Accrediting Commission, or the Commission on Collegiate Nursing Education; and

(2) attain an 80 percent pass rate for first-time NCLEX test takers for a full year.

(m) If a nursing education program does not attain full accreditation two years after the graduation of the program's first class or earlier, the program may request a one-time, two-year extension of provisional approval. The board will grant the extension if the board determines that the program is making sufficient progress towards full accreditation.

(n) Notwithstanding (f) of this section, the board may withdraw provisional approval at any time if a program deficiency puts the public at risk. Deficiencies that put the public at risk include

(1) a decline in the pass rate for first-time NCLEX test takers;

(2) high student attrition rates;

(3) a reversal of progress toward accreditation; and

(4) significant faculty attrition.

History

Authority: AS 08.68.100; AS 08.68.290
Eff. 10/14/72, Register 43; am 4/2/86, Register 97; am 12/27/2012, Register 204; am 8/8/2018, Register 227

12 AAC 44.050 Discontinuance of program

If a university or college with a nursing education program plans on discontinuing its program it shall notify the board in writing as soon as the decision is made.

History

Authority: AS 08.68.100(a)
Eff. 10/14/72, Register 43; am 4/2/86, Register 97

12 AAC 44.052 Denial, revocation, and reinstatement of program approval

(a) After a hearing under AS 44.62, the board will, in its discretion, deny approval of a nursing education program if it determines that the program fails substantially to meet the standards for nursing education defined by the board.

(b) After a hearing under AS 44.62, the board may revoke approval if

(1) the program has been unable to achieve minimal standards within two years of being placed on conditional approval under 12 AAC 44.055; or

(2) the board determines that a nursing education program has not provided sufficient evidence that the standards of nursing education are being met.

(c) The board will, in its discretion, consider reinstatement of approval of a nursing education program upon submission of satisfactory evidence that the program meets the standards of nursing education.

History

Authority: AS 08.68.100; AS 08.68.280; AS 08.68.290
Eff. 4/2/86, Register 97; am 11/7/87, Register 104; am 4/29/91, Register 118; am 3/28/2008, Register 185

12 AAC 44.055 Review of nursing education programs

(a) An approved nursing education program must achieve at least an 80 percent cumulative annual pass rate.

(b) If an approved nursing education program fails to achieve at least an 80 percent cumulative annual pass rate, the board will issue a letter of concern to the program. Within 90 days after receipt of a letter of concern from the board, the approved nursing education program must submit to the board a report that

(1) analyzes the factors that are believed to be contributing to the low pass rate; and

(2) sets out the program's plan to achieve at least an 80 percent cumulative annual pass rate.

(c) After a letter of concern has been issued to an approved nursing education program, the board will reevaluate the program. A program offering the practical nurse certificate will be reevaluated one year after the letter of concern was issued. A program offering the associate degree or the baccalaureate degree in nursing will be reevaluated two years after the letter of concern was issued.

(d) If an approved nursing education program reevaluated by the board after the time period specified in (c) of this section has failed to achieve at least an 80 percent cumulative annual pass rate, the board will issue a letter of warning to the program. Within 90 days after receipt of a letter of warning from the board, the approved nursing education program must submit to the board a report that

(1) analyzes the reasons the program's original plan to improve the low pass rate was unsuccessful; and

(2) sets out the program's additional plan to achieve at least an 80 percent cumulative annual pass rate.

(e) After a letter of warning has been issued to an approved nursing education program, the board will reevaluate the program. A program offering the practical nurse certificate will be reevaluated one year after the letter of warning was issued. A program offering the associate degree or the baccalaureate degree in nursing will be reevaluated two years after the letter of warning was issued.

(f) If an approved nursing education program reevaluated by the board after the time period specified in (e) of this section has failed to achieve at least an 80 percent cumulative annual pass rate, the board will place the nursing education program on conditional approval. The nursing education program will continue on conditional approval until

(1) the nursing education program has achieved at least an 80 percent cumulative annual pass rate during two consecutive years; or

(2) approval of the nursing education program is revoked under 12 AAC 44.052.

(g) As used in this section, "at least an 80 percent cumulative annual pass rate" means that the year-end data published by the National Council of State Boards of Nursing (NCSBN) shows that at least 80 percent of the graduates of the approved nursing education program, taking the National Council Licensure Examination (NCLEX) for the first time, successfully passed the examination.

History

Authority: AS 08.68.100; AS 08.68.280; AS 08.68.290
Eff. 3/28/2008, Register 185

12 AAC 44.060 Organization and administration

(a) A nursing education program must be an integral part of an accredited institution authorized by the State to confer credentials in nursing.

(b) A nursing education program must have statements of purpose, philosophy, and objectives that are consistent with the law governing the practice of nursing.

(c) A nursing education program must be organized with clearly defined authority, responsibility, and channels of communication.

(d) A nursing education program must be administered by a registered nurse who is currently licensed in Alaska and who has at least a master's degree in nursing, and preparation or experience in administration, education, and clinical nursing practice.

(e) The administrator of a nursing education program is responsible for:

(1) the development and implementation of the curriculum;

(2) preparation and administration of the budget;

(3) recommendation for appointment, promotion, tenure, and retention of faculty; and

(4) notifying the board of any major changes in the program or its administration.

History

Authority: AS 08.68.100; AS 08.68.290
Eff. 10/14/72, Register 43; am 4/2/86, Register 97; am 11/7/87, Register 104

12 AAC 44.070 Budget

Repealed 4/2/86.

12 AAC 44.072 Resources, facilities, and services

(a) Written agreements with cooperating agencies must be mutually developed and maintained, and periodically reviewed.

(b) Cooperating agencies must be approved by any existing appropriate accreditation, evaluation or licensing bodies.

History

Authority: AS 08.68.100(a)
Eff. 4/2/86, Register 97

12 AAC 44.080 Students

Repealed 4/2/86.

12 AAC 44.090 Faculty

(a) There must be a sufficient number of qualified faculty to meet the purposes and objectives of the nursing education program.

(b) Unless waived by the board, the maximum number of students per faculty member is eight in clinical areas involving direct care of patients or clients.

(1) be currently licensed as a registered nurse in Alaska;

(2) have a minimum of a baccalaureate degree in nursing; and

(3) have one year of clinical nursing experience relevant to areas of responsibility.

(d) Nursing faculty who teach in a program offering the associate degree or the baccalaureate degree in nursing shall

(1) be currently licensed as a registered nurse in Alaska;

(2) have a minimum of a master's degree in nursing; and

(3) have one year of clinical nursing experience relevant to areas of responsibility.

(e) Adjunct faculty may be used for instruction of nursing courses and shall

(1) be currently licensed as a registered nurse in Alaska;

(2) have a minimum of a baccalaureate degree in nursing;

(3) have one year of clinical nursing experience relevant to areas of responsibility;

(4) be supervised by qualified nursing faculty.

(f) Faculty with comparable education will, in the board's discretion, be considered to have met the degree requirement of (c)(2), (d)(2), or (e)(2) of this section.

(g) Faculty are responsible for developing, implementing and evaluating the purpose, philosophy and objectives of the nursing program.

(h) For purposes of AS 08.68.800(a)(5), if an education program outside this state has students in this state doing clinical rotations, and if the time that a faculty member spends determining grades for those students, for clinical coursework performed during those rotations, and in combination with the time, if any, that the faculty member spends on other nursing education or nursing consultation activities in this state, exceeds 20 working days within a licensing period, the faculty member must be currently licensed as a registered nurse in this state.

History

Authority: AS 08.68.100; AS 08.68.290; AS 08.68.800
Eff. 10/14/72, Register 43; am 4/2/86, Register 97; am 11/19/2008, Register 188; am 5/7/2010, Register 194; am 5/16/2018, Register 226

12 AAC 44.100 Qualifications of director and professional nursing instructors

Repealed 4/2/86.

12 AAC 44.110 Records

Repealed 4/2/86.

12 AAC 44.120 School publications

Repealed 4/2/86.

12 AAC 44.130 Curriculum requirements

(a) Curriculum must reflect the philosophy, conceptual framework, purpose, and objectives of the nursing education program, and must be consistent with laws governing the practice of nursing.

(b) The ratio between nursing and nonnursing credit must be based on a rationale to ensure sufficient preparation for the safe and effective practice of nursing.

(d) Curriculum must be evaluated by the faculty with provisions for student participation.

(e) Support courses must be taught by academic faculty prepared in those disciplines.

(f) Curriculum for programs offering the practical nurse certificate must include

(1) theory and practice in nursing encompassing the attainment and maintenance of physical and mental health and the prevention of illness for individuals and groups throughout the life process;

(2) concepts of anatomy, physiology, chemistry, physics, and microbiology;

(3) concepts of communication, growth and development, interpersonal relations, and cultural diversity;

(4) ethics, nursing history and trends, vocational and legal aspects of nursing;

(5) concepts of pharmacology, nutrition, and diet therapy; and

(6) concepts of the nursing process.

(g) Curriculum for programs offering the associate degree or baccalaureate degree in nursing must include

(1) theory and practice in nursing, encompassing the attainment and maintenance of physical and mental health and the prevention of illness for individuals and groups throughout the life process;

(2) concepts of anatomy, physiology, chemistry, microbiology, and physics;

(3) sociology, psychology, communications, growth and development, interpersonal relations, group dynamics, and cultural diversity;

(4) concepts of pharmacology, nutrition and diet therapy, and pathophysiology;

(5) concepts of ethics, nursing history and trends, and the professional and legal aspects of nursing;

(6) concepts of patient education;

(7) concepts of the nursing process.

History

Authority: AS 08.68.100(a)AS 08.68.290
Eff. 10/14/72, Register 43; am 4/2/86, Register 97

12 AAC 44.135 Evaluation of nurse practitioner programs

(a) Beginning September 1, 2004, a nurse practitioner graduate program offered by a university or college in this state must meet the criteria established in (b) of this section.

(b) The criteria contained in the document titled Criteria for Evaluation of Nurse Practitioner Programs 2016, 5th Edition, issued by the National Task Force on Quality Nurse Practitioner Education, are adopted by reference as the criteria for approval of a graduate program for nurse practitioners under (a) of this section.

History

Authority: AS 08.68.100; AS 08.68.280; AS 08.68.290
Eff. 7/17/2003, Register 167; am 10/16/2011, Register 200; am 8/10/2016, Register 219; am 5/16/2018, Register 226

12 AAC 44.137 Licensed practical nurse scope of practice

The standards of practice set out in the Nurse Practice Standards for the Licensed Practical & Licensed Vocational Nurse, May 30, 2023 edition, of the National Association of Licensed Practical Nurses are adopted by reference as the authorized scope of practice for a practical nurse licensed under this chapter.

History

Authority: AS 08.68.100
Eff. 6/27/2025, Register 254

12 AAC 44.140 Reports

By October 1 of each year, unless otherwise designated by the board, nursing education programs shall submit to the board reports related to faculty, students, and current curriculum, as follows:

(1) changes or new developments in the purpose, philosophy, objectives, conceptual framework, and subsequent curriculum changes;

(2) changes in the administrative structure;

(3) update on faculty membership;

(4) student enrollment statistics;

(5) resources and facilities data update;

(6) a program evaluation and plan for program improvement;

(7) projected changes for the school of nursing and curriculum for the next year;

(8) results of studies of postgraduate activities relative to ongoing employment and accomplishments of graduates.

History

Authority: AS 08.68.100
Eff. 10/14/72, Register 43; am 4/2/86, Register 97; am 5/29/2005, Register 174

Article 3 Examinations and Licensure

12 AAC 44.290 Application for examination

(a) An applicant for license by examination in this state shall

(1) submit a completed application, on a form provided by the department, for approval to take the licensing examination; the completed application must include

(A) for identification purposes, the personal identification information requested on the application form;

(B) an attestation that the applicant graduated from or is eligible to graduate from a nursing education program approved by the board;

(D) information on the applicant's physical and mental health related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(E) information on any criminal convictions related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(F) the applicant's notarized signature certifying that the information in the application is correct to the best of the applicant's knowledge;

(G) the applicant's fingerprint information described in 12 AAC 44.319(a);

(2) pay the application fee, the fingerprint processing fee, and the license fee specified in 12 AAC 02.280;

(3) provide to the board, if the applicant is

(A) a graduate of a foreign pre-licensure education program that is not taught in English

(i) verification that the applicant has passed an English proficiency examination that includes components on reading, speaking, writing, and listening;

(ii) an evaluation of the applicant's nursing education by the Commission on Graduates of Foreign Nursing Schools Credentials Evaluation Service, including a full education, course-by-course report that indicates the applicant's nursing education was taught in English; or

(iii) an official International Commission on Healthcare Professions (ICHP) certificate that verifies that the applicant has successfully completed the VisaScreen: Visa Credential Assessment Service;

(B) a practical nurse applicant who is a United States military servicemember on active duty or reserve status, or discharged by means other than a dishonorable discharge not more than five years from the date of application, who has completed a nursing education program provided by the United States military that is equivalent to an accredited practical nurse education program under AS 08.68.170

(i) a complete certified transcript of the applicant's military education, submitted directly to the board from the appropriate military service branch;

(ii) verification of employment on a form provided by the board that the applicant has, within the last five years, worked in the United States military in a nursing role for which the applicant received training equivalent to an accredited practical nurse education program; and

(iii) an attestation that the applicant is familiar with the licensed practical nurse scope of practice set out under 12 AAC 44.136;

(4) repealed 4/27/83;

(5) provide a nursing program verification form; the nursing program verification form must be completed by an official of the school of nursing attended and submitted directly to the department from the school of nursing; and

(6) provide, at the written request of the board, additional information that is necessary to demonstrate that the applicant has met the licensing requirements of AS 08.68 and this chapter.

(b) The application, fees, and all supporting documents required under (a) of this section must be on file with the department before the applicant will be approved to take the licensing examination.

(c) An applicant who is approved to take the licensing examination is eligible for examination for one year after the date the department sends a notice of approval to take the NCLEX to the testing company. An applicant who does not take the examination within that year shall reapply for approval under (a) of this section and submit the application fee and fingerprint processing fee.

(d) Repealed 5/7/2010.

(e) Repealed 5/7/2010.

History

Authority: AS 08.68.100; AS 08.68.190; AS 08.68.280 AS 08.68.170; AS 08.68.270
Eff. 10/14/72, Register 43; am 4/27/83, Register 86; am 8/2/86, Register 99; am 7/28/95, Register 135; am 4/27/97, Register 142; am 9/25/98, Register 147; am 6/16/2002, Register 162; am 10/9/2002, Register 164; am 11/23/2003, Register 168; am 10/15/2004, Register 172; am 5/18/2006, Register 178; am 3/4/2007, Register 181; am 5/7/2010, Register 194; am 10/3/2011, Register 200; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 4/14/2021, Register 238; am 6/12/2022, Register 242; am 8/19/2022, Register 243; am 8/25/2023, Register 247; am 5/8/2025, Register 254

12 AAC 44.300 Examinations

(a) Candidates for a license by examination shall take the National Council Licensing Examination.

(b) Registered nurse candidates who receive a grade of "pass" on the examination will be issued a license by the board, provided all other qualifications and requirements outlined in AS 08.68 are also met.

(c) Practical nurse candidates who receive a grade of "pass" on the examination will be issued a license by the board, provided all other qualifications and requirements outlined in AS 08.68 are also met.

(d) Registered nurse candidates or practical nurse candidates who fail the examination may repeat the examination. A candidate who does not pass the examination within two years after the date the examination was first administered to the candidate must complete a remedial course approved by the board. The candidate must provide proof of having fulfilled the requirements of the remedial course before attempting to retake the examination.

(e) To apply for reexamination, a candidate shall submit

(1) a written request for reexamination; and

(2) the reexamination application fee required in 12 AAC 02.280.

(f) An applicant for a registered nurse license by examination who passes the examination but does not obtain licensure in this state or in another licensing jurisdiction within one year after taking the examination shall meet the requirements of 12 AAC 44.600(1) or (2)(A) and (B) in addition to the other licensure requirements.

(g) An applicant who graduated from an accredited nursing program more than two years before an application for licensure by examination must take a remedial nursing course approved by the board before attempting the NCLEX.

History

Authority: AS 08.68.100; AS 08.68.190
Eff. 10/14/72, Register 43; am 4/27/83, Register 86; am 11/12/93, Register 128; am 7/28/95, Register 135; am 11/2/2001, Register 160; am 7/22/2004, Register 171; am 8/10/2016, Register 219

12 AAC 44.305 License by endorsement

(a) An applicant for nursing license by endorsement shall submit

(1) a completed application on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) the name and location of the nursing education program attended by the applicant;

(C) information on the applicant's physical and mental health related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(D) information on any criminal convictions related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(E) attestation of 320 hours of nursing-related employment in the five years immediately before the date of application;

(F) the applicant's notarized signature certifying that the information in the application is correct to the best of the applicant's knowledge;

(G) the applicant's fingerprint information described in 12 AAC 44.319(a); and

(H) if the applicant is a graduate of a foreign pre-licensure education program not taught in English

(i) verification that the applicant has passed an English proficiency examination that includes components on reading, speaking, writing, and listening;

(iii) an official International Commission on Healthcare Professions (ICHP) certificate that verifies that the applicant has successfully completed the VisaScreen: Visa Credential Assessment Service;

(2) the application fee, fingerprint processing fee, and the license fee specified in 12 AAC 02.280;

(3) verification that the applicant holds a current license, that is in good standing and unencumbered, to practice in another jurisdiction where licensing requirements meet the requirements set out in (b) of this section; and

(4) a reference letter from the applicant's past employer verifying that the applicant has been employed in a nursing capacity for at least 320 hours within the last five years before application; if the applicant has not worked within the preceding five years, the applicant must submit proof of meeting the continuing competency requirements of the board or complete a course of study approved by the board.

(b) In order to qualify for licensure by endorsement, an applicant must secure verification by an official of the licensing jurisdiction in which the applicant was licensed by examination, on a form provided by the department, or through the National Council of State Boards of Nursing online verification system, that the license was obtained by meeting the following qualifications:

(1) successful completion of a recognized nursing education program, or the United States Army Practical Nurse Program, or Air Force Basic Medical Technician Corpsman Program (BMTCP) 4N051 (5 Skill Level); and

(2) passing one of the following examinations:

(A) the National Council Licensing Examination given after October 30, 1988 with a "pass";

(B) the National Council Licensing Examination given after June 30, 1982 but before October 30, 1988, with a standard score of 1,600 for a registered nurse candidate or a standard score of 350 for a practical nurse candidate;

(C) the State Board Test Pool examination given before July 1, 1982, with a score of 350 on each section for registered nurses and 350 on the examination for licensed practical nurses; or

(D) an examination constructed by another licensing jurisdiction given before 1953, with a minimum score of 75 percent.

History

Authority: AS 08.68.100; AS 08.68.200 AS 08.68.170; AS 08.68.270
Eff. 4/27/83, Register 86; am 8/2/86, Register 99; am 4/29/91, Register 118; am 4/27/97, Register 142; am 9/25/98, Register 147; am 11/2/2001, Register 160; am 6/16/2002, Register 162; am 3/4/2007, Register 181; am 12/27/2012, Register 204; am 3/19/2014, Register 209; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 4/14/2021, Register 238; am 4/21/2022, Register 242; am 6/12/2022, Register 242; am 8/19/2022, Register 243; am 8/25/2023, Register 247; am 5/8/2025, Register 254

12 AAC 44.310 Licensure by endorsement for graduates of foreign schools of nursing

(a) Applicants shall submit all required documents accompanied by certified English translations if the original documents are not in English.

(b) Unless otherwise provided by this section, nurses who have received nursing education outside the United States shall write the National Council Licensing Examination.

(c) An applicant who has successfully passed the National Council Licensing Examination in another jurisdiction, is licensed in that jurisdiction, and has met the licensure requirements of AS 08.68 and 12 AAC 44.305 will be licensed by endorsement. If the applicant did not obtain licensure in that jurisdiction, the applicant will be licensed by examination.

(d) The board will, in its discretion, issue a license by endorsement under AS 08.68.200, to an applicant who was licensed in Canada as a result of passing the national Canadian examination

(1) before August 1980, with a score of at least 350 on each of the five parts of the examination; or

(2) after July 1980 but before July 1992, with a score of at least 400.

History

Authority: AS 08.68.100; AS 08.68.200 AS 08.68.190; AS 08.68.210
Eff. 10/14/72, Register 43; am 4/27/83, Register 86; am 8/9/92, Register 123; am 11/12/93, Register 128; 5/29/2005, Register 174; am 3/4/2007, Register 181; am 5/7/2010, Register 194

12 AAC 44.311 Retired nurse license status

(a) An individual holding an active unencumbered nursing license that is not under investigation with the board may apply for the conversion of a nursing license to a retired nurse license status. An individual holding a retired nurse license status may use the title "advanced practice registered nurse-retired (APRN, Retired)", "registered nurse-retired (RN, Retired)", or "licensed practical nurse-retired (LPN, Retired)", as appropriate, but may not practice, or indicate that the individual is practicing or soliciting to practice as an advanced practice registered nurse, registered nurse, or licensed practical nurse in the state. A retired nurse license status is valid for the life of the holder and does not require renewal.

(b) The board will issue a retired nurse status to an individual who meets the requirements of (a) of this section if the applicant

(1) submits a completed application on a form provided by the department; and

(2) pays the retired nurse status one-time fee specified in 12 AAC 02.280.

(c) An individual who holds a retired nurse license status who wishes to return to the practice of nursing may request a change from retired nurse status to active licensure by meeting the requirements of 12 AAC 44.317.

History

Authority: AS 08.01.100; AS 08.68.100
Eff. 8/10/2016, Register 219; am 8/8/2018, Register 227

12 AAC 44.312 Temporary military courtesy license or certification to practice as a certified nurse aide, licensed practical nurse, registered nurse, or advanced practice registered nurse

(a) The board will issue a temporary military courtesy license or certification to an active duty military member or spouse of an active duty military member of the armed forces of the United States who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license or certification under this section

(1) must submit a completed application on a form provided by the department;

(2) must submit the fingerprint information described in 12 AAC 44.319(a);

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is currently licensed or certified in another licensing or certifying jurisdiction and the applicant's license or certification in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements;

(5) may not have been convicted of a crime that affects the applicant's ability to practice nursing or practice as a certified nurse aide competently and safely, as determined by the board; and

(6) must pay

(A) the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105; and

(B) the fingerprint processing fee specified in 12 AAC 02.280 for nurses and advanced practice registered nurses or 12 AAC 02.282 for certified nurse aides.

(c) A temporary military courtesy license or certification issued to an active duty military member or spouse of an active duty military member under this section will be issued for a period of 180 days and may be renewed for one additional 180-day period, at the discretion of the board.

(d) While practicing under a temporary military courtesy license or certification issued under this section, the holder of the temporary military courtesy license or certification must comply with the standards of practice set out in AS 08.68 and this chapter.

(e) The board may refuse to issue a temporary military courtesy license or certification for the same reasons that it may deny, suspend, or revoke a license under AS 08.68.270.

History

Authority: AS 08.01.062; AS 08.68.100; AS 08.68.275 AS 08.01.063; AS 08.68.270
Eff. 6/12/2022, Register 242

12 AAC 44.315 License renewal

(a) A practical nurse license must be renewed biennially on or before September 30 of even-numbered years. A registered nurse license and advanced practice registered nurse license must be renewed biennially on or before a date set by the department. A renewal reminder document will be mailed to each currently licensed nurse at least 60 days before the renewal date.

(b) A license not renewed on or before the last day of the biennial licensing period lapses on the first day of the new licensing period. An applicant whose license has lapsed must meet the requirements under 12 AAC 44.317.

History

Authority: AS 08.68.100; AS 08.68.251; AS 08.68.276
Eff. 4/27/97, Register 142; am 11/2/2001, Register 160; am 5/7/2010, Register 194; am 3/19/2014, Register 209; am 5/16/2018, Register 226; am 11/12/2020, Register 236

12 AAC 44.317 Reinstatement of a lapsed or retired status license

(a) The board will reinstate a license to practice as a registered or practical nurse, that has lapsed or been on a retired status less than one year, if the applicant

(1) submits a completed reinstatement application, on a form provided by the department, that includes

(A) the applicant's name, address, social security number, and date of birth;

(B) the applicant's international nursing license history;

(C) information on the applicant's physical and mental health related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(D) information regarding criminal convictions related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(E) information regarding the method used to satisfy the continuing competency requirements in 12 AAC 44.600 - 12 AAC 44.660; and

(F) the applicant's notarized signature certifying that the information in the application is correct to the best of the applicant's knowledge;

(2) pays the biennial license renewal fee established in 12 AAC 02.280;

(3) pays the penalty fee established in 12 AAC 02.280, if the license has lapsed more than 60 days, unless the applicant seeking reinstatement holds a retired status license;

(4) submits documentation of continuing competency activities in accordance with 12 AAC 44.600 - 12 44.660; the applicant must have completed those activities within the immediate two years before applying for reinstatement; and

(5) submits verification of licensure in good standing and unencumbered for each jurisdiction where the applicant held a license to practice nursing during the time period in which the applicant's license was lapsed in this state; a verification of licensure submitted under this paragraph must be either

(A) obtained through the National Council of State Boards of Nursing online license verification system;

(B) received directly from the licensing authority in the other jurisdiction; or

(C) obtained from an electronic data base maintained by the licensing authority in another jurisdiction that indicates that the electronic data base is a primary source of verification of licensure in that jurisdiction.

(b) The board or executive administrator will reinstate a license to practice as a registered or practical nurse that has been lapsed or on a retired status at least one year, but less than five years, if the applicant

(1) submits a completed application for reinstatement, on a form provided by the department, that includes

(A) the applicant's name, address, social security number, and date of birth;

(B) the applicant's international nursing license history;

(C) information on the applicant's physical and mental health related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(D) information regarding criminal convictions related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(E) the applicant's notarized signature certifying that the information in the application is correct to the best of the applicant's knowledge; and

(F) the applicant's fingerprint information described in 12 AAC 44.319(a);

(2) pays the biennial license renewal fee, the fingerprint processing fee, and penalty fee established in 12 AAC 02.280;

(3) submits documentation of continuing education competency activities in accordance with 12 AAC 44.600 - 12 AAC 44.660; the applicant must have completed those activities within the immediate two years before applying for reinstatement;

(4) submits verification of licensure in good standing and unencumbered for each jurisdiction where the applicant held a license to practice nursing during the time period in which the applicant's license was lapsed in this state; a verification of licensure submitted under this paragraph must be either

(A) obtained through the National Council of State Boards of Nursing online license verification system;

(B) received directly from the licensing authority in the other jurisdiction; or

(5) submits a reference letter, on a form provided by the department, from the applicant's past employer verifying that the applicant has been employed in a nursing capacity for at least 320 hours within the last five years before application; if the applicant has not worked within the preceding five years, the applicant must submit proof of completion of a course of study approved by the board; the course of study must include classroom instruction and a minimum of 100 supervised clinical hours with at least 60 percent of the hours in direct patient care.

(c) The board or executive administrator will reinstate a license to practice as a registered or practical nurse that has been lapsed or on a retired status five years or more, if the applicant meets the requirements of AS 08.68.251 and (b) of this section.

History

Authority: AS 08.01.100; AS 08.68.251 AS 08.68.100; AS 08.68.276
Eff. 11/2/2001, Register 160; am 10/15/2004, Register 172; am 3/4/2007, Register 181; am 3/28/2008, Register 185; am 11/19/2008, Register 188; am 12/23/2009, Register 192; am 10/3/2011, Register 200; am 12/27/2012, Register 204; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 8/25/2023, Register 247; am 5/8/2025, Register 254

12 AAC 44.318 Emergency courtesy license

(a) In an urgent situation, the board will issue an emergency courtesy license to practice nursing to an applicant who meets the requirements of this section. The board may restrict the license to only those nursing services required to respond to the urgent situation. The licensee may not practice nursing outside the scope of the limited purpose for which the emergency courtesy license is issued.

(d) The board will not issue, and an emergency courtesy license holder may not use, an emergency courtesy license as a substitute for a temporary license or other license required under AS 08.68.

(e) While practicing under an emergency courtesy license issued under this section, the holder of the emergency courtesy license must comply with the standards of practice set out in AS 08.68 and this chapter.

(f) The board may refuse to issue an emergency courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.68.270.

(g) In this section, "urgent situation" means a health crisis requiring an increased availability of nurses or nurses with specialized education.

History

Authority: AS 08.01.062; AS 08.68.170; AS 08.68.275 AS 08.68.100; AS 08.68.270
Eff. 11/19/2008, Register 188; am 5/16/2018, Register 226; em am 4/10/2020 - 8/7/2020, Register 234; am 11/10/2020, Register 236

12 AAC 44.319 Criminal justice information

(a) If submission of fingerprint information is required by 12 AAC 44.290 - 12 AAC 44.320, an applicant shall submit the applicant's fingerprints and other information required by the Department of Public Safety to obtain state and national criminal justice information under AS 12.62 and AS 12.64.

(b) The department shall submit the fingerprints received under this section to the Department of Public Safety and request the Department of Public Safety to

(1) submit the fingerprints to the Federal Bureau of Investigation for a report on national criminal justice information;

(2) perform a check for state criminal justice information; and

(3) report to the department the results of the criminal justice information checks under (1) and (2) of this subsection.

(d) If an applicant twice has submitted fingerprints as required under this section, that the Department of Public Safety or the Federal Bureau of Investigation have been unable to read, the department will request that the Department of Public Safety and the Federal Bureau of Investigation instead conduct a search of the agency's criminal justice information records based upon the name of the applicant.

(e) Except as provided in (d) of this section, an application for renewal or reinstatement of the applicant's initial license will be denied by the board if

(1) the criminal justice information requested under (b) of this section has not been received by the department;

(2) the department has notified the applicant in writing that the applicant's criminal justice information has not been received by the department and has directed the applicant to resubmit the documents and information required under (a) of this section; and

(3) the applicant has failed to resubmit the documents and information required under (a) of this section as directed by the department.

History

Authority: AS 08.68.100; AS 08.68.270
Eff. 6/16/2002, Register 162; am 7/30/2002, Register 163; am 10/15/2004, Register 172; am 3/4/2007, Register 181; am 12/23/2009, Register 192; am 5/16/2018, Register 226; am 3/5/2020, Register 233

12 AAC 44.320 Temporary permits

(a) Repealed 7/28/95.

(b) The board may issue a temporary nonrenewable permit to an applicant for license by endorsement who submits

(1) a completed application as required in 12 AAC 44.305(a)(1)(A) - (G);

(2) the application fee, the fingerprint processing fee, the license by endorsement fee, and the temporary permit fee specified in 12 AAC 02.280;

(3) verification of a current license issued by another licensing jurisdiction to practice as a registered nurse or a practical nurse; the license must be in good standing and unencumbered; and

(4) the applicant's fingerprint information described in 12 AAC 44.319(a).

(d) A temporary nonrenewable permit issued under (b) of this section is valid for six months from the date of issuance or until a permanent license is issued or denied, whichever occurs first.

(e) The board may issue a temporary nonrenewable permit to an applicant by examination who

(1) applies for licensure by examination on a form provided by the department in accordance with 12 AAC 44.290;

(2) has not

(A) failed the NCLEX examination; and

(B) failed to appear and take the NCLEX examination for which the applicant was registered;

(3) pays the application fee, the fingerprint processing fee, the license by examination fee, and the temporary permit fee specified in 12 AAC 02.280;

(4) submits a certified or notarized nursing program verification form directly from the school of nursing attended verifying successful completion of the nursing program;

(5) submits the applicant's fingerprint information described in 12 AAC 44.319(a); and

(6) submits an evaluation of the applicant's nursing education by the Commission on Graduates of Foreign Nursing Schools Credentials Evaluation Service, with a full education, course-by-course report if the applicant is a practical nurse applicant or a registered nurse applicant who graduated from a school of nursing outside of the United States or Canada, except Quebec, Canada.

(f) The temporary nonrenewable permit issued under (e) of this section is valid for six months or until the results of the NCLEX are made available to the board and notification of the results is received by the temporary permit holder, whichever occurs first.

(g) The board may issue a temporary nonrenewable permit to an applicant for reinstatement who

(1) submits a completed application for reinstatement on a form provided by the department that includes the information required under 12 AAC 44.317(a)(l)(A) - (F);

(2) pays the biennial license renewal fee, the penalty fee, and the temporary permit fee established under 12 AAC 02.280;

(3) submits verification of licensure, in good standing and unencumbered, for each jurisdiction where the applicant held a license to practice nursing during the time period in which the applicant's license was lapsed in this state; verification of licensure must be submitted in accordance with 12 AAC 44.317(a)(5); and

(4) if an applicant's license has been lapsed for a period of over one year, submits a fingerprint card in accordance with 12 AAC 44.3 l 9(a).

(h) A temporary nonrenewable permit issued under (g) of this section is valid for six months from the date of issuance or until a permanent license is issued or denied, whichever occurs first. Only one temporary nonrenewable permit may be issued during each period a license is on a lapsed or retired status.

History

Authority: AS 08.68.100; AS 08.68.200 AS 08.68.170; AS 08.68.210
Eff. 10/14/72, Register 43; am 6/27/76, Register 58; am 4/27/83, Register 86; am 8/2/86, Register 99; am 7/28/95, Register 135; am 4/27/97, Register 142; am 9/25/98, Register 147; am 6/16/2002, Register 162; am 11/23/2003, Register 168; am 3/4/2007, Register 181; am 10/3/2011, Register 200; am 12/27/2012, Register 204; am 4/21/2002, Register 242; am 9/28/2025, Register 255

12 AAC 44.321 Review of applications

Repealed

History

Eff. 10/8/95, Register 136; am 4/27/97, Register 142; am 6/16/2002, Register 162; am 7/30/2002, Register 163; am 5/2/2004, Register 170; am 2/9/2007, Register 181; am 3/4/2007, Register 181; am 3/28/2008, Register 185; am 12/27/2012, Register 204; am 5/16/2018, Register 226; am 10/20/2018, Register 228; repealed 3/5/2020, Register 233

Article 4 Advanced Practice Registered Nurse

(2) adult/gerontology;

(3) neonatal;

(4) pediatric;

(5) women's health/gender related;

(6) psychiatric/mental health;

(c) An advanced practice registered nurse licensed or certified in the following population foci by January 1, 2024 may continue to practice as long as that certification is maintained:

(1) acute care/emergency;

(2) adult health;

(3) adult psychiatric/mental health;

(4) family health;

(5) family psychiatric/mental health;.

(6) geriatric nursing;

(7) women's health.

History

Authority: AS 08.68.100; AS 08.68.850
Eff. 3/28/2008, Register 185; am 4/16/2010, Register 194; am 3/19/2014, Register 209; am 5/16/2018, Register 226; am 8/8/2018, Register 227

12 AAC 44.400 Requirements for initial licensure

(a) Except as provided in (e) and (f) of this section, an applicant for initial licensure to practice as an advanced practice registered nurse (APRN) as defined in AS 08.68.850

(1) must have satisfactorily completed

(A) a formal accredited graduate educational course of study preparing in one of the APRN roles that

(i) is a minimum of one academic year in length;

(ii) prepares registered nurses to perform an expanded role in the delivery of health care;

(iii) includes a combination of classroom instruction and a minimum of 500 separate, non-duplicated hours of supervised clinical practice;

(iv) for a certified nurse practitioner, a certified nurse midwife, or a certified clinical nurse specialist, if completed on or after January 1, 1998, has distinct graduate level course offerings in advanced pathophysiology, advanced pharmacotherapeutics, and advanced physical assessment, as evidenced by an official transcript or other official documentation received directly from a graduate program accredited by a nursing accrediting body that is recognized by the United States Secretary of Education or that is recognized by the Council for Higher Education Accreditation or its successor organization; and

(v) for a certified registered nurse anesthetist, if completed on or after January 1, 2016, has distinct graduate level course offerings in advanced pathophysiology, advanced pharmacotherapeutics, and advanced physical assessment, as evidenced by an official transcript or other official documentation received directly from a graduate program accredited by a nursing accrediting body that is recognized by the United States Secretary of Education or that is recognized by the Council for Higher Education Accreditation or its successor organization;

(B) repealed 4/27/97;

(2) must hold a current license to practice as a registered nurse in this state;

(3) must hold a current certification of advanced practice registered nurse in the population focus of nursing for which the applicant was educated as provided in (a) of this section, granted by a national certification body recognized by the board and as evidenced by official documentation received directly from the certifying body;

(4) shall, in the absence of a continuing education requirement of the certifying body, submit documented evidence of having obtained 60 contact hours of continuing education in the population focus of the advanced practice registered nurse every two years;

(5) repealed 1/19/2022;

(6) shall submit a completed application on a form provided by the department; the completed application must include

(A) repealed 8/25/2023;

(B) repealed 8/25/2023;

(C) the applicant's notarized signature certifying that the information in the application is correct to the best of the applicant's knowledge;

(D) a certified transcript sent directly to the department from the graduate APRN program of study showing the applicant has satisfactorily completed an educational course of study that meets the requirements of (1) of this subsection; and

(E) if the applicant is a graduate of a foreign pre-licensure education program not taught in English,

(i) verification that the applicant has passed an English proficiency examination that includes components on reading, speaking, writing. and listening

(iii) an official International Commission on Healthcare Professions (ICHP) certificate that verifies that the applicant has successfully completed the VisaScreen: Visa Credential Assessment Service; and

(7) shall submit the initial biennial licensure fee established by 12 AAC 02.280.

(b) Repealed 12/1/84.

(d) To meet the requirements of (a)(3) of this section, an applicant for licensure to practice as an adult or family psychiatric mental health nurse practitioner must submit

(1) certification issued by the American Nurses Credentialing Center before January 1, 2003 certifying that the applicant has passed the examination administered by the American Nurses Credentialing Center for

(A) psychiatric mental health clinical nurse specialist; or

(B) adult or family psychiatric mental health nurse practitioner; or

(2) certification issued by the American Nurses Credentialing Center on or after January 1, 2003 certifying that the applicant has passed the examination administered by the American Nurses Credentialing Center for adult or family psychiatric mental health nurse practitioner or clinical nurse specialist.

(e) Notwithstanding the requirements of this section, an applicant for initial authorization to practice as an advanced practice registered nurse who is a graduate of a foreign advanced practice registered nurse program may satisfy the requirements of (a) of this section by graduation from a foreign graduate level advanced practice registered nurse program that is equivalent to an accredited advanced practice registered nurse education program in the United States. The applicant must submit an official transcript, mailed directly to the department from the foreign advanced practice registered nurse program, and accompanied by certified English translations if the original documents are not in English. The applicant must also submit a credentials evaluation from the Commission on Graduates of Foreign Nursing Schools verifying that the foreign advanced practice registered nurse education program from which the applicant graduated is equivalent to an accredited advanced practice registered nurse education program in the United States.

(f) Notwithstanding the requirements of this section, the graduate degree requirements of (a) of this section are satisfied by a

(1) certificate-prepared women's health care nurse practitioner, neonatal nurse practitioner, or nurse midwife who completed the individual's advanced nurse practitioner program before January 1, 2006;

(2) certificate-prepared nurse practitioner in a population focus recognized by the board, other than a population focus listed in (1) of this subsection, who completed the individual's advanced practice registered nurse program before January 1, 2003; or

(3) certificate-prepared certified registered nurse anesthetist who completed an accredited program before January 1, 2001.

(g) In this section,

(1) "accredited" means approved by the Commission on Collegiate Nursing Education (CCNE), the Accrediting Commission for Education in Nursing (ACEN), the National League of Nursing Accrediting Commission (NLNAC, the Council on Accreditation of Nurse Anesthesia Program (COA), the Accreditation Commission for Midwifery Education, or another national nursing accrediting organization at the time the applicant attended the program;

(2) "certificate-prepared" means an advanced practice registered nurse who graduated from an advanced practice registered nurse program that awarded a certificate.

History

Authority: AS 08.68.100; AS 08.68.850
Eff. 1/13/80, Register 73; am 5/16/81, Register 78; am 12/1/84, Register 91; am 11/7/87, Register 104; am 4/27/97, Register 142; am 11/2/2001, Register 160; am 11/16/2002, Register 164; am 3/28/2008, Register 185; am 11/19/2008, Register 188; am 4/16/2010, Register 194; am 10/3/2011, Register 200; am 12/27/2012, Register 204; am 3/19/2014, Register 209; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 10/20/2018, Register 228; am 4/14/2021, Register 238; am 1/19/2022, Register 241; am 6/12/2022, Register 242; am 8/25/2023, Register 247; am 5/8/2025, Register 254

12 AAC 44.410 Collaborative relationship

Repealed 12/1/84.

12 AAC 44.420 Recognized certification bodies

(a) The board may recognize national certification bodies that certify advanced practice registered nurse by exercising responsibility for

(1) approving the basic education course of study in the population focus;

(2) examining graduates of the course of study; and

(3) addressing the issue of ongoing competency.

(b) The board will annually review national certification bodies to assure that board requirements are met.

(d) An applicant applying for an advanced practice registered nurse license by virtue of certification from a body not on the board's current list of certification bodies shall supply the board with sufficient data to evaluate the authority of the certifying body.

History

Authority: AS 08.68.100
Eff. 1/13/80, Register 73; am 12/1/84, Register 94; am 10/3/2011, Register 200; am 5/16/2018, Register 226

12 AAC 44.430 Scope of practice

The board recognizes advanced and specialized acts of nursing practice as those described in the scope of practice statements published by national professional nursing associations recognized by the board for advanced practice registered nurses certified by the national certification bodies recognized by the board.

History

Authority: AS 08.68.100
Eff. 1/13/80, Register 73; am 8/8/2018, Register 227

12 AAC 44.435 Advanced nurse practitioner in remote location

Repealed 12/1/84.

12 AAC 44.440 Prescriptive authority

(a) The board may authorize an advanced practice registered nurse (APRN) to prescribe and dispense legend drugs in accordance with applicable state and federal laws.

(b) An advanced practice registered nurse who applies for authorization to prescribe and dispense drugs

(1) must be currently designated as an APRN in this state at the time of application;

(2) shall provide evidence of completion of 15 contact hours of education in advanced pharmacology and clinical management of drug therapy within the two-year period immediately before the date of application; and

(3) shall submit a completed application as required in 12 AAC 44.400(a)(6) accompanied by the application fee established in 12 AAC 02.280.

(d) The board may limit, restrict, deny, suspend, or revoke prescriptive authorization or APRN licensure if the APRN has

(1) not maintained current licensure as an APRN;

(2) not maintained current national certification from the national certifying body within their scope of practice;

(3) prescribed, dispensed, administered, or distributed drugs in an unsafe manner or without adequate instruction to patients according to acceptable and prevailing standards;

(4) sold, purchased, traded, or offered to sell, purchase, or trade drug samples;

(5) prescribed, dispensed, administered, or distributed drugs for other than therapeutic or prophylactic purposes;

(6) prescribed or dispensed drugs to individuals who are not patients of the APRN or who are not within the nurse's role and population foci; or

(7) violated any provision of state or federal statutes and regulations pertaining to nursing practice.

(e) An APRN's prescriptive authority must be renewed biennially with the APRN licensure.

(f) An APRN may receive, sign for, record, and distribute medication samples to patients. The distribution of drug samples must be in accordance with state laws and United States Drug Enforcement Administration laws and guidelines.

(g) Contact hours used for initial licensure as an APRN may not be used again for renewal of the licensure unless the initial licensure is within 180 days of the renewal deadline.

(h) In this section, "prescriptive authority" includes authority to dispense prescriptions.

History

Authority: AS 08.68.100; AS 08.68.850
Eff. 1/13/80, Register 73; am 12/1/84, Register 91; am 11/7/87, Register 104; am 8/9/92, Register 123; am 4/9/94, Register 130; am 4/27/97, Register 142; am 7/17/2003, Register 167; am 5/29/2005, Register 174; am 3/28/2008, Register 185; am 12/23/2009, Register 192; am 4/16/2010, Register 194; am 12/27/2012, Register 204; am 3/19/2014, Register 209; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 1/19/2022, Register 241

12 AAC 44.445 Controlled substance prescriptive and dispensing authority

(a) In addition to legend drug prescriptive and dispensing authority under 12 AAC 44.440, the board may authorize an advanced practice registered nurse (APRN) to prescribe and dispense schedule II - V controlled substances in accordance with applicable state and federal laws if an applicant

(1) submits a completed application on a form provided by the department; the completed application must include the applicant's

(A) name, address, and phone number;

(B) license number as an APRN;

(D) repealed 12/27/2012; and

(E) notarized signature certifying that the information in the application is correct to the best of the applicant's knowledge;

(2) repealed 12/27/2012; and

(3) pays the application fee established by 12 AAC 02.280.

(b) All the provisions of 12 AAC 44.440 apply to an APRN with controlled substance prescriptive authority under this section.

(c) Written, verbal, or electronic controlled substance prescriptions and orders must comply with all applicable state and federal laws.

(d) An advanced practice registered nurse with controlled substance prescriptive and dispensing authority must register with the controlled substance prescription database under AS 17.30.200(n).

(e) An advanced practice registered nurse with authority to prescribe controlled substances may only delegate to a registered nurse or licensed practical nurse to access the database on the practitioner's behalf.

(f) When prescribing a drug that is a controlled substance, as defined in AS 11.71.900, the APRN shall create and maintain a complete, clear, and legible written record of care that includes

(1) a patient history and evaluation sufficient to support a diagnosis;

(2) a diagnosis and treatment plan for the diagnosis;

(3) a plan for monitoring the patient for side effects of the drug and results of the drug;

(4) a record of each drug prescribed, administered, or dispensed, including the type of drug, dose, and any authorized refills.

(g) The APRN shall check the controlled substance prescription database, established under AS 17.30.200, before a controlled substance designated schedule II or III under federal law is initially dispensed, prescribed, or administered to a patient, at least once every 30 days for up to 90 days, and at least once every three months if a course of treatment continues for more than 90 days. This subsection does not apply if

(1) the patient is currently receiving treatment in a licensed health care facility and that prescription is non-refillable;

(2) the patient is currently receiving treatment in the emergency room in a licensed health care facility and that prescription is non-refillable;

(3) the controlled substance is dispensed or prescribed to a patient immediately before, during, or within the first 48 hours of undergoing a medical or surgical procedure in a licensed health care facility, and that prescription is non-refillable;

(4) the controlled substance is dispensed or prescribed to a patient currently receiving care in hospice;

(5) the quantity of the controlled substance prescribed does not exceed an amount that is adequate for a single three-day treatment period, the prescription does not allow a refill, and no subsequent prescriptions are written for or dispensed for the next 15 days; or

(6) the controlled substance prescription database is not operational due to a temporary technological or electrical failure or natural disaster.

(h) A licensee treating a patient with a prescription for a controlled substance that was initially written at least 90 days before May 16, 2018 shall check the controlled substance prescription database established under AS 17.30.200 at least once every three months for the duration of the prescription.

(i) An applicant who holds a valid federal Drug Enforcement Administration registration number, shall provide verification that the applicant has

(A) completed no less than two hours of education in pain management and opioid use and addiction within the two-year period immediately before the date of application; and

(B) registered with the prescription drug monitoring program (PDMP) controlled substance prescription database under AS 17.30.200, and 12 AAC 52.855.

(j) In addition to the requirements of this section, when prescribing a controlled substance, an APRN with prescriptive authority shall comply with the maximum dosage for opioid prescriptions under AS 08.68.705. The maximum daily dosage for a patient initial opioid prescription under AS 08.68.705(a) may not exceed 50 morphine milligram equivalents (MME).

History

Authority: AS 08.68.100; AS 08.68.850
Eff. 11/17/87, Register 104; am 4/9/94, Register 130; am 4/27/97, Register 142; am 5/29/2005, Register 174; am 10/3/2011, Register 200; am 12/27/2012, Register 205; am 5/6/2018, Register 226; am 8/8/2018, Register 227; am 1/19/2022, Register 241

12 AAC 44.446 Loss of prescriptive authority

The chief investigator for the division shall notify the federal Drug Enforcement Administration (DEA) and the prescription drug monitoring program (PDMP) of any final decision revoking or suspending prescriptive authority for a person licensed under AS 08.68. The chief investigator shall notify the board's executive administrator when notification to the DEA or PDMP has been completed.

History

Authority: AS 08.68.100
Eff. 3/5/2020, Register 233

12 AAC 44.447 Advanced practice registered nurse dispensing standards

(a) An advanced practice registered nurse (APRN) with prescriptive and dispensing authority may dispense a prescription within the APRN's scope of practice only.

(b) An APRN with prescriptive and dispensing authority may dispense a medication prepackaged by a pharmacy or pharmaceutical manufacturer. A prepackaged medication must be dispensed in its original package.

(c) If an APRN dispenses less than the prepackaged quantity of a medication, the APRN shall adjust the label on the container to show the quantity dispensed. The APRN shall also dispose of the excess medication in accordance with established professional standards.

(d) When dispensing a prescription, an APRN with prescriptive and dispensing authority is responsible for

(1) selection of the medication;

(2) proper labeling of the container as required in (c) and (j) of this section;

(3) delivery of the prescription; and

(4) counseling the client, including giving the client information on

(A) the name, dosage, and purpose of the prescribed drug;

(B) the duration of the prescribed drug therapy;

(C) common side or adverse effects or food or drug interactions that may be encountered, how to avoid those effects or interactions, and what actions should be taken if those effects or interactions occur;

(D) the expected outcome of the prescribed drug therapy; and

(E) the plan for follow-up care.

(e) An APRN with prescriptive and dispensing authority shall keep a readily retrievable written record of prepackaged medication prescriptions dispensed, including lot number.

(f) An APRN may delegate the delivery of a prescription to another individual if the

(1) APRN has developed a protocol on drug delivery and reviewed the protocol with the individual delivering the prescription;

(2) APRN has provided orientation and training on drug delivery to the individual delivering the prescription;

(3) APRN supervises the individual delivering the prescription; the supervision may be in person or by telephone; and

(4) individual to whom the APRN has delegated the delivery of a prescription

(A) is 18 years of age or older; and

(B) can read and write the language of the APRN.

(g) An APRN who delegates delivery of a prescription and does not meet the requirements of (f) of this section is subject to disciplinary action by the board.

(h) An APRN with prescriptive and dispensing authority may dispense a prescription packaged from a bulk supply of medication if the prescription was packaged according to the following standards:

(1) an individual licensed or certified in the administration of medications packaged the prescription;

(2) a health care professional with prescriptive authority supervised the packaging of the prescription and initialed the prescription on the same day that it was packaged;

(3) at the time of packaging, the prescription package was labeled with the information required in (j) of this section.

(i) An APRN who dispenses a prescription packaged from a bulk supply of medication shall keep a readily retrievable record of packaging procedures for that prescription, including the

(1) date of packaging;

(2) manufacturer, lot number, and expiration date of the medication;

(3) signature of the individual who packaged the prescription; and

(4) signature of the individual with prescriptive authority who supervised the packaging of the prescription.

(j) The label for a prescription that is to be dispensed by an APRN and that

(1) is a prepackaged medication must include

(A) the dispensing APRN's name and address;

(B) directions to the patient or a blank space for the instructions of the prescriber;

(D) a blank space for the name of the prescriber;

(2) was packaged from a bulk supply of medication must include the information required in (1) of this subsection and

(A) the name, strength, and quantity of the medication in the container;

(B) a blank space for the date of delivery to the patient;

(D) the manufacturer's lot number;

(E) the expiration date;

(F) warning labels appropriate to the specific medication in the container;

(G) the name, address, and phone number of the health care facility at which the prescription was packaged;

(H) the date the prescription was packaged; and

(I) the initials of the health care professional with prescriptive authority who supervised the packaging of the prescription.

(k) For the purposes of this section,

(1) "delivery of a prescription" means completing the blank spaces on the label of the prescription drug container and actually handing the container to the client or an individual who is 18 years of age or older who is designated as the client's representative;

(2) "supervise the packaging of a prescription" means to

(A) be available to assist the individual packaging the prescription; and

(B) examine the prescription when the packaging is completed to verify its accuracy.

History

Authority: AS 08.68.100; AS 08.68.850
Eff. 4/9/94, Register 130; am 4/30/94, Register 130; am 6/22/96, Register 138; am 5/16/2018, Register 226

12 AAC 44.450 Temporary and nonrenewable advanced practice registered nurse permits

(a) The board may grant a temporary permit to practice as an advanced practice registered nurse to an applicant who is currently certified as an advanced practice registered nurse in another state or jurisdiction with requirements at least equivalent to those of this state.

(b) The board may grant a nonrenewable permit to practice as an advanced practice registered nurse to an applicant who meets the requirements of 12 AAC 44.400(a)(1), (2), and (4) - (7); and

(1) has been accepted to take the next specialty board examination; or

(2) is awaiting certification results.

(c) A temporary permit granted under (a) of this section is nonrenewable and is valid for a period not to exceed six months.

(d) Repealed 10/3/2011.

(e) A nonrenewable permit granted under (b)(2) of this section is valid only until the applicant receives notice of certification results.

(f) The holder of a nonrenewable permit as an advanced practice registered nurse who fails to successfully pass the certification examination on the first attempt shall surrender the holder's nonrenewable permit to the board not later than 48 hours after receiving notification of failure.

History

Authority: AS 08.68.100; AS 08.68.210
Eff. 1/13/80, Register 73; am 12/1/84, Register 91; am 11/23/2003, Register 168; am 10/3/2011, Register 200; am 3/19/2014, Register 209; am 5/16/2018, Register 226

12 AAC 44.460 Preceptorships

(a) The board will register an applicant who meets the requirements of this section to engage in clinical practice in order to complete a course of study

(1) based outside of this state that meets the requirements of 12 AAC 44.400(a)(1)(A); or

(2) to fulfill the requirements for reinstatement of a lapsed advanced practice registered nurse license under 12 AAC 44.475.

(b) The applicant shall submit

(1) a completed application on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) information on the applicant's physical and mental health related to the grounds for license denial, suspension, or revocation in AS 08.68.270; and

(C) information on any criminal convictions related to the grounds for license denial, suspension, or revocation in AS 08.68.270;

(2) repealed 8/10/2016;

(3) documented evidence of a preceptorship arrangement to be approved by the board;

(4) verification of a current license in good standing to practice as a registered nurse issued by this state or another state licensing jurisdiction; and

(5) documented evidence of current enrollment in an advanced practice registered nurse program as required in 12 AAC 44.400(a)(1)(A).

(c) A registration under this section expires and must be surrendered to the board 12 months from the date of issue or at the time the preceptorship arrangement is terminated, whichever occurs first.

(d) A registration under this section may be renewed one time if the applicant again meets the requirements of (b) of this section.

(e) The board will, in its discretion, after a hearing under the Administrative Procedure Act (AS 44.62), terminate the registration of a person registered under this section who is found to have violated a provision of AS 08.68 or 12 AAC 44.

(f) A preceptor must

(1) hold an active license or privilege to practice as an APRN or physician that is not encumbered and practice in a comparable practice focus; and

(2) function as a supervisor and teacher and evaluate the individual's performance in the clinical setting.

History

Authority: AS 08.01.075; AS 08.68.270; AS 08.68.850 AS 08.68.100; AS 08.68.275
Eff. 1/13/80, Register 73; am 11/12/93, Register 128; am 11/19/2008, Register 188; am 4/16/2010, Register 194; am 8/10/2016, Register 219; am 5/16/2018, Register 226

12 AAC 44.465 Identification

Repealed.

History

Eff. 12/1/84, Register 91; am 5/16/2018, Register 226; repealed 1/19/2022, Register 241

12 AAC 44.470 Renewal of advanced practice registered nurse license

An applicant for renewal of an advanced practice registered nurse license shall submit to the board

(1) a completed renewal application on a form provided by the department;

(2) documentation that the applicant

(A) holds national certification for each of the roles and population focus areas in which the applicant is seeking renewal;

(B) if the applicant is seeking to renew prescriptive authority under 12 AAC 44.440, holds a current national certification that indicates completion of the continuing education mandated by that body, and a completed prescriptive authority renewal application and fee;

(3) the biennial authorization renewal fee established by 12 AAC 02.280; and

(4) evidence of a current license in good standing to practice as a registered nurse in this state;

(5) if the applicant holds a valid federal Drug Enforcement Administration registration number and controlled substance prescriptive authority, an attestation that the applicant has

(A) completed no less than two hours of continuing education in pain management and opioid use and addiction during the licensing cycle; and

(B) registered with the Prescription Drug Monitoring Program (PDMP) controlled substance prescription database under AS 17.30.200 and 12 AAC 52.855.

History

Authority: AS 08.68.100; AS 08.68.276; AS 17.30.200
Eff. 1/13/80, Register 73; am 12/1/84, Register 91; am 11/7/87, Register 104; am 6/22/96, Register 138; am 11/2/2001, Register 160; am 12/23/2009, Register 192; am 4/16/2010, Register 194; am 10/3/2011, Register 200; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 8/8/2018, Register 227; am 8/25/2023, Register 247

12 AAC 44.475 Reinstatement of a lapsed advanced practice registered nurse license

(a) The board will reinstate a license to practice as an advanced practice registered nurse that has lapsed if the applicant submits

(1) a completed application for reinstatement, on a form provided by the department;

(2) evidence of national certification for each of the roles and population focus areas in which the applicant seeks reinstatement;

(3) if the applicant seeks reinstatement of prescriptive authority, evidence of compliance with 12 AAC 44.470;

(4) except as provided in (c), (d), or (e) of this section, evidence of 320 hours of clinical practice as an advanced practice registered nurse during the two years before application for reinstatement; and

(5) the biennial licensure renewal fee established by 12 AAC 02.280.

(b) Hours of clinical practice at the advanced practice level may be counted for reinstatement of both the registered nurse license and the advanced practice registered nurse license.

(c) An applicant who has had no clinical practice as an advanced practice registered nurse for a period of two years or more before the date of the reinstatement application, but less than five years, must complete 200 hours of advanced nursing practice under the direct supervision of a preceptor who is a licensed advanced practice registered nurse or licensed physician, and who is practicing in the same population focus area as that of the applicant. At the completion of the supervised practice, the preceptor must submit a statement assessing the applicant's knowledge and advanced practice ability. The lapsed license will not be reinstated unless the preceptor states that the applicant has demonstrated competence to practice as an advanced practice registered nurse.

(d) An applicant who has had no clinical practice as an advanced practice registered nurse for a period of five years or more before the date of the reinstatement application, but less than 10 years, must complete 300 hours of advanced nursing practice under the direct supervision of a preceptor who is a licensed advanced practice registered nurse or licensed physician, and who is practicing in the same population focus area as that of the applicant. At the completion of the supervised practice, the preceptor must submit a statement assessing the applicant's knowledge and advanced practice ability. The lapsed license will not be reinstated unless the preceptor states that the applicant has demonstrated competence to practice as an advanced practice registered nurse.

(e) An applicant who has had no clinical practice as an advanced practice registered nurse for a period of 10 years or more must complete 500 hours of advanced nursing practice under the direct supervision of preceptor who is a licensed advanced practice registered nurse or licensed physician, and who is practicing in the same population focus area as that of the applicant. At the completion of the supervised practice, the preceptor must submit a statement assessing the applicant's knowledge and advanced practice ability. The lapsed license will not be reinstated unless the preceptor states that the applicant has demonstrated competence to practice as an advanced practice registered nurse.

(f) In this section, "clinical practice"

(1) means independent clinical practice in the role and population focus areas for which the applicant is seeking reinstatement, providing health care or related activities that have a clinical focus and are at an advanced practice level;

(2) includes teaching, consulting, supervision, and research related to the role and population focus areas for which the applicant is seeking reinstatement.

History

Authority: AS 08.68.100
Eff. 4/16/2010, Register 194; am 5/16/2018, Register 226

12 AAC 44.480 Unprofessional conduct

Repealed 4/27/83.

12 AAC 44.490 Applicability

(a) The provisions of 12 AAC 44.380 - 12 AAC 44.490 are applicable only to an advanced practice registered nurse whose licensure to perform acts of medical diagnosis and prescription of medical, therapeutic, and corrective measures comes from the nurse's educational preparation, national certification, and licensure to practice in compliance with this chapter.

(b) Nothing in 12 AAC 44.380 - 12 AAC 44.490 limits the usual and customary practice of a registered nurse or licensed practical nurse in this state.

History

Authority: AS 08.68.100; AS 08.68.850
Eff. 1/13/80, Register 73; am 11/7/87, Register 104; am 5/16/2018, Register 226

Article 5 Certified Registered Nurse Anesthetists

12 AAC 44.500 Requirements for initial authorization

Repealed.

History

Eff. 10/8/81, Register 80; am 8/2/86, Register 99; am 11/7/87, Register 104; am 4/27/97, Register 142; am 3/28/2008, Register 185; am 11/19/2008, Register 188; am 10/3/2011, Register 200; am 12/27/2012, Register 204; repealed 5/16/2018, Register 226

12 AAC 44.510 Scope of practice

Repealed.

History

Eff. 10/8/81, Register 80; am 8/2/86, Register 99; am 11/7/87, Register 104; am 12/27/2012, Register 204; am 8/10/2016, Register 219; repealed 5/16/2018, Register 226

12 AAC 44.520 Written guidelines required

Repealed 8/2/86.

12 AAC 44.525 Certified registered nurse anesthetist prescriptive authority

Repealed.

History

Eff. 8/9/92, Register 123; am 4/27/97, Register 142; am 11/23/2003, Register 168; am 10/3/2011, Register 200; am 12/27/2012, Register 204; repealed 5/16/2018, Register 226

12 AAC 44.530 Nonrenewable certified registered nurse anesthetist permits

Repealed.

History

Eff. 10/8/81, Register 80; am 8/2/86, Register 99; am 11/23/2003, Register 168; am 10/3/2011, Register 200; am 12/27/2012, Register 204; repealed 5/16/2018, Register 226

12 AAC 44.540 Renewal of certified registered nurse anesthetist authorization

Repealed.

History

Eff. 10/8/81, Register 80; am 8/2/86, Register 99; am 11/7/87, Register 104; am 11/2/2001, Register 160; am 10/3/2011, Register 200; am 12/27/2012, Register 204; am 8/10/2016, Register 219; repealed 5/16/2018, Register 226

12 AAC 44.545 Reinstatement of lapsed certified registered nurse anesthetist authorization

Repealed.

History

Eff. 10/3/2011, Register 200; am 12/27/2012, Register 204; repealed 5/16/2018, Register 226

12 AAC 44.550 Unprofessional conduct

Repealed 4/27/83.

12 AAC 44.560 Applicability

Repealed.

History

Eff. 10/8/81, Register 80; am 8/2/86, Register 99; repealed 5/16/2018, Register 226

Article 6 Continuing Competency

12 AAC 44.600 Purpose of continuing competency requirements

The purpose of continuing competency requirements is to ensure that nurses maintain the ability to safely and effectively apply nursing knowledge, principles and concepts in the practice of registered or practical nursing as defined in AS 08.68.850. Before a license can be renewed each biennial period, a registered nurse or a licensed practical nurse must document either

(1) compliance with 12 AAC 44.640; or

(2) completion of two of the following three methods for maintaining continuing competency:

(A) continuing education as prescribed under 12 AAC 44.610;

(B) professional activities as prescribed under 12 AAC 44.620; and

History

Authority: AS 08.68.100; AS 08.68.276
Eff. 1/1/87, Register 97

12 AAC 44.610 Continuing education requirements

(a) Except as provided in (d) of this section, the board will accept continuing education toward fulfillment of the continuing competency requirements set out in 12 AAC 44.600 if the applicant documents

(1) completion of at least 30 contact hours of continuing education for renewal of a license or current certification by a national nursing certification body, during the two years before the licensing period for which the applicant seeks renewal; the applicant shall earn at least 20 of the contact hours in a continuing education program provided

(A) under the accreditation standards established or followed by one of the following organizations:

(i) American Nurses Credentialing Center (ANCC);

(ii) Accreditation Council for Continuing Medical Education (ACCME);

(iii) Accreditation Council for Pharmacy Education (ACPE) - courses with a "P" designation or identification number;

(iv) a nurse practitioner certifying body;

(v) a nurse anesthetist certifying body; or

(B) by a sponsor for which an applicant or the executive administrator obtains board approval; the board will approve only those sponsors who offer continuing education as defined in (c)(2) of this section;

(2) that no more than 10 of the contact hours required under (1) of this subsection were earned through in-service nursing education offered by a licensed health care facility that does not meet the qualifications required under (1) of this subsection; and

(3) that the contact hours required under (1) of this subsection were earned in at least one of the following subject areas:

(A) nursing practice areas and special health care problems;

(B) biological, physical, or behavioral sciences;

(D) management or administration of health care personnel and patient care;

(E) subjects approved by the board that are required as part of a formal nursing program but that are more advanced than those completed for original licensure.

(b) The board will accept continuing education contact hours that are part of a mediated learning system such as educational television, audio or video cassettes, the Internet, or printed media, or that are part of an independent study program, if the system or program is accredited by an agency that is approved by a national certifying body.

(1) "contact hour" means a minimum of 50 minutes of actual organized instruction; academic credit will be converted to contact hours as follows:

(A) one quarter academic credit equals 10 contact hours;

(B) one semester academic credit equals 15 contact hours;

(2) "continuing education" means a systematic educational experience that grants academic credit or contact hours beyond the basic nursing program preparation.

(d) The board will not accept continuing education contact hours or in-service hours for the completion of courses in cardiopulmonary resuscitation (CPR) or basic life support (BLS). The board will accept continuing education for renewals of licenses of advanced cardiac life support (ACLS), pediatric advanced life support (PALS), and other advanced courses for registered nurses.

History

Authority: AS 08.68.100; AS 08.68.276; AS 08.68.330
Eff. 1/1/87, Register 97; am 7/28/95, Register 135; am 11/2/2001, Register 160; am 3/28/2008, Register 185; am 11/19/2008, Register 188; am 3/19/2014, Register 209; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 7/4/2021, Register 239

12 AAC 44.620 Professional activities requirement

(a) The board will accept professional activities toward fulfillment of the continuing competency requirements set out in 12 AAC 44.600 if the applicant documents

(1) repealed 8/19/2022;

(2) repealed 8/19/2022;

(3) for a practical nurse license, on or before September 30, 2020, completion of at least 60 hours of participation in uncompensated professional activities for renewal of a license, during the two years before the licensing period for which the applicant seeks renewal;

(4) for a registered nurse license, on or before November 30, 2020, completion of at least 60 hours of participation in uncompensated professional activities for renewal of a license, during the two years before the licensing period for which the applicant seeks renewal;

(5) for a practical nurse license, on or after October 1, 2020, completion of at least 30 hours of participation in uncompensated professional activities for renewal of a license, during the two years before the licensing period for which the applicant seeks renewal;

(6) for a registered nurse license, on or after December 1, 2020, completion of at least 30 hours of participation in uncompensated professional activities for renewal of a license, during the two years before the licensing period for which the applicant seeks renewal; and

(7) that the hours of participation in professional activities were earned in at least one of the following ways,

(A) work with a professional nursing or health-related organization;

(B) authoring or contributing to an article, book, or publication related to health care;

(C) development and oral presentation of a paper before a professional or lay group on a subject that explores new or current areas of nursing theory, technique, or philosophy;

(D) the design and conduct of a research study relating to nursing and health care;

(E) other professional activities approved by the board and included on a list that the board maintains; the board will approve only those activities that meet the definition of "professional activities" in (b) of this section.

(b) In this section, "professional activities" means activities, performed without compensation, that use nursing knowledge and contribute to the health of individuals or the community.

(c) Providing nursing care to the nurse's immediate family members does not qualify to meet professional activities requirements. In this subsection, "immediate family member" means a parent, sibling, spouse, child, parent-in-law, sibling-in-law, stepchild, or same-sex or opposite-sex domestic partner.

History

Authority: AS 08.68.100; AS 08.68.276; AS 08.68.330
Eff. 1/1/87, Register 97; am 7/28/95, Register 135; am 11/2/2001, Register 160; am 10/15/2004, Register 172; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 8/8/2018, Register 227; am 8/19/2022, Register 243

12 AAC 44.630 Nursing employment requirement

The board will accept nursing employment toward fulfillment of the continuing competency requirements set out in 12 AAC 44.600 if the applicant documents at least 320 hours of practice of practical nursing or registered nursing, as defined in AS 08.68.850, during the two years before the licensing period for which the applicant seeks renewal. The applicant shall document those hours on a form provided by the board and shall include the name of the nurse's employer.

History

Authority: AS 08.68.100; AS 08.68.276
Eff. 1/1/87, Register 97; am 7/28/95, Register 135; am 8/10/2016, Register 219

12 AAC 44.640 Alternative methods for continuing competency requirements

A nurse may meet continuing competency requirements without meeting the requirements of 12 AAC 44.610 - 12 AAC 44.630 by documenting that after the last renewal date, the nurse has

(1) completed a nursing refresher course approved by the board; or

(2) attained a degree or certificate in nursing, or made progress toward one, beyond the education requirements for the nurse's original license by successfully completing at least six academic credits in courses required for the degree or certificate; or

(3) successfully completed the National Council Licensing Examination.

History

Authority: AS 08.68.100; AS 08.68.276
Eff. 1/1/87, Register 97; am 12/27/2012, Register 204

12 AAC 44.650 Requirements for new licensees

(a) A licensee who receives his or her original license in the first year of the renewal period must comply with the continuing competency requirements of 12 AAC 44.600 - 12 AAC 44.640 before the first license renewal.

(b) A licensee who receives his or her original license in the second year of the renewal period must comply with the continuing competency requirements of 12 AAC 44.600 - 12 AAC 44.640 before the second license renewal.

History

Authority: AS 08.68.100; AS 08.68.276
Eff. 1/1/87, Register 97

12 AAC 44.660 Audit and documentation

(a) A licensee must comply with all applicable requirements of 12 AAC 02.960 - 12 AAC 02.965. If selected for an audit of continued competency activities, the licensee must cooperate with the department and must submit all requested verifications of continued competency activities claimed by the licensee.

(b) Repealed 5/16/2018.

History

Authority: AS 08.68.100; AS 08.68.276
Eff. 1/1/87, Register 97; am 12/23/2009, Register 192; am 4/16/2010, Register 194; am 5/16/2018, Register 226

Article 7 Disciplinary Guidelines

12 AAC 44.700 Purpose of disciplinary guidelines

To ensure that the board's disciplinary policies are known and are administered consistently and fairly, the disciplinary guidelines in 12 AAC 44.700 - 12 AAC 44.785 are established.

History

Authority: AS 08.68.100; AS 08.68.270; AS 08.68.275
Eff. 8/6/87, Register 103; am 11/12/93, Register 128

12 AAC 44.705 Grounds for denial for criminal history

(a) As used in AS 08.68.270, AS 08.68.334, and this chapter, crimes that are substantially related to the qualifications, functions, or duties of a certified nurse aide, registered nurse, or practical nurse include

(1) murder;

(2) manslaughter;

(3) criminally negligent homicide;

(4) assault;

(5) sexual assault;

(6) sexual abuse of a minor;

(7) unlawful exploitation of a minor, including possession or distribution of child pornography;

(8) incest;

(9) indecent exposure;

(10) robbery;

(11) extortion;

(12) stalking;

(13) kidnapping;

(14) theft;

(15) burglary;

(16) forgery;

(17) endangering the welfare of a child;

(18) endangering the welfare of a vulnerable adult;

(19) unlawful distribution or possession for distribution of a controlled substance; for purposes of this paragraph, "controlled substance" has the meaning given in AS 11.71.900;

(20) reckless endangerment.

(b) Convictions of an offense in another jurisdiction with elements similar to an offense listed in (a) of this section are substantially related to the qualifications, functions, or duties of a certified nurse aide, registered nurse, or practical nurse.

History

Authority: AS 08.01.075; AS 08.68.270; AS 08.68.334 AS 08.68.100; AS 08.68.331
Eff. 11/2/2001, Register 160; am 7/17/2003, Register 167; am 7/22/2004, Register 171; am 10/30/2004, Register 172

12 AAC 44.710 Violations

(a) A nurse, who after a hearing under the Administrative Procedure Act (AS 44.62), is found to have violated a provision of AS 08.68 or 12 AAC 44, is subject to the disciplinary penalties listed in AS 08.01.075 and AS 08.68.275, including public notice of the violation and penalty in appropriate publications.

(b) Nothing in the guidelines set out in 12 AAC 44.720 prohibits the board from imposing greater or lesser penalties than those described in 12 AAC 44.720 or restricting the practice of a nurse depending upon the circumstances of a particular case.

History

Authority: AS 08.68.100; AS 08.68.270; AS 08.68.275
Eff. 8/16/87, Register 103

12 AAC 44.720 Disciplinary guidelines

(a) The board may revoke a license if the licensee

(1) commits a violation that is a second offense;

(2) violates the terms of probation from a previous offense;

(3) obtains or attempts to obtain, by fraud or deceit, a license to practice nursing;

(4) is convicted of a felony or other crime, if the felony or other crime is substantially related to the qualification, functions, or duties of the licensee;

(5) habitually abuses alcoholic beverages, or illegally uses a controlled substance, as defined in AS 11.71.900(4), to the extent that the abuse or use interferes with nursing functions, and if the licensee fails or refuses to participate in a rehabilitation program acceptable to the board;

(6) impersonates another health care provider;

(7) intentionally or negligently engages in conduct that results in a significant risk to the health or safety of a client or injury to a client;

(8) engages in unprofessional conduct, as described in 12 AAC 44.770, if the health, safety, or welfare of another person is placed at risk; or

(9) is professionally incompetent, if the incompetence results in risk of injury to a client.

(b) The board may suspend a license for up to two years, followed by probation of not less than two years, if the licensee

(1) habitually abuses alcoholic beverages or illegally uses controlled substances, as defined in AS 11.71.900(4), to the extent that the abuse or use interferes with nursing functions, but the licensee participates in a rehabilitation program acceptable to the board;

(2) willfully or repeatedly violates a statute in AS 08.68 or a regulation of the board; or

(3) is professionally incompetent, if the incompetence results in the public health, safety, or welfare being placed at risk.

(c) The board may suspend a license for up to one year, followed by probation for not more than one year, if the licensee

(1) engages in unprofessional conduct as described in 12 AAC 44.770; or

(2) denies care or treatment to a person seeking assistance because the person failed to or refused to agree to arbitrate as provided in AS 09.55.535(a).

(d) The board will review, on an individual basis, the need for revocation or limitation of the license of a licensee who practices or attempts to practice while afflicted with a physical or mental illness, deterioration, or disability that interferes with the individual performance of nursing functions.

(e) The board may impose a civil fine not to exceed the amount of $5,000 for each finding the board makes of a cause for discipline under this section.

History

Authority: AS 08.01.075; AS 08.68.270 AS 08.68.100; AS 08.68.275
Eff. 8/6/87, Register 103; am 1/5/2024, Register 249

12 AAC 44.730 Terms of probation

A licensee who is placed on probation will, in the board's discretion, be subject to one or more of the following terms of probation, and to other relevant terms of probation including those set out in 12 AAC 44.740 - 12 AAC 44.760:

(1) obey all the laws of the United States, State of Alaska, and all laws pertaining to the practice of nursing in this state;

(2) fully comply with the probation program established by the board, and cooperate with representatives of the board;

(3) notify the board in writing of the dates of departure and return if the licensee leaves Alaska to reside or practice outside the state;

(4) report in person at meetings of the board of nursing, or to its designated representatives, during the period of probation, as directed by the board;

(5) submit written reports and verification of actions as are required by the board during the period of probation;

(6) if employed in nursing at any time during the period of probation, have the employer submit to the board verification that the employer understands the conditions of probation;

(7) be employed as a nurse only in a setting in which full supervision is provided, and not personally function as a supervisor.

History

Authority: AS 08.01.075; AS 08.68.270 AS 08.68.100; AS 08.68.275
Eff. 8/6/87, Register 103

12 AAC 44.740 Use of alcohol or drugs and alternative probation

(a) In addition to one or more of the terms of probation set out in 12 AAC 44.730, a licensee placed on probation for the habitual abuse of alcohol or illegal use of controlled substances, as defined in AS 11.71.900(4), will, in the board's discretion, also be subject to one or more of the relevant terms of probation including the following:

(1) physical and mental health examinations, as determined by the board, to evaluate the licensee's ability to perform the professional duties of a nurse;

(2) as determined by the board, participation, until completion, in an ongoing program of rehabilitative counseling, alcoholics anonymous, narcotics anonymous, or an impaired nurse group, which includes progress reports from the care provider when requested by the board;

(3) abstain from the personal use of alcohol;

(4) abstain from the personal use of alcohol or controlled substances, as defined in AS 11.71.900(4), in any form, except when lawfully prescribed by a physician authorized to practice medicine in Alaska;

(5) submit to tests and samples required for the detection of alcohol or controlled substances, as defined in AS 11.71.900(4), at the request of the board or the board's representative.

(b) Access to controlled substances, as defined in AS 11.71.900(4), in the work setting will, in the board's discretion, be restricted.

(c) A licensee may request the opportunity to voluntarily participate in an alternative probation program. Whether a licensee may participate in an alternative probation program is at the discretion of the board. If a licensee is allowed by the board to participate in an alternative probation program, the licensee shall meet the terms of probation required by the board to remain in the alternative probation program. The board will keep the licensee's participation in the alternative probation program confidential, except as required by law. To participate in the alternative probation program, the licensee shall submit

(1) a voluntary disclosure of information relating to the licensee's use of alcohol or controlled substances; and

(2) a written request to participate in the alternative probation program.

(d) Nothing in this section shall limit the authority of the board to impose a summary suspension or other discipline if it determines that a licensee poses a risk to public health or safety.

History

Authority: AS 08.01.075; AS 08.68.270 AS 08.68.100; AS 08.68.275
Eff. 8/6/87, Register 103; am 8/25/2023, Register 247; am 9/28/2025, Register 255

12 AAC 44.745 Identification of licensed nurse

An individual licensed under AS 08.68 and this chapter as a licensed practical nurse or a registered nurse shall conspicuously display on the licensee's uniform or clothing a name tag or identification badge identifying the licensee as a licensed practical nurse or a registered nurse.

History

Authority: AS 08.68.100; AS 08.68.230
Eff. 4/27/97, Register 142

12 AAC 44.750 Professional incompetence

In addition to one or more of the terms of probation set out in 12 AAC 44.730, a licensee placed on probation after being found professionally incompetent will, in the board's discretion, be subject to one or more of the following terms of probation:

(1) successful completion of an appropriate course or courses in nursing, as determined by the board, before the end of the probationary period; or

(2) participation in at least 30 contact hours of appropriate continuing competency education in nursing.

History

Authority: AS 08.01.075; AS 08.68.270 AS 08.68.100; AS 08.68.275
Eff. 8/6/87, Register 103; am 10/15/2004, Register 172

12 AAC 44.760 Mental or physical disabilities

(a) In addition to one or more of the terms of probation set out in 12 AAC 44.730, a licensee placed on probation for practicing or attempting to practice nursing while afflicted with a physical or mental illness, deterioration, or disability that interferes with the licensee's performance of nursing will, in the board's discretion, be subject to a physical or mental health examination to evaluate the licensee's ability to perform the professional duties of a nurse, and, if medically determined, must participate in and complete a recommended treatment program that includes written progress reports from the care provider when requested by the board.

(b) In this section "care provider" means a person who or an organization that, by the nature of experience and training, is qualified in the opinion of the board to provide substance abuse counseling, rehabilitation, or related services to the public through established and recognized treatment programs.

History

Authority: AS 08.01.075; AS 08.68.270 AS 08.68.100; AS 08.68.275
Eff. 8/6/87, Register 103

12 AAC 44.770 Board of Nursing

12 AAC 44.770. Unprofessional conduct.

History

Authority: AS 08.68.100
Eff. 4/27/83, Register 86; am 11/7/87, Register 104; am 4/9/94, Register 130; am 11/10/2002, Register 164; am 7/22/2004, Register 171; am 10/15/2004, Register 172; am 5/18/2006, Register 178; am 11/19/2008, Register 188; am 12/23/2009, Register 192; am 3/19/2014, Register 209; am 5/16/2018, Register 226; am 3/5/2020, Register 233; am 5/7/2020, Register 234

12 AAC 44.770 Board of Nursing

12 AAC 44.770 formerly appeared as 12 AAC 44.905. As of Register 103, the section was renumbered as 12 AAC 44.770. The history note for 12 AAC 44.770 reflects the history of the section both before and after renumbering. Nursing conduct that could adversely affect the health and welfare of the public constitutes unprofessional conduct under AS 08.68.270(7) and includes the following: (1) failing to use sufficient knowledge, skills or nursing judgment in the practice of nursing as defined by the level of licensure; (2) assuming duties and responsibilities, on repeated occasions, without sufficient preparation or for which competency has not been maintained; (3) knowingly delegating a nursing care function, task, or responsibility to another who is not licensed under AS 08.68 to perform that function, task, or responsibility, when the delegation is contrary to AS 08.68 or 12 AAC 44 or involves a substantial risk or harm to a client; (4) failing to exercise adequate supervision over persons who are authorized to practice only under the supervision of the licensed professional; (5) failing to perform acts within the nurse's scope of practice which are necessary to prevent substantial risk or harm to a client; (6) violating the confidentiality of information or knowledge concerning a client; this paragraph does not apply to (A) a case conference with other health care professionals or students; (B) a case in which the client, in writing, authorized the nurse to reveal a communication; (C) a case where an immediate threat of serious harm to an identifiable victim or client is communicated to the nurse by a client; (D) information, knowledge, or facts known to the nurse regarding incompetent, unprofessional, or illegal practice of a health care provider, and that if not reported would constitute unprofessional conduct under (13) of this section; (7) neglecting or abusing a client by one of the following means: (A) physically; (B) emotionally; (C) verbally; (8) using alcohol or other drugs to the extent that the use interferes with nursing functions; (9) violating state or federal laws regulating drugs, including forging prescriptions or unlawfully distributing drugs or narcotics, or prescribing controlled substances for self or the nurse's immediate family members; in this paragraph, "immediate family member" means a parent, sibling, spouse, child, parent-in-law, sibling-in-law, stepchild, or same-sex or opposite-sex domestic partner; (10) failing to maintain a record for each client which accurately reflects the nursing problems and interventions for the client, or falsifying a client's records or intentionally making an incorrect entry in a client's chart; (11) leaving a nursing assignment without properly notifying appropriate personnel; (12) permitting another person to use his or her nursing license or permit for any purpose; (13) failing to report to the appropriate board, through proper channels, facts known to the nurse regarding incompetent, unprofessional, or illegal practice of a health care provider; (14) engaging in fraud, misrepresentation, or deceit in writing the licensing examination; (15) for any person not authorized to practice acts of medical diagnosis or medical therapeutics as an advanced practice registered nurse, to use the title nurse practitioner or advanced practice registered nurse, or the abbreviation NP or APRN or any other words, letters, signs, or figures to indicate that the person is an advanced practice registered nurse; (16) for an advanced practice registered nurse to perform duties other than those specified in 12 AAC 44.430; (17) for any person not authorized to practice as a certified registered nurse anesthetist to use the title certified registered nurse anesthetist, nurse anesthetist or certified registered nurse anesthetist or the abbreviation CRNA or any other words, letters, signs, or figures to indicate that the person is a certified registered nurse anesthetist; (18) repealed 5/16/2018; (19) discrimination on the basis of race, religious creed, color, national origin, ancestry or sex in the provision of nursing services; (20) signing a record as a witness attesting to the wastage of controlled substances which the nurse did not actually witness; (21) exploiting the patient for financial gain or offering, giving, soliciting or receiving fees for referral of a patient or client; (22) intentionally misappropriating medications, property, supplies, equipment or other resources of the client or agency for personal or unauthorized use; (23) removal of a patient's life support system without appropriate medical or legal authorization; (24) untruthful or misleading advertising of nursing services; (25) knowingly violating laws regulating health insurance including those laws established in AS 21.36.360; (26) engaging in activities that constitute the unlicensed practice of pharmacy; (27) for an advanced practice registered nurse with prescriptive and dispensing authority, prescribing or dispensing a prescription outside of the advanced practice registered nurse's scope of practice; (28) engaging in sexual misconduct with a client; (29) harassing, disruptive, or abusive behavior by a licensee directed at staff or a client, a client's relative, or a client's guardian; (30) disruptive behavior by a licensee at the workplace that interferes with the provision of client care; (31) failing to cooperate with an official investigation by the board's representatives, including failing to timely provide requested information; (32) accepting healthcare provider orders from unlicensed assistive personnel; (33) failing to cooperate with the department in an audit under of 12 AAC 02.960 - 12 AAC 02.965 of the continuing competency activities claimed by the licensee; (34) claiming on an application for a license, or for renewal or reinstatement of a license, continuing competency activities that the licensee or license applicant has not performed. (35) offering, giving, soliciting, or receiving fees or other benefits, in whole or in part, to a person for bringing in or referring a patient; (36) prescribing, dispensing, or furnishing a prescription medication to a person without first conducting a physical examination of that person, unless the licensee has a patient-APRN relationship with the person; this paragraph does not apply to prescriptions written or medications issued (A) for expedited partner therapy for sexually transmitted diseases; (B) in response to an infectious disease investigation, public health emergency, infectious disease outbreak, or act of bioterrorism; or (C) by an APRN practicing telehealth under 12 AAC 44.925; (37) use of electronics or social media to disseminate, or sharing, posting, transmitting, or otherwise disseminating, any information online about a patient or information gained in the nurse-patient relationship unless there is a legal obligation to disclose the information; (38) failure to register with the controlled substance prescription database established under AS 17.30.200, by a licensee who has a United States Drug Enforcement Administration registration number; (39) failure to check the controlled substance prescription database established under AS 17.30.200, by a licensee when prescribing or dispensing a controlled substance designated schedule II or III under federal law to a patient. (40) failure to provide copies of complete patient records in the licensee's custody and control within 30 days after receipt of a written request from the patient or the patient's guardian; (41) failure to notify the board of the location of patient records within 30 days after a licensee has retired or closed a practice; (42) failure to maintain patient documentation in compliance with 45 C.F.R. 164.530(j) (Health Insurance Privacy and Accountability Act (HIPAA)).

History

Authority: AS 08.68.100
Eff. 4/27/83, Register 86; am 11/7/87, Register 104; am 4/9/94, Register 130; am 11/10/2002, Register 164; am 7/22/2004, Register 171; am 10/15/2004, Register 172; am 5/18/2006, Register 178; am 11/19/2008, Register 188; am 12/23/2009, Register 192; am 3/19/2014, Register 209; am 5/16/2018, Register 226; am 3/5/2020, Register 233; am 5/7/2020, Register 234

12 AAC 44.780 Board of Nursing

12 AAC 44.780. Reinstatement of a suspended license. 12 AAC 44.780 formerly appeared as 12 AAC 44.910. As of Register 103, the section was renumbered as 12 AAC 44.780. The history note for 12 AAC 44.780 reflects the history of the section both before and after renumbering. A suspended license may be reinstated only if the requirements in the suspension order have been met.

History

Authority: AS 08.68.100
Eff. 1/13/80, Register 73; am 4/29/91, Register 118; am 5/16/2018, Register 226

12 AAC 44.785 Board of Nursing

12 AAC 44.785. Reinstatement of a revoked license. 12 AAC 44.785 formerly appeared as 12 AAC 44.920. As of Register 103, the section was renumbered as 12 AAC 44.785. The history note for 12 AAC 44.785 reflects the history of the section both before and after renumbering. (a) One year after revocation of a license, the nurse or advanced practice registered nurse may apply to the board in writing for reinstatement. (b) The applicant for reinstatement shall appear before the board. (c) The board may impose restrictions upon the nurse or advanced practice registered nurse when reinstating a license. (d) The applicant is responsible for providing a written evaluation from the employer regarding the applicant's performance and will be evaluated by the board to determine whether the license will be reinstated.

History

Authority: AS 08.68.100
Eff. 1/13/80, Register 73; am 4/29/91, Register 118; am 3/19/2014, Register 209; am 5/16/2018, Register 226

Authority: AS 08.68.100; AS 08.68.331; AS 08.68.332
Eff. 2/14/99, Register 149; am 11/10/2002, Register 164; am 7/22/2004, Register 171; am 11/19/2008, Register 188; am 10/3/2011, Register 200; am 12/27/2012, Register 204; am 5/16/2018, Register 226

Article 9 General Provisions

12 AAC 44.900 Board of Nursing

12 AAC 44.900. License renewal and reinstatement of lapsed license. Repealed.

History

Eff. 1/13/80, Register 73; am 12/1/84, Register 91; am 9/25/98, Register 147; repealed 11/2/2001, Register 160

12 AAC 44.905 Board of Nursing

12 AAC 44.905. Unprofessional conduct. 12 AAC 44.905 was relocated at 12 AAC 44.770 as of Register 103 (October 1987). Relocated.

12 AAC 44.910 Board of Nursing

12 AAC 44.910. Reinstatement of a suspended license and/or authorization. 12 AAC 44.910 was relocated at 12 AAC 44.780 as of Register 103 (October 1987). Relocated.

12 AAC 44.920 Board of Nursing

12 AAC 44.920. Reinstatement of a revoked license and/or authorization. 12 AAC 44.920 was relocated at 12 AAC 44.785 as of Register 103 (October 1987). Relocated.

12 AAC 44.925 Board of Nursing

12 AAC 44.925. Standards of practice for telehealth. (a) In accordance with the American Association of Nurse Practitioners, Position Statement: Telehealth, dated 2022, adopted by reference, an APRN shall, for the purpose of rendering a diagnosis, providing treatment, or prescribing, dispensing, or administering a prescription drug to a person without conducting a physical examination under AS 08.68.710, provide the same standard of care to a patient who is at a different location as would be provided to that patient in person. (b) An APRN may practice telehealth if (1) the APRN is licensed by the board; and (2) the APRN or another licensed health care provider is available to provide follow-up care. (c) For a telehealth encounter, an APRN must complete and document (1) the patient's informed consent to use telehealth technologies; (2) a clinical history and review of systems establishing diagnoses and identifying conditions and contraindications to recommended treatment; (3) a plan of care that lists all recommendations and prescriptions issued by electronic means; (4) the patient and provider locations at the time of the telehealth visit; and (5) the provider-patient relationship prior to prescribing. (d) An APRN practicing telehealth shall comply with P.L. 104 - 191 (Health Insurance Portability and Accountability Act of 1996 (HIPAA)) and medical record retention rules. Transmissions, including patient electronic mail, prescriptions, and laboratory results must be secure within existing technology, including the use of password-protected, encrypted electronic prescriptions or other reliable authentication techniques. (e) In this section, a "provider-patient relationship" is established when there is an in-person health examination or examination by telehealth technology of the patient by the APRN or another licensed health care provider and the patient record is available to the treating APRN.

History

Authority: AS 08.68.100; AS 08.68.710
Eff. 5/7/2020, Register 234; am 5/11/2021, Register 238; am 1/5/2024, Register 249

12 AAC 44.930 Board of Nursing

12 AAC 44.930. Change of name. A licensee authorized to practice under this chapter shall notify the board of a change of mailing address or name not later than 30 days after the change. A report of a change of name must be made in writing and must be accompanied by one of the following to verify the change of name: (1) a completed affidavit supplied by the board; (2) a certified copy of a marriage certificate; (3) a certified copy of a divorce decree; or (4) a certified copy of a court ruling.

History

Authority: AS 08.68.100
Eff. 1/13/80, Register 73; am 12/1/84, Register 91; am 12/27/2012, Register 204

12 AAC 44.940 Board of Nursing

12 AAC 44.940. 12 AAC 44.940 was renumbered as 12 AAC 44.990, effective April 2, 1986, Register 97. The history note for 12 AAC 44.990 contains the history of the section under its former number. In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 08.68.405 as AS 08.68.805, and renumbered former AS 08.68.410 as AS 08.68.850. As of Register 196 (January 2011), the regulations attorney made conforming technical revisions under AS 44.62.125(b)(6), [1] to the definition of "ANP" in 12 AAC 44.990, so that the cross-reference to former AS 08.68.410(1) now refers to the renumbered statute, AS 08.68.850(1); [2] to the definition of "delegate the performance of nursing duties" in 12 AAC 44.990, so that the cross-reference to former AS 08.68.405 now refers to the renumbered statute, AS 08.68.805; and [3] to the authority citation that follows 12 AAC 44.990, so that the citation to former AS 08.68.405 now refers to the renumbered statute, AS 08.68.805. In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 08.68.405 as AS 08.68.805, and renumbered former AS 08.68.410 as AS 08.68.850. As of Register 196 (January 2011), the regulations attorney made conforming technical revisions under AS 44.62.125(b)(6), [1] to the definition of "ANP" in 12 AAC 44.990, so that the cross-reference to former AS 08.68.410(1) now refers to the renumbered statute, AS 08.68.850(1); [2] to the definition of "delegate the performance of nursing duties" in 12 AAC 44.990, so that the cross-reference to former AS 08.68.405 now refers to the renumbered statute, AS 08.68.805; and [3] to the authority citation that follows 12 AAC 44.990, so that the citation to former AS 08.68.405 now refers to the renumbered statute, AS 08.68.805. As of Register 204 (January 2013) the regulations attorney acting under AS 44.62.125(b)(6), rearranged definitions in 12 AAC 44.990 to put them in alphabetical order, regardless of when each of them was adopted. 12 AAC 44.940 was relocated at 12 AAC 44.990 as of Register 97 (April 1986). Relocated 4/2/86.

12 AAC 44.945 Board of Nursing

12 AAC 44.945. Administration of herbal or non-herbal nutritional supplement. (a) A nurse licensed under AS 08.68 may administer an herbal or non-herbal nutritional supplement to a patient if (1) the patient's health care provider has ordered that an herbal or non-herbal nutritional supplement be administered to the patient; (2) the patient or the patient's representative has requested that the nurse administer an herbal or non-herbal nutritional supplement to the patient; (3) the nurse administering the herbal or non-herbal nutritional supplement knows the actions, possible side effects, and possible interactions of the supplement with food, medications, or other substances; (4) the use of the herbal or non-herbal nutritional supplement and indications are included as part of the nursing care plan for the patient; (5) the herbal or non-herbal nutritional supplement was commercially manufactured and the container of the nutritional supplement provided for administration to the patient was provided unopened with the manufacturer's seal intact and administered before the expiration date; and (6) a pharmacist has reviewed all medications taken by the patient including any herbal or non-herbal nutritional supplements ordered by the patient's health care provider or requested by the patient or patient's representative for possible adverse effects or interactions with food, medications, or other substances. (b) Repealed 8/10/2016. (c) A nurse licensed under AS 08.68 may not administer to a patient an herbal or non-herbal nutritional supplement that (1) was compounded for the patient rather than commercially manufactured; or (2) is a controlled substance under state or federal law. (d) This section does not apply to United States Food and Drug Administration (FDA) regulated vitamins and minerals. A nurse licensed under AS 08.68 may administer FDA-regulated vitamins and minerals to a patient in the manufacturer's recommended dosage or as ordered by the patient's health care provider. (e) As used in this section, (1) "administer" means to provide a nutritional supplement to a patient for ingestion by the patient; (2) "compounded" means the preparation, mixing, assembling, packaging, or labeling of a nutritional supplement; (3) "health care provider" includes a licensed (A) advanced practice registered nurse; (B) doctor of medicine; (C) doctor of osteopathy; (D) physician assistant; and (E) dentist; (4) "herb" means a plant grown for its health or medicinal properties; "herb" includes plant parts and extracts; (5) "non-herbal nutritional supplement" has the meaning given for a "dietary supplement" in 21 U.S.C. 321(ff) (sec. 3(a) of the Dietary Supplement Health and Education Act of 1994), revised as of March 1, 2007, adopted by reference, except that it does not include a dietary supplement that contains one or more herbs; (6) "nutritional supplement" has the meaning given for a "dietary supplement" in 21 U.S.C. 321(ff), (sec. 3(a) of the Dietary Supplement Health and Education Act of 1994), revised as of March 1, 2007, adopted by reference.

History

Authority: AS 08.68.100
Eff. 8/30/2007, Register 183; am 11/19/2008, Register 188; am 5/7/2010, Register 194; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 3/5/2020, Register 233

12 AAC 44.950 Board of Nursing

12 AAC 44.950. Standards for delegation of nursing duties to other persons. (a) A nurse licensed under AS 08.68 may delegate the performance of nursing duties to other persons, including unlicensed assistive personnel, if the following conditions are met: (1) the nursing duty to be delegated must be within the scope of practice of the delegating nurse; (2) a registered nurse must assess the patient's medical condition and needs to determine if a nursing duty for that patient may be safely delegated to another person; (3) the patient's medical condition must be stable and predictable; (4) the person to whom the nursing duty is to be delegated has received the training needed to safely perform the delegated duty, and this training has been documented; (5) the nurse determines that the person to whom a nursing duty is to be delegated is competent to perform the delegated duty correctly and safely and accepts the delegation of the duty and the accountability for carrying out the duty correctly; (6) performance of the delegated nursing duty would not require the person to whom it was delegated to exercise professional nursing judgment or knowledge or complex nursing skills; (7) the nurse provides to the person, with a copy maintained on record, written instructions that include (A) a clear description of the procedure to follow to perform each task in the delegated duty; (B) the predicted outcomes of the delegated nursing task; (C) how the person is to observe and report side effects, complications, or unexpected outcomes in the patient, and the actions appropriate to respond to any of these; and (D) the procedure to document the performance of the nursing duty in the patient's record. (b) A nurse who has delegated a nursing duty to another person shall provide appropriate direction and supervision of the person, including the evaluation of patient outcomes. Another nurse may assume delegating responsibilities from the delegating nurse if the substitute nurse has assessed the patient, the skills of the person to whom the delegation was made, and the plan of care. Either the original delegating nurse or the substitute nurse shall remain readily available for consultation by the person, either in person or by telecommunication. (c) The delegation of a nursing duty to another person under this section is specific to that person and for that patient, and does not authorize any other person to perform the delegated duty. (d) The nurse who delegated the nursing duty to another person remains responsible for the quality of the nursing care provided to the patient.

History

Authority: AS 08.68.100; AS 08.68.805 AS 08.68.340; AS 08.68.850
Eff. 7/1/95, Register 135; am 10/14/2004, Register 172

12 AAC 44.955 Board of Nursing

12 AAC 44.955. Delegation of routine nursing duties. (a) Routine nursing duties may be delegated to another person under the standards set out in 12 AAC 44.950. Routine nursing duties are those that (1) occur frequently in the daily care of a patient or group of patients; (2) do not require the person to whom the duty is delegated to exercise professional nursing knowledge or judgment; (3) do not require the exercise of complex nursing skills; (4) have a standard procedure and predictable results; and (5) present minimal potential risk to the patient. (b) Routine nursing duties that may be delegated include (1) monitoring bodily functions; (2) taking and recording vital signs; (3) transporting patients; (4) non-invasive collection and testing of physical specimens; (5) measuring and recording fluid and food intake and output; and (6) personal care tasks such as bathing, oral hygiene, dressing, toileting, assisting with eating, hydrating, and skin care.

History

Authority: AS 08.68.100; AS 08.68.805; AS 08.68.850
Eff. 10/14/2004, Register 172

12 AAC 44.960 Board of Nursing

12 AAC 44.960. Delegation of specialized nursing duties. (a) Specialized nursing duties are those duties that do not require professional nursing education to correctly perform, but require more training and skill than routine nursing duties. Specialized nursing duties may be delegated to another person under the standards set out in 12 AAC 44.950. (b) Specialized nursing tasks that may be delegated include (1) changing simple, nonsterile dressings using aseptic technique when no wound debridement or packing is involved; (2) assisting patients with self-medication; (3) obtaining blood glucose levels; (4) suctioning of the oral pharynx; (5) providing tracheostomy care in established, stable patients; (6) removal of internal or external urinary catheters; (7) adding fluid to established gastrostomy tube feedings and changing established tube feeding bags; and (8) placing electrodes and leads for electrocardiogram, cardiac monitoring, and telemetry. (c) A nurse who delegates a nursing duty to another person under this section shall develop a nursing delegation plan that describes the frequency and methods of evaluation of the performance of the delegated duty by the other person. The delegating nurse shall evaluate a continuing delegation as appropriate, but must perform an evaluation on-site at least once every 90 days after the delegation was made. The delegating nurse shall keep a record of the evaluations conducted.

History

Authority: AS 08.68.100; AS 08.68.805; AS 08.68.850
Eff. 10/14/2004, Register 172

12 AAC 44.965 Board of Nursing

12 AAC 44.965. Delegation of the administration of medication. (a) The administration of medication is a specialized nursing task that may be delegated under the standards set out in 12 AAC 44.950, 12 AAC 44.960, and this section. (b) Administration of medication may be delegated only to a (1) "home and community-based services provider" as defined in 7 AAC 43.1110(8); (2) "residential supported living services provider" as defined in 7 AAC 43.1110(15); or (3) "school setting provider"; in this paragraph, "school setting provider" means a person who is employed at a school that provides educational services to students age 21 or younger; (4) certified nurse aide employed by a long-term care facility licensed and certified by the section of health facilities licensing and certification, division of health care services, Department of Health; or (5) certified medical assistant. (c) The person to whom the administration of medication is to be delegated must successfully complete a training course in administration of medication approved by the board. The training course in administration of medication approved by the board in this subsection will be reviewed by the board every two years. (d) To delegate to another person the administration of routinely scheduled oral, topical, transdermal, nasal, inhalation, optic, otic, vaginal, or rectal medications to a patient the written instructions provided to the person under 12 AAC 44.950(a)(7) must also include (1) directions for the storage and administration of medication, including the brand and generic name of the medication, the dosage amount and proper measurement, timing of the administration, recording the administration, the expected outcome of administration, and any contraindications to administration; (2) possible interactions of medications; (3) how to observe and report side effects, complications, errors, missed doses, or unexpected outcomes of the medications and appropriate response to such developments; and (4) if the delegating nurse is not available on-site, the action that the person must take when medications are changed by order of a health care provider, including how to notify the delegating nurse of the change, how the delegating nurse will receive verification from the health care provider of the medication change, and how the nurse is to notify the other person if the administration of the change of medication is delegated. (e) The administration of PRN medication, other than controlled substances, may be delegated under this section if a nurse is not available on-site. Before the administration of PRN medications may be delegated, the nurse shall first assess the patient to determine whether on-site patient assessment will be required before administration of each dose of PRN medication. The written instructions provided to the person under 12 AAC 44.950(a)(7) must meet the requirements of (d) of this section, and must also include (1) when to administer the PRN medication to the patient; (2) the procedure to follow for the administration of the PRN medication, including dosage amount, frequency, and duration; and (3) the circumstances under which the person should contact the delegating nurse.

History

Authority: AS 08.68.100; AS 08.68.805; AS 08.68.850
Eff. 10/14/2004, Register 172; am 11/4/2004, Register 172; am 12/23/2009, Register 192; am 12/27/2012, Register 204; am 8/10/2016, Register 219; am 2/26/2021, Register 238; am 7/18/2021, Register 239; am 5/8/2025, Register 254

12 AAC 44.966 Board of Nursing

12 AAC 44.966. Delegation of the administration of injectable medication. (a) The administration of injectable medication is a specialized nursing task that may be delegated under the standards set out in 12 AAC 44.950(a), (c), and (d) and this section. (b) The administration of injectable medication may be delegated only by an advanced practice registered nurse to a certified medical assistant. The certified medical assistant may only perform the delegated duty in a private or public ambulatory care setting, and the advanced practice registered nurse must be immediately available on site when the certified medical assistant is administering injectable medication. (c) Repealed 5/16/2018. (d) To delegate to a certified medical assistant the administration of an injectable medication to a patient the written instructions provided to the certified medical assistant under 12 AAC 44.950(a)(7) must also include the information required in 12 AAC 44.965(d)(1) - (3). (e) The delegating advanced practice registered nurse is responsible for ensuring that the certified medical assistant maintains a national certification and for reviewing a current criminal background check upon hire, to be reviewed at five-year intervals. If the certified medical assistant has been convicted of a crime that, under AS 08.68.270 and 12 AAC 44.705, is substantially related to the qualifications, functions, or duties of a certified nurse aide, registered nurse, or practical nurse, the advanced practice registered nurse may not delegate the administration of injectable medications to that certified medical assistant. (f) Repealed 3/19/2014. (g) The delegating advanced practice registered nurse is responsible for ensuring that the certified medical assistant monitors the patient's response to the injection for a minimum of 15 minutes and reports and responds to any adverse reactions. (h) In this section, (1) "certified medical assistant" means a person who is currently nationally certified as a medical assistant by a national body accredited by the National Commission for Certifying Agencies (NCCA) and meets the requirements of this section; (2) "immediately available on site" means that the advanced practice registered nurse is present on site in the unit of care and not otherwise engaged in a procedure or task that the advanced practice registered nurse may not immediately leave when needed; (3) repealed 5/16/2018. (i) An advanced practice registered nurse may not delegate to a certified medical assistant or unlicensed assistive personnel the injection of a controlled substance under state or federal law.

History

Authority: AS 08.68.100; AS 08.68.805; AS 08.68.850
Eff. 5/7/2010, Register 194; am 3/19/2014, Register 209; am 5/16/2018, Register 226

12 AAC 44.970 Board of Nursing

12 AAC 44.970. Nursing duties that may not be delegated. Nursing duties that require the exercise of professional nursing knowledge or judgment or complex nursing skills may not be delegated. Nursing duties that may not be delegated include (1) the comprehensive assessment of the patient by a registered nurse, and referral and follow-up; (2) the focused assessment of the patient by a licensed practical nurse; (3) formulation of the plan of nursing care and evaluation of the patient's response to the care provided; (4) health education and health counseling of the patient and the patient's family or significant others in promoting the patient's health; (5) receiving or transmitting verbal, telephone, or written orders from the patient's health care provider; (6) the initiation, administration, and monitoring of intravenous therapy, including blood or blood products; (7) providing and assessing sterile wound or decubitus ulcer care; (8) managing and monitoring home dialysis therapy; (9) oral tracheal suction; (10) medication management for unstable medical conditions requiring ongoing assessment and adjustment of dosage or timing of administration; (11) placement and administration of nasogastric tubes and fluids; (12) initial assessment and management of newly-placed gastrostomy tubes and the patient's nutrition; (13) except as provided in 12 AAC 44.966, the administration of injectable medications; and (14) repealed 8/10/2016.

History

Authority: AS 08.68.100; AS 08.68.805; AS 08.68.850
Eff. 10/14/2004, Register 172; am 8/30/2007, Register 183; am 5/7/2010, Register 194; am 8/10/2016, Register 219

12 AAC 44.975 Board of Nursing

12 AAC 44.975. Exclusions. The provisions of 12 AAC 44.950 - 12 AAC 44.970 apply only to the delegation of nursing duties by a nurse licensed under AS 08.68; they do not apply when nursing duties have not been delegated, including when a person is acting (1) within the scope of the person's own license; (2) under other legal authority; or (3) under the supervision of another licensed health care provider.

History

Authority: AS 08.68.100; AS 08.68.805; AS 08.68.850
Eff. 10/14/2004, Register 172

12 AAC 44.980 Board of Nursing

12 AAC 44.980. Executive administrator. (a) The duties and responsibilities of the executive administrator include (1) operational knowledge of the job assignments of all board staff; (2) the efficient function of the board office, including timely review and issuance of licenses; (3) direct assistance in staff functions during times of increased workload; (4) repealed 5/16/2018; (5) repealed 5/16/2018; (b) Repealed 8/10/2016. (c) The executive administrator may (1) consult with the division investigators and may issue a license, permit, registration, or authorization sought in an application that contains an affirmative answer to questions about the applicant's disciplinary history, professional conduct, or personal history; (2) review and approve continuing education competency audits; audits that are not in compliance are to be reviewed by a board member; (3) review and assist the division's investigative staff with matters for jurisdiction, assess evidence of an alleged violation, and present to the board disciplinary recommendations and recommendations to deny a license, permit, registration, or authorization. Those recommendations must seek consistency with board historical precedent as required under AS 08.01.075(f), and any significant departure from precedent must be thoroughly explained. The board will make each final decision on a disciplinary recommendation or a recommendation to deny a license, permit, registration, or authorization.

History

Authority: AS 08.68.100; AS 08.68.111
Eff. 2/9/2007, Register 181; am 8/10/2016, Register 219; am 5/16/2018, Register 226

12 AAC 44.990 Board of Nursing

12 AAC 44.990. Definitions. As used in this chapter, unless the context otherwise requires, (1) "administration of medication" means the direct application of a medication to the body of a patient by injection, inhalation, ingestion, or other means; (2) "anesthesia service" means a qualified person or group of people given responsibility by the employing agency for administration of anesthetics and related maintenance of safety controls; (3) "APRN" means advanced practice registered nurse as defined in AS 08.68.850; (4) "associate degree program" includes general academic and nursing courses, is conducted within a community or junior college; and prepares a person for an associate degree in nursing; (5) "baccalaureate program" is a program conducted in a senior college or university and which is in an academic department, division, school, or college of the senior college or university, which prepares persons for a baccalaureate degree in nursing; (6) "board" means Alaska Board of Nursing; (7) repealed 5/16/2018; (8) "client" means an individual who receives care from a licensee; (9) "comprehensive assessment of the patient by a registered nurse" means the initial and ongoing collection of information about the patient to anticipate and recognize changes in the patient's medical conditions or health status, synthesize the biological, psychological, and social aspects of the patient's medical condition, evaluate the impact of health care, make decisions regarding changes in care, plan nursing interventions, evaluate the need for different interventions, and communicate and consult with the other health care providers regarding the patient's medical treatment; (10) "contact hour" means a 50-minute classroom instructional session or three laboratory or clinical practice hours; (11) "controlled substance" has the meaning given that term in AS 11.71.900, as revised as of September 19, 2002, adopted by reference; (12) "cooperating agencies" means any facility which provides clinical experience for the education of students in a nursing education program; (13) "criminal justice information" has the meaning given in AS 12.62.900; (14) "delegate the performance of nursing duties" means the assignment by a nurse licensed under AS 08.68 of a specific nursing duty within the nurse's scope of practice for a specific patient to another person as authorized under AS 08.68.805 and 12 AAC 44.950 - 12 AAC 44.970; (15) "department" means the Department of Commerce, Community, and Economic Development; (16) "division" means the division assigned occupational licensing functions in the department; (17) "drug" has the meaning that term is given in AS 11.71.900, as revised as of September 19, 2002, adopted by reference; (18) "focused assessment" of a patient by an licensed practical nurse means an appraisal of the patient's medical status and condition, contributing to ongoing data collection, and deciding who needs to be informed of the information and when to inform; (19) "on-site" means being physically present at the location where nursing duties are to be performed under a delegation from a nurse to another person; (20) "preceptorship" is that portion of the APRN course of study consisting of clinical experiences under the auspices of a qualified preceptor for the purpose of correlating theory to practical application of the expanding role of the nurse; the setting must provide an environment that permits observation and active participation in the delivery of health care; (21) "PRN medication" means medication to be taken as needed by the patient; (22) "qualified preceptor" means an advanced practice registered nurse currently authorized to practice as an APRN in the state or a currently licensed, practicing physician or a physician specifically exempted by AS 08.64.370(1) and approved by the board; the functions of the preceptor include supervision, teaching, and evaluation of a student's performance in the clinical setting; (23) "school" or "program" means a division in a college or university which is responsible for preparing persons for practice of professional or practical nursing; (24) "sexual contact" has the meaning given that term in AS 11.81.900, as revised as of September 19, 2002, adopted by reference; (25) "sexual impropriety" means behavior, a gesture, or an expression that is seductive, sexually suggestive, or sexually demeaning to a client; "sexual impropriety" includes (A) encouraging the client to masturbate in the presence of the licensee or masturbation by the licensee while the client is present; (B) offering to provide controlled substances or other drugs to the client in exchange for sexual contact; (C) disrobing or draping practice that is seductive, sexually suggestive, or sexually demeaning to a client, such as deliberately watching a client dress or undress or failing to provide privacy for disrobing; in this subparagraph, "deliberately watching a client dress or undress" does not include observing a client who may need assistance in dressing or undressing due to physical limitations or medical conditions; (D) making a comment about or to the client that is seductive, sexually suggestive, or sexually demeaning to a client, including (i) sexual comment about a client's body or underclothing; (ii) sexualized or sexually-demeaning comment to a client; (iii) demeaning or degrading comments to the client about the client's sexual orientation, regardless of whether the client is homosexual, heterosexual, or bisexual; (iv) requesting details of sexual history or sexual likes or dislikes of the client if the details are not clinically indicated for the type of examination or consultation within the scope of practice of the licensee; (E) initiation by the licensee of conversation with a client regarding the sexual problems, preferences, or fantasies of the licensee; (F) using the medical or professional relationship with the client to solicit sexual contact or a romantic relationship with the client or another; (G) kissing a client in a romantic or sexual manner; (26) "sexual misconduct" means regardless of client's consent or lack of consent, (A) sexual penetration or attempted sexual penetration with a client; (B) sexual contact or attempted sexual contact with a client; and (C) sexual impropriety; (27) "sexual penetration" has the meaning given that term in AS 11.81.900, as revised as of September 19, 2002, adopted by reference; (28) repealed 8/10/2016; (29) "stable and predictable" means that the patient's medical condition is known, through the nurse's assessment, to be consistent and nonfluctuating; "stable and predictable" includes a terminally ill patient with a predictable deteriorating condition; (30) "to perform an expanded role in the delivery of health care" means that the person is qualified, by virtue of specialized training and experience, to provide health care to the consumer through the identification, management, or referral of the consumer's health problems, and that the person is qualified to maintain the consumer's health by means of preventive and promotive health care actions; (31) "unencumbered" means, with reference to a license, certification, or registration, (A) not suspended, revoked, on probation, or otherwise restricted by the issuing authority; and (B) for which the holder of the license, certification, or registration is not presently under investigation by the issuing authority for disciplinary violations. (32) "CNA" means certified nurse aide. (33) "telehealth" has the meaning given in AS 47.05.270(e); (34) "cognitively impaired individual" means an individual who has been diagnosed with dementia, Alzheimer's, or another neurodegenerative disease.

History

Authority: AS 08.68.100; AS 08.68.275; AS 08.68.805
Eff. 1/13/80, Register 73; am 10/8/81, Register 80; am 12/1/84, Register 91; am 4/2/86, Register 97; am 4/29/91, Register 118; am 7/28/95, Register 135; am 11/2/2001, Register 160; am 6/16/2002, Register 162; am 11/10/2002, Register 164; am 10/14/2004, Register 172; am 2/9/2007, Register 181; am 11/19/2008, Register 188; am 12/27/2012, Register 204; am 8/10/2016, Register 219; am 5/16/2018, Register 226; am 5/7/2020, Register 234; am 5/8/2025, Register 254

Chapter 46 Nursing Home Administrators

12 AAC 46.010 Eligibility for a nursing home administrator license

(a) To be eligible for an initial license as a nursing home administrator, an applicant must

(1) be at least 19 years of age;

(2) have an associate or higher degree in a health care or business related field from a college or university that is accredited by a national or regional accrediting association recognized by the United States Secretary of Education;

(3) meet the experience and training requirements of (b) of this section;

(4) pass the examination required in 12 AAC 46.030; and

(5) demonstrate to the satisfaction of the department that the licensee is fit to practice as a nursing home administrator, by showing that the applicant has not engaged in any conduct listed in AS 08.70.110(c) or 08.70.155.

(b) To meet the experience and training requirements for an initial license as a nursing home administrator, an applicant must

(1) have completed a minimum of 12 months of experience in health care facility management that meets the requirements of (c) of this section; the 12 months of experience need not be consecutive;

(2) have completed an administrator-in-training (AIT) program that meets the requirements in 12 AAC 46.041 or an AIT program approved by another licensing jurisdiction; or

(3) hold a valid and active Health Care Services Executive credential issued by the National Association of Long Term Care Administrator Boards (NAB).

(1) the applicant earned at least 40 hours of experience during that month;

(2) the experience was earned under the supervision of a health care facility administrator who can verify the applicant's experience; and

(3) the applicant's experience was in institutional management in a health care facility, including general administration techniques, fiscal management, personnel management, client care issues, physical facility management, federal and state regulations, and public relations.

History

Authority: AS 08.70.050
Eff. 5/13/77, Register 62; am 12/17/79, Register 73; am 8/17/97, Register 143; am 4/18/2025, Register 254

12 AAC 46.020 Application for initial license

(a) An applicant for an initial nursing home administrator license by examination shall submit

(1) a completed application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.290;

(3) official college or university transcripts verifying the applicant's education;

(4) verification of the experience required by 12 AAC 46.010(b);

(5) information on any licensing action in another jurisdiction, including

(A) action to revoke or suspend a license;

(B) any unresolved complaint, review procedure, or disciplinary proceeding; or

(6) information regarding conviction of a crime related to the grounds for license denial or imposition of disciplinary sanctions in AS 08.70.110(c) and 08.70.155; and

(7) responses to questions, on the form provided by the department, regarding the applicant's professional history, and mental and physical fitness to practice as a nursing home administrator, under the standards established for license denial or imposition of disciplinary sanctions in AS 08.70.110(c) and 08.70.155.

(b) An applicant shall file the items set out under (a) of this section with the department for approval to take an examination.

(c) An applicant for an initial nursing home administrator license without examination as provided in AS 08.70.11 0(b) shall submit the items set out under (a) of this section and arrange for the submission of verification that the applicant holds a current nursing home administrator license in good standing in another licensing jurisdiction that was issued based upon standards at least equivalent to those in 12 AAC 46.010. Verification must be sent to the department directly from the licensing agency in that jurisdiction.

History

Authority: AS 08.70.050; AS 08.70.090; AS 08.70.110
Eff. 5/13/77, Register 62; am 12/17/79, Register 73; am 8/17/97, Register 143; am 12/2/99, Register 152; am 4/18/2025, Register 254

12 AAC 46.030 Examination requirements

(a) The examination required for licensure as a nursing home administrator is the Nursing Home Administration Licensing Examination of the NAB.

(b) To pass the examination for licensure, an individual must receive at least a scaled score of 113, as reported by NAB.

History

Authority: AS 08.70.050; AS 08.70.120
Eff. 5/13/77, Register 62; am 8/17/97, Register 143

12 AAC 46.040 Continuing education required for license renewal

Repealed 12/17/79.

12 AAC 46.041 Nursing home administrator-in-training program

(a) An applicant for a nursing home administrator license may meet the experience and training requirements of 12 AAC 46.010 by satisfactorily completing an administrator-in-training (AIT) program that meets the requirements of this section.

(b) An acceptable AIT program must

(1) be conducted under the guidance and supervision of a preceptor who meets the requirements of 12 AAC 46.051;

(2) require completion of all the activities and forms provided in the National Association of Long Term Care Administrator Boards' (NAB) National Administrator Residency/AIT Program Manual (2021 Edition), adopted by reference;

(3) consist of at least 1,000 hours of training and education; and

(4) be completed within two years of the date that the AIT program proposal is submitted to the department under (c) of this section.

(1) a completed form for application for a nursing home administrator license;

(2) the application fee required in 12 AAC 02.290; and

(3) a complete AIT program proposal, on a form provided by the department, that

(A) shows the anticipated dates of completion of each AIT activity;

(B) lists the qualifications of the applicant's preceptor; and

(d) An applicant who has initiated or completed an AIT program without prior approval by the department may submit an application for licensure under this section if

(1) the AIT program

(A) was completed not more than 12 months before the date the application is submitted to the department; or

(B) will be completed not more than two years after the date the application is submitted to the department; and

(2) the application demonstrates how the criteria in this section have been met; the department may require additional information to determine that the applicant meets the criteria of this section.

History

Authority: AS 08.70.050
Eff. 8/17/97, Register 143; am 4/18/2025, Register 254

12 AAC 46.050 Board accreditation of nonacademic continuing education program

Repealed 12/17/79.

12 AAC 46.051 Administrator-in-training preceptor requirements

(a) To serve as an administrator-in-training (AIT) preceptor, an individual must

(1) be currently licensed as a nursing home administrator in the jurisdiction where the AIT is completing the training activities;

(2) be currently employed in an administrative position in the nursing home where the AIT is completing the training activities;

(3) agree, in writing, to fulfill the duties and responsibilities of a preceptor, as set out in the National Association of Long Term Care Administrator Boards' (NAB) National Administrator Residency/AIT Program Manual (2021 Edition), adopted by reference.

(b) A preceptor shall conduct a weekly supervisory conference with the AIT to monitor the education and activities of the AIT.

History

Authority: AS 08.70.050
Eff. 8/17/97, Register 143; am 4/18/2025, Register 254

12 AAC 46.060 Activities not eligible for nonacademic continuing education accreditation

Repealed 7/22/82.

12 AAC 46.070 Application for license renewal

A licensee applying for renewal of a nursing home administrator license shall submit to the department

(1) a completed license renewal application form;

(2) proof of continued competence consisting of a signed statement completed by the licensee, on a form provided by the department, responding to questions about any violations of the licensee of the provisions of AS 08.70.155 and providing an explanation of those responses that demonstrates to the satisfaction of the department that the licensee is fit to practice as a nursing home administrator; and

(3) the biennial license renewal fee established in 12 AAC 02.290.

History

Authority: AS 08.70.050; AS 08.70.155
Eff. 5/13/77, Register 62; am 7/22/82, Register 83; am 8/17/97, Register 143

12 AAC 46.900 Definitions

In this chapter

(1) "department" means the Department of Commerce, Community, and Economic Development;

(2) "health care facility" means a place devoted primarily to the inpatient diagnosis, treatment, or care of two or more unrelated individuals suffering from illness, disease, injury, or physical or mental disability;

(3) "NAB" means the National Association of Boards of Examiners for Nursing Home Administrators, Inc.;

(4) "nursing home" has the meaning given in AS 08.70.180.

History

Authority: AS 08.70.050
Eff. 5/13/77, Register 62; am 7/22/82, Register 83; am 8/17/97, Register 143

Chapter 48 Board of Examiners in Optometry

Article 1 Application Requirements

12 AAC 48.010 Board membership

Repealed 3/12/86.

12 AAC 48.011 License by examination

(a) An applicant for a license by examination to practice optometry, with the prescriptive authority as described in AS 08.72.272, must submit or ensure the submission of

(1) a completed and notarized application on a form provided by the department;

(2) documentation showing that the applicant has passed, not earlier than the four years immediately preceding the date of application, all parts of the examinations required in 12 AAC 48.015(a)(1) and (2) sent directly to the department from the National Board of Examiners in Optometry (NBEO); if the applicant has graduated in accordance with (3) of this subsection two years or more before the date of the application, the applicant must provide verification of the completion of 36 hours of approved continuing education taken not earlier than the two years immediately preceding the date of application, in ocular pathology or pharmacology that meets the requirements of 12 AAC 48.210(b);

(3) college transcripts verifying graduation from a recognized school or college of optometry, sent directly to the department from the institution;

(4) if the applicant has been licensed in another jurisdiction, verification of licensure, including the disposition on any disciplinary action taken or pending against the applicant, from each licensing jurisdiction in which the applicant holds or has ever held an optometry license;

(5) the applicable fees required by 12 AAC 02.300;

(6) the completed Alaska State Optometry Law Examination required under 12 AAC 48.015;

(7) repealed 11/15/2023;

(8) references from three individuals not related to the applicant by blood or marriage attesting to the applicant's good moral character and capacity to competently and safely practice optometry; the reference must be on a form provided by the department, signed before a notary, and sent directly to the department by the individual providing the reference; to be eligible to provide a reference under this paragraph, the individual must be one of the following:

(A) an optometrist currently licensed in this state or another state or territory of the United States or in a province of Canada;

(B) an instructor or official from the applicant's school of optometry;

(9) if the applicant holds a valid federal Drug Enforcement Administration registration number, verification that the applicant has complied with the requirement for education in pain management and opioid use and addiction under AS 08.72.181(d).

(b) The board will not review an application until the fees required by 12 AAC 02.300(1) and (2) and documents required in (a)(1) - (4), (7), and (8) of this section have been received by the department.

(c) The board may request additional information from a licensing jurisdiction and other applicable sources if an applicant's license history received under (a)(4) of this section shows disciplinary action that the board determines needs further review.

(d) The board will issue a license by examination to practice optometry, with prescriptive authority described in AS 08.72.272, to an applicant who meets the requirements of AS 08.72 and this chapter.

History

Authority: AS 08.72.050; AS 08.72.150; AS 08.72.272 AS 08.72.110; AS 08.72.160 AS 08.72.140; AS 08.72.170
Eff. 2/26/89, Register 109; am 3/20/93, Register 125; am 4/14/95, Register 134; am 10/11/95, Register 136; am 4/24/97, Register 142; am 7/20/97, Register 143; am 11/2/2002, Register 164; am 9/17/2003, Register 167; am 4/11/2008, Register 186; am 10/16/2011, Register 200; am 12/2/2012, Register 204; am 11/29/2017, Register 224; am 2/21/2019, Register 229; am 11/15/2023, Register 248

12 AAC 48.015 Examinations

(a) Except as provided in 12 AAC 48.020, to qualify for a license to practice optometry, an applicant must provide verification of having passed

(1) not earlier than four years immediately preceding the date of application, parts I, II, and III of the written and practical examination, and the Injections Skill Examination (ISE), offered by the National Board of Examiners in Optometry (NBEO) with a minimum passing score as determined by the NBEO;

(2) not earlier than four years immediately preceding the date of application, the Treatment and Management of Ocular Disease (TMOD) examination offered by the National Board of Examiners in Optometry; and

(3) the Alaska State Optometry Law examination covering the provisions of AS 08.72 and this chapter with a passing score of at least 90 percent.

(b) The Alaska State Optometry Law Examination is an open book examination. The department will provide electronic examination and study materials to an approved applicant and will notify an applicant when material is available using the electronic mail address provided on the applicant's completed application. A completed electronic examination must be submitted to the department within 30 days after the department sends the electronic mail message, as shown by the date-stamp on the message. At an applicant's request or if an electronic mail address is not provided by the applicant, examination and study materials will be mailed directly to the applicant. An examination completed by mail must be returned to the department within 30 days after mailing, as shown by the postmark dates.

History

Authority: AS 08.72.050; AS 08.72.160
Eff. 6/14/80, Register 74; am 4/22/83, Register 86; am 2/26/89, Register 109; am 3/20/93, Register 125; am 4/24/97, Register 142; am 11/2/2002, Register 164; am 9/17/2003, Register 167; am 10/16/2011, Register 200; am 12/2/2012, Register 204; am 11/29/2017, Register 225; am 8/7/2021, Register 239

12 AAC 48.020 License by credentials

(a) The board will issue a license by credentials to practice optometry, with the prescriptive authority as described in AS 08.72.272, to an applicant who meets the requirements of AS 08.72.140, AS 08.72.170, and this section.

(b) An applicant for a license under this section must submit

(1) a complete and notarized application on a form provided by the department;

(2) the applicable fees required by 12 AAC 02.300;

(3) an affidavit certifying at least 3,120 hours of active licensed clinical practice experience in optometry at the highest therapeutic level authorized by the licensing authority in their jurisdiction not earlier than the three years immediately preceding the date of application, signed by a licensed health care professional who is familiar with the applicant's practice; the board may require further documentation verifying the 3,120 hours of active licensed clinical practice;

(4) the completed Alaska State Optometry Law examination required in 12 AAC 48.015(a)(3).

(c) In addition to the requirements of (b) of this section, an applicant for a license under this section shall arrange for and ensure the submission of the following:

(1) college transcripts verifying graduation from a recognized school or college of optometry, sent directly to the department from the institution;

(2) verification from all licensing jurisdictions in which the applicant holds or has ever held a license to practice optometry showing that the applicant's license has not been the subject of any disciplinary action and that there are no pending or unresolved actions against the applicant, sent directly to the department from the licensing jurisdiction;

(3) verification that the applicant has successfully completed all the requirements for, and, received a license to practice optometry from another state or territory of the United States or from a province of Canada that required the applicant to have passed the National Board of Examiners in Optometry (NBEO) examination, sent directly to the department from the licensing jurisdiction;

(4) verification from a licensing jurisdiction in another state or a territory of the United States or in a province of Canada, showing that the applicant holds a current active license to practice optometry, sent directly to the department from the licensing jurisdiction;

(5) repealed 11/15/2023;

(6) verification of having passed the National Board of Examiners in Optometry (NBEO) examination, sent directly to the department from the NBEO;

(7) if the applicant holds a valid federal Drug Enforcement Administration registration number, verification that the applicant has complied with the requirement for education in pain management and opioid use and addiction under AS 08.72.181(d);

(8) verification that the applicant has completed a nontopical therapeutic pharmaceutical agent injection course of at least seven hours approved by the board, or equivalent training acceptable to the board, taken after graduating from optometry school.

History

Authority: AS 08.72.050; AS 08.72.170 AS 08.72.110; AS 08.72.272
Eff. 9/17/2003, Register 167; am 4/11/2008, Register 186; am 7/19/2009, Register 191; am 10/16/2011, Register 200; am 12/2/2012, Register 204; am 2/21/2019, Register 229; am 11/15/2023, Register 248

12 AAC 48.021 Pharmaceutical agent use endorsement

Repealed.

History

Eff. 9/30/88, Register 108; am 3/20/93, Register 125; am 4/11/2008, Register 186; repealed 10/16/2011, Register 200

12 AAC 48.022 Restricted licenses

(a) The board may issue a restricted license, restricting the optometrist from prescribing or using a pharmaceutical agent in the practice of optometry, only to an optometrist who has been issued a license on or before June 2, 2010 but does not have a license endorsement under former AS 08.72.175 issued before June 2, 2010.

(b) The board may issue a restricted license, restricting the optometrist from prescribing or using a pharmaceutical agent in the practice of optometry except for use of a drug topically applied to the human eye and its appendages as permitted under former AS 08.72.175(c) and former AS 08.72.272(c), only to an optometrist who has a license issued on or before June 2, 2010 and a license endorsement issued under former AS 08. 72.175(c), as it read on the day, before June 2, 2010.

(c) A restricted license issued under (a) or (b) of this section may be renewed under the same conditions that apply to other licenses issued under AS 08.72, and upon successful completion of the applicable continuing education required under 12 AAC 48.200 and 12 AAC 48.210.

(d) The board may remove the restrictions on a license issued under this section if the licensee has met the requirements of AS 08.72.140(4). If restrictions on a license are removed, the licensee may not be issued a restricted license under this section on or after the date the restrictions are removed.

(e) A licensee holding a restricted license may not apply for or be granted a retired status license under AS 08.72.185.

(f) If a licensee holding a restricted license allows the license to lapse, the license is considered as permanently lapsed and may not be reinstated in restricted status. The former licensee under this section must apply for a new license under AS 08.72 and this chapter.

History

Authority: AS 08.72.050; AS 08.72.150; AS 08.72.181 AS 08.72.110; AS 08.72.170
Eff. 10/16/2011, Register 200; am 8/7/2021, Register 239

12 AAC 48.025 Pharmaceutical agent prescription and use endorsement

Repealed.

History

Eff. 3/20/93, Register 125; am 11/2/2002, Register 164; am 9/17/2003, Register 167; am 4/20/2006, Register 178; am 4/11/2008, Register 186; am 7/19/2009, Register 191; repealed 10/16/2011, Register 200

12 AAC 48.026 Retired status license

(a) If the licensee holds an optometry license that is not restricted, the licensee may apply for a retired status license by submitting

(1) a completed application on a form provided by the department;

(2) the applicable fee established in 12 AAC 02.300.

(b) The board will issue an active license to practice optometry, with prescriptive authority as described in AS 08.72.272, as appropriate, to a person holding a retired status license under AS 08.72.185, for five years or less in this state if the applicant meets the requirements of AS 08.72 and this chapter and submits a completed and notarized application on a form provided by the department. The completed application must include

(1) documentation of satisfying AS 08.72.140(2) and (3) and 08.72.181(d) and (e);

(2) the applicable fees established in 12 AAC 02.300; and

(3) documentation of satisfying the continuing education requirements under AS 08.72 and 12 AAC 48.200 - 12 AAC 48.230 that would have been required to maintain an active license during the period the person held the retired status license.

(c) The board will issue an active license to practice optometry, with the prescriptive authority as described in AS 08.72.272, to a person holding a retired status license that has been retired for more than five years, but less than 10 years, if the applicant meets the requirements of AS 08.72 and this chapter and submits the following:

(1) a completed and notarized application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.300;

(3) documentation showing the applicant has engaged in 400 hours of clinical practice per year in another state or territory of the United States or in a province of Canada under an active license to practice optometry in that jurisdiction and the practice was not earlier than the two years immediately before the date of application;

(4) the completed Alaska State Optometry Law examination required under 12 AAC 48.015(a)(3);

(5) a statement of the dates and places of employment involving the clinical practice of optometry after the license was retired under AS 08.72;

(6) verification from all licensing jurisdictions in which the applicant holds or has ever held a license to practice optometry in another state or a territory of the United States or in a province of Canada, if any, for the entire period the license has been retired under AS 08.72, showing that the applicant's license has not been the subject of any disciplinary action and that there are no pending or unresolved actions against the applicant; to be considered under this paragraph, the verification must be sent directly to the department from the licensing jurisdiction;

(7) repealed 11/15/2023;

(8) a license that has been retired for 10 years or more may not be converted under AS 08.72.185 to an active or inactive license, and the former licensee must apply for a new license under 08.72 and this chapter.

History

Authority: AS 08.72.050; AS 08.72.170; AS 08.72.272 AS 08.72.110; AS 08.72.181 AS 08.72.150; AS 08.72.185
Eff. 10/16/2011, Register 200; am 12/2/2012, Register 204; am 11/15/2023, Register 248

12 AAC 48.030 Branch office certificate

Repealed.

12 AAC 48.035 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice optometry, with the prescriptive authority set out under AS 08.72.272, to an applicant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a completed application on a form provided by the department;

(2) must pay the temporary military courtesy license fee set out under 12 AAC 02.300;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is currently licensed and in good standing in another licensing jurisdiction and the applicant's license in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements;

(5) may not have been convicted of a crime that affects the applicant's ability to practice optometry competently and safely, as determined by the board; and

(6) must submit documentation required under 12 AAC 48.020(c)(7) and of having completed the Treatment and Management of Ocular Disease (TMOD) examination offered by the National Board of Examiners in Optometry or a nontopical therapeutic pharmaceutical agent course, as determined under AS 08.72.140(4)(B).

(c) A temporary military courtesy license issued to an active duty military member or spouse of an active duty military member under this section will be issued for a period of 180 days and may be extended for an additional 180-day period, at the discretion of the board.

(d) A temporary military courtesy license holder may not perform injections or expanded therapeutic procedures until written authorization is granted by the board upon confirmation that the temporary military courtesy license holder has successfully met the applicable requirements set out under 12 AAC 48.0040.

(e) While practicing under a temporary military courtesy license issued under this section, a temporary military courtesy license holder must comply with the standards of practice set out under AS 08.72 and this chapter, and is subject to discipline under AS 08.72.240.

(f) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.72.240.

History

Authority: AS 08.01.062; AS 08.72.050; AS 08.72.170 AS 08.01.063; AS 08.72.110; AS 08.72.272
Eff. 4/30/2015, Register 214; am 10/26/2022, Register 244

12 AAC 48.040 Expanded therapeutic procedure

(a) A licensee may not perform ophthalmic surgery as defined in AS 08.72.278(c), unless the procedure is an expanded therapeutic procedure as defined under this section and the licensee is authorized by the board to perform the procedure.

(b) The board may authorize a qualified licensee to perform an expanded therapeutic procedure or procedures in the practice of optometry. A licensee requesting authorization to perform an expanded therapeutic procedure shall have satisfactorily completed a course in the expanded therapeutic procedure provided by an institution accredited by the Council for Higher Education Accreditation and approved by the board, and shall further satisfy the requirements of this section.

(1) proof of a current license in good standing to practice optometry in this state; and

(2) evidence satisfactory to the board that the licensee successfully completed a course of instruction in an expanded therapeutic procedure approved by the board.

(d) To be approved by the board, a course in an expanded therapeutic procedure shall include:

(1) didactic classroom instruction in

(A) laser physics, hazards, and safety;

(B) biophysics of lasers;

(D) laser tissue interactions;

(E) laser indications, contraindication, and potential complications;

(F) gonioscopy;

(G) laser therapy for open angle glaucoma;

(H) laser therapy for angle closure glaucoma;

(I) laser posterior capsulotomy;

(J) common complications of the lid, lashes, and the lacrimal system;

(K) local complications;

(L) medicolegal aspects of anterior segment procedures;

(M) peripheral iridotomy;

(N) laser trabeculoplasty;

(O) minor surgical procedures;

(P) an overview of surgical instruments, asepsis, and Occupational Safety and Health Administration regulations;

(Q) surgical anatomy of the eyelids;

(R) emergency surgical procedures;

(S) chalazion management;

(T) epiluminescence microscopy;

(U) local anesthesia techniques and complications;

(V) anaphylaxis and other office emergencies;

(W) radiofrequency surgery; and

(X) post-operative wound care;

(2) clinical or laboratory experience incorporating

(A) video demonstration;

(B) in vitro observation or participation; and

(3) passage of a formal clinical or laboratory practical examination; and

(4) passage of a written test administered by the educational institution providing the course, that uses the National Board of Examiners in Optometry format.

(e) A course of instruction may be considered for approval by the board if the course;

(1) meets the requirements of (d) of this section;

(2) is provided by an accredited optometry school under (b) of this section;

(3) is at least 32 clock hours in length;

(4) is completed after graduation from optometry school; and

(5) is completed after January 1, 2016.

(f) The board may consider a course of instruction for approval if the course satisfies the requirements of (e)(1) through (e)(4) of this section, but was completed before January 1, 2016, if the licensee

(1) has been practicing in a state that allows expanded therapeutic procedures immediately preceding the date of request for authorization of expanded therapeutic procedures;

(2) has continuously practiced in that state from the time of completion of the approved course; and

(3) provides an affidavit verifying a minimum of 1,040 hours of active clinical practice in optometry for each year since the date of completion of the approved course.

(g) An optometrist licensed and authorized by the board to perform an expanded therapeutic procedure in the practice of optometry shall be limited within the scope of the board's authorization under (b) of this section. A license issued to the licensee must expressly identify each approved expanded therapeutic procedure the licensee is authorized to perform.

(h) Notwithstanding any other provision of this section, a licensee may not perform ophthalmic surgery for the following procedures, but may provide preoperative and postoperative care for

(1) retina laser procedures;

(2) laser-assisted in situ keratomileusis (LASIK) and photorefractive keratectomy (PRK);

(3) surgery related to removal of the eye from a living human being;

(4) surgery requiring full thickness incision or excision of the cornea or sclera other than paracentesis in an emergency situation requiring immediate reduction of the intraocular pressure;

(5) penetrating keratoplasty or lamellar keratoplasty;

(6) non-laser surgery requiring incision of the iris and ciliary body, including iris diathermy or cryotherapy;

(7) non-laser surgery requiring incision of the vitreous;

(8) surgery requiring incision of the retina;

(9) surgical extraction of the crystalline lens;

(10) surgical implantation of intraocular lens implants;

(11) incisional or excisional surgery of the extraocular muscles;

(12) non-laser surgery of the eyelid for eyelid malignancies or for incisional cosmetic or mechanical repair of blepharochalasis, ptosis, and tarsorrhaphy;

(13) surgery of the bony orbit, including orbital implants;

(14) incisional or excisional non-laser surgery of the lacrimal system other than lacrimal probing or related procedures;

(15) surgery requiring full thickness conjunctivoplasty with graft or flap;

(16) any non-laser surgical procedure that does not provide for the correction and relief of ocular or ocular adnexa abnormalities;

(17) injection into the posterior chamber of the eye to treat any macular or retinal disease;

(i) A licensee treating a patient with an eyelid or adnexal lesion found to be malignant shall refer the patient to a practitioner trained and qualified to treat those lesions.

(j) A licensee may not perform an injection into the posterior segment or chamber, or retinal tissue to treat any macular or retinal disease.

(k) A licensee who performs an expanded therapeutic procedure without board authorization may be subject to disciplinary sanctions under AS 08.72.240.

(l) For the purpose of this section, "expanded therapeutic procedure" means an ophthalmic surgery approved by the board in compliance with AS 08.72.278, and may include anterior segment laser procedures, anterior segment surgical procedures, YAG laser capsulotomy, laser peripheral iridotomy, and laser trabeculoplasty.

History

Authority: AS 08.72.050; AS 08.72.273; AS 08.72.278
Eff. 12/8/2019, Register 232

12 AAC 48.064 Advertising

Repealed 8/8/84.

Article 2 Continuing Education

12 AAC 48.200 License renewals and continuing education

(a) In order to be approved by the board, an applicant for renewal of a license must pay the appropriate renewal fee and submit documentation of completing continuing education courses, related to the practice of optometry, as specified in (b) or (c) of this section within the two-year renewal period as specified in 12 AAC 48.210.

(b) The following continuing education courses, if related to the practice of optometry, are accepted by the board for renewal of a license to practice optometry:

(1) educational courses offered at the American Optometric Association (AOA) Convention or offered at any American Optometric Association affiliate state association convention;

(2) seminars held by committees of the AOA or organized regional Optometric Extension Program Foundation seminars for educational purposes;

(3) postgraduate courses offered by recognized schools or colleges of optometry;

(4) remote learning, online, and correspondence courses, except that no more than 10 hours of continuing education credits may be claimed in a single licensing renewal period;

(5) courses approved by the Council on Optometric Practitioner Education (COPE):

(6) educational courses offered by the American Academy of Optometry (AAO).

(c) Other continuing education courses not listed in (b) of this section, if related to the practice of optometry under this chapter and AS 08.72, may be approved by the board upon written request of the licensee, if request is submitted not later than 30 days following course completion. The request must include the following information:

(1) name and address of organization sponsoring courses;

(2) course title and outline of subject matter to be covered;

(3) instructor's name and credentials; and

(4) location and dates of the course.

(d) If the applicant for renewal holds a valid federal Drug Enforcement Administration registration number, verification that the applicant has met the requirements of AS 08.72.181(d).

(e) A licensee who, for good cause, is unable to complete the continuing education courses for renewal of a license may request an exemption by submitting to the board a written statement explaining the good cause for the exemption. If the exemption is granted, the board will prescribe an alternative method for the licensee to complete the continuing education requirements.

(f) In this section, "good cause" may include

(1) serious illness;

(2) a family emergency; and

(3) other extenuating circumstances, as found by the board.

History

Authority: AS 08.72.050; AS 08.72.181
Eff. 4/24/71, Register 37; am 2/10/83, Register 85; am 2/16/89, Register 109; am 11/2/2002, Register 164; am 12/31/2005, Register 176; am 10/16/2011, Register 200; am 4/30/2015, Register 214; am 2/21/2019, Register 229; am 8/7/2021, Register 239; am 11/15/2023, Register 248

12 AAC 48.210 Hours of continuing education required

(a) On or after February 21, 2019; an applicant for renewal of a biennial optometry license, must document at least 40 contact hours of continuing education credit that meets the requirements of 12 AAC 48.200, and that was completed during the concluding licensing period.

(b) Continuing education credit received under (a) of this section must include at least 24 contact hours of ocular pathology or pharmacology.

(c) No more than three contact hours of credit in practice management is acceptable as continuing education credit under (a) of this section for each license period.

(d) If the applicant for renewal holds a valid federal Drug Enforcement Administration registration number, document that the applicant

(1) has complied with the requirements of AS 08.72.181(d) and

(2) is registered with the Prescription Drug Monitoring Program controlled substance prescription database under AS 17.30.200 and 12 AAC 48.360.

(e) An applicant for renewal of an optometry license for the first time must document completion of at least one-half of the continuing education requirements in this section for each complete calendar year that the applicant was licensed during the concluding license period.

History

Authority: AS 08.72.050; AS 08.72.140; AS 08.72.272 AS 08.72.060; AS 08.72.181
Eff. 4/24/71, Register 37; am 2/10/83, Register 85; am 2/26/89, Register 109; am 3/20/93, Register 125; am 11/2/2002, Register 164; am 4/11/2008, Register 186; am 10/16/2011, Register 200; am 12/2/2012, Register 204; am 11/29/2017, Register 224; am 2/21/2019, Register 229

12 AAC 48.220 Report of continuing education

(a) An applicant for renewal of a license to practice optometry shall submit, on a form provided by the department, a statement of the continuing education instruction required by 12 AAC 48.200 - 12 AAC 45.220 that the applicant has completed during the concluding license period.

(b) Falsification of any written evidence submitted under this section or 12 AAC 02.960 is unprofessional conduct and constitutes grounds for license reprimand, revocation, or suspension.

History

Authority: AS 08.72.050; AS 08.72.181
Eff. 4/22/83, Register 86; am 10/14/99, Register 152; am 4/11/2008, Register 186

12 AAC 48.230 Exemption from continuing education requirements for active duty military service in a combat zone, danger pay post, or qualified hazardous duty area

(a) An optometrist who meets the requirements of this section is exempt from the continuing education requirements of 12 AAC 48.200 (a) - (c) and 12 AAC 48.220(a) - (c) as specified in this section for renewal of an optometrist license for the biennial licensing period immediately following a period of service by an optometrist during which an optometrist was engaged in active duty military service in the armed forces of the United States, in a combat zone, danger pay post, or qualified hazardous duty area.

(b) To obtain an exemption under this section, an optometrist must submit official documentation satisfactory to the board of active duty military service, in a combat zone, danger pay post, or qualified hazardous duty area.

(c) The board will waive half of the continuing education hours required in 12 AAC 48.210 if the board determines that the applicant was engaged in active duty military service in the armed forces of the United States, in a combat zone, danger pay post, or qualified hazardous duty area, for at least six consecutive months during the concluding licensing period.

(d) The board will waive all continuing education hours required in 12 AAC 48.210 if the board determines that the applicant was engaged in active duty military service in the armed forces of the United States in a combat zone, danger pay post, or qualified hazardous duty area, for 12 or more months during the concluding licensing period.

(e) in this section,

(1) "engaged in active duty military service" means military personnel serving in an active capacity, including

active duty personnel in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or reservists;

(2) "combat zone" means an area that the President of the United States designates by executive order as an area in which the armed forces of the United States are engaging or have engaged in combat;

(3) "danger pay post" means a post so designated by the United States Secretary of State in the Department of State Standardized Regulations for purposes of danger pay under 5 U.S.C. 5828; and

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

History

Authority: AS 08.01.100; AS 08.72.050; AS 08.72.181
Eff. 7/19/2009, Register 191; am 2/21/2019, Register 229

Article 3 Standards of Practice

12 AAC 48.300 When a practice is conveyed to another

When an optometrist disposes of his established practice to a successor, the successor shall, within a reasonable time, remove from all signs, cards, stationery, and directories connected with the practice he has acquired or is acquiring, all words or phrases such as "successor to," "associate of," or words of like import. Under no circumstances may the use of these signs, cards, stationery or advertising continue for more than two years.

History

Authority: AS 08.72.050(4)

12 AAC 48.310 Visual analysis records

Every optometrist shall keep a record of examinations and visual analyses made and prescriptions issued and for whom the prescriptions were prepared. The record shall be preserved for a period of at least five years from the date services were rendered, except in the case of death of the patient.

History

Authority: AS 08.72.050(4)

12 AAC 48.320 Routine vision examination

Repealed.

History

Eff. 2/14/78, Register 65; am 4/22/83, Register 86; repealed 12/31/2005, Register 176

12 AAC 48.330 Unprofessional conduct

(a) No optometrist may advertise professional services in a false or misleading manner. Conduct prohibited by this subsection includes

(1) using any false, deceptive, or misleading representation in connection with any advertising concerning ophthalmic products or optometric services; and

(2) lending, leasing, renting, or in any other manner placing a certificate of registration at the disposal of or in the service of a person not licensed to practice optometry in this state.

(b) Repealed 3/12/86.

(d) An optometrist may only represent themselves as a specialist if they are currently certified as a

(1) diplomate of the American Academy of Optometry

(2) fellow of the College of Optometrists in Vision Development; or

(3) fellow of the Neuro-Optometric Rehabilitation Association.

(e) No optometrist required to be licensed under AS 08.72 may allow his or her professional conduct or judgment in the practice of optometry to be directed or controlled by a person who is not an optometrist licensed to practice optometry in Alaska.

History

Authority: AS 08.72.050; AS 08.72.060; AS 08.72.240

12 AAC 48.340 Prescription and use of a pharmaceutical agent or controlled substance

(a) A licensee may not prescribe, order, or administer a pharmaceutical agent, including a controlled substance, for the treatment of eye disease unless the use of the pharmaceutical agent or controlled substance is

(1) within the scope of the licensee's education and training from an accredited school of optometry;

(2) in compliance with 12 AAC 48.350 and this section; and

(3) for the treatment of ocular disease or conditions, ocular adnexal disease or conditions, or emergency anaphylaxis.

(b) A licensee may prescribe, order, or administer a controlled substance if the requirements of (a) of this section are met and

(1) the controlled substance is not a schedule IA, IIA, or VIA controlled substance; however, a licensee may prescribe, order, or administer a pharmaceutical agent containing hydrocodone;

(2) the licensee has filed with the department a current federal Drug Enforcement Administration number that is valid for the substance prescribed, ordered, or administered;

(3) the licensee has registered with the prescription drug monitoring program (PDMP) controlled sustance prescription database under AS 17.30.200 and 12 AAC 48.360; and

(4) the licensee prescribes in accordance with AS 08.72.276.

History

Authority: AS 08.72.050; AS 08.72.170; AS 08.72.278 AS 08.72.140; AS 08.72.272
Eff. 4/17/2019, Register 230

12 AAC 48.350 Use of controlled substances; limitations

(a) Before prescribing, ordering, or administering a controlled substance, a licensee shall

(1) evaluate the patient and include complete medical, pain, alcohol, and substance abuse histories;

(2) diagnose the patient and document in the patient's medical record the nature of the underlying disease, presence of pain, and pain mechanism if discernable;

(3) develop an individual treatment plan and document in the patient's medical record medical justification for controlled substance therapy; and

(4) ensure that any outpatient or guardian is informed verbally and in writing of the benefits and risks of controlled substance therapy and any reasonable non-opioid alternative, or if a patient is admitted to a health care facility, ensure that inpatient standards of informed consent are applied.

(b) A licensee who has complied with (a) of this section and prescribes a controlled substance shall

(1) document and maintain, in the patient's medical record, accurate and complete records of all history, physical, and other examinations and evaluations, consultations, laboratory and diagnostic reports, treatment plans and objectives, controlled substance and other medication therapy, informed consents, periodic assessments, and reviews;

(2) maintain complete records of each controlled substance that the licensee prescribes, orders, or administers; the records shall clearly identify the controlled substance, the patient, the date of prescription, and the amount prescribed;

(3) make records required by this section available for examination, inspection, or copying, not later than 10 days after a request by the board or its designee.

History

Authority: AS 08.72.050; AS 08.72.276 AS 08.72.272; AS 08.72.278
Eff. 4/17/2019, Register 230

12 AAC 48.360 Registration with the prescription drug monitoring program controlled substance prescription database

A licensed optometrist who has a federal Drug Enforcement Administration registration number must register with the prescription drug monitoring program (PDMP) controlled substance prescription database under AS 17.30.200.

History

Authority: AS 08.72.050; AS 08.72.272 AS 08.72.060; AS 17.30.200
Eff. 2/21/2019, Register 229

12 AAC 48.370 Telehealth

(a) A person in or outside the state may not practice, attempt to practice, or offer to practice optometry in the state through telehealth without first obtaining a license from the board.

(b) An optometrist conducting a patient visit through telehealth

(1) shall, before treating the patient, establish an optometrist-patient relationship verbally, in writing, or by conducting an in-person exam;

(2) shall verify the patient's identity;

(3) shall maintain confidentiality of patient records as required by state and federal law;

(4) shall provide patient services through telehealth at the same quality as would be provided in person; if a patient service through telehealth cannot be provided at the same quality as it would be in person, the optometrist shall advise the patient in accordance with AS 08.02.130(c);

(5) shall make or identify a diagnosis at the time of the patient visit;

(6) may not determine an ophthalmic prescription used to correct a refractive error based solely on an examination conducted through telehealth;

(7) shall provide complete patient records of a patient visit conducted through telehealth in a timely manner in accordance with state and federal law.

History

Authority: AS 08.02.130; AS 08.72.110 AS 08.72.050; AS 08.72.278
Eff. 11/15/2023, Register 248

Article 4 General Provisions

12 AAC 48.900 Reinstatement of a lapsed license

(a) If a license lapses for any reason, the lapsed license holder is prohibited under AS 08.72.110 from the practice of optometry in Alaska until the license is reinstated by the board.

(b) A license that has been lapsed for less than two years will be reinstated by the board upon submission of

(1) the required fee established in 12 AAC 02.300; and

(2) evidence that all continuing education requirements of 12 AAC 48.200 - 12 AAC 48.220 have been met.

(c) A license that has been lapsed for two years but less than five years will, in the board's discretion, be reinstated, if the applicant submits

(1) a new, completed application as required by 12 AAC 48.011;

(2) the required fee established in 12 AAC 02.300 for the entire period the license has been lapsed;

(3) evidence of completion of all continuing education requirements in 12 AAC 48.200 - 12 AAC 48.220 that would have been required to maintain a current license for the entire period the license has been lapsed;

(4) a statement of the dates and places of employment after the license lapsed;

(5) verification of all optometry licenses held in other states, if any, for the entire period the Alaska license has been lapsed, and a signed statement from a licensing official from each of those states which verifies that no restrictions have been placed on the license and that no disciplinary sanctions have been taken against the licensee; and

(6) repealed 11/15/2023.

(d) In accordance with AS 08.01.100(d), a license that has been lapsed for five years or more is considered permanently lapsed, and the former licensee must apply for a new license under AS 08.72 and this chapter.

History

Authority: AS 08.01.100; AS 08.72.050; AS 08.72.181
Eff. 2/10/83, Register 85; am 2/26/89, Register 109; am 4/11/2008, Register 186; am 8/7/2021, Register 239; am 11/15/2023, Register 248

12 AAC 48.905 Reinstatement of a lapsed license endorsement

Repealed.

History

Eff. 10/25/98, Register 148; am 10/14/99, Register 152; am 12/31/2005, Register 176; am 4/11/2008, Register 186; repealed 10/16/2011, Register 200

12 AAC 48.910 Display of certificate

A licensee's registration and renewal certificate must be displayed in the office in which the holder practices optometry. Every licensee, whenever requested, shall exhibit the certificate to a member of the board or an employee of the department and shall notify the department and the board of his or her address and changes of his or her address within five days after any change.

History

Authority: AS 08.72.050(4)

12 AAC 48.920 Prescription requirements

(a) As used in AS 08.72 and this chapter, "prescription" means a written formula by a person licensed under AS 08.72 that contains the issue date of the prescription, the name and office location, and contact information of the prescriber, the name of the patient, and, for

(1) eyeglasses, the

(A) dioptric power of spheres, cylinders, and prisms;

(B) axis of cylinders and position of prism base;

(D) expiration date;

(2) contact lenses, the

(A) base curve or appropriate designation;

(B) diameter when appropriate;

(D) manufacturer;

(E) lens brand;

(F) material, if applicable;

(G) center thickness, if applicable; and

(H) expiration date;

(3) repealed 8/7/2021.

(b) The expiration date under (a)(2) of this section may not be less than one year from the issue date of the prescription, unless the prescriber determines the ocular health of the patient requires an expiration date of less than one year.

History

Authority: AS 08.72.050
Eff. 3/12/86, Register 97; am 10/11/95, Register 136; am 12/31/2005, Register 176; am 8/7/2021, Register 239

12 AAC 48.990 Definitions

(a) In this chapter,

(1) "ophthalmic prosthetic products" means a device used for or incident to correction of a visual anomaly including eye glasses, lenses, contact lenses, frames, or any component of them;

(2) "board" means the Alaska Board of Examiners in Optometry;

(3) "contact hour" means a minimum of 50 minutes of instruction;

(4) "department" means the Department of Commerce, Community, and Economic Development;

(5) deleted 11/9/2006.

(b) Repealed 8/7/2021.

History

Authority: AS 08.72.050

12 AAC 48.1100 Board of Examiners in Optometry

Repealed 4/24/71.

12 AAC 48.1121 Board of Examiners in Optometry

Repealed 4/24/71.

Chapter 50 Mortuary Science

12 AAC 50.100 Qualifications for sponsors for apprenticeship trainees

(a) The department will approve an embalmer or funeral director, who is licensed in this state, to be a sponsor to provide direct supervision to an apprenticeship trainee for the purposes of meeting AS 08.42.085, if the embalmer or funeral director submits on forms provided by the department:

(1) verification of an active license to practice in this state in the field for which the trainee is seeking licensure;

(2) a statement that the supervision will occur under the direct supervision of the sponsor in the same funeral establishment that the sponsor is working in; to be eligible under this paragraph, the funeral establishment must have a current permit under AS 08.42.100;

(3) an attestation that the embalmer or funeral director is able to provide a work environment that will provide the trainee with the skills and proficiency required to be licensed as an embalmer or a funeral director.

(b) A sponsor who is licensed in this state as an embalmer and a funeral director may sponsor a trainee for either profession; however, a sponsor may not supervise more than one trainee at a time.

(c) A trainee may serve the apprenticeship training under more than one licensed funeral director or embalmer; however, each supervisory relationship must be approved under this section by the department before training begins under the new sponsor.

History

Authority: AS 08.42.010; AS 08.42.050; AS 08.42.085
Eff. 12/2/99, Register 152; am 8/6/2006, Register 179; am 4/18/2025, Register 254

12 AAC 50.200 Apprenticeship training

(a) Apprenticeship training must be provided by a sponsor approved under 12 AAC 50.100.

(b) A funeral director trainee shall document at least one year of apprenticeship training that was supervised by a sponsor that meets the requirements of 12 AAC 50.100 and includes experience in the following areas:

(1) assisting or participating in the preparation of at least 24 funerals, including all necessary documentation required by law;

(2) assisting in the arrangement of a selection room, including buying, pricing, and providing a description of each casket.

(c) An embalmer trainee shall document at least one year of apprenticeship training that was supervised by a sponsor that meets the requirements of 12 AAC 50.100 and includes experience in the following areas:

(1) assisting the preparation and embalming for at least 24 deceased human bodies, including cosmetic application, dressing, and casket preparation;

(2) making removals of human bodies.

(d) Each embalmer and funeral director trainee shall submit case reports on forms provided by the department, for each of the 24 funerals or embalming required in (b) or (c) of this section. Unless the department finds good cause to grant an extension under this subsection, six case reports shall be submitted every three months and shall be signed by the trainee and the sponsor. If a trainee is unable to complete six case reports in a three month period, the trainee shall submit the case reports that were completed and a written request for an extension explaining why the trainee was unable to complete all six cases within the time period specified under this section. The department will grant the request for an extension if it finds good cause outside of the control of the trainee.

(e) An apprenticeship must consist of training of a minimum of 30 hours per week, excluding up to 30 days of leave time per year for the trainee.

(f) Apprenticeship training as a funeral director or embalmer may be earned concurrently. If the training is not completed within one year, the trainee may apply for renewal of the permit for one year under AS 08.42.085(c).

(g) Upon completion of the apprenticeship training, the sponsor shall complete an affidavit on a form provided by the department, stating that the trainee has satisfactorily completed the apprenticeship requirements of AS 08.42 and this chapter under the sponsor's direct supervision. If the apprenticeship training is terminated before completion of the apprenticeship, the sponsor shall complete an affidavit on a form provided by the department, stating what requirements of AS 08.42 and this chapter that the trainee completed under the sponsor's direct supervision.

History

Authority: AS 08.42.010; AS 08.42.085
Eff. 12/2/99, Register 152

12 AAC 50.300 Permit for disposal

The department will issue or renew a permit for the disposal of human remains of compensation by a person not licensed under AS 08.42 if the remains have been cremated and the applicant submits

(1) a complete, notarized application for a permit on a form provided by the department;

(2) the biennial permit fee under 12 AAC 02.260; and

(3) a statement detailing the location and method of disposal, and that the disposal will comply with AS 08.42 and this chapter.

History

Authority: AS 08.42.010; AS 08.42.020
Eff. 12/2/99, Register 152

12 AAC 50.400 Supervision of trainees

(a) During an embalmer trainee's first six months of apprenticeship training, the sponsor for the trainee shall be present and providing direct supervision during the entire embalming process. For the remainder of the apprenticeship training, the sponsor shall be present for the beginning of each embalming and available for consultation during or after the procedure.

(b) During a funeral director trainee's first six months of apprenticeship training, the sponsor shall be present and providing direct supervision during each entire arrangement conference and funeral. For the remainder of the apprenticeship training, the sponsor shall be present for the beginning of each arrangement conference and funeral and available for consultation during or after the event.

History

Authority: AS 08.42.010; AS 08.42.050; AS 08.42.085
Eff. 12/2/99, Register 152

Chapter 52 Board of Pharmacy

Article 1 Licensing, Registration, and Permit Requirements

12 AAC 52.010 Classifications of licensure

Repealed.

History

Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 2/15/2006, Register 177; am 10/31/2019, Register 232; am 7/15/2023, Register 247; repealed 1/19/2024, Register 249

12 AAC 52.020 Pharmacy license

(a) An applicant for a pharmacy license shall submit the items required in (b) of this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualifications for licensure must be reviewed and approved by the board.

(b) An applicant for a pharmacy license shall submit

(1) a complete notarized application on a form provided by the department that includes

(A) the ownership name and Alaska corporate entity number;

(B) the pharmacy's "doing business as" name, if applicable;

(D) a mailing address and telephone number;

(E) the names of all partners or corporate officers;

(F) the name, active Alaska license number, and contact information for the pharmacist-in-charge;

(G) the names and active pharmacist license numbers in the current jurisdiction of all pharmacists employed by the pharmacy; and

(H) completion of the professional fitness section of the application;

(2) the applicable fees established in 12 AAC 02.310;

(3) an attestation that not later than 14 days after the start of business, a self-inspection will be completed on a form provided by the department; the self-inspection must be retained, and available upon request, for the duration of the licensing period in which it was completed;

(4) the name of the pharmacy or pharmacist that will provide consultant pharmacist services as required under AS 08.80.390, if applicable;

(5) for a pharmacy that is located outside of the state,

(A) a copy of the active pharmacy license in good standing from the jurisdiction where the pharmacy is physically located; and

(B) an attestation that an inspection of the premises by a third party was completed within the last two years.

(d) An application for a pharmacy license must include the name and specific location of each remote pharmacy that will be under that pharmacy's control, if applicable.

(e) Repealed 1/19/2024.

(f) A pharmacy that has changed its name, ownership, or physical address shall notify the board in writing not later than 30 days after the change. A notification of a change of physical address must include an attestation that a new self-inspection will be completed not later than 30 days after the start of business in the new location.

(g) Repealed 1/19/2024.

(h) An Internet-based pharmacy providing services within the meaning of the "practice of pharmacy" under AS 08.80.480 to residents in this state must obtain a license under this section.

(i) To convert an existing out-of-state pharmacy registration previously registered under AS 08.80.158, as that statute existed on November 25, 2023, and 12 AAC 52.130 to an out-of-state pharmacy license under AS 08.80.030 and this section, the pharmacy shall submit an out-of-state pharmacy renewal application meeting the requirements of 12 AAC 52.300.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.270 AS 08.80.030; AS 08.80.159; AS 08.80.330
Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 2/11/2004, Register 169; am 2/15/2006, Register 177; am 1/17/2007, Register 181; am 12/28/2022, Register 244; am 7/15/2023, Register 247; am 1/19/2024, Register 249

12 AAC 52.030 Change of pharmacy location or name

Repealed.

History

Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 2/11/2004, Register 169; am 1/17/2007, Register 181; repealed 12/28/2022, Register 244

12 AAC 52.040 Change of pharmacy ownership

Repealed.

History

Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 2/11/2004, Register 169; am 1/17/2007, Register 181; repealed 12/28/2022, Register 244

12 AAC 52.050 Closed pharmacies

(a) When a pharmacy ceases operations, the pharmacist-in-charge of that pharmacy shall

(1) submit written notice to the board of the cessation of pharmacy operations on a form provided by the department; the form must be submitted within 10 days after the cessation of operations and include

(A) the date the pharmacy ceased operations;

(B) a statement signed by the pharmacist-in-charge attesting that an inventory of all controlled substances on hand has been conducted; and

(C) a statement signed by the pharmacist-in-charge attesting to the manner of disposition for all prescription drugs possessed by the pharmacy;

(2) arrange for continuous patient care, including the transfer of prescription drug orders or computer prescription records to another pharmacy; and

(3) provide for the maintenance and availability of prescription drug orders or hard copies of computer prescription records in accordance with 12 AAC 52.450(a) that are not transferred to another pharmacy;

(4) repealed 1/17/2007.

(b) In the absence of a pharmacist-in-charge, the owner of the pharmacy shall meet all requirements of this section.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.330
Eff. 1/16/98, Register 145; am 1/17/2007, Register 181; am 10/31/2019, Register 232; am 5/19/2024, Register 250

12 AAC 52.060 Fire or other disaster

(a) If a pharmacy has a fire or other disaster, the pharmacist-in-charge of the pharmacy shall

(1) within 10 days, report to the board the date of a fire or any disaster that may affect the strength, purity, or labeling of drugs, devices, or other materials used in the practice of the pharmacy;

(2) provide the board with a copy of a completed DEA Form 106, "Report of Theft or Loss of Controlled Substances," reporting the loss or destruction of controlled substances or DEA order forms; if the extent of the loss of controlled substances cannot be determined, the pharmacist-in-charge shall submit to the board a complete inventory of all remaining controlled substances and a statement, signed by the pharmacist-in-charge, attesting to the accuracy of the inventory; and

(3) notify the board in writing within 10 days after any change in the pharmacy's address, including a move to a temporary location or a return to the pharmacy's permanent location.

(b) If a pharmacy maintains a temporary location for more than 90 days, the pharmacist-in-charge of the pharmacy shall apply for a new and separate pharmacy license as required in 12 AAC 52.020(f).

(c) A pharmacy may not dispense any drug that has been exposed to excessive heat, smoke, or other conditions that may have caused deterioration.

(d) In this section, "other disaster" includes a disaster situation that causes a pharmacy to need to move to a temporary location, temporarily close, or results in damage to the pharmacy's drug or device inventory.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.330
Eff. 1/16/98, Register 145; am 4/3/2020, Register 234; am 8/30/2020, Register 235; am 12/28/2022, Register 244; am 5/19/2024, Register 250

12 AAC 52.070 Application for pharmacist license by examination

(a) An applicant for a pharmacist license by examination shall submit the items required in this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualification for licensure must be reviewed and approved by the board.

(b) An applicant for licensure under this section shall submit to the department

(1) a complete, notarized application on a form provided by the department; the application must include a statement from the applicant attesting to the applicant's fluency in reading, writing, and speaking the English language;

(2) the applicable fees established in 12 AAC 02.310;

(3) repealed 1/19/2024;

(4) a signed attestation that the applicant has completed the internship hours with an accredited pharmacy, for a duration that is nationally recognized;

(5) verification that the applicant bas passed the examination required under 12 AAC 52.090, sent directly to the department by the National Association of Boards of Pharmacy;

(6) verification, sent directly to the department by the National Association of Boards of Pharmacy, that a foreign pharmacy graduate received the Foreign Pharmacy Graduate Examination Committee certificate, if applicable.

History

Authority: AS 08.80.005; AS 08.80.110; AS 08.80.270 AS 08.80.030; AS 08.80.116
Eff. 1/16/98, Register 145; am 2/15/2006, Register 177; am 7/1/2007, Register 182; am 10/31/2019, Register 232; am 12/28/2022, Register 244; am 1/19/2024, Register 249; am 5/19/2024, Register 250

12 AAC 52.075 Good moral character

Repealed.

History

Eff. 1/16/98, Register 145; am 1/17/2007, Register 181; repealed 1/19/2024, Register 249

12 AAC 52.080 Internship requirements for a pharmacist license

Repealed.

History

Eff. 1/16/98, Register 145; am 11/10/2001, Register 160; am 2/15/2006, Register 177; am 4/16/2016, Register 218; repealed 12/28/2022, Register 244

12 AAC 52.090 Examination requirements and registration

(a) An applicant for a pharmacist license shall pass the North American Pharmacy licensing examination (NAPLEX), administered by the National Association of Boards of Pharmacy, with a NAPLEX scaled score of 75 or higher.

(b) Repealed 5/19/2024.

(c) An applicant for a pharmacist license who has passed the NAPLEX examination in another licensing jurisdiction shall make arrangements for the National Association of Boards of Pharmacy to send verification of the applicant's examination score directly to the department.

(d) An applicant for licensure by examination shall submit an application under 12 AAC 52.070 and be determined to be eligible under 12 AAC 52.092 before the applicant may sit for examination under this section.

(e) Repealed 5/19/2024.

(f) Repealed 5/19/2024.

(g) An applicant applying for a pharmacist license by examination shall submit an application within one year of successfully passing the NAPLEX. If it has been more than one year since the applicant passed the NAPLEX, the applicant shall

(1) retake the NAPLEX in accordance with this section; or

(2) apply for a pharmacist license under AS 08.80.145.

History

Authority: AS 08.01.065; AS 08.80.110; AS 08.80.160 AS 08.80.005; AS 08.80.120 AS 08.80.030; AS 08.80.150
Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 5/5/2000, Register 154; am 8/21/2002, Register 163; am 5/15/2004, Register 170; am 7/1/2007, Register 182; am 8/12/2007, Register 183; am 5/19/2024, Register 250

12 AAC 52.092 Eligibility to sit for examination

An applicant for licensure by examination who has submitted documents that meet the requirements set out under 12 AAC 52.070 will be referred by the board to the National Association of Boards of Pharmacy to determine eligibility to sit for the North American Pharmacy Licensing Examination (NAPLEX) required under 12 AAC 52.090.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.110
Eff. 7/1/2007, Register 182; am 12/28/2022, Register 244; am 5/19/2024, Register 250

12 AAC 52.095 Application for pharmacist license by reciprocity

(a) An applicant for a pharmacist license by reciprocity shall submit the items required in this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualifications for licensure must be reviewed and approved by the board. An applicant for a pharmacist license shall submit

(1) a complete notarized application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.310;

(3) an application for license transfer through the National Association of Boards of Pharmacy; the license by which the applicant is seeking reciprocity from must be current, unencumbered, and in good standing; and

(4) verification that the applicant has engaged in the practice of pharmacy for at least one year immediately before applying for a license.

(b) An applicant for licensure under this section who has not taken the Alaska pharmacy jurisprudence examination set out under 12 AAC 52.098 will receive the examination from the department once the applicant has submitted the documents required under (a)(1) - (4) of this section. The applicant is required to pass the examination to be eligible for licensure by reciprocity under this section.

(c) Experience gained during rotation requirements at an accredited institution will be accepted by the board to satisfy AS 08.80.145(5).

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.145
Eff. 7/1/2007, Register 182; am 10/31/2019, Register 232; am 12/28/2022, Register 244; am 1/19/2024, Register 249; am 5/19/2024, Register 250

12 AAC 52.098 Alaska pharmacy jurisprudence examination

The department will submit the Alaska pharmacy jurisprudence examination to an applicant for licensure by reciprocity who has submitted documents that meet the requirements set out under 12 AAC 52.095. The Alaska pharmacy jurisprudence examination is prepared by the board and covers the provisions of AS 08.80, AS 17.30.200, and 12 AAC 52, relating to the practice of pharmacy.

History

Authority: AS 08.80.005; AS 08.80.110; AS 08.80.145 AS 08.80.030; AS 08.80.120
Eff. 5/19/2024, Register 250

12 AAC 52.100 Temporary pharmacist license

(a) The board will issue a temporary pharmacist license to an applicant for licensure if the applicant

(1) submits a completed application for licensure;

(2) provides certified evidence of meeting the requirements in AS 08.80.110, AS 08.80.145, and this chapter;

(3) repealed 2/26/2000;

(4) provides for the National Association of Boards of Pharmacy (NABP) to notify the board that the applicant has submitted a preliminary application to NABP for license transfer;

(5) pays the application fee, pharmacist license fee, and temporary license fee required in 12 AAC 02.310;

(6) passes the Alaska pharmacy jurisprudence examination with a scaled score of 75 or above;

(7) has not been convicted of a felony or another crime that affects the applicant's ability to practice pharmacy competently and safely; and

(8) submits a verification of a current license in good standing to practice in another state or other jurisdiction with licensing requirements at least equivalent to those of this state.

(b) An applicant whose application for permanent licensure as a pharmacist has been denied by the board is not eligible to receive a temporary license.

(c) A temporary license is valid for 90 days. For good cause shown to the board's satisfaction, the board will extend the temporary license for an additional period not to exceed 60 days.

(d) A temporary license is not renewable.

(e) An individual may not receive more than one temporary license.

History

Authority: AS 08.80.005; AS 08.80.145; AS 08.80.155 AS 08.80.030; AS 08.80.150
Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 11/10/2001, Register 160; am 1/17/2007, Register 181; am 8/12/2007, Register 183; am 4/16/2016, Register 218

12 AAC 52.105 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States who meets the requirements of AS 08.01.063 and this section to practice as a pharmacist, pharmacy intern, or pharmacy technician not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a completed application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit verification on a form provided by the department that the applicant is currently licensed in another licensing jurisdiction and the applicant's license in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements; and

(5) may not have been convicted of a felony or another crime that affects the applicant's ability to practice as a pharmacist, pharmacy intern, or pharmacy technician competently and safely, as determined by the board.

(d) For an applicant applying for licensure under this section as a pharmacy technician, the board will accept

(1) any training completed while in the United States armed forces to work as a pharmacy technician, or

(2) any pharmacy technician license issued by another jurisdiction.

(f) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.80.261.

History

Authority: AS 08.01.062; AS 08.80.005; AS 08.80.150 AS 08.01.063; AS 08.80.030; AS 08.80.261
Eff. 7/7/2022, Register 243

12 AAC 52.110 Emergency permit to practice as a pharmacist, pharmacy intern, or pharmacy technician

(a) If the board has identified an urgent situation, as defined under (j) of this section, the board may issue an emergency permit to an applicant who meets the requirements of this section to practice as pharmacist, pharmacy intern, or pharmacy technician if the applicant

(1) submits a completed application on a form provided by the department;

(2) pays the emergency permit fee required in 12 AAC 02.310;

(3) confirms on a form provided by the department that the applicant holds a license in another licensing jurisdiction and the applicant's license in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain mandatory continuing education requirements;

(4) repealed 10/31/2019; and

(5) has not been convicted of a felony or another crime that affects the applicant's ability to practice pharmacy competently and safely.

(b) An emergency permit is nonrenewable, and is valid for 120 consecutive days or until the urgent situation is determined by the board to no longer exist, whichever is sooner.

(d) Repealed 7/7/2022.

(e) Repealed 7/7/2022.

(f) Repealed 7/7/2022.

(g) The board will not issue, and an emergency permit holder may not use, an emergency permit as a substitute for a temporary license or other license required under AS 08.80.

(h) While practicing under an emergency permit, the holder of the emergency courtesy license must comply with the standards of practice set out in AS 08.80 and this chapter.

(i) The board may refuse to issue an emergency permit for the same reasons that it may deny, suspend, or revoke a license under AS 08.80.261.

(j) In this section, ''urgent situation'' means a health crisis requiring an increased availability of pharmacists, pharmacy interns, or pharmacy technicians.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.155
Eff. 1/16/98, Register 145; am 1/17/2007, Register 181; am 8/12/2007, Register 183; am 10/31/2019, Register 232; am 11/19/2020, Register 236; am 7/7/2022, Register 243

12 AAC 52.120 Review of pharmacist intern license application

(a) An applicant shall submit the items required in (b) of this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualifications for licensure must be reviewed and approved by the board.

(b) A pharmacist intern license will be issued to an applicant who

(1) submits a complete, notarized application on a form provided by the department;

(2) pays the applicable fees established in 12 AAC 02.310;

(3) is

(A) presently enrolled in a college of pharmacy accredited by the ACPE and is satisfactorily progressing toward meeting the requirements for licensure as a pharmacist;

(B) a graduate of an accredited professional degree program from a school or college of pharmacy within one year preceding the date of application; or

(C) a graduate of a college of pharmacy recognized by the Foreign Pharmacy Graduate Examination Committee of the National Association of Boards of Pharmacy; and

(4) certifies that the applicant has not been convicted of a felony or other crime that affects the applicant's ability to practice as a pharmacy intern competently and safely.

(d) An individual must be licensed as a pharmacist intern before beginning an internship in the state.

(e) A pharmacist intern license supersedes a pharmacy technician license.

(f) The board will not renew a pharmacist intern license. An applicant who wishes to continue an internship in the state after the license has expired must apply for a new pharmacist intern license in accordance with this section.

(g) A pharmacy technician who obtains a pharmacist intern license under this section may submit a request to the board in writing to voluntarily expire the pharmacy technician license. A voluntary expiration of pharmacy technician licensure is considered a non-disciplinary relinquishment of the ability to practice under that license.

History

Authority: AS 08.80.005; AS 08.80.110 AS 08.80.030; AS 08.80.116
Eff. 1/16/98, Register 145; am 2/11/2004, Register 169; am 2/15/2006, Register 177; am 1/17/2007, Register 181; am 11/16/2012, Register 204; am 7/9/2017, Register 223; am 6/29/2018, Register 226; am 10/31/2019, Register 232; am 12/28/2022, Register 244; am 7/15/2023, Register 247; am 1/19/2024, Register 249

12 AAC 52.130 Registration of pharmacies located outside of the state

Repealed.

History

Eff. 1/16/98, Register 145; am 6/2/2004, Register 170; am 2/15/2006, Register 177; am 6/29/2018, Register 226; am 12/28/2022, Register 244; repealed 1/19/2024, Register 249

12 AAC 52.140 Pharmacy technician license

(a) An applicant who meets the requirements on the checklist set out in (b) of this section has demonstrated the necessary qualifications for a pharmacy technician license. An applicant who does not meet the requirements on the checklist or whose responses on the form for application do not clearly show that the applicant is qualified to receive a pharmacy technician license will not be issued a license unless the board reviews the application and determines that the applicant meets the qualifications in this section for a pharmacy technician license.

(b) A pharmacy technician license will be issued to an applicant who

(1) submits a completed form for application, including

(A) the applicant's name, mailing address, and telephone number; and

(B) the applicant's date of birth that shows the applicant is at least 18 years of age, or at least 16 years of age and enrolled in a supervised high school, college, or apprenticeship pharmacy technician training program;

(2) certifies that the applicant has not been convicted of a felony or another crime that affects the applicant's ability to perform the duties of a pharmacy technician safely and competently;

(3) certifies that the applicant has earned a high school diploma or its equivalent and provides the name of the issuing institution and the date the diploma or its equivalent was issued, or is enrolled in a supervised high school, college, or apprenticeship pharmacy technician training program;

(4) certifies that the applicant is fluent in the reading, writing, and speaking of the English language; and

(5) pays the applicable fees established in 12 AAC 02.310.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145; am 2/15/2006, Register 177; am 1/17/2007, Register 181; am 7/7/2022, Register 243; am 12/28/2022, Register 244; am 1/19/2024, Register 249

12 AAC 52.150 Proof of licensure for individual pharmacists working for tribal health programs

Repealed.

History

Eff. 10/31/2019, Register 232; repealed 5/19/2024, Register 250

Article 2 Personnel

12 AAC 52.200 Pharmacist-in-charge

(a) The responsibilities of the pharmacist-in-charge include

(1) obtaining an Alaska pharmacist license before the facility's licensure in the state;

(2) compliance with all laws and regulations governing the activities of the pharmacy;

(3) training of all pharmacy personnel;

(4) ensuring adequate policies and procedures are in place for pharmacy operations;

(5) maintaining required records;

(6) storage of all materials, including drugs and chemicals;

(7) ensuring effective controls against theft or diversion of prescription drugs; and

(8) maintaining an active pharmacist license in the jurisdiction where the facility is physically located.

(b) A pharmacist designated to replace the pharmacist-in-charge of a licensed pharmacy shall notify the board not later than 30 days after that designation. A pharmacist who is not already licensed in the state shall apply for a pharmacist license not later than 30 days after the designation to replace the pharmacist-in-charge.

(c) Notwithstanding 12 AAC 52.425(a), a pharmacist may not serve as a pharmacist-in-charge unless the pharmacist is physically present in the pharmacy for a sufficient amount of time to provide supervision and control.

(d) A pharmacist may not serve as pharmacist-in-charge for more than one pharmacy at any one time except upon obtaining written permission from the board.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.330 AS 08.80.030; AS 08.80.160
Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 2/15/2006, Register 177; am 6/29/2018, Register 226; am 12/28/2022, Register 244; am 7/15/2023, Register 247; am 1/19/2024, Register 249

12 AAC 52.205 General standards of pharmacy practice

(a) To determine whether a specific act is within the scope of pharmacy practice in or into the state, or whether an act can be delegated to other individuals under a licensee's supervision, the licensee must independently determine whether the act is

(1) expressly prohibited by

(A) this chapter; or

(B) any applicable state or federal laws;

(2) consistent with the licensee's education, training, and experience; and

(3) within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent licensee with similar education, training, and experience.

(b) The pharmacist-in-charge shall make necessary changes or improvements to ensure patient safety and employee wellness in a pharmacy, as part of a continuous quality improvement program for pharmacy services.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/19/2024, Register 249

12 AAC 52.210 Pharmacist duties

Except as provided in 12 AAC 52.220 and 12 AAC 52.235, the following duties may be performed only by a pharmacist:

(1) receiving an oral prescription drug order from a practitioner or authorized agent of a practitioner;

(2) consulting with a prescriber regarding a patient or prescription;

(3) interpreting a prescription drug order;

(4) determining the product required for a prescription;

(5) interpreting data in a patient medication record system;

(6) assuming the responsibility for a filled prescription;

(7) consulting with a patient or a patient's agent regarding a prescription or information contained in the patient medication record system; and

(8) administering a prescription drug order in accordance with the practitioner's order.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.330
Eff. 1/16/98, Register 145; am 7/9/2017, Register 223; am 4/3/2020, Register 234; am 8/30/2020, Register 235

12 AAC 52.220 Pharmacist interns

(a) A pharmacist intern may not represent that the pharmacist intern is a pharmacist. Only a person licensed by the board as a pharmacist intern may take, use, or exhibit the title of pharmacist intern or any other similar term.

(b) Except as provided in (c) of this section, a pharmacist intern may perform any duty of a pharmacist or pharmacy technician under the direct supervision of a pharmacist.

(c) A pharmacist intern may not sign or initial any document that is required to be signed or initialed by a pharmacist unless the supervising pharmacist also signs or initials the document.

(d) Repealed 7/15/2023.

(e) A pharmacist supervising a pharmacist intern

(1) must be licensed as a pharmacist and be in good standing with the board;

(2) shall provide direct supervision to an intern during professional activities throughout the entire period of the internship;

(3) repealed 4/3/2020;

(4) is responsible for the work of the pharmacist intern; and

(5) may supervise more than one pharmacist intern; more than one pharmacist intern may not dispense simultaneously under the direct supervision of the same supervising pharmacist.

History

Authority: AS 08.80.005; AS 08.80.110; AS 08.80.410 AS 08.80.030; AS 08.80.116
Eff. 1/16/98, Register 145; am 1/17/2007, Register 181; am 10/31/2019, Register 232; am 4/3/2020, Register 234; am 7/15/2023, Register 247

12 AAC 52.230 Pharmacy technicians

(a) An individual who assists in performing functions included in the definition of the practice of pharmacy must be licensed as a pharmacy technician.

(b) Before an individual may perform the tasks of a pharmacy technician, or functions in accordance with 12 AAC 52.235, the individual shall complete training required by the pharmacist-in-charge. Duties performed must be consistent with the training received.

(c) Persons whose responsibilities are purely administrative, including bookkeepers, accountants, administrative staff and persons who transport or deliver completed prescriptions to a patient or patient's agent are not required to obtain a pharmacy technician license.

History

Authority: AS 08.80.030; AS 08.80.480
Eff. 1/16/98, Register 145; am 4/4/2002, Register 162; am 1/23/2003, Register 165; am 4/3/2020, Register 234; am 8/30/2020, Register 235; am 12/28/2022, Register 244

12 AAC 52.235 Pharmacy technician with national certification

(a) A pharmacy technician who holds a national certification may, at the discretion of the pharmacist on duty and under the direct supervision of that pharmacist,

(1) perform a final check of and distribute a non-controlled substance prescription if

(A) the prescription drug order has previously undergone a drug regimen review by a pharmacist, including determination of substitution;

(B) the pharmacy uses a bar code scanning and verification system that confirms that the drug selected to fill the prescription is the same as indicated on the prescription label;

(C) the pharmacy uses software that displays the image or graphical description of the correct drug being verified, or the institutional facility uses software that performs and verifies a barcode scan before administration; and

(D) each prescription distributed is electronically verified and the date and quantity distributed is documented in the patient record;

(2) transfer a non-controlled substance prescription drug order as described in 12 AAC 52.500;

(3) clarify or obtain missing information from the practitioner or the practitioner's authorized agent on a non-controlled substance prescription drug order; or

(4) administer a vaccine or related emergency medication in accordance with 12 AAC 52.992.

(b) Prescription drug order information clarifications under (a)(3) of this section must have the following information documented on the prescription drug order:

(1) the result of the clarification;

(2) the initials of the pharmacy technician who holds a national certification;

(3) the name of the practitioner or authorized agent that the pharmacy technician spoke to; and

(4) the date of the call.

(c) A pharmacy technician who holds a national certification may not sign or initial any document that is required to be signed or initialed by a pharmacist.

(d) In this section, "bar code scanning and verification system" means any technology that scans the bar code on a manufacturer drug container to ensure that the product being distributed matches the expectation of what was prescribed and inputted into the dispensing software.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.168
Eff. 4/3/2020, Register 234; am 8/30/2020, Register 235; am 5/19/2023, Register 246; am 9/28/2024, Register 251

12 AAC 52.240 Pharmacist collaborative practice authority

(a) A pharmacist planning to exercise collaborative practice authority in the pharmacist's practice by initiating or modifying drug therapy, in accordance with a written protocol established and approved for the pharmacist's practice by a practitioner authorized to prescribe drugs under AS 08, must submit the completed written protocol to the board.

(b) A written protocol must include

(1) an agreement in which practitioners authorized to prescribe legend drugs in this state authorize pharmacists licensed in this state to administer or dispense in accordance with that written protocol;

(2) a statement identifying the practitioners authorized to prescribe and the pharmacists who are party to the agreement;

(3) the time period during which the written protocol will be in effect, not to exceed two years;

(4) the types of collaborative authority decisions that the pharmacists are authorized to make, including

(A) types of diseases, drugs, or drug categories involved and the type of collaborative authority authorized in each case; and

(B) procedures, decision criteria, or plans the pharmacists are to follow when making therapeutic decisions, particularly when modification or initiation of drug therapy is involved;

(5) activities the pharmacists are to follow in the course of exercising collaborative authority, including documentation of decisions made, and a plan for communication and feedback to the authorizing practitioners concerning specific decisions made;

(6) a list of the specific types of patients eligible to receive services under the written protocol;

(7) a plan for the authorizing practitioners to review the decisions made by the pharmacists at least once every three months;

(8) a plan for providing the authorizing practitioners with each patient record created under the written protocol;

(9) repealed 1/19/2024; and

(10) an acknowledgement that the authorizing practitioner will not receive any compensation from a pharmacist or pharmacy as a result of the care or treatment of any patient under the agreement.

(c) To enter into a written protocol under this section, practitioners authorized to prescribe must be in active practice, and the authority granted must be within the scope of the practitioners' practice.

(d) Repealed 9/28/2024.

(e) Documentation related to the written protocol must be maintained for at least two years.

(f) An authorizing practitioner or a pharmacist may terminate the written protocol upon written notice. The pharmacist shall notify the board in writing not more than 30 days after a written protocol is terminated.

(g) Any modification to the written protocol must be submitted to the board as required by this section for a new written protocol.

(h) This section does not apply to participation, by a pharmacist practicing in an institutional facility in drug therapy protocols and guidelines approved by the institutional facility's pharmacy and therapeutics committee or by another medical staff governing body of that institutional facility, if records related to the drug therapy protocols and guidelines are maintained and made available to the board upon request.

(i) A signed copy of the protocols must remain at the pharmacy location at all times.

History

Authority: AS 08.80.030; AS 08.80.480
Eff. 11/10/2001, Register 160; am 2/11/2004, Register 169; am 11/16/2012, Register 204; am 10/31/2019, Register 232; am 1/19/2024, Register 249; am 9/28/2024, Register 251

12 AAC 52.245 Retired status pharmacist license

(a) Upon retiring from practice, an individual holding an unencumbered pharmacist license in the state that is not under investigation with the board may apply for the conversion of an active or inactive pharmacist license to a retired status pharmacist license.

(b) An individual holding a retired status pharmacist license may use the title "pharmacist-retired" but may not practice or indicate that the individual is practicing or soliciting to practice as a pharmacist in the state.

(c) A retired status pharmacist license is valid for the life of the holder, does not require renewal, and is exempt from continuing education requirements.

(d) The executive administrator or board will issue a retired status pharmacist license to an individual who meets the requirements of (a) of this section if the applicant

(1) submits a completed retired status application on a form provided by the department; and

(2) pays the retired status pharmacist license one-time fee set out under 12 AAC 02.310.

(e) An individual who holds a retired status pharmacist license may apply to change the license from retired status to active status by

(1) meeting the requirements of 12 AAC 52.310(b) if the license has been in retired status for less than two years;

(2) meeting the requirements of 12 AAC 52.3 10(c) if the license has been in retired status for more than two years but less than five years; or

(3) meeting the requirements of 12 AAC 52.070 if the license has been in retired status for more than five years.

History

Authority: AS 08.01.100; AS 08.80.030; AS 08.80.147
Eff. 1/19/2024, Register 249

12 AAC 52.250 Job shadowing in pharmacy

Repealed.

History

Eff. 1/29/2011, Register 197; repealed 7/15/2023, Register 247

Article 3 License Renewal and Continuing Education Requirements

12 AAC 52.300 License and registration renewal

(a) Pharmacy, remote pharmacy, wholesale drug distributor, outsourcing facility, third-party logistics provider, manufacturer, pharmacist, pharmacy technician, and drug room licenses must be renewed biennially on a date set by the department.

(b) An applicant for renewal of a pharmacy, wholesale drug distributor, outsourcing facility, third-party logistics provider, manufacturer, or drug room license must submit on or before the license expiration date

(1) a completed renewal application on a form provided by the department;

(2) the license renewal fees required in 12 AAC 02.310; and

(3) an attestation that a self-inspection of the premises using the form provided by the department was completed within the last two years or since the last time the license was initially issued; the applicant must retain the self-inspection and make it available to the board upon request for the duration of the licensing period in which it was completed.

(c) An applicant for renewal of a pharmacist or pharmacy technician license shall submit on or before the license expiration date

(1) a completed renewal application on a form provided by the department;

(2) the license renewal fees required in 12 AAC 02.310; and

(3) an attestation that the applicant has met all continuing education requirements of 12 AAC 52.320 - 12 AAC 52.350;

(4) repealed 4/3/2020.

(d) Repealed 7/15/2023.

(e) Repealed 7/15/2023.

(f) Repealed 7/15/2023.

History

Authority: AS 08.01.100; AS 08.80.030; AS 08.80.157 AS 08.80.005; AS 08.80.147; AS 08.80.165
Eff. 1/16/98, Register 145; am 2/26/2000, Register 153; am 5/5/2000, Register 154; am 5/26/2006, Register 178; am 4/3/2020, Register 234; am 8/30/2020, Register 235; am 7/7/2022, Register 243; am 7/15/2023, Register 247; am 1/19/2024, Register 249

12 AAC 52.310 Reinstatement of a lapsed pharmacist or pharmacy technician license

(a) If a pharmacist's or pharmacy technician's license has lapsed for any reason, that pharmacist or pharmacy technician may not practice pharmacy until the board reinstates the license.

(b) The board will reinstate a pharmacist or pharmacy technician license that has been lapsed less than two years if the applicant submits

(1) a completed renewal application;

(2) any applicable license renewal fees required under 12 AAC 02.310; and

(3) documentation that the applicant has completed all continuing education requirements under 12 AAC 52.320 - 12 AAC 52.350 within the immediate two years before applying for reinstatement.

(c) The board will reinstate a pharmacist license that has been lapsed more than two years but less than five years if the applicant

(1) submits a completed application for reinstatement on a form provided by the department;

(2) pays any applicable license renewal fees required under 12 AAC 02.310 for the entire period the license has been lapsed;

(3) submits documentation that the applicant has completed all continuing education requirements under 12 AAC 52.320 - 12 AAC 52.350 within the immediate two years before applying for reinstatement;

(4) qualifies by

(A) retaking and passing the examination required under 12 AAC 52.090(a); or

(B) providing verification that the applicant has continually practiced pharmacy in another state under a license issued by the authority of that state for the period that the license has been lapsed; for purposes of AS 08.80.147 and this subparagraph, an applicant has continually practiced pharmacy if the pharmacist has actively practiced pharmacy in the other state for at least six months during each year that the license in the state was lapsed; and

(5) submits a verification issued directly to the board by each licensing jurisdiction where the applicant holds, or has ever held, a license as a pharmacist during the time period in which the applicant's license was lapsed in the state that the applicant's license in the other jurisdiction was not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements.

(d) Repealed 8/1/2014.

(e) The board will not reinstate a pharmacy technician license that has been lapsed for two years or more.

(f) The board will not reinstate a pharmacist license that has been lapsed for five years or more.

History

Authority: AS 08.01.100; AS 08.80.030; AS 08.80.165 AS 08.80.005; AS 08.80.147
Eff. 1/16/98, Register 145; am 5/5/2000, Register 154; am 8/21/2002, Register 163; am 2/11/2004, Register 169; am 5/26/2006, Register 178; am 9/17/2011, Register 199; am 8/1/2014, Register 211; am 1/19/2024, Register 249; am 5/19/2024, Register 250

12 AAC 52.320 Continuing education requirements for pharmacists

(a) Except as provided in (c) of this section, an applicant for renewal of a pharmacist license shall certify having completed 30 contact hours of continuing education accepted by the board under 12 AAC 52.340(a) during the concluding license period.

(b) This section does not prevent the board from imposing additional continuing education requirements under its disciplinary powers.

(c) An individual who is applying for renewal of a pharmacist license for the first time shall certify having completed one half of the continuing education requirements in (a) of this section for each complete 12 month period that the applicant was licensed during the concluding license period.

(d) An applicant for reinstatement of a pharmacist license that has expired shall certify that the applicant completed the continuing education requirements in (a) of this section before applying for reinstatement.

(e) A pharmacist administering a vaccine or related emergency medication under 12 AAC 52.992 shall certify having completed one hour of Accreditation Council for Pharmacy Education (ACPE) approved continuing education specific to immunizations or vaccines as part of the 30 contact hours of continuing education required under (a) of this section.

History

Authority: AS 08.80.005; AS 08.80.147 AS 08.80.030; AS 08.80.165
Eff. 1/16/98, Register 145; am 5/5/2000, Register 154; am 7/9/2017, Register 223

12 AAC 52.325 Continuing education requirements for pharmacy technicians

(a) Except as provided in (c) of this section, an applicant for renewal of a pharmacy technician license shall certify that, during the concluding licensing period, the applicant

(1) completed 10 contact hours of continuing education accepted by the board under 12 AAC 52.340; or

(2) obtained initial certification as a pharmacy technician by the Pharmacy Technician Certification Board (PTCB).

(b) This section does not prevent the board from imposing additional continuing education requirements under its disciplinary powers.

(c) Instead of complying with the continuing education requirements in (a) of this section, an applicant for renewal of a pharmacy technician license for the first time may

(1) verify in an affidavit, on an application for renewal, that the applicant has read the state statutes and regulations compiled by the board; and

(2) submit an affidavit, signed by the pharmacist-in-charge, verifying the applicant's pharmacy technician training in accordance with 12 AAC 52.230.

(d) An applicant for reinstatement of a pharmacy technician license that has expired shall certify that the applicant completed the continuing education requirements in (a) of this section before applying for reinstatement.

(e) A pharmacy technician who holds a national certification, before administering a vaccine or related emergency medication under 12 AAC 52.992, shall certify having completed one hour of ACPE-approved continuing education specific to immunizations or vaccines as part of the 10 contact hours of continuing education required under (a) of this section.

History

Authority: AS 08.01.100; AS 08.80.030; AS 08.80.168 AS 08.80.005; AS 08.80.165
Eff. 5/5/2000, Register 154; am 1/18/2002, Register 161; am 1/17/2007, Register 181; am 5/19/2023, Register 246

12 AAC 52.330 Alternative continuing education schedule

An individual licensed under AS 08.80 may apply to the board for an alternative schedule of continuing education if the individual's failure to meet the continuing education requirements in 12 AAC 52.320 is due to illness or other extenuating circumstances.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.165
Eff. 1/16/98, Register 145

12 AAC 52.340 Approved programs

(a) The following programs will be accepted by the board as continuing education for pharmacists and pharmacy technicians under 12 AAC 52.320 and 12 AAC 52.325:

(1) any program presented by a provider accredited by the ACPE that results in a continuing education certificate showing the date of the course and the ACPE Universal Activity Number associated with the program;

(2) cardiopulmonary resuscitation (CPR) courses presented by the American Red Cross or the American Heart Association that lead to CPR certification; the board will accept no more than one contact hour of continuing education credit in a 24 month period for completion of a CPR course.

(b) The following programs will be accepted by the board as continuing education under 12 AAC 52.325, when the subject contributes directly to the professional competency of a pharmacy technician and is directly related to pharmacy principles and practice:

(1) any program presented or approved by the Alaska Pharmacists Association;

(2) any program presented or approved by the Pharmacy Technician Certification Board (PTCB) or the National Pharmacy Technician Association (NPTA).

(c) An individual who presents an approved continuing education program may receive credit for the time spent during the actual presentation of the program. An individual may not receive credit for the same presentation more than once during a licensing period.

History

Authority: AS 08.80.005; AS 08.80.147 AS 08.80.030; AS 08.80.165
Eff. 1/16/98, Register 145; am 5/5/2000, Register 154; am 5/15/2004, Register 170; am 2/15/2006, Register 177; am 8/12/2007, Register 183; am 10/31/2019, Register 232

12 AAC 52.350 Audit of records by the board

(a) The board will randomly audit renewal applications for verification of reported continuing education contact hours. To conduct an audit under this section, the board will access and evaluate continuing pharmacy education data reported to the ACPE-NABP CPE Monitor Service during the time period audited.

(b) Upon written request, a pharmacist or pharmacy technician shall provide the board with a copy of each certificate of completion for the continuing education units not reported to the ACPE-NABP CPE Monitor Service during the time period audited by the board.

(c) If the board disallows any continuing education contact units reported on behalf of or by a pharmacist or pharmacy technician, the pharmacist or pharmacy technician shall

(1) complete the number of disallowed contact hours in an approved program and report the completion to the board no later than 90 days after the date the board sends notification of the disallowed contact hours; and

(2) provide the board with copies of certificates of completion for all continuing education units

(A) not reported to the ACPE-NABP CPE Monitor Service; and

(B) completed for the next two licensing periods.

(d) A pharmacist or pharmacy technician who submits to the board a false or fraudulent record relating to the pharmacist's or pharmacy technician's satisfaction of a continuing education requirement under 12 AAC 52.320 or 12 AAC 52.325 is subject to disciplinary action by the board.

(e) In this section,

(1) "ACPE-NABP CPE Monitor Service" means the electronic tracking service of the ACPE and the National Association of Boards of Pharmacy for monitoring continuing pharmacy education that pharmacists and pharmacy technicians receive from participating providers;

(2) "certificate of completion" means a certificate or other document that

(A) is presented to a participant upon successful completion of a continuing education program that is not reported to the ACPE-NABP CPE Monitor Service; and

(B) contains the following information:

(i) the name of the participant;

(ii) the title and date of the program;

(iii) the name of the accredited provider;

(iv) the number of contact hours or continuing education units awarded;

(v) a dated, certifying signature of the accredited provider; and

(vi) for a pharmacist renewal, the assigned ACPE universal program number.

History

Authority: AS 08.80.005; AS 08.80.165 AS 08.80.030; AS 08.80.261
Eff. 1/16/98, Register 145; am 5/5/2000, Register 154; am 1/17/2007, Register 181; am 8/12/2007, Register 183; am 11/16/2012, Register 204

Article 4 Guidelines for Pharmacies and Pharmacists

12 AAC 52.400 General guidelines for pharmacies

A person that is required to be licensed by AS 08.80 and who has a license under AS 08.80 and this chapter shall adhere to the guidelines on facilities, reference material, equipment, supplies, and other guidelines established by the board in the pamphlet titled, "Facility Standards for Pharmacies," dated November 2016, and incorporated by reference in this section.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 1/16/98, Register 145; am 10/9/2008, Register 188; am 7/9/2017, Register 223

12 AAC 52.410 Care of drug stocks and devices

(a) A drug or device that has exceeded its expiration date shall be removed from stock and quarantined until properly disposed of in accordance with 12 AAC 52.560.

(b) A pharmacist may not dispense a drug or device beyond the expiration date on the drug or device.

(c) All drugs and devices on shelves or display for sale shall be protected against contamination, deterioration, and adulteration.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 1/16/98, Register 145

12 AAC 52.420 Security

(a) Each pharmacist, while on duty, is responsible for the security of the pharmacy, including effective control against theft or diversion of drugs.

(b) The pharmacist-in-charge is responsible for compliance with all prescription department security requirements.

(c) Excluding prescription drugs or devices held within an automated distribution kiosk, all drugs, devices, and other items or products that are restricted to sale by or under the direct supervision of a pharmacist shall be kept in the prescription department.

(d) Excluding prescription drugs or devices held within an automated distribution kiosk, the prescription department shall be secured to prevent unauthorized access when a pharmacist is not available to provide direct supervision.

(e) A pharmacy with service hours differing from the remainder of the business establishment must have a telephone number that is separate from the remainder of the business establishment.

(f) Excluding prescription drugs or devices held within an automated distribution kiosk, prescriptions shall be stored in the prescription department and may be removed only under the direct supervision of a pharmacist and for immediate delivery to the patient, the patient's agent, or the person delivering the prescription to the patient or the patient's agent.

(g) A pharmacist shall provide adequate security for prescription records to prevent unauthorized access to confidential health information.

(h) In this section, "prescription department" means the area of the pharmacy where prescription drugs are stored.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.315
Eff. 1/16/98, Register 145; am 2/15/2006, Register 177; am 7/15/2023, Register 247

12 AAC 52.423 Remote pharmacy license

(a) A central pharmacy that wishes to provide pharmacy services through a remote pharmacy in the state using a telepharmacy system as provided in 12 AAC 52.425 must apply to the board for a remote pharmacy license. The central pharmacy applying under this section for a remote pharmacy license must

(1) submit to the department a complete notarized application on a form provided by the department;

(2) submit to the department the applicable fees established under 12 AAC 02.310;

(3) comply with the requirements of 12 AAC 52.020; and

(4) provide the name and active or pending license number of the central pharmacy.

(b) The board will approve an application to provide pharmacy services through a remote pharmacy if the central pharmacy establishes that it is able to comply with the requirements of 12 AAC 52.425.

(d) A remote pharmacy that has changed its name, physical address, or ownership must notify the board in writing not later than 30 days after the change. A notification of a change of physical address must include an attestation that a new self-inspection will be completed not later than 30 days after the start of business in the new location.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 9/17/2011, Register 199; am 10/31/2019, Register 232; am 7/15/2023, Register 247; am 1/19/2024, Register 249

12 AAC 52.425 Telepharmacy system for a remote pharmacy

(a) Only a pharmacist employed by a central pharmacy located in this state may provide pharmacy services to a remote pharmacy through a telepharmacy system. A telepharmacy system must be conducted under the direct supervision of a pharmacist located in this state. The pharmacist-in-charge of a remote pharmacy may supervise one or more remote pharmacies.

(b) Before a pharmacist employed by a central pharmacy may provide pharmacy services to a remote pharmacy, the telepharmacy system between the central pharmacy and remote pharmacy must be tested by the supervising pharmacist of the central pharmacy and found to operate properly. The supervising pharmacist of the central pharmacy shall make the results of the test available to the board upon request. The computer link and video link with sound of the telepharmacy system must include at least one of the following:

(1) still image capture;

(2) real time link;

(3) store and forward.

(1) staffed by a pharmacist, pharmacy technician, or pharmacy intern; and

(2) operated under the direct supervision of a pharmacist.

(d) A remote pharmacy must be secured to prevent unauthorized access at all times when a pharmacist is not available to provide direct supervision to that location.

(e) Drugs may be shipped to a remote pharmacy from the central pharmacy or a wholesale distributor. Drugs must be shipped in a sealed container with an itemized list of the product contained. The itemized list of drugs shipped must be kept on file at both the central pharmacy and the remote pharmacy for at least two years from the date that the drugs are shipped.

(f) A remote pharmacy must keep a record of all prescriptions filled at that location. The central pharmacy must have access to the records of the prescriptions dispensed by the remote pharmacy.

(g) The prescription label of a prescription drug dispensed by a remote pharmacy must meet the requirements of 12 AAC 52.480.

(h) Under a telepharmacy system a prescription drug is considered as being dispensed by the remote pharmacy. A prescription drug may not be dispensed by a remote pharmacy until a pharmacist employed by the central pharmacy has verified the finished prescription product through the telepharmacy system.

(i) A pharmacist must conduct a physical inventory at each remote pharmacy location at least annually. The record of the inventory must be

(1) kept both at the central pharmacy and the remote pharmacy; and

(2) distinguishable from the inventory of the central pharmacy and other remote pharmacies.

(j) Repealed 10/31/2019.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 2/15/2006, Register 177; am 10/31/2019, Register 232

12 AAC 52.430 Standard of care relating to preparation or dispensing of sterile pharmaceuticals

A pharmacy or pharmacist that prepares or dispenses sterile pharmaceuticals shall adhere to the accepted standard of care.

History

Authority: AS 08.80.030; AS 08.80.157
Eff. 1/16/98, Register 145; am 10/9/2008, Register 188; am 9/28/2024, Register 251

12 AAC 52.440 Guidelines relating to compounding practices

A pharmacy or pharmacist that compounds drugs shall adhere to the guidelines established by the board in the pamphlet titled, "Compounding Practices," dated February 2008, and incorporated by reference in this section.

History

Authority: AS 08.80.030; AS 08.80.157
Eff. 1/16/98, Register 145; am 10/9/2008, Register 188

12 AAC 52.443 Approval for shared pharmacy services by pharmacy

(a) A requesting pharmacy in this state that seeks to participate in shared pharmacy services must apply to the board for approval on a form provided by the department.

(b) The board will approve an application by a requesting pharmacy to participate in shared pharmacy services if the pharmacy establishes

(1) that the pharmacy has a current in-state pharmacy license issued under AS 08.80.157 and this chapter;

(2) that the pharmacy is able to comply with the requirements of 12 AAC 52.445;

(3) that the pharmacy either

(A) is owned by the same owner as the filling pharmacy with which pharmacy services are to be shared; or

(B) has a written contract or agreement with the filling pharmacy or filling pharmacist that outlines the pharmacy services to be provided and the obligation of each pharmacy or pharmacist to comply with federal and state pharmacy statutes and regulations; and

(4) that the participants in shared pharmacy services share a common electronic file or other appropriate technology that allows access to the information needed to provide shared pharmacy services in compliance with the requirements of AS 08.80 and this chapter.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 9/11/2010, Register 195

12 AAC 52.444 Approval for shared pharmacy services by pharmacists

(a) A requesting pharmacist in this state that seeks to participate in shared pharmacy services must apply to the board for approval on a form provided by the department.

(b) The board will approve an application by a requesting pharmacist to participate in shared pharmacy services if the pharmacist establishes

(1) that the pharmacist

(A) has a current in-state pharmacy license issued under AS 08.80 and this chapter;

(B) has a written contract or agreement with the filling pharmacy or filling pharmacist that outlines the pharmacy services to be provided and the obligations of each pharmacy or pharmacist to comply with federal and state pharmacy statutes and regulations; and

(2) that the participants in shared pharmacy services share a common electronic file or other appropriate technology that allows access to the information needed to provide shared pharmacy services in compliance with the requirements of AS 08.80 and this chapter.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 9/11/2010, Register 195

12 AAC 52.445 Shared pharmacy services

(a) A pharmacy participating in shared pharmacy services, or a pharmacist acting independently of a pharmacy and participating in shared pharmacy services, shall use an identifier on the prescription container that identifies prescriptions to be filled at a filling pharmacy or by the filling pharmacist. The requesting pharmacy or requesting pharmacist shall notify the patient or the patient's agent that the patient's prescription order may be processed or filled by another pharmacy or pharmacist, and shall identify the filling pharmacy or filling pharmacist. If the requesting pharmacy is part of a network of pharmacies under common ownership, and the prescription order may be processed or filled at any of the pharmacies in the network, the requesting pharmacy shall notify the patient of this. Notice under this subsection may be provided through an initial written notice to the patient or the patient's agent, or through the use of a sign prominently displayed in the requesting pharmacy or in the public portion of the office of the requesting pharmacist.

(b) Except as provided in (c) of this section, if a filling pharmacy or filling pharmacist delivers a prescription medication directly to the patient or the patient's agent, the filling pharmacy or filling pharmacist shall provide, on the prescription container or on a separate sheet delivered with the prescription container,

(1) the local telephone number and, if applicable, the toll-free telephone number of the filling pharmacy or filling pharmacist; and

(2) a statement that conveys to the patient or patient's agent the following information: "Written information about this prescription has been provided for you; please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions at [insert the filling pharmacist or filling pharmacy's telephone numbers]."

(c) The requirements of (b) of this section do not apply to prescription medication delivered to patients in facilities where a licensed health care professional is responsible for administering the prescription medication to the patient.

(d) A pharmacy participating in shared pharmacy services, or a pharmacist acting independently of a pharmacy and participating in shared pharmacy services, shall

(1) maintain manual or electronic records identifying, individually for each order processed, filled, or dispensed, the name, initials, or identification code of each pharmacist responsible for the final verification of dispensing; those records must include descriptions of actions taken in interpretation of the order, order entry verification, drug utilization review, drug compatibility and drug allergy review, final order verification, therapeutic intervention, and refill authorization functions performed at that pharmacy or by that pharmacist;

(2) report to the board as soon as practical the results of any license disciplinary action taken by a regulatory agency in another licensing jurisdiction involving a pharmacy or pharmacist participating in shared pharmacy services;

(3) maintain a mechanism for tracking the order during each step of the processing and filling procedures performed at the pharmacy or by that pharmacist;

(4) provide for adequate security to protect the confidentiality and integrity of patient information;

(5) provide for inspection of any required record or information no later than 72 hours after any request by the board or its designee.

(e) Each pharmacy participating in shared pharmacy services, if a

(1) requesting pharmacy, shall have a current in-state pharmacy license issued under AS 08.80.157 and this chapter;

(2) filling pharmacy, shall either

(A) have a current in-state pharmacy license issued under AS 08.80.157 and this chapter; or

(B) be registered as an out-of-state pharmacy under AS 08.80.158 and this chapter.

(f) Each participant in shared pharmacy services shall jointly develop, implement, review, revise, and comply with joint policies and procedures for shared pharmacy services. Each participant is required to maintain only those portions of the joint policies and procedures that relate to that participant's operations. The policies and procedures must

(1) outline the responsibilities of each participant;

(2) include a list that contains

(A) each pharmacy participating in shared pharmacy services, and each pharmacist acting independently of a pharmacy and participating in shared pharmacy services;

(B) the name, address, and telephone number of each of those participants; and

(3) address

(A) patient identification that meets the requirements of this section;

(B) the adequate protection of the confidentiality and integrity of patient information;

(C) dispensing prescription orders when the filled order is not received or the patient comes in before the order is received;

(D) the maintenance of manual or electronic records that meet the requirements of this section;

(E) compliance with federal and state laws; and

(F) the operation of a continuous quality improvement program for shared pharmacy services, designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems.

(g) Nothing in this section prevents an individual pharmacist licensed in this state who is employed by or working under a contract with a pharmacy, or prevents a licensed pharmacy intern or pharmacy technician working under the supervision of that licensed pharmacist, from accessing the electronic database of that pharmacy from inside or outside the pharmacy and processing a prescription order in compliance with AS 08.80 and this chapter if

(1) the pharmacy has established controls to protect the privacy and security of confidential records; and

(2) the pharmacist, pharmacy intern, or pharmacy technician does not duplicate, download, or remove data from the pharmacy's electronic database.

(h) A pharmacist working independently outside of the state may participate in shared pharmacy services with an institutional pharmacy in this state if the pharmacist holds

(1) a current license as a pharmacist issued under AS 08.80 and this chapter; and

(2) a current license to practice as a pharmacist issued by the licensing jurisdiction where the pharmacist is working.

(i) The pharmacist-in-charge of the requesting pharmacy must ensure compliance with the applicable requirements of AS 08.80 and this section.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.158
Eff. 9/11/2010, Register 195

12 AAC 52.446 Shared pharmacy services during emergency

(a) Notwithstanding 12 AAC 52.445, during a disaster emergency declared by the governor, a pharmacy participating in shared pharmacy services, or a pharmacist acting independently of a pharmacy and participating in shared pharmacy services, shall do so in accordance with this section.

(b) During a disaster emergency declared by the governor, a pharmacist, pharmacist intern, or pharmacy licensed or registered under AS 08.80 may participate in shared pharmacy services without applying for approval under 12 AAC 52.443 and 12 AAC 52.444.

(c) Except as provided in (d) of this section, if a filling pharmacy or filling pharmacist or pharmacist intern delivers a prescription medication directly to the patient or the patient's agent, the filling pharmacy or filling pharmacist or pharmacist intern shall provide, on the prescription container or on a separate sheet delivered with the prescription container, the local telephone number and, if applicable, the toll-free telephone number of the filling pharmacy or filling pharmacist.

(d) The requirement of (c) of this section does not apply to prescription medication delivered to patients in facilities where a licensed health care professional is responsible for administering the prescription medication to the patient.

(e) A pharmacy participating in shared pharmacy services, or a pharmacist acting independently of a pharmacy and participating in shared pharmacy services, shall maintain manual or electronic records identifying, individually for each order processed, filled or dispensed,

(1) the name, initials, or identification code of each pharmacist or pharmacist intern responsible for the final verification of dispensing; and

(2) the patient, date, drug, strength, directions, and quantity dispensed.

(f) A pharmacy participating in shared pharmacy services that distributes prescription drug orders under 12 AAC 52.235 using a pharmacy technician who holds a national certification shall maintain manual or electronic records identifying, individually for each order processed, filled, or distributed

(1) the name, initials, or identification code of each pharmacy technician who holds a national certification; and

(2) the patient, date, drug, strength, directions, and quantity distributed.

(g) Nothing in this section prevents a pharmacist who is employed by or working under a contract with the pharmacy, or prevents a licensed pharmacist intern or pharmacy technician from accessing the electronic database of that pharmacy from inside or outside the pharmacy and processing a prescription drug order.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 4/3/2020, Register 234; am 8/30/2020, Register 235

Article 5 Pharmacy Practice Standards

12 AAC 52.450 Prescription drug order records

(a) A pharmacy shall maintain prescription drug orders for a period of two years from the date of filling or the date of the last dispensed refill. The prescription drug orders shall be maintained in a manner that ensures they will remain legible for the required two-year period.

(b) To comply with (a) of this section, a pharmacy shall maintain the prescription drug orders by

(1) keeping the original hard copy prescription drug order presented by a patient;

(2) keeping a plain paper version of the prescription drug order received by facsimile or digital electronic transmittal;

(3) keeping a prescription drug order put into writing either manually or electronically by the pharmacist; or

(4) electronically storing and maintaining the prescription drug order in a readily retrievable format.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 1/16/98, Register 145; am 11/10/2001, Register 160; am 7/9/2017, Register 223

12 AAC 52.460 Prescription drug order information

(a) Before a pharmacist may fill a prescription drug order, the pharmacist shall obtain the following information:

(1) name of the patient or, if the prescription drug order is for an animal, species of the animal and name of the owner;

(2) address of the patient unless the prescription drug order is for a noncontrolled substance and the address is readily retrievable on another appropriate, uniformly maintained pharmacy record, such as a patient medication record;

(3) name and, if the prescription drug order is for a controlled substance, the address and DEA registration number of the prescribing practitioner;

(4) name and strength of the drug prescribed;

(5) quantity prescribed;

(6) directions for use;

(7) date of issue;

(8) refills authorized, if any;

(9) if a written or hard copy prescription drug order, the prescribing practitioner's handwnitten, digital, electronic, or stamped signature;

(10) if a prescription drug order is received by the pharmacy as a facsimile, the prescribing practitioner's handwritten, digital, electronic, or stamped signature, or authorized agent's signature; and

(11) if the prescription drug order is signed by an authorized agent, the name of the prescribing practitioner.

(b) At the time of dispensing, a pharmacist shall add the following information to the prescription drug order:

(1) unique identification number of the prescription drug order;

(2) initials or identification code of the dispensing pharmacist;

(3) quantity dispensed, if different from the quantity prescribed;

(4) date of dispensing, if different from the date of issue;

(5) if the drug was prescribed by generic name or if an equivalent drug product other than the one prescribed was dispensed, for the drug product actually dispensed, at least one of the following:

(A) the name of the drug product's manufacturer or distributor;

(B) the national drug code number;

(D) the trade name.

(c) After oral consultation with the prescribing practitioner, a pharmacist may add the following information to schedule II controlled substance prescriptions:

(1) date of issue of the prescription;

(2) address of the patient;

(3) strength of the drug prescribed;

(4) drug dosage form;

(5) drug quantity prescribed;

(6) directions for use;

(7) DEA registration number.

(d) After oral consultation with the prescribing practitioner, a pharmacist may modify the types of information described in (c)(2) - (7) of this section. However, any modification to the information concerning drug quantity must be limited to strength of the drug prescribed and may not result in an increase in the original total dosage prescribed.

(e) A pharmacist may not change the name of non-generic drugs, the name of the patient, or the signature of the practitioner.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145; am 9/11/2010, Register 195; am 9/17/2011, Register 199; am 11/16/2012, Register 204; am 7/9/2017, Register 223

12 AAC 52.465 Controlled substance prescription drug orders

A prescription drug order for a schedule II controlled substance may be partially filled if prescribed for

(1) a terminally ill patient or a patient residing in a long term care facility, in accordance with 21 C.F.R. 1306.13; or

(2) a patient who is not terminally ill or residing in a long term care facility if

(A) the partial fill is requested by the patient or the practitioner that wrote the prescription;

(B) the total quantity dispensed in all partial filling does not exceed the total quantity prescribed;

(D) the remaining portions are filled not later than 30 days after the date on which the prescription is written; and

(E) each partial fill only occurs at the pharmacy where the original prescription order is on file.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 10/31/2019, Register 232

12 AAC 52.470 Refills

(a) Repealed 4/3/2020.

(b) Repealed 4/3/2020.

(c) Each time a prescription drug order refill is dispensed, the pharmacist or pharmacist intern shall record the quantity and date of the dispensing.

(d) A pharmacist or pharmacist intern may dispense any quantity of a prescription drug order so long as the total quantity of dosage units dispensed does not exceed the total quantity of dosage units authorized by the prescriber, including refills;

(e) To indicate that an increased supply may not be dispensed under this section, a prescriber may indicate "no change to quantity", or words of similar meaning, on the prescription drug order.

(f) Nothing in this section requires a health care service plan, health insurer, workers' compensation insurance plan, pharmacy benefits manager, or any other person or entity, including a state program or state employer, to provide coverage for a drug in a manner inconsistent with a beneficiary's plan benefit.

(g) Under (d) of this section, if the total quantity of a drug or device to dispense on an existing, chronic, non-controlled substance prescription drug order has been exhausted and the pharmacist is unable to reach the practitioner, a pharmacist or pharmacist intern may continue to dispense a quantity not to exceed a 120-day supply. In this section,

(1) "existing" means the pharmacy has record of a previous prescription drug order or the pharmacist can validate the prescription drug order from another pharmacy or patient labelled product;

(2) "chronic" means a drug that the patient takes regularly, for greater than three months.

(h) Under (g) of this section, the pharmacist must

(1) reduce the patient's prescription drug order to a written prescription drug order using the previously verified prescription drug order information and practitioner name;

(2) document "continuation of therapy", "COT", or words of similar meaning on the prescription drug order; and

(3) file and maintain the prescription in accordance with 12 AAC 52.450.

(i) A pharmacist may not dispense a refill of a prescription drug order for a noncontrolled substance after one year from the date of issue of the original prescription drug order.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145; am 6/29/2018, Register 226; am 4/3/2020, Register 234; am 8/30/2020, Register 235; am 12/28/2022, Register 244

12 AAC 52.480 Labeling

One or more labels containing the following information shall be affixed to every container in which a prescription drug order is dispensed:

(1) name, address, and phone number of the dispensing pharmacy;

(2) unique identification number of the prescription drug order;

(3) date the prescription drug order is dispensed;

(4) initials, which may be handwritten, of the dispensing pharmacist or pharmacist intern;

(5) name of the prescribing practitioner;

(6) name of the patient or, if the drug was prescribed for an animal, the species of animal and the name of the owner;

(7) directions for use;

(8) quantity dispensed;

(9) appropriate ancillary instructions or cautions;

(10) if the prescription drug order is for a schedule II-V controlled substance, the statement, "Caution: Federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed";

(11) the name and strength of the actual drug product dispensed, unless otherwise directed by the prescribing practitioner;

(12) the accepted generic drug name and strength of the drug dispense; if the drug product dispensed has multiple ingredients, the pharmacist shall provide this information in writing to the patient or the patient's agent.

History

Authority: AS 08.80.005; AS 08.80.295 AS 08.80.030; AS 08.80.480
Eff. 1/16/98, Register 145; am 1/14/2004, Register 169; am 2/15/2006, Register 177; am 4/3/2020, Register 234

12 AAC 52.490 Prescriptions by electronic transmission

(a) Legend drug, device, and controlled substance prescriptions may be transmitted electronically under this section, consistent with state and federal laws. A pharmacist or pharmacist intern may dispense a prescription transmitted electronically under this section only if the prescribing practitioner includes the following information on the prescription before it is transmitted:

(1) name, address, and telephone number of the prescribing practitioner;

(2) electronic signature or manual signature of the prescribing practitioner;

(3) the information required in 12 AAC 52.460(a)(1) - (8); and

(4) any other information required by federal law.

(b) A pharmacist may dispense a prescription that has been received electronically.

(1) patient's choice of pharmacy; the system may not restrict the patient's choice of pharmacy;

(2) security of the system; the system must have security and system safeguards designed to prevent and detect unauthorized access, modification, or manipulation of prescription information; the system must include

(A) documented formal procedures for selecting and executing security safeguards;

(B) physical safeguards to protect computer systems and other applicable equipment from unauthorized access, modification, or manipulation of the information;

(D) processes to prevent unauthorized access to the prescription information when transmitted electronically;

(3) confidentiality of patient information; the system must maintain the confidentiality of patient information consistent with state and federal laws;

(4) authentication; to be valid prescriptions transmitted by an authorized prescriber or the prescribing practitioner's authorized agent from computer to a facsimile machine or from computer to computer must use an electronic signature; the prescribing practitioner's system must authenticate the sender's authority and credentials to transmit a prescription to a pharmacy and

(A) the prescribing practitioner's system must provide an audit record of all prescriptions electronically transmitted that documents for retrieval all actions and persons who have acted on a prescription, including authorized delegation of transmission;

(B) the right of the board to access the prescribing practitioner's electronically transmitted prescriptions for purposes of investigations;

(5) a prescribing practitioner's system that utilizes intermediaries in the electronic communication of prescriptions to pharmacies is responsible to ensure that the contracts with the intermediaries require security measures that are equal to or better than those provided by this section and prohibit the modification of a record of a prescription after it has been transmitted by the prescribing practitioner to the pharmacist;

(6) if a paper copy prescription that is generated by the pharmacist or pharmacy technician from the electronic prescription system is printed, an electronic signature may be substituted for a manual signature;

(7) the system must maintain the integrity and confidentiality of patient information transmitted electronically for its system as required by this chapter, other state law, and federal law.

(d) In this section,

(1) "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a prescription and executed or adopted by an authorized person with the intent to sign the prescription;

(2) "electronic transmission of prescriptions" means the communication from an authorized prescribing practitioner or the prescribing practitioner's authorized agent to a pharmacy of the patient's choice, by computer, by the transmission of an exact visual image of a prescription by facsimile, or by other electronic means other than electronic voice communication, of original prescription information or prescription refill information for a legend drug or controlled substance consistent with this section, other state law, and federal law;

(3) "security" means a system to maintain the confidentiality and integrity of prescription information, including

(A) documented formal procedures for selecting and executing security safeguards;

(B) physical safeguards to protect computer systems and other pertinent equipment from unauthorized access, modification, or manipulation of the information;

(D) processes for its system to prevent unauthorized access to the prescription information when transmitted electronically.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145; am 11/10/2001, Register 160; am 8/12/2007, Register 183; am 4/3/2020, Register 234

12 AAC 52.500 Transfer of a prescription drug order

(a) For the purpose of dispensing a prescription drug order, original prescription drug order information may be transferred between pharmacies if the requirements of 12 AAC 52.460 and this section are met.

(b) Original prescription drug order information for controlled substances listed in schedules II, III, IV, or V may be transferred only by the pharmacy that originally received the prescription drug order from the prescribing practitioner. The transfer must be communicated directly between two licensed pharmacists.

(c) Original prescription drug order information for noncontrolled substances may be transferred verbally, electronically, or by means of facsimile between pharmacies without limitation up to the number of originally authorized refills.

(d) A pharmacy transferring a prescription drug order or receiving a transferred prescription drug order must meet the following requirements:

(1) repealed 4/3/2020;

(2) both the original and the transferred prescription drug order must meet the requirements of 12 AAC 52.450(a);

(3) the pharmacist, pharmacist intern, or pharmacy technician who holds a national certification transferring the prescription drug order information shall record the following information:

(A) the name, address, and if a controlled substance, the DEA registration number of the pharmacy receiving the prescription drug order information;

(B) the name of the pharmacist, pharmacist intern, or pharmacy technician who holds a national certification receiving the prescription drug order information;

(C) the name of the pharmacist, pharmacist intern, or pharmacy technician who holds a national certification transferring the prescription drug order information; and

(D) the date of the transfer;

(4) the pharmacist, pharmacist intern, or pharmacy technician who holds a national certification receiving the transferred prescription drug order information shall record the following information:

(A) the original date of issue;

(B) the original unique identification number of the prescription;

(D) the name, address, and if a controlled substance, the DEA registration number of the pharmacy transferring the prescription drug order information; and

(E) the name of the pharmacist, pharmacist intern, or pharmacy technician who holds a national certification transferring the prescription drug order information; and

(5) when a prescription drug order is transferred, the transferring pharmacy may not issue any further dispensing from that prescription drug order.

(e) A pharmacy using an automated data processing system shall meet the same requirements for a manual prescription drug order transfer listed in (d) of this section.

(f) If two or more pharmacies use a common electronic database for prescription record keeping, prescription drug orders may be refilled at any of the pharmacies using the common electronic database if provisions are made

(1) for an audit trail that documents the location of each filling; and

(2) to ensure that the total quantity dispensed from the prescription drug order does not exceed the total quantity authorized.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145; am 7/9/2017, Register 223; am 10/31/2019, Register 232; am 4/3/2020, Register 234; am 8/30/2020, Register 235; am 1/19/2024, Register 249

12 AAC 52.510 Substitution

(a) A pharmacist or pharmacist intern may dispense an equivalent drug product or interchangeable biological product instead of the prescribed drug if

(1) the prescribing practitioner does not indicate on the prescription drug order that a specific brand must be dispensed, using language such as "brand medically necessary", "dispense as written", "do not substitute", or other similar wording indicating that the practitioner does not want it substituted;

(2) the patient is notified and consents to the substitution;

(3) repealed 10/31/2019; and

(4) for the drug product actually dispensed, the pharmacy record contains one of the following:

(A) the drug product's manufacturer or distributor;

(B) national drug code number;

(D) trade name.

(b) The determination of the drug product to be dispensed for a prescription drug order is a professional responsibility of the pharmacist. A pharmacist may not dispense any product that in the pharmacist's professional opinion is not an equivalent drug product as the term "equivalent drug product" or "interchangeable biological product" is defined in AS 08.80.480.

(c) Nothing in this section prohibits a patient from requesting the original trade product instead of the substituted product if there is nothing on the prescription drug order from the prescribing practitioner that indicates that the practitioner wants only the substituted product dispensed.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.295
Eff. 1/16/98, Register 145; am 10/9/2008, Register 188; am 6/29/2018, Register 226; am 10/31/2019, Register 232; am 4/3/2020, Register 234; am 8/30/2020, Register 235

12 AAC 52.520 Customized patient medication package (patient med-pak)

(a) Instead of dispensing one or more prescribed drug products in separate containers, a pharmacist may, with the written consent of the patient, patient's caregiver, or prescribing practitioner, provide a customized patient medication package or patient med-pak.

(b) A patient med-pak is a series of containers prepared by a pharmacist for a specific patient containing one or more prescribed solid oral dosage forms and designed or labeled to indicate the day and time, or period of time, when the contents within each container are to be taken.

(1) the name of the patient;

(2) the unique identification number for the patient med-pak itself and a separate unique identification number for each of the prescription drug orders for the drug products in the patient med-pak;

(3) the name, strength, physical description or identification, and total quantity of each drug product in the patient med-pak;

(4) the directions for use and cautionary statements, if any, contained in the prescription drug order for each drug product in the patient med-pak;

(5) any other information, statements, or warnings required or appropriate for any of the drug products in the patient med-pak;

(6) the name of the prescribing practitioner of each drug product in the patient med-pak;

(7) the date of preparation of the patient med-pak and the expiration date assigned to the patient med-pak; the expiration date may not be more than 60 days from the date of preparation of the patient med-pak;

(8) the name, address, and telephone number of the pharmacy; and

(9) the initials of the dispensing pharmacist.

(d) If the patient med-pak allows for the removal or separation of the intact containers from the patient med-pak, the pharmacist shall label each individual container of the patient med-pak to identify each of the drug products contained in the patient med-pak.

(e) When preparing a patient med-pak, the dispensing pharmacist shall take into account any applicable compendium requirements or guidelines and the physical and chemical compatibility of the dosage forms placed within each container in the med-pak and any therapeutic incompatibilities that may attend the simultaneous administration of the drugs.

(f) In addition to any individual prescription filing requirements, the pharmacist shall make and file a record of each patient med-pak. Each record must contain

(1) the name and address of the patient;

(2) a unique identification number for the patient med-pak itself and a separate, unique, identification number for each of the prescription drug orders for each drug product contained in the patient med-pak;

(3) information identifying or describing the design, characteristics, or specifications of the patient med-pak that is sufficient to prepare an identical patient med-pak for the patient;

(4) the date of preparation of the patient med-pak and the expiration date assigned;

(5) any special labeling instructions; and

(6) the name or initials of the pharmacist who prepared the patient med-pak.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.480
Eff. 1/16/98, Register 145

12 AAC 52.530 Return or exchange of drugs

(a) A pharmacy or pharmacist may accept a drug for return or exchange after the drug has been taken from the premises where the drug was sold, distributed, or dispensed if

(1) the prescription was dispensed in a manner inconsistent with the original prescription drug order; or the medication was recalled by the manufacturer or the United States Food and Drug Administration and

(2) the drug is segregated from the normal pharmacy inventory and may not be dispensed.

(b) A pharmacy serving an institutional facility may accept for return or reuse unit dose packages or full or partial multiple dose medication cards if

(1) the pharmacist can readily determine that there has been no entry or attempt at entry to the unit dose package or blister card;

(2) in the pharmacist's professional judgment, the unit dose package or multiple dose medication card meets the current standards of the United States Pharmacopoeia (USP) for storage conditions, including temperature, light sensitivity, and chemical and physical stability;

(3) the drug has not come into the physical possession of the person for whom it was prescribed, and control of the drug is known to the pharmacist to have been the responsibility of a person or persons licensed to prescribe, dispense, or administer drugs; and

(4) the drug labeling or packaging has not been altered or defaced, and the identity of the drug, its strength, lot number, and expiration date are retrievable.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145; am 10/31/2019, Register 232; am 7/15/2023, Register 247

12 AAC 52.540 Notification of theft or significant loss

If a pharmacy is required under 21 U.S.C. 801 - 904 (Controlled Substances Act) to complete DEA Form 106, "Report of Theft or Loss of Controlled Substances," the pharmacist-in-charge shall also send a copy of the completed form to the board.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 1/16/98, Register 145

12 AAC 52.550 Advertising

A pharmacy may advertise prescription drug prices if the advertisement contains all of the following information:

(1) proprietary, trade, or generic name of the drug product;

(2) name of the manufacturer or distributor of the drug product;

(3) dosage form and strength of the drug product;

(4) price charged for a specific quantity of the drug product; and

(5) the hours that pharmaceutical services are available from the advertiser.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145

12 AAC 52.560 Destruction and disposal of drugs

(a) A licensed pharmacist may destroy noncontrolled prescription drugs if the drugs are destroyed in a manner that makes the drugs unfit for human consumption.

(b) A drug that is a controlled substance shall be disposed of in accordance with federal statutes and regulations.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145

12 AAC 52.570 Drug regimen review

(a) A pharmacist shall perform a drug regimen review, as defined in AS 08.80.480, for each prescription drug order.

(b) If a pharmacist identifies any of the items listed in AS 08.80.480 during the drug regimen review, the pharmacist shall avoid or resolve the problem by consulting with the prescribing practitioner, if necessary.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.480
Eff. 1/16/98, Register 145

12 AAC 52.580 Data processing systems

A pharmacy may use an automated data processing system to maintain the records required in AS 08.80 and this chapter if the system

(1) is capable of on-line retrieval of all information required in 12 AAC 52.460, 12 AAC 52.470, and 21 C.F.R. 1306.22, as amended as of February 6, 1997;

(2) is capable of producing an audit trail printout for all dispensing of any specified strength and dosage form of a drug; and

(3) has adequate safeguards to prevent loss of data and reasonable security to prevent unauthorized access to, modification of, or manipulation of patient records.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145

12 AAC 52.585 Patient counseling

(a) Following the review of a patient's records, if considered necessary by the pharmacist, a pharmacist or pharmacist intern shall personally offer counseling to each patient or the patient's agent.

(b) If a pharmacist or pharmacist intern provides counseling, the pharmacist or pharmacist intern may provide the counseling by any verbal, written, or electronic means.

(c) This section does not apply to a pharmacist who dispenses drugs for inpatient use in a hospital or other institution if the drug is to be administered by a nurse or other appropriate health care provider.

(d) Before dispensing an opioid prescription for the first time to a patient or patient's agent, or upon a dose increase, a pharmacist or pharmacist intern shall advise the patient about the potential dangers of opioid dependency, overdose, and interactions.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.480
Eff. 1/16/98, Register 145; am 5/15/2004, Register 170; am 7/9/2017, Register 223; am 12/28/2022, Register 244

12 AAC 52.590 Prepackaging of drugs

For the purpose of supplying drugs to a prescribing practitioner, drugs shall be prepackaged in child-resistant containers under the direct supervision of a pharmacist and bear a label that contains

(1) the name, address, and telephone number of the pharmacy;

(2) the name, strength, and quantity of the drug;

(3) the lot number and expiration date of the drug, if not already contained on the unit-of-use or drug packaging;

(4) cautionary information required for patient safety and information; and

(5) the initials of the pharmacist.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.480
Eff. 1/16/98, Register 145

12 AAC 52.595 Automated distribution kiosks

(a) A licensed pharmacy in this state may install and use an automated distribution kiosk that is accessible to the patient or the patient's agent while the pharmacy is open or closed for the purpose of purchasing the patient's completed prescription drug orders if

(1) the kiosk is securely installed on the same premises as the pharmacy and is properly secured to prevent removal without the use of heavy or specialized equipment;

(2) before loading the completed prescription drug order into the kiosk, the pharmacist counsels the patient in accordance with 12 AAC 52.585; and

(3) no drugs defined by state or federal law as controlled substances are placed in the kiosk, and the kiosk has a conspicuously posted sign that states "This machine does not contain controlled substances."; the sign must use a minimum of size 72 font and red color.

(b) The pharmacist on duty is responsible for loading and maintaining the automated distribution kiosk. The pharmacist on duty may delegate those tasks to a pharmacy intern or pharmacy technician.

(c) This section does not apply to a prescription drug dispensing or distribution machine used in an institutional facility.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 7/15/2023, Register 247

12 AAC 52.596 Remodeling

Not later than 30 days after starting the structural remodeling of a pharmacy or a prescription department within the premises of a licensed or registered pharmacy that would result in a change in layout, square footage, plumbing, or additional storage areas, the licensee or registrant shall notify the board in writing.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.157
Eff. 7/15/2023, Register 247

Article 6 Wholesale Drug Distributors and Facilities

12 AAC 52.610 Wholesale drug distributor license

(a) An applicant for a wholesale drug distributor license shall submit the items required in (b) of this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualifications for licensure must be reviewed and approved by the board.

(b) A wholesale drug distributor license will be issued to an applicant who

(1) submits a completed application on a form provided by the department;

(2) pays the applicable fees required in 12 AAC 02.310;

(3) provides the name of the designated representative who will manage the wholesale distribution of drugs or devices for the wholesale drug facility;

(4) submits an attestation that

(A) a self-inspection of the premises using the form provided by the department was completed within the last two years; or

(B) a Verification Accredited Wholesale Distributors (VAWD) inspection has been completed; and

(5) submits a copy of a current valid license, permit, or registration to conduct operations in the jurisdiction in which it is located, as applicable.

(c) A wholesale drug distributor that has changed its name, physical address, or ownership must notify the board in writing not later than 30 days after the change. A notification of a change of physical address must include an attestation that a new self-inspection will be completed not later than 30 days after the start of business.

(d) When a wholesale drug distributor ceases operations, the designated representative of the wholesale drug distributor shall notify the board in writing of the cessation of operations. The written notice must be submitted not later than 30 days after the cessation of operations.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145; am 8/21/2002, Register 163; am 1/17/2007, Register 181; am 6/29/2018, Register 226; am 10/31/2019, Register 232; am 12/28/2022, Register 244; am 7/15/2023, Register 247

12 AAC 52.620 Wholesale drug facilities

(a) A wholesale drug facility in which drugs or devices are stored, repacked, or sold to persons, businesses, or government agencies that may legally purchase drugs or devices must

(1) have storage areas that ensure proper lighting, ventilation, temperature, sanitation, humidity, space, equipment, and security conditions;

(2) be of suitable size, construction, and location to facilitate cleaning, maintenance, and proper operations;

(3) be equipped with an alarm system to detect entry into the wholesale drug facility after business hours;

(4) meet all applicable federal, state, and local building standards;

(5) be secure from unauthorized entry from outside the facility, including having exterior lighting along the outside perimeter of the facility;

(6) restrict entry into areas inside the facility where drugs or devices are stored; entry must be open to authorized personnel only;

(7) have a quarantine area for storage of drugs or devices that are outdated, damaged, deteriorated, misbranded, or adulterated, or that are in a secondary container that has been opened or the seal of which has been broken;

(8) be maintained in a clean and orderly condition; and

(9) be free from infestation by insects, rodents, birds, or vermin of any kind.

(b) A wholesale drug facility must develop internal security policies, including protection of computer records, to provide reasonable protection against theft or diversion of drugs by personnel.

(d) A wholesale drug distributor facility seeking to ship into or distribute prescription drugs or devices in this state must first verify that the purchaser of the prescription drugs or devices holds a valid license under AS 08 to supply the drug or device as described in AS 08.80.400 within the scope of the purchaser's practice

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145; am 10/31/2019, Register 232; am 12/28/2022, Register 244

12 AAC 52.625 Personnel requirements; grounds for denial or other disciplinary action

(a) A wholesale drug distributor shall maintain a roster of all officers, directors, and managers responsible for wholesale drug distribution, storage, and handling. The roster shall include a description of each person's duties and a summary of the person's experience.

(b) The board will not approve an application for a wholesale drug distributor license unless the designated representative in charge of the drug facility documents having a basic knowledge of federal and state laws related to the wholesale distribution of drugs.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.261 AS 08.80.030; AS 08.80.159; AS 08.80.480
Eff. 1/16/98, Register 145; am 10/31/2019, Register 232; am 7/15/2023, Register 247

12 AAC 52.630 Drug storage

(a) A wholesale drug distributor shall ensure that all drugs are stored at appropriate temperatures in accordance with label requirements to help ensure that the identity, strength, quality, and purity of the products are not affected.

(b) A wholesale drug distributor shall ensure that a separate quarantine storage area is provided for drugs that are deteriorated, outdated, damaged, misbranded, adulterated, or are in a secondary container that has been opened or the seal of which has been broken.

(c) A wholesale drug distributor shall ensure that appropriate manual, electromechanical, or electronic temperature and humidity recording equipment or handwritten logs are used to document how drugs have been stored.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145; am 10/31/2019, Register 232

12 AAC 52.635 Designated representative

(a) A designated representative of a wholesale drug distributor, outsourcing facility, third-party logistics provider, or manufacturer designated to replace an outgoing designated representative of a facility shall notify the board not later than 30 days after that designation by submitting a completed change of designated representative notice in writing. The outgoing designated representative shall also notify the board in writing not later than 30 days after departure.

(b) A designated representative may be in charge of more than one location and may be designated as the designated representative for multiple facilities simultaneously.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 12/28/2022, Register 244; am 7/15/2023, Register 247

12 AAC 52.640 Written policies and procedures

A wholesale drug distributor shall prepare and follow a written procedure to

(1) handle crisis situations that affect the security or operation of the wholesale drug facility, including fire, flood, earthquake or other natural disasters, and situations of local, state, or national emergency;

(2) identify, record, report to the board, and correct any error found in an inventory;

(3) ensure that any outdated drug or any drug with an expiration date that, in the wholesale drug distributor's view, does not allow sufficient time for repacking or resale, is segregated from other stock, is documented as a drug that has a characteristic described in this paragraph, and is prepared for timely return to the manufacturer or is destroyed;

(4) ensure that the wholesale drug distributor exercises control over the shipping and receiving of all drugs within the wholesale drug distribution operation;

(5) ensure the proper handling and disposal of returned drugs; and

(6) ensure that the oldest approved stock of a drug is distributed first and that any deviation from this requirement is only temporary.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145; am 7/15/2023, Register 247

12 AAC 52.645 Examination of drug shipments

(a) A wholesale drug distributor shall ensure that upon receipt of a drug shipment, each outside shipping container is visually examined for identity and damage in order to reduce the acceptance of drugs that are contaminated or unfit for distribution.

(b) A wholesale drug distributor shall ensure that each outgoing shipment of drugs is inspected for identity of the contents and the integrity of the shipping container in order to ensure that the drugs to be shipped were not damaged in storage, held under improper conditions, or likely to receive damage in shipment.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145

12 AAC 52.650 Records and inventories

(a) A wholesale drug distributor shall establish and maintain records and inventories of all transactions regarding the receipt, distribution, or disposition of a drug. The records must include the following information:

(1) the source of the drug, including the name and principal address of the seller or transferor and the address of the location from which the drug was shipped;

(2) the identity and quantity of the drug received, distributed, or disposed of; and

(3) the date of receipt and of distribution or other disposition.

(b) The records and inventories required by this section must be made available at a central location for inspection within two working days after a request by an authorized inspector. The records and inventories required by this section must be kept for a period of two years after disposition of the drug.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145

12 AAC 52.660 Returned, damaged, and outdated drugs

(a) A wholesale drug distributor shall ensure that a drug that is outdated, damaged, deteriorated, misbranded, or adulterated is quarantined and physically separated from other drugs until it is either destroyed or returned to the supplier.

(b) A wholesale drug distributor shall ensure that a drug that has a secondary container that has been opened or used is identified as such, and is quarantined and physically separated from other drugs until the drug is either destroyed or returned to the supplier.

(c) A wholesale drug distributor shall ensure that if the conditions under which a drug has been returned, shipped, or stored cast doubt on the drug's safety, identity, strength, quality, or purity, the drug is destroyed or returned to the supplier, unless examination, testing, or other investigation proves that the drug meets appropriate standards of safety, identity, strength, quality, and purity.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145

12 AAC 52.670 Drug recalls

Repealed.

History

Eff. 1/16/98, Register 145; repealed 7/15/2023, Register 247

12 AAC 52.680 Inspections

A wholesale drug distributor shall permit an authorized inspector or law enforcement official, who shows proper identification, to enter and inspect that distributor's facilities and deliver vehicles at reasonable times and in a reasonable manner, and to inspect that distributor's records and written operating procedures.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145

12 AAC 52.685 Prohibition against direct distribution

A wholesale drug distributor may not distribute a drug or preparation directly to a consumer or patient.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.261 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145

12 AAC 52.690 Salvage and reprocessing

A wholesale drug distributor is subject to the provisions of all applicable federal and state statutes and regulations and local ordinances that relate to drug salvaging or reprocessing, including 21 C.F.R. Parts 207, 210, and 211, as amended as of February 6, 1997.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145

12 AAC 52.695 Provisions not applicable

The following activities do not constitute wholesale distribution of prescription drugs for which a wholesale drug distributor license is required by 12 AAC 52.610 - 12 AAC 52.690:

(1) intracompany sales, defined as any transaction or transfer between any division, subsidiary, parent, and an affiliated or related company under the common ownership and control of a corporate entity;

(2) the purchase or acquisition, by a hospital or other health care entity that is a member of a group purchasing organization, of a drug, for its own use, from the group purchasing organization or from another hospital or health care entity that is a member of the group purchasing organization;

(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in 26 U.S.C. 501(c)(3) (Internal Revenue Code of 1954), as amended as of February 6, 1997, to a nonprofit affiliate of the organization to the extent otherwise permitted by the law;

(4) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control; for purposes of this paragraph, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, by voting rights, by contract, or otherwise;

(5) any of the following transfers of a drug, if the gross dollar value of the transfer does not exceed five percent of the total prescription drug sales revenue of either the transferor or transferee during any 12-consecutive-month period:

(A) the sale of a drug by a retail pharmacy to another retail pharmacy or to a practitioner, or the offer by a retail pharmacy to sell a drug to another retail pharmacy or to a practitioner;

(B) the purchase of a drug by a retail pharmacy or by a practitioner from another retail pharmacy, or the offer by a retail pharmacy or by a practitioner to purchase a drug from another retail pharmacy;

(C) the trade of a drug by a retail pharmacy with another retail pharmacy, or the offer by a retail pharmacy to trade a drug with another retail pharmacy;

(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug, under a prescription;

(7) the distribution of drug samples by manufacturers' representatives or distributors' representatives; or

(8) the sale, purchase, or trade of blood and blood components intended for transfusion.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.159
Eff. 1/16/98, Register 145; am 11/16/2012, Register 204

12 AAC 52.696 Outsourcing facilities

(a) An applicant for an outsourcing facility license shall submit the items required in (b) of this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualifications for licensure must be reviewed and approved by the board.

(b) An outsourcing facility license will be issued to an applicant who

(1) submits a complete application on a form provided by the department;

(2) pays the applicable fees required in 12 AAC 02.310;

(3) provides the name of the designated representative;

(4) submits an attestation that the applicant holds a license as an outsourcing facility in another jurisdiction and that the license is in good standing, if applicable;

(5) submits an attestation that a self-inspection of the premises using the form provided by the department was completed within the last two years; and

(6) submits the results of the most recent Good Manufacturing Practice (GMP) inspection by the United States Food and Drug Administration.

(c) An outsourcing facility that has changed its name, physical address, or ownership must notify the board in writing not later than 30 days after the change. The notification must include an attestation that a new self-inspection will be completed not later than 30 days after the start of business.

(d) When an outsourcing facility ceases operations, the designated representative must submit to the board a written notice of the cessation of operations. The written notice must be submitted not later than 30 days after the cessation of operations and include

(1) the date the outsourcing facility ceased operations; and

(2) arrangement for the records of the outsourcing facility to be retained for two years.

(e) The outsourcing facility must be registered as an outsourcing facility and compliant with 21 U.S.C. 353b (sec. 503B, P.L. 113-54 (Food Drug and Cosmetic Act, Drug Quality and Security Act, Compounding Quality Act)).

History

Authority: AS 08.80.005; AS 08.80.159 AS 08.80.030; AS 08.80.480
Eff. 10/31/2019, Register 232; am 12/28/2022, Register 244; am 7/15/2023, Register 247

12 AAC 52.697 Third-party logistics providers

(a) An applicant for a third-party logistics provider license shall submit the items required in (b) of this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualifications for licensure must be reviewed and approved by the board.

(b) A third-party logistics provider license will be issued to an applicant who

(1) submits a complete application on a form provided by the department;

(2) pays the fees required in 12 AAC 02.310;

(3) provides the name of the designated representative;

(4) submits an attestation that the applicant holds a license as a third-party logistics provider in another jurisdiction and that the license is in good standing, if applicable; and

(5) submits an attestation that a self-inspection of the premises using the form provided by the department was completed within the last two years.

(c) A third-party logistics provider that has changed its name, physical address, or ownership must notify the board in writing not later than 30 days after the change. The notification must include an attestation that a new self-inspection will be completed not later than 30 days after the start of business.

(d) When a third-party logistics provider ceases operations, the designated representative must submit to the board a written notice of the cessation of operations. The written notice must be submitted not later than 30 days after the cessation of operations and include

(1) the date the third-party logistics provider ceased operations; and

(2) arrangement for the records of the third-party logistics provider to be retained for two years.

History

Authority: AS 08.80.005; AS 08.80.159 AS 08.80.030; AS 08.80.480
Eff. 10/31/2019, Register 232; am 12/28/2022, Register 244; am 7/15/2023, Register 247

12 AAC 52.698 Manufacturer license

(a) An applicant for a manufacturer license shall submit the items required in (b) of this section for review and approval by the executive administrator. An application that does not clearly demonstrate qualifications for licensure must be reviewed and approved by the board.

(b) A manufacturer license will be issued to an applicant who

(1) submits a complete application on a form provided by the department;

(2) pays the applicable fees set out under 12 AAC 02.310;

(3) provides the name of the designated representative who will manage the manufacture of drugs or devices for the wholesale drug facility;

(4) submits an attestation that

(A) a self-inspection of the premises using the form provided by the department was completed within the last two years; or

(B) an inspection of the premises by a third party was completed within the last two years;

(5) submits an attestation that the applicant holds a license as a manufacturer in another jurisdiction and that the license is in good standing, if applicable; and

(6) submits the results of the applicant's most recent Good Manufacturing Practice (GMP) inspection by the United States Food and Drug Administration.

(c) A manufacturer operating as a virtual manufacturer must indicate on the application that it operates as a virtual manufacturer within the meaning given in 12 AAC 52.995.

(d) A manufacturer that has changed its name, physical address, or ownership must notify the board in writing not later than 30 days after the change. The notification of a change of physical address must include an attestation that a new self-inspection will be completed not later than 30 days after the start of business.

(e) When a manufacturer ceases operations, the designated representative of the manufacturer shall notify the board in writing of the cessation of operations. The form must be submitted not later than 30 days after the cessation of operations.

(f) A manufacturer that distributes drugs and devices that it does not directly manufacture must hold a separate wholesale drug distributor license.

(g) A manufacturer that provides logistics services must hold a separate third-party logistics provider license.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.480
Eff. 7/15/2023, Register 247; am 9/28/2024, Register 251

Article 7 Institutional Pharmacies

12 AAC 52.700 Institutional pharmacies

Repealed.

History

Eff. 1/16/98, Register 145; repealed 2/26/2000, Register 153

12 AAC 52.710 Absence of a pharmacist from an institutional pharmacy

(a) When an institutional pharmacy will be unattended by a pharmacist, the pharmacist-in-charge shall arrange in advance for providing drugs for use within the institutional facility.

(b) When an institutional pharmacy is closed and a drug is required to treat a patient's immediate need and is not available from the drug stock outside of the pharmacy, a person designated by the pharmacist-in-charge and licensed to handle drugs may obtain the drug from the institutional pharmacy. The pharmacist-in-charge is responsible

(1) to record on a suitable form the removal of any drug from the institutional pharmacy by the person designated; the record must show the

(A) patient's name and room number;

(B) name, strength, and amount of the drug;

(D) initials or signature of the person designated who removed the drug from the pharmacy;

(2) when the pharmacy reopens or as soon as is practical, to check the stock container or similar unit dose package of the drug removed; and

(3) to ensure that the quantity of drugs that were removed is only the quantity necessary to sustain the patient until the pharmacy reopens.

(c) If an institutional pharmacy is open and the pharmacist is absent from the pharmacy, but present in the institutional facility, a pharmacy technician may continue to prepare and process drug prescriptions. However, drugs may not be dispensed until the pharmacist has verified the finished prescription product.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145; am 1/17/2007, Register 181

12 AAC 52.720 Emergency room outpatient medications

(a) The pharmacist-in-charge of an institutional pharmacy, in cooperation with the appropriate committee of the institutional facility's medical staff, shall prepare a list of prescription drugs that may be delivered to outpatients receiving emergency treatment and shall determine appropriate quantities for unit-of-use packaging and prepackaging of the prescription drug.

(b) A licensed health care provider on emergency room staff may deliver the medications identified on the list of prescription drugs prepared under (a) of this section to a patient receiving emergency outpatient treatment if

(1) the drug is ordered by an authorized prescribing practitioner either in writing or verbally; a verbal order must be transcribed into writing on the patient's record;

(2) the medication is prepackaged in a child-resistant container under the direct supervision of a pharmacist;

(3) the medication bears a label that contains the

(A) name, address, and telephone number of the institutional facility;

(B) name, strength, and quantity of the drug;

(D) lot number and expiration date if not already contained on the unit-of-use packaging or prepackaging; and

(E) initials of the pharmacist;

(4) no more than one prepackaged container of a drug is delivered to a patient unless more than one package is required to sustain the patient until a retail pharmacist is on duty in the community; however, the amount of the controlled substance delivered may not exceed a 72 hour supply; and

(5) labeling of the container is completed by the licensed health care provider before the container is presented to the patient; the container label must include the

(A) name of the patient;

(B) directions for use by the patient;

(D) identifying number unique to the patient;

(E) name of the prescribing practitioner; and

(F) initials of the licensed health care provider delivering the prepackaged medication.

(d) Following delivery of the prepackaged medication to the patient, the licensed health care provider shall document the quantity issued and initial the patient record containing the prescribing practitioner's order.

(e) This section does not apply to the administration of a single dose to a patient.

(f) In this section, "licensed health care provider" means a physician, physician assistant, or mobile intensive care paramedic licensed under AS 08.64; a dentist licensed under AS 08.36; or a nurse licensed under AS 08.68.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145

12 AAC 52.730 Drug distribution and control

(a) The pharmacist-in-charge of an institutional pharmacy is responsible for the storage, preparation, distribution, and control of the institutional facility's drug supply and for ensuring that these activities are carried out in conformance with established policies, procedures, and accepted standards.

(b) The pharmacist-in-charge of an institutional pharmacy shall establish written procedures for the distribution and control of drugs and for the provision of pharmacy services. The procedures must be consistent with 12 AAC 52.710 and 12 AAC 52.720. The pharmacist-in-charge shall make an annual updated copy of the policies and procedures available for inspection by the board.

(c) Persons employed at an institutional pharmacy who are licensed under AS 08.80 and this chapter shall provide drug information to the staff and practitioners of the institutional facility.

(d) Persons employed at an institutional pharmacy who are licensed under AS 08.80 and this chapter may assist in the planning of and participate in the institutional facility's education and staff development programs relating to drugs.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145

Article 8 Drug Rooms and Facilities Without a Pharmacy

12 AAC 52.800 Drug room license

(a) An institutional facility that does not maintain a pharmacy but prepares and administers prescription drugs from bulk supplies for patients receiving treatment within the facility must be licensed by the board as a drug room under 12 AAC 52.020.

(b) An institutional facility that does not maintain a pharmacy but stores and administers prescription drugs that are labeled and dispensed for specific patients by a pharmacy does not require a drug room or pharmacy license.

(c) A drug room that has changed its name, physical address, or ownership must notify the board on a form or in writing not later than 30 days after the change. The notification must include an attestation that a new self-inspection will be completed not later than 30 days after the start of business.

(d) An applicant for renewal of a drug room license must comply with the requirements of 12 AAC 52.300.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145; am 1/17/2007, Register 181; am 7/15/2023, Register 247; am 1/19/2024, Register 249

12 AAC 52.810 Pharmacist required

An institutional facility described in 12 AAC 52.800(a) must continuously employ a pharmacist or have a written agreement with a pharmacy or pharmacist to provide consultant pharmacist services.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145

12 AAC 52.820 Responsibilities of the consultant pharmacist

A pharmacist who, under 12 AAC 52.810, provides consultant pharmacy services shall

(1) provide evaluations and recommendations concerning drug distribution, control, and use;

(2) complete on-site reviews to ensure that drug handling and use procedures conform to AS 08.80, this chapter, and recognized standards of practice;

(3) provide drug information to facility staff and physicians;

(4) plan and participate in the facility's staff development program relating to drug distribution, control, and use;

(5) assist in establishing policies and procedures to control the distribution and administration of drugs; and

(6) document pharmacy services that are provided and maintain the documentation for a period of at least two years.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145

12 AAC 52.830 Emergency drug kits

(a) An institutional facility described in 12 AAC 52.800(b) may have a limited supply of drugs provided by a pharmacist licensed under this chapter and AS 08.80 in emergency drug kits on-site. An emergency drug kit is for use by personnel authorized to administer the drugs to patients receiving treatment within the institutional facility.

(b) The pharmacist who provides or supplies drugs in emergency drug kits shall cooperate with the prescribing practitioners on staff at the institutional facility to determine the identity and quantity of the drugs to be included in the emergency drug kits.

(1) only contain drugs that are not available from any other source in sufficient time to prevent risk of harm to patients;

(2) only contain drugs that are provided and sealed by a pharmacist;

(3) be stored in a secured area to prevent unauthorized access;

(4) be labeled on the exterior to indicate it is for use only in emergencies as described in this section; and

(5) have a list of the kit's contents posted on or near the kit.

(d) Drugs may be removed from an emergency drug kit only under a valid order from a prescribing practitioner.

(e) When the supplying pharmacist is notified that an emergency drug kit has been opened, the supplying pharmacist shall restock the kit within a reasonable time, not to exceed seven days.

(f) The supplying pharmacist shall label the exterior of an emergency drug kit to indicate the expiration date of the kit's contents. The expiration date of an emergency drug kit is the earliest expiration date of any drug supplied in the kit. When an emergency drug kit expires, the supplying pharmacist shall replace any expired drugs in the kit.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145

12 AAC 52.840 First dose kits

(a) In addition to the emergency drug kit described in 12 AAC 52.830, an institutional facility described in 12 AAC 52.800 may maintain a first dose kit for the initiation of nonemergency drug therapy to a patient receiving treatment within the institutional facility if the necessary drug is not available from a pharmacy in time to prevent risk of harm to a patient.

(b) The dispensing or consultant pharmacy for the institutional facility and the medical staff of the institutional facility are responsible for the proper storage, security, and accountability of the first dose kit.

(c) The staff of the dispensing or consultant pharmacy for the institutional facility shall determine jointly with the medical staff of the institutional facility the content and quantity of drugs to be included in the first dose kit.

History

Authority: AS 08.80.005; AS 08.80.157 AS 08.80.030; AS 08.80.390
Eff. 1/16/98, Register 145

12 AAC 52.850 Emergency distribution

In an emergency, if a drug is not otherwise available, a drug room may distribute the drug from bulk supplies to a practitioner or a pharmacist for use by a patient outside the facility, under a prescription, until the drug can be otherwise obtained.

History

Authority: AS 08.80.005; AS 08.80.157; AS 08.80.480 AS 08.80.030; AS 08.80.390
Eff. 4/4/2002, Register 162

Article 9 Controlled Substance Prescription Database

12 AAC 52.855 Registration with the prescription drug monitoring program

(a) A prescriber shall register with the prescription drug monitoring program controlled substance prescription database (PDMP) not later than 30 days after the date of initial licensure or the date of registration with the federal Drug Enforcement Administration (DEA), whichever is later.

(b) A licensed pharmacist who dispenses a schedule II, III, or IV controlled substance in this state shall register with the PDMP not more than 30 days after the pharmacist dispenses that substance for the first time.

(c) Except as provided in (a) of this section, before dispensing, prescribing, or administering a schedule II, III, or IV controlled substance under federal law, a pharmacist or practitioner required to register with the PDMP shall

(1) register online on the PDMP database by providing

(A) an electronic mail address corresponding to an electronic mail account accessible to and utilized exclusively by the registering pharmacist or practitioner;

(B) a password created by the registrant at the time of registration that meets the minimum requirements set by the PDMP database;

(C) a user role selected from the options provided by the PDMP database that most closely corresponds to the registrant's professional role;

(D) the registrant's healthcare specialty;

(E) the DEA number issued to the registrant or, if a pharmacist, the employer's DEA number; and

(2) pay the fee established in 12 AAC 02.107.

(d) After completing the registration requirements, a pharmacist or practitioner required to register with the PDMP will be issued a PDMP designation.

(e) A pharmacist or practitioner required to register with the PDMP shall access information in the PDMP database using the credentials identified in (c)(1)(A) and (B) of this section.

(f) A pharmacist or practitioner required to register with the PDMP may access information in the PDMP using another registrant's credentials only as authorized by a contract executed by the department for the purposes of AS 47.05.270.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 12/29/2011, Register 200; am 6/7/2018, Register 226; am 5/6/2021, Register 238; am 3/17/2022, Register 241; am 7/15/2023, Register 247; am 9/28/2024, Register 251

12 AAC 52.856 PDMP designation renewal

(a) A PDMP designation expires on the same date as the pharmacist's or practitioner's corresponding professional license.

(b) To renew a PDMP designation, a licensee must submit the fee established in 12 AAC 02.107 on or before the PDMP designation expiration date.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 3/17/2022, Register 241

12 AAC 52.857 Change in dispensing or distributing of controlled substances

(a) A pharmacist with a PDMP registration under 12 AAC 52.855 must notify the board on a form provided by the department when the pharmacist changes their PDMP status to no longer dispense controlled substances in this state, not later than 10 days from the date of the change in dispensing status.

(b) A pharmacist who is not required to register with the PDMP and who has met the requirements in 12 AAC 52.855(b) must comply with the requirements in 12 AAC 52.855(c) not later than 10 days from the date of a change in practice that requires the pharmacist to register with the PDMP.

(c) A pharmacy required to report to the PDMP that no longer dispenses or distributes controlled substances in or to this state must notify the board on a form provided by the department not later than 10 days from the date of the change in dispensing or distributing status.

(d) A pharmacy that obtains a DEA registration after its license is initially granted by the board must notify the board on a form provided by the department not later than 10 days from the date the DEA registration is issued to the pharmacy.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 3/17/2022, Register 241; am 1/19/2024, Register 249

12 AAC 52.860 Access to and conditions for use of the prescription drug monitoring program

(a) Access to the PDMP is limited as described in AS 17.30.200(d).

(b) For the purposes in AS 17.30.200(d)(1) of an inquiry under a search warrant, subpoena, or order issued by an administrative law judge or a court,

(1) "personnel of the board" means employees of the Department of Commerce, Community, and Economic Development assigned to the Board of Pharmacy; and

(2) "personnel of another board or agency" means an employee of this state who is assigned to a board or agency that requires a practitioner to register with PDMP.

(1) employees of the Department of Commerce, Community, and Economic Development, assigned to the Board of Pharmacy, and providing PDMP data storage or data management services; or

(2) employees of a contractor with this state who are providing PDMP data storage or data management services.

(d) For the purposes of AS 17.30.200(d)(3) and (4), a licensed practitioner or licensed or registered pharmacist authorizing an agent or employee to access the PDMP is responsible for maintaining and terminating the agent or employee's access to the PDMP.

(e) For the purposes of AS 17.30.200(d)(8) and (10), "authorized employee of the Department of Health" means an employee of the Department of Health for whom that department's commissioner or commissioner's official designee has requested access in writing to the board before the release of information.

(f) For the purposes of AS 17.30.200(d)(9), "state medical examiner" means an employee of the State Medical Examiner's Office who has requested access in writing to the board before the release of information.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 12/29/2011, Register 200; am 6/7/2018, Register 226; am 12/28/2022, Register 244

12 AAC 52.865 Reporting and reviewing PDMP information

(a) Unless excused from reporting under AS 17.30.200(t), a pharmacist-in-charge must submit information on behalf of the employing pharmacy required under AS 17.30.200(b) and other information required by the American Society of Automation in Pharmacy (ASAP), as specified in the Appriss Health, PMP AWARxE Data Submission Guide for Dispensers, Alaska Prescription Drug Monitoring Program, Version 2.2, April 2021, adopted by reference. If the pharmacist-in-charge is not present, a pharmacist or third-party vendor may report on behalf of the pharmacy. A practitioner, practitioner's delegate, or third-party vendor may also report on behalf of the practitioner.

(b) Unless excused from reporting under AS 17.30.200(t), a pharmacist or practitioner required to submit information under AS 17.30.200(b) must submit the information to the PDMP daily. Information regarding a schedule II, III, or IV controlled substance prescribed by a veterinarian and dispensed by a pharmacist must be submitted by the pharmacist. Nothing affects the inapplicability of this section to veterinarians under AS 17.30.200(u).

(c) If the pharmacist or practitioner did not dispense any Schedule II, III, or IV controlled substances on the previous day, the pharmacist or practitioner must submit a zero report.

(d) The time computation under 12 AAC 02.920(b) applies to a submission of information under AS 17.30.200(b) and this section.

(e) For the purposes of AS 17.30.200(b)(1), "other appropriate identifier" and for the purposes of 17.30.200(b)(8), "other appropriate identifying information" mean the state-issued license number of the prescribing practitioner and state-issued license number of the dispensing pharmacist or practitioner.

(f) Not later than 72 hours after discovering an error in information submitted under AS 17.30.200(b), a pharmacist or practitioner required to submit the information under AS 17.30.200(b) must notify the PDMP administrator. The time computation under 12 AAC 02.920(b) applies to a submission of information correcting an error in information submitted under AS 17.30.200(b).

(g) Unless excused from reporting under AS 17.30.200(t), or a waiver is granted under 12 AAC 52.870, a pharmacist or practitioner required to submit information under AS 17.30.200(b) must submit the information to the PDMP electronically through the website provided by the board.

(h) Unless excused from reviewing the PDMP under AS 17.30.200(k)(4)(A) - (B), a practitioner, but not a pharmacist, must review the information in the PDMP to check a patient's prescription records before dispensing, prescribing, or administering a schedule II or III controlled substance under federal law.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 12/29/2011, Register 200; am 6/7/2018, Register 226; am 12/28/2022, Register 244; am 1/19/2024, Register 249

12 AAC 52.870 Waiver of electronic submission requirement by pharmacist or practitioner

(a) The department shall waive the electronic submission requirements of 12 AAC 52.865(g) for good cause. The pharmacist or practitioner requesting the waiver is responsible for establishing the basis for the requested waiver under this section.

(b) To establish good cause for purposes of this section, a pharmacist or practitioner must submit an application and sworn statement showing that

(1) a natural disaster or other emergency beyond the control of the pharmacist or practitioner prevents the pharmacist or practitioner from complying with 12 AAC 52.865(g);

(2) the pharmacist or practitioner will only dispense controlled substances as part of a controlled research project approved by an accredited institution of higher education or under the supervision of a government agency;

(3) the pharmacist's or practitioner's business is located in an area that lacks access to the telecommunication services needed to comply with 12 AAC 52.865(g); or

(4) the pharmacist or practitioner will suffer financial hardship if required to acquire the technology necessary to comply with 12 AAC 52.865(g).

(c) The department may not grant a waiver under this section unless the pharmacist or practitioner first agrees in writing that, if the waiver is granted, the pharmacist or practitioner will satisfy the reporting requirements of AS 17.30.200(b) by submitting the required information by United States mail to the board on at least a daily basis using a form approved by the board

(d) A request for a waiver under this section must be in writing using an application form provided by the board and sent to the board.

(e) The department's grant or denial of a waiver request constitutes a final agency action unless, no later than 30 days after the department issues notice of the grant or denial, the pharmacist or practitioner files a written notice of appeal with the board.

(f) A waiver granted under this section expires at the end of the year in which it is granted.

(g) A pharmacist or practitioner must inform the board within 30 days if the basis for the waiver of electronic reporting no longer exists.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 12/29/2011, Register 200; am 6/7/2018, Register 226; am 12/28/2022, Register 244

12 AAC 52.875 Solicited requests for information from non-registered persons

(a) A patient authorized under AS 17.30.200(d)(6) to receive information from the controlled substance prescription database, the patient's authorized agent, or in the case of a unemancipated minor unable to give consent for medical services under AS 25.20.025(a), the minor's parent or legal guardian, may request profile information from the controlled substance prescription database concerning the patient if the person requesting the information

(1) submits the request on a form provided by the board;

(2) pays a $10 fee; and

(3) does one of the following:

(A) if a patient, presents to the department, in person, government-issued photographic identification confirming the patient's identity as the same person on whom profile information is sought;

(B) if a patient, submits a signed and notarized request

(i) verifying that the patient is the same person on whom profile information is sought; and

(ii) providing the patient's full name, address, and date of birth;

(i) verification that the person requesting the information is the parent, legal guardian, or legal administrator of a minor, incapacitated person, or deceased person on whom profile information is sought; and

(ii) if the person is a parent or legal guardian of a patient who is a minor, verification that the patient is not an emancipated minor legally able to consent to medical treatment under AS 25.20.025.

(b) Profile information may be

(1) disseminated in person; or

(2) mailed certified mail, return receipt requested, no later than five days after the date that the department receives a request that meets the requirements of this section.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 12/29/2011, Register 200

12 AAC 52.880 Reports

(a) The board will maintain a register for patient profile requests solicited under 12 AAC 52.875. The register includes the following information:

(1) the date on which the request was received;

(2) the name of the patient and the patient's date of birth;

(3) the name, title, and address of the individual requesting the profile;

(4) the date on which the information was disseminated, mailed, or sent by facsimile transmission.

(b) The register and the information in it are confidential and may only be accessed subject to the restrictions set out in AS 17.30.200(d) and 12 AAC 52.855 - 12 AAC 52.890.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 12/29/2011, Register 200; am 6/7/2018, Register 226

12 AAC 52.885 Purged database records

The following information will be purged from the PDMP database after two years have elapsed from the date the prescription was dispensed:

(1) the name of the prescribing practitioner and the practitioner's federal Drug Enforcement Administration registration number or other appropriate identifier;

(2) the date of the prescription;

(3) the date the prescription was filled and the method of payment;

(4) the name, address, and date of birth of the person for whom the prescription was written;

(5) the name and national drug code of the controlled substance;

(6) the quantity and strength of the controlled substance dispensed;

(7) the name of the drug outlet dispensing the controlled substance; and

(8) the name of the pharmacist or practitioner dispensing the controlled substance and other appropriate identifying information.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 6/7/2018, Register 226

12 AAC 52.890 Grounds for discipline

A violation of 12 AAC 52.855 - 12 AAC 52.885 by a pharmacist is grounds for the imposition of disciplinary sanctions under AS 08.01.075 and AS 08.80.261. A violation of 12 AAC 52.855 - 12 AAC 52.885 by a practitioner not licensed by this board shall be reported to the practitioner's licensing board.

History

Authority: AS 08.80.005; AS 08.80.030; AS 17.30.200
Eff. 12/29/2011, Register 200; am 6/7/2018, Register 226

12 AAC 52.895 Correcting information in database

(a) To request a correction under AS 17.30.200(k)(2) to information in the controlled substance prescription database concerning a person, that person must submit to the board

(1) on a form or in a format prescribed by the board,

(A) a description of the information asserted to be incorrect, and the correction requested;

(B) the mailing and physical address and telephone number of the requester; and

(2) documentation to support the correction requested; and

(3) proof of the requester's identity.

(b) If the board determines that it

(1) has sufficient information to make a determination, the board will

(A) notify the requester that the request is granted; or

(B) issue a written denial of the request, if the board determines that the information for which a correction was requested is accurate and complete; in the denial, the board will notify the requester that the requester may request, in accordance with (c) of this section, an administrative hearing to contest the denial;

(2) lacks sufficient information to grant or deny the request, the board

(A) will request additional information from the requester; and

(B) will not act on the request until after the additional information is received.

(c) If the board receives, no later than 30 days after it issues a denial under (b)(1)(B) of this section, a written request for an administrative hearing, the board will conduct an administrative hearing of the denial through the Office of Administrative Hearings in accordance with AS 44.62 (Administrative Procedure Act) and AS 44.64. If the board does not receive a request, the denial is a final administrative decision for purposes of judicial review.

History

Authority: AS 08.80.005; AS 08.80.050 AS 08.80.030; AS 17.30.020
Eff. 11/16/2012, Register 204

Article 10 Disciplinary Guidelines

12 AAC 52.900 Purpose of disciplinary guidelines

The disciplinary guidelines in 12 AAC 52.900 - 12 AAC 52.980 are established to ensure the board's disciplinary policies are known and are administered consistently and fairly.

History

Authority: AS 08.80.005; AS 08.80.261 AS 08.80.030; AS 08.80.450
Eff. 1/16/98, Register 145

12 AAC 52.910 Violations

(a) A person who is licensed under AS 08.80 and this chapter who, after a hearing under AS 44.62 (Administrative Procedure Act), is found to have violated a provision of AS 08.80 or this chapter is subject to the disciplinary penalties listed in AS 08.01.075, including public notice of the violation and penalty in appropriate publications.

(b) Nothing in the guidelines set out in 12 AAC 52.920 prohibits the board from imposing greater or lesser penalties than those described in 12 AAC 52.920 or restricting the practice of a licensee depending upon the circumstances of a particular case.

History

Authority: AS 08.80.005; AS 08.80.261 AS 08.80.030; AS 08.80.450
Eff. 1/16/98, Register 145

12 AAC 52.920 Disciplinary guidelines

(a) In addition to acts specified in AS 08.80 or elsewhere in this chapter, each of the following constitutes engaging in unprofessional conduct and is a basis for the imposition of disciplinary sanctions under AS 08.01.075:

(1) knowingly dispensing a drug under a forged, altered, or fraudulent prescription drug order;

(2) dispensing drugs to an individual or individuals in quantities, dosages, or for periods of time that grossly exceed standards of practice, approved labeling of the federal Food and Drug Administration, or the guidelines published in professional literature; this paragraph does not apply to prescriptions dispensed to persons with intractable pain or to a narcotic drug dependent person in accordance with the requirements of 21 C.F.R. 1306.07, as amended as of February 6, 1997;

(3) delivering or offering to deliver a prescription drug in violation of AS 08.80 or this chapter;

(4) acquiring, possessing, or attempting to possess prescription drugs in violation of AS 08.80, AS 11.71, or this chapter;

(5) distributing prescription drugs to a practitioner or a pharmacy not in the course of professional practice or in violation of AS 08.80 or this chapter;

(6) refusing or failing to keep, maintain, or furnish any record, notification, or information required in AS 08.80 or this chapter;

(7) refusing entry into a pharmacy for an inspection authorized by AS 08.80 or this chapter;

(8) making a false or fraudulent claim to a third party for reimbursement for pharmacy services;

(9) operating a pharmacy in an unsanitary manner;

(10) making a false or fraudulent claim concerning a drug;

(11) refilling a prescription drug order for a period of time in excess of one year from the date of issue of that prescription drug order;

(12) violating the provisions of a board order or memorandum of agreement;

(13) failing to provide information or providing false or fraudulent information on an application, notification, or other document required in AS 08.80 or this chapter;

(14) for the following licensees, failing to establish or maintain effective controls against the diversion or loss of prescription drugs or prescription drug records, or failing to ensure that prescription drugs are dispensed in compliance with state and federal laws and regulations:

(A) a pharmacist-in-charge of a pharmacy;

(B) a sole proprietor or individual owner of a pharmacy;

(D) a managing officer of a corporation, association, or joint-stock company owning a pharmacy;

(15) acts or omissions within the practice of pharmacy that fail to meet the standard of care,

(16) knowingly delegating a function, task, or responsibility that is part of the practice of pharmacy to a person who is not licensed to perform that function, task, or responsibility when the delegation is contrary to AS 08.80 or this chapter or the delegation involves a substantial harm or risk to a patient;

(17) failing to exercise adequate supervision over a person who is authorized to practice only under the supervision of a pharmacist;

(18) violating AS 08.80.315 dealing with the confidentiality of records;

(19) discriminating on the basis of race, religious creed, color, national origin, ancestry, or sex in the provision of a service that is part of the practice of pharmacy;

(20) offering, giving, soliciting, or receiving compensation for referral of a patient; or

(21) violating AS 08.80.261(a)(3).

(22) violating AS 17.30.200 or a regulation adopted under AS 08.08.030 or AS 17.30.200 dealing with the PDMP.

(b) The board will, in its discretion, revoke a license if the licensee

(1) commits a violation that is a second offense;

(2) violates the terms of probation from a previous offense;

(3) violates AS 08.80.261(a)(1) or (4);

(4) intentionally or negligently engages in conduct that results in a significant risk to the health or safety of a patient or injury to a patient;

(5) is professionally incompetent if the incompetence results in risk of injury to a patient.

(c) The board will, in its discretion, suspend a license for up to two years followed by probation of not less than two years if the licensee

(1) wilfully or repeatedly violates AS 08.80 or this chapter; or

(2) is professionally incompetent if the incompetence results in the public health, safety, or welfare being placed at risk.

(d) The board will review, on an individual basis, the need for revocation or limitation of a license of a licensee who practices or attempts to practice while afflicted with a physical or mental illness, deterioration, or disability that interferes with the individual's practice of pharmacy.

History

Authority: AS 08.01.075; AS 08.80.261; AS 17.30.200 AS 08.80.005; AS 08.80.315 AS 08.80.030; AS 08.80.460
Eff. 1/16/98, Register 145; am 6/7/2018, Register 226; am 1/19/2024, Register 249

12 AAC 52.925 Grounds for denial or discipline for criminal history

(a) As used in AS 08.80.261 and this chapter, crimes that affect the applicant's or licensee's ability to practice competently and safely include

(1) murder;

(2) manslaughter;

(3) criminally negligent homicide;

(4) assault;

(5) sexual assault;

(6) sexual abuse of a minor;

(7) unlawful exploitation of a minor, including possession or distribution of child pornography;

(8) incest;

(9) indecent exposure;

(10) robbery;

(11) extortion;

(12) stalking;

(13) kidnapping;

(14) theft;

(15) burglary;

(16) forgery;

(17) endangering the welfare of a child;

(18) endangering the welfare of a vulnerable adult;

(19) unlawful distribution or possession for distribution of a controlled substance; for purposes of this paragraph, "controlled substance" has the meaning given in AS 11.71.900;

(20) reckless endangerment.

(b) Convictions of an offense in another jurisdiction with elements similar to an offense listed in (a) of this section affect the applicant's or licensee's ability to practice competently and safely.

History

Authority: AS 08.01.075; AS 08.80.030; AS 08.80.261
Eff. 10/31/2019, Register 232

12 AAC 52.930 Terms of probation

The board may subject a licensee who is placed on probation to one or more of the following terms of probation, and to other relevant terms of probation, including those in 12 AAC 52.940 - 12 AAC 52.960:

(1) obey all laws pertaining to the practice of pharmacy in this state;

(2) fully comply with the probation program established by the board and cooperate with representatives of the board;

(3) notify the board in writing of the dates of departure and return if the licensee leaves the state to reside or practice pharmacy outside the state;

(4) report in person at meetings of the board or to its designated representatives during the period of probation, as directed by the board;

(5) submit written reports and verification of actions as required by the board during the period of probation;

(6) if employed in the practice of pharmacy at any time during the period of probation, have the employer submit to the board verification that the employer understands the conditions of probation;

(7) be employed as a pharmacist only in a setting in which full supervision is provided and not personally act as a supervisor.

History

Authority: AS 08.01.075; AS 08.80.030 AS 08.80.005; AS 08.80.261
Eff. 1/16/98, Register 145; am 9/28/2024, Register 251

12 AAC 52.940 Use of alcohol or controlled substances

(a) In addition to one or more of the terms of probation set out in 12 AAC 52.930, the board may subject a licensee placed on probation for the habitual abuse of alcohol or illegal use of controlled substances to one or more of the following:

(1) physical and mental health examinations as determined by the board to evaluate the licensee's ability to perform the professional duties of a pharmacist;

(2) as determined by the board, participation until completion in an ongoing program of rehabilitative counseling, Alcoholics Anonymous, Narcotics Anonymous, or an impaired practitioner group that includes progress reports from the care provider when requested by the board;

(3) abstention from the personal use of alcohol or controlled substances in any form, except when lawfully prescribed by a practitioner licensed to practice in the state;

(4) submitting to tests and samples required for the detection of alcohol or controlled substances at the request of the board or the board's representative.

(b) The board may restrict a licensee's access to a controlled substance in the work setting.

(c) The board may offer a licensee subject to this section an opportunity to participate in an alternative to probation program. A licensee that participates in an alternative to probation program shall meet the probation terms required by the board under the alternative to probation program. The board will keep a licensee's participation in an alternative to probation program confidential, except as required by law.

History

Authority: AS 08.01.075; AS 08.80.030 AS 08.80.005; AS 08.80.261
Eff. 1/16/98, Register 145; am 9/28/2024, Register 251

12 AAC 52.950 Probation terms for professional incompetence

In addition to one or more of the terms of probation set out in 12 AAC 52.930, a licensee placed on probation after being found professionally incompetent may be subject to one or more of the following terms of probation:

(1) successful completion of an appropriate course or courses in pharmacy, as determined by the board, before the end of the probationary period; or

(2) participation in 15 contact hours of appropriate continuing education in pharmacy.

History

Authority: AS 08.01.075; AS 08.80.030 AS 08.80.005; AS 08.80.261
Eff. 1/16/98, Register 145

12 AAC 52.960 Mental or physical disabilities

In addition to one or more of the terms of probation set out in 12 AAC 52.930, a licensee placed on probation for practicing or attempting to practice pharmacy while afflicted with a physical or mental illness, deterioration, or disability that interferes with the licensee's performance of pharmacy may be subject to a physical or mental health examination to evaluate the licensee's ability to perform the professional duties of a pharmacist and if medically determined to be necessary, may be required to participate in and complete a recommended treatment program that includes written progress reports from the care provider when requested by the board.

History

Authority: AS 08.01.075; AS 08.80.261 AS 08.80.030; AS 08.80.450
Eff. 1/16/98, Register 145

12 AAC 52.970 Reinstatement of a suspended license

The board may reinstate a suspended license only if the requirements of the suspension order have been met.

History

Authority: AS 08.01.075; AS 08.80.030 AS 08.80.005; AS 08.80.261
Eff. 1/16/98, Register 145

12 AAC 52.980 Reinstatement of a revoked license

(a) One year after revocation of a license, a licensee may apply to the board in writing for reinstatement of the license.

(b) The applicant for reinstatement shall appear before the board.

History

Authority: AS 08.01.075; AS 08.80.030 AS 08.80.005; AS 08.80.261
Eff. 1/16/98, Register 145

Article 11 General Provisions

12 AAC 52.985 Emergency preparedness

(a) If, as a consequence of a disaster or terrorist attack, a disaster emergency is declared by the governor that results in the inability to refill existing prescriptions, the board will cooperate with the state, borough, city, or town to assist in the provision of drugs, devices, and professional services to the public.

(b) If, as a consequence of a disaster or terrorist attack, a disaster emergency is declared by the governor of another state or territory, or a province of Canada which results in an individual being temporarily relocated to Alaska who is unable to refill an existing prescription, the board will assist in the provision of drugs, devices, and professional services to the relocated individual.

(d) Repealed 4/3/2020.

(e) To assist during an emergency, a pharmacist who is not licensed in this state may apply for emergency licensure in accordance with 12 AAC 52.110.

(f) During a disaster emergency declared by the governor of this state,

(1) a pharmacist or pharmacist intern may administer immunizations, in accordance with 12 AAC 52.992, without obtaining or maintaining a CPR certificate;

(2) repealed 5/19/2024;

(3) an application under 12 AAC 52.070, 12 AAC 52.092, 12 AAC 52.095, 12 AAC 52.120, 12 AAC 52.423, 12 AAC 52.610, 12 AAC 52.696, and 12 AAC 52.697 does not need to be notarized.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 10/31/2019, Register 232; am 4/3/2020, Register 234; am 8/30/2020, Register 235; am 5/19/2024, Register 250

12 AAC 52.990 Display of license certificate

A licensee shall conspicuously display, in the practice site, the licensee's current license certificate.

History

Authority: AS 08.80.005; AS 08.80.030
Eff. 1/16/98, Register 145; am 6/2/2004, Register 170; am 12/28/2022, Register 244

12 AAC 52.991 Disciplinary decision or conviction reporting requirement

(a) A licensee shall report in writing to the board any disciplinary decision, felony charge, or criminal conviction issued against the licensee not later than 30 days after the date of the disciplinary decision, felony charge, or criminal conviction.

(b) A licensed facility shall report in writing to the board any disciplinary decision, including a voluntary suspension or revocation issued by a federal, state, or local government of a license currently or previously held, or any felony charge or criminal conviction under federal, state, or local law of an owner, designated representative, pharmacist-in-charge, or officer of the licensed facility not later than 30 days after the date of the disciplinary decision, felony charge, or criminal conviction.

History

Authority: AS 08.01.075; AS 08.80.030; AS 08.80.315 AS 08.80.005; AS 08.80.261; AS 08.80.460
Eff. 9/17/2011, Register 199; am 4/16/2016, Register 218; am 6/29/2018, Register 226; am 1/19/2024, Register 249

12 AAC 52.992 Administration of vaccines, epinephrine, and related emergency medications

(a) Before a pharmacist or pharmacy technician who holds a national certification or a pharmacist intern acting under the supervision of a pharmacist may administer a human vaccine or related emergency medication to a patient who does not have immunization contraindications as listed by the CDC, FDA, or manufacturer's package insert, or to a patient under a prescription drug order from a prescriber, the pharmacist or pharmacy technician who holds a national certification or pharmacist intern acting under the supervision of a pharmacist

(1) must successfully complete a course accredited by the ACPE or a comparable course for pediatric, adolescent, and adult immunization practices;

(2) must maintain certification and keep documentation in adult and pediatric cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) training;

(3) who has not administered a vaccine during the past 10 years, must successfully complete a course set out under (1) of this subsection; and

(4) must adhere to the applicable provisions of 12 AAC 52.320 and 12 AAC 52.325, including continuing education requirements under 12 AAC 52.320(e).

(b) A pharmacy that administers a human vaccine or related emergency medication under this section

(1) must stock the following emergency medications in an emergency medication kit that is separate from the regular dispensing inventory and that is carried by the pharmacist if providing off-site immunizations:

(A) oral and injectable diphenhydramine; and

(B) adult and pediatric auto-inject epinephrine devices or injectable epinephrine;

(2) must maintain a policies and procedures manual detailing the immunization practices that must be followed; the policies and procedures manual must

(A) designate either the pharmacist-in-charge or an assigned vaccine coordinator who will be responsible for maintaining the policies and procedures manual;

(B) document that the policies and procedures manual has been reviewed and updated annually;

(C) address how vaccine-related adverse reactions are to be reported to the CDC's and FDA's Vaccine Adverse Event Reporting System (VAERS);

(D) address proper vaccine storage, handling, and maintenance, including maintaining manufacturer-recommended temperatures during transportation of vaccines;

(E) address proper disposal of used or contaminated supplies;

(F) contain a written emergency protocol for handling accidental needlesticks and adverse reactions, including the administration of related emergency medications; and

(G) detail how records must be kept;

(3) must have access to the CDC's Epidemiology and Prevention of Vaccine-Preventable Diseases, 14th edition, 2021, adopted by reference, for reference to routinely used vaccines and the diseases they prevent; and

(4) must display the licensee's certification of completing an immunization course described in (a)(1) of this section

(c) A pharmacist or pharmacy technician who holds a national certification or a pharmacist intern acting under the supervision of a pharmacist administering a human vaccine must

(1) offer the patient or the patient's agent the current vaccine information statement (VIS) issued by the CDC for each vaccine administered; and

(2) comply with 7 AAC 27.650.

(d) A pharmacist may independently administer epinephrine auto-injectors.

(e) A pharmacist may independently prescribe epinephrine auto-injectors to a person who has completed an epinephrine auto-injector training program approved by the board under AS 17.22.020(b).

(f) Failure to comply with this section constitutes unprofessional conduct and is a basis for the imposition of disciplinary sanctions under AS 08.01.075.

(g) In this section,

(1) "CDC" means the United States Department of Health and Human Services, Centers for Disease Control and Prevention;

(2) "FDA" means the United States Food and Drug Administration.

History

Authority: AS 08.01.075; AS 08.80.116; AS 08.80.261 AS 08.80.030; AS 08.80.168; AS 08.80.480
Eff. 7/9/2017, Register 223; am 4/3/2020, Register 234; am 5/19/2023, Register 246; am 1/19/2024, Register 249

12 AAC 52.993 Executive administrator

The executive administrator may

(1) review and approve continuing education competency audits; audits that are not in compliance must be reviewed by a board member;

(2) attend state or national meetings or conferences on behalf of the board;

(3) work with the National Association of Boards of Pharmacy (NABP) on behalf of the board;

(4) work with the board chair and vice-chair in evaluation of questions posed to the board regarding AS 08.80 or 12 AAC 52;

(5) work with regulations specialist to draft and make regulatory amendment recommendations to 12 AAC 52 to the board.

(6) review and approve applications for licensure as long as the applicant meets the requirements established for the license type for which the applicant is applying.

History

Authority: AS 08.80.005; AS 08.80.030; AS 08.80.270
Eff. 10/31/2019, Register 232; am 7/7/2022, Register 243; am 1/19/2024, Register 249

12 AAC 52.994 Independent dispensing of opioid overdose drugs by pharmacists

(a) A pharmacist may independently dispense an opioid overdose drug approved for use as an opioid overdose drug by the United States Food and Drug Administration. Before a pharmacist independently dispenses an opioid overdose drug to a recipient, the pharmacist shall

(1) in accordance with 12 AAC 52.340, complete a single training session that consists of one hour of continuing education specific to the use of an opioid overdose drug;

(2) question the recipient to determine if there are any known contraindications to opioid overdose drug usage for the potential user; and

(3) provide the recipient information about opioid overdose prevention, recognition, and response to opioid overdose drugs.

(b) A pharmacist may

(1) supply an opioid overdose drug as

(A) an intramuscular injection;

(B) an intranasal spray;

(D) any other product forms approved by the United States Food and Drug Administration; and

(2) recommend other optional items when appropriate, including

(A) alcohol pads;

(B) rescue breathing masks; or

(1) the pharmacist shall

(A) label the drug in accordance with 12 AAC 52.480;

(B) ensure that the label includes appropriate directions; the label may not consist of the sole direction "use as directed";

(D) document the drug as a prescription in the medication record of the recipient in accordance with 12 AAC 52.450;

(2) the pharmacist may

(A) in accordance with 12 AAC 52.585, provide the recipient with counseling and information on the drug furnished, including

(i) dosing;

(ii) administration;

(iii) effectiveness;

(iv) adverse effects;

(v) storage conditions;

(vi) shelf life; and

(vii) safety;

(B) offer the recipient information or referrals to appropriate resources including information about addiction treatment, recovery services, or medication disposal resources, if the recipient indicates interest in that information.

(d) Nothing in this section restricts the ability of a pharmacist to furnish an opioid overdose drug by means of an authorized practitioner prescription under 12 AAC 52.460 or 12 AAC 52.490.

(e) In this section,

(1) "opioid overdose drug"

(A) has the meaning given in AS 08.80.168;

(B) includes naloxone hydrochloride;

(2) "recipient" means the person to whom an opioid overdose drug is furnished.

History

Authority: AS 08.80.030; AS 08.80.168; AS 08.80.480
Eff. 11/26/2016, Register 220

12 AAC 52.995 Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "ACPE" means Accreditation Council for Pharmacy Education;

(2) "approved program" means a continuing education activity that is a live program, home study, or other mediated instruction delivered by an approved or accredited provider;

(3) "approved provider" means an individual, institution, organization, association, corporation, or agency offering an approved program under 12 AAC 52.340 and is not an accredited provider;

(4) "authorized inspector" means a member of the board or an investigator with the division assigned occupational licensing functions in the department;

(5) "blood" means whole blood collected from a single donor and processed either for transfusion or further manufacturing;

(6) "blood component" means that part of blood separated by physical or mechanical means;

(7) "board" means the Alaska Board of Pharmacy;

(8) "care provider" means a person or organization that by the nature of experience and training is qualified, in the opinion of the board, to provide substance abuse counseling, rehabilitation, or related services to the public through established and recognized treatment programs;

(9) "consultant pharmacist" means a licensed pharmacist retained by written agreement with an institutional facility to consult on a routine basis with an institutional facility about the practice of pharmacy as it relates to that facility;

(10) "contact hour" means a unit of measure of educational credit that is equivalent to approximately 50 minutes of participation in an organized learning experience; a continuing education unit or "CEU" is equivalent to ten contact hours;

(11) "DEA" means the United States Drug Enforcement Administration;

(12) "department" means the Department of Commerce, Community, and Economic Development;

(13) "direct supervision" means supervision that ensures adequate safety controls either by personal supervision or through a telepharmacy system;

(14) "home study" and "other mediated instruction" mean continuing education activities that are not conducted as live programs, including audio tapes, video tapes, television, computer assisted instruction, journal articles, or monographs;

(15) "institutional facility" means a

(A) hospital;

(B) long-term care facility, including a nursing home, convalescent home, or other related facility;

(D) rehabilitation center;

(E) psychiatric center;

(F) developmental disability center;

(G) drug abuse treatment center;

(H) family planning clinic;

(I) penal institution;

(J) hospice; or

(K) public health facility;

(16) "institutional pharmacy" means a pharmacy located in an institutional facility;

(17) "licensee" means a person who is licensed under AS 08.80 and this chapter;

(18) "live program" means an on-site continuing education activity, including a lecture, symposium, live teleconference, or workshop;

(19) "sterile pharmaceutical" means a drug dosage form free from living microorganisms (aseptic);

(20) "wholesale distribution"

(A) means distribution of prescription drugs to a person other than a consumer or patient;

(B) does not include

(i) an activity described in 12 AAC 52.695; or

(ii) a manufacturer's distribution of the manufacturer's own manufactured drugs or devices;

(21) "central pharmacy" means a pharmacy providing remote pharmacy services through a telepharmacy system;

(22) "personal supervision" means supervision that includes visual or physical proximity to ensure adequate safety controls;

(23) "pharmacy" includes a central pharmacy and a remote pharmacy;

(24) "remote pharmacy" means a facility that provides pharmacy services, including the storage and distribution of prescription drugs, drug regimen review, and patient counseling through a telepharmacy system;

(25) "still image capture" means a specific image captured electronically from a video or other image capture device;

(26) "store and forward" means a video or still image record that is saved electronically for future review;

(27) "telepharmacy system" means a system under the direct supervision of a licensed pharmacist that monitors the dispensing and distribution of prescription drugs and provides for related drug use review and patient counseling services through a computer link and a video link with sound;

(28) "accredited provider" means an individual, institution, organization, association, corporation, or agency that is recognized by the ACPE as able to provide quality continuing education programs;

(29) "filling pharmacist" means a pharmacist participating in shared pharmacy services that processes or fills a prescription order for a patient;

(30) "filling pharmacy" means a pharmacy participating in shared pharmacy services that processes or fills a prescription order for a patient;

(31) "requesting pharmacist" means a pharmacist participating in shared pharmacy services that forwards a prescription order to another participating pharmacy or pharmacist to be processed or filled;

(32) "requesting pharmacy" means a pharmacy participating in shared pharmacy services that forwards a prescription order to another participating pharmacy to be processed or filled;

(33) "shared pharmacy services" means a system allowing the processing by a participating pharmacist or a pharmacy of a request from another participating pharmacist or pharmacy to enter or review a prescription drug order or process or fill a prescription drug order, including dispensing or distributing, drug utilization review, claims adjudication, refill authorizations, therapeutic interventions, counseling, monitoring of drug therapy, and institutional order review;

(34) "dispenser" means a practitioner who delivers a controlled substance to an ultimate user or research subject under the lawful order of a practitioner; in this paragraph, "delivers" includes the prescribing and administering of a controlled substance and the packaging, labeling, or compounding necessary to prepare the substance for delivery;

(35) "profile" means a compilation of data concerning a patient, a dispenser, a practitioner, or a controlled substance;

(36) "PDMP" means the prescription drug monitoring program's controlled substance prescription database.

(37) "moral turpitude" includes conduct that is considered contrary to community standards of justice, honesty, or good morals.

(38) "pharmacy technician who holds a national certification" means a pharmacy technician, licensed by the board, who obtains and maintains an active national certification through the Pharmacy Technician Certification Board (PTCB) or the National Healthcareer Association (NHA).

(39) "automated distribution kiosk" means a vending machine that stores and distributes prescription drugs or devices and maintains a record of transactions initiated or completed;

(40) "manufacturer" means a person or entity, including a virtual manufacturer, engaged in the manufacturing of drugs or devices;

(41) "virtual manufacturer" means a manufacturer that sells a prescription drug or device but never physically possesses the product;

(42) "facility" means a pharmacy, wholesale drug distributor, drug room, remote pharmacy, third-party logistics provider, outsourcing facility, or manufacturer who is licensed under AS 08.80 and this chapter;

(43) "Internet-based pharmacy" means a person, entity, or Internet website that knowingly or intentionally delivers, distributes, or dispenses, or offers or attempts to deliver, distribute, or dispense prescription drugs or devices by means of the Internet;

(44) "standard of care" means care provided by a licensee that is within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent licensee with similar education, training, and experience;

(45) "NAPLEX" means the North American Pharmacy Licensing Examination, administered by the National Association of Boards of Pharmacy;

(46) "owner", within the meaning given in AS 08.80.480, includes a person or entity who is the legal operator of a licensed pharmacy or facility and is assigned a unique federal employer identification number (EIN) for the transaction of business;

(47) "change of ownership"

(A) means a change in the federal employer identification number (EIN) at the parent level, or any transfer of a beneficial interest in a business entity licensed or registered by the board to any person or entity in which the transfer results in the transferee's holding 50 percent or more of the beneficial interest in that license or registration; a person or entity that engages in a change of ownership includes

(i) an individual who sells a pharmacy or facility;

(ii) an individual who enters into a partnership with others;

(iii) an individual who becomes incorporated;

(iv) a partnership who sells a pharmacy or facility;

(v) a partnership whose membership changes and dissolves;

(vi) a partnership who becomes incorporated;

(vii) a corporation that sells or disposes all assets;

(viii) a corporation that changes from a limited liability corporation to a corporation; or

(ix) a corporation that merges into or consolidates with another corporation;

(B) does not include

(i) an individual incorporating only the individual incorporates only the individual, without other shareholders;

(ii) an individual or entity that engages in a stock change of 20 percent or less; or

(iii) a managing officer who transfers from or leaves the job position, and the change in managing officers does not result in a change described in (A) of this paragraph.

(b) In AS 08.80.315(3), "other persons or governmental agencies" include investigators for the department who are assigned to conduct investigations under AS 08.

(c) In AS 08.80.030(b)(7), "monitoring of drug therapy" means a review of the drug therapy regimen of patients by a pharmacist for the purpose of evaluating and rendering advice to the prescribing practitioner regarding adjustment of the regimen. "Monitoring of drug therapy" includes

(1) collecting and reviewing records of patient drug use histories;

(2) measuring and reviewing routine patient vital signs, including pulse, temperature, blood pressure, and respiration; and

(3) ordering and evaluating the results of laboratory tests relating to drug therapy, including blood chemistries and cell counts, drug levels in blood, urine, tissue, or other body fluids, and culture and sensitivity tests that are performed in accordance with a written protocol under 12 AAC 52.240.

(d) In AS 17.30.200 and 12 AAC 52.855 - 12 AAC 52.895, "practitioner" has the meaning given in AS 11.71.900.

(e) In 12 AAC 52.610 - 12 AAC 52.697, "designated representative" means the responsible manager who serves as the supervisor or manager and is responsible for ensuring that the third-party logistics provider, wholesale drug distributor, outsourcing facility, or manufacturer is in compliance with all state and federal laws and regulations pertaining to the operations.

History

Authority: AS 08.80.005; AS 08.80.159; AS 17.30.900 AS 08.80.030; AS 11.71.900 AS 08.80.157; AS 17.30.200
Eff. 1/16/98, Register 145; am 5/5/2000, Register 154; am 11/10/2001, Register 160; am 8/21/2002, Register 163; am 2/15/2006, Register 177; am 8/12/2007, Register 183; am 9/11/2010, Register 195; am 12/29/2011, Register 200; am 8/1/2014, Register 211; am 6/7/2018, Register 226; am 10/31/2019, Register 232; am 4/3/2020, Register 234; am 8/30/2020, Register 235; am 7/15/2023, Register 247; am 1/19/2024, Register 249; am 5/19/2024, Register 250; am 9/28/2024, Register 251

Chapter 54 State Physical Therapy and Occupational Therapy Board

Article 1 Physical Therapy Licensure by Examination

12 AAC 54.010 Officers of the board

Repealed 9/26/91.

12 AAC 54.020 Board meetings

Renumbered as 12 AAC 54.960, 9/26/91.

12 AAC 54.030 Requirements for physical therapy license by examination

(a) An applicant for a physical therapist or a physical therapist assistant license by examination, other than an applicant who is a graduate of a school of physical therapy that is located outside of the United States, shall submit a completed application on a form prescribed by the board with

(1) payment of the fees established in 12 AAC 02.320;

(2) the applicant's certified transcript sent directly to the department from a physical therapy school meeting the requirements of AS 08.84.030(a)(1);

(3) a signed letter of professional reference sent directly to the department on a form provided by the department from

(A) the head of the physical therapy school; or

(B) an instructor, physician, supervising physical therapist, or supervisor;

(4) the jurisprudence questionnaire prepared by the board covering the provisions of AS 08.84 and this chapter; and

(5) proof of passing examination scores, sent directly to the department from the Federation of State Boards of Physical Therapy (FSBPT).

(b) Repealed 8/7/2021.

(c) An applicant who has applied for, but not yet received, licensure in another state and who has passed the national physical therapy examination in that state may have the examination scores transferred to the board and may apply for licensure by examination under (a) of this section.

History

Authority: AS 08.84.010; AS 08.84.030; AS 08.84.040
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 9/26/91, Register 119; am 5/21/97, Register 142; am 10/20/99, Register 152; am 2/17/2002, Register 161; am 8/18/2013, Register 207; am 9/29/2019, Register 231; am 8/7/2021, Register 239; am 3/27/2024, Register 249

12 AAC 54.040 Foreign-trained physical therapy applicants

(a) A physical therapist or physical therapist assistant applicant for license by examination who received an education and qualifying degree outside of the United States must meet all requirements for licensure under AS 08.84. An applicant under this section must be a graduate from a school of physical therapy with a resident course of study and professional instruction that is

(1) substantially equivalent to a professional physical therapy education program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE); and

(2) evaluated by one of the following board-approved credential evaluation services:

(A) International Consultants of Delaware (ICD);

(B) Foreign Credentialing Commission on Physical Therapy (FCCPT);

(D) an equivalent nationally recognized company as approved by the board.

(b) To apply for a physical therapist or physical therapist assistant license by examination under this section, an applicant must submit

(1) a completed application on the form prescribed by the board;

(2) payment of the fees established in 12 AAC 02.320;

(3) a professional reference letter on a form provided by the department; the form must be signed and sent directly to the department from

(A) the head of the applicant's physical therapy school; or

(B) a professional who has knowledge of the applicant's competency, including a current or former instructor, supervising physician or physical therapist, or other supervisory professional;

(4) the jurisprudence questionnaire covering the provisions of AS 08.84 and this chapter as prepared by the board;

(5) verification that the applicant

(A) completed the internship requirements under (c) of this section; and

(B) passed the National Physical Therapy Examination; the applicant's passing scores must be sent directly to the department from the Federation of State Boards of Physical Therapy (FSBPT).

(c) A foreign-educated physical therapist or physical therapist assistant applicant shall complete an internship under the on-site supervision of a currently licensed physical therapist in an institution that meets the requirements of (d) of this section and AS 08.84.032(a)(2). The board will not consider internship hours claimed before the date the board pre-approves the internship. A foreign-educated physical therapist or physical therapist assistant applicant shall complete an internship based on

(1) a minimum of six months of full-time work, averaging not less than 35 hours per week; or

(2) part-time work averaging less than 35 hours per week, but equivalent to the total minimum number of hours required under (1) of this subsection.

(d) An institution used for an internship must have at least two full-time physical therapists on the staff licensed under this chapter and be in a clinic setting providing a varied case load to be approved by the board. A government service hospital may be used if the hospital meets the requirements of this subsection.

(e) A licensed physical therapist who serves as a preceptor to a foreign-educated intern applicant shall assume responsibility for the intern's experience and the safety and welfare of the patient.

(f) A licensed physical therapist who serves as a preceptor under this section shall directly submit a national performance evaluation tool that is recognized by the board to the department. On the tool, the preceptor shall attest to the applicant's

(1) satisfactory or unsatisfactory completion of the internship; and

(2) level of skill in completion of evaluation, program planning, therapeutic practice, potential ability to practice safely while unsupervised with sound professional judgment, and ethics related to the practice of physical therapy.

(g) If a licensed physical therapist who serves as a preceptor will not recommend to the board that the applicant is qualified to work unsupervised at the end of an internship under (c) of this section, the board may require the applicant to arrange for another internship equivalent to six months or less. The board must approve any change in a preceptor before the change takes effect. If the applicant is not recommended by a preceptor as qualified to work independently at the end of a second internship, the board may deny licensure.

(h) If a licensed physical therapist who serves as a preceptor determines that an applicant is unqualified to continue the internship, nothing in this section obligates the preceptor or the preceptor's facility to either complete a six-month internship or provide a second internship for that applicant. A preceptor who terminates the internship of an applicant before the scheduled completion date must notify the board in writing and state the reason for the termination. Either an intern or a preceptor may request an advisory review of the internship by the board.

(i) After an applicant has satisfactorily completed an internship and has been scheduled for the National Physical Therapy Examination, the applicant may apply for a temporary permit under AS 08.84.065 and 12 AAC 54.050.

(j) To receive credit for an internship, an applicant must take and pass the National Physical Therapy Examination either before completing the internship or not later than one year after completing the internship.

(k) Verification of achieving a passing score, as set out in 12 AAC 54.080, on the national examination, meets the English language proficiency requirements of AS 08.84.032(a)(3).

(l) In this section, "preceptor" means a currently licensed physical therapist under this chapter who provides on-site supervision for an individual who is completing an internship under this section.

History

Authority: AS 08.84.010; AS 08.84.032; AS 08.84.065
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 9/26/91, Register 119; am 5/21/97, Register 142; am 10/20/99, Register 152; am 2/17/2002, Register 161; am 8/23/2003, Register 167; am 8/19/2004, Register 171; am 10/18/2007, Register 184; am 8/18/2013, Register 207; am 9/29/2019, Register 231; am 8/7/2021, Register 239; am 3/27/2024, Register 249

12 AAC 54.050 Physical therapist temporary permits and scope of practice under those permits

(a) The board or department will issue a temporary permit to an applicant for a physical therapist or physical therapist assistant license by examination, other than an applicant who is a graduate of a school of physical therapy that is located outside the United States, if the following are on file with the department:

(1) a complete application on a form provided by the department;

(2) the temporary permit fee established in 12 AAC 02.320;

(3) all items required under 12 AAC 54.030(a);

(4) a signed and notarized statement of responsibility from the supervising physical therapist; the statement must indicate that the supervising physical therapist will assume the full responsibility of supervising the applicant.

(b) The board or department will issue a temporary permit to an applicant applying for a physical therapist or physical therapist assistant license by credentials, other than an applicant who is a graduate of a school of physical therapy that is located outside the United States, if the following are on file with the department:

(1) a complete application on a form provided by the department;

(2) the temporary permit fee established in 12 AAC 02.320;

(3) all items required under 12 AAC 54.100.

(c) The board or department will issue a temporary permit to an applicant for a physical therapist or physical therapist assistant license by examination who is a graduate of a school of physical therapy that is located outside the United States and demonstrates compliance with AS 08.84.032(a)(1) and 08.84.065(a) to the satisfaction of the board. A temporary permit issued under this subsection expires on the date the scores are posted to the board. The following items documenting compliance with 12 AAC 54.040 must be on file with the department before the temporary permit is issued:

(1) a complete application on a form provided by the department;

(2) an official copy of a

(A) credentials evaluation sent directly to the department from an agency approved by the board; or

(B) transcript indicating compliance with AS 08.84.032(a)(1) if the degree was obtained from a foreign program accredited by a board-approved accrediting agency;

(3) a signed letter of professional reference on a form provided by the department and sent directly to the department from

(A) the head of a physical therapy school; or

(B) an instructor, physician, supervising physical therapist, or supervisor;

(4) a signed and notarized statement of responsibility sent directly to the department on a form provided by the department from the supervising physical therapist; the statement must indicate that the supervising physical therapist will assume the full responsibility of supervising the applicant;

(5) a copy of the confirmation from the testing center indicating the date that the applicant is scheduled to take the national physical therapy examination;

(6) a signed letter of verification sent directly to the department on a form provided by the department from the preceptor attesting to the applicant's satisfactory completion of the internship;

(7) the application, license, and temporary permit fees established in 12 AAC 02.320;

(8) repeal 3/27/2024.

(d) The board or department will issue a temporary permit to an applicant for a physical therapist or physical therapist assistant license by credentials who is a graduate of a school of physical therapy that is located outside the United States if the following are on file with the department:

(1) a complete application on a form provided by the department;

(2) the temporary permit fee established in 12 AAC 02.320;

(3) all items required under 12 AAC 54.110.

(e) The board will review an applicant for a physical therapist or physical therapist assistant temporary permit in accordance with 12 AAC 54.915.

(f) An applicant for a physical therapist or physical therapist assistant license who is waiting to take the next scheduled examination and who has been issued a temporary permit under AS 08.84.065 may practice only under the supervision of a licensed physical therapist and may not act as a supervisor until a permanent license is issued.

(g) The holder of a temporary permit as a physical therapist, issued according to the provisions of AS 08.84.065(b), who is awaiting licensure by acceptance of credentials, may practice without supervision.

(h) The holder of a temporary physical therapist assistant permit issued according to the provisions of AS 08.84.065(b) who is awaiting licensure by acceptance of credentials shall practice in accordance with 12 AAC 54.510.

History

Authority: AS 08.84.010; AS 08.84.065
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 6/1/95, Register 134; am 5/21/97, Register 142; am 2/17/2002, Register 161; am 8/23/2003, Register 167; am 8/19/2004, Register 171; am 7/21/2006, Register 179; am 8/18/2013, Register 207; am 3/27/2024, Register 249

12 AAC 54.055 Licensure of applicants

Repealed 9/26/91.

12 AAC 54.060 Administration of examination

Repealed.

History

Eff. 10/30/82, Register 84; am 9/26/91, Register 119; repealed 10/20/99, Register 152

12 AAC 54.070 Supervised field work

As used in AS 08.84.030(a)(1), "supervised field work" means the clinical education experience portion of a CAPTE-accredited educational program to be completed under the supervision of a licensed physical therapist.

History

Authority: AS 08.84.010; AS 08.84.030
Eff. 3/27/2024, Register 249

12 AAC 54.080 Passing scores

(a) To pass the national examination an applicant must achieve at least the criterion-referenced passing score recommended by the Federation of State Boards of Physical Therapy for that examination. The passing score will equal a scaled score of 600 based on a scale ranging from 200 to 800.

(b) Repealed 10/20/99.

History

Authority: AS 08.84.010; AS 08.84.080
Eff. 10/30/82, Register 84; am 9/26/91, Register 119; am 6/1/95, Register 134; am 10/20/99, Register 152; am 10/18/2007, Register 184; am 9/29/2019, Register 231; am 8/7/2021, Register 239

Article 2 Physical Therapy Licensure by Credentials

12 AAC 54.100 Application for licensure by credentials

An application for licensure by credentials as a physical therapist or a physical therapist assistant must be submitted to the department on a form prescribed by the board with

(1) all items required under 12 AAC 54.030(a);

(2) a report sent directly to the department from the testing organization of the applicant's national physical therapy examination scores;

(3) verification of the applicant's licensure status sent directly to the department from each jurisdiction where the applicant holds or has ever held a license to practice physical therapy, one of which must indicate a current license in good standing; each verification from each jurisdiction where the application has or has ever held a license must include an explanation of any disciplinary actions taken against the license;

(4) other evidence considered necessary by the board to determine if the requirements of the other jurisdiction were, at the date of issuance, substantially equal to the requirements of this state;

(5) verification sent directly to the department from the source that the applicant has

(A) been employed in physical therapy at least 60 hours within the 24 months immediately preceding the date the application is received;

(B) passed the national physical therapy examination within the 24-month period immediately preceding the date the application is received; or

History

Authority: AS 08.84.010; AS 08.84.040 AS 08.84.030; AS 08.84.060
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 10/1/88, Register 107; am 9/26/91, Register 119; am 10/3/2002, Register 163; am 10/18/2007, Register 184; am 8/18/2013, Register 207; am 3/27/2024, Register 249

12 AAC 54.110 Foreign-educated applicants

An applicant for a physical therapist or physical therapist assistant license by credentials who received an education and degree outside the United States shall meet all requirements for licensure under AS 08.84, 12 AAC 54.030(a)(1) and (4), and this section, and shall submit an application to the department on a form provided by the department. The application must inlcude

(1) transcripts evaluated in accordance with 12 AAC 54.040(a)(2);

(2) a report sent directly to the department from the testing organization of the applicant's national physical therapy examination scores;

(3) verification of the applicant's licensure status sent directly to the department from each jurisdiction where the applicant holds or has ever held a license to practice physical therapy, one of which must indicate a current license in good standing; each verification from each jurisdiction where the applicant holds or has ever held a license must include an explanation of any disciplinary actions taken against the licensee;

(4) satisfactory evidence sent directly to the department on a form provided by the department from a supervising therapist of

(A) a minimum six months of supervised work experience while licensed as a physical therapist or physical therapist assistant in another state, another territory, or District of Columbia ; or

(B) satisfactory completion of an internship that meets the requirements of 12 AAC 54.040(c), (e), and (f);

(5) other evidence determined necessary by the board to determine if the applicant's out-of-state license is substantially equal to the license requirements of this state;

(6) verification of achieving a passing score, as set out in 12 AAC 54.080, on the national examination, shall meet the English language proficiency requirements of AS 08.84.032(a)(3);

(7) a signed letter of professional reference sent directly to the department on a form provided by the department from

(A) the head of the physical therapy school from which the applicant graduated; or

(B) an instructor, physician, or physical therapist other than the physical therapist preceptor described in 12 AAC 50.040(e) and (f); and

(8) verification sent directly to the department from the source that the applicant has

(A) been employed in physical therapy at least 60 hours during the 24 months immediately preceding the date the application is received; or

(B) passed the national physical therapy examination during the 24-month period immediately preceding the date the application is received.

History

Authority: AS 08.84.010; AS 08.84.032; AS 08.84.060
Eff. 10/30/82, Register 84; am 9/26/91, Register 119; am 10/20/99, Register 152; am 2/17/2002, Register 161; am 8/19/2004, Register 171; am 8/18/2013, Register 207; am 3/27/2024, Register 249

12 AAC 54.120 Military-trained therapy assistant

A military-trained physical therapist assistant may apply to the board for license by credentials only and must submit verification of a current and valid certificate, license, or other evidence of qualification issued under the laws of another state.

History

Authority: AS 08.84.010; AS 08.84.060
Eff. 10/30/82, Register 84; am 3/27/2024, Register 249

12 AAC 54.130 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a physical therapist or physical therapy assistant to an applicant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit an application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(5) must demonstrate that the licensing jurisdiction of the applicant's current licensure required a passing score on the examination required under 12 AAC 54.030(a)(5) as a condition of licensure; and

(6) may not have been convicted of a crime that affects the applicant's ability to practice as a physical therapist or physical therapy assistant competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.84.120.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.84.010
Eff. 2/12/2023, Register 245

Article 3 Physical Therapy License Renewal and Continuing Competency Requirements

(3) document continuing competency by submitting proof of having completed

(A) the continuing professional practice requirements or an alternative under 12 AAC 54.405; and

(B) the continuing education contact hours required under 12 AAC 54.410.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 6/3/89, Register 110; am 9/26/91, Register 119; am 5/21/97, Register 142; am 3/27/2024, Register 249

12 AAC 54.405 Physical therapy continuing professional practice requirements and alternatives to those requirements

(a) An applicant for renewal of a physical therapist or physical therapist assistant license shall document completion of the jurisprudence questionnaire prepared by the board, covering the provisions of AS 08.84 and this chapter, and shall also document

(1) having provided physical therapy services for at least 60 hours during the concluding licensing period; or

(2) successful completion during the concluding licensing period of at least one of the following:

(A) the national physical therapy examination sponsored by the Federation of State Boards of Physical Therapy;

(B) in addition to the contact hours of continuing education required under 12 AAC 54.410 and 12 AAC 54.420, 40 contact hours of continuing education consistent with the requirements of 12 AAC 54.410 and 12 AAC 54.420;

(D) a physical therapy internship of 150 hours approved by the board.

(b) If an applicant for renewal is uncertain whether the applicant's work or volunteer experience will constitute physical therapy services under this section, the applicant may request board approval before submitting the application for license renewal.

(c) In this section, "physical therapy services" includes work and volunteer service under a position title other than physical therapist or physical therapist assistant if the applicant documents that the position required the use of physical therapy skills recognized by the board.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 5/21/97, Register 142; am 2/17/2002, Register 161; am 7/21/2006, Register 179; am 3/27/2024, Register 249

12 AAC 54.410 Physical therapy continuing education requirements

(a) Except as provided in 12 AAC 54.435, an applicant for renewal of a physical therapist or physical therapist assistant license who has been licensed for 12 months or more of the concluding licensing period shall have completed 24 contact hours of continuing education during that period. An applicant for renewal of a physical therapist or physical therapist assistant license who has been licensed for less than 12 months of the concluding licensing period shall have

(1) completed during that period 12 contact hours of continuing education; or

(2) passed the national physical therapy examination within 12 months immediately before the date that the applicant's license is due to lapse.

(b) An applicant shall complete at least one-half of the required contact hours in courses or programs offered by an accredited academic institution or a professional organization approved by the board under 12 AAC 54.420(a).

(1) one "contact hour" equals a minimum of 50 minutes of instruction;

(2) one continuing education unit awarded by a professional health care association equals 10 contact hours;

(3) one academic semester credit hour equals 15 contact hours; and

(4) one academic quarter credit hour equals 10 contact hours.

(d) An applicant for renewal is responsible for maintaining adequate and detailed records of all continuing education contact hours claimed and shall make the records available to the board upon request under 12 AAC 54.430. Records must be retained for three years from the date the contact hours were obtained.

(e) The following activities will not be accepted for continuing education contact hours under this section:

(1) routine staff meetings attended by the applicant;

(2) rounds conducted by the applicant;

(3) routine courses required for employment, including courses on cardiopulmonary resuscitation, first aid, and training related to Occupational Safety and Health Administration requirements.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 6/3/89, Register 110; am 9/26/91, Register 119; am 5/21/97, Register 142; am 8/19/2004, Register 171; am 4/24/2009, Register 190; am 8/18/2013, Register 207; am 3/27/2024, Register 249

12 AAC 54.420 Approved physical therapy courses and activities

(a) The following continuing education activities are approved for continuing education credit if they meet the requirements of (c) of this section:

(1) courses recognized by

(A) the Alaska Physical Therapy Association;

(B) the American Physical Therapy Association (APTA);

(D) other state physical therapy associations; or

(E) other state physical therapy licensing boards;

(2) American Medical Association category one and two continuing education courses that involve physical therapy;

(3) continuing education activities sponsored by a professional organization or university approved by the Alaska Physical Therapy Association or the American Physical Therapy Association.

(b) Repealed 9/29/2019.

(c) To be accepted by the board, a continuing education course or activity must contribute directly to the professional competency of a physical therapist or physical therapist assistant and must be directly related to the skills and knowledge required to implement the principles and methods of physical therapy within the meaning given in AS 08.84.190.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 6/3/89, Register 110; am 5/21/97, Register 142; am 2/17/2002, Register 161; am 8/19/2004, Register 171; am 9/29/2019, Register 231; am 3/27/2024, Register 249

12 AAC 54.430 Audit of physical therapy continuing competency requirements

(a) After each renewal period the board will, in its discretion, audit renewal applications to monitor compliance with the continuing competency requirements of 12 AAC 54.400 - 12 AAC 54.430.

(b) A licensee selected for audit shall, within 30 days after the date of notification, submit documentation of completion of contact hours required by 12 AAC 54.410 and physical therapy service hours or an alternative required by 12 AAC 54.405.

(c) Refusal to cooperate with an audit will be considered an admission of an attempt to obtain a license by material misrepresentation under AS 08.84.120(a)(1).

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 6/3/89, Register 110; am 9/26/91, Register 119; am 5/21/97, Register 142

12 AAC 54.435 Exemption from continuing education requirements for active duty military service

(a) A physical therapist or physical therapist assistant who meets the requirements of this section is exempt from the continuing education requirements of 12 AAC 54.400 - 12 AAC 54.430 as specified in this section. An exemption under this section applies to the renewal of the physical therapist or physical therapist assistant license for the biennial licensing period immediately following a period of service by the physical therapist or physical therapist assistant, during which the physical therapist or physical therapist assistant was engaged in active duty military service in the armed forces of the United States.

(b) To obtain an exemption under this section, a physical therapist or physical therapist assistant must submit official documentation satisfactory to the board of active duty military service.

(c) The board will waive half of the continuing education hours required in 12 AAC 54.410, if the board determines that the applicant was engaged in active duty military service in the armed forces of the United States for at least six consecutive months during the concluding licensing period.

(d) The board will waive all continuing education hours required in 12 AAC 54.410, if the board determines that the applicant was engaged in active duty military service in the armed forces of the United States for 12 or more months during the concluding licensing period.

(e) In this section, "engaged in active duty military service" means military personnel serving in an active capacity, including

(1) active duty personnel in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; and

(2) reservists and National Guard personnel in a combat zone for a named United States military conflict; in this paragraph, "combat zone" means an area that the President of the United States designates by executive order as an area in which the armed forces of the United States are engaging or have engaged in combat.

History

Authority: AS 08.01.100; AS 08.84.010; AS 08.84.100
Eff. 10/25/2008, Register 188; am 3/27/2024, Register 249

12 AAC 54.440 Alternative to physical therapy service

Repealed.

History

Eff. 6/3/89, Register 110; am 9/26/91, Register 119; repealed 5/21/97, Register 142

Article 4 Physical Therapy Standards of Practice

12 AAC 54.500 Physical therapy standards

(a) Services may not be stated or implied as being physical therapy unless performed by a licensed physical therapist or under the supervision of a licensed physical therapist.

(b) A license or permit issued by the board, or a copy of the license or permit, must be posted in a conspicuous location in the licensee's place of business, for public inspection. Pending receipt of the current license certificate from the department, the licensee shall display the department's Internet website posing confirming licensure.

(c) To maintain a high standard of integrity in the profession and to safeguard the health and welfare of the public, physical therapists shall adhere to the ethical standards set out in the State Physical Therapy and Occupational Therapy Board, dated March 2015. The State Physical Therapy and Occupational Therapy Board is adopted by reference.

(d) To maintain a high standard of integrity in the profession and to safeguard the health and welfare of the public, physical therapist assistants shall adhere to the ethical standards set out in the State Physical Therapy and Occupational Therapy Board Principles of Practice, dated March 2015. The State Physical Therapy and Occupational Therapy Board Principles of Practice is adopted by reference.

(e) A physical therapist may not supervise more than three aides, assistants, students, foreign-educated candidates, or permittees in any combination at the same time.

History

Authority: AS 08.84.010; AS 08.84.150
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 5/21/97, Register 142; am 10/20/99, Register 152; am 2/17/2002, Register 161; am 7/21/2006, Register 179; am 4/11/2008, Register 186; am 9/27/2008, Register 187; am 1/17/2016, Register 217; am 3/27/2024, Register 249

12 AAC 54.510 Supervision of physical therapist assistants

(a) A physical therapist assistant shall work under the supervision of a licensed physical therapist.

(b) A licensed physical therapist is responsible for and shall participate in a patient's care.

(c) Except as specified in 12 AAC 54.500(e), a physical therapist may supervise a maximum of three physical therapist assistants.

(d) A licensed physical therapist assistant shall have written treatment plans formulated by the licensed physical therapist in possession for each patient under the care of the physical therapist assistant. Treatment plans must be revised following periodic evaluations by the licensed physical therapist.

(e) At least once a month, a supervising physical therapist shall provide periodic supervision to a physical therapist assistant while the physical therapist assistant being supervised implements a treatment plan with a patient. Supervision shall be conducted on site or by video or teleconference when in-person supervision is not reasonably practicable. The supervising physical therapist shall be available for consultation with the physical therapist assistant by telephone, verbally, or in writing.

(f) Nothing in this chapter restricts public health service or military personnel engaged in the practice of physical therapy in programs administered by federal agencies.

(g) If a licensed physical therapist agrees to supervise a physical therapist assistant, the supervising physical therapist shall

(1) determine the frequency and manner of consultations with the physical therapist assistant, taking into consideration the treatment settings being used, patient rehabilitation status, and the competency of the physical therapist assistant;

(2) fully document the supervision provided, including a record of all consultations provided, and maintain those records at the physical therapist assistant's place of employment; and

(3) countersign the patient treatment record each time the supervising physical therapist is physically present and directly supervises or supervises by video or teleconference the treatment of a patient by the physical therapist assistant being supervised.

History

Authority: AS 08.84.010
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 9/26/91, Register 119; am 6/1/95, Register 134; am 5/21/97, Register 142; am 2/17/2002, Register 161; am 4/11/2008, Register 186; am 8/7/2021, Register 239; am 3/27/2024, Register 249

12 AAC 54.520 Supervision of non-licensed personnel

(a) Regardless of the practice setting, a licensed physical therapist is solely responsible for the treatment and management of all aspects of physical therapy care of the patient.

(b) A licensed physical therapist or physical therapist assistant may use non-licensed personnel in the delivery of patient-related duties and non-patient related duties. Patient-related duties performed by non-licensed personnel are not considered the practice of physical therapy.

(c) A licensed physical therapist shall assure the training of non-licensed personnel under the supervision of the physical therapist or physical therapist assistant, and shall document that training.

(d) A supervising physical therapist or physical therapist assistant shall provide continual on-site supervision of non-licensed personnel who are performing patient-related duties.

History

Authority: AS 08.84.010
Eff. 9/26/91, Register 119; am 4/16/2004, Register 170; am 6/10/2010, Register 194; am 3/27/2024, Register 249

12 AAC 54.530 Standards for practice of telerehabilitation by physical therapist

(a) The purpose of this section is to establish standards for the practice of telerehabilitation by means of an interactive telecommunication system by a physical therapist licensed under AS 08.84 and this chapter in order to provide physical therapy to patients who are located in this state and do not have access to a physical therapist in person due to geographic constraints or health and safety constraints.

(b) A physical therapist licensed under AS 08.84 and this chapter conducting telerehabilitation by means of an interactive telecommunication system

(1) repealed 9/29/2019;

(2) must interact with the patient maintaining the same ethical conduct and integrity required under 12 AAC 54.500(c) and (d);

(3) must comply with the requirements of 12 AAC 54.510 for any licensed physical therapist assistant providing services under this section;

(4) may conduct one-on-one consultations, including initial evaluation, under this section; and

(5) must provide and ensure appropriate client confidentiality and HIPAA compliance, establish secure connections, activate firewalls, and encrypt confidential information.

History

Authority: AS 08.84.010; AS 08.84.120
Eff. 9/27/2008, Register 187; am 9/29/2019, Register 231; am 8/7/2021, Register 239

12 AAC 54.535 Physical therapy internship standards

(a) This section establishes the standards for a physical therapy internship required under 12 AAC 54.100(5)(C), 12 AAC 54.405(a)(2)(D), or 12 AAC 54.950(e).

(b) An internship must be served

(1) under the continual on-site supervision of a physical therapist licensed under this chapter; and

(2) in an institution that ordinarily provides physical therapy, has a varied caseload, and has on staff at least one physical therapist licensed under this chapter.

(c) A licensed physical therapist serving as a preceptor to an intern is responsible for the intern's experience and for the safety and welfare of the patient.

(d) Upon an intern's completion of the internship, the preceptor shall submit, on a form provided by the board, a statement attesting to the intern's

(1) satisfactory or unsatisfactory completion of the internship; and

(2) level of skill in

(A) completion of evaluation;

(B) program planning;

(D) potential ability to practice safely while unsupervised with sound professional judgment; and

(E) ethics related to the practice of physical therapy.

(e) The board will not accept internship hours claimed before the date that the internship was approved by the board. To be approved by the board, internship hours must be completed no more than six months after the date the internship begins.

(f) In this section, "preceptor" means a physical therapist licensed under this chapter who provides on-site supervision for an intern serving an internship.

History

Authority: AS 08.84.010; AS 08.84.040 AS 08.84.030; AS 08.84.060
Eff. 6/10/2010, Register 194

12 AAC 54.590 Definitions related to physical therapy

(a) In 12 AAC 54.030 - 12 AAC 54.590,

(1) "continual on-site supervision" means the supervising physical therapist or physical therapist assistant

(A) is present in the department or facility where services are being provided;

(B) is immediately available to the non-licensed personnel being supervised; and

(2) "internship" means postgraduate on-the-job training of a physical therapist or physical therapist assistant approved by the board;

(3) "non-licensed personnel"

(A) means personnel who are

(i) used by a licensed physical therapist or physical therapist assistant to deliver patient-related duties and non-patient related duties related to the practice of physical therapy; and

(ii) trained under the direction of a licensed physical therapist or physical therapist assistant to perform designated non-patient related duties and patient-related duties related to the practice of physical therapy;

(B) includes personnel who are referred to as "aides", "technicians", or "techs";

(4) "non-patient related duties" includes clerical and maintenance activities and preparation of the work area or equipment;

(5) "patient-related duties" means routine tasks that do not require the education, skill, and training of a physical therapist or physical therapist assistant, and for which the

(A) outcome anticipated for the task is predictable;

(B) situation of the patient and the environment is stable and will not require that judgment, interpretations, or adaptations be made by non-licensed personnel; and

(6) "supervision" means

(A) the licensed physical therapist will be present whenever a patient is evaluated, a treatment program is established, or a treatment program is changed; and

(B) the licensed physical therapist is present to personally review the diagnosis of the condition to be treated, to authorize the procedure, and before dismissal of the patient, to evaluate the performance of the treatment given.

(b) In AS 08.84.190, "physical therapy" does not include exercise or activities performed by non-licensed personnel in a home or school setting for the benefit of a patient or student.

History

Authority: AS 08.84.010
Eff. 9/26/91, Register 119; am 4/16/2004, Register 170; am 6/10/2010, Register 194; am 3/27/2024, Register 249

Article 5 Occupational Therapy Licensure

12 AAC 54.600 Occupational therapy license requirements

An applicant for an occupational therapist license or occupational therapy assistant license, other than an applicant who is a graduate of a school of occupational therapy that is located outside the United States, shall submit

(1) a completed application on the form prescribed by the board;

(2) the fees established in 12 AAC 02.320;

(3) verification of the applicant's licensure status sent directly to the department from each jurisdiction where the applicant holds or has ever held a license to practice occupational therapy, one of which must indicate a current license in good standing; each verification from each jurisdiction where the applicant holds or has ever held a license must include an explanation of any disciplinary actions taken against the licensee;

(4) a signed letter of professional reference sent directly to the department on a form provided by the department from a physician, instructor, supervisor, or official of the applicant's occupational therapy school;

(5) proof of initial certification sent directly to the department from the National Board for Certification in Occupational Therapy (NBCOT) as evidence of having met the requirements of AS 08.84.030(b);

(6) verification that, during the 24 months immediately before the date the application is received by the department, the applicant

(A) performed at least 60 hours of occupational therapy service; the verification of at least 60 hours of occupational therapy service must be sent directly to the department on a form provided by the department from the agency or source;

(B) passed the NBCOT examination; or

(C) satisfactorily completed an internship of 150 hours approved by the board; the verification must be sent directly to the department on a form provided by the department from the agency or source; and

(7) the jurisprudence questionnaire prepared by the board covering the provisions of AS 08.84 and this chapter.

History

Authority: AS 08.84.010; AS 08.84.060 AS 08.84.030; AS 08.84.120
Eff. 9/26/91, Register 119; am 5/21/97, Register 142; am 2/17/2002, Register 161; am 8/23/2003, Register 167; am 7/21/2006, Register 179; am 10/18/2007, Register 184; am 8/18/2013, Register 207; am 1/17/2016, Register 217

12 AAC 54.610 Foreign-educated occupational therapy applicants

(a) A foreign-educated occupational therapist or occupational therapy assistant applicant must have graduated from a resident course of study and professional instruction substantially equivalent to a professional occupational therapy education program that is accredited by the Accreditation Council for Occupational Therapy Education (ACOTE). A foreign-educated occupational therapist or occupational therapy assistant applicant shall submit

(1) a completed application on the form prescribed by the board;

(2) the fees established in 12 AAC 02.320;

(3) verification of licensure status sent directly to the department from each jurisdiction where the applicant holds or has ever held a license, one of which must indicate a current license in good standing; each verification from each jurisdiction where the applicant holds or has ever held a license must include an explanation of any disciplinary actions taken against the licensee;

(5) evidence of meeting each of the requirements of AS 08.84.032(b);

(6) verification that, within the 24 months immediately before the date the application is received by the department, the applicant

(B) passed the NBCOT examination; and

(7) the jurisprudence questionnaire prepared by the board covering the provisions of AS 08.84 and this chapter.

(b) An applicant who has been certified by the National Board for Certification in Occupational Therapy (NBCOT) meets the requirements of AS 08.84.032(b)(1) - (5).

History

Authority: AS 08.84.010; AS 08.84.032 AS 08.84.030; AS 08.84.120
Eff. 9/26/91, Register 119; am 5/21/97, Register 142; am 8/23/2003, Register 167; am 10/18/2007, Register 184; am 8/18/2013, Register 207; am 1/17/2016, Register 217; am 3/27/2024, Register 249

12 AAC 54.620 Supervised field work

As used in AS 08.84.030(b)(1), 08.84.032(b)(2), and 08.84.150(b)(1), "supervised field work" means the portion of an ACOTE-accredited professional occupational therapy education program to be completed by an applicant under the supervision of a licensed occupational therapist.

History

Authority: AS 08.84.010; AS 08.84.030; AS 08.84.060
Eff. 9/26/91, Register 119; am 9/29/2019, Register 231; am 3/27/2024, Register 249

12 AAC 54.630 Supervision of occupational therapy assistants

Repealed.

History

Eff. 9/26/91, Register 119; repealed 5/21/97, Register 142

12 AAC 54.640 Occupational therapy temporary permits and scope of practice under those permits

(a) An applicant for an occupational therapist or occupational therapy assistant license by examination who is scheduled for the next NBCOT examination or who has taken the NBCOT examination and is waiting for the results of the examination may apply for a temporary permit. A temporary permit will be issued if the following are on file:

(1) a complete application on a form provided by the department;

(2) a signed professional reference letter sent directly to the department on a form provided by the department from a physician, instructor, supervisor, or official of the applicant's occupational therapy school;

(3) a signed and notarized statement of responsibility sent directly to the department on a form provided by the department from the supervising occupational therapist; the statement must indicate that the supervising occupational therapist will assume the full responsibility for supervising the applicant;

(4) a letter verifying

(A) the applicant's scheduled examination date sent directly to the department from NBCOT; or

(B) that the applicant has taken the examination and is waiting for the results to be sent directly to the department from NBCOT;

(5) the application fee established in 12 AAC 02.320;

(6) the license fee established in 12 AAC 02.320;

(7) the temporary permit fee established in 12 AAC 02.320.

(b) An applicant for an occupational therapist or occupational therapy assistant license who is or was initially certified with the NBCOT may qualify for a temporary permit by

(1) meeting the requirements of (a)(1), (2), (5), (6), and (7) of this section;

(2) submitting verification that the applicant is certified or was initially certified with the NBCOT;

(3) providing verifications of licensure from each jurisdiction where the applicant holds or has ever held a license to practice occupational therapy; at least one verification must be of a current license in good standing in another state; and

(4) providing verification that, during the 24 months immediately before the date the application is received by the department, the applicant

(A) performed at least 60 hours of occupational therapy service; the verification of at least 60 hours of occupational therapy service must be on a form provided by the department; or

(B) passed the NBCOT examination.

(c) The verifications required in (b)(2) and (3) of this section must be sent directly to the board from NBCOT or the licensing agency for the other jurisdiction.

(d) An applicant for an occupational therapist or occupational therapy assistant license, who is waiting to take an examination or for the results of the examination, and who has been issued a temporary permit under AS 08.84.065 shall work under the supervision of a licensed occupational therapist and may not act as a supervisor until a permanent license is issued.

(e) The holder of a temporary permit under AS 08.84.065(b) as an occupational therapist, who is waiting for licensure by acceptance of credentials, may practice without supervision.

(f) The holder of a temporary permit under AS 08.84.065(b) as an occupational therapy assistant, who is waiting for licensure by acceptance of credentials, shall practice in accordance with 12 AAC 54.810.

History

Authority: AS 08.84.010; AS 08.84.030; AS 08.84.065
Eff. 9/26/91, Register 119; am 5/21/97, Register 142; am 2/17/2002, Register 161; am 8/23/2003, Register 167; am 7/21/2006, Register 178; am 8/18/2013, Register 207; am 1/17/2016, Register 217

12 AAC 54.650 Occupational therapy standards of practice

Repealed.

History

Eff. 9/26/91, Register 119; am 6/1/95, Register 134; repealed 5/21/97, Register 142

12 AAC 54.660 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as an occupational therapist or occupational therapy assistant to an applicant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit an application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(5) must demonstrate that the licensing jurisdiction of the applicant's current licensure required a passing score on the NBCOT examination as a condition of licensure; and

(6) may not have been convicted of a crime that affects the applicant's ability to practice as an occupational therapist or occupational therapy assistant competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.84.120.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.84.010
Eff. 2/12/2023, Register 245

Article 6 Occupational Therapy License Renewal and Continuing Competency Requirements

12 AAC 54.700 Occupational therapy license renewal requirements

An applicant for renewal of an occupational therapist license or an occupational therapy assistant license shall submit

(1) a complete renewal application on a form prescribed by the board;

(2) the license renewal fee established in 12 AAC 02.320;

(3) proof of continuing competency by submitting documentation verifying that the applicant has completed

(A) the continuing occupational therapy professional practice requirements or an alternative under 12 AAC 54.705; and

(B) the continuing education contact hours required under 12 AAC 54.710; and

(4) a completed jurisprudence questionnaire prepared by the board covering the provisions of AS 08.84 and this chapter.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 9/26/91, Register 119; am 5/21/97, Register 142; am 10/3/2002, Register 163; am 7/21/2006, Register 179

12 AAC 54.705 Required continuing occupational therapy professional practice and alternatives

(a) An applicant for renewal of an occupational therapist or occupational therapy assistant license shall document

(1) having provided occupational therapy services for at least 60 hours during the concluding licensing period; or

(2) successful completion during the concluding licensing period of one of the following:

(A) the applicable of the following certification examinations sponsored by the National Board for Certification in Occupational Therapy:

(i) for an occupational therapist, the Certification Examination for Occupational Therapist, Registered; or

(ii) for an occupational therapy assistant, the Certification Examination for Certified Occupational Therapy Assistant;

(B) in addition to the contact hours of continuing education required under 12 AAC 54.710, 40 contact hours of continuing education that is consistent with the requirements of 12 AAC 54.710 - 12 AAC 54.720;

(C) a review course sponsored by a school of occupational therapy approved by the American Occupational Therapy Association; or

(D) an occupational therapy internship of 150 hours approved by the board.

(b) If an applicant for renewal is uncertain whether the applicant's work or volunteer experience will constitute occupational therapy services under this section, the applicant may request board approval before submitting the application for license renewal.

(c) In this section, "occupational therapy services" includes work and volunteer service under a position title other than occupational therapist or occupational therapy assistant if the applicant documents that the position required the use of occupational therapy skills recognized by the board.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 5/21/97, Register 142; am 10/3/2002, Register 163; am 7/21/2006, Register 179

12 AAC 54.710 Occupational therapy continuing education requirements

(a) Except as provided in 12 AAC 54.725, an applicant for renewal of an occupational therapist or an occupational therapy assistant license who has been licensed for 12 months or more of the concluding licensing period shall have

(1) completed, during that period, 24 contact hours of continuing education; or

(2) evidence of current certification bv the National Board for Certification in Occupational Therapy (NBCOT).

(b) An applicant for renewal of an occupational therapist or an occupational therapy assistant license who has been licensed for less than 12 months of the concluding licensing period shall have

(1) completed, during that period, 12 contact hours of continuing education;

(2) passed the national occupational therapy examination during the 12 months immediately before the date that the applicant's license is due to lapse; or

(3) evidence of current certification by the National Board for Certification in Occupational Therapy (NBCOT).

(c) An applicant shall complete at least one-half of the required contact hours in courses or programs offered by an accredited academic institution or a professional organization approved by the board under 12 AAC 54.715(a).

(d) For the purposes of this section,

(1) one "contact hour" equals a minimum of 50 minutes of instruction;

(2) one continuing education unit awarded by a professional health care association equals 10 contact hours;

(3) one academic semester credit hour equals 15 contact hours; and

(4) one academic quarter credit hour equals 10 contact hours.

(e) An applicant for renewal is responsible for maintaining adequate and detailed records of all continuing education contact hours claimed and shall make the records available to the board upon request under 12 AAC 54.720. Records must be retained for three years from the date the contact hours were obtained.

(f) The following activities will not be accepted for continuing education contact hours under this section:

(1) routine staff meetings attended by the applicant;

(2) rounds conducted by the applicant;

(3) routine courses required for employment, including courses on cardiopulmonary resuscitating, first aid, and training related to Occupational Safety and Health Administration requirements.

(g) The board recognizes the maintenance of NBCOT certification as fulfilling the requirements of (a) and (b) of this section.

(h) To document current certification with the NBCOT, the applicant shall submit a photocopy of the front and back of the applicant's current NBCOT certificate.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 9/26/91, Register 119; am 5/21/97, Register 142; am 10/3/2002, Register 163; am 7/21/2006, Register 179; am 4/24/2009, Register 190; am 8/18/2013, Register 207; am 9/29/2019, Register 231

12 AAC 54.715 Approved occupational therapy courses and activities

(a) The following continuing education activities are approved for continuing education credit if they meet the requirements of (c) of this section:

(1) courses recognized by

(A) the Alaska Occupational Therapy Association;

(B) the American Occupational Therapy Association;

(D) the National Board for Certification on Occupational Therapy (NBCOT);

(E) other state occupational therapy associations; or

(F) other state occupational therapy licensing boards;

(2) continuing education activities sponsored by a professional organization or university approved by the Alaska Occupational Therapy Association or the American Occupational Therapy Association.

(b) Repealed 9/29/2019.

(c) To be accepted by the board, a continuing education course or activity must contribute directly to the professional competency of an occupational therapist or occupational therapy assistant and must be directly related to the skills and knowledge required to implement the principles and methods of occupational therapy.

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 5/21/97, Register 142; am 2/17/2002, Register 161; am 8/19/2004, Register 171; am 9/29/2019, Register 231

12 AAC 54.720 Audit of occupational therapy continuing competency requirements

(a) After each renewal period the board will, in its discretion, audit renewal applications to monitor compliance with the continuing competency requirements of 12 AAC 54.700 - 12 AAC 54.720.

(b) A licensee selected for audit shall, within 30 days after the date of notification, submit documentation that verifies completion of the contact hours claimed under 12 AAC 54.710 and occupational therapy service hours or an alternative required under 12 AAC 54.705.

(c) Refusal to cooperate with an audit will be considered an admission of an attempt to obtain a license by material misrepresentation under AS 08.84.120(a)(1).

History

Authority: AS 08.84.010; AS 08.84.100
Eff. 9/26/91, Register 119; am 5/21/97, Register 142

12 AAC 54.725 Exemption from continuing education requirements for active duty military service

(a) An occupational therapist or occupational therapy assistant who meets the requirements of this section is exempt from the continuing education requirements of 12 AAC 54.700 - 12 AAC 54.720 as specified in this section for renewal of an occupational therapist or occupational therapy assistant license for the biennial licensing period immediately following a period of service by an occupational therapist or occupational therapy assistant during which an occupational therapist or occupational therapy assistant was engaged in active duty military service in the armed forces of the United States.

(b) To obtain an exemption under this section, an occupational therapist or occupational therapy assistant must submit official documentation satisfactory to the board of active duty military service.

(c) The board will waive half of the continuing education hours required in 12 AAC 54.710, if the board determines that the applicant was engaged in active duty military service in the armed forces of the United States for at least six consecutive months during the concluding licensing period.

(d) The board will waive all continuing education hours required in 12 AAC 54.710, if the board determines that the applicant was engaged in active duty military service in the armed forces of the United States for 12 or more months during the concluding licensing period.

(e) In this section, "engaged in active duty military service" means military personnel serving in an active capacity, including

(1) active duty personnel in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; and

History

Authority: AS 08.01.100; AS 08.84.010; AS 08.84.100
Eff. 10/25/2008, Register 188

Article 7 Occupational Therapy Standards of Practice

12 AAC 54.800 Occupational therapy standards

(a) In order to maintain a high standard of integrity in the profession and to safeguard the health and welfare of the public, occupational therapists and occupational therapy assistants shall adhere to the State Physical Therapy and Occupational Therapy Board Principles of Practice, dated March 2015. The State Physical Therapy and Occupational Therapy Board Principles of Practice is adopted by reference.

(b) An occupational therapist may not supervise more than three aides, assistants, students, foreign-educated candidates, or permittees at the same time, in any combination.

History

Authority: AS 08.84.010; AS 08.84.065 AS 08.84.030; AS 08.84.150
Eff. 5/21/97, Register 142; am 2/17/2002, Register 161; am 10/18/2007, Register 184; am 4/11/2008, Register 186; am 1/17/2016, Register 217; am 3/27/2024, Register 249

12 AAC 54.805 Posting of license or permit

A license or permit issued under this chapter, or a copy of a license or permit, must be posted in a conspicuous location in the licensee's primary place of business for public inspection. Pending receipt of the current license certificate from the department, the licensee shall display the department's Internet website posting confirming licensure.

History

Authority: AS 08.84.010; AS 08.84.030; AS 08.84.065
Eff. 5/21/97, Register 142; am 7/21/2006, Register 179

12 AAC 54.810 Supervision of occupational therapy assistants

(a) An occupational therapy assistant shall work under the supervision of a licensed occupational therapist. To meet this supervision requirement,

(1) at least once every month, while the occupational therapy assistant being supervised implements a treatment plan for a patient, the occupational therapist supervising the licensed occupational therapy assistant shall be physically present, or shall be present by video or teleconference when in-person supervision is not reasonable or practicable; and

(2) the occupational therapist supervising the occupational therapy assistant shall be available for consultation with the occupational therapy assistant being supervised, through telephone consultations, written reports, or in-person conferences.

(b) If the licensed occupational therapist agrees to supervise an occupational therapy assistant, the occupational therapist shall

(1) determine the frequency and manner of consultations, taking into consideration the treatment settings being used, patient rehabilitation status, and the competency of the occupational therapy assistant being supervised;

(2) fully document the supervision provided, including a record of all consultations provided, and maintain those records at the occupational therapy assistant's place of employment; and

(3) countersign the patient treatment record each time the occupational therapist supervising the occupational therapy assistant is physically present and directly supervises or supervises by video or teleconference the treatment of a patient by the occupational therapy assistant being supervised.

History

Authority: AS 08.84.010; AS 08.84.030; AS 08.84.190
Eff. 5/21/97, Register 142; am 8/7/2021, Register 239

12 AAC 54.815 Supervision of non-licensed personnel

(a) Regardless of the practice setting, a licensed occupational therapist is solely responsible for the treatment and management of all aspects of occupational therapy care of the patient.

(b) A licensed occupational therapist or occupational therapy assistant may use nonlicensed personnel in the delivery of patient-related and non-patient related duties. Patient-related duties performed by non-licensed personnel are not considered the practice of occupational therapy.

(c) A licensed occupational therapist shall assure the training of non-licensed personnel under the supervision of the occupational therapist or occupational therapy assistant, and shall document that training.

(d) The supervising occupational therapist or occupational therapy assistant shall provide continual on-site supervision of non-licensed personnel who are performing patient-related duties.

(e) Nothing in this section restricts the implementation by a teacher or teacher's aide of a program that meets the requirements of AS 08.84.150(b)(6).

History

Authority: AS 08.84.010
Eff. 11/24/2002, Register 164; am 6/10/2010, Register 194

12 AAC 54.820 Standards for supervision

Repealed.

History

Eff. 5/21/97, Register 142; am 4/16/2004, Register 170; repealed 6/10/2010, Register 194

12 AAC 54.825 Standards for practice of telerehabilitation by occupational therapy

(a) The purpose of this section is to establish standards for the practice of telerehabilitation by means of an interactive telecommunication system by an occupational therapist licensed under AS 08.84 and this chapter in order to provide occupational therapy to patients who are located in this state and do not have access to an occupational therapist in person due to geographic constraints or health and safety contraints.

(b) An occupational therapist licensed under AS 08.84 and this chapter conducting telerehabilitation by means of an interactive telecommunication system

(1) repealed 9/29/2019,

(2) must interact with the patient maintaining the same ethical conduct and integrity required under 12 AAC 54.800;

(3) must comply with the requirements of 12 AAC 54.810 for any licensed occupational therapist assistant providing services under this section;

(4) may conduct one-on-one consultations, including initial evaluation, under this section; and

(5) must provide and ensure appropriate client confidentiality and HIPAA compliance, establish secure connections, activate firewalls, and encrypt confidential information.

History

Authority: AS 08.84.010; AS 08.84.120
Eff. 9/27/2008, Register 187; am 9/29/2019, Register 231; am 8/7/2021, Register 239

12 AAC 54.830 Occupational therapy internship standards

(a) This section establishes the standards for an occupational therapy internship required under 12 AAC 54.600(6)(C), 12 AAC 54.705(a)(2)(D), or 12 AAC 54.950(e).

(b) An internship must be served

(1) under the continual on-site supervision of an occupational therapist licensed under this chapter; and

(2) in an institution that ordinarily provides occupational therapy, has a varied caseload, and has on staff at least one occupational therapist licensed under this chapter.

(c) A licensed occupational therapist serving as a preceptor to an intern is responsible for the intern's experience and for the safety and welfare of the patient.

(d) Upon an intern's completion of the internship, the preceptor shall submit, on a form provided by the board, a statement attesting to the intern's

(1) satisfactory or unsatisfactory completion of the internship; and

(2) level of skill in

(A) completion of evaluation;

(B) program planning;

(D) potential ability to practice safely while unsupervised with sound professional judgment; and

(E) ethics related to the practice of occupational therapy.

(f) In this section, "preceptor" means an occupational therapist licensed under this chapter who provides on-site supervision for an intern serving an internship.

History

Authority: AS 08.84.010; AS 08.84.030; AS 08.84.060
Eff. 6/10/2010, Register 194; am 8/18/2013, Register 207

12 AAC 54.890 Definitions related to occupational therapy

(a) In 12 AAC 54.600 - 12 AAC 54.890,

(1) "continual on-site supervision" means the supervising occupational therapist or occupational therapy assistant

(A) is present in the department or facility where services are being provided;

(B) is immediately available to the non-licensed personnel being supervised; and

(2) "internship" means postgraduate on-the-job training of occupational therapists or occupational therapy assistants, approved by the board;

(3) "non-licensed personnel"

(A) means personnel who are

(i) used by a licensed occupational therapist or occupational therapy assistant to deliver patient-related duties and non-patient related duties related to the practice of occupational therapy; and

(ii) trained under the direction of a licensed occupational therapist or occupational therapy assistant to perform designated non-patient related duties and patient-related duties related to the practice of occupational therapy;

(B) includes personnel who are referred to as "aides", "technicians", or "techs";

(4) "non-patient related duties" includes clerical and maintenance activities and preparation of the work area or equipment;

(5) "patient-related duties" means routine tasks that do not require the education, skill, and training of an occupational therapist or occupational therapy assistant, and for which the

(A) outcome anticipated for the task is predictable;

(B) situation of the patient and the environment is stable and will not require that judgment, interpretations, or adaptations be made by non-licensed personnel; and

(6) "supervision" means

(A) the licensed occupational therapist will be present whenever a patient is evaluated, a treatment program is established, or a treatment program is changed; and

(B) the licensed occupational therapist is present to personally review the diagnosis of the condition to be treated, to authorize the procedure, and before dismissal of the patient, to evaluate the performance of the treatment given.

(b) In AS 08.84.190, "occupational therapy" does not include exercise or activities performed by non-licensed personnel in a home or school setting for the benefit of a patient or student.

History

Authority: AS 08.84.010
Eff. 6/10/2010, Register 194

Article 8 General Provisions

12 AAC 54.900 Refund of fees and renewals

(a) Unless an application is considered abandoned under 12 AAC 02.910, an applicant for licensure who requests withdrawal of an application before taking an examination and before action has been taken by the board is entitled to a refund of all fees except the application fee.

(b) Renewal notices will be sent by the department to all current licensees at least 30 days before the end of the current licensing period. Failure to receive a renewal notice does not relieve a licensee from the responsibility of renewing a license on time.

History

Authority: AS 08.84.010(b)AS 08.84.100
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 9/26/91, Register 119

12 AAC 54.910 Standards

Renumbered as 12 AAC 54.500, 9/26/91.

12 AAC 54.915 Review of applications for temporary permit or limited permit

Repealed.

History

Eff. 10/3/2002, Register 163; am 7/21/2006, Register 179; am 8/18/2013, Register 207; am 9/29/2019, Register 231; repealed 3/27/2024, Register 249

12 AAC 54.920 Change of name or address

(a) It is the responsibility of a licensee to notify the department of a change in the licensee's name or mailing address.

(b) A licensee shall notify the department when the licensee's name has changed by submitting a notarized copy of a legal document verifying the change of name.

(c) A licensee shall notify the department when the licensee's mailing address has changed in accordance with 12 AAC 02.900.

(d) Upon written request and payment of the fees established in 12 AAC 02.105, a new license or certificate will be printed showing the licensee's new name or address.

History

Authority: AS 08.84.010(b)AS 08.84.090
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 9/26/91, Register 119

12 AAC 54.930 Standards of practice of physical therapy assistants

Renumbered as 12 AAC 54.510, 9/26/91.

12 AAC 54.950 Reinstatement of a lapsed license

(a) A licensee whose license is lapsed for any reason is prohibited from practicing physical therapy or occupational therapy until the license is reinstated by the board.

(b) A license which has been lapsed for less than two years will be reinstated by the board upon submission of

(1) the fees required by 12 AAC 02.105 and 12 AAC 02.320; and

(2) documentation that all continuing competency and continuing education requirements of 12 AAC 54 have been met.

(c) A license that has been lapsed for two but less than five years will, in the board's discretion, be reinstated, if the applicant submits

(1) an application for reinstatement on a form provided by the department;

(2) the fees required by 12 AAC 02.105 and 12 AAC 02.320 for the entire period the license has been lapsed;

(3) evidence of completion of all continuing competency and continuing education requirements in 12 AAC 54 that would have been required to maintain a current license for the entire period the license has been lapsed;

(4) verification of all physical therapy and occupational therapy licenses held in other jurisdictions for the entire period the Alaska license has been lapsed and a signed statement from a licensing official in each of those jurisdictions verifying that no restrictions have been placed on the license or disciplinary sanctions have been taken against the licensee.

(d) In accordance with AS 08.01.100(d), a license that has been lapsed for five years or more is considered permanently lapsed and the former licensee will be required to apply for a new license under AS 08.84.030 or 08.84.060 and regulations adopted under them.

(e) An applicant for a new license whose original license in this state was lapsed for five years or more and who has not been actively practicing in another state during that time shall satisfactorily complete an internship approved by the board consisting of 150 hours of training.

History

Authority: AS 08.01.100; AS 08.84.030 AS 08.84.010; AS 08.84.040
Eff. 10/1/88, Register 107; am 9/26/91, Register 119; am 10/3/2002, Register 163; am 6/10/2010, Register 194

12 AAC 54.960 Board meetings

The board will hold at least two meetings a year at times and places designated by the chairman or by majority of the board.

History

Authority: AS 08.84.010(b)
Eff. 10/30/82, Register 84

12 AAC 54.990 Definitions

In this chapter and in AS 08.84

(1) "board" means the State Physical Therapy and Occupational Therapy Board;

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

(3) "licensed" has the same meaning as registered, certified, or a similar term used by another licensing jurisdiction;

(4) "NBCOT" means the National Board for Certification in Occupational Therapy;

(5) "HIPAA compliance" means compliance with 42 U.S.C. 300gg (Health Insurance Portability and Accountability Act of 1996);

(6) "interactive telecommunication system"

(A) means audio and video equipment that permits a two-way, real time communication between a therapist licensed under AS 08.84 and this chapter and a patient who is located at a distant site in the state which is not in close proximity of the therapist;

(B) does not include

(i) electronic mail;

(ii) facsimile machine; or

(iii) telephone;

(7) "telerehabilitation" means the practice of therapy by a person licensed as a therapist under AS 08.84 and this chapter using an interactive telecommunication system.

(8) "CAPTE" means the Commission on Accreditation in Physical Therapy Education;

(9) "ACOTE" means the Accreditation Council for Occupational Therapy Education.

History

Authority: AS 08.84.010; AS 08.84.040; AS 08.84.190 AS 08.84.030; AS 08.84.060 AS 08.84.032; AS 08.84.160
Eff. 10/30/82, Register 84; am 7/4/84, Register 90; am 9/26/91, Register 119; am 2/17/2002, Register 161; am 9/27/2008, Register 187; am 3/27/2024, Register 249

Chapter 56 Board of Marine Pilots

Article 1 Licensing Requirements

12 AAC 56.011 Types of licenses and endorsements

(a) The following licenses and endorsements are issued by the board for the geographical areas listed in 12 AAC 56.021:

(1) deputy marine pilot license - to pilot vessels of not more than 50,000 gross tons in the region for which the license is issued and limited to the geographical areas in that region for which the deputy marine pilot holds the required license endorsements;

(2) marine pilot license - to pilot vessels of any gross tons in the region for which the license is issued and limited to piloting under conditions and in the geographical areas in that region for which the marine pilot holds the required license endorsements;

(3) not more than 95,000 gross tons endorsement - authorizing a deputy marine pilot to pilot vessels of not more than 95,000 gross tons;

(4) VLCC endorsement - authorizing a marine pilot to pilot very large crude carriers (VLCC);

(5) training pilot endorsement - authorizing a marine pilot to act as a training pilot for a pilot organization in accordance with AS 08.62.097(b);

(6) repealed 1/29/2009;

(7) not more than 110,000 gross ton endorsement - authorizing a deputy marine pilot to pilot vessels of not more than 110,000 gross tons;

(8) repealed 1/29/2009.

(b) Repealed 5/26/2007.

(c) On September 19, 2020, a deputy marine pilot who holds a less than 65,000 gross tons endorsement will be considered to hold a not more than 95,000 gross tons endorsement and a deputy marine pilot who holds a less than 90,000 gross tons endorsement will be considered to hold a not more than 110,000 gross tons endorsement. The department will issue a new license to a deputy marine pilot that has a change in endorsement under this section reflecting the new endorsement.

(d) On September 19, 2020, experience toward an increased tonnage endorsement obtained by a deputy marine pilot while holding a less than 65,000 gross tons endorsement will be counted as experience obtained while holding a not more than 95,000 gross tons endorsement, and experience toward an increased tonnage endorsement obtained by a deputy marine pilot while holding a less than 90,000 gross tons endorsement will be counted as experience obtained while holding a not more than 110,000 gross tons endorsement.

(e) On April 14, 2018 a deputy marine pilot who holds a less than 50,000 gross tons endorsement will be considered to hold a not more than 50,000 gross tons endorsement. The department will issue a new license to a deputy marine pilot that has a change in endorsement under this section reflecting the new endorsement.

History

Authority: AS 08.62.040; AS 08.62.097 AS 08.62.093; AS 08.62.100
Eff. 7/26/90, Register 115; am 10/2/93, Register 127; am 6/16/96, Register 138; am 3/21/99, Register 149; am 10/25/2002, Register 164; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 4/14/2018, Register 226; am 9/19/2020, Register 235

12 AAC 56.012 Documentation of service

(a) An applicant for a deputy marine pilot license may document the service required by AS 08.62.093 by submitting copies of

(1) certificates of discharge;

(2) discharge logs;

(3) pilotage service and billing forms; or

(4) letters substantiating the applicant's service or other official employment documents from marine companies signed by appropriate officials or licensed masters.

(b) All documentation submitted under (a) of this section must include the

(1) amount, nature, and dates of the applicant's service;

(2) vessel name and official numbers;

(3) routes upon which the service was acquired; and

(4) gross tonnage of the vessel and barge, if applicable.

(1) "day" means the same as "day" in 46 C.F.R. 10.107;

(2) "service" means the time spent on duty on a vessel that is underway;

(3) "underway" means that a vessel is not at anchor or made fast to the shore or aground;

(4) "year" means the same as "year" in 46 C.F.R. 10.107.

History

Authority: AS 08.62.040; AS 08.62.093
Eff. 4/7/95, Register 134

12 AAC 56.014 Deputy marine pilot extension of route endorsement qualifications

Repealed.

History

Eff. 10/2/93, Register 127; am 8/9/97, Register 143; repealed 1/29/2009, Register 189

12 AAC 56.016 Training pilot endorsement

(a) To qualify for a training pilot endorsement under AS 08.62.097(b), a licensed marine pilot

(1) must hold a United States Coast Guard license as a first-class pilot of vessels of any gross tons with a federal pilotage endorsement for the waters for which a training pilot endorsement is sought, if a federal pilotage endorsement is issued for those waters;

(2) must submit evidence of compliance with the requirements of AS 08.62.120(a)(4)(A) during the license period immediately before the license period for which a training pilot endorsement is sought;

(3) must meet the following experience requirements during the period immediately before the license period for which a training pilot endorsement is sought:

(A) for a training pilot endorsement sought for the Southeastern or Southcentral Alaska Region, three consecutive years of experience as a state marine pilot in the region for which a training pilot endorsement is sought;

(B) repealed 12/1/2002;

(C) for a training pilot endorsement sought for the Western Alaska Region, three consecutive years of experience in the Western Alaska Region;

(4) shall submit a recommendation from the pilot organization of which the applicant is a member; and

(5) must be approved by the board, after the board has considered the recommendation of the marine pilot coordinator.

(b) A training pilot is not required to accept a pilot trainee. A training pilot shall notify the marine pilot coordinator of nonacceptance of a pilot trainee.

(c) A marine pilot who holds a training pilot endorsement for the Western Alaska Region that is valid on 6/16/96 may renew the endorsement through March 1, 1998, during regularly scheduled renewal periods, if the marine pilot meets the requirements in (a)(1) and (a)(2) of this section; to renew the endorsement beyond March 1, 1998, the marine pilot shall meet the requirements of (a)(1), (a)(2), and (a)(3)(C) of this section.

(d) For purposes of AS 08.62.165, the term "pilot" includes a training pilot who meets the requirements of this chapter.

(e) Notwithstanding (a) - (c) of this section, to qualify for a training pilot endorsement under AS 08.62.097(b), a marine pilot who is transferring back into a region where the pilot previously held a training endorsement must meet only that region's organization board approved training program requirements for returning pilots who previously held a training endorsement.

History

Authority: AS 08.62.040; AS 08.62.097; AS 08.62.165
Eff. 10/2/93, Register 127; am 4/7/95, Register 134; am 5/17/95, Register 134; am 6/16/96, Register 138; am 12/1/2002, Register 164; am 6/13/2003, Register 166; am 7/15/2006, Register 179

12 AAC 56.018 Qualifications for not more than 95,000 gross tons endorsement

(a) To qualify for an endorsement to pilot vessels of not more than 95,000 gross tons, a deputy marine pilot must

(1) meet the requirements of the regional training program approved by the board under 12 AAC 56.035 for the pilotage region where the deputy marine pilot is licensed; and

(2) on at least 30 days have performed vessel movements as a deputy marine pilot onboard vessels requiring a state licensed marine pilot.

(b) Repealed 1/29/2009.

History

Authority: AS 08.62.040; AS 08.62.093
Eff. 11/7/93, Register 128; am 6/16/96, Register 138; am 1/23/99, Register 149; am 10/25/2002, Register 164; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 9/19/2020, Register 235

12 AAC 56.019 Qualifications for not more than 110,000 gross tons endorsement

(a) To qualify for an endorsement to pilot vessels of not more than 110,000 gross tons, a deputy marine pilot must

(1) meet the requirements of the regional training program approved by the board under 12 AAC 56.035 for the pilotage region where the deputy marine pilot is licensed;

(2) have held an endorsement as a deputy marine pilot for a period of at least one year; and

(3) while holding a deputy marine pilot license of not more than 95,000 gross tons, have performed at least 60 days of vessel movements onboard vessels requiring a state licensed marine pilot.

(b) Repealed 9/19/2020.

History

Authority: AS 08.62.040; AS 08.62.093
Eff. 3/21/99, Register 149; am 10/25/2002, Register 164; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 9/19/2020, Register 235

12 AAC 56.020 Meetings

Repealed 8/22/85.

12 AAC 56.021 Pilotage regions

(a) Pilotage regions for which a marine pilot license may be issued are as follows:

(1) Southeastern Alaska Region - covering the compulsory pilotage waters of Alaska commencing at the southern border with Canada, then west to and north on 141° west longitude;

(2) Southcentral Alaska Region - covering the compulsory pilotage waters of Alaska commencing at the western boundary of the Southeastern Alaska pilotage region, then generally west to 156° west longitude;

(3) Western Alaska Region - covering the compulsory pilotage waters of Alaska commencing at the western boundary of the Southcentral pilotage region, then west, north, and east to the northern border with Canada;

(4) repealed 10/25/2002.

(b) Each exemption or endorsement to a marine pilot license must be identified on the license.

History

Authority: AS 08.62.040; AS 08.62.080
Eff. 3/30/88, Register 97; am 8/15/92, Register 123; am 10/2/93, Register 127; am 10/25/2002, Register 164

12 AAC 56.022 Transition

Repealed.

History

Eff. 8/15/92, Register 123; repealed 6/16/96, Register 138

12 AAC 56.023 Qualifications for less than 100,000 gross tons endorsement

Repealed.

History

Eff. 5/26/2007, Register 182; repealed 1/29/2009, Register 189

12 AAC 56.025 Applications

(a) To be eligible to take the regional local knowledge examination required by 12 AAC 56.026(k), an applicant shall apply on a form provided by the department and pay the examination fees required in 12 AAC 02.240 at least 60 days before the date of the examination. Not less than 30 days before the date of the examination, the applicant shall submit

(1) repealed 9/6/2024;

(2) evidence that the applicant is at least 25 years of age;

(3) all existing evaluations of the applicant's training in an approved training program with a recognized pilot organization; at least 10 days before the date of the licensing examination the applicant shall submit all remaining evaluations necessary to demonstrate successful completion of all applicable regional training requirements listed in 12 AAC 56.028, and a letter from a recognized pilot organization stating the applicant has completed the organization's approved training program;

(4) a full-sized certified copy of both sides of the applicant's valid United States Coast Guard license, with radar endorsement and an endorsement of first class pilotage without tonnage restrictions as required in 12 AAC 56.028 for the pilotage region in which the training occurred;

(5) repealed 8/9/97;

(6) the names and addresses of three United States Coast Guard licensed master mariners who may be contacted for a recommendation attesting to the applicant's professional qualifications and good moral character;

(7) documentation of the applicant's education, employment record, and other special qualifications, including, if possible, copies of discharges, certificates, and letters;

(8) on a form provided by the department, a notarized statement by the applicant whether,

(A) within the five years before the application, the applicant has

(i) been convicted of a felony;

(ii) been convicted of any repeat minor offenses involving excessive use of alcohol;

(iii) had a conviction involving the possession, use, or sale of drugs; or

(iv) had a marine or motor vehicle driver's license revoked, suspended, or limited in any jurisdiction; and

(B) the applicant is currently

(i) under investigation or subject to a disciplinary proceeding by the United States Coast Guard; or

(ii) under treatment for drug or alcohol abuse;

(9) a certificate that shows a negative result on a test for illegal drug use from a testing facility that complies with the requirements adopted in 12 AAC 56.940(b) conducted not more than 90 days before the date of the examination; the testing facility will mail the drug test results directly to the marine pilot coordinator; and

(10) evidence of a satisfactory physical examination on a form provided by the department not more than 90 days before the date of the examination; the physical exam must demonstrate that the applicant is physically fit to perform the duties of a pilot, including an examination of eyesight, hearing, blood pressure, physical agility, and cognitive capabilities.

(b) Repealed 7/26/90.

(c) To be eligible to take the deputy marine pilot core examination required in 12 AAC 56.026(a)(3), an applicant shall apply on a form provided by the department and submit,

(1) at least 30 days before the date of the examination,

(A) the applicable application and examination fees required in 12 AAC 02.240;

(B) evidence of experience as required in

(i) AS 08.62.093(b)(1), (2), (3), (4), or (5); or

(ii) AS 08.62.093(b)(6) by enrollment in a board approved deputy marine pilot apprenticeship program under 12 AAC 56.033;

(2) before the examination, a full-sized certified copy of both sides of the applicant's United States Coast Guard license, demonstrating compliance with 12 AAC 56.026(a)(2).

(d) Repealed 1/29/2009.

(e) Deleted.

(f) An applicant for an increased tonnage endorsement under 12 AAC 56.018 or 12 AAC 56.019 shall apply on a form provided by the department and submit the applicable application fee required in 12 AAC 02.240.

(g) An apprentice applying for a deputy marine pilot license under 12 AAC 56.033(b) must meet the requirements in (a) and (c) of this section.

(h) An applicant applying for a marine pilot license under 12 AAC 56.029 shall apply on a form provided by the department and submit,

(1) the applicable application fee required in 12 AAC 02.240;

(2) evidence that the applicant meets the requirements of 12 AAC 56.029(1), (5) and (6).

(i) An application that satisfactorily documents that applicable requirements for the examination, license, or endorsement are met is considered complete. The marine pilot coordinator shall review all submitted applications and approve those applications that comply with all applicable requirements. If an application is not complete by 30 days before the date of examination, the applicant may not be approved to sit for that examination.

(j) To be eligible to take the regional local knowledge examination required by 12 AAC 56.034(a)(5) or to activate a previously held marine pilot regional endorsement, an applicant shall apply on a form provided by the department and pay the examination fees required in 12 AAC 02.240 at least 60 days before the date of the examination. Not less than 30 days before the date of the examination, the applicant shall submit

(1) repealed 9/6/2024;

(2) a full-sized certified copy of both sides of the applicant's valid United States Coast Guard license, with radar endorsement and an endorsement of first class pilotage without tonnage restrictions as required in 12 AAC 56.034(a)(1) for the pilotage region in which the training occurred;

(3) all existing evaluations of the applicant's training in an approved training program under 12 AAC 56.035(a)(3) with a recognized pilot organization; at least 10 days before the date of the regional local knowledge examination, the applicant shall submit all remaining evaluations necessary to demonstrate successful completion of all applicable regional training requirements required in 12 AAC 56.035(a)(3);

(4) a letter as required by 12 AAC 56.034(b) stating that the applicant has completed the organization's approved training program as required in 12 AAC 56.035(a)(3).

History

Authority: AS 08.62.040; AS 08.62.050
Eff. 12/14/86, Register 100; am 7/26/90, Register 115; am 11/7/93, Register 128; am 8/9/97, Register 143; am 10/25/2002, Register 164; am 2/12/2005, Register 173; am 9/12/2006, Register 179; am 1/29/2009, Register 189; am 6/11/2010, Register 194; am 9/6/2024, Register 251

12 AAC 56.026 Deputy marine pilot training program

(a) To qualify as a trainee in a deputy marine pilot training program approved under 12 AAC 56.035, a candidate must

(1) meet the requirements of AS 08.62.093(a)(1) and (b);

(2) possess a valid United States Coast Guard license with an endorsement of first class pilotage without tonnage restrictions for at least one area within the pilotage region will occur; and

(3) pass the deputy marine pilot core examination described in 12 AAC 56.070(e).

(b) A pilot organization shall notify the board when a candidate is accepted for training before that trainee may begin supervised training trips including supervised dockings, undockings, moorings, unmoorings, and transits of specific waterways required as part of the training program.

(c) All vessel maneuvers performed by a trainee in a training program must be supervised by a state licensed marine pilot who holds a valid training pilot endorsement for the region in which the maneuvers are performed. A trainee may not control the movements of a vessel subject to AS 08.62 until the trainee has met the requirements of (a) of this section. A trainee must be under the direct supervision of a training pilot who has full responsibility for the trainee at all times during vessel maneuvers.

(d) Maneuvers must be made on vessels subject to AS 08.62 that are of the gross tonnage specified in the training program or on vessels under enrollment of not less than 1,600 gross tons if no gross tonnage is specified in the training program.

(e) A trainee may conduct maneuvers only in an area for which the trainee holds an endorsement of first class pilotage without tonnage restrictions on the trainee's United States Coast Guard license. The trainee shall complete all maneuvers at the locations designated and in accordance with the requirements of the regional training program approved by the board under 12 AAC 56.035 for the pilotage region in which the training is to occur, within three years after initial acceptance into the training program. The board will approve an extension of this time requirement if the trainee demonstrates to the board's satisfaction that there are insufficient ships or training pilots available to complete the training program within the three years.

(f) The trainee shall give a briefing of the planned maneuver to the training pilot before the maneuver. The training pilot shall provide the trainee with a written evaluation on a form included in the regional training program approved by the board under 12 AAC 56.035 the completion of the maneuver. The training pilot shall clearly state on the evaluation form whether the maneuver was satisfactory and whether it will count towards meeting licensing requirements.

(g) Each quarter, a trainee shall submit to the marine pilot coordinator a copy of each evaluation form received. The trainee and training pilot shall keep a copy of each evaluation in a training log.

(h) The pilot organization or its training committee, if any, shall give a written explanation of deficiencies to a trainee who is not progressing satisfactorily and shall include suggestions to remedy those deficiencies. The pilot organization shall place a copy of this evaluation in the trainee's file.

(i) The board or the marine pilot coordinator will approve a candidate to take the deputy marine pilot core examination required in (a)(3) of this section if the applicant meets the requirements of (a)(1) and (2) of this section and the application requirements of 12 AAC 56.025(c). The board or the marine pilot coordinator will approve a trainee to take the deputy marine pilot regional local knowledge examination required in (k) of this section if the board or the marine pilot coordinator determines that the trainee has satisfactorily completed the training requirements of this chapter and has complied with the application requirements of 12 AAC 56.025(a).

(j) A pilot organization shall notify the board when a candidate is accepted as a pilot observer for the purpose of completing familiarization trips necessary to obtain the candidate's United States Coast Guard license endorsement of first class pilotage without tonnage restrictions required in (a)(2) of this section. To qualify as a pilot observer, a candidate must meet the requirements of (a)(1) of this section or be enrolled in a board-approved deputy marine pilot apprenticeship program under AS 08.62.093(b)(6).

(k) Following the completion of the applicable training program, a trainee must pass the regional local knowledge examination and the oral examination described in 12 AAC 56.070(d) and (f).

History

Authority: AS 08.62.040; AS 08.62.097
Eff. 10/2/93, Register 127; am 7/15/95, Register 135; am 5/29/96, Register 138; am 8/9/97, Register 143; am 10/24/2002, Register 164; am 9/12/2006, Register 179; am 1/29/2009, Register 189; am 9/19/2020, Register 235

12 AAC 56.027 Supervised movements

(a) All supervised movements required to be done by an applicant for licensure under this chapter must have been

(1) executed while the applicant possessed a valid United States Coast Guard license with an endorsement of first class pilotage without tonnage restrictions for the area in which the movement was done;

(2) executed while the applicant held at least a United States Coast Guard license as master of steam or motor vessels of not more than 1,600 gross tons;

(3) executed within the three years before the date of application;

(4) completed with no more than 40 percent of the dockings and 40 percent of the undockings made under the supervision of the same training pilot; and

(5) certified by the supervising training pilot as having been satisfactory and must have included a full briefing and debriefing by the supervising pilot; the applicant shall submit to the board documentation of all supervised vessel movements on an evaluation form included in the regional training program approved by the board under 12 AAC 56.035.

(b) A licensee holding a limited pilot license may not supervise the movements required by 12 AAC 56.028.

(d) Repealed 1/29/2009.

(e) Repealed 7/15/95.

(f) Repealed 7/15/95.

History

Authority: AS 08.62.040; AS 08.62.097
Eff. 7/26/90, Register 115; am 11/7/93, Register 128; am 5/17/95, Register 134; am 7/15/95, Register 135; am 6/16/96, Register 138; am 10/24/2002, Register 164; am 9/12/2006, Register 179; am 1/29/2009, Register 189

12 AAC 56.028 Regional requirements for deputy marine pilot license

(a) Southeastern Alaska Region - An applicant for a deputy marine pilot license in the Southeastern Alaska Region must possess a valid United States Coast Guard license with an endorsement of first class pilotage without tonnage restrictions for the region as specified in the regional training program approved by the board under 12 AAC 56.035. An applicant shall meet the following training requirements:

(1) completion of supervised movements performed on vessels subject to AS 08.62 or other vessels of at least 1,600 gross tons as follows:

(A) Ketchikan - eight dockings and eight undockings at cruise ship berths;

(B) Skagway - eight dockings and eight undockings;

(D) in addition to the other dockings and undockings required under (A) - (C) of this paragraph, 10 dockings and 10 undockings performed at any combination of ports in the region not listed in (A) - (C) of this paragraph; performed in accordance with the regional training program approved by the board under 12 AAC 56.035, except that not more than four dockings and four undockings may be performed at any one port and not more than three dockings and three undockings performed in a board approved simulator or a manned model facility may be substituted for dockings and undockings at the physical site;

(E) at least four moorings and four unmoorings at any mooring in the Southeastern Alaska Region as provided in the regional training program approved by the board under 12 AAC 56.035; not more than three moorings and three unmoorings performed in a board approved simulator or a manned model facility may be substituted for moorings or unmoorings at the physical site;

(F) six anchorings with at least one at each of the following ports:

(i) Ketchikan Harbor;

(ii) Juneau Harbor;

(iii) Sitka Eastern Anchorage;

(2) deputy marine pilot observer trips as required in 12 AAC 56.068;

(3) in accordance with the regional training program approved by the board under 12 AAC 56.035, not less than 20 supervised transits at the conn through the following waterways, with no more than two transits in any one waterway:

(A) Saginaw Channel;

(B) Favorite Channel;

(D) North Inian Passage;

(E) Snow Passage;

(F) Revillagigedo Channel;

(G) Tongass Narrows;

(H) Disenchantment Bay;

(I) Glacier Bay, including from Young Island to Willoughby Island, Tarr Inlet and Johns Hopkins Inlet to Jaw Point;

(J) Tracy Arm Bar or Endicott Arm;

(K) Sitka from sea;

(L) Gastineau Channel;

(4) successful completion of a bridge resource management for pilots course of at least 16 hours that meets the requirements determined by the board based on standards established by the American Pilots' Association and either a

(A) bridge simulator course that is region specific or emphasizes a pilot's proficiency; or

(B) manned model course;

(5) port-specific training by simulator as required in the regional training program approved by the board under 12 AAC 56.035.

(b) Southcentral Alaska Region - An applicant for a deputy marine pilot license in the Southcentral Alaska Region must possess a valid United States Coast Guard license with an endorsement of first class pilotage without tonnage restrictions for the region as specified in the regional training program approved by the board under 12 AAC 56.035. The applicant shall meet the following training requirements:

(1) at least 100 supervised movements, performed throughout the region, with training in all currently active ports, as specified in the regional training program approved by the board under 12 AAC 56.035, and including

(A) Nikiski - 18 dockings and 18 undockings under the supervision of at least three different training pilots, including

(i) four dockings and four undockings performed within the period beginning October 1 and ending April 1;

(ii) four dockings and four undockings performed under ice conditions; a board-approved ice simulator training course for this port may be substituted for two dockings and two undockings; and

(iii) four dockings performed while dredging an anchor;

(B) Anchorage - seven dockings and seven undockings under the supervision of at least two different training pilots, including

(i) two dockings and two undockings performed under ice conditions;

(ii) two dockings and two undockings performed on vessels in excess of 10,000 gross tons; and

(iii) two dockings and two undockings performed with tug assistance;

(2) successful completion of a bridge resource management for pilots course of at least 16 hours that meets the requirements determined by the board based on standards established by the American Pilots' Association and either

(A) a bridge simulator course that is region specific or emphasizes a pilot's proficiency; or

(B) a manned model course;

(3) port-specific training by simulator as required by the regional training program approved by the board under 12 AAC 56.035.

(c) Western Alaska Region - An applicant for a deputy marine pilot license in the Western Alaska Region must possess a valid United States Coast Guard license with an endorsement of first class pilotage without tonnage restrictions for the region as specified in the regional training program approved by the board in 12 AAC 56.035. An applicant shall meet the requirements for supervised movements in the regional training program approved by the board, including

(1) completion of 90 supervised movements in active ports throughout the region, including

(A) Dutch Harbor/Captains Bay - 25 dockings and 25 undockings as follows:

(i) 10 of the dockings and 10 of the undockings must be performed within the period beginning October 1 and ending April 1;

(ii) 10 of the dockings and 10 of the undockings must be performed at night;

(iii) no more than 40 percent of the dockings and 40 percent of the undockings may be made under the supervision of the same training pilot;

(iv) a minimum of 10 dockings and 10 undockings in Dutch Harbor;

(B) in addition to the dockings and undockings required under (A) of this paragraph, 10 dockings and 10 undockings performed at any combination of outports within the region in accordance with the regional training program approved by the board;

(d) Repealed 12/1/2002.

(e) Due to fluctuating marine traffic patterns, a training requirement specified in this section may be unobtainable from time to time. A trainee who has otherwise completed all of the training requirements specified in this section may request the marine pilot coordinator to review the availability of vessel traffic to meet specific training requirements that the trainee believes are unobtainable. The request for review must be in writing and accompanied by documentation that demonstrates the completion of all other training requirements. The marine pilot coordinator shall forward the results of the review to the board. The board will, in its discretion, grant a waiver of the training according to the provisions of this section.

(f) Upon receipt of a request to review a particular training requirement, the marine pilot coordinator will review the vessel traffic of the area in question to determine whether during the preceding 12 months, the vessel traffic fell below the total number of movements necessary to meet that requirement.

(g) If the request for review concerns a training requirement specified in this section that is comprised of a list of alternatives from which a composite training requirement must be met, the marine pilot coordinator will review the vessel traffic in all the alternatives involved to determine whether during the preceding 12 months the vessel traffic among those alternatives fell below the total number of movements required for that training.

(h) If the board determines that during the preceding 12 months, insufficient vessel traffic existed for the completion of the training requirement, the specific requirement in this section is waived and the trainee shall make up the waived requirement by performing the same number and type of required maneuvers at another location in the applicable region. The location of the substituted maneuvers must be one already identified in this section for the same type of training.

(i) If a requirement for which vessel traffic has been determined to be inadequate subsequently becomes viable, the board shall inform any trainees affected, that all remaining maneuvers for that requirement, not already substituted, must be completed in the area specified by regulation.

(j) An apprentice who has completed not less than 12 months of apprenticeship training may make a request to receive credit for one year's experience under 12 AAC 56.033 by submitting to the marine pilot coordinator documentation that demonstrates the trainee has completed 125 percent of supervised movements in (a)(1), (b)(1), or (c)(1) of this section. The marine pilot coordinator shall forward the request and documentation to the board. The board may grant credit equal to one year's experience to the trainee for the region for which the trainee has requested credit. A trainee may not request experience credit more than one time and the request may pertain to only one region specified in this section.

History

Authority: AS 08.62.040; AS 08.62.097
Eff. 10/2/93, Register 127; am 11/10/93, Register 128; am 7/15/95, Register 135; am 5/26/96, Register 138; am 6/16/96, Register 138; am 8/9/97, Register 143; am 1/23/99, Register 149; am 10/18/2001, Register 160; am 10/24/2002, Register 164; am 12/1/2002, Register 164; am 4/28/2005, Register 174; am 9/12/2006, Register 179; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 10/28/2010, Register 196; am 6/1/2013, Register 206; am 9/29/2017, Register 223; am 5/6/2021, Register 238; am 9/6/2024, Register 251

12 AAC 56.029 General requirements for marine pilot license

To qualify for a marine pilot license under AS 08.62.100(a), an applicant must

(1) possess a valid United States Coast Guard license with an endorsement of first class pilotage without tonnage restrictions for the entire region for which a marine pilot license is sought;

(2) show that the applicant has held a valid deputy marine pilot license in this state for a minimum of three years while remaining eligible for license renewal during this period of service without use of the familiarization trips under AS 08.62.120;

(3) repealed 10/25/2002;

(4) possess a valid deputy marine pilot license without geographical exclusions in the region for which the marine pilot license is sought;

(5) have completed a manned ship model course or a simulator course approved by the board within the three years before the date of application for a marine pilot license;

(6) satisfy the regional experience requirements established in 12 AAC 56.031 for the region for which the marine pilot license is sought;

(7) satisfy all additional licensure requirements established by the board in this chapter, including a passing grade on written and oral examinations required by the board in 12 AAC 56.070;

(8) be a citizen of the United States; and

(9) show that the applicant has held a valid deputy marine pilot endorsement to pilot vessels of not more than 110,000 gross tons.

History

Authority: AS 08.62.040; AS 08.62.100
Eff. 11/1/93, Register 128; am 5/29/96, Register 138; am 3/21/99, Register 149; am 10/24/2002, Register 164; am 10/25/2002, Register 164; am 9/12/2006, Register 179; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 10/9/2016, Register 220; am 9/19/2020, Register 235

12 AAC 56.030 Qualifications for unlimited pilot license

Deleted.

12 AAC 56.031 Regional requirements for marine pilot license

(a) Southeastern Alaska Region - An applicant for a marine pilot license in the Southeastern Alaska Region must complete the requirements of the training program for that region approved by the board under 12 AAC 56.035, including the following requirements:

(1) while holding a deputy marine pilot endorsement to pilot vessels of not more than 110,000 gross tons, complete at least 60 days of vessel movements on board vessels requiring a state licensed marine pilot, including three assessed dockings, three assessed undockings, and three assessed transits on vessels of 60,000 gross tons or greater; no more than 40 percent of the dockings and undockings may be assessed by the same training pilot; an assessment required under this paragraph is a pass/fail evaluation, conducted by a training pilot, of an unassisted, supervised movement documented on a form included in the regional training program approved by the board under 12 AAC 56.035;

(2) pilot observer trips in accordance with 12 AAC 56.068.

(b) Southcentral Alaska Region - An applicant for a marine pilot license in the Southcentral Alaska Region must complete the requirements of the training program for that region approved by the board under 12 AAC 56.035, including the following requirements:

(1) while holding an endorsement to pilot vessels of not more than 110,000 gross tons, complete a total of 20 supervised dockings and 20 supervised undockings at the available operational berths at the Alyeska Terminal; the dockings and undockings at the Alyeska Terminal must include four dockings and four undockings at night; at least half of the dockings and undockings must be performed within the period beginning October 1 and ending April 1;

(2) the applicant must have held a valid deputy marine pilot endorsement to pilot vessels of not more than 110,000 gross tons for at least one year.

(c) Western Alaska Region - An applicant for a marine pilot license in the Western Alaska Region must complete the requirements of the training program for that region approved by the board under 12 AAC 56.035, including the following requirements:

(1) completion of 200 vessel movements in ports throughout the region, 100 of which must be either dockings or undockings;

(2) completion of a simulator or manned model course approved by the board; and

(3) the applicant must have held a valid deputy marine pilot endorsement to pilot vessels of not more than 110,000 gross tons for at least one year.

History

Authority: AS 08.62.040; AS 08.62.100
Eff. 11/7/93, Register 128; am 1/23/99, Register 149; am 5/31/2000, Register 154; am 10/24/2002, Register 164; am 10/25/2002, Register 164; am 4/28/2005, Register 174; am 9/12/2006, Register 179; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 9/19/2020, Register 235

12 AAC 56.032 Dismissal of a trainee from a deputy marine pilot training program

(a) If a pilot organization dismisses a trainee from its training program, the dismissal procedure used must be consistent with the pilot organization bylaws, including provisions related to uniform and nondiscriminatory treatment, and must give due process.

(b) A pilot organization shall notify the board within 30 days of the dismissal of a trainee from its training program.

History

Authority: AS 08.62.040; AS 08.62.097; AS 08.62.100
Eff. 11/7/93, Register 128

12 AAC 56.033 Deputy marine pilot apprenticeship program

(a) To be approved by the board, a deputy marine pilot apprenticeship program must

(1) promote comprehensive pilot development through a program of intensive observation and instruction under the supervision of state licensed marine pilots;

(2) be open to all individuals who meet the application approval and candidate selection criteria adopted in the pilot organization's articles and bylaws;

(3) provide for the individual training needs of the apprentice, considering the apprentice's background, maritime experience, and progress in the deputy marine pilot apprenticeship program; and

(4) promote individual career development through access to maritime training, education, and associated employment opportunities.

(b) The board will issue a deputy marine pilot license to an apprentice who

(1) meets the requirements of AS 08.62.093(a)(1);

(2) has completed a minimum of four years of training as an apprentice in a deputy marine pilot apprenticeship program approved under this section in the pilotage region for which the deputy marine pilot license is sought; an apprentice may receive credit equal to one year's training for documented experience approved by the board under 12 AAC 56.028;

(3) meets the application requirements in 12 AAC 56.025;

(4) has passed the written and oral examinations required under 12 AAC 56.070; and

(5) repealed 1/29/2009;

(6) has completed the training requirements specified in a regional training program approved by the board under 12 AAC 56.035.

(c) An applicant accepted in an apprenticeship program established under this chapter may not begin the supervised vessel movements required under 12 AAC 56.028 before the apprentice

(1) repealed 9/19/2020;

(2) has passed the deputy marine pilot core examination required by the board under 12 AAC 56.070;

(3) holds at least a United States Coast Guard license as master of steam or motor vessels of not more than 1,600 gross tons; and

(4) holds a valid United States Coast Guard license with an endorsement of first class pilotage without tonnage restrictions for the areas in which the vessel movements will occur.

(d) The board will not approve an apprenticeship program unless a pilot organization agrees to notify the board when an individual is accepted into a deputy marine pilot apprenticeship program. An individual accepted into that program may not begin supervised observer, familiarization, or training trips, including supervised dockings, undockings, moorings, unmoorings, and transits of specific waterways required as part of the deputy marine pilot apprenticeship program, until the notice has been provided in accordance with this section.

(e) The board will not approve an apprenticeship program unless the pilot organization or its training committee, if any, agrees to give a written explanation of deficiencies to an apprentice who is not progressing satisfactorily, including suggestions to remedy the apprentice's deficiencies, and to place a copy of the evaluation in the apprentice's training file and provide a copy to the marine pilot coordinator.

(f) Enrollment in an apprenticeship program does not prevent the apprentice from applying for licensure as a deputy marine pilot under AS 08.62.093(b)(1) - (b)(5) and applicable regulations.

History

Authority: AS 08.62.040; AS 08.62.097 AS 08.62.093; AS 08.62.175
Eff. 6/16/96, Register 138; am 1/29/2009, Register 189; am 9/19/2020, Register 235; am 5/6/2021, Register 238

12 AAC 56.034 Qualifications to transfer a marine pilot license to a different pilotage region within the state

(a) A marine pilot seeking to qualify to transfer the marine pilot's license to a different pilotage region within the state must

(1) possess a valid United States Coast Guard license, with radar endorsement and an endorsement of first class pilotage without tonnage restrictions for the entire pilotage region in which licensure is desired, except as provided in 12 AAC 56.028(a) for the Southeastern Alaska Region and 12 AAC 56.028(c) for the Western Alaska Region;

(2) possess a valid marine pilot license issued under AS 08.62 and this chapter;

(3) complete the requirements of the training program specified in 12 AAC 56.035(a)(3) for the pilotage region in which the applicant will transfer;

(4) comply with the application requirements of 12 AAC 56.025(j); and

(5) pass the regional local knowledge examination described in 12 AAC 56.070(f) for the pilotage region in which the applicant will transfer.

(b) Before a marine pilot may qualify to take the regional local knowledge examination described in 12 AAC 56.070(f) for the region in which the applicant will transfer, the recognized pilot organization that provided the training must submit to the department a letter stating that the applicant has completed the organization's approved training program described in 12 AAC 56.035(a)(3).

History

Authority: AS 08.62.040; AS 08.62.080
Eff. 10/25/2002, Register 164; am 9/12/2006, Register 179

12 AAC 56.035 Approval of pilot organization training or apprenticeship program

(a) Each pilot organization shall submit a training program proposal to the board for approval. A training program must provide for the training of

(1) candidates for a deputy marine pilot license;

(2) deputy marine pilots upgrading their licenses to marine pilot licenses; and

(3) marine pilots transferring into the pilotage region from another pilotage region within the state.

(b) To be approved by the board, a pilot training or apprenticeship program must meet or exceed the applicable requirements of 12 AAC 56.026, 12 AAC 56.027, 12 AAC 56.028, 12 AAC 56.029, 12 AAC 56.031, 12 AAC 56.032, 12 AAC 56.033, and 12 AAC 56.068.

(c) An approved training program must prepare a trainee to demonstrate a minimum level of knowledge of the state oil pollution prevention requirements in 18 AAC 75.

(d) The Department of Environmental Conservation may review the training program of pilots engaged in piloting tank vessels.

History

Authority: AS 08.62.040; AS 08.62.097; AS 08.62.100
Eff. 10/2/93, Register 127; am 11/7/93, Register 128; am 6/16/96, Register 138; am 10/25/2002, Register 164; am 1/29/2009, Register 189

12 AAC 56.036 Definitions related to training and apprenticeship programs

Repealed.

History

Eff. 10/2/93, Register 127; am 11/7/93, Register 128; am 5/29/96, Register 138; am 6/16/96, Register 138; repealed 1/23/99, Register 149

12 AAC 56.037 Conn requirements for training

The following training requirements must be accomplished while the trainee is at the conn:

(1) anchorings;

(2) dockings;

(3) moorings;

(4) undockings;

(5) unmoorings; and

(6) weighing anchor.

History

Authority: AS 08.62.040; AS 08.62.097; AS 08.62.100
Eff. 1/23/99, Register 149

12 AAC 56.040 Qualifications for limited pilot license

Deleted.

12 AAC 56.045 Qualifications for increased tonnage

Deleted.

12 AAC 56.050 Qualifications for channel pilot license

Repealed.

History

Eff. 6/11/71, Register 38; am 6/1/72, Register 42; am 6/19/74, Register 50; am 12/14/86, Register 100; am 7/26/90, Register 115; repealed 10/2/93, Register 127

12 AAC 56.053 Qualification for extension of route endorsement

Repealed.

History

Eff. 7/26/90, Register 115; repealed 10/2/93, Register 127

12 AAC 56.055 Licensing areas

Renumbered as 12 AAC 56.021, 7/26/90.

12 AAC 56.060 Qualifications for temporary license

Repealed.

History

Eff. 6/11/71, Register 38; am 6/1/72, Register 42; am 6/19/74, Register 50; am 6/30/78, Register 66; am 8/29/87, Register 103; am 7/26/90, Register 115; repealed 10/2/93, Register 127

12 AAC 56.068 Observer trip requirements

(a) Pilot observer trips are required for areas that are not specifically tested for by the United States Coast Guard and those areas identified in a regional training program approved by the board under 12 AAC 56.035 where the difficulty of the route or the volume of shipping makes additional observation trips necessary to adequately judge a pilot's competency in that area. All observer trips required under this section must be completed on vessels equipped with working radar, fathometer, and compass.

(b) An applicant for a deputy marine pilot license in the Southcentral Alaska Region must make an observer trip in each of the geographical areas required in the regional training program approved by the board under 12 AAC 56.035 for that region.

(c) An applicant for a marine pilot license in the Southeastern Alaska Region must make an observer trip in each of the geographical areas required in the regional training program approved by the board under 12 AAC 56.035 for that region.

History

Authority: AS 08.62.040; AS 08.62.097; AS 08.62.100
Eff. 7/26/90, Register 115; am 10/2/93, Register 127; am 11/7/93, Register 128; am 10/24/2002, Register 164; am 2/12/2005, Register 173; am 9/12/2006, Register 179; am 1/29/2009, Register 189

12 AAC 56.070 Examinations

(a) The examinations required by 12 AAC 56.026(a)(3), 12 AAC 56.026(k), 12 AAC 56.033(c), and 12 AAC 56.085(b)(3) for a license or endorsement will be offered at least once per year.

(b) Both the written and the oral examination will cover the following topics:

(1) international rules of the road;

(2) seamanship, including shiphandling underway, docking and undocking, including use of tugs and anchors, and emergency procedures;

(3) pilot safety and state pollution regulations;

(4) rules and regulations, including all federal and state statutes and regulations, affecting the piloting of vessels in compulsory pilotage waters of Alaska;

(5) pilot responsibilities, including duties of a pilot, relationship between master and pilot, practical operation of marine radar including plotting, and engine order and rudder commands for United States merchant vessels, United States naval vessels, and foreign merchant vessels; and

(6) local knowledge of individual geographical areas, including routes from sea to port and port to port, change of course points and distances passed abeam, names and locations of landmarks, waterways and aids to navigation, tides and currents, weather, restricted areas and explosive anchorages, dredged channels, cable areas, and other anchorages, docks, and dangers.

(c) The applicant must pass the core examination with a score of at least 75 before the applicant may take the local knowledge examination. The applicant will be tested on local knowledge of individual geographical areas under (b)(6) of this section for the region where the applicant seeks licensure, and must pass the examination with a score of at least 85 percent. An applicant may take the oral examination after the applicant has passed the written examination.

(d) In addition to the other topics listed in this section, an applicant for licensure will be orally examined by the board on the

(1) information provided with the license application;

(2) applicant's conduct as a mariner; and

(3) applicant's past safety record as a mariner.

(e) The deputy marine pilot core examination required in 12 AAC 56.026(a)(3) consists of a written examination that covers the topics listed in (b)(1) - (5) of this section. The core examination may be administered and scored by the marine pilot coordinator. If the marine pilot coordinator administers the core examination, it will be given on a date and time to be determined by the marine pilot coordinator, after consultation with the applicant. If an applicant fails the deputy marine pilot core examination, the applicant may not retake the core examination for at least 60 days.

(f) The regional local knowledge examination required in 12 AAC 56.026(k) consists of a written examination that covers the topics listed in (b)(6) of this section for the entire applicable pilotage region.

(g) Repealed 1/29/2009.

History

Authority: AS 08.62.040; AS 08.62.050
Eff. 6/11/71, Register 38; am 6/1/72, Register 42; am 6/19/74, Register 50; am 11/14/80, Register 76; am 8/29/87, Register 103; am 7/26/90, Register 115; am 10/2/93, Register 127; am 7/15/95, Register 135; am 6/16/96, Register 138; am 8/9/97, Register 143; am 1/29/2009, Register 189; am 9/6/2024, Register 251

12 AAC 56.075 Waiver of license qualification requirements

Repealed.

History

Eff. 12/14/86, Register 100; repealed 10/2/93, Register 127

12 AAC 56.080 Biennial license renewal

(a) Deputy marine pilot and marine pilot licenses expire on December 31 of even numbered years.

(b) To renew a marine pilot license, a marine pilot shall submit

(1) a completed renewal application on a form provided by the department; the application must demonstrate that the applicant meets the requirements of AS 08.62.120, including compliance with (c) of this section;

(2) on a form provided by the department, verification of a physical examination of the marine pilot conducted by a licensed physician within 60 days before the date of license renewal, including an examination of the marine pilot's eyesight, hearing, blood pressure, physical agility, and cognitive capabilities, confirming that the marine pilot is physically fit to perform the duties of a marine pilot;

(3) verification that the marine pilot participates in a federal or state approved random drug testing program as specified in 12 AAC 56.940(b);

(4) the biennial license renewal fee established in 12 AAC 02.240;

(5) a current copy of the marine pilot's valid Coast Guard license of not less than 1,600 gross tons with an endorsement of first class pilotage for the pilotage region where the marine pilot holds a license; and

(6) verification that the marine pilot has met the continuing education requirements of 12 AAC 56.083.

(c) To meet the requirements of AS 08.62.120(a)(4), except as provided under (i) of this section, an applicant for license renewal shall

(1) document the piloting experience required in AS 08.62.120(a)(4)(A); or

(2) document having completed within one year immediately preceding the date of application for renewal the familiarization trips required in 12 AAC 56.082 in the region for which renewal is sought.

(d) For the purpose of fulfilling the requirements of (c) of this section, no more than one day's credit for piloting will be given in any one calendar day, and each day's credit must involve a vessel movement.

(e) To renew a deputy marine pilot license, a deputy marine pilot shall meet the requirements of (b) of this section and shall submit proof that the deputy marine pilot has engaged in piloting vessels subject to AS 08.62 an average of five days for each calendar month in the licensing period immediately preceding the licensing period for which renewal is sought in the marine pilotage region for which the license is to be renewed. A deputy marine pilot licensed for less than 12 calendar months before the beginning of a renewal period is exempt from the piloting day requirement.

(f) Repealed 1/29/2009.

(g) Repealed 6/11/2010.

(h) A marine pilot who transfers to a different region during the concluding licensing period must meet the requirements of (c) of this section for each complete calendar year that the license has been held in the region during the concluding licensing period.

(i) The board will accept the following documentation from an applicant for license renewal towards fulfillment of the requirements set out in (c) of this section:

(1) Southeastern Alaska Region - not later than December 31, 2022, a pilot shall perform

(A) on vessels of 1,000 gross tons or tug and tows exceeding 1,000 combined gross tons that are not subject to AS 08.62, at least two round trips between Ketchikan and Skagway, not to include transits of Peril Straits or Wrangell Narrows due to limited vessel traffic; and

(B) on vessels of 1,000 gross tons or more, one round trip or two one-way trips

(i) through Snow Pass;

(ii) through Decision Pass;

(iii) through North Inian Pass;

(iv) into Sitka;

(v) in Gastineau Channel;

(vi) over Tracy Arm Bar or into Endicott Arm; and

(vii) into Glacier Bay;

(2) Southcentral Alaska Region - not later than December 31, 2022, a pilot shall provide proof of a combination of 30 days

(A) working as a master pilot on an enrolled vessel or as a pilot on a vessel subject to AS 08.62; and

(B) as an observer on an enrolled vessel or vessel subject to AS 08.62 that

(i) successfully performs five dockings and five undockings including at least one docking and undocking in each of the three areas: Cook Inlet, Kodiak Island Group, and Prince William Sound; or

(ii) for a pilot with a VLCC endorsement, successfully performs five dockings and undockings on tankers at the Valdez oil terminal, with at least two dockings and undockings being on VLCC vessels;

(3) Western Alaska Region - not later than December 31, 2022, a pilot shall provide proof of 60 days piloting a vessel subject to AS 08.62 or 60 familiarization trips on vessels subject to AS 08.62 in any port of Western Alaska Region.

History

Authority: AS 08.62.040; AS 08.62.100; AS 08.62.120
Eff. 6/11/71, Register 38; am 6/19/74, Register 50; am 6/12/78, Register 66; am 7/24/83, Register 87; am 8/29/87, Register 103; am 5/14/93, Register 126; am 11/7/93, Register 128; am 4/7/95, Register 134; am 3/21/99, Register 149; am 5/31/2000, Register 154; am 2/12/2005, Register 173; am 7/15/2006, Register 179; am 9/12/2006, Register 179; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 6/11/2010, Register 194; am 11/20/2022, Register 244; am 9/6/2024, Register 251

12 AAC 56.082 Familiarization trips

(a) To fulfill the familiarization trip requirements of 12 AAC 56.080(c)(2) in the Southeastern Alaska Region, a pilot shall perform

(1) on vessels of 1,000 gross tons or tug and tows exceeding 1,000 combined gross tons that are not subject to AS 08.62, at least four round trips between Ketchikan and Skagway, including two trips through Peril Straits and four trips through Wrangell Narrows; and

(2) on vessels of 1,000 gross tons or more, one round trip or two one-way trips

(A) through Snow Pass;

(B) through Decision Pass;

(D) in Sitka Eastern Channel;

(E) in Gastineau Channel;

(F) over Tracy Arm Bar or into Endicott Arm; and

(G) into Glacier Bay;

(H) repealed 1/29/2009.

(b) To fulfill the familiarization trip requirements of 12 AAC 56.080(c)(2) in the Southcentral Alaska Region, a pilot shall

(1) provide proof of a combination of 60 days

(A) working as a master or pilot on an enrolled vessel or as a pilot on a vessel subject to AS 08.62; and

(B) as an observer on enrolled vessel or vessel subject to AS 08.62;

(2) successfully perform five dockings and five undockings at Nikiski or Anchorage; one docking and undocking must be performed under ice conditions; and

(3) for a pilot with a VLCC endorsement, successfully perform five dockings and five undockings on VLCC vessels.

(1) provide proof of a combination of 60 days piloting a vessel subject to AS 08.62 and familiarization trips; the combination must include at least 20 dockings in five different ports; no more than one half of the familiarization trips or dockings may occur in any one port, and the remainder must occur in four additional ports; Dutch Harbor and Captain's Bay are considered as one port for the purposes of this paragraph; or

(2) provide proof of at least 60 familiarization trips on a vessel subject to AS 08.62, a tug and tow of 1,000 gross tons combined, or an enrolled vessel of 1,000 gross tons or more, except fishing vessels as defined in 12 AAC 56.990, as follows:

(A) 20 trips in Dutch Harbor;

(B) three trips through Iliuliuk Channel;

(D) 12 trips in any combination to Akutan, King Cove, Sand Point, or Chignik;

(E) one trip to Cold Bay;

(F) three trips to Naknek;

(G) two trips to Togiak;

(H) two trips to Port Moller; and

(I) twelve additional trips to any combination of ports in (D) - (H) of this paragraph.

(d) Repealed 12/1/2002.

(e) In this section, "trip" means a one-way trip or transit.

History

Authority: AS 08.62.040; AS 08.62.120
Eff. 5/14/93, Register 126; am 11/7/93, Register 128; am 12/1/2002, Register 164; am 4/28/2005, Register 174; am 1/29/2009, Register 189; am 10/28/2010, Register 196

12 AAC 56.083 Continuing education requirements

(a) Repealed 5/31/2000.

(b) A marine pilot with a VLCC endorsement applying for license renewal for a license period that begins on or after January 1, 2001, shall document that the marine pilot has satisfactorily completed a manned model course during one of the three biennial license periods immediately preceding the license period for which renewal is sought.

(d) Repealed 7/15/2006.

(e) A marine pilot or deputy marine pilot applying for license renewal for a license period that begins on or after January 1, 2008, shall document that the pilot has satisfactorily completed a board approved simulator or manned model course at a board approved facility within one of the three biennial license periods immediately preceding the license period for which renewal is sought.

(f) A marine pilot or deputy marine pilot applying for license renewal for a licensing period that begins on or after January 1, 2008, shall document that the pilot has satisfactorily completed continuing education as required in a board approved regional training program.

History

Authority: AS 08.62.040; AS 08.62.100; AS 08.62.120
Eff. 4/7/95, Register 134; am 5/29/96, Register 138; am 6/16/96, Register 138; am 1/23/99, Register 149; am 3/21/99, Register 149; am 5/31/2000, Register 154; am 7/15/2006, Register 179; am 5/26/2007, Register 182

12 AAC 56.085 Lapsed licenses

(a) To reinstate a deputy marine pilot or marine pilot license that has been lapsed for more than 60 days but less than one year, an applicant shall meet the requirements of 12 AAC 56.080 and pay the fees required in 12 AAC 02.105 and 12 AAC 02.240.

(b) Except as provided in (c) of this section, to reinstate a deputy marine pilot or marine pilot license that has been lapsed for one year or more, an applicant shall

(1) meet the requirements of 12 AAC 56.080;

(2) pay the fees required in 12 AAC 02.105 and 12 AAC 02.240; and

(3) take and pass the written and oral examinations required in 12 AAC 56.070 for the region where the applicant previously held a license.

(c) In accordance with AS 08.01.100(d), a deputy marine pilot license that has been lapsed for five years or more may not be reinstated. A person whose deputy marine pilot license has been lapsed for five years or more may reapply for a new deputy marine pilot license and shall meet the requirements of a new applicant.

History

Authority: AS 08.01.100; AS 08.62.120 AS 08.62.040; AS 08.62.130
Eff. 5/14/93, Register 126

Article 2 Compulsory Pilotage Waters

12 AAC 56.090 General rule for determining boundaries of the compulsory pilotage waters of Alaska

(a) Pilotage is compulsory in the inland and coastal waters of and adjacent to Alaska as described in this section and 12 AAC 56.100.

(b) Pilotage is compulsory at all entrances from seaward to Alaska bays, sounds, rivers, straits, inlets, harbors, ports, or other estuaries where the passage is within three nautical miles of the state's coastline for which specific boundaries are not otherwise described in 12 AAC 56.100. The extent of waters subject to compulsory pilotage in such Alaska bays, sounds, rivers, strait, inlets, harbors, ports, or other estuaries within three nautical miles of the state's coastline are those waters in-shore of a line drawn approximately parallel with the general trend of the shore through the outermost aid to navigation, or if no aid to navigation exists, then a line drawn from headland to headland across the mouth of the entrance.

History

Authority: AS 08.62.040; AS 08.62.160
Eff. 6/11/71, Register 38; am 3/30/86, Register 97; am 10/18/2001, Register 160; am 11/4/2009, Register 192

12 AAC 56.100 Established boundaries of compulsory pilotage waters of Alaska

Specific boundaries of the compulsory pilotage waters of Alaska are as follows:

(1) all waters inside a line drawn from Cape Spencer Light due south to a point of intersection which is due west of the southern extremity of Cape Cross; then to Cape Edgecumbe Light; then through Cape Bartolome Light and extended to a point of intersection which is due west of Cape Muzon Light; then due east to Cape Muzon Light; then to a point which is one mile, 180° true, from Cape Chacon Light; then to Barren Island Light; then to Lord Rock Light; then to the southern extremity of Garnet Point, Kanagunut Island; then to the southeastern extremity of Island Point, Sitklan Island; then from the northeastern extremity of Point Mansfield, Sitklan Island, 40° true, to the mainland;

(2) all waters of Prince William Sound and environs inside a line drawn from Cape Puget to Point Elrington; then to Cape Cleare; then Zaikof Point to Cape Hinchinbrook Light; then Point Bentinck to Okalee Spit;

(3) all waters of Resurrection Bay inside a line extending from the southern tip of Aialik Cape to the southern tip of Cape Resurrection;

(4) all waters of Cook Inlet inside a line extending from Cape Douglas to the western tip of Perl Island then northward to the shoreline of the Kenai Peninsula;

(5) all waters of Chiniak Bay inside a line extending from Cape Chiniak to the eastern tip of Long Island then to Spruce Cape;

(6) all waters of Marmot Bay and environs including eastern approaches, inside a line extending from Spruce Cape to the southern tip of Pillar Cape and western approaches, inside a line extending from Cape Nuniliak to the northern tip of Raspberry Island and also inside a line extending from Raspberry Cape to Miners Point;

(7) all waters of Chignik Bay inside a line extending from the eastern tip of Castle Cape to the western tip of Nakchamik Island then to the eastern tip of Cape Kumliun;

(8) all waters of Unalaska Bay inside a line extending from the tip of the west headland of Constantine Bay to Eider Point;

(9) all waters of Port Moller and Herendeen Bay inside a line extending from Lagoon Point to Cape Kutuzof;

(10) all waters of Bristol Bay inside a line extending from Cape Newenham to Cape Pierce, then to Cape Constantine, then to the southern extremity of Egegik Bay;

(11) all waters of Kuskokwim Bay inside a line extending from Cape Newenham to Cape Avinof;

(12) all waters of Norton Sound inside a line extending from the western tip of Stuart Island to Cape Darby, then to Cape Nome;

(13) all waters of Port Clarence inside a line extending from Pt. Spencer Lt. North to the Seward Peninsula shore;

(14) all waters of the Chukchi Sea and Kotzebue Sound inside a line extending from Cape Prince of Wales three miles due west (270° true) to a point approximately 65° 38' north latitude, 168° 15' west longitude; then due north (0° true) to a point approximately 66° 27' north latitude, 168° 15' west longitude; then 59° true to a point approximately 66° 45' north latitude, 167° 02' west longitude; then due east (90° true) to a point approximately 12 miles off the coast of Cape Espenberg at the intersection with a line drawn from Cape Espenberg to Cape Krusenstern, approximate position 66° 45' north latitude, 163° 40' west longitude; then to Cape Krusenstern; then to Point Hope;

(15) all waters surrounding the Pribilof Islands of St. Paul and St. George from the shoreline seaward to the outer limit of the three-mile territorial seas;

(16) all waters surrounding the Bering Sea Islands from shoreward to the outer limit of the three-mile territorial seas, including St. Lawrence Island, Nunivak Island, St. Matthew Island, and Little Diomede Island;

(17) all waters encompassing the Aleutian Islands from the shoreline to the outer limit of the three-mile territorial seas, including any and all islands around the Fox Islands, Rat Islands, Near Islands, Andreanof Islands, and the Islands of Four Mountains;

(18) all waters encompassing the south coast of the Alaska Peninsula from Cape Kanatak (Portage Bay) to Cape Pankof to the outer limit of the three-mile territorial seas, including any and all islands around the Shumagin Islands, Semedi Islands, Pavlof Islands, Sutwik Island, Sanak Island, and the Sandman Reefs;

(19) all waters of the north coast of the Alaska Peninsula from Cape Krenzin to the southern extremity of Egegik Bay to the outer limit of the three-mile territorial seas, including Amak Island and Seal Lion Rocks.

History

Authority: AS 08.62.040; AS 08.62.160
Eff. 6/11/71, Register 38; am 3/30/86, Register 97; em am 7/2/90 - 10/29/90, Register 115; am 8/17/91, Register 119; am 12/21/95, Register 136; am 1/23/99, Register 149; am 10/18/2001, Register 160

12 AAC 56.110 Exclusions for entering compulsory pilotage waters of Alaska

Vessels are excluded from the use of a state licensed marine pilot in compulsory pilotage waters when proceeding directly between points outside Alaska and an established pilot station for the express purpose of embarking or disembarking a pilot in the following situations:

(1) travel via Revillagigedo Channel to Twin Islands Pilot Station; in transiting Revillagigedo Channel, ships must stay west of longitude 131° 05';

(2) travel via Clarence Strait to the following:

(A) Guard Island Pilot Station;

(B) Point McCartey Pilot Station;

(3) repealed 10/18/2001;

(4) travel via Cape Muzon in Cordova Bay;

(A) to Shoe Island Pilot Station for vessels proceeding to Long Island;

(B) to Mellen Rock Pilot Station for vessels proceeding to Hydaburg;

(5) travel via Cape Bartolome in Bucareli Bay to Cabras Island Pilot Station;

(6) travel via Cape Ommaney in Chatham Strait to Frederick Sound Pilot Station;

(7) travel via Sitka Sound to Sitka Sound Pilot Station;

(8) travel via Prince William Sound to the Cordova Pilot Station;

(9) travel via Prince William Sound to the Valdez Pilot Station;

(10) travel via Prince William Sound to the Whittier Pilot Station;

(11) travel via Resurrection Bay to Seward Pilot Station;

(12) travel via Cook Inlet to the Homer Pilot Station;

(13) travel to the Kodiak City or Womens Bay Pilot Station without transiting Whale Passage;

(14) travel by the most direct safe route to a pilot station or pickup point arranged under 12 AAC 56.120(b);

(15) travel via Yakutat Bay to Yakutat Pilot Station.

History

Authority: AS 08.62.040
Eff. 6/11/71, Register 38; am 6/1/72, Register 42; am 6/30/78, Register 66; am 4/15/81, Register 78; am 3/30/86, Register 97; am 11/7/93, Register 128; am 11/10/93, Register 128; am 12/21/95, Register 136; am 1/23/99, Register 149; am 5/31/2000, Register 154; am 10/18/2001, Register 160

12 AAC 56.115 Pleasure craft exemptions

(a) An operator of a pleasure craft applying under AS 08.62.180(b) - (e) for a pilotage exemption must

(1) employ a vessel agent registered in this state under AS 08.62.040(a)(3) and 08.62.187; the vessel agent must be identified on the pilotage exemption application;

(2) ensure that the pleasure craft is equipped with

(A) an automatic identification system (AIS);

(B) radar, if the vessel is over 125 feet long, the radar must have the means to automatically track the range and bearings of other targets to determine collision risk;

(D) a magnetic compass with a deviation table created not later than one year before the date of the application for an exemption, or a transmitting heading device; and

(E) not less than two VHF transceivers in order to simultaneously monitor channels 13 and 16;

(3) ensure that the pleasure craft has aboard

(A) a current copy of a nautical chart for each area in the state to be transited, in the proper scale for the transit, or an electronic equivalent;

(B) a current Coast Pilot for each area in the state to be transited, or an electronic equivalent;

(D) a current tidal current table for each area in the state to be transited, or an electronic equivalent;

(E) if the vessel will be transiting in Southeast Alaska, a current copy of the Southeast Alaska Voluntary Waterway Guide;

(F) if the vessel will be transiting Tongass Narrows, a current copy of the Tongass Narrows Users Guide;

(G) if the vessel will be transiting Prince William Sound, a current copy of the vessel transit system (VTS) regulations for Prince William Sound and Valdez;

(H) if the vessel is required under AS 46.04 to provide proof of financial responsibility, a copy of the vessel's current certificate of financial responsibility or copy of the current application with the Department of Environmental Conservation for the vessel's certificate of financial responsibility; a copy of the current certificate or application must also be submitted with the application under this section;

(4) report the vessel's length overall (LOA) to the marine pilot coordinator; the length overall shall be used to determine exemption status and to calculate the fee set out in AS 08.62.140(b); and

(5) submit a copy of the vessel's registry to the marine pilot coordinator;

(b) If a pleasure craft of foreign registry of more than 65 feet overall length enters compulsory pilotage waters without a pilot or a pilotage exemption under AS 08.62.180(b) - (e), the operator of the pleasure craft will not be granted a subsequent pilotage exemption until the operator provides the marine pilot coordinator satisfactory documentation detailing the pleasure craft's entry into compulsory pilotage waters and all subsequent voyages in violation of AS 08.62 and this chapter.

(c) On vessels over 100 feet in length, the captain or master aboard a pleasure craft seeking a pilotage exemption must hold a current mariner's license for the vessel's tonnage. A copy of the mariner's license must be submitted with the application submitted under this section. On a pleasure craft greater than 200 gross tons, the master must hold a valid unlimited radar observer endorsement. Masters who do not hold a valid unlimited radar endorsement must submit proof of radar observer training completed within the five years immediately preceding the date of application.

(d) While underway in compulsory pilotage waters, the master of a pleasure craft with a current pilotage exemption from the board must ensure that

(1) the vessel transmits via an automatic identification system (AIS) the vessel's name, length, beam, draft, course, speed, and destination;

(2) an individual who speaks and understands English is present on the bridge;

(3) the vessel crew simultaneously monitors VHF radio channels 13 and 16; and

(4) while the vessel is transiting the Prince William Sound VTS lanes, the vessel master is present on the bridge.

History

Authority: AS 08.62.040; AS 08.62.180
Eff. 2/12/2005, Register 173; am 7/15/2006, Register 179; am 10/28/2010, Register 196; am 7/4/2012, Register 203; am 1/4/2014, Register 209; am 5/18/2014, Register 210; am 2/22/2017, Register 221; am 3/17/2022, Register 241

12 AAC 56.120 Pilot stations or pickup points

(a) The established pilot stations for the state are as follows:

(1) Guard Island - 1.0 miles 315° true from Guard Island Light; approximate position 55° 27.5' north latitude, 131° 53.9' west longitude;

(2) Point McCartey - 1.0 miles 090° true from Point McCartey Light; approximate position 55° 06.8' north latitude, 131° 40.5' west longitude;

(3) Cabras Island - 1.0 miles 315° true from Cabras Island; approximate position 55° 22.0' north latitude, 133° 24.8' west longitude;

(4) Sitka Sound - 0.25 miles 000° true from the Eckholms Light; approximate position 57° 00.9' north latitude, 135° 21.4' west longitude;

(5) Twin Island - 2.0 miles 045° true from Twin Islands Light; approximate position 55° 10.0' north latitude, 131° 10.4' west longitude; this is a seasonal station open only during the period May 1 through September 30;

(6) Petersburg Bar Range - not west of 132° 58.0' west longitude; this is a seasonal station open only during the period from June 1 through August 31 for the embarkation and disembarkation of pilots for vessels with valid exemptions under AS 08.62.180(b) - (e), and for the purpose of transiting Wrangell Narrows between Petersburg and Point Alexander, as follows:

(A) transit may occur only during

(i) the period 30 minutes before and after slack water at the Port of Petersburg;

(ii) daylight or civil twilight hours; and

(iii) periods of visibility that allow the Petersburg Bar Range to be viewed visually from Buoy WN;

(B) during transit, a minimum of five-foot underkeel clearance must be maintained between Buoy WN and Buoy 60;

(7) Point Alexander - not north of Point Alexander Light at 56° 30.33' north latitude; this is a seasonal station open only during the period from June 1 through August 31 for the embarkation and disembarkation of pilots for vessels with valid exemptions under AS 08.62.180(b) - (e) and for the purpose of transiting Wrangell Narrows between Petersburg and Point Alexander;

(8) Yakutat - 1.0 miles 315° true from Yakutat Bay Lighted Whistle Buoy 4; approximate position 59° 36.3' north latitude, 139° 52.5' west longitude;

(9) Icy Bay - 9.0 miles 180° true from Claybluff Point Light; approximate position 59° 49.0' north latitude, 141° 35.0' west longitude;

(10) Cordova - 2.0 miles 180° true from Sheep Point; approximate position 60° 35' north latitude, 146° 00' west longitude;

(11) Valdez and Whittier - approximately 3.6 miles 246° true from Bligh Reef Buoy; approximate position 60° 49' north latitude, 147° 01' west longitude;

(12) Seward - 1.1 miles 152° true from Caines Head Light; approximate position 59° 58' north latitude, 149° 22' west longitude;

(13) Cook Inlet - 1.0 miles 180° true from Lands End Light; approximate position 59° 35' north latitude, 151° 25' west longitude;

(14) Kodiak (City) or Womens Bay - 2.0 miles 100° true from St. Paul Harbor Entrance Light; approximate position 57° 44' north latitude, 152° 22' west longitude;

(15) Discoverer Bay - 2.0 miles 000° true from Posliedni Point; approximate position 58° 28' north latitude, 152° 20' west longitude;

(16) Port Wakefield - 1.0 miles 298° true from Kekur Point; approximate position 57° 52' north latitude, 152° 49' west longitude;

(17) Port Bailey - 1.5 miles 000° true from Dry Spruce Bay Light; approximate position 57° 59' north latitude, 153° 06' west longitude;

(18) Uganik - 2.0 miles 284° true from East Point; approximate position 57° 51' north latitude, 153° 32' west longitude;

(19) Larsen Bay - 1.0 miles 090° true from Harvester Island; approximate position 57° 39' north latitude, 153° 57' west longitude;

(20) Alitak - 2.4 miles 131° true from Cape Alitak Light; approximate position 56° 49' north latitude, 154° 15' west longitude;

(21) Old Harbor - 1.0 miles 082° true from Cape Liakik; approximate position 57° 07' north latitude, 153° 25' west longitude;

(22) Chignik - 1.5 miles 020° true from Chignik Spit Light; approximate position 56° 20' north latitude, 158° 22' west longitude;

(23) Sand Point - Squaw Harbor - 2.7 miles 235° true from Popof Head; approximate position 55° 13' north latitude, 160° 24' west longitude;

(24) King Cove - 1.5 miles 157° true from Morgan Point Light; approximate position 55° 01' north latitude, 162° 19' west longitude;

(25) Cold Bay - 4.3 miles 177° true from Kaslokan Point Light; approximate position 55° 02' north latitude, 162° 31' west longitude;

(26) False Pass - 1.5 miles 315° true from Ikatan Point; approximate position 54° 48' north latitude, 163° 13' west longitude;

(27) Akutan - 1.0 miles 073° true from Akutan Point Light; approximate position 54° 09' north latitude, 165° 42' west longitude;

(28) Dutch Harbor-Captains Bay - 1.0 miles 060° true from Ulakta Head Light; approximate position 53° 56' north latitude, 166° 29' west longitude;

(29) Adak - 2.0 miles 092° true from Gannet Rocks Light; approximate position 51° 52' north latitude, 176° 33' west longitude;

(30) Attu - 1.5 miles 180° true from Murder Point; approximate position 52° 46' north latitude, 173° 11' east longitude;

(31) St. Paul Island - 4.0 miles 263° true from Reef Point; approximate position 57° 06' north latitude, 170° 25' west longitude; or - 4.0 miles 043° true from North Point; approximate position 57° 16' north latitude, 170° 13' west longitude;

(32) Port Moller - 4.8 miles 048° true from Walrus Island; approximate position 56° 05' north latitude, 160° 43' west longitude;

(33) Port Heiden - 5.0 miles 340° true from [Strongonof] Point; approximate position 56° 58' north latitude, 158° 55' west longitude;

(34) Ugashik Bay - 6.2 miles 291° true from Smoky Point Light; approximate position 57° 38' north latitude, 157° 52' west longitude;

(35) Egegik - 7.0 miles 285° true from Red Bluff Light; approximate position 58° 16' north latitude, 157° 42' west longitude;

(36) Naknek - 9.0 miles 248° true from Naknek Light; approximate position 58° 39' north latitude, 157° 21' west longitude;

(37) Nushagak Bay - 7.5 miles 240° true from the south tip of Etolin Point; approximate position 58° 33' north latitude, 158° 24' west longitude;

(38) Kulukak Bay - 3.0 miles 180° true from Kulukak Point; approximate position 58° 47' north latitude, 159° 39' west longitude;

(39) Togiak - 4.1 miles 140° true from Summit Island; approximate position 58° 46' north latitude, 160° 06' west longitude;

(40) Kuskokwim Bay Region

(A) Kuskokwim Bay - 17.4 miles 320° true from Cape Newenham, approximate position 58° 52' north latitude, 162° 32' west longitude;

(B) Goodnews Bay - 7.5 miles 228° true from Platinum; approximate position 58° 55' north latitude, 162° 00' west longitude;

(41) Kivalina/Cape Krusenstern - 14.0 miles 239° true from the barge loading terminal; approximate position 67° 27' north latitude, 164° 35' west longitude;

(42) Cape Spencer - 3.2 miles 090° true from Cape Spencer Light; approximate position 58° 12' north latitude, 136° 32' west longitude; this is a seasonal station open only during the period from May 1 through September 30;

(43) St. George Island - either 3.0 miles 000° true from St. George village; approximate position 56° 39' north latitude, 169° 33' west longitude; or - 3.0 miles 210° true from Rush Point; approximate position 56° 33' north latitude, 169° 47' west longitude;

(44) Frederick Sound - 3.0 miles 310° true from Cornwallis Point Light; approximate position 56° 58' north latitude, 134° 21' west longitude;

(45) Chasina Point - 1.25 miles 013° true from Chasina Point; approximate position 55° 18' north latitude, 132° 01' west longitude;

(46) Shoe Island - 2.0 miles 090° true from Shoe Island Light; approximate position 54° 57' north latitude, 132° 41' west longitude;

(47) Mellen Rock - 0.6 miles 050° true from Mellen Rock Light; approximate position 55° 02' north latitude, 132° 39' west longitude;

(48) Atka/Nazan Bay - 1.1 miles 134° true from Flat Point; approximate position 55° 13' north latitude, 174° 06' west longitude;

(49) Tanaga Bay - 2.2 miles 202° true from Cape Agamsik; approximate position 51° 45' north latitude, 178° 04' west longitude;

(50) Kiska Harbor - 1.0 mile 270° true from Little Kiska Head; approximate position 51° 58.5' north latitude, 177° 36.5' east longitude;

(51) Barrow - 3.0 miles 320° true from the town of Barrow, approximate position 71° 20' north latitude, 156° 53' west longitude;

(52) Kotzebue Sound - 11.0 miles 015° true from Cape Espenberg Light; approximate position 66° 44' north latitude, 163° 29' west longitude;

(53) Port Clarence - 2.1 miles 000° true trom Point Spencer Light; approximate position 65° 19' north latitude, 166° 51' west longitude;

(54) Nome - 2.6 miles 199° true from the Nome north jetty breakwall; approximate position 64° 27' north latitude, 165° 28' west longitude;

(55) Bieli Rocks - 1.0 mile 315° true from Bieli Rocks; approximate position 57° 6' north latitude, 135° 31' west longitude.

(b) Inside compulsory pilotage waters, embarking or disembarking pilots at any location inside of an established pilot station may be undertaken only by agreement between a

(1) pilot and a ship's master in an emergency or for reasons of safety when required by extreme weather or other unforeseeable circumstances; or

(2) pilot organization and a ship's agent on a trial basis to accommodate a newly established port, trade, or route.

(c) If safe and reliable transportation cannot be provided to or from the pilot station, the nearest pilot station with safe and reliable transportation shall be used. If reasonable effort has been made to offer safe and reliable transportation and the vessel, equipment, or personnel do not meet the minimum standards set out in (d) of this section, the pilot may use the transportation provided.

(d) In order to provide safe and reliable transportation for pilots, a vessel must have the following items onboard:

(1) licensed operator;

(2) waterproof VHF radio in addition to the pilot's VHF radio;

(3) distress signals, including three parachute flares, three hand held flares, and one dye marker in a waterproof case;

(4) first aid kit;

(5) spare fuel supply, if the vessel is propelled by an outboard motor;

(6) radar reflector;

(7) tool kit;

(8) engine kill switch;

(9) survival suits; one for each person onboard the vessel;

(10) flashlight;

(11) anchor and 30 fathoms of line;

(12) sound producing device;

(13) pilot retrieval system;

(14) high-intensity strobe when a pilot transfer occurs at night.

(e) Before a trial pilot station established under (b)(2) of this section may be used, it must be preliminarily approved by the marine pilot coordinator. A trial pilot station that has been preliminarily approved by the marine pilot coordinator will remain valid unless the board disapproves the trial pilot station for further use. The board will approve the trial station for notice as an established pilot station if it determines that the trial station accommodates a newly established port, trade, or route and is in the public interest. The board will disapprove the trial station for further use if the board determines that the trial station is not necessary or not in the public interest.

History

Authority: AS 08.62.040
Eff. 3/30/86, Register 97; am 8/29/87, Register 103; am 4/12/89, Register 110; am 6/17/90, Register 114; em am 7/2/90 - 10/29/90, Register 115; am 8/17/91, Register 119; am 11/7/93, Register 128; am 11/10/93, Register 128; am 5/29/96, Register 138; am 6/17/96, Register 138; am 1/23/99, Register 149; am 3/21/99, Register 149; am 5/31/2000, Register 154; am 6/24/2012, Register 202; am 8/18/2015, Register 215; am 9/29/2017, Register 223; am 3/17/2022, Register 241

Article 3 Tariffs

12 AAC 56.130 Board of Marine Pilots

12 AAC 56.130 - 12 AAC 56.158. Repealed 5/13/92.

12 AAC 56.200 Board of Marine Pilots

12 AAC 56.200. Maximum tariff. Repealed.

History

Eff. 5/13/92, Register 122; repealed 6/16/96, Register 138

12 AAC 56.205 Board of Marine Pilots

12 AAC 56.205. Availability of pilots. (a) In the Southcentral Alaska Region, an agent, owner, or master of a vessel shall inform the appropriate pilot organization of a vessel movement at least 36 hours before the movement in order to provide sufficient time for a pilot to arrive at the vessel by the available means of transportation. An agent, owner, or master of a vessel shall again inform the appropriate pilot organization of a vessel movement at least 24 hours before the movement. A pilot will be considered unavailable for service only if the timely notice under this subsection is given and a pilot does not show up at the vessel to render service. If notice is not given as required under this subsection and a pilot is not able to reach the vessel to render pilot services, the vessel or the vessel's owner may be charged for the transportation costs incurred by the pilot in attempting to reach the vessel and the pilotage charge and all other charges that would have been incurred had the pilot reached the vessel and provided pilotage services. (b) Except as provided in (d) of this section, (1) in Akutan of the Westem Alaska Region, an agent, owner, or master of a vessel shall inform the appropriate pilot organization of a vessel movement at least 48 hours before the movement in order to provide sufficient time for a pilot to arrive at the vessel by the available means of transportation; a pilot will be considered unavailable for service only if the 48-hour notice required under this paragraph is given and a pilot does not show up at the vessel to render service; if the agent, owner, or master of a vessel requests a pilot, and the pilot attempts to reach the vessel but cannot do so within 48 hours due to factors beyond the pilot's control, and the vessel then leaves without the pilot, the vessel or the vessel's owner may be charged for the actual expenses incurred by the pilot in attempting to reach the vessel; if the 48-hour notice is not given as required under this paragraph and a pilot is not able to reach the vessel to render pilot services, the vessel or the vessel's owner may be charged for the transportation costs incurred by the pilot in attempting to reach the vessel and the pilotage charge and all other charges that would have been incurred had the pilot reached the vessel and provided pilotage services; (2) in the Pribilof Islands, Port Clarence, and the Kuskokwim Bay Region of the Western Alaska Region, including Bethel, an agent, owner, or master of a vessel shall inform the appropriate pilot organization of a vessel movement at least 96 hours before the movement in order to provide sufficient time for a pilot to arrive at the vessel by the available means of transportation; a pilot will be considered unavailable for service only if the 96-hour notice required under this paragraph is given and a pilot does not show up at the vessel to render service; if the agent, owner, or master of a vessel requests a pilot, and the pilot attempts to reach the vessel but cannot do so within 96 hours due to factors beyond the pilot's control, and the vessel then leaves without the pilot, the vessel or the vessel's owner may be charged for the actual expenses incurred by the pilot in attempting to reach the vessel; if the 96-hour notice is not given as required under this paragraph and a pilot is not able to reach the vessel to render pilot services, the vessel or the vessel's owner may be charged for the transportation costs incurred by the pilot in attempting to reach the vessel and the pilotage charge and all other charges that would have been incurred had the pilot reached the vessel and provided pilotage services; and (3) in all other locations of the Western Alaska Region, an agent, owner, or master of a vessel shall inform the appropriate pilot organization of a vessel movement at least 72 hours before the movement in order to provide sufficient time for a pilot to arrive at the vessel by the available means of transportation; a pilot will be considered unavailable for service only if the 72-hour notice required under this paragraph is given and a pilot does not show up at the vessel to render service; if the agent, owner, or master of a vessel requests a pilot, and the pilot attempts to reach the vessel but cannot do so within 72 hours due to factors beyond the pilot's control, and the vessel then leaves without the pilot, the vessel or the vessel's owner may be charged for the actual expenses incurred by the pilot in attempting to reach the vessel; if the 72-hour notice is not given as required under this paragraph and a pilot is not able to reach the vessel to render pilot services, the vessel or the vessel's owner may be charged for the transportation costs incurred by the pilot in attempting to reach the vessel and the pilotage charge and all other charges that would have been incurred had the pilot reached the vessel and provided pilotage services. (c) In the Southeastern Alaska region, an agent, owner, or master of a vessel shall inform the appropriate pilot organization of a vessel movement at least 48 hours before the movement in order to provide sufficient time for a pilot to arrive at the vessel by the available means of transportation. An agent, owner, or master of a vessel shall again inform the appropriate pilot organization of a vessel movement at least 24 hours before the movement. A pilot will be considered unavailable for service only if the timely notice required by this subsection is given and a pilot does not show up at the vessel to render service. If notice is not given as required under this subsection and the pilot is unable to reach the vessel to render pilot services, the vessel or vessel's owner may be charged for the transportation costs incurred by the pilot in attempting to reach the vessel and for the pilotage charge and all other charges that would have been incurred had the pilot reached the vessel and provided pilotage services. (d) In the Aleutian Island ports that are west of Atka Island in the Western Alaska Region, an agent, owner, or master of a vessel shall inform the appropriate pilot organization of a vessel movement at least 96 hours before the movement in order to provide sufficient time for a pilot to arrive at the vessel by the available means of transportation. A pilot will be considered unavailable for service only if the 96-hour notice required by this subsection is given and a pilot does not show up at the vessel to render service. If the agent, owner, or master of a vessel requests a pilot, and the pilot attempts to reach the vessel but cannot do so within 96 hours due to factors beyond the pilot's control, and the vessel then leaves without the pilot, the vessel or the vessel's owner may be charged for the actual expenses incurred by the pilot in attempting to reach the vessel. If the 96-hour notice is not given as required by this subsection and a pilot is not able to reach the vessel to render pilot services, the vessel or the vessel's owner may be charged for the transportation costs incurred by the pilot in attempting to reach the vessel and the pilotage charge and all other charges that would have been incurred had the pilot reached the vessel and provided pilotage services.

History

Authority: AS 08.62.040; AS 08.62.190
Eff. 11/7/93, Register 128; am 4/7/95, Register 134; am 8/9/97, Register 143; am 5/31/2000, Register 154; am 2/12/2005, Register 173; am 10/9/2016, Register 220

12 AAC 56.210 Board of Marine Pilots

12 AAC 56.210. Tariff for Southeastern Alaska Region. Repealed.

History

Eff. 5/13/92, Register 122; am 11/7/93, Register 128; repealed 7/15/2006, Register 179

12 AAC 56.220 Board of Marine Pilots

12 AAC 56.220. Tariff for Southcentral Alaska Region. Repealed.

History

Eff. 8/15/92, Register 123; am 11/7/93, Register 128; repealed 7/15/2006, Register 179

12 AAC 56.230 Board of Marine Pilots

12 AAC 56.230. Tariff for Western Alaska Region. Repealed.

History

Eff. 8/15/92, Register 123; am 11/7/93, Register 128; repealed 7/15/2006, Register 179

12 AAC 56.240 Board of Marine Pilots

12 AAC 56.240. Tariff for Kuskokwim River Region. Repealed.

History

Eff. 11/10/93, Register 128; repealed 7/15/2006, Register 179

12 AAC 56.250 Board of Marine Pilots

12 AAC 56.250. Procedures for setting pilotage rates. Notice to the board and registered agents required by AS 08.62.046 for setting pilotage rates must (1) identify the dates the notice will be published in the newspaper; and (2) be sent at or before the first day of publication in the newspaper.

History

Authority: AS 08.62.040; AS 08.62.046
Eff. 5/31/2000, Register 154

Eff. 5/13/92, Register 122; repealed 6/16/96, Register 138

Article 6 Very Large Crude Carriers (VLCC)

12 AAC 56.500 Board of Marine Pilots

12 AAC 56.500. VLCC endorsement required. (a) Due to the great mass, windage, and ship-handling peculiarities of very large crude carrier (VLCC) class vessels, only pilots holding a VLCC endorsement may pilot those vessels in waters covered by this chapter. (b) A pilot wishing to get a VLCC endorsement must (1) apply on a form provided by the department; (2) pay the fee required in 12 AAC 02.240; and (3) provide documentation of compliance with 12 AAC 56.510.

History

Authority: AS 08.62.040; AS 08.62.100
Eff. 7/26/90, Register 115

12 AAC 56.510 Board of Marine Pilots

12 AAC 56.510. Qualifications for VLCC license endorsement. (a) An applicant for a VLCC endorsement must hold a valid marine pilot license and demonstrate special training or experience by documenting the following (1) round trips: (A) 20 round trips on a VLCC class vessel as a pilot observer over a pilotage route; or (B) 10 round trips on a VLCC class vessel as a pilot observer over a pilotage route and completion of a VLCC ship handling course at a facility approved by the board; and (2) experience: (A) at least 15 dockings and 15 undockings as a pilot on VLCC class vessels; or (B) 365 days of experience as master of a VLCC class vessel and completion of a VLCC ship handling course at a facility approved by the board. (b) Under (a)(1) of this section, a round trip on a VLCC class vessel as a pilot observer must include two trip segments that either begin with an undocking or terminate with a docking. Dockings and undockings under (a)(1) of this section may be observed or actually performed by the applicant.

History

Authority: AS 08.62.040; AS 08.62.100
Eff. 7/26/90, Register 115; am 11/7/93, Register 128

Authority: AS 08.62.040; AS 08.62.160
Eff. 6/11/71, Register 38; am 6/19/74, Register 50; am 5/12/78, Register 66; am 7/24/83, Register 87; am 12/26/86, Register 100; am 8/29/87, Register 103; am 7/26/90, Register 115; am 5/13/92, Register 122; am 4/7/93, Register 126; am 10/2/93, Register 127; am 7/15/95, Register 135; am 6/16/96, Register 138; am 6/17/96, Register 138; am 1/23/99, Register 149; am 3/21/99, Register 149; am 5/31/2000, Register 154; am 3/15/2002, Register 161; am 10/24/2002, Register 164; am 5/26/2007, Register 182; am 1/29/2009, Register 189; am 11/4/2009, Register 192; am 10/28/2010, Register 196; am 10/9/2016, Register 220; am 2/22/2017, Register 221

Chapter 60 Board of Psychologist and Psychological Associate Examiners

Article 1 Applications

12 AAC 60.010 Application for licensure by examination

(a) An application for initial licensure by examination as a psychologist must be submitted on a form provided by the department with

(1) the applicable fees specified in 12 AAC 02.330;

(2) official transcripts from all undergraduate and graduate schools attended by the applicant;

(3) repealed 5/18/85;

(4) a complete vita from the date of high school graduation to the time of application, including dates and places of residency; and

(5) repealed 5/18/85;

(6) five letters of recommendation; three from licensed psychologists, members of the American Psychological Association, or diplomates of the American Board of Professional Psychology; and two from other persons not related to the applicant;

(7) repealed 12/8/2005.

(b) An application for initial licensure by examination as a psychological associate must be submitted on a form provided by the department with

(1) the applicable fees specified in 12 AAC 02.330;

(2) official transcripts from all undergraduate and graduate schools attended by the applicant;

(3) a complete vita from the date of high school graduation to the time of application, including dates and places of residency;

(4) proof of a practicum from an accredited school with an approved program in the area in which licensure is requested; and

(5) repealed 3/27/98;

(6) the recommendations required by AS 08.86.162(3).

(1) completion of the supervised experience required under AS 08.86.160(a)(3), as defined in 12 AAC 60.070(c); and

(2) passing the required examination in 12 AAC 60.110(g).

(d) Before the board will issue a psychology license by examination, the applicant shall submit proof of

(1) completion of the supervised experience required in AS 08.86.130(a)(3), as described in 12 AAC 60.070(b); and

(2) passing the required examination in 12 AAC 60.110(g).

History

Authority: AS 08.86.070; AS 08.86.130; AS 08.86.162 AS 08.86.080; AS 08.86.160
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 5/18/85, Register 94; am 3/17/91, Register 117; am 3/27/98, Register 145; am 12/8/2005, Register 176; am 8/15/2008, Register 187; am 9/18/2022, Register 243

12 AAC 60.020 Temporary license to practice psychology under supervision

(a) An applicant for a temporary license to practice as a psychologist under supervision shall submit

(1) the application and supporting evidence required in 12 AAC 60.010(a)(1) - (a)(6);

(2) the application fee and temporary license fee established in 12 AAC 02.330; and

(3) the applicant's plan for obtaining the supervised experience required in AS 08.86.130(a)(3).

(b) An applicant for a temporary license to practice as a psychological associate under supervision shall submit

(1) the application and supporting evidence required in 12 AAC 60.010(b);

(2) the application fee and temporary license fee established in 12 AAC 02.330;

(3) the applicant's plan for obtaining the supervised experience required in AS 08.86.160(a)(3); and

(4) evidence of passing the examination required in AS 08.86.160(a)(4).

(c) A temporary license to practice as a psychological associate under supervision is valid for two years from the date of issue. The board will extend the temporary license if the applicant meets the requirements of (b) of this section and demonstrates to the satisfaction of the board that an extension is necessary to complete the supervised experience required in AS 08.86.160(a)(3).

(d) A holder of a temporary license under this section may practice only under supervision as defined in 12 AAC 60.070 and 12 AAC 60.080.

(e) An applicant may not begin post-doctoral degree or post-master degree supervised experience in the state until the board approves the applicant's plan for obtaining supervised experience and issues a temporary license under this section.

(f) An individual practicing under a temporary license will be identified on the license as a holder of a temporary license to practice under approved supervision.

(g) The board will not issue a temporary license to an applicant for a license by credentials.

(h) A temporary license is no longer valid on the date that supervised experience is terminated by the applicant or the supervisor.

(i) A temporary license will not be issued to an applicant receiving supervised experience in another jurisdiction.

(j) A temporary license to practice as a psychologist under supervision is valid for two years from the date of issuance. The board will only extend the temporary license if the applicant meets the requirements of (a) of this section and demonstrates to the satisfaction of the board that an extension is necessary to complete the supervised experience required under AS 08.86.130(a)(3).

History

Authority: AS 08.86.070; AS 08.86.135; AS 08.86.166 AS 08.86.080; AS 08.86.160
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 3/27/98, Register 145; am 8/20/2004, Register 171; am 12/8/2005, Register 176; am 8/15/2008, Register 187

12 AAC 60.025 Supervisory relationship for psychological associates

Repealed.

History

Eff. 1/14/82, Register 81; am 5/18/85, Register 94; repealed 3/27/98, Register 145

12 AAC 60.030 Application for licensure by credentials

(a) An applicant for licensure by credentials as a psychologist will be licensed without examination if the applicant

(1) if applying under AS 08.86.150(1),

(A) complies with the application requirements of 12 AAC 60.010(a)(1), (2), (4), and (6); and

(B) submits verification of

(i) a current license or certificate from another licensing jurisdiction issued based upon examination and qualification requirements essentially similar to or higher than those in this state at the time of application for the license from this state;

(ii) the applicant's score on the Examination for Professional Practice in Psychology (EPPP) created by the Association of State and Provincial Psychology Boards (ASPPB), unless the applicant was initially licensed in a licensing jurisdiction before that licensing jurisdiction required an applicant to sit and pass the EPPP examination; and

(iii) the present status of the applicant's license or certificate from all jurisdictions where the applicant holds or has ever held a license or certificate to practice psychology; and

(2) if applying under AS 08.86.150(2),

(A) complies with the application requirements of 12 AAC 60.010(a)(1), (4), and (6); and

(B) submits verification that the applicant is a diplomate in good standing of the American Board of Professional Psychology.

(b) The verifications required by (a)(1)(B) and (a)(2)(B) of this section must be sent directly to the department from the licensing jurisdiction that issued the applicant's license or certificate, the American Board of Professional Psychology, or the Association of State and Provincial Psychology Boards.

(c) An applicant is responsible for assuring that the department receives all application documents. An application will not be reviewed until all documents required by this section have been received.

History

Authority: AS 08.86.070; AS 08.86.080; AS 08.86.150
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 6/29/87, Register 102; am 3/27/98, Register 145; am 5/31/2003, Register 166; am 8/23/2009, Register 191

12 AAC 60.032 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a psychologist or psychological associate who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit an application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is currently licensed as a psychologist or psychological associate in another licensing jurisdiction and the applicant's license in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements; and

(5) may not have been convicted of a crime that affects the applicant's ability to practice as a psychologist or psychological associate competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.86.204.

History

Authority: AS 08.01.062; AS 08.86.070 AS 08.01.063; AS 08.86.080
Eff. 9/18/2022, Register 243

12 AAC 60.035 Courtesy license

(a) A courtesy license authorizes the licensee to practice psychology for no more than 30 days in a 12-month period. An applicant will only be issued one courtesy license in that person's lifetime. A courtesy licensee shall submit a report to the board each month during the period of courtesy licensure indicating the number of days practiced under the courtesy license during the month. A courtesy license does not authorize the licensee to conduct a general psychology practice or to perform services outside the scope of practice of psychology that is specified on the courtesy license.

(b) The board or its designee will issue a one-time courtesy license to an applicant who meets the requirements of this section.

(1) submit a completed courtesy license application on a form provided by the department, postmarked no later than 30 days before the date that the applicant is to practice psychology in the state; a completed courtesy license application must include all of the fees and supporting documentation required in this subsection;

(2) pay the application and licensing fees for a courtesy license established in 12 AAC 02.330;

(3) not be a resident of this state;

(4) provide verification of a current license in good standing to practice psychology independently in another jurisdiction where the licensing requirements are at least equivalent to those in this state for the scope of practice specified in the application; to meet the requirements of this paragraph, the verification must be sent directly to the department from the licensing jurisdiction and the license must cover the scope of the practice requested for the courtesy license in this state;

(5) provide verification of having passed the EPPP examination, with a score that meets the requirements in 12 AAC 60.140, unless the applicant was initially licensed in a licensing jurisdiction before that licensing jurisdiction required an applicant to sit and pass the EPPP examination; the verification must be sent directly to the department from the

(A) jurisdiction where the applicant passed the EPPP examination; or

(B) Association of State and Provincial Psychology Boards (ASPPB);

(6) identify the dates for which the courtesy license is requested;

(7) identify the scope of practice intended for the courtesy license;

(8) attest that the applicant has not

(A) previously been issued a courtesy license under this section;

(B) had a psychologist license suspended or revoked in any jurisdiction; and

(d) The holder of a courtesy license must meet the ethics and standards identified in 12 AAC 60.185 and is subject to the discipline under AS 08.01.075 and AS 08.86.204.

(e) The board or its designee may waive the 30-day application deadline in (c) of this section if the board or its designee finds that the applicant has shown reasonable cause or excusable neglect.

History

Authority: AS 08.01.062; AS 08.86.070; AS 08.86.080
Eff. 2/27/2005, Register 173; am 8/23/2009, Register 191; am 10/18/2023, Register 248

12 AAC 60.036 Emergency courtesy license

(a) In an urgent situation, the board may issue an emergency courtesy license to practice psychology to an applicant who has a license in good standing to practice psychology independently in another jurisdiction with licensing requirements at least equivalent to those of this state, and who meets the requirements of this section.

(b) The board may limit the scope of a license issued under this section, as appropriate to respond to the urgent situation.

(c) An applicant for an emergency courtesy license under this section must submit to the department a completed application on a form provided by the department. A complete application includes the applicable application and licensing fees established in 12 AAC 02.330.

(d) An emergency courtesy license issued under this section is valid for the period specified by the board and may not exceed 120 consecutive days. An emergency courtesy license may be renewed for one additional period specified by the board, not to exceed 120 consecutive days.

(e) The holder of an emergency courtesy license shall comply with reporting requirements by completing a form provided by the board.

(f) While practicing under an emergency courtesy license issued under this section, the holder of the license must comply with the standards of practice set out in AS 08.86 and this chapter and is subject to discipline for actions taken or omitted while practicing under the emergency courtesy license.

(g) The board may refuse to issue an emergency courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.01.075 and AS 08.86.204.

(h) In this section, "urgent situation" means a health crisis that requires increased availability of psychologists.

History

Authority: AS 08.01.062; AS 08.86.070; AS 08.86.080
Eff. 11/20/2020, Register 236

12 AAC 60.040 Examination applications reviewed by the board

(a) An examination application received by the department will be reviewed by the board before the applicant will be approved to sit for the examination. An application will not be reviewed until all documents required by 12 AAC 60.010 have been received by the department. It is the responsibility of the applicant to assure that all documents are received by the department.

(b) Repealed 8/20/2004.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68; am 6/29/87, Register 102; am 3/27/98, Register 145; am 11/21/2001, Register 160; am 8/20/2004, Register 171

12 AAC 60.050 Application made under oath; penalty

An application must be signed and the truth of its contents sworn to by the applicant. False or misleading statements or information, whether made knowingly or not, are grounds for denial of approval to take the examination or revocation of a license granted on the basis of the false or misleading statement.

History

Authority: AS 08.86.080
Eff. 12/24/78, Register 68

12 AAC 60.055 Denial of application

The board will, in its discretion, deny an application for licensure by credentials, or deny approval to take a licensing examination, if the applicant has

(1) been found guilty of incompetence by another state or jurisdiction;

(2) violated the ethical standards for providers of psychological services as established by another state agency or jurisdiction;

(3) misrepresented his or her qualifications to the board in any way; or

(4) been found to be practicing psychological services without a license.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 5/18/85, Register 94

12 AAC 60.060 Application not returned

An application becomes the property of the board upon receipt by the department, and neither the application nor its supporting documents will be returned to the applicant. However, if an applicant fails to qualify for licensure, the license fee submitted with the application, if any, will be refunded.

History

Authority: AS 08.86.080; AS 08.86.140
Eff. 12/24/78, Register 68; am 5/18/85, Register 94

12 AAC 60.065 Review of application for courtesy license

Repealed.

History

Eff. 2/27/2005, Register 173; am 9/18/2022, Register 243; repealed 5/3/2025, Register 254

Article 2 Experience and Education

12 AAC 60.070 "Psychologist" and "psychological associate experience" defined

(a) Repealed 1/14/82.

(b) The one year's experience required for a psychologist applicant by AS 08.86.130(a)(3) is satisfied by one year of post-doctoral experience in a field of psychology the same or similar to that in which the applicant acquired academic training under the supervision of a licensed psychologist or a diplomate of the American Board of Professional Psychology.

(c) The two years' experience required for a psychological associate applicant by AS 08.86.160(a)(3) is satisfied by two years' supervised experience in the specialty area that is the same or similar to the field of psychology in which the applicant received education and training.

History

Authority: AS 08.86.070; AS 08.86.080; AS 08.86.130
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 3/27/98, Register 145

12 AAC 60.080 Criteria for evaluation of experience

(a) In order to be credited with the experience required by 12 AAC 60.070, a psychologist or psychological associate applicant must meet the following minimum requirements:

(1) the applicant's supervised experience must have been in the same or a similar field of psychology as was the applicant's education and training;

(2) a year of experience must consist of not less than 1,500 clock hours completed in not less than 10 months and not more than 24 consecutive calendar months; during weeks the applicant works, the applicant must obtain at least 20 hours, but not more than 40 hours, of supervised experience per week;

(3) during

(A) the first year of post master's supervised experience, contact between the supervisor and the applicant must be for a minimum of two hours per week of face-to-face supervision, one hour of which must be individual face-to-face supervision, dealing with direct services provided by the applicant; an applicant must also obtain two additional hours per week in learning activities, as defined in 12 AAC 60.990(a)(10), covering case conferences, ethics, co-therapy, and other content assigned by the supervisor; and

(B) the second year of post master's and the year of post doctoral supervised experience, contact between the supervisor and applicant must be for a minimum of one hour per week of individual face-to-face supervision dealing with direct services provided by the applicant;

(4) at least 80 percent of the supervised experience must be with a licensed psychologist, a diplomate of the American Board of Professional Psychology, or a person holding a doctorate degree in psychology and who is considered by the board qualified to supervise; 20 percent of the supervised experience may be with a psychiatrist licensed under AS 08.64 or a similar law of another state, a psychological associate licensed under AS 08.86 or a similar law of another state, a clinical social worker licensed under AS 08.95 or a similar law of another state, a marriage and family therapist licensed under AS 08.63 or a similar law of another state, or a professional counselor licensed under AS 08.29 or a similar law of another state, who is qualified and competent in the specialty area that is the same or similar to the field of psychology in which the applicant received education and training;

(5) repealed 5/18/85;

(6) repealed 3/27/98;

(7) repealed 3/27/98;

(8) for a psychologist applicant, post doctoral experience may be earned in any post doctoral training program approved by the American Psychological Association or other program determined by the board to be equivalent;

(9) of the supervised experience must be for activities constituting direct services, and at least 50 percent of the supervised experience must be face-to-face contact with patients.

(b) Unsupervised independent private practice, including unsupervised practicums, clerkships, and externships, will not be considered as acceptable supervised professional experience.

(c) For good cause shown to the board's satisfaction, the board will accept an alternate plan of supervision that varies from the requirement of (a)(3) of this section, if the applicant

(1) submits the alternate plan in writing to the board on a form provided by the department; and

(2) receives approval of the alternate plan by the board before beginning the alternate supervised experience.

(d) A supervisor must verify in writing to the board the applicant's supervised experience, setting out the nature and extent of the supervision. A supervisor shall comprehensively document, on a form provided by the department, that during the applicant's supervised experience, the applicant was instructed in issues and concerns related to ethical behavior and that the applicant adequately understands and applies the ethical principles and guidelines.

(e) For good cause shown to the board's satisfaction, the board will grant an extension up to 12 months for an applicant to complete the supervised experience required under 12 AAC 60.070.

(f) Repealed 12/8/2005.

History

Authority: AS 08.86.070; AS 08.86.130; AS 08.86.162 AS 08.86.080; AS 08.86.160
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 5/18/85, Register 94; am 6/29/87, Register 102; am 3/17/91, Register 117; am 3/27/98, Register 145; am 1/14/2001, Register 157; am 5/31/2003, Register 166; am 12/8/2005, Register 176; am 11/1/2007, Register 184; am 7/29/2009, Register 191

12 AAC 60.082 Criteria for programs of graduate study in psychology

The following criteria are established under AS 08.86.130 and 08.86.162 for programs of graduate study for either a doctorate or a master's degree in psychology:

(1) the program must be publicly identified as a program in psychology or the equivalent as determined by the board; and

(2) the institution offering the program must be accredited by one of the regional accrediting bodies recognized by the Council of Post-secondary Accreditation.

History

Authority: AS 08.86.070; AS 08.86.130 AS 08.86.080; AS 08.86.162
Eff. 8/6/87, Register 103

12 AAC 60.083 Additional criteria for doctorate degree

(a) In addition to the criteria established in 12 AAC 60.082, programs of graduate study for a doctorate degree in psychology must require

(1) the equivalent of three full-time academic years of graduate study, two years of which are through the degree-granting institution, and one year of which is in full-time residence at the degree-granting institution;

(2) courses covering the following program components:

(A) methodology and history, including course work in each of the following four areas of study:

(i) history and systems;

(ii) psychology measurement;

(iii) research methodology;

(iv) techniques of data analysis (statistics);

(B) foundation in psychology, including course work in each of the following five areas of study:

(i) biological bases of behavior, including physiological psychology, comparative psychology, neuropsychology, and psychopharmacology;

(ii) cognitive-affective bases of behavior, including learning, memory, perception, cognition, thinking, motivation, and emotion;

(iii) social bases of behavior, including social psychology, cultural, ethnic, sex roles, and organizational behavior;

(iv) individual differences, including personality theory, human development, individual differences, abnormal psychology, psychology of women, psychology of persons with disabilities, and psychology of the minority experience; and

(v) knowledge and use of ethics;

(3) a supervised practicum or laboratory experience appropriate to the area of practice in psychology; and

(4) a predoctoral internship; a predoctoral internship must include the following components:

(A) the internship must be designed to provide a planned, programmed sequence of training experiences, the primary focus of which is to assure breadth and quality of training;

(B) the internship setting must have

(i) a clearly designated psychologist who is responsible for the integrity and quality of the training program and who is licensed or certified by a state or provincial board of psychology examiners;

(ii) two or more psychologists available as supervisors;

(iii) a written statement or brochure describing the goals and content of the internship, stating clear expectations and quality of an intern's work, and made available to prospective interns;

(C) supervision must be provided by the person who is responsible for the cases being supervised; at least 80 percent of the supervision must be provided by a psychologist;

(D) at least 25 percent of the intern's time (minimum 375 hours) must be spent in direct client contact providing assessment and intervention services;

(E) the internship must include at least

(i) two hours per week of regularly scheduled, formal, face-to-face individual supervision with the specific intent of dealing with the direct psychological services rendered by the intern;

(ii) two hours of other learning activities, such as case conferences, seminars on applied issues, co-therapy with a staff person, including discussion and group supervision;

(F) supervision and training relating to ethics must be an ongoing aspect of the internship program;

(G) an intern must use a title such as "intern", "resident", "fellow", or other designation of trainee status;

(H) the internship experience must consist of at least 1,500 hours and must be completed within 24 months.

(b) Repealed 7/29/2009.

(c) Programs accredited by the American Psychological Association Education and Credentialing Committee are recognized as meeting the requirements of this section.

(d) If an applicant obtains a doctorate degree without completing courses in all the areas of study described in (a)(2) of this section, and if the deficiency consists of no more than two courses, the applicant may make up the course deficiency by passing courses in each relevant area of study from an institution that meets the requirements of 12 AAC 60.082. Each course taken to make up a course deficiency must be for three semester hours or four quarter hours of credit. For each course taken to make up a course deficiency, the applicant must submit to the department an official transcript from the institution showing the name of the course, the grade that the applicant received, and the number of semester or quarter hours of credit for each class.

History

Authority: AS 08.86.070; AS 08.86.080; AS 08.86.130
Eff. 8/6/87, Register 103; am 11/1/2007, Register 184; am 7/29/2009, Register 191

12 AAC 60.084 Additional criteria for master's degree

(a) In addition to the criteria established in 12 AAC 60.082, programs of graduate study for a master's degree in psychology must require

(1) courses covering the following program components:

(A) methodology and history, including course work in each of the following four areas of study:

(i) history and systems;

(ii) psychological measurement;

(iii) research methodology;

(iv) techniques of data analysis, including statistics;

(B) foundation in psychology, including course work in each of the following five areas of study:

(i) biological bases of behavior, including physiological psychology, comparative psychology, neuropsychology, and psychopharmacology;

(ii) cognitive-affective bases of behavior, including learning, memory, perception, cognition, thinking, motivation, and emotion;

(iii) social bases of behavior, including social psychology, cultural, ethnic, sex roles, and organizational behavior;

(v) knowledge and use of ethics;

(2) a supervised practicum or laboratory experience appropriate to the area of practice in psychology.

(b) If an applicant obtains a master's degree without completing courses in all the areas of study described in (a)(1) of this section, and if the deficiency consists of no more than two courses, the applicant may make up the course deficiency by passing courses in each relevant area of study from an institution that meets the requirements of 12 AAC 60.082. Each course taken to make up a course deficiency must be for three semester hours or four quarter hours of credit. For each course taken to make up a course deficiency, the applicant must submit to the department an official transcript from the institution showing the name of the course, the grade that the applicant received, and the number of semester or quarter hours of credit for each class.

History

Authority: AS 08.86.070; AS 08.86.080; AS 08.86.162
Eff. 8/6/87, Register 103; am 8/15/2008, Register 187; am 7/29/2009, Register 191

12 AAC 60.085 Approved program of determination

Repealed 8/6/87.

12 AAC 60.090 "Accreditation" defined

Repealed 4/22/83.

Article 3 Examinations

12 AAC 60.100 Frequency of state examination

The state examination will be given four times a year on dates set by the board.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68; am 11/21/2001, Register 160; am 5/31/2003, Register 166

12 AAC 60.110 Examinations

(a) The state examination is objective. Candidates will be given two hours to complete the examination.

(b) Answers to the state examination must be recorded on the answer sheets furnished by the board.

(d) Repealed 11/21/2001.

(e) An applicant may not remove examination materials from the examination location nor make any record of examination materials.

(f) Any applicant assisting or receiving assistance from another applicant or violating any provisions of 12 AAC 60.120 will be dismissed from the examination and will forfeit fees paid and the privilege of examination.

(g) In addition to passing the state examination required by this section, applicants for licensure by examination must provide verification of having passed the Examination for Professional Practice in Psychology (EPPP).

(h) If a candidate fails to take an examination without notifying the department in writing at least 30 days before the examination date, the candidate's examination fee will be forfeited, except upon the board finding that the candidate has shown reasonable cause or excusable neglect.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68; am 3/27/98, Register 145; am 11/21/2001, Register 160; am 2/27/2005, Register 173

12 AAC 60.120 Identification of applicant

(a) For purposes of anonymity, the department will assign each applicant an examination number which neither the department nor applicant may reveal.

(b) No applicant may place any identification marks on the examination papers or reveal the examination number to an examiner or to any other person.

(c) No applicant may identify herself or himself by making any oral or written reference to any college, professor, present licenses, present position, or specialty until the examination has been completed.

(d) No items turned in to the examiners may identify the applicant except by the assigned examination number.

History

Authority: AS 08.86.080
Eff. 12/24/78, Register 68

12 AAC 60.130 Time allowed for examination

Repealed.

History

Eff. 12/24/78, Register 68; repealed 11/21/2001, Register 160

12 AAC 60.140 Passing scores

(a) To pass the EPPP examination a psychologist applicant must achieve the Association of State and Provincial Psychology Boards (ASPPB) recommended passing score of either 500 or higher on the computerized version or 70 percent or higher on the non-computerized version of the examination.

(b) To pass the EPPP examination a psychological associate applicant must achieve the ASPPB recommended passing score of either 450 or higher on the computerized version or 60 percent or higher on the non-computerized version of the examination.

(c) Psychologist and psychological associate applicants must achieve a score of at least 70 percent on the state examination to pass.

(d) An applicant will be given only written notification by the department of the applicant's score on the examinations.

(e) State examination questions will be based upon material contained in AS 08.86, AS 47.30.655 - 47.30.915, this chapter, and the American Psychological Association guidelines, standards, principles, and code of conduct concerning the delivery of psychological services.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 5/18/85, Register 94; am 11/21/2001, Register 160

12 AAC 60.150 Review and regrading of examination

(a) An applicant who receives a failing score may request a review and regrading of the examination by submitting a written request to the department within 30 days of receiving notification of the score.

(b) Repealed 11/21/2001.

(c) The review must be made in the presence of one board member and any recommended change in the score must be approved by the board at a duly conducted meeting of the board.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68; am 11/21/2001, Register 160; am 11/1/2007, Register 184

12 AAC 60.160 Reexamination

(a) An applicant who fails the EPPP examination and who wishes to be reexamined must notify the department in writing of the applicant's intent to be reexamined.

(b) If one year or more has lapsed since the applicant last took an examination, the applicant must submit a new and complete application for examination.

(c) A psychological associate applicant who fails the EPPP examination may not be reexamined for at least six months after taking that examination.

History

Authority: AS 08.86.080; AS 08.86.162
Eff. 12/24/78, Register 68; am 5/18/85, Register 94; am 11/21/2001, Register 160; am 5/31/2003, Register 166

12 AAC 60.170 Transfer of examination grades

An applicant for licensure by examination who has passed the EPPP examination under the jurisdiction of another state or territory of the United States, or a province of Canada, may transfer those scores to the board.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 1/14/82, Register 81; am 11/21/2001, Register 160; am 11/1/2007, Register 184

Article 4 Rules of Professional Conduct

12 AAC 60.180 Competence

(a) A licensed psychologist may not function outside the licensee's particular field or fields of competence as established by the licensee's education, training, and experience, including when the licensed psychologist is conducting supervision under 12 AAC 60.080.

(b) A licensed psychological associate may not function outside the scope of practice as established by the licensee's education and training.

History

Authority: AS 08.86.070; AS 08.86.080; AS 08.86.164
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 5/18/85, Register 94; am 3/27/98, Register 145; am 11/1/2007, Register 184

12 AAC 60.185 Ethics and standards

(a) The ethics to be adhered to by licensed psychologists and licensed psychological associates are the Ethical Principles of Psychologists and Code of Conduct (June 2003), with the 2010 amendments, effective June 1, 2010, with the 2016 amendment, effective January 1, 2017, of the American Psychological Association, Inc. Ethical Principles of Psychologists and Code of Conduct is adopted by reference in this section.

(b) Repealed 12/23/2016.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 4/22/83, Register 86; am 3/17/91, Register 117; am 7/28/94, Register 131; am 9/17/2003, Register 167; am 12/23/2016, Register 220; am 9/18/2022, Register 243

12 AAC 60.190 Misrepresentation

A licensed psychologist and a licensed psychological associate may not misrepresent or permit the misrepresentation of the licensee's professional qualifications, affiliations, or purposes, or those of the institutions, organizations, products or services with which the licensee is associated.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68; am 11/1/2007, Register 184

12 AAC 60.200 Confidentiality

A licensed psychologist and a licensed psychological associate shall safeguard confidential information that has been obtained in the course of the licensee's teaching, practice, or investigation.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68; am 1/14/82, Register 81; am 11/1/2007, Register 184

12 AAC 60.210 Test security

Repealed 5/18/85.

12 AAC 60.220 Effect of violation

Violation of any of the provisions of 12 AAC 60.170 - 12 AAC 60.210 or AS 08.86.190 - 08.86.200 is unprofessional conduct and grounds for disciplinary proceedings.

History

Authority: AS 08.86.070(3)AS 08.86.080; AS 08.86.210
Eff. 12/24/78, Register 68

Article 5 Reinstatement of Professional Privileges After Discipline

12 AAC 60.230 Appearance required for reinstatement of professional privileges

A person seeking reinstatement of professional privileges whose license has been revoked or suspended or whose authority to practice has been limited or conditioned shall appear in person before the board at a time and place designated by the board to determine the individual's present fitness.

History

Authority: AS 08.86.080
Eff. 12/24/78, Register 68

12 AAC 60.240 Documentation of rehabilitation

An applicant for reinstatement of professional privileges has the burden of satisfying the board that he or she is rehabilitated.

History

Authority: AS 08.86.070; AS 08.86.080
Eff. 12/24/78, Register 68

Article 6 Continuing Education

12 AAC 60.250 Purpose of continuing education

The purpose of continuing psychology education is to insure that the renewal of licenses is contingent upon proof of continued competency and assure the consumer of an optimum quality of psychological health care by requiring licensed psychologists and psychological associates to pursue education designed to enhance and advance their professional skills and knowledge.

History

Authority: AS 08.86.070(6)
Eff. 4/22/83, Register 86

12 AAC 60.260 Hours of continuing education required

(a) Repealed 3/27/98.

(b) Each psychologist or psychological associate seeking license renewal shall obtain and document an average of 20 credit hours of continuing education for each year during the concluding licensing period. Effective July 1, 1999, at least three of the total credit hours of continuing education required for the concluding licensing period must be in professional ethics.

(c) At least half of the required continuing education hours must be obtained by means of live interactive programs, courses, or training sessions. The licensee shall provide verification of attendance.

(d) For the purposes of this section, "live interactive" means a program, course, or training session in which students and instructors engage with program, course, or session content and each other at the same time, in real time. A program, course, or training session may be in-person or through the Internet and may not be pre-recorded or obtained by means of self-study.

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 3/27/98, Register 145; am 5/3/2025, Register 254

12 AAC 60.270 Computation of continuing education hours

(a) For the purpose of computing continuing education credits, 50 minutes of instruction constitutes one hour.

(b) Credit will be given as awarded by the agency providing the instruction.

(d) Continuing education credit is given for auditing an academic course.

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 6/29/84, Register 90; am 6/27/2014, Register 210

12 AAC 60.280 Computation of academic continuing education hours

(a) One quarter hour academic credit from a college or university constitutes 10 hours of continuing education.

(b) One semester hour academic credit from a college or university constitutes 15 hours of continuing education.

(d) Auditing one semester credit hour of academic credit constitutes 12 hours of continuing education.

(e) For a licensing period that begins on or after July 1, 2007, the academic continuing education hours claimed by an applicant for renewal or reinstatement under this section must be obtained from a graduate level course.

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 6/29/84, Register 90; am 2/22/2007, Register 181

12 AAC 60.290 Accepted subjects

To be accepted by the board, the subject of a continuing education program must contribute directly to the professional competency of a person licensed to practice as a psychologist or a psychological associate and must be directly related to the concepts of psychological principles, ethics, or practices as defined in AS 08.86.230(6).

History

Authority: AS 08.86.070(6)
Eff. 4/22/83, Register 86

12 AAC 60.300 Approved nonacademic continuing education programs

(a) Repealed 8/20/2004.

(b) Nonacademic continuing education programs under this section must be provided by sponsoring organizations approved by the American Psychological Association or another professional organization representing mental or behavioral health professions, including the American Medical Association, American Psychiatric Association, National Association of Social Workers, American Nurses Association, American Association of Marriage and Family Therapists, and National Association of School Psychologists.

(c) For a licensing period that begins on or after July 1, 2013, nonacademic continuing education programs provided by sponsoring organizations approved by the American Bar Association are approved if those programs

(1) contribute directly to the professional competency of a person licensed to practice as a psychologist or a psychological associate; and

(2) are directly related to the concepts of psychological principles, ethics, or practices that are elements of practicing psychology within the meaning given in AS 08.86.230.

(d) For a licensing period that begins on or after July 1, 2013, a psychologist or psychological associate may obtain one hour of continuing education credit for physically attending two hours of a regularly scheduled meeting of the board. The individual obtaining the continuing education credit must verify attendance at the board meeting by signing in upon arrival and signing out upon departure. The individual obtaining continuing education credit will be given a certificate of attendance signed by the licensing examiner whom the department employs to carry out AS 08.86 and who is in attendance at the meeting, and by one board member who is in attendance at the meeting. In any given licensing period, a psychologist or psychological associate may claim a maximum of two continuing education credit hours for attendance as described under this subsection.

(e) For a licensing period that begins on or after July 1, 2013, a psychologist or psychological associate may obtain continuing education credit by means of live interactive nonacademic continuing education programs presented over the Internet by sponsoring organizations that are approved as described in this section, if attendance is verified.

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 1/14/2001, Register 157; am 8/20/2004, Register 171; am 6/27/2014, Register 210

12 AAC 60.310 Individual study

(a) The number of continuing education credits awarded for completion of a formal correspondence program, noninteractive electronic media program, or other individual study program that requires registration and provides evidence of satisfactory completion must meet the criteria as set out in 12 AAC 60.300(b) or (c).

(b) Credit awarded under this section may not exceed one half of the total hours required in any licensing renewal period.

(c) For a licensing period that begins on or after July 1, 2007, the continuing education hours claimed by an applicant for renewal or reinstatement under this section that are obtained from a college or university must be obtained from a graduate level course.

(d) For a licensing period that begins on or after July 1, 2007, the continuing education hours claimed by an applicant for renewal or reinstatement under this section that are not obtained from a college or university must meet the requirements under 12 AAC 60.300(b).

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 2/22/2007, Register 181; am 6/27/2014, Register 210

12 AAC 60.320 Instructor or discussion leader

(a) One hour of continuing education credit will be awarded for each hour completed as an instructor or discussion leader of educational programs meeting the requirements of 12 AAC 60.250 - 12 AAC 60.310. Credit will be awarded only for the initial course of instruction of the subject matter, unless there have been substantially new developments in the subject since the prior presentation.

(b) Credit awarded under this section may not exceed one-third of the total hours required for a license renewal and may not be claimed for the same license renewal in which credit is claimed under 12 AAC 60.330.

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 1/14/2001, Register 157

12 AAC 60.330 Publications and presentations

(a) Twenty credit hours of continuing education will be awarded for each

(1) authorship of a publication in a professional psychology journal, if the publication relates directly to the concepts of psychological principles, ethics, or practices, and is published or accepted for publication during the two year reporting period immediately preceding the license renewal;

(2) oral or poster presentation of a written paper at a meeting of the American Psychological Association, a technical meeting of a state psychology society, or meeting of a professional psychology-oriented organization, if the presentation relates directly to the concepts of psychological principles, ethics, or practices, and the presentation occurred during the two year reporting period immediately preceding the license renewal; or

(3) authorship of a professional psychology book or monograph published or accepted for publication during the two year reporting period immediately preceding the license renewal.

(b) Credit awarded under this section may not exceed one-half of the total hours required for a license renewal and may not be claimed for the same license renewal in which credit is claimed under 12 AAC 60.320.

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 1/14/2001, Register 157

12 AAC 60.340 Reinstatement

(a) The license of any licensee which is not renewed by reason of failure to comply with the continuing education requirements of 12 AAC 60.250 - 12 AAC 60.350, may be reinstated after submission to the board of proof of the completion of all continuing education credit hours required.

(b) A licensee unable to obtain the required continuing education hours for license renewal, due to reasonable cause or excusable neglect, must request exemption status in writing to the board with a statement explaining the reasonable cause or excusable neglect. The board will, in its discretion, prescribe an alternative method of compliance with the continuing education requirements as the board considers appropriate to the individual situation.

History

Authority: AS 08.86.070(6)
Eff. 4/22/83, Register 86

12 AAC 60.350 Report of continuing education

(a) An applicant for renewal of a license to practice psychology shall submit, on a form provided by the department, a sworn statement of the continuing education in which the applicant participated. At a minimum the statement must indicate the following, as applicable:

(1) the sponsoring organization;

(2) the location of the course or correspondent;

(3) the title or description of course or both;

(4) the principal instructor;

(5) the dates of attendance or period of correspondence;

(6) the titles, issues, and dates of publications or presentations; and

(7) the number of continuing education hours claimed.

(b) Falsification of any written evidence submitted to the board under this section is unprofessional conduct and constitutes grounds for censure, reprimand, or license revocation or suspension.

(c) If an applicant does not submit, on or before the renewal date, the information required in (a) of this section, the applicant's license to practice psychology lapses.

History

Authority: AS 08.86.070
Eff. 4/22/83, Register 86; am 1/14/2001, Register 157; am 2/22/2007, Register 181

Article 7 Telepsychology Practice

12 AAC 60.400 Scope of telepsychology practice

(a) Services offered by licensees by electronic means who are physically separate from the recipient of the services fall within the jurisdiction of the board.

(b) The standards of traditional face-to-face services described in AS 08.86 and 12 AAC 60 apply to telepsychology or technology-assisted distance professional services.

(c) The practice of technology-assisted distance professional services does not include functions or practices that are not within the training required for licensure under this chapter in accordance with AS 08.86.164 and 12 AAC 60.180.

(d) The scope, eligibility, and standards of telepsychology practice established under 12 AAC 60.400 - 12 AAC 60.415 do not supersede the functions, practices, and definitions relating to "appropriate supervision" and "supervised experience" as described elsewhere in AS 08.86 and this chapter.

History

Authority: AS 08.86.070; AS 08.86.130; AS 08.86.160
Eff. 10/18/2023, Register 248

12 AAC 60.405 Eligibility to practice telepsychology

To be eligible to practice telepsychology with clients physically present in this state, a psychologist or psychological associate must meet the requirements under AS 08.01.085 and

(1) be licensed under AS 08.86.130 as a licensed psychologist or under AS 08.86.160 as a licensed psychological associate; and

(2) complete general competency training in the practice of telepsychology, totaling a minimum of four hours.

History

Authority: AS 08.01.085; AS 08.86.160 AS 08.86.130; AS 08.86.170
Eff. 10/18/2023, Register 248

12 AAC 60.410 Technology assisted distance professional services

The provision of professional services in this state by a person licensed under AS 08.86 through digital, telephonic, or electronic means, regardless of the location of the client, constitutes the practice of psychology in this state. Licensees are required to comply with all statutes, regulations, and rules of the state where the client is physically located.

History

Authority: AS 08.01.085; AS 08.86.160 AS 08.86.130; AS 08.86.170
Eff. 10/18/2023, Register 248

12 AAC 60.415 Informed consent

Licensees shall obtain informed consent of the recipient before providing distance professional services. To be effective, informed consent must be, understandable by the recipient, discuss the benefits and risks of entering into distance professional services, and address the use of telephone, online synchronous provision of psychological services, electronic billing, text, and email contact with a recipient.

History

Authority: AS 08.86.070; AS 08.86.130; AS 08.86.160
Eff. 10/18/2023, Register 248

Article 8 General Provisions

12 AAC 60.900 Filing of addresses

Repealed.

History

Eff. 12/24/78, Register 68; repealed 3/27/98, Register 145

12 AAC 60.910 Independent practice by psychological associate

Repealed.

History

Eff. 8/6/87, Register 103; am 3/17/91, Register 117; repealed 3/27/98, Register 145

12 AAC 60.990 Definitions

(a) In this chapter and AS 08.86:

(1) "accredited school" means a school which is accredited by any regional accrediting agency recognized by the American Association of Collegiate Registrars and Admissions Offices;

(2) "appropriate supervision" means supervision by a licensed psychologist who is responsible for insuring that the extent, kind, and quality of the psychological services performed are consistent with the training and experience of the supervised person and supervision that is consistent with

(A) the standards established in 12 AAC 60.185; or

(B) the alternate supervision plan accepted by the board under 12 AAC 60.080(c);

(3) "professional incompetence" means lacking sufficient knowledge, skills, or professional judgement in a field of practice in which a psychologist or psychological associate engages, to a degree likely to endanger the mental health or well-being of patients;

(4) "reasonable cause or excusable neglect" means

(A) chronic illness;

(B) retirement;

(D) hardships as individually determined by the board;

(5) "technical meeting" means a professional meeting incorporating formal written or oral presentations of psychology related research, theory, or applied topics;

(6) "supervised experience" includes direct client contact and preparation for direct client contact, staff meetings, case conferences, report writing, co-therapy, in-service training, and psychodiagnostic assessment;

(7) "division" means the division assigned occupational licensing functions within the department;

(8) "EPPP examination" means the Examination for Professional Practice in Psychology administered by the Professional Examination Service;

(9) "direct services" means activities performed by a psychologist or psychological associate that are directly related to providing psychological services to a patient, including individual and family psychotherapy, psychological testing, report writing, studying test results, case consultations, and reviewing published works relating to the patient's needs;

(10) "learning activities" means professional development activities approved by the supervisor who signed the applicant's supervision plan, including individual readings, reading groups, consultation groups, college or university short courses, mail or internet-based education activities, facilitated discussion groups, topic-relevant audio and video presentations, workshops, seminars, and symposia.

(11) "distance professional services" means the mode of delivering psychological services while physically separate from the recipient by means of technology-assisted media, including telephone, video, Internet, smartphone, tablet, desktop system, or other electronic means.

(b) Repealed 3/27/98.

History

Authority: AS 08.86.070; AS 08.86.130 AS 08.86.080; AS 08.86.204
Eff. 4/22/83, Register 86; am 6/29/87, Register 102; am 3/17/91, Register 117; am 3/27/98, Register 145; am 11/21/2001, Register 160; am 12/8/2005, Register 176; am 7/29/2009, Register 191; am 10/18/2023, Register 248

Chapter 62 Board of Professional Counselors

Article 1 Licensing Requirements

12 AAC 62.100 License by examination

(a) The board will issue a professional counselor license by examination to an applicant who meets the requirements of AS 08.29.110(a) or 08.29.130, and this section.

(b) An applicant for a professional counselor license by examination shall submit

(1) a complete application, on a form provided by the department;

(2) verification that the applicant has passed an examination that meets the requirements of 12 AAC 62.110;

(3) verification that the applicant meets the requirements of AS 08.29.110(a) or 08.29.130;

(4) certified transcripts showing that the applicant meets the requirements of 12 AAC 62.120;

(5) the applicable fees established in 12 AAC 02.325; and

(6) a report of criminal justice information under AS 12.62.005 - 12.62.200, and if a state other than this state is the applicant's primary state of residence, an equivalent report issued by that other state.

(d) An application submitted under this section is considered abandoned three years after the date of application.

(e) Repealed 7/15/2023.

History

Authority: AS 08.29.020; AS 08.29.130 AS 08.29.110; AS 08.29.400
Eff. 10/30/99, Register 152; am 12/5/2002, Register 164; am 4/19/2003, Register 166; am 1/29/2009, Register 189; am 8/18/2013, Register 207; am 7/15/2023, Register 247

12 AAC 62.110 Examination

(a) The written examination for a professional counselor license as required under AS 08.29.110(a)(4) is the National Counselor Examination for Licensure and Certification (NCE) or the National Clinical Mental Health Counseling Examination (NCMHCE), administered by the National Board for Certified Counselors, Inc. (NBCC). An applicant must obtain a passing score on the examination accepted by the board based on the determinations made by the NBCC.

(b) In lieu of the NCE or NCMHCE, the board will accept passage of another nationally recognized examination for professional counselors that is equivalent to the NCE or NCMHCE. The applicant must obtain verification of passage of the examination accepted by the board, sent directly to the board by the administrator of the examination.

(d) An applicant who has passed an examination specified in (a) or (b) of this section must retake the examination if the applicant has not been issued an initial license within three years of passing the examination. For good cause shown, the board may grant an extension of up to two years of use of the examination.

History

Authority: AS 08.29.020; AS 08.29.110
Eff. 10/30/99, Register 152; am 12/5/2002, Register 164; am 4/19/2003, Register 166; am 1/14/2011, Register 197; am 8/18/2013, Register 207; 5/18/2014, Register 210; am 7/15/2023, Register 247

12 AAC 62.120 Approved degrees

(a) To meet the requirements of AS 08.29.110(a)(5), an applicant's degree must be from an institution of higher education in the United States that is accredited by a regional or national accrediting agency and the degree must have included course work in at least eight of the following subject areas:

(1) the helping relationship, including counseling theory and practice;

(2) human growth and development;

(3) lifestyle and career development;

(4) group dynamics, processes, counseling, and consulting;

(5) assessment, appraisal, and testing of individuals;

(6) social and cultural foundation, including multicultural issues;

(7) principles of etiology, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior;

(8) marriage and family counseling and therapy;

(9) research and evaluation;

(10) professional counseling orientation; and ethics.

(b) To meet the requirements of AS 08.29.130, an applicant's degree must be from a foreign college or university approved by the board that meets the standards of a regionally or nationally accredited education institution in the United States. To be approved, a degree from a foreign college or university must have included course work in at least eight of the subject areas listed in (a)(1) - (10) of this section.

(c) An applicant who has not obtained enough graduate semester hours in the applicant's earned master's degree in counseling or a related professional field to meet the 60 graduate semester hours required under AS 08.29.110(a)(5)(B) may obtain the additional graduate semester hours needed to meet that requirement from an accredited program in (a) of this section either online or at an institution.

(d) If applying on or after February 1, 2012, an applicant must have a minimum of three graduate level credits in ethics.

History

Authority: AS 08.29.020; AS 08.29.110; AS 08.29.130
Eff. 10/30/99, Register 152; am 1/28/2005, Register 173; am 1/13/2012, Register 201; am 9/20/2015, Register 215

12 AAC 62.130 License by credentials

The board will issue a professional counselor license by credentials to an applicant who meets the requirements of AS 08.29.120, and of this section. An applicant for a license under this section must

(1) submit a complete application, on a form provided by the department;

(2) pay the applicable fees established in 12 AAC 02.325;

(3) submit verification that the applicant holds a license to practice professional counseling in another jurisdiction, current as of the date of application;

(4) submit documentation of the licensure requirements of the jurisdiction where the applicant holds a license to practice professional counseling;

(5) repealed 11/1/2024;

(6) submit complete information regarding any disciplinary action or investigation taken or pending against the applicant, from all licensing jurisdictions where the applicant has ever held a professional counselor license; and

(7) submit a report of state criminal justice information under AS 12.62.005 - 12.62.200, and if a state other than this state is the applicant's primary state of residence, an equivalent report issued by that other state.

History

Authority: AS 08.29.020; AS 08.29.120; AS 08.29.400
Eff. 10/30/99, Register 152; am 1/29/2009, Register 189; am 9/20/2015, Register 215; am 2/20/2022, Register 241; am 11/1/2024, Register 252

12 AAC 62.135 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a professional counselor who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a completed application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(5) may not have been convicted of a crime that affects the applicant's ability to practice professional counseling competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.01.075 and AS 08.29.400.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.29.020
Eff. 9/11/2022, Register 243

12 AAC 62.140 Transitional license

Repealed.

History

Eff. 10/30/99, Register 152; repealed 12/5/2002, Register 164

12 AAC 62.150 Emergency courtesy license

(a) In an urgent situation, the board may issue an emergency courtesy license to an applicant who has a license in good standing to practice as a professional counselor in another jurisdiction with licensing requirements at least equivalent to those of this state, and who meets the requirements of this section. The board may limit the scope of a license issued under this section, as appropriate to respond to the urgent situation.

(b) An applicant for an emergency courtesy license under this section must submit to the department a completed application on a form provided by the department.

(c) A license issued under this section is valid for the period specified by the board and may not exceed 120 consecutive days. An emergency courtesy license may be renewed for one additional period specified by the board, not to exceed 120 consecutive days.

(d) While practicing under an emergency courtesy license issued under this section, including by distance, the holder of the license must comply with the standards of practice set out in AS 08.29 and this chapter and is subject to discipline for actions taken or omitted while practicing under the emergency courtesy license.

(e) The board may refuse to issue an emergency courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.29.400.

(f) In this section, "urgent situation" means a health crisis affecting all or part of the state that requires increased availability of professional counselors.

History

Authority: AS 08.01.062; AS 08.29.020
Eff. 11/20/2020, Register 236

Article 2 Supervision

12 AAC 62.200 Approved counselor supervisor certification

(a) The board will certify as an approved counselor supervisor an applicant who meets the requirements of AS 08.29.210 and of this section. An applicant for certification under this section must

(1) submit a complete application, on a form provided by the department;

(2) submit the board-approved supervisor fee established in 12 AAC 02.325;

(3) certify that the applicant adheres, and will continue to adhere, to the ethical guidelines adopted in (b) of this section;

(4) submit documentation of having completed at least 25 contact hours of continuing education related to supervision of professional counselors within the two years preceding the date of application; the 25 contact hours of continuing education must include at least 12 hours earned through attendance and completion of synchronous courses, seminars, and workshops; the 25 contact hours must be obtained through or approved by any of the following:

(A) a three semester-hour graduate course in clinical supervision;

(B) a course approved by the National Board of Certified Counselors (NBCC);

(D) a course approved by the American Health Counselors Association (AMCHA); or

(E) other courses related to professional counseling supervision and presented to the board for pre-approval as equivalent to courses described in (B) - (D) of this paragraph; and

(5) if the applicant is applying to be certified as an approved counselor supervisor from another jurisdiction, submit a copy of the applicant's license in that jurisdiction.

(b) The code of ethics for an approved counselor supervisor certified under this section is the AMHCA Code of Ethics, adopted by reference in 12 AAC 62.900.

(1) has been disciplined by a licensing jurisdiction within three years of the date of the application;

(2) has violated the ethical standards of a profession in which the applicant currently holds a license, as established by the jurisdiction that issued the license, within three years of the date of the application; or

(3) is, at the time the application is received by the department, the subject of a complaint or an unresolved investigation for a violation of the ethical standards set out under 12 AAC 62.900 or as established by another state agency or jurisdiction.

History

Authority: AS 08.29.020; AS 08.29.110; AS 08.29.210
Eff. 10/30/99, Register 152; am 1/28/2005, Register 173; am 12/29/2006, Register 180; am 7/12/2008, Register 187; am 1/14/2011, Register 197; am 9/20/2015, Register 215; am 2/20/2022, Register 241; am 11/1/2024, Register 252

12 AAC 62.220 Supervised experience

(a) To be accepted by the board, supervised experience required under AS 08.29.110(a)(6) must include experience in those professional counseling skills included in the definition of "practice of professional counseling" in AS 08.29.490.

(b) To meet the supervised experience requirements of AS 08.29.110(a)(6), the board will accept the hours of supervised experience, accumulated by an applicant for licensure, under the supervision of a person that is certified before the supervision begins, as an approved counselor supervisor under 12 AAC 62.200.

(d) At least 50 hours of the 100 hours of face-to-face supervised experience required under AS 08.29.110(a)(6) must be accumulated by an applicant in a one-on-one setting with a supervisor certified as an approved counselor supervisor under 12 AAC 62.200. An applicant may accumulate the remaining 50 hours of supervised experience in a one-on-one setting or a group setting with a supervisor certified as an approved counselor supervisor under 12 AAC 62.200. An applicant must accumulate a minimum of one hour of supervision monthly.

(e) An applicant may receive supervision by telephonic or electronic means on Zoom, Microsoft Teams, Apple FaceTime, or another audio and video platform that permits the supervisor and the applicant to engage in communication that is face-to-face. During supervision, the supervisor and applicant must have their microphone and camera activated.

(f) In this section, "face-to-face" means happening precisely at the same time during which the supervisor and applicant are able to communicate in real time.

History

Authority: AS 08.29.020; AS 08.29.110; AS 08.29.210
Eff. 10/30/99, Register 152; am 1/28/2005, Register 173; am 2/20/2022, Register 241

Article 3 License Renewal and Reinstatement; Continuing Education

12 AAC 62.300 License renewal

A licensee applying for renewal of a professional counselor license must

(1) submit a complete renewal application, on a form provided by the department, including a statement of the continuing education contact hours under 12 AAC 62.310 completed by the applicant during the concluding license period; and

(2) pay the license renewal fee established in 12 AAC 02.325.

History

Authority: AS 08.29.020; AS 08.29.140
Eff. 10/30/99, Register 152

12 AAC 62.310 Continuing education requirements

(a) A licensee applying for renewal of a professional counselor license must complete the number of continuing education contact hours set out in this section. For a biennial licensing period ending on or before October 31, 2023, at least three contact hours must be in professional ethics. For a biennial licensing period beginning on or after November 1, 2023, at least three contact hours must be in professional ethics, at least three contact hours must be in suicidality. and at least three contact hours must be in cultural competency. The number of contact hours for a biennial licensing period is as follows:

(1) first biennial renewal, if the licensee held the license for less than 12 months during the concluding biennial licensing period, 20 contact hours;

(2) first biennial renewal, if the licensee held the license for at least 12 months but less than 18 months during the concluding biennial licensing period, 30 contact hours;

(3) first biennial renewal, if the licensee held the license for 18 months or more during the concluding biennial licensing period, 40 contact hours;

(4) second or subsequent biennial renewal, 40 contact hours.

(b) Except as provided in (c) of this section, the board will consider one continuing education contact hour as a minimum of 50 minutes of classroom instruction between instructor and participant, including instruction in real-time audio and audio-visual courses. The board will accept academic credit converted to contact hours as follows:

(1) one semester academic credit equals 15 contact hours;

(2) one quarter academic credit equals 10 contact hours.

(c) For a course, seminar, or workshop offered or approved by an organization listed in 12 AAC 62.320(b)(2), if the organization has designated the number of continuing education units to be awarded for that course, seminar, or workshop, the board will accept contact hours equal to the designated number of continuing education units.

(d) A minimum of 20 hours of the total number of continuing education contact hours required for renewal of a license under this section must be earned through attendance and completion of synchronous courses, seminars, and workshops.

(e) Not more than one-half of the total number of continuing education contact hours required for renewal of a license under this section may be earned by completion of a correspondence, videotape, audiocassette, or other individual study program.

(f) Only hours of actual attendance during instruction will be accepted as continuing education contact hours earned from an academic course audited by the licensee. The total number of contact hours earned may not exceed the number of academic credit hours offered for that course.

(g) Repealed 2/20/2022.

(h) Not more than 12 contact hours in a 24-hour period may apply to the total number of continuing education contact hours required for renewal of a license under this section.

History

Authority: AS 08.29.020; AS 08.29.140
Eff. 10/30/99, Register 152; am 12/29/2006, Register 180; am 9/20/2015, Register 215; am 2/20/2022, Register 241; am 7/15/2023, Register 247

12 AAC 62.320 Approved continuing education

(a) To be accepted by the board, continuing education must contribute directly to the professional competency of a professional counselor and must be directly related to the skills and knowledge required to implement professional counseling principles and methods.

(b) The following continuing education will be accepted by the board if related to professional counseling as provided in (a) of this section:

(1) postgraduate courses, seminars, and workshops offered or approved by a regionally or nationally accredited institution of higher education, either audited by the licensee or taken for academic credit;

(2) courses, seminars, and workshops offered or approved by the

(A) American Counseling Association;

(B) Alaska Counseling Association;

(D) Association of Social Work Boards;

(E) National Association of Social Workers;

(F) American Association for Marriage and Family Therapy;

(G) National Board for Certified Counselors;

(H) Alaska Commission for Behavioral Health Certification;

(I) Alaska Psychological Association;

(J) Alaska School Counselor Association;

(K) Alaska Chapter of the National Association of Social Workers;

(L) American School Counselor Association;

(M) Department of Health or Department of Family and Community Services;

(N) Co-Occurring Disorders Institute, Inc.;

(O) Alaska Training Cooperative;

(P) NAADAC, the Association for Addiction Professionals;

(Q) Regional Alcohol and Drug Abuse Counselor Training Program;

(R) Association for Play Therapy (APT);

(3) cross-disciplinary courses, seminars, or workshops in the fields of medicine, law, behavioral sciences, ethics, or other disciplines;

(4) first-time preparation and presentation of a professional counseling course, seminar, or workshop; the board will accept up to a maximum of 10 contact hours allocated among all professional counselors involved in the preparation and presentation;

(5) first-time preparation or publication of an article or book chapter related to the practice of professional counseling that was presented at a state or national association meeting or published by a publisher accepted by the board as recognized by the profession; the board will accept up to a maximum of 10 contact hours allocated among all professional counselors involved in the preparation or publication;

(6) completion of a correspondence, video tape, audio cassette, or other individual study program; a program under this paragraph is acceptable only if

(A) the program requires registration and provides evidence of successful completion; or

(B) the licensee submits a signed statement from an approved counselor supervisor who supervised the study program verifying that the licensee has successfully completed the program;

(7) up to 15 contact hours of continuing education in other courses, seminars, workshops, and in service training not covered under (1) - (6) of this subsection that are not specifically preapproved by the board, but meet the standards contained in (a) of this section.

History

Authority: AS 08.29.020; AS 08.29.140
Eff. 10/30/99, Register 152; am 1/28/2005, Register 173; am 12/29/2006, Register 180; am 5/18/2014, Register 210; am 6/30/2024, Register 250

12 AAC 62.330 Audit of continuing education

(a) After each biennial renewal period the board will, in its discretion, audit renewal applications to monitor compliance with the continuing education requirements of this chapter.

(b) A licensee selected for audit must, within 30 days from the date of receipt of notification, submit verification of completion of the continuing education contact hours required under 12 AAC 62.310.

(c) A licensee must maintain adequate detailed records of all continuing education contact hours claimed, and must submit the records to the board upon request. The licensee must retain the records for at least three years after the date the continuing education contact hours were earned and included on the statement submitted under 12 AAC 62.300.

History

Authority: AS 08.29.020; AS 08.29.140
Eff. 10/30/99, Register 152

12 AAC 62.340 License reinstatement

The board will reinstate a license that has been lapsed less than five years if the applicant submits proof of completion of all continuing education contact hours that would have been required to keep the applicant's license current, and the applicant meets all other requirements under AS 08.29 and this chapter for license renewal.

History

Authority: AS 08.01.100; AS 08.29.020; AS 08.29.140
Eff. 10/30/99, Register 152

12 AAC 62.350 Failure to meet continuing education requirements

(a) A licensee may request a waiver of the continuing education requirements of 12 AAC 62.310 by submitting a written request to the board that describes the reasons for the request and includes supporting documentation satisfactory to the board. If the board finds good cause, the board will grant an exemption to the licensee under this subsection. If the board grants the exemption, the board may require an alternative method of demonstrating continued competence.

(b) In this section, "good cause" includes

(1) physical disability;

(2) serious illness;

(3) a family emergency;

(4) engagement in active duty military service in the armed forces of the United States; and

(5) other extenuating circumstances, as found by the board.

(c) In this section, "engagement in active duty military service" means military personnel serving in an active capacity, including

(1) active duty personnel in the Unites States Army, Navy, Air Force, Marine Corps, or Coast Guard;

History

Authority: AS 08.29.020; AS 08.29.140
Eff. 10/16/2012, Register 204

Article 4 Distance Professional Services

12 AAC 62.400 Distance professional services

(a) The National Board for Certified Counselors (NBCC) Policy Regarding the Provision of Distance Professional Services (approved February 6, 2016), is adopted by reference for distance professional services provided by licensees to the extent it does not conflict with 12 AAC 62.

(b) Before providing distance professional services, an individual must

(1) be either licensed in good standing or working as a supervisee under a board-approved supervisor as set out in AS 08.29;

(2) have completed a minimum of six continuing education hours from a board-approved continuing education provider under 12 AAC 62.320(b)(2) pertaining to distance professional services; and

(3) determine that the client is intellectually, emotionally, and physically capable of using distance professional services, and that the delivery method for providing distance professional services is appropriate for the client's needs.

(d) Except as provided in (h) of this section, an individual located in this state must be licensed under AS 08.29 before providing distance professional counseling service, regardless of the location of the client receiving the service.

(e) Before providing distance professional services, a licensee or supervisee must develop a safety plan with the client to identify local resources in the client's community should emergency care become necessary. The plan must identify an individual the client trusts who is available during distance professional services and include that individual's contact information.

(f) At the beginning of every distance professional services session, the licensee or supervisee must verify and document the client's identity in the progress note.

(g) When distance professional services are deemed inappropriate by the licensee, supervisee, or client, the licensee or supervisee must refer the client to a local health-care provider for in-person services. If the client refuses a referral to a local health-care provider for in-person services, the licensee or supervisee must document the rationale for continuing to provide distance professional services.

(h) An applicant working under a board-approved supervisor as set out in 12 AAC 62.200 must meet with the supervisor synchronously at least once every two weeks.

History

Authority: AS 08.29.020; AS 08.29.400 AS 08.29.110; AS 08.29.490
Eff. 11/10/2019, Register 232; am 5/26/2020, Register 234; am 9/20/2020, Register 235; am 2/2/2024, Register 249

12 AAC 62.410 Safety and confidentiality of communications

(a) A licensee must comply with the requirements of 45 C.F.R. Parts 160 and 164 regarding privacy, security, and breach for purposes of P.L. 104-191 (Health Insurance Portability and Accountability Act of 1996) for communication, including electronic communications and online scheduling. A licensee must notify the client if a communication is not confidential and limit electronic transmissions to general communications that are not client specific. A licensee must notify the client if online scheduling software is not encrypted and therefore may not be confidential.

(b) A licensee must discourage a client from texting personal information. A text message is considered a part of the client's record and must be kept in the client's file.

(c) A licensee must endeavor to protect clients from unwanted interruptions during distance professional services sessions.

History

Authority: AS 08.29.020; AS 08.29.200; AS 08.29.490
Eff. 11/10/2019, Register 232

12 AAC 62.420 Informed consent

To provide distance professional services as the practice of professional counseling defined under AS 08.29.490, a licensee shall ensure informed consent from a client. The informed consent must:

(1) inform the client of who might have authorized or unauthorized access to electronic transmissions;

(2) identify pertinent legal rights and limitations governing the licensee's practice over state lines or international boundaries;

(3) inform clients if and for how long records are archived and maintained;

(4) inform the client of emergency procedures, such as calling 911 or a local crisis hotline when the licensee is not available;

(5) inform the client of the limits of confidentiality under AS 08.29.200;

(6) identify, as applicable time zone differences, local customs, and cultural or language differences that might impact services delivery;

(7) inform the client when distance professional services are not covered by insurance; and

(8) fully disclose the licensee's licensing, credentials, and areas of expertise.

History

Authority: AS 08.29.020; AS 08.29.400 AS 08.29.200; AS 08.29.490
Eff. 11/10/2019, Register 232

Article 5 General Provisions

12 AAC 62.900 Code of Ethics

(a) The American Mental Health Counselors Association's AMHCA Code of Ethics, revised as of 2015, 2020, is adopted by reference as the code of ethics for professional counselors in the state. A professional counselor licensed in the state must adhere to the code of ethics.

(b) When using or administering assessment instruments described in AS 08.29.490(1)(C), a professional counselor shall comply with Section D: Assessment and Diagnosis of the AMHCA Code of Ethics adopted by reference in (a) of this section.

History

Authority: AS 08.29.020
Eff. 10/30/99, Register 152; am 7/12/2008, Register 187; am 9/20/2015, Register 215; am 2/20/2022, Register 241

12 AAC 62.930 Written notice with disclosure statement

In addition to the professional disclosure statement required by AS 08.29.220, a licensee must provide written notice to the client that

(1) the treatment program may be discussed with other professionals and, if that occurs, the client's confidentiality will be maintained; and

(2) the name and identity of the client will be disclosed only in compliance with AS 08.29.200.

History

Authority: AS 08.29.020; AS 08.29.200; AS 08.29.220
Eff. 10/30/99, Register 152

12 AAC 62.960 Board member absences

(b) Before the close of each regularly scheduled board meeting from which a member has been absent, the board will determine on the record whether the member's absence from that meeting was excused or unexcused. An absence will be excused if it was approved by the chairperson of the board before the meeting began or was due to an emergency.

History

Authority: AS 08.01.020; AS 08.01.035; AS 08.29.020
Eff. 6/22/2008, Register 186

12 AAC 62.990 Definitions

(a) In AS 08.29,

(1) "direct counseling" means professional counseling provided face-to-face with individuals, couples, families, or groups;

(2) "incompetent" means lacking sufficient knowledge, skills, or professional judgement in counseling, to a degree likely to endanger the mental health or well being of a client.

(b) In AS 08.29 and sec. 6, ch. 75, SLA 1998, as amended by sec. 7, ch. 49, SLA 1999, "related field" or "related professional field" includes psychology, marital and family therapy, social work, and applied behavioral science.

(1) "approved counselor supervisor" means a person certified under 12 AAC 62.200;

(2) "board" means the Board of Professional Counselors;

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

(4) "professional counselor" means a person who is in the practice of professional counseling as defined in AS 08.29.490(1).

(5) "distance professional services" means the use of audio, visual, or data communications by a licensee under this chapter to provide professional counseling services to a client when physically separated from the client.

(6) "synchronous," with regard to a course, seminar, or workshop, means instruction between an instructor and an attendee that occurs in real-time, either in person or through the Internet.

History

Authority: AS 08.29.020
Eff. 10/30/99, Register 152; am 1/28/2005, Register 173; am 11/10/2019, Register 232; am 2/20/2022, Register 241; am 6/30/2024, Register 250

Chapter 64 Real Estate Commission

Article 1 Examinations

12 AAC 64.010 Examination

(a) A person may apply for the real estate salesperson or broker examination with the commission-approved testing service.

(b) Deadlines for registration for the examination are set by the commission-approved testing service.

(d) An applicant for licensure shall pass an examination, approved by the commission, before applying for a license as a real estate broker, associate real estate broker, or real estate salesperson. The examination consists of a general part and a state part. An applicant must sit for both parts of the examination during the same examination session.

History

Authority: AS 08.88.051; AS 08.88.081; AS 08.88.191 AS 08.88.071; AS 08.88.171
Eff. 8/6/67, Register 24; am 8/9/72, Register 43; am 8/22/79, Register 71; am 12/6/81, Register 80; am 7/16/94, Register 131; am 10/27/99, Register 152; am 4/24/2009, Register 190; am 9/9/2021, Register 239

12 AAC 64.020 Time and places

(a) Repealed 8/22/79.

(b) Repealed 7/1/89.

12 AAC 64.030 Method of conducting

Repealed 8/9/72.

12 AAC 64.040 Admission to examination

(a) Before the scheduled examination date, an applicant who has registered to sit for the examination will be sent a confirmation notice or receive a confirmation number by electronic mail from the testing service that specifies the time and place of the examination.

(b) An applicant who has not registered for the examination by the deadline described in 12 AAC 64.010(b) may not be admitted to the examination at the sole discretion of the testing service.

History

Authority: AS 08.88.081; AS 08.88.111; AS 08.88.191
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 7/1/89, Register 110; am 10/8/90, Register 116; am 10/27/99, Register 152; am 9/9/2021, Register 239

12 AAC 64.050 Rescoring

Repealed.

History

Eff. 8/6/67, Register 24; am 1/13/73, Register 44; am 8/22/79, Register 71; am 12/6/81, Register 80; am 7/1/89, Register 110; am 10/27/99, Register 152; repealed 4/24/2009, Register 190

Article 2 Licensing

12 AAC 64.059 Review of license applications

(a) An applicant who meets the requirements on the relevant checklist set out in this section has demonstrated the necessary qualifications for the license applied for. An applicant who does not meet the requirements on that checklist or whose responses on the form for application do not clearly show that the applicant is qualified to receive a license will not be issued a license unless the commission further reviews the application and determines that the applicant meets the qualifications in AS 08.88 and this chapter for that license.

(b) The following checklist is established by the commission for review of an application for a salesperson license; a salesperson license will be issued to an applicant who

(1) submits a completed form for application under this chapter, including

(A) the applicant's name, mailing address, and telephone number;

(B) the applicant's date of birth that shows the applicant is at least 19 years old;

(C) the applicant's employing broker's name, current and active license number, business name, telephone number, mailing address, and signature;

(D) "no" answers to all questions on the form dealing with felony indictments or convictions and license actions; and

(E) the applicant's signature certifying that the information on the form is true and correct to the best of the applicant's knowledge;

(2) has passed the examination for real estate salespersons;

(3) files the completed form for application with the division within six months of passing the examination for real estate salespersons as calculated under 12 AAC 64.060(e);

(4) submits a prelicensing education certificate or a transcript from a college or university registrar verifying 40 hours of prelicensing education approved by the commission;

(5) pays the application and initial license fees established in 12 AAC 02.360; and

(6) pays the recovery fund fee established in 12 AAC 64.073.

(c) The following checklist is established by the commission for reviewing an application for a salesperson license by endorsement; a salesperson license by endorsement will be issued to an applicant who

(1) meets the requirements in (b)(1), (b)(5), and (b)(6) of this section;

(2) has passed the state law portion of the examination for real estate salespersons;

(3) files the completed form for application with the division within six months of passing the state law portion of the examination for real estate salespersons as calculated under 12 AAC 64.060(e);

(4) provides a license history from the licensing authorities in all other states in which the applicant holds a real estate license that shows the applicant meets the requirements in 12 AAC 64.061(c) for a valid and active license;

(5) submits documentation that the applicant met education requirements that covered the topics and hours listed in 12 AAC 64.063(c)(1) - (c)(6) and (c)(8) to obtain a license in another jurisdiction; and

(6) submits evidence of completing six contact hours of course work on Alaska real estate license law as required in 12 AAC 64.063(c)(7).

(d) The following checklist is established by the commission for reviewing an application for an associate broker license; an associate broker license will be issued to an applicant who

(1) submits a completed form for application, including

(A) the applicant's name, mailing address, and telephone number;

(B) the applicant's date of birth that shows the applicant is at least 22 years of age;

(C) the applicant's employing broker's name, current and active license number, business name, telephone number, mailing address, and signature;

(D) "no" answers to all questions on the form dealing with felony indictments or convictions and license actions; and

(E) the applicant's signature certifying that the information on the form is true and correct to the best of the applicant's knowledge;

(2) has passed the examination for real estate brokers;

(3) files the completed application with the division within six months of passing the real estate broker examination as calculated under 12 AAC 64.060(e);

(4) submits a broker training education certificate or a transcript from a college or university registrar verifying 30 hours of broker training education approved by the commission;

(5) submits a statement, signed by the brokers who employed the applicant, verifying that the applicant has at least 36 months of active and continuous experience as a real estate licensee within the 60 months before the date of application for an associate broker license; and

(6) pays the transfer of license fee established in 12 AAC 02.360.

(e) The following checklist is established by the commission for review of an application for a broker license; a broker license will be issued to an applicant who

(1) meets the requirements of (d)(1) - (d)(5) of this section or is currently licensed in the state as an associate broker;

(2) submits a completed office registration form that includes the information required in 12 AAC 64.110(e); and

(3) pays the office registration fee and transfer of license fee established in 12 AAC 02.360.

(f) The following checklist is established by the commission for review of an application for an associate broker license by endorsement. An associate broker license by endorsement will be issued to an applicant who

(1) meets the requirements in (d)(1) of this section;

(2) has passed the state law portion of the examination for real estate brokers;

(3) files the completed form for application with the division within six months of passing the state law portion of the examination for real estate brokers as calculated under 12 AAC 64.060(e);

(5) submits documentation that the applicant met education requirements that covered the topics and hours listed in 12 AAC 64.063(b) to obtain a broker or associate broker license in another jurisdiction;

(6) submits documentation that the applicant has completed six contact hours of course work on Alaska real estate license law and Alaska landlord tenant law as required in 12 AAC 64.063(c);

(7) pays the application and initial license fees established in 12 AAC 02.360; and

(8) pays the recovery fund fee established in 12 AAC 64.073.

(g) The following checklist is established by the commission for review of an application for a broker license by endorsement. A broker license by endorsement will be issued to an applicant who

(1) meets the requirements of (f) of this section;

(2) submits a completed office registration form that includes the information required in 12 AAC 64.110(e); and

(3) pays the office registration fee established in 12 AAC 02.360.

(h) Notwithstanding the requirements of (b) - (g) of this section, a license will not be issued to an applicant whose license history on the application form is incomplete or shows a license disciplinary action or investigation taken or pending. Applications showing a disciplinary action or investigation shall be referred to the commission for further review.

History

Authority: AS 08.88.071; AS 08.88.091; AS 08.88.263 AS 08.88.081; AS 08.88.171
Eff. 2/11/95, Register 133; am 6/2/95, Register 134; am 2/12/99, Register 149; am 9/6/2002, Register 163; am 3/27/2008, Register 185; am 6/22/2008, Register 186; am 5/31/2012, Register 202; am 12/13/2014, Register 212; am 2/21/2019, Register 229; am 8/30/2020, Register 235; am 9/9/2021, Register 239

12 AAC 64.060 Applications for licensure

(a) An applicant for licensure to practice as a real estate broker, associate broker, or salesperson shall submit, within six months after the individual has taken the examination required for licensure,

(1) a completed application on the form provided by the department, including all necessary attachments;

(2) the license fee established in 12 AAC 02.360;

(3) the recovery fund fee established in 12 AAC 64.073; and

(4) documentation that the applicant has satisfied the education requirements of AS 08.88.091 and 12 AAC 64.063.

(b) The applicant may be required to furnish information in addition to that set forth on the application if it is relevant to the applicant's qualifications to do business under this chapter. An applicant who has been required to submit additional information may not be issued a license until the required information is received and evaluated and the commission approves the application.

(c) If the commission determines that an applicant is not eligible for licensure, the applicant will be given a statement of issues in accordance with AS 44.62.370.

(d) The department will not process an application if the fees required in (a)(2) and (a)(3) of this section were paid by a check that is returned to the department by the banking institution due to insufficient funds. If the license is issued before the check is returned to the department, failure to pay the fees required in (a)(2) and (a)(3) of this section and the returned check fee required in 12 AAC 02.105 within three months of the applicant's receipt of the department's first notice of the returned check is grounds for revocation of the license.

(e) In this section and in AS 08.88.171, "within six months after the individual has taken the examination" means within the period that begins on the date the applicant passed the examination and ends on the same calendar day of the month that is six months after that examination date.

(f) Repealed 9/9/2021.

(g) Repealed 9/9/2021.

(h) An applicant applying for licensure by examination shall submit a complete license history, including any disciplinary action or investigation taken or pending, directly to the department from all jurisdictions or other licensing states where the applicant holds or has ever held a real estate license.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.191
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 12/6/81, Register 80; am 10/8/90, Register 116; am 7/16/94, Register 131; am 9/15/94, Register 131; am 2/11/95, Register 133; am 2/12/99, Register 149; am 9/6/2002, Register 163; am 5/31/2012, Register 202; am 9/9/2021, Register 239; am 5/24/2023, Register 246

12 AAC 64.061 License by endorsement

(a) A license which has lapsed, been suspended, been surrendered by a licensee for disciplinary reasons, or a license which has been limited in any way for disciplinary reasons is not considered valid and active for purposes of licensure by endorsement.

(b) A licensee who requests licensure by endorsement must submit a complete license history directly to the commission from the other licensing authorities.

(c) For purposes of licensure by endorsement, a valid and active license is a real estate license that is issued by another state and is equivalent to a license issued by this state. For the license to be considered active, the applicant for a license in this state must have met standards of activity and license status in the other state that are equivalent to the standards in this state for active licensure as provided in 12 AAC 64.080, 12 AAC 64.110, and AS 08.88.171. The applicant must have worked as a real estate licensee as a principal occupation. Within the six months immediately preceding application under AS 08.88, an applicant applying for a

(1) broker license or associate broker license must submit an affidavit that states that the applicant has, within those six months

(A) owned a real estate business;

(B) been employed as a broker by a corporation or partnership; or

(i) determine that the applicant must provide additional information regarding the applicant's active status by furnishing a report of listings and sales, or of property management activity, accomplished by the applicant during three or more years within the last five years of licensure immediately preceding application in order to verify that the applicant meets the requirements of this subparagraph; the report may be provided by electronic mail or regular United States mail and must be certified as correct by the broker with whom the applicant has been associated; if due to conditions outside of the control of the applicant, a broker is not reasonably available to certify the report, an applicant may request and receive approval from the commission for an alternative manner to provide verification that the report is correct;

(ii) require additional investigation and inquiry relating to the applicant's qualifications under this subparagraph;

(2) salesperson license must submit an affidavit that states that the applicant has, within those six months, been employed by or affiliated with a broker as a salesperson; the commission may require the applicant to submit listings, sales records, or proof of other licensed activities to verify that the applicant meets the requirements of this subsection.

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.263
Eff. 12/6/81, Register 80; am 9/29/83, Register 88; 7/16/94, Register 131; am 2/12/99, Register 149; am 2/5/2010, Register 193; am 9/9/2021, Register 239; am 5/24/2023, Register 246

12 AAC 64.062 Current address

Renumbered as 12 AAC 64.920.

12 AAC 64.063 Minimum education requirements for licensure

(a) All real estate education courses used to qualify for initial licensure must

(1) meet the requirements of 12 AAC 64.400 - 12 AAC 64.470 and this section; and

(2) have been completed within the 18 months immediately preceding the date of application, except that the real estate education courses used to qualify for initial licensure by endorsement must have been completed within the 24 months immediately preceding the date of application.

(b) To meet the real estate education requirements for licensure under AS 08.88.171(a) or (b), an applicant for a broker or associate broker license must document completion of the following contact hours of education in the following topics:

(1) broker supervision requirements and record keeping - four contact hours;

(2) trust accounting procedures - three contact hours;

(3) organizing and managing a real estate office - three contact hours;

(4) property management - two contact hours; and

(5) broker-level education to understand the applicability of the following areas covered previously in the applicant's initial education course to receive a real estate salesperson license:

(A) licensee relationships, disclosure, and conflict of interest - three contact hours;

(B) forms of ownership - two contact hours;

(D) forms of conveyances and recording of documents - two contact hours;

(E) contracts and transaction documents - two contact hours;

(F) financing instruments and accounting principles - two contact hours;

(G) Alaska real estate license law and Alaska landlord tenant law - three contact hours; and

(H) federal fair housing and Real Estate Settlement Procedures Act (RESPA) laws - two contact hours.

(c) To meet the real estate education requirements for licensure under AS 08.88.171(c), an applicant for an initial real estate license shall document completion of the following topics and hours:

(1) licensee relationships, disclosure, and conflict of interest - six contact hours;

(2) forms of ownership - four contact hours;

(3) property law, public and private rights and limitations - four contact hours;

(4) forms of conveyances and recording of documents - four contact hours;

(5) contracts and transaction documents - eight contact hours;

(6) financing instruments and accounting principles - six contact hours;

(7) Alaska real estate license law and Alaska landlord tenant law - six contact hours; and

(8) federal fair housing and RESPA laws - two contact hours.

(d) To document the real estate education received, an applicant shall list on the application form the following information:

(1) course title and commission course approval number, if applicable;

(2) course sponsor;

(3) number of contact hours; and

(4) instructor of the course.

(e) An associate broker who has met the education requirements in (b) of this section does not need to repeat those requirements when upgrading to a broker license.

(f) A licensee is responsible for maintaining adequate and detailed records, including course certificates or transcripts, showing completion of education courses claimed, and shall make the records available to the commission upon request. Records must be retained for three years after the date a course was taken.

(g) For the purposes of this section and AS 08.88.091,

(1) one contact hour equals a minimum of 50 minutes of instruction;

(2) one academic semester credit hour equals 15 contact hours;

(3) one academic quarter credit hour equals 10 contact hours.

(h) Notwithstanding (a)(2) of this section, if, during a disaster, the real estate salesperson or broker examination is not administered, an applicant who has completed the real estate education courses required in (b) or (c) of this section may submit the courses as part of a completed application under 12 AAC 64.060(a) up to 60 days after testing has resumed.

History

Authority: AS 08.88.081; AS 08.88.091; AS 08.88.171
Eff. 10/8/90, Register 116; am 3/6/91, Register 117; am 2/12/99, Register 149; am 8/31/2006, Register 179; am 3/27/2008, Register 185; am 3/1/2017, Register 221; am 4/21/2020, Register 234

12 AAC 64.064 Education requirements after initial license

(a) In addition to the education requirements of 12 AAC 64.063 for an initial license and the continuing education requirements under 12 AAC 64.500 for license renewal, within one year after the date that the commission issues an initial license to a real estate licensee under this chapter, the licensee shall complete 30 hours of education that meets the applicable requirements of (b) or (c) of this section.

(b) After initial licensure as a salesperson, to meet the real estate education requirements of AS 08.88.095 and this section, the salesperson must complete the following course modules:

(1) contracts and agreements: 10 contact hours covering

(A) purchase and sale agreements;

(B) addendum and amendments;

(D) contingencies;

(E) multiple offers;

(F) back up offers;

(G) differences between residential, land, and commercial transactions;

(H) personal service agreements;

(I) negotiation and counseling; and

(J) lease purchase options;

(2) property management: four contact hours covering

(A) landlord tenant act;

(B) rental, lease, and occupancy of residential and commercial properties;

(D) cooperatives;

(E) personal service agreements, management agreements, and lease listing agreements;

(F) security deposit statements;

(G) trust accounting and statute requirements; and

(H) notices and evictions;

(3) licensee law: six contact hours covering

(A) consumer pamphlet and waiver;

(B) ethics;

(D) confidentiality;

(E) conflict of interest; and

(F) statutes and regulations;

(4) paperwork and risk management: six contact hours covering

(A) mandatory and area specific property disclosure;

(B) environmental issues;

(D) covenants, conditions, and restrictions;

(E) title reports;

(F) resale certificates and public offering statements;

(G) home inspections and repair negotiations;

(H) surveys and easements;

(I) record keeping and documentation; and

(J) client and personal safety;

(5) evaluation and pricing: two contact hours covering

(A) competitive market analysis and appraisals;

(B) showing property;

(D) property research;

(6) financing to closing: two contact hours covering

(A) the importance and differences of pre-approval letters and pre-qualifications, good faith estimates, and loan types, including Internet lending programs;

(B) review of settlement statements, security deposit transfers, rent prorations, seller net proceeds, and variations in loan costs;

(D) good funds law; and

(E) predatory lending practices.

(c) Except for a person issued an initial license as a real estate broker as described in AS 08.88.095(f) after initial licensure as a broker or associate broker, to meet the real estate education requirements of AS 08.88.095 and this section, the broker or associate broker must complete the following course modules:

(1) recovery fund, trust account, and general accounts: seven contact hours covering

(A) recovery fund issues, including case studies on misrepresentation, conversion of trust fund, fraud, and deceit;

(B) trust accounts, different types of accounts, and how to set up and manage trust accounts;

(D) the importance of good record keeping;

(2) practical office management: eight contact hours covering

(A) setting up an office, including types of ownership, office procedures, checklists, general office policy, file review and management, compliance with state law requirements, and licensee relationships manual; and

(B) the importance of regulation and statute changes, fair housing and diversity issues, employment contracts with licensees, how to handle complaints, risk management and legal liability, and errors and omissions insurance;

(3) practical supervision: eight contact hours covering

(A) broker responsibilities;

(B) state requirements;

(D) communication;

(E) transaction management;

(F) final file review;

(G) licensee safety;

(H) checklists;

(I) disclosures, including property, licensee relationship, consumer pamphlet and waiver, and buying or selling the licensee's own property; and

(J) strategic alliance and business relationships in compliance with the law;

(4) risk management: seven contact hours covering

(A) basic office procedures for risk management; and

(B) supervision failure, complaints, licensee relationships, confidentiality issues, and conflict of interest.

(d) Within 30 days after the end of the one-year period specified in (a) of this section, a real estate licensee must submit

(1) certification, on a form provided by the department, that the licensee has completed the applicable educational requirements of (b) or (c) of this section; and

(2) the post-license education certification and new license document fee established in 12 AAC 02.360.

(e) A licensee who uses a course to meet the education requirements of this section may not use the same course hours to meet the continuing education requirements of 12 AAC 64.500. However, an applicant for renewal of a real estate license who is not subject to the requirements of this section may receive continuing education credit for completion of a course listed under this section.

(f) For the purposes of AS 08.88.095 and this section,

(1) one contact hour equals a minimum of 50 minutes of instruction;

(2) one academic semester credit hour equals 15 contact hours;

(3) one academic quarter credit hour equals 10 contact hours.

(g) A licensed salesperson issued an initial license as a broker or associate broker who fails to meet the educational requirements under (a) of this section, shall upon application and payment of the required fees, be reissued a salesperson's license provided that the licensee continues to be eligible for a salesperson's license.

History

Authority: AS 08.88.071; AS 08.88.091 AS 08.88.081; AS 08.88.095
Eff. 1/1/2006, Register 176; am 3/27/2008, Register 185; am 5/31/2012, Register 202; am 12/13/2014, Register 212; am 3/1/2017, Register 221

12 AAC 64.065 License required for employees, directors, agents, and officers

(a) Repealed 2/11/95.

(b) A broker acting on behalf of a business, corporation, or organization shall be authorized to act by a resolution of the policy making body of that business, corporation, or organization. The resolution must be a permanent part of the records of that business, corporation, or organization and must show that the broker has exclusive authority over and responsibility for

(1) employing and terminating the employment of licensees;

(2) maintaining and examining all trust accounts for real estate transactions;

(3) authorizing payment of all commissions, salaries, finder's fees, or other compensation for activities for which a license is required and indicating on the payment record the specific reason for the payment;

(4) maintaining the records of all real estate transactions and assuring their accessibility to the department; and

(5) directing and supervising all real estate business activities for which a license is required and all activities necessary for full compliance with AS 08.88 and this chapter.

(c) When a broker who is authorized to act on behalf of a business, corporation, or organization loses an active broker license for any reason, the business, corporation, or organization shall stop engaging in real estate transactions until the broker's license is renewed or reinstated, or until a new broker is employed.

History

Authority: AS 08.88.071; AS 08.88.161 AS 08.88.081; AS 08.88.900
Eff. 8/22/79, Register 71; am 7/1/89, Register 110; am 7/16/94, Register 131; am 2/11/95, Register 133

12 AAC 64.066 Temporary military courtesy license

(a) The commission will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a real estate broker, associate broker, or salesperson who meets the requirements of AS 08.01.063 and this section not later than 30 days after the commission receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit a completed application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is actively licensed in another licensing jurisdiction and the applicant's license in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements; and

(5) may not have been convicted of a crime that affects the applicant's ability to practice real estate competently and safely, as determined by the commission.

(c) A temporary military courtesy license issued under this section is valid for 180 days and may be extended for one additional 180-day period upon request by the applicant, at the discretion of the commission.

(d) While practicing under a temporary military courtesy license issued under this section, the holder of the temporary military courtesy license shall comply with the standards of practice set out in AS 08.88 and this chapter, and is subject to discipline under AS 08.88.071.

(e) The commission may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.88.171 and 12 AAC 64.130.

History

Authority: AS 08.01.062; AS 08.88.071; AS 08.88.171 AS 08.01.063; AS 08.88.081
Eff. 9/11/2022, Register 243; am 9/16/2022, Register 243

12 AAC 64.068 Legal entities

A real estate broker licensed under this chapter may do business as a legal entity when organized under the law of this state.

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.161
Eff. 7/1/89, Register 110; am 7/16/94, Register 131; am 2/5/2010, Register 193

12 AAC 64.070 License biennium

Repealed 7/1/89.

12 AAC 64.071 License renewal

(a) Except as provided in (g) of this section, all licenses lapse January 31 of every even-numbered year unless renewed under this section and in accordance with AS 08.88.091, 08.88.171, and 08.88.251. A renewal reminder notice will be provided by the commission, either by electronic mail or regular United States mail, to each licensee with a current expiration date at least 60 days before the renewal date.

(b) An applicant for renewal of an active license shall submit to the department, by the date the license lapses,

(1) a completed renewal application on the form provided by the department;

(2) the license renewal fee established in 12 AAC 02.360;

(3) the recovery fund fee established in 12 AAC 64.073; and

(4) certification that the applicant has satisfied the continuing education requirements of AS 08.88.091(d) and 12 AAC 64.500.

(c) An applicant for renewal of an inactive license shall submit to the department, on or before the date the license lapses,

(1) a completed renewal application on the form provided by the department;

(2) the license renewal fee established in 12 AAC 02.360; and

(3) certification that the applicant has satisfied the continuing education requirements of AS 08.88.091(d) and 12 AAC 64.500.

(d) A license lapses if an application for renewal either has not been received by the department or is not complete by the date the license is to lapse.

(e) A lapsed license will be reinstated only as an active license according to the provisions of this section.

(f) A licensee may be inactive for an entire licensing period and reactivate without paying the recovery fund fee established in 12 AAC 64.073 if the licensee's inactive license dates coincide exactly with the dates of a biennial licensing period.

(g) Except for an initially-issued license that has lapsed under (a) of this section, an initially-issued license lapses 395 days after issuance unless the real estate licensee meets the requirements of 12 AAC 64.064.

History

Authority: AS 08.88.081; AS 08.88.095; AS 08.88.251 AS 08.88.091; AS 08.88.171
Eff. 2/6/81, Register 80; am 9/29/83, Register 88; am 7/1/89, Register 110; am 10/8/90, Register 116; am 3/6/91, Register 117; am 7/16/94, Register 131; am 11/1/2003, Register 168; am 1/1/2006, Register 176; am 5/31/2012, Register 202; am 1/9/2014, Register 209; am 9/9/2021, Register 239

12 AAC 64.073 Recovery fund fee

In addition to the required license or renewal fee, an applicant for licensure or for renewal of a license issued under AS 08.88 shall submit with the application a fee for the recovery fund established under AS 08.88.455 in the amount of $50.

History

Authority: AS 08.88.081; AS 08.88.455
Eff. 1/25/85, Register 93; am 12/14/89, Register 112; am 11/9/97, Register 144; am 11/6/99, Register 152; am 6/26/2010, Register 194; am 12/7/2011, Register 200; am 12/29/2013, Register 208; am 11/28/2019, Register 232

12 AAC 64.075 Employment and transfer

(a) An individual may not be involved in activities requiring licensure under AS 08.88 until the individual's employing broker signs and delivers to the commission, either by electronic mail or regular United States mail, a notice of employment of the individual and the individual's completed broker notice to real estate commission of licensee termination form is delivered to the broker by the licensee or the commission.

(b) When a licensee requests a license transfer from one broker to another, the terminating broker must complete the broker notice to real estate commission of licensee termination form, provide a copy of the completed form to the licensee, and submit the completed form to the commission, either by electronic mail or regular United States mail, not later than five days from the date of the licensee's request for a license transfer. The licensee shall provide the new employing broker with a copy of the completed broker notice to real estate commission of licensee termination form and provide the commission with a completed application for license transfer and the fees established in 12 AAC 02.360. The commission will mail an amended license certificate directly to the new employing broker.

(c) After applying for a license transfer, the licensee may work in the office of the new employing broker for not more than 30 days while waiting for an amended license certificate. The new employing broker shall keep a copy of the licensee's signed application for license transfer and a copy of the completed broker notice to real estate commission of licensee termination form described in (b) of this section until the amended license certificate is received.

(d) The commission's designee shall review and approve a license transfer if the transfer

(1) allows a licensee to resume licensed practice under AS 08.88.171(a)(1), (a)(2), (b)(1), or (b)(2), or after being re-employed as a licensed real estate salesperson for purposes of AS 08.88.171(c); and

(2) does not require further review by the commission.

(e) Failure of the licensee to notify the commission of a transfer or status change within 15 days after the commission's receipt, either by electronic mail or regular United States mail, of notice from the licensee's terminating broker interrupts the licensee's period of active and continuous experience.

History

Authority: AS 08.88.081; AS 08.88.171; AS 08.88.251
Eff. 8/22/79, Register 71; am 12/6/81, Register 80; am 7/1/89, Register 110; am 7/16/94, Register 131; am 9/15/94, Register 131; am 9/6/2002, Register 163; am 6/22/2008, Register 186; am 9/9/2021, Register 239; am 5/24/2023, Register 246

12 AAC 64.077 Broker authorization of license applications

(a) Except as provided in (c) of this section, only the registered broker of an office may employ or terminate a licensed associate broker or salesperson.

(b) An applicant applying to work in a branch office shall submit to the commission the Employing Broker Information form of the application signed by the registered broker and the associate broker in charge of the branch office. This form may be signed digitally and may be submitted either by electronic mail or regular United States mail.

(c) When the registered broker of an office notifies the commission office in advance of an absence from the office, the broker or an associate broker designated by the registered broker to supervise transactions or licensees during the broker of record's absence may sign for the broker of record on a license application.

History

Authority: AS 08.88.081; AS 08.88.291 AS 08.88.171; AS 08.88.311
Eff. 7/16/94, Register 131; am 2/12/99, Register 149; am 9/9/2021, Register 239

12 AAC 64.078 Temporary absence of broker of record

(a) When a broker of record is temporarily absent from an office, the broker of record may supervise transactions, trust accounts, or licensees by computer, modem, facsimile, or telephone communications.

(b) When a broker of record is temporarily absent from an office and is unable to supervise transactions, trust accounts, or licensees

(1) in offices where an associate broker is available, the broker of record may designate an associate broker to supervise transactions, trust accounts, or licensees including creating and signing transaction documents during the broker of record's absence;

(2) in offices where an associate broker is not available, the broker of record may enter into a written contract with another broker to supervise transactions, trust accounts, or licensees including creating and signing transaction documents during the broker of record's absence; the broker temporarily substituting for the broker of record shall remain employed at that person's registered office.

(c) Under (b)(1) or (2) of this section, the broker of record shall notify the commission on a form approved by the commission, of the name of the associate broker or broker designated to supervise transactions, trust accounts, or licensees during the broker of record's absence. Both the broker of record and the designated associate broker or broker must sign this form.

History

Authority: AS 08.88.081; AS 08.88.331; AS 08.88.341
Eff. 12/7/2011, Register 200

12 AAC 64.080 Suspension and revocation of active licenses

(a) An active license is a license which has been issued by the commission for the purposes expressed in AS 08.88.161 and which has not lapsed nor been placed on inactive status, revoked, or suspended.

(b) Upon the suspension or revocation of a real estate broker's license, the license of each associate broker and real estate salesperson employed by that broker is automatically and simultaneously suspended. The commission will notify all licensees of the suspension or revocation of their employing broker's license after the order is served on the employing broker.

(c) Any lapse, suspension, revocation, or inactivation of a licensee's license which results from or occurs in connection with a violation of or noncompliance with any provision of the licensing statutes and regulations constitutes an interruption in the licensee's active and continuous experience.

History

Authority: AS 08.88.071; AS 08.88.081
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 12/6/81, Register 80; am 7/16/94, Register 131

12 AAC 64.085 Suspended or revoked out-of-state license

If an Alaskan licensee also holds an out-of-state broker's, associate broker's, or salesperson's license or certificate and it is revoked, suspended, or in any way restricted, the licensee shall inform the commission within five calendar days of receiving notification of this action.

History

Authority: AS 08.88.071; AS 08.88.081
Eff. 8/22/79, Register 71; am 12/6/81, Register 80; am 7/16/94, Register 131

12 AAC 64.090 Surrender of suspended or revoked licenses

(a) A suspended or revoked license and the pocket part of the license must be immediately surrendered by the employing broker to the commission. If the license and pocket part are not in the possession of a broker, they must be immediately surrendered to the commission by the licensee. A license and pocket part are considered surrendered when they have been placed in the United States mail, registered with postage prepaid, and properly addressed to the commission, or when they have been otherwise delivered to the commission.

(b) When a real estate broker surrenders the broker's license, the licenses of all licensees employed by the broker who are not subject to an order of suspension or revocation must be returned to the licensees; the broker shall execute and send to the commission a notice of termination for each of the licensees employed by the broker. Within 15 days of receipt of the returned license, licensees whose licenses are returned shall submit to the commission a properly executed notice of employment or a request for inactivation. Failure to follow the requirements of this section will result in automatic suspension of the employee's license and interruption in the licensee's active status beginning on the date of the broker's suspension or revocation and continuing until a properly executed employment notice or request for inactive status is received by the commission.

(c) When an associate real estate broker or real estate salesperson is discharged or released from a broker's employ for violating the provisions of AS 08.88 or this chapter, the broker shall notify the commission, in writing, of the release or discharge circumstances and reasons for the broker's action. Failure to immediately notify the commission constitutes ratification of the acts of the associate broker or salesperson by the broker.

(d) No refund of the license fee will be made by the commission when a license is surrendered.

(e) A licensee whose license has been suspended or revoked may not engage in any of the activities authorized by AS 08.88 until the license has been reissued.

History

Authority: AS 08.88.081; AS 08.88.161
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 12/6/81, Register 80; am 7/16/94, Register 131; am 2/12/99, Register 149

12 AAC 64.095 Real estate activities of unlicensed persons

(a) A real estate licensee may not employ an unlicensed person to perform activities for which a real estate license is required under AS 08.88 and this chapter. A real estate licensee may not employ an unlicensed person to perform any of the activities in AS 08.88.161, including one or more of the following:

(1) hosting an open house, kiosk, or home show booth;

(2) showing a property;

(3) explaining or interpreting a

(A) contract of purchase and sale; or

(B) listing contract or property management contract, or any other form of service agreement.

(b) A real estate licensee may employ an unlicensed person to perform administrative, bookkeeping, clerical, and maintenance tasks related to real estate for which a real estate license is not required under AS 08.88 and this chapter, including

(1) to answer the phone, take messages, and forward calls to the licensee;

(2) to schedule appointments for the licensee; activities allowed under this paragraph do not include telephonic solicitation or soliciting business on behalf of the licensee;

(3) to obtain public information from a courthouse, municipality, or other source of public information;

(4) to place or remove signs on property;

(5) to input data for listings and changes to a multiple listing service as approved by the licensee;

(6) to have keys made for property listed by the licensee;

(7) to unlock a property so that it may be viewed or shown by a licensee, remain during the viewing or showing, and relock the property;

(8) to draft advertising copy, promotional materials, and correspondence for approval by the licensee;

(9) to place advertising;

(10) to act as a courier;

(11) to fill in contract forms with business and factual information as directed by the licensee;

(12) to witness signatures;

(13) to assemble file documents;

(14) to follow up on a transaction after a contract has been signed by arranging access to property for an appraiser, contractor, inspector, or other service provider as needed;

(15) to record and deposit trust funds, including transaction deposits, security deposits, and rents;

(16) to compute commission checks;

(17) to monitor licenses and personnel files;

(18) to perform office filing;

(19) to order items needed for routine repair;

(20) to perform or supervise maintenance, repair, or building trades work, and answer questions about that work; and

(21) to provide security services.

History

Authority: AS 08.88.071; AS 08.88.161 AS 08.88.081; AS 08.88.900
Eff. 8/22/79, Register 71; 8/31/2006, Register 179

12 AAC 64.099 Application or reissuance application for licensure after revocation or suspension

(a) An applicant whose real estate license has been revoked or suspended in any state, province, or territory shall inform the commission of the circumstances of the revocation or suspension when applying for licensure. Failure to inform the commission of any prior revocation or suspension is grounds for denial or revocation of the license.

(b) A license will not be issued to a person who has had a license suspended or revoked until the commission has reviewed the application at a commission meeting. The commission will, in its discretion, conduct an investigation into the circumstances of the suspension or revocation and will determine whether or not an applicant whose license has been suspended or revoked may be licensed in Alaska.

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.211
Eff. 8/22/79, Register 71; am 2/12/99, Register 149

12 AAC 64.100 Reissuance of suspended license

A license which has been suspended and surrendered, together with its pocket part, will be reissued, without charge, for the unexpired balance of the license period when the conditions imposed in the suspension order have been met and the suspended licensee otherwise qualifies for licensure.

History

Authority: AS 08.88.071(3)AS 08.88.171; AS 44.33.020(1) AS 08.88.081; AS 08.88.181(a)
Eff. 8/6/67, Register 24; am 8/22/79, Register 71

Article 3 Place of Business

12 AAC 64.110 Requirements for establishing and maintaining an office

(a) A real estate broker holding an active license shall establish and maintain a principal office in this state. The office in which the broker works and maintains the broker's license is the principal office of the broker.

(b) A broker who maintains offices or branch offices other than the principal office or branch shall have an associate broker in charge of each branch office. If a broker has an associate broker in charge of an office, the broker is responsible for supervision of the associate broker. The operation of a branch office without licensed personnel or without an associate broker in charge is grounds for suspension or revocation of the broker's license.

(d) When a broker establishes a real estate office in a location not normally considered a business location, the commission may require the broker to submit evidence that the office is where the broker and the broker's employees transact business and receive business calls.

(e) A broker shall, before operating any office or branch office, register the office or branch office with the commission on a form provided by and approved by the commission. The information provided by the broker must include the

(1) broker's name and license number;

(2) business name under which the broker will operate and advertise as required by 12 AAC 64.112;

(3) mailing address of the business and all branch offices;

(4) physical location of the office and all branch offices;

(5) bank account numbers of all real estate trust accounts maintained by the broker;

(6) name and license number of all licensees employed by the broker at that office;

(7) name of the associate broker in charge of each branch office;

(8) telephone and facsimile number and, if available, an e-mail address of the office;

(9) type of business organization, such as a sole proprietorship, corporation, partnership, limited partnership, or limited liability company;

(10) all types of business activity practiced, such as sales, property management, community association management, and commercial sales.

(f) More than one licensed broker may operate an office at the same address; each broker shall maintain a clearly separate office identity.

(g) A real estate broker holding an active license shall

(1) maintain within this state one or more trust accounts and records of all real estate transactions conducted in this state as required by AS 08.88.351 and 12 AAC 64.220; and

(2) provide for acceptance of legal service at the business address registered with the commission.

History

Authority: AS 08.88.081; AS 08.88.311; AS 08.88.351 AS 08.88.291; AS 08.88.321
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 12/6/81, Register 80; am 7/16/94, Register 131; am 2/12/99, Register 149; am 4/24/2009, Register 190; am 3/1/2010, Register 193

12 AAC 64.111 Closing an office

(a) Before closing an office or branch office, a broker shall submit to the commission

(1) a completed form for closing an office as prescribed by the commission;

(2) a bank statement showing a zero balance in the trust accounts or appropriate trust funds documentation;

(3) the name, address, and phone number of the custodian of records and the location where the transaction record of brokerage for the last three years may be accessed; and

(4) a competed form for license transfer or change of status as required under AS 08.88.301 and 12 AAC 64.075.

(b) A broker shall maintain a trust account until the broker has distributed all the money due to be received to the proper person or entity or until the transaction, for which money is due to be received, is transferred to another brokerage.

History

Authority: AS 08.88.081; AS 08.88.301
Eff. 2/5/2010, Register 193; am 12/7/2011, Register 200

12 AAC 64.112 Registration of business name

(a) A broker shall register with the commission the name under which the broker will advertise and conduct business. A broker's business name registered with the commission is the name that will be entered into the commission's data base and appear on the roster of licensees published by the commission.

(b) If a broker's registered business name is different from the corporate identity of the business, the broker shall document the relationship of the registered brokerage to the corporation on a corporate affidavit submitted with the registration form required by 12 AAC 64.110(e).

(c) The business name that a broker registers with the commission must be separate and distinct from all other active brokers' registered business names.

(d) In order to register a business name that is protected through registration with the division assigned corporations functions in the Department of Commerce, Community, and Economic Development, a broker shall submit proof of legal ownership of the business name.

History

Authority: AS 08.88.081; AS 08.88.111; AS 08.88.311
Eff. 7/16/94, Register 131

12 AAC 64.115 Minimum requirements for maintaining an office

Repealed.

History

Eff. 7/16/94, Register 131; am 2/12/99, Register 149; am 6/22/2008, Register 186; repealed 4/24/2009, Register 190

12 AAC 64.117 Broker's written policy

A broker shall adopt a written policy manual that addresses guidelines and procedures

(1) to determine the designated licensee;

(2) that establish a policy for when the broker becomes a designated licensee;

(3) for neutral licensees;

(4) for a single real estate licensee representing one party in a transaction while providing specific assistance to an unrepresented party in the same transaction;

(5) for maintaining confidentiality within the office for all transactions; and

(6) for the supervision of teams, if applicable, to include a policy covering

(A) the usage of the consumer disclosure required under 12 AAC 64.118; and

(B) how consumers are represented within a team.

History

Authority: AS 08.88.071; AS 08.88.171; AS 08.88.685 AS 08.88.081; AS 08.88.600
Eff. 1/1/2005, Register 172; am 2/21/2019, Register 229

12 AAC 64.118 Consumer disclosure form

Before a real estate licensee provides specific assistance to a person, or when entering into a contract with the person to provide specific assistance, the real estate licensee shall provide the person with a copy of the commission's Alaska Real Estate Commission Consumer Disclosure, dated April 2024, and adopted by reference.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.685
Eff. 1/1/2005, Register 172; am 11/18/2006, Register 180; am 6/20/2015, Register 214; am 9/20/2024, Register 251

12 AAC 64.119 Waiver of right to be represented form

A written consent that a neutral licensee obtains under AS 08.88.610 must be provided on the commission's form entitled Alaska Real Estate Commission Waiver of Right to Be Represented, dated April 2024, and adopted by reference.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.610
Eff. 1/1/2005, Register 172; am 11/18/2006, Register 180; am 6/20/2015, Register 214; am 9/20/2024, Register 251

12 AAC 64.120 Branch offices

(a) Before establishing a branch office in addition to the principal office, a broker must register the branch office with the commission and provide the information required in 12 AAC 64.110(e) for the branch office.

(b) An associate real estate broker shall supervise only one office and it must be the associate broker's principal business office.

(c) Operating a branch office without licensed personnel or without an associate broker in charge is grounds for suspension or revocation of the broker's license.

History

Authority: AS 08.88.311; AS 44.33.020(1)
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 2/12/99, Register 149

12 AAC 64.125 Supervision

(a) Failure of a broker and associate broker in charge to adequately provide for the supervision of the activities of licensees for whom they are responsible is grounds for disciplinary action against the

(1) employing broker;

(2) associate broker designated by the broker to manage a branch office; and

(3) broker and associate broker in charge designated by the broker of record to supervise transactions or licensees during the broker of record's absence.

(b) Adequate supervision of a licensee by a broker and an associate broker in charge includes

(1) providing for the review of files for completeness and accuracy and ensuring all required real estate related documents are on file, including all applicable local, state, and federal forms before the recording of the transaction;

(2) communicating office policies to affiliated licensees; and

(3) supervision for compliance of brokerage policies, guidelines, and requirements that are specifically listed under AS 08.88.685(a)(l) - (5).

(d) Repealed 7/16/94.

(e) Computer, modem, electronic mail, telephone, or facsimile communications may be used to supervise licensees and to review and approve documents of licensees. All transaction records must be maintained in the real estate office where the supervised licensee is registered with the commission.

History

Authority: AS 08.88.071; AS 08.88.171; AS 08.88.685 AS 08.88.081; AS 08.88.331
Eff. 8/22/79, Register 71; am 7/16/94, Register 131; am 1/1/2005, Register 172; am 12/7/2011, Register 200; am 5/24/2023, Register 246

12 AAC 64.126 Supervision of licensees in remote areas

Repealed.

History

Eff. 7/16/94, Register 131; repealed 3/27/2008, Register 185

12 AAC 64.127 Office signs

(a) The physical address of the office of a licensed real estate broker must be clearly identifiable to the public from outside the office.

(b) A real estate broker shall prominently display a sign showing the name of the real estate business at the entrance to the real estate office.

History

Authority: AS 08.88.081; AS 08.88.381
Eff. 7/16/94, Register 131

12 AAC 64.128 Home offices

(a) A broker in charge of a principal office who permits an associate broker or a salesperson under the supervision of the broker to work out of a home office that is not a principal office or a branch office, must comply with supervision requirements of 12 AAC 64.125.

(b) An associate broker in charge of a branch office who permits another associate broker or a salesperson under the supervision of the associate broker to work out of a home office that is not a principal office or a branch office, must comply with supervision requirements of 12 AAC 64.125.

(c) An associate broker or salesperson working out of a home office that is not a principal office or a branch office may not

(1) give the appearance or impression that the home office is a principal office or a branch office;

(2) display a sign at the home office showing the name of the real estate business; or

(3) use the address of the home office in any form of advertising, business letterhead, or business cards for the real estate business; the address of the principal office or branch office from which the associate broker or salesperson conducts real estate business must be used in the advertising, business letterhead, or business cards for the real estate business.

History

Authority: AS 08.88.291; AS 08.88.311
Eff. 8/23/2009, Register 191

Article 4 Prohibited Conduct

12 AAC 64.130 Grounds for revocation or suspension

The following acts, in addition to those specified elsewhere in this chapter, are grounds for revocation or suspension of a license:

(1) acting or failing to act as specified in AS 08.88.071(a)(3);

(2) representing more than one party in a real estate transaction;

(3) failing to account for, remit, or surrender any money, documents, or other property of value coming into the possession or control of the licensee in the course of a real estate transaction or unreasonably delaying the accounting for or disbursal of money, documents, or other property held by or which is the responsibility of the broker for parties in a real estate transaction;

(4) failing to disclose information as required in 12 AAC 64.940;

(A) the listing contract;

(B) repealed 1/9/2014;

(5) being found guilty of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other similar offenses committed while licensed under this chapter; for the purpose of this paragraph, "being found guilty" means a guilty verdict by a judge or jury or pleading nolo contendere or guilty to any of these acts or having a hearing officer find that the licensee participated in these at a hearing held in accordance with AS 44.62 (Administrative Procedure Act);

(6) advertising a property for sale, lease, or rent without first obtaining the written authority of the owner or the owner's authorized agent to sell, lease, or rent the property;

(7) paying referral fees, sharing commissions, or otherwise compensating a person who is prohibited from receiving compensation under AS 08.88.401(b);

(8) advertising to buy, sell, rent, lease or exchange any real estate without including in the advertisement the broker's business name registered with the department; this paragraph applies to all real estate advertised to the public including that owned by the licensee;

(9) failing to disclose to all parties in a real estate transaction the fact that the licensee is licensed or failing to disclose the name of the broker or company under whom the licensee is licensed;

(10) employing or using a third-party purchaser, purchasing through corporations, partnerships, or other entities or working through friends, relatives, or business associates in a way that profits the licensee with the effect, in whole or in part, of concealing the profit and the name of the interested licensee;

(11) acting in violation of the provisions of AS 08.88;

(12) accepting as earnest money anything other than cash unless the offered non-cash substitute is communicated to the owner before accepting the offer to purchase, and the acceptance of the non-cash substitute is identified as a non-cash substitute on the earnest money receipt;

(13) failing to submit to the seller or the seller's licensee all written bona fide offers received before the seller accepts another offer in writing and the broker has knowledge of the acceptance;

(14) failing to disclose to a prospective buyer a known material defect regarding the condition of, or a known legal defect pertaining to, the offered real estate or interest in real estate;

(15) engaging in or committing any act which is grounds for denying a license;

(16) for a broker, permitting another person to use the broker's license, whether for compensation or not, to enable someone other than the broker to establish or carry on a business for which a real estate license is required;

(17) for a broker, allowing a salesperson to operate a real estate business without retaining control as the employing broker for the business;

(18) establishing or carrying on a real estate business without a broker's supervision as required by 12 AAC 64.125;

(19) being found guilty of violating local, state, or federal fair housing laws.

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.401
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 10/19/80, Register 76; am 12/6/81, Register 80; am 7/1/89, Register 110; am 7/16/94, Register 131; am 6/28/97, Register 142; am 5/28/98, Register 146; am 11/18/2006, Register 180; am 1/9/2014, Register 209; am 9/9/2021, Register 239

12 AAC 64.135 Inspections or audits of records and accounts

(a) The commission or the commission's designee may inspect a broker's transaction records; the inspection must be conducted between 8:00 a.m. and 5:00 p.m., Monday through Friday, unless otherwise agreed, and the broker must be given at least 72 hours' advance notice of the inspection. The broker shall make available to the commission or its designee all requested transaction records, including earnest money agreements, listing agreements, trust account records, disbursal records, broker or licensee communications regarding transactions, and closing statements for all principals to transactions.

(b) The commission will, in its discretion, and the commission's designee may, conduct complete audits of broker trust accounts, transaction records, and related accounts and records. The commission may direct that the audit be held with or without prior notice to the broker. In the case of a non-noticed audit, the auditor must present the request for access to the records during regular business hours. When a non-noticed audit would constitute a grave hardship on a broker or the broker's business, the broker may request a 24-hour delay. If granted, the records must be sealed or secured by and at the direction of the auditor for the duration of the delay; the seals must be broken only by the auditor.

History

Authority: AS 08.88.081; AS 08.88.351; AS 44.33.020
Eff. 8/22/79, Register 71; am 9/9/2021, Register 239

12 AAC 64.140 Employment of unlicensed personnel

(a) Grounds for revocation or suspension of licenses for employment of unlicensed personnel are as follows:

(1) retaining the services of any person as a real estate salesperson or an associate real estate broker who is not licensed under AS 08.88;

(2) accepting a commission or valuable consideration as a real estate salesperson for the performance of any of the acts specified in AS 08.88 or this chapter from any person except the real estate broker whose name appears on the salesperson's license.

(b) A licensee may not authorize an unlicensed assistant to perform any duties for which a license is required, including

(1) discussing a listing or property management agreement with an owner or with licensees;

(2) showing any property available for sale or rental;

(3) negotiating or discussing the terms of a sale or rental;

(4) having a prospective buyer or lessee sign an offer to purchase or lease;

(5) presenting an offer to a seller;

(6) making prospecting calls or visits; and

(7) reading prepared information in response to inquiries about properties.

History

Authority: AS 08.88.071; AS 08.88.161 AS 08.88.081; AS 08.88.401
Eff. 8/6/67, Register 24; am 7/16/94, Register 131

12 AAC 64.150 Failure to maintain a place of business

Repealed 8/22/79.

12 AAC 64.160 False or misleading statements

(a) Making any false or fraudulent representation or material misstatement on an application for a license, renewal, examination, or any additional material requested by the commission under 12 AAC 64.060(b) is grounds for revocation, suspension, or denial of a license.

(b) Making a false or misleading statement to the commission regarding an alleged violation of AS 08.88 or the regulations set forth in this chapter or the qualifications of the licensee is grounds for suspension, revocation, or denial of a license.

History

Authority: AS 08.88.081; AS 08.88.401
Eff. 8/6/67, Register 24; am 8/22/79, Register 71; am 7/16/94, Register 131

12 AAC 64.170 Investigation by commission

Repealed.

History

Eff. 8/6/67, Register 24; repealed 7/16/94, Register 131

12 AAC 64.175 Investigation of complaints or violations

(a) Licensees shall cooperate with the department and the commission during the investigation of complaints or alleged violations of licensing statutes or regulations. When a licensee is requested to respond to a complaint, the licensee shall do so within the time period specified; however, the specified response period must allow at least 10 days from the date of the receipt of the request.

(b) Repealed 7/1/89.

History

Authority: AS 08.88.037; AS 08.88.071; AS 08.88.081
Eff. 8/22/79, Register 71; am 7/1/89, Register 110

Article 5 Trust Accounts

12 AAC 64.180 Establishment of trust account

(a) Every real estate broker shall establish one or more trust accounts in a federally insured bank authorized to do business in this state, and the name of the account so established must include the words "trust account" or "trustee account."

(b) A real estate broker shall file with the commission the name of the account, the account number, and the name and branch of the bank that holds the account for all trust accounts maintained by the broker.

(c) The broker who establishes the account shall be trustee of the account and responsible for all signatories to that account.

(d) If maintenance expenses are charged against a trust account, the broker shall deposit a sum of money not exceeding $100 to the trust account for the purpose of paying the maintenance expenses of the account and shall make additional deposits when necessary, but not to exceed $100 on deposit.

(e) All trust accounts must be demand accounts only.

History

Authority: AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 12/6/81, Register 80; am 7/16/94, Register 131; am 2/12/99, Register 149; am 2/5/2010, Register 193; am 12/13/2014, Register 212

12 AAC 64.190 Trust funds exempt from attachment, other process

No provision may be made for a bank to withhold issue of funds from a trust account except upon a court order.

History

Authority: AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65

12 AAC 64.200 Deposit to trust account

All money deposited with the broker or person employed by or affiliated with the broker as trustee in real estate transactions must be deposited in or mailed to the appropriate trust account within five days following receipt unless factors such as geographical location, weather conditions, or transportation facilities make such depositing impossible or unreasonable.

History

Authority: AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 2/12/99, Register 149

12 AAC 64.210 Trust account interest

If a trust account bears interest, that fact and the rate of interest must be disclosed to the trustor. To avoid commingling funds, interest earned does not belong to the broker.

History

Authority: AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 7/16/94, Register 131

12 AAC 64.220 Record of trust account transactions

(a) A broker shall assign a transaction code and establish a transaction ledger for each written offer to purchase real estate. This ledger must include

(1) a transaction code;

(2) a legal description of the property;

(3) the name of the property owner;

(4) for all deposits, the

(A) date;

(B) name of the trustor; and

(5) for all funds paid from the account, the

(A) date;

(B) check number;

(D) purpose of the payment.

(b) For each property management contract, a broker shall assign a transaction code that is identified with a specific landlord or property. The broker shall track the funds received and disbursed for the landlord in an accompanying transaction ledger. The broker shall also track the funds of each tenant through a related but separate transaction code and transaction ledger. These transaction ledgers must include

(1) a transaction code;

(2) an identification of the property or unit within the property;

(3) the name of the property owner;

(4) for all deposits, the

(A) date;

(B) name of the person making the payment; and

(5) for all disbursements from the account, the

(A) date;

(B) check number;

(D) purpose of the payment.

(c) A broker shall establish a separate ledger to account for any funds deposited to a trust account to cover service charges in accordance with 12 AAC 64.180(d).

(d) A broker shall establish a ledger for every transaction, including those transactions for which the deposit is held in the trust account of a cooperating broker, title company, or another third party.

(e) A broker shall retain the following transaction and trust account records:

(1) transaction ledgers;

(2) records of deposit showing the date, transaction code, amount of the deposit, and trustor's name;

(3) all disbursement records, including voided checks written on the trust account, showing the date, payee, and transaction code;

(4) all cancelled checks, bank statements, and monthly reconciliations; and

(5) all transaction contracts and supporting documents.

(f) Trust accounts must be reconciled monthly by completing a

(1) reconciliation of the bank statement with the check register;

(2) reconciliation of the monthly deposits and expenditures with the independent transaction ledger for each transaction; and

(3) cross-check of the bank balance with the sum of the transaction ledgers.

History

Authority: AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 7/16/94, Register 131

12 AAC 64.230 Other trust funds

(a) For trust funds other than earnest money, rents, or security deposits, including mortgage payments or funds for repairs, records must be kept consistent with the requirements of 12 AAC 64.220.

(b) Repealed 7/16/94.

History

Authority: AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 7/16/94, Register 131

12 AAC 64.240 Broker's commission

(a) Each withdrawal of a broker's commission from a trust account must be separate and identified as to the specific transaction.

(b) A broker shall withdraw his or her commission from a trust account within 15 days after the date that the transaction has been closed or otherwise settled.

(c) A broker shall disburse from a trust account the fee earned for providing property management services. The disbursal must be made on a regular monthly basis after the collection of monthly receipts and disbursement of expenses for that management contract are completed.

(d) A broker licensed under AS 08.88 may pay a commission to a person who does not hold a license under AS 08.88, but is licensed to perform real estate activities in another licensing jurisdiction, for assistance to the broker licensed under AS 08.88 in the performance of an act for which a license is required under AS 08.88. The broker licensed under AS 08.88 must obtain, and retain for a period of three years,

(1) a request from the person licensed to perform real estate activities in another licensing jurisdiction for payment of the commission; and

(2) a copy of an active, current real estate license for the person requesting the commission from the jurisdiction where the person is licensed to perform real estate transactions.

(e) Subject to AS 08.88.401(b), a real estate broker licensed under this chapter may pay a fee or commission directly to an associate broker or real estate salesperson licensed in this state or associate broker or real estate salesperson doing business as a legal entity, organized and validly existing under the laws of this state, provided the ownership of the legal entity is an associate broker or salesperson employed by the broker.

History

Authority: AS 08.88.071; AS 08.88.331; AS 08.88.401 AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 7/16/94, Register 131; am 8/31/2006, Register 179; am 12/16/2015, Register 216

12 AAC 64.250 Prohibited trust account activity

A broker may not

(1) pay a salesperson's commission directly from the trust account;

(2) pay bills for the broker's business or personal obligations from the trust funds;

(3) use trust funds to pay the maintenance expenses of a trust account;

(4) commingle funds by depositing the broker's own funds in a trust account, except those described in 12 AAC 64.180(d);

(5) withdraw funds from a trust account without fully complying with the recordkeeping requirements of 12 AAC 64.220;

(6) refuse to provide an accounting to the principals of a transaction for funds being held in trust; or

(7) refuse to return a deposit to a prospective buyer whose offer was not accepted; the broker may delay the return of the deposit until one business day after the prospective buyer's check has cleared.

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 7/16/94, Register 131

12 AAC 64.260 Violation

Failure to comply with 12 AAC 64.180 - 12 AAC 64.271 or failure to turn over to the commission, upon the request of the commission, records that are required by this chapter is considered fraudulent and dishonest conduct within the meaning of AS 08.88.071(a)(3)(A)(iv).

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.351
Eff. 1/19/78, Register 65; am 7/16/94, Register 131

12 AAC 64.270 Holding trust property

Repealed.

History

Eff. 8/22/79, Register 71; am 10/19/80, Register 76; repealed 7/16/94, Register 131

12 AAC 64.271 Non-cash deposit

When a non-cash deposit is approved by the seller to bind an offer, control over the item deposited must be surrendered to the broker, and the broker shall inform the principal parties of the measures taken to safeguard it.

History

Authority: AS 08.88.081
Eff. 7/16/94, Register 131

Article 6 Recovery Fund Claims

12 AAC 64.280 Scope

The provisions of 12 AAC 64.280 - 12 AAC 64.325 govern the procedures relating to claims for reimbursement from the real estate recovery fund under AS 08.88.450 - 08.88.495.

History

Authority: AS 08.88.081
Eff. 4/10/83, Register 86; am 7/3/94, Register 130; am 5/31/2012, Register 202

12 AAC 64.285 Claims

Claims for payment from the real estate recovery fund must

(1) be submitted on a form provided by the commission;

(2) be for a loss suffered in a real estate transaction by the claimant as a result of fraud, intentional tort, deceit, the conversion of trust funds, or the conversion of community association accounts by an involved licensee;

(3) include all the information required by AS 08.88.460(a) and by the claim form itself;

(4) be accompanied by the documents required by AS 08.88.460(a)(3)(B) and (C); and

(5) be executed under penalty of unsworn falsification.

History

Authority: AS 08.88.081; AS 08.88.460
Eff. 4/10/83, Register 86; am 7/3/94, Register 130; am 5/31/2012, Register 202

12 AAC 64.290 Notification of claim

(a) Upon receipt of a claim for reimbursement filed under AS 08.88.460, the commission will mail a copy of the claim, and any documentary material filed with the claim to all involved parties.

(b) Repealed 5/31/2012.

History

Authority: AS 08.88.081; AS 08.88.460
Eff. 4/10/83, Register 86; am 7/3/94, Register 130; am 5/31/2012, Register 202

12 AAC 64.295 Deadlines

Repealed.

History

Eff. 4/10/83, Register 86; repealed 7/3/94, Register 130

12 AAC 64.300 Current address of claimants

A claimant shall keep a current mailing address and telephone number on file with the commission until the claim is resolved. Failure to maintain a current mailing address and telephone number on file with the commission while a claim is pending may result in dismissal of the claim.

History

Authority: AS 08.88.081; AS 08.88.460
Eff. 4/10/83, Register 86; am 7/3/94, Register 130

12 AAC 64.305 Hearings

Repealed.

History

Eff. 4/10/83, Register 86; am 7/3/94, Register 130; repealed 5/31/2012, Register 202

12 AAC 64.310 Role of involved licensee

(a) The commission will send a notice of a claim to an involved licensee under 12 AAC 64.290.

(b) The real estate broker supervising an involved licensee at the time the claim is filed will be notified by the commission that an involved licensee is a named party in a claim filed under AS 08.88.460.

History

Authority: AS 08.88.081; AS 08.88.460; AS 08.88.465
Eff. 4/10/83, Register 86; am 7/3/94, Register 130; am 5/31/2012, Register 202

12 AAC 64.315 Withdrawal of claim

(a) A claimant may withdraw a claim filed under AS 08.88.460 at any time before the proposed decision is filed with the commission.

(b) Withdrawal of a claim by the claimant does not preclude disciplinary proceedings by the commission against an involved licensee under the provisions of AS 08.88.

History

Authority: AS 08.88.081; AS 08.88.460
Eff. 4/10/83, Register 86; am 7/3/94, Register 130

12 AAC 64.320 Motion for reconsideration

Repealed.

History

Eff. 4/10/83, Register 86; readopted 7/3/94, Register 130; repealed 5/31/2012, Register 202

12 AAC 64.325 Findings and conclusions

(a) After consideration of a claim, the commission will make written findings and conclusions in accordance with the provisions of AS 08.88.465.

(b) The claimant may not receive payment of a claim unless the commission finds that

(1) the clamant filed a claim that complies with 12 AAC 64.285 within the time limit provided under AS 08.88.460;

(2) the court judgment, arbitration award, or settlement agreement with a licensee submitted by the claimant is no longer subject to appeal and establishes that the clamant suffered a loss in the manner described in AS 08.88.460(a); and

(3) the clamant used due diligence to collect the amount due under the court judgment, arbitration award, or settlement agreement and that the amount due is uncollectable using reasonable efforts.

(1) the claimant;

(2) the claimant's legal representative, if applicable;

(3) each licensee named in the claim;

(4) the licensee's legal representative, if applicable; and

(5) real estate broker supervising an involved licensee at the time the commission makes its written findings and conclusions, if applicable.

(d) If interest is ordered to be paid on a claim of less than $15,000, the interest will be calculated from the date of loss until the date of payment of the claim. Total payment from the fund will not exceed $15,000 per transaction, whether principal or a combination of principal and interest.

(e) When the commission awards payment of a claim from the real estate recovery fund, the following information will be added to the license file of each licensee named in the findings and conclusions as responsible for the loss:

(1) a copy of the findings and conclusions and the order adopted by the commission;

(2) proof of payment from the real estate recovery fund to the claimant.

(f) If, as a result of the commission's findings and conclusions, the commission suspends a licensee's license, the commission will require proof of reimbursement of the real estate recovery fund by the licensee or an agreement between the licensee and the commission on the terms and conditions for reimbursing the real estate recovery fund under AS 08.88.071(b) before reinstating the license. The proof of reimbursement or agreement for reimbursement will be added to the licensee's license file.

History

Authority: AS 08.88.071; AS 08.88.081
Eff. 4/10/83, Register 86; am 7/3/94, Register 130; am 2/11/95, Register 133; am 8/31/2006, Register 179; am 5/31/2012, Register 202

12 AAC 64.330 Waiver of provisions

Repealed.

History

Eff. 4/10/83, Register 86; repealed 7/3/94, Register 130

Article 7 Real Estate Education Standards

12 AAC 64.400 Purpose of course certification and instructor approval

The commission certifies real estate education courses and approves course instructors for the purpose of

(1) establishing uniform high standards for real estate educational offerings;

(2) assuring that only those courses that cover current and relevant information are certified; and

(3) assuring that instructors meet minimum education and experience requirements.

History

Authority: AS 08.88.081; AS 08.88.091; AS 08.88.095
Eff. 10/8/90, Register 116; am 1/1/2006, Register 176

12 AAC 64.405 Temporary course certification and instructor approval

Expired.

12 AAC 64.410 Minimum classroom and virtual course requirements

(a) Except as provided in (f) and (g) of this section, only real estate education courses certified by the commission, or the commission's designee, meet the requirements of AS 08.88.091 and 08.88.095. To be certified, a course, whether delivered in a classroom or as virtual course, must meet the following minimum requirements:

(1) the course must add to the practical knowledge required to perform the duties of a real estate practitioner in areas identified in 12 AAC 64.063, 12 AAC 64.064, and 12 AAC 64.500;

(2) the course content must be applicable to all areas of the state, but may also include consideration of unique local circumstances;

(3) repealed 6/28/97;

(4) the course must be taught by an instructor approved by the commission to teach that course topic;

(5) a guest instructor who is not approved may be used to present a specialized portion of a course if an approved instructor for the course topic is also present;

(6) students must be required to adhere to a strict attendance policy, whether in a classroom or attending a virtual course, in order to receive credit for the course;

(7) students taking a virtual course must be present using a device with video and audio capabilities;

(8) students must complete a course and instructor evaluation on a form that meets or exceeds the basic evaluation provided by the commission;

(9) a certificate of completion shall be given to each student who attends and participates in the course and completes the evaluation, showing the

(A) name of the student;

(B) city where course was held;

(D) date the course was delivered;

(E) number of contact hours awarded;

(F) signature of the course instructor or sponsor; and

(G) name of the course instructor.

(b) A transcript from a college or university registrar may substitute for the certificate of completion required in (a)(9) of this section.

(1) 10 hours of instruction per day to meet the continuing education requirements of AS 08.88.091 and 12 AAC 64.500; or

(2) eight hours of instruction per day to meet the education requirements of AS 08.88.095 and 12 AAC 64.064.

(d) The commission will maintain a list, updated quarterly, of approved courses that are open to any licensee. The commission will make the list available at the division's office in Anchorage, through the commission electronic mail subscription service, through the commission's Internet website, and by other appropriate methods.

(e) Any course outline submitted to the commission in compliance with 12 AAC 64.420(a)(3)(D) is the property of the author or course sponsor.

(f) Courses developed by a national organization that issues professional designations in specific areas of licensed real estate practice, and that are required to earn or maintain a nationally recognized professional designation, will be recognized for credit if

(1) the course is taught by an instructor certified by the national organization to deliver the course; and

(2) the national organization provides

(A) a list of the designations offered and the courses required for each designation to the commission annually; and

(B) a certificate of successful course completion.

(g) Courses in the subject areas identified in 12 AAC 64.500 offered by an accredited college or university will be recognized for credit. To determine the number of credit hours to be granted, the licensee must

(1) submit a syllabus of the course, either by electronic mail, through a link, or by regular United States mail; and

(2) arrange for and ensure the submission of an official transcript directly from the college or university where the course was offered, either by electronic mail or regular United States mail.

(h) for a course recognized under (f) or (g) of this section,

(1) a course approval fee will not be charged; and

(2) credit will be recognized equal to the number of hours of actual class time, excluding examinations, up to a maximum of 12 hours per course.

History

Authority: AS 08.88.061; AS 08.88.091 AS 08.88.081; AS 08.88.095
Eff. 10/8/90, Register 116; am 3/6/91, Register 117; am 7/16/94, Register 131; am 9/15/94, Register 131; am 6/28/97, Register 142; am 5/28/98, Register 146; am 2/12/99, Register 149; am 1/1/2006, Register 176; am 3/27/2008, Register 185; am 9/9/2021, Register 239

12 AAC 64.420 Application for course certification

(a) To apply for commission certification of a real estate course, a course sponsor shall submit

(1) a completed application on a form provided by the department;

(2) the fees required in 12 AAC 02.360;

(3) the following information:

(A) title of course;

(B) the number of contact hours requested;

(D) a detailed course outline that identifies the course content and objectives and includes text materials, sample handouts, and a sample examination, if any;

(E) a copy of the attendance policy and a description of the procedures used for keeping a record of attendance;

(F) provisions for offering the course by correspondence, if any; and

(G) the policy for allowing a student to make up missed class time, if any.

(b) A completed application for course certification or biennial recertification must be filed 45 days before the first offering date of the course. A course may not be advertised as being certified under this chapter until the applicant has received written certification from the commission.

(c) A course certified by the commission may be offered for credit from the date the commission certifies the course until January 31 of the next even-numbered year, except that a course that is certified by the commission from October 15 of an odd-numbered year through January 31 of an even-numbered year may be offered for credit from the date that the commission certifies the course until January 31 of the following even-numbered year. The commission will provide course sponsors with applications for course recertification by October 15 of odd-numbered years.

(d) Repealed 6/28/97.

(e) Any change in the content or materials used in a certified course may be implemented immediately if it is based on a United States Supreme Court or Alaska Supreme Court decision or a change in the policy of a financial institution or government agency that has been documented by a public memorandum or press release from that institution or agency and that has a specific effective date. A change made under this subsection related to a change in the policy of a financial institution or government agency must be reported to the commission within 15 days after receipt of the public memorandum or press release. Any substantive change other than one described in this section must be submitted as an amendment to an approved course outline according to the schedule set out in (b) of this section.

(f) A course certified by the commission, or the commission's designee, under this section to meet the education requirements of AS 08.88.095 and 12 AAC 64.064 is also certified to meet the continuing education requirements of 12 AAC 64.500 in the approved subject areas.

History

Authority: AS 08.88.081; AS 08.88.091; AS 08.88.095
Eff. 10/8/90, Register 116; am 7/16/94, Register 131; am 9/15/94, Register 131; am 2/11/95, Register 133; am 6/28/97, Register 142; am 2/12/99, Register 149; am 1/1/2006, Register 176; am 3/24/2007, Register 181

12 AAC 64.430 Correspondence courses

(a) To obtain certification of a correspondence course a sponsor must

(1) meet the requirements of 12 AAC 64.420;

(2) submit a copy of the complete course materials that will be provided to participants, including any published texts or videos; and

(3) submit a copy of the instructions for completing each lesson, either by electronic mail or regular United States mail.

(b) All courses taken by correspondence must include an unanswered examination, or a project activity, to be turned in to the instructor for grading upon completion of the course. An unanswered examination or project activity must be submitted along with the course material to the commission for prior approval, either by electronic mail or regular United States mail.

History

Authority: AS 08.88.081; AS 08.88.091
Eff. 10/8/90, Register 116; am 2/12/99, Register 149; am 3/27/2008, Register 185; am 9/9/2021, Register 239

12 AAC 64.440 Instructor approval

(a) Except as provided in 12 AAC 64.410(f) and (g), only a course taught by an instructor who is approved by the commission, or the commission's designee, to teach a course on that topic meets the education requirements of AS 08.88.091, 08.88.095, and this chapter. A national instructor must obtain approval from the commission, or the commission's designee, in the appropriate topic area before teaching any course other than a course required to qualify a licensee for a professional designation in licensed real estate practice from a national organization.

(b) An applicant for instructor approval must apply to the commission by submitting

(1) a completed application on a form provided by the department;

(2) the fees required in 12 AAC 02.360;

(3) a list of topics the applicant is seeking approval to teach; and

(4) a résumé indicating the education and experience of the applicant in the requested topic areas, including the experience and education required in (c) of this section.

(c) To be approved as an instructor, an applicant must have experience teaching or training adults, and at least one of the following:

(1) a bachelor's degree in real estate or a related field;

(2) five years of experience as a real estate licensee with documented experience in the topic area the applicant is seeking approval to teach;

(3) another combination of experience and education that establishes the applicant's credentials in the requested topic area;

(4) be listed as an approved instructor by a national organization that offers professional real estate courses that have been approved by the commission for continuing education credit under 12 AAC 64.420.

(d) Successful completion of an instructor workshop sponsored by the Association of Real Estate License Law Officials (ARELLO), the National Association of Realtors (NAR), the Real Estate Educators' Association (REEA), the International Right of Way Association (IRWA), the Community Association Institute (CAI), or other national organization determined to be comparable by the commission, or the commission's designee, may be substituted for the teaching experience or training required in (c) of this section.

(e) If necessary to verify or substantiate the qualifications of an applicant for instructor approval, the commission, or its designee, will interview an applicant for instructor approval. If the commission requests division staff to conduct the interview, the division staff shall conduct the interview using the standards for instructor approval set out in this section. The division staff shall prepare a report on the interview and provide it to the commission for further action.

(f) The applicant must have not been disciplined within the last five years by any real estate regulating authority or professional real estate association.

(g) An instructor approval expires on April 1 of years ending in 0 and 5. An initial instructor approval issued under (b) of this section from January 1 through April 1 of a year ending in 0 or 5 expires on April 1 of the next year that ends in a 0 or 5. An applicant for renewal of an instructor approval must submit to the department

(1) a completed application for renewal on a form provided by the department;

(2) the instructor approval recertification fee specified in 12 AAC 02.360; and

(3) evidence of completion during the biennial licensing period for real estate licensees immediately preceding the date of application, or the current biennial licensing period if in progress at the date of application, of

(A) at least two hours of continuing education in each topic area for which the instructor is applying for recertification;

(B) teaching a course in the topic area for which the instructor is applying for recertification; or

(h) An applicant for initial instructor approval that wishes to substitute completion of an instructor workshop in (d) of this section for teaching experience or training required in (c) of this section must apply for instructor approval not later than six months after completing an approved instructor workshop.

History

Authority: AS 08.88.061; AS 08.88.091 AS 08.88.081; AS 08.88.095
Eff. 10/8/90, Register 116; am 3/6/91, Register 117; am 7/16/94, Register 131; am 6/28/97, Register 142; am 2/12/99, Register 149; am 1/1/2006, Register 176; am 6/22/2008, Register 186; am 1/9/2014, Register 209; am 8/30/2020, Register 235; am 9/9/2021, Register 239

12 AAC 64.450 Temporary instructor approval

(a) A course sponsor may request the temporary approval of a person to teach a course if the sponsor

(1) is unable to find an instructor approved by the commission to teach that course topic for credit; or

(2) chooses to use a qualified instructor from another state.

(b) The commission, or its designee, will, in its discretion, issue a five-day temporary instructor approval to a person who

(1) is currently certified by a nationally recognized organization that requires similar instructor standards; or

(2) has experience in the specific subject area to be covered by that course.

History

Authority: AS 08.88.061; AS 08.88.081; AS 08.88.091
Eff. 10/8/90, Register 116; am 6/28/97, Register 142; am 2/12/99, Register 149

12 AAC 64.460 Withdrawal or denial of instructor approval

(a) The commission may withdraw instructor approval or deny an application for approval under 12 AAC 64.440 if

(1) disciplinary action is taken or pending by the commission or another licensing jurisdiction against that instructor's practitioner license;

(2) the instructor is no longer providing satisfactory instruction based upon

(A) poor student evaluations; or

(B) the findings of a classroom audit conducted by the commission or its designee;

(3) the instructor offers a course for credit that has not received prior written approval from the commission;

(4) the instructor teaches a course in a subject area that the instructor has not been approved to teach; or

(5) the instructor provides fraudulent information or documentation to a licensee or to the commission.

(b) If instructor approval is withdrawn or an application for instructor approval is denied, the commission will provide a written notice of withdrawal or denial of approval, stating the reasons for the withdrawal or denial. Withdrawal of instructor approval is effective 30 days after the date of the written notice of withdrawal unless the instructor files a written request to petition the commission at its next regularly scheduled meeting.

History

Authority: AS 08.88.081; AS 08.88.091; AS 08.88.095
Eff. 10/8/90, Register 116; am 7/16/94, Register 131; am 6/28/97, Register 142; am 1/1/2006, Register 176

12 AAC 64.470 Withdrawal or denial of course certification

(a) The commission may withdraw course certification or deny an application for course certification under 12 AAC 64.420 if the commission, or the commission's designee, finds that the course no longer meets the standards adopted by the commission in 12 AAC 64.410, as evidenced by

(1) the findings of a classroom audit; or

(2) review of the course content at the time of recertification under 12 AAC 64.420(c).

(b) If course certification is withdrawn or an application for course certification is denied, the commission will provide a written notice of withdrawal or denial of certification stating the reasons for the withdrawal or denial. Withdrawal of course certification is effective 30 days after the date of the written notice of withdrawal unless the sponsor of the course files with the commission an acceptable revision of the course outline.

History

Authority: AS 08.88.081; AS 08.88.091; AS 08.88.095
Eff. 10/8/90, Register 116; am 1/1/2006, Register 176

Article 8 Continuing Education Requirements

12 AAC 64.500 Continuing education requirements

(a) For the purposes of AS 08.88.091(d), the commission will accept only those continuing education courses that meet the real estate education standards of 12 AAC 64.400 - 12 AAC 64.470, including courses in the following subject areas:

(1) licensee relationships;

(2) closing transactions;

(3) common interest ownership and resale certificates required under AS 34.08.590;

(4) communications, negotiations, and real estate counseling skills;

(5) repealed 6/28/97;

(6) contracts;

(7) energy conservation;

(8) health, safety, and environmental issues, and compliance with 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 1990);

(9) fair housing and equal opportunity laws;

(10) financing real estate;

(11) foreclosure, judgments, and bankruptcy;

(12) international real estate transactions;

(13) land use, planning, zoning, and building codes;

(14) legal descriptions;

(15) listing responsibilities;

(16) marketing property;

(17) new construction;

(18) prohibited conduct;

(19) property disclosure and inspections;

(20) residential property management;

(21) property valuation;

(22) real estate brokerage management;

(23) real estate investment analysis;

(24) real estate property law;

(25) real estate license law;

(26) securities;

(27) title insurance and lien law;

(28) trust account management;

(29) trusts, estates, and probate;

(30) ethical decision-making in real estate transactions;

(31) community association management;

(32) community association documents;

(33) risk management;

(34) Alaska landlord tenant law;

(35) customer client service;

(36) commercial property management;

(37) tax law and exchanges;

(38) broker disclosure responsibility;

(39) broker supervision;

(40) broker trust account responsibility; and

(41) organizing and managing real estate offices.

(b) An applicant for renewal of a broker, associate broker, or salesperson license must complete the following continuing education contact hours during the concluding licensing period:

(1) an eight-hour continuing education core curriculum, identified by the commission, that stresses current trends in real estate practices and changes in state, federal, and case law in the areas of real estate sales, property management, community association management, or commercial sales; and

(2) 12 contact hours of continuing education in elective topics that meet the requirements in (a) of this section.

(c) At least 120 days before the beginning of each licensing period, the commission will identify topics in which all licensees will be required to obtain eight contact hours of continuing education credit under (b)(1) of this section during the next licensing period.

(d) By October 1 of each odd-numbered year, the commission will, or the division staff at the commission's direction shall notify course sponsors of the topics that satisfy the requirements in (b)(1) of this section for the next renewal period.

(e) While useful to the practice of real estate, the following types of training do not meet the continuing education standards of the commission:

(1) mechanical office or business skills, including typing, speed-reading, or use of a calculator or computer, unless related to one of the subject areas listed in (a) of this section;

(2) office sales meetings;

(3) orientation courses by professional organizations;

(4) instructor development courses;

(5) prospecting;

(6) repealed 2/12/99.

(f) No more than 12 contact hours of credit from any one course content area may be accrued toward license renewal in a single licensing period.

(g) An applicant for license renewal who creates a new course that is approved for credit under 12 AAC 64.410 may earn continuing education credit equal to the number of hours approved for the course.

(h) An applicant for renewal may not accrue continuing education contact hours for taking the same, or substantively identical, course more than once during a licensing period.

(i) An applicant for renewal may not earn real estate continuing education contact hours for courses taken before the applicant was originally licensed.

(j) An applicant for renewal who, at the time the license is due to lapse, has been licensed

(1) more than 90 days more must complete 20 contact hours of continuing education consisting of the eight designated contact hours in topics identified by the commission under (b)(1) of this section;

(2) 90 days or less is not required to meet continuing education requirements.

(k) Repealed 7/16/94.

(l) Repealed 7/16/94.

(m) For the purposes of this section and AS 08.88.091

(1) one contact hour equals a minimum of 50 minutes of instruction;

(2) one academic semester credit hour equals 15 contact hours;

(3) one academic quarter credit hour equals 10 contact hours.

(n) Notwithstanding the provisions of 12 AAC 64.420 - 12 AAC 64.450, a licensee who has taken a course offered outside of this state that is required to earn a professional designation by a nationally recognized real estate education provider during a licensing period that has not otherwise been certified under 12 AAC 64.410 and 12 AAC 64.420 may apply to the commission under this subsection for continuing education credit under this section for the licensee's attendance at that course. To be considered for approval by the commission, the licensee must submit to the department not later than November 30 of odd numbered years

(1) a form provided by the department;

(2) materials promoting or describing the class and designation;

(3) evidence that the real estate education provider is nationally recognized; and

(4) a certificate of completion, including the date of attendance, as proof of attendance.

History

Authority: AS 08.88.081; AS 08.88.091
Eff. 10/8/90, Register 116; am 3/6/91, Register 117; am 7/16/94, Register 131; am 6/28/97, Register 142; am 2/12/99, Register 149; am 11/1/2003, Register 168; am 8/31/2006, Register 179; am 11/18/2006, Register 180; am 6/22/2008, Register 186; am 1/9/2014, Register 209; am 5/24/2023, Register 246

12 AAC 64.510 Approved online courses

To be approved by the commission to meet the continuing education requirements of 12 AAC 64.400 - 12 AAC 64.470, the primary purpose of an online course must be directly related to the topics listed in 12 AAC 64.500(a).

History

Authority: AS 08.88.081; AS 08.88.091
Eff. 3/27/2008, Register 185

Article 9 Property Management

12 AAC 64.550 Property management transactions

(a) A licensee engaged in property management shall conduct property management activity in the registered name of the real estate company with which the licensee is affiliated.

(b) A licensee may not conduct property management activity for another person without a prior written property management contract. At a minimum, a property management contract must include the

(1) specific responsibilities of the property manager;

(2) authority and powers given by the property owner to the property manager;

(3) period of the agreement; and

(4) management fee.

(c) A licensee acting as a property manager may transfer funds between two or more accounts maintained for the same property owner if the licensee has written authorization from the property owner. The licensee shall make entries fully identifying the transaction in each of the ledger accounts affected.

(d) The sale or exchange of a property that is subject to an existing property management contract must be authorized by specific language in the property management contract or by a separate listing agreement.

(e) A licensee that owns rental real property shall disclose in writing to all tenants and prospective tenants of that property that the licensee holds a real estate license and the name of the company with which the licensee is affiliated.

History

Authority: AS 08.88.081; AS 08.88.331; AS 08.88.351
Eff. 7/16/94, Register 131

12 AAC 64.560 Compliance with Uniform Residential Landlord and Tenant Act

Failure of a licensee engaged in property management to deposit prepaid rents or security deposits in a trust account as required by AS 34.03 (Uniform Residential Landlord and Tenant Act) is considered fraudulent or dishonest conduct within the meaning of AS 08.88.071(a)(3)(A)(iv).

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.331
Eff. 7/16/94, Register 131

12 AAC 64.570 Property management of real property

(a) A licensee who has sole ownership of rental property either may manage the property through the licensee's employing broker or may employ another broker or property manager to perform those management duties. Notwithstanding 12 AAC 64.550, the licensee or the owner's broker is not required to keep records or files of rental agreements or rental transactions, if the files or records are kept by the licensee being employed.

(b) In addition to the duties set out in AS 08.88.615, a licensee who owns real property described in (a) of this section must also

(1) disclose to each prospective lessee or tenant

(A) the items described in AS 08.88.615(a)(6) - (8); and

(B) the licensee's ownership in accordance with AS 08.88.391; and

(2) provide the licensee's broker with the following information for each property owned by the licensee:

(A) ownership position and percentage;

(B) copies of all financial records and rental agreements;

(D) security deposits and prepaid rents to be held in the broker's trust account in compliance with 12 AAC 64.200 or held in a licensee's privately owned trust account to which the broker has access for oversight and review purposes; in this subparagraph, "prepaid rent"

(i) means that amount of money demanded by the landlord at the initiation of the tenancy for the purpose of ensuring that rent will be paid;

(ii) does not include the first month's rent or money received as security for damage;

(E) written documentation to refund a security deposit or deduct money from a security deposit.

(c) Notwithstanding 12 AAC 64.200, rents and other incidental income may be paid directly to the licensee as the lessor and need not be deposited in the broker's trust account.

(d) The duration of the relationship between the licensee and the lessee must meet the requirements of AS 08.88.660.

(e) The commission may, under AS 08.88.071, impose a disciplinary sanction for violation of this section. A claim under AS 08.88.460 may be filed by a person if the claim is based on a violation of fraud, misrepresentation, or deceit and the person suffered a loss as a result of the violation.

(f) If the property is owned by a partnership, corporation, limited liability company, or other such legal entity in which a licensee has an interest, the licensee must disclose a licensee's ownership position and ownership entity to the broker. If one or more licensees combined have a controlling interest or participate in the day-to-day operation or management of the subject property, the licensees are subject to this section except for (b)(2)(B) of this section. In lieu of compliance with (b)(2)(B) of this section, the financial records and copies of rental agreements for the property must be made available to the licensee's broker for oversight and review.

History

Authority: AS 08.88.071; AS 08.88.391; AS 08.88.615 AS 08.88.081; AS 08.88.460; AS 08.88.660
Eff. 3/29/2008, Register 185; am 8/18/2010, Register 195

12 AAC 64.580 Licensee who performs community association management

In addition to the requirements in AS 08.88.615, a licensee engaged in community association management must

(1) comply with the provisions of AS 08.88.341, and must include the

(A) services provided;

(B) fees charged;

(D) consumer pamphlet as provided for in 12 AAC 64.118;

(2) comply with local, state, and federal laws;

(3) disclose any conflict of interest as outlined in AS 08.88.391;

(4) collect funds to comply with 12 AAC 64.180 - 12 AAC 64.271; and

(5) provide the resale certificate within 10 days of written request under AS 34.08.510 - 34.08.700.

History

Authority: AS 08.88.081; AS 08.88.341; AS 08.88.615 AS 08.88.161; AS 08.88.351 AS 08.88.171; AS 08.88.391
Eff. 2/11/2009, Register 189

Article 10 Errors and Omissions Insurance

12 AAC 64.600 Insurance required

Subject to AS 08.88.172, a person licensed as a real estate broker, associate real estate broker, or real estate salesperson, as a condition of licensing, renewal, or reinstatement of a license must submit proof of errors and omission insurance coverage through the master insurance policy made available by the commission under AS 08.88.172(d) or through certification of equivalent coverage. "Equivalent coverage" has the meaning given in 12 AAC 02.590.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.172
Eff. 10/10/2014, Register 212

12 AAC 64.610 Time for filing certification of equivalent coverage

(a) A licensee that obtains equivalent coverage under AS 08.88.172(c) must file a certification of insurance showing equivalent coverage with the commission with the application to obtain or renew a license.

(b) A licensee substituting coverage under the master insurance policy made available by the commission under AS 08.88.172(c) with equivalent coverage or substituting an equivalent coverage policy with another policy must file a certification of equivalent coverage with the commission prior to 5:00 p.m. on the date the licensee cancels coverage under the master insurance policy made available by the commission, or cancels coverage under the equivalent insurance policy that is being substituted for another equivalent coverage policy.

(c) If the certification is not filed as required by this section, the commission will deny the application to obtain or renew a license, or suspend the existing license.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.172
Eff. 10/10/2014, Register 212

12 AAC 64.620 Suspension of license for nonpayment of premium

If a licensee's insurance company or master insurance policy issuer notifies the commission that a licensee has not paid a premium resulting in termination of coverage, the commission shall suspend any license under AS 08.88.161 held by that licensee as of the date of termination of coverage.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.172
Eff. 10/10/2014, Register 212

12 AAC 64.630 Surrender of license for failure to provide proof of insurance

When a licensee receives a notice of license suspension for failure to provide proof of insurance, the licensee shall immediately surrender any license required under AS 08.88.161 to the commission.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.172
Eff. 10/10/2014, Register 212

12 AAC 64.640 Proof of insurance required to activate suspended license

A licensee whose license has been suspended for fai lure to provide proof of errors and omissions insurance may not conduct any activities for which a license is required until proof of obtaining a certificate of insurance has been provided to the commission and the license has been activated.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.172
Eff. 10/10/2014, Register 212

12 AAC 64.650 Authenticity of coverage

A licensee may not willfully or knowingly cause or allow a certificate of coverage to be filed with the commission that is false, fraudulent, or misleading.

History

Authority: AS 08.88.071; AS 08.88.171 AS 08.88.081; AS 08.88.172
Eff. 10/10/2014, Register 212

Article 11 General Provisions

12 AAC 64.900 Violation

Violation of or failure to comply with the provisions of this chapter constitutes grounds for the suspension or revocation of a license.

History

Authority: AS 08.88.081; AS 44.33.020(1)
Eff. 8/22/79, Register 71

12 AAC 64.905 Exceptions to requirements for real estate license

The exceptions to the requirements of AS 08.88 listed in AS 08.88.900 are limited to the roles or activities specified, and do not allow a person to perform other activities for which a license under AS 08.88.161 is required.

History

Authority: AS 08.88.081; AS 08.88.161; AS 08.88.900
Eff. 8/23/2009, Register 191

12 AAC 64.910 Fees

Repealed 1/1/91.

12 AAC 64.920 Current address

Repealed.

History

Eff. 12/6/81, Register 80; repealed 10/27/99, Register 152

12 AAC 64.930 Property disclosure form

(a) The form titled Residential Real Property Transfer Disclosure Statement, dated May 2024, Residential Real Property Transfer Disclosure Statement - Exemption for First Sale, dated May 2024, and Residential Real Property Transfer Disclosure Statement - Waiver by Agreement, dated May 2024, are adopted by reference. These forms, prepared by the Real Estate Commission, present the information required by AS 34.70 that a transferor of an interest in residential real property must disclose to a prospective transferee of the property before the transferee makes a written offer. Use of these forms also complies with AS 34.70.050 regarding notice to the transferee to conduct investigations regarding convicted sex offenders residing in the neighborhood and whether there is an agricultural facility or operation in the vicinity.

(b) For the purposes of this section, "residential real property" has the meaning given to the term in AS 34.70.200 and AS 34.80.090.

History

Authority: AS 08.88.071; AS 08.88.615 AS 08.88.081; AS 34.70.050
Eff. 9/12/93, Register 127; am 2/12/99, Register 149; am 8/23/2001, Register 159; am 6/20/2003, Register 166; am 1/1/2005, Register 172; am 11/18/2006, Register 180; am 10/4/2008, Register 188; am 7/16/2022, Register 243; am 9/20/2024, Register 251

12 AAC 64.940 Disclosure of compensation

(a) In a real estate sales transaction, a broker shall disclose in writing to the broker's principal the dollar amount or percentage of transaction amount of any rebate, compensation, or fee paid to another broker in connection with that transaction.

(b) The provisions of (a) of this section do not require a broker to disclose the payment of a franchise fee, an internal office operating cost, or compensation to a licensee within the broker's office.

(c) As used in this section, "real estate sales transaction" means the sale or purchase of real property, but does not include a rental, lease, or other transaction involving real property.

(d) A disclosure required of a broker to the broker's principal under (a) of this section shall be made when

(1) the listing contract is signed; and

(2) the settlement statement is signed.

(e) The disclosure requirement in (a) of this section is a continuing obligation that is not extinguished by the transfer of title in a real estate transaction.

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.351
Eff. 5/28/98, Register 146; am 2/12/99, Register 149; am 4/24/2009, Register 190

12 AAC 64.950 Definitions

Renumbered as 12 AAC 64.990, 10/8/90.

12 AAC 64.960 Payment of associate broker or salesperson

A broker may pay a former associate broker or salesperson a commission for services performed while the associate broker or salesperson was actively licensed under AS 08.88 regardless of the license status of the associate broker or salesperson at the time the commission is payable.

History

Authority: AS 08.88.081
Eff. 7/16/94, Register 131

12 AAC 64.961 Personal real estate transaction of real estate licensee

In order to meet the requirements of AS 08.88.331, a real estate licensee is not precluded from using the services of a licensee from another brokerage to represent or give specific assistance in a personal real estate transaction of the real estate licensee.

History

Authority: AS 08.88.071; AS 08.88.331
Eff. 2/5/2010, Register 193

12 AAC 64.970 Commission member absences

(a) The commission will, in its discretion, recommend to the governor that a member be removed from the commission if that member has three or more unexcused absences from regularly scheduled commission meetings.

(b) Before the close of each regularly scheduled commission meeting, the commission will determine whether a member's absence from that meeting is excused or unexcused. An absence will be considered excused if it is pre-approved by the chairperson of the commission or due to an emergency.

History

Authority: AS 08.01.020; AS 08.88.081
Eff. 7/16/94, Register 131

12 AAC 64.980 Documents submitted by facsimile

(a) Repealed 12/7/2011.

(b) An applicant or licensee may submit a document to the commission by facsimile if the commission does not require

(1) the applicant or licensee to submit a fee with the document; or

(2) a notarized signature on the document.

History

Authority: AS 08.88.071; AS 08.88.081; AS 08.88.460
Eff. 7/16/94, Register 131; am 12/7/2011, Register 200

12 AAC 64.990 Definitions

(a) In AS 08.88.171, 12 AAC 64.059(d), and 12 AAC 64.075(e), "active and continuous experience" means that, notwithstanding 12 AAC 64.080(c), the licensee holds a current active license with no single break of current active status of more than 30 days due to the licensee's failure to affiliate with an employing broker and file the appropriate completed application with the division.

(b) In this chapter, unless the context requires otherwise,

(1) "commission" means the real estate commission established by AS 08.88.011;

(2) "contact hour" means a minimum of 50 minutes of instruction;

(3) "sponsor" means a person, school, college, or professional association that provides, or wishes to provide, courses in real estate education under this chapter;

(4) "real estate transaction" means a transaction for which a real estate broker must maintain records under AS 08.88.331 - 08.88.351 and 12 AAC 64.220;

(5) "commingle" means a licensee depositing the licensee's own funds in the account where the funds of others are held in trust, except as allowed in 12 AAC 64.180(d);

(6) "salesperson" means the same as "salesman" in AS 08.88;

(7) "division" means the division of corporations, business and professional licensing in the Department of Commerce, Community, and Economic Development;

(8) "listing" means a personal services contract or agreement, in which the listing licensee agrees to find, locate, secure, or promote obtaining a buyer or tenant for a specific property at a certain price and terms;

(9) "team" means two or more licensees within the same brokerage who work together as one unit under a collective name and provide services or perform activities that require a professional license in real estate;

(10) "virtual course" means a course that is approved for credit by the commission and is provided in an interactive online, real-time learning environment where the majority of the curriculum is delivered using the Internet, and in which students are separated by location from their instructor of record yet have the ability to participate through chats and audio.

(1) "claim" means a claim for reimbursement filed with the commission under AS 08.88.460 and 12 AAC 64.280 - 12 AAC 64.325;

(2) "claimant" means a person who properly files a claim with the commission under AS 08.88.460 and 12 AAC 64.280 - 12 AAC 64.325;

(3) "involved licensee" means an individual described in AS 08.88.460(b) and, if applicable, a cooperating broker and any affiliated licensees who participated in the transaction upon which the claim is based;

(4) "involved party" means any licensee, whether named or unnamed by the claimant, involved in a transaction that is the subject of a claim, and the employing broker or brokers of all involved licensees at the time of the transaction, and all principals to the transaction.

(d) In AS 08.88, "personal service contracts" include listings, fee agreements between brokers and buyers or sellers, management contracts with property owners, or other agreements by which a broker agrees to perform a duty with respect to real estate for an agreed upon fee or commission.

(e) In AS 08.88.900(a), "public official"

(1) means

(A) an appointed or elected state or municipality officer; or

(B) a state or municipality employee;

(2) does not include a subcontractor of the state or a municipality.

History

Authority: AS 08.88.081; AS 08.88.091
Eff. 12/6/81, Register 80; am 4/10/83, Register 86; am 9/29/83, Register 88; am 10/8/90, Register 116; am 7/3/94, Register 130; am 7/16/94, Register 131; am 9/15/94, Register 131; am 2/12/99, Register 149; am 9/6/2002, Register 163; am 6/22/2008, Register 186; am 12/7/2011, Register 200; am 2/21/2019, Register 229; am 9/9/2021, Register 239

Chapter 68 Board of Veterinary Examiners

Article 1 Veterinary Licensing and Examination

12 AAC 68.010 Application for a license by examination

(a) An applicant for a license by examination to practice veterinary medicine, surgery, or dentistry shall submit to the board

(1) a completed application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.350;

(3) evidence that, within 60 months before the date of application, the applicant has passed the North American Veterinary License Examination, administered by the International Council for Veterinary Assessment (ICVA);

(4) official college transcripts showing graduation from an accredited veterinary school, or official records showing successful completion of the Educational Commission for Foreign Veterinary Graduates certification, the Program for the Assessment of Veterinary Education Equivalence certification, or another certification process as approved by the board and as required by AS 08.98.165(a)(1);

(5) if the applicant is, or has ever been, licensed as a veterinarian in another jurisdiction, verification of licensure and evidence of good standing as set out in 12 AAC 68.048, including the disposition of any disciplinary action taken or pending against the applicant, from all licensing jurisdictions where the applicant holds or has ever held a veterinary license;

(6) a completed Veterinary Information Verifying Agency (VIVA) score reporting form sent directly from the American Association of Veterinary State Boards;

(7) on a form provided by the department, four letters of professional reference completed by veterinarians licensed in this state or another jurisdiction who are familiar with the applicant's training or work in veterinary medicine; if the applicant graduated from a veterinary school within the two years immediately preceding the date of application, two letters of professional reference may be completed and submitted by instructors at the applicant's veterinary school; a letter of professional reference must

(A) be sent directly to the department from the person completing the professional reference; and

(B) evidence the applicant's good standing under AS 08.98.165(a)(4) and 12 AAC 68.048 by indicating that the applicant is professionally competent, reliable, and worthy of confidence;

(8) any other documentation that the board determines is necessary to document compliance with AS 08.98.165.

(b) Repealed 4/18/2024.

(c) In addition to the requirements of (a) of this section, an applicant for a license by examination must pass the state written examination required under 12 AAC 68.015.

(d) Repealed 4/18/2024.

History

Authority: AS 08.98.050; AS 08.98.165
Eff. 3/27/71, Register 37; am 7/11/81, Register 79; am 4/22/83, Register 86; am 6/29/84, Register 90; am 4/10/88, Register 106; am 12/27/90, Register 116; am 5/9/98, Register 146; am 1/1/2000, Register 152; am 8/13/2000, Register 155; am 9/2/2001, Register 159; am 5/23/2003, Register 166; am 8/6/2006, Register 179; am 5/11/2007, Register 182; am 5/30/2015, Register 214; am 7/24/2022, Register 243; am 4/18/2024, Register 250

12 AAC 68.015 Examinations

(a) The passing score on the national examination required in 12 AAC 68.010(a) is the criterion-referenced passing score recommended by the National Board of Veterinary Medical Examiners (NBVME).

(b) The state written examination is required for applicants applying for licensure by examination and applicants applying for licensure by credentials. The following subjects will be covered on the state written examination concerning specific Alaska issues of veterinary practice:

(1) the board statutes and regulations under AS 08.98 and 12 AAC 68;

(2) other state statutes and regulations related to animal care;

(3) laws regarding the import, export, and transportation of animals, health certificates, and the reporting of diseases;

(4) veterinary epidemiology.

(c) The state written examination is an open book examination. The department will provide electronic examination and study materials to an approved applicant and will notify an applicant when material is available using the electronic mail address provided on the applicant's completed application. A completed electronic examination must be submitted to the department within 30 days after the department sends the electronic mail message, as shown by the date-stamp on the message. At an applicant's request, or if an electronic mail address is no provided by the applicant, examination and study materials will be mailed directly to the applicant. An examination completed by mail must be returned to the department within 30 days after mailing, as shown by the postmark dates. The passing score on the state written examination required by (b) of this section is 90 percent or above.

History

Authority: AS 08.98.050; AS 08.98.165; AS 08.98.180
Eff. 9/2/2001, Register 159; am 8/23/2003, Register 167; am 1/14/2007, Register 181; am 9/20/2020, Register 235

12 AAC 68.020 Time and place of examination

Repealed.

History

Eff. 3/27/71, Register 37; am 4/22/83, Register 86; am 4/10/88, Register 106; repealed 8/13/2000, Register 155

12 AAC 68.030 Notification of applicants

(a) An applicant will be notified in writing by the department of the applicant's grade on the applicable examinations in 12 AAC 68.015.

(b) Upon receipt of written notification of examination grade from the department, a temporary license holder under AS 08.98.180 shall notify the sponsoring veterinarian of whether the holder passed or failed the applicable examinations.

History

Authority: AS 08.98.050; AS 08.98.180 AS 08.98.165; AS 08.98.184
Eff. 3/27/71, Register 37; am 6/29/84, Register 90; am 4/10/88, Register 106; am 5/9/98, Register 146; am 1/1/2000, Register 152; am 8/13/2000, Register 155; am 9/2/2001, Register 159

12 AAC 68.035 License by credentials

(a) An applicant for licensure by credentials to practice veterinary medicine, surgery, or dentistry shall submit to the board

(1) a completed application, on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.350;

(3) verification of active practice of veterinary medicine for a least five of the seven years before the date of application;

(5) verification of licensure as a veterinarian in another jurisdiction and evidence of good standing as set out in 12 AAC 68.048, including the disposition of any disciplinary action taken or pending against the applicant, from all licensing jurisdictions where the applicant holds or has ever held a veterinary license;

(6) a completed Veterinary Information Verifying Agency (VIVA) score reporting form sent directly from the American Association of Veterinary State Boards;

(A) be sent directly to the department from the person completing the professional reference; and

(B) evidence the applicant's good standing under AS 08.98.184(4) and 12 AAC 68.048 by indicating that the applicant is professionally competent, reliable, and worthy of confidence; and

(8) any other documentation that the board determines is necessary to document compliance with AS 08.98.184.

(b) In addition to the requirements of (a) of this section, an applicant for a license by credentials must pass the state written examination required under 12 AAC 68.015.

(c) In this section, "active practice" means at least 1,000 hours of practicing veterinary medicine, surgery, or dentistry during a calendar year.

History

Authority: AS 08.98.050; AS 08.98.184
Eff. 1/1/2000, Register 152; am 8/13/2000, Register 155; am 9/2/2001, Register 159; am 5/11/2007, Register 182; am 4/18/2024, Register 250

12 AAC 68.040 Application for license

An application for a license is included on the same form used for the application for examination. Space is provided on the form to indicate whether licensing will be by examination or by waiver of examination.

History

Authority: AS 08.98.060; AS 08.98.210
Eff. 3/27/71, Register 37

12 AAC 68.041 Courtesy license

(a) A courtesy license authorizes the licensee to practice veterinary medicine for a special event only. A courtesy license does not authorize the licensee to conduct a general veterinary practice or to perform services outside the scope of practice required for that special event.

(b) The board may issue a courtesy license to an applicant who

(1) submits a completed courtesy license application on a form provided by the department no later than 30 days before the special event for which the courtesy license is requested; a completed courtesy license application must be signed by the applicant's sponsor and include all of the fees and supporting documentation required in this subsection;

(2) pays the application and licensing fees established in 12 AAC 02.350;

(3) is not a resident of this state;

(4) submits verification of

(A) a valid license and evidence of good standing as set out in 12 AAC 68.048 to practice veterinary medicine in another state or a province of Canada;

(B) current status as a specialist certified by a board recognized by the American Veterinary Medical Association (AVMA) in the specialty area for which the applicant is requesting a courtesy license; or

(C) a valid license and evidence of good standing as set out in 12 AAC 68.048 to practice veterinary medicine in a licensing jurisdiction outside of the United States or Canada; and either

(i) verification of having passed the examination of the Educational Commission for Foreign Veterinary Graduates or having completed the Program for the Assessment of Veterinary Education Equivalence certification process, or another certification process as approved by the board and as required by AS 08.98.165(a)(1); or

(ii) a signed acknowledgment that the applicant will practice only under the direct supervision of a veterinarian who holds a permanent license in this state or who holds a permanent license in another state and a courtesy license in this state;

(5) identifies the special event for which the license is requested;

(6) identifies the scope of practice required for the event;

(7) identifies the applicant's sponsor; and

(8) attests that the applicant has not

(A) had a veterinary license suspended or revoked in any jurisdiction;

(B) been convicted, by a civilian court of this state, the United States, or another state or territory of a felony or misdemeanor involving alcohol or a controlled substance listed in AS 11.71.140 - 11.71.190 within the three years immediately before that date of application for a courtesy license; and

(C) had two or more convictions, by a civilian court of this state, the United States, or another state or territory of a felony or misdemeanor involving alcohol or a controlled substance listed in AS 11.71.140 - 11.71.190 within the five years immediately before the date of application for a courtesy license, unless the applicant has also successfully completed a treatment program related to abuse of alcohol or a controlled substance since the date of the most recent conviction.

(d) The holder of a courtesy license is obligated to uphold the standards of practice identified in 12 AAC 68.070 - 12 AAC 68.190 and is subject to the disciplinary provisions of AS 08.01.075 and AS 08.98.235.

(e) The board will, in its discretion, waive the 30-day application deadline in (b) of this section if the applicant requests a courtesy license to practice veterinary medicine in an emergency situation or if the board determines that the applicant's failure to meet the application deadline is for good cause. Notwithstanding contrary provision of this section, an applicant may submit under this subsection a notarized copy of a license that meets the requirements of (b)(4) of this section in lieu of license verification from the other jurisdiction.

(f) In this section,

(1) "direct supervision" means the supervising veterinarian is

(A) available for immediate consultation; and

(B) if necessary in the professional judgment of the supervising veterinarian, is physically on the premises with the courtesy license holder;

(2) "emergency situation" means a situation that is unforeseen and potentially threatening to human or animal life;

(3) "special event" means a

(A) sporting event or emergency situation specifically recognized by the board;

(B) specialty clinic in veterinary medicine conducted by a specialist certified by the AVMA and the clinic is limited to the discipline of veterinary medicine in which the courtesy license holder is certified as a specialist;

(C) spay-and-neuter clinic in a community with no established veterinary service and off the interconnected road system; or

(D) job interview to aid in the recruiting or hiring process for a position offered by a veterinarian licensed in this state;

(4) "sponsor" means a veterinarian licensed in this state or a representative of a veterinary association in this state who serves as the in-state contact for the board and the public on matters related to a courtesy license holder or applicant, including the courtesy license application, access to patient medical records, and provision of veterinary medical equipment.

(g) A sponsor is responsible for assigning a supervising veterinarian for a courtesy license holder who is required to practice under a supervising veterinarian. A sponsor may not be a competitor in the sporting event for which the courtesy license holder received a license.

History

Authority: AS 08.01.062; AS 08.98.050; AS 08.98.165
Eff. 10/21/92, Register 124; am 12/8/95, Register 136; am 5/9/98, Register 146; am 1/1/2000, Register 152; am 4/9/2005, Register 174; am 11/4/2009, Register 192; am 7/7/2013, Register 207; am 1/20/2018, Register 225; am 4/18/2024, Register 250

12 AAC 68.043 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a veterinarian or veterinary technician to an applicant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit an application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(5) must demonstrate that the jurisdiction of current licensure required the education in AS 08.98.165(a)(l) or 12 AAC 68.310(b)(4)(A), as applicable, as a condition of licensure;

(6) must demonstrate that the jurisdiction of current licensure required a passing examination score as shown on the form required under 12 AAC 68.035(a)(6) or 12 AAC 68.315(a), as applicable, as a condition of licensure; and

(7) may not have been convicted of a crime that affects the applicant's ability to practice veterinary medicine or as a veterinary technician competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.98.235 or 12 AAC 68.048.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.98.050
Eff. 1/29/2023, Register 245

12 AAC 68.045 Temporary license

(a) An applicant for a temporary license to practice as a veterinarian shall submit

(1) a completed application for a temporary license on a form provided by the department;

(2) the temporary license fee established under 12 AAC 02.350;

(3) a notarized copy of the applicant's veterinary school diploma from an accredited veterinary school, an official transcript from an accredited veterinary school, or an official record showing completion of the Educational Commission for Foreign Veterinary Graduates certification, the Program for the Assessment of Veterinary Education Equivalence certification, or another certification process as approved by the board and as required under AS 08.98.165(a)(1); and

(4) a statement signed by the supervising veterinarian, on a form provided by the department, indicating that the applicant will be employed under the veterinarian's supervision until the applicant's examination results for the examination under 12 AAC 68.015(b) are reported with a passing score of at least 90 percent.

(b) Repealed 5/30/2015.

History

Authority: AS 08.98.050; AS 08.98.165 AS 08.98.080; AS 08.98.180
Eff. 10/21/92, Register 124; am 8/13/2000, Register 155; am 5/30/2015, Register 214; am 9/20/2020, Register 235; am 4/18/2024, Register 250

12 AAC 68.046 Temporary permits

(a) The board will issue a temporary permit to conduct the veterinarian practice of a person licensed in the state who is, or will be, absent from practice to an applicant who submits

(1) a completed application, on a form provided by the department, including the signatures of both the applicant and the licensee;

(2) the applicable fees established in 12 AAC 02.350;

(4) verification of licensure and evidence of good standing as set out in 12 AAC 68.048 from another jurisdiction where the applicant is currently licensed.

(b) A temporary permit is valid for 60 days after issuance. Upon request to the board and payment of the applicable fees established in 12 AAC 02.350, a temporary permit may be renewed for an additional 60-day period.

(c) In this section, "currently licensed" includes holding a veterinary license that is inactive in another jurisdiction, if the license may be returned to active status by the payment of fees and meeting continuing education requirements.

History

Authority: AS 08.98.050; AS 08.98.186
Eff. 1/1/2000, Register 152; am 4/9/2005, Register 174; am 9/20/2020, Register 235; am 4/18/2024, Register 250

12 AAC 68.047 Renewal and reinstatement of license

(a) An applicant for renewal of a veterinary license, or to reinstate a veterinary license that has been lapsed for 60 days or less, must submit

(1) an application for renewal or reinstatement on a form provided by the department;

(2) the license renewal fee established in 12 AAC 02.350; and

(3) documentation that the applicable continuing education requirements of 12 AAC 68.220 - 12 AAC 68.240 have been met.

(b) An applicant for reinstatement of a veterinary license that has been lapsed for more than 60 days but less than two years must submit, in addition to the items required in (a) of this section, the delayed renewal penalty fee established in 12 AAC 02.350.

(c) An applicant for reinstatement of a veterinary license that has been lapsed for two years or more, but less than five years must submit

(1) an application for reinstatement on a form provided by the department;

(2) the applicable license renewal and delayed renewal penalty fees established in 12 AAC 02.350; and

(3) documentation of completion of all continuing education requirements in 12 AAC 68.220 - 12 AAC 68.240 that the applicant would have been required to meet to maintain a current license for the entire period that the license has been lapsed.

(d) A veterinary license that has been lapsed for five years or more may not be reinstated. The former licensee may apply for a new license under AS 08.98 and this chapter.

(e) A licensee or former licensee who was unable to obtain the required continuing education hours for renewal or reinstatement of a veterinary license due to reasonable cause or excusable neglect, may request an exemption from those requirements. The applicant must submit to the board a written request for an exemption that explains the reasonable cause or excusable neglect. If the board decides to grant the exemption, the board may require an alternative method of compliance with the continuing education requirements to ensure the applicant's continued competency.

(f) In this section, "reasonable cause or excusable neglect" includes

(1) chronic illness;

(2) retirement;

(3) personal or family hardship; or

(4) other similar circumstances as determined by the board.

History

Authority: AS 08.01.065; AS 08.98.050; AS 08.98.200 AS 08.01.100; AS 08.98.190
Eff. 4/9/2005, Register 174

12 AAC 68.048 Good standing

(a) When determining whether an applicant is in good standing under AS 08.98 and this chapter, the board will consider whether the applicant

(1) has ever received a disciplinary sanction arising from the applicant's practice of veterinary medicine, including a fine, reprimand, license suspension or revocation (except for a license action for nonpayment of license renewal fees), probationary limitation, voluntary surrender of a license in lieu of discipline, or consent agreement containing conditions placed by a veterinary licensing authority on the applicant's professional conduct and practice;

(2) has had federal Drug Enforcement Administration (DEA) privileges that have been restricted or revoked;

(3) is currently under investigation by another veterinary licensing authority for acts that would provide a basis for disciplinary action in this state;

(4) has a physical or mental impairment, or an addiction to, severe dependency on, or habitual overuse of alcohol or other drugs, that impairs the applicant's ability to practice veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) has ever been convicted of a felony;

(6) has ever been convicted of a crime arising from conduct substantially related to the practice of veterinary medicine;

(7) has any pending criminal charges;

(8) is of good moral character;

(9) has submitted the applicable four letters of professional reference required under 12 AAC 68.010(a)(7) or 12 AAC 68.035(a)(7) stating that the applicant is professionally competent, reliable, and worthy of confidence.

(b) An applicant must provide information about any administrative, civil, or criminal action listed in (a) of this section in sufficient detail to enable the board to determine the circumstances and seriousness of the conduct, and whether and how it was related to the practice of veterinary medicine. The information required under this subsection must be supplied to the board directly from the appropriate authorities.

History

Authority: AS 08.98.050; AS 08.98.180; AS 08.98.186 AS 08.98.165; AS 08.98.184
Eff. 1/1/2000, Register 152; am 5/11/2007, Register 182

Article 2 Standards of Practice

12 AAC 68.050 Evidence of incompetence

Repealed 7/11/81.

12 AAC 68.060 Approved schools

Repealed 7/11/81.

12 AAC 68.070 Conflict of interest

It is unprofessional to represent conflicting interests, except by express consent of all concerned, given after a full disclosure of the facts. A conflict of interest results when a veterinarian is employed by a buyer to inspect an animal for soundness or other reason, and he or she accepts a fee from the seller. Acceptance of a fee from both the buyer and the seller is grounds for disciplinary sanction under AS 08.98.235(2) and (6).

History

Authority: AS 08.98.050
Eff. 3/27/71, Register 37; am 7/11/81, Register 79; am 4/10/88, Register 106

12 AAC 68.080 Treatment of patients

A licensed veterinarian shall exercise the degree of care, skill, and diligence in treating patients that is ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in the community in which the veterinarian practices. Failure to comply with this section constitutes incompetence for the purpose of AS 08.98.235.

History

Authority: AS 08.98.050; AS 08.98.235
Eff. 3/27/71, Register 37; am 7/11/81, Register 79; am 5/9/98, Register 146

12 AAC 68.090 Certificate of health

No licensed veterinarian may issue a certificate of health of an animal unless he or she performs the inspection and the appropriate tests if required.

History

Authority: AS 08.98.050
Eff. 3/27/71, Register 37; am 4/10/88, Register 106

12 AAC 68.100 Confidential relationship

(a) A licensed veterinarian shall maintain a confidential relationship with the client or the client's authorized agent.

(b) Nothing in this section limits or interferes with a licensed veterinarian's ability to report suspected animal abuse.

History

Authority: AS 08.98.050
Eff. 3/27/71, Register 37; am 4/10/88, Register 106; am 9/19/2009, Register 191

12 AAC 68.110 Testimonials

Repealed 7/11/81.

12 AAC 68.120 Soliciting

Repealed 7/11/81.

12 AAC 68.130 Objectives of the profession

The principal objectives of the veterinary profession are to render veterinary services to society, to assist in conserving livestock resources, and to assist in relieving suffering of animals. A veterinarian should further these objectives.

History

Authority: AS 08.98.050
Eff. 4/22/83, Register 86

12 AAC 68.140 Emergency veterinary services

A veterinarian shall establish a method by which veterinary services will be available to patients in cases of emergency.

History

Authority: AS 08.98.050
Eff. 4/22/83, Register 86; am 5/9/98, Register 146

12 AAC 68.150 Prohibited advertising

A veterinarian may not personally, or on behalf of an associate, use or allow to be used any form of public communication or advertising that

(1) is false or misleading;

(2) refers to secret methods of treatment;

(3) is not identified as a paid advertisement; or

(4) states or implies that a veterinarian is a certified specialist unless the veterinarian is certified in that specialty by a board recognized by the American Veterinary Medical Association.

History

Authority: AS 08.98.050
Eff. 4/22/83, Register 86; am 4/10/88, Register 106; am 5/9/98, Register 146

12 AAC 68.160 Reporting illegal practice

A veterinarian shall report to the division incidents that the veterinarian believes to be violations of laws regulating the practice of veterinary medicine.

History

Authority: AS 08.98.050
Eff. 4/22/83, Register 86; am 4/10/88, Register 106; am 5/9/98, Register 145

12 AAC 68.170 Exercise of professional judgment and skills

Repealed.

History

Eff. 4/22/83, Register 86; repealed 5/9/98, Register 146

12 AAC 68.180 Patient abandonment by veterinarian

Repealed.

History

Eff. 4/22/83, Register 86; repealed 5/9/98, Register 146

12 AAC 68.190 Patient abandonment by owner

(a) If a patient is abandoned by its owner at a veterinary clinic authorized to service the patient, and the owner refuses to claim the patient and pay the fees for services rendered, the veterinarian will be practicing the proper standard of care under AS 08.98 and this chapter for the patient if

(1) the veterinarian sends a notice of abandonment by certified mail to the last known address of the owner and the owner does not respond to the notice within ten days by claiming the patient and paying the fees for services rendered; and

(2) the veterinarian makes reasonable efforts to reach the owner.

(b) If the owner of a patient does not respond to the notice of abandonment, as described in (a) of this section, the veterinarian may dispose of the patient by sale, placement, or humane euthanasia.

History

Authority: AS 08.98.050
Eff. 4/22/83, Register 86; am 1/1/2000, Register 152

12 AAC 68.200 Emergency treatment

Repealed.

History

Eff. 4/22/83, Register 86; repealed 5/9/98, Register 146

12 AAC 68.210 Prohibited transactions

Repealed.

History

Eff. 4/22/83, Register 86; repealed 5/9/98, Register 146

12 AAC 68.215 Veterinarian-client-patient relationship

(a) A veterinarian-client-patient relationship exists, and a licensed veterinarian may engage in the practice of veterinary medicine for the patient, if the veterinarian

(1) conducts an initial physical meeting with the client and patient, at which the veterinarian

(A) performs a physical examination on the patient; or

(B) is personally acquainted with the keeping and care of the patient through medically appropriate visits to the premises where the patient is maintained;

(2) has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the patient's medical conditions;

(3) has assumed responsibility for making clinical judgments for the health of the patient and the need for medical therapy, and has instructed the client on a course of therapy appropriate to the circumstance;

(4) maintains records for the patient; and

(5) provides oversight of treatment and is readily available to provide, or has provided for, follow-up medical care in the event of adverse reactions or failure of the treatment regimen.

(b) Once a veterinarian-client-patient relationship is established under (a) of this section, it may be maintained by electronic or telephonic means during the 12 months that follow the initial examination or premises visit. Not later than 12 months after the initial physical examination or medically appropriate visit of the premises, the licensed veterinarian, client, and patient must meet for another physical examination or premises visit. Each additional physical examination or premises visit must occur not later than 12 months after the prior physical exam or premises visit for the veterinarian-client-patient relationship to continue.

(d) A licensed veterinarian who in good faith engages in the practice of veterinary medicine by rendering or attempting to render emergency care to a patient when a client cannot be identified, or where a veterinarian-client-patient relationship is not established, is not subject to discipline based solely on the veterinarian's inability to establish a veterinarian-client-patient relationship.

(e) Notwithstanding the requirements in (a)(1) of this section for an initial physical meeting, a veterinarian licensed in this state may conduct an initial evaluation of a patient through electronic or telephonic means only in remote regions of this state where there is no locally available veterinarian if

(1) travel for a physical examination or premises visit with the client is impossible;

(2) the veterinarian requests that, when reasonably achievable, the patient be presented for an in-person examination or that the veterinarian conduct a medically appropriate visit to the premises where the patient is kept; and

(3) the veterinarian provides the client with the veterinarian's identity and clinic address.

(f) A veterinarian providing care for patients under (e) of this section does not establish a veterinarian-client-patient relationship without having met the requirements of (a)(2) - (5) and (b) of this section.

History

Authority: AS 08.98.050
Eff. 5/5/2023, Register 246

Article 3 Continuing Competency Requirements for Veterinarians and Veterinary Technicians

12 AAC 68.220 Continuing competency requirements

(a) Except as provided in 12 AAC 68.225, an applicant for renewal of a veterinarian license must certify having completed 30 contact hours of continuing education during the concluding licensing period.

(b) Except as provided in 12 AAC 68.225, an applicant for renewal of a veterinary technician license must certify having completed 10 contact hours of continuing education during the concluding license period.

(1) one contact hour equals a minimum of 50 minutes of instruction;

(2) one continuing education unit awarded by a professional association equals 10 contact hours;

(3) one academic semester credit hour equals 15 contact hours;

(4) one academic quarter credit hour equals 10 contact hours.

History

Authority: AS 08.98.050; AS 08.98.080
Eff. 4/22/83, Register 86; am 12/27/90, Register 116; am 10/21/92, Register 124; am 5/9/98, Register 146

12 AAC 68.225 Continuing competency requirements for first-time license renewal

(a) A veterinarian who is applying for license renewal for the first time shall certify having completed 15 contact hours of continuing education for each complete calendar year that the applicant was licensed during the concluding licensing period.

(b) A veterinary technician who is applying for license renewal for the first time shall certify having completed five contact hours of continuing education for each complete calendar year that the applicant was licensed during the concluding licensing period.

History

Authority: AS 08.98.050; AS 08.98.080
Eff. 5/9/98, Register 146

12 AAC 68.230 Approved continuing education programs

(a) A veterinarian or veterinary technician shall obtain the number of continuing education contact hours required by 12 AAC 68.220 in a continuing education program sponsored by

(1) the American Veterinary Medical Association;

(2) allied veterinary medical associations and veterinary specialty boards recognized by the American Veterinary Medical Association;

(3) a state or local veterinary association;

(4) an accredited veterinary school;

(5) other formal, organized professional associations approved by the board;

(6) courses approved by the board;

(7) the American Association of Veterinary State Boards Registry of Approved Continuing Education (RACE Program);

(8) the United States Department of Agriculture;

(9) Departments of Fish and Game or an equivalent governmental agency in another state; or

(10) the division within the Department of Health that oversees public health or an equivalent governmental agency in another state.

(b) Not less than two-thirds of the total continuing education contact hours required under this chapter must be in medical programs.

(1) medical and surgical topics that are evidence-based, including the science of diagnosis, treatment, prevention of disease, and conditions relating directly to patients;

(2) topics in veterinary science that are not specifically clinical in nature but consider the comprehensive range of the practice of veterinary medicine or the practice of a veterinary technician or technologist, including topics related to One Health and public veterinary practice, epidemiology, food safety, public health, animal welfare, antimicrobial stewardship, and in-service training for publicly employed veterinary medical professionals;

(3) medical and surgical subject matter that is case-based, anecdotal, or undergoing scientific investigation; and

(4) programs discussing topics considered integrative, alternative, or complementary, if designed for an audience of veterinary professionals.

(d) Not more than one-third of the total continuing education contact hours required under this chapter may be in non-medical topics.

(e) For the purposes of this section, non-medical topics may include

(1) practice management;

(2) regulatory compliance;

(3) jurisprudence;

(4) medical records;

(5) software management;

(6) the art of veterinary practice;

(7) communication;

(8) veterinary ethics; and

(9) subjects that improve the licensee's professional wellness including

(A) diversity, equity, and inclusion principles; and

(B) mental health, depression, compassion fatigue, burnout, or suicidal ideation.

History

Authority: AS 08.98.050; AS 08.98.080
Eff. 4/22/83, Register 86; am 12/27/90, Register 116; am 10/21/92, Register 124; am 5/9/98, Register 146; am 4/9/2005, Register 174; am 8/10/2012, Register 203; am 7/1/2022, Register 242; am 8/16/2025, Register 255

12 AAC 68.240 Certification of compliance

(a) A veterinarian or veterinary technician shall submit, on a form provided by the department, a statement of compliance with the continuing competency requirements of 12 AAC 68.220 - 12 AAC 68.230, at the time of license renewal.

(b) The board will, in its discretion, require a veterinarian or veterinary technician to submit additional evidence of compliance with the continuing competency requirements. The veterinarian or veterinary technician shall maintain evidence of compliance with continuing competency requirements for three years from the date the continuing competency was received.

History

Authority: AS 08.98.050; AS 08.98.080
Eff. 4/22/83, Register 86; am 12/27/90, Register 116; am 10/21/92, Register 124; am 5/9/98, Register 146

Article 4 Veterinary Technicians

12 AAC 68.300 Veterinary technician scope of practice

(a) A veterinary technician must be

(1) licensed by the board;

(2) the employee of a veterinarian licensed under AS 08.98; and

(3) knowledgeable in

(A) the care and handling of animals;

(B) the basic principles of animal health; and

(b) The duties of a veterinary technician are limited to the performance of those services for which the veterinary technician is trained and which are compatible with the scope of AS 08.98. A veterinary technician may provide advanced animal care services, including the dispensing of medicine, only under the supervision and direction of a veterinarian licensed under AS 08.98.

(1) prescribe medicine;

(2) perform surgery; or

(3) diagnose, prognose, or interpret diagnostic test results.

(d) In this section, "under the supervision and direction of a licensed veterinarian" means that the veterinary technician performs those animal care duties delegated by, and within the routine practice of, the supervising veterinarian licensed under AS 08.98 and that the supervising veterinarian

(1) accepts all responsibility for the quality and effectiveness of the care provided by the veterinary technician;

(2) personally examines the animals cared for by the veterinary technician to assure that the animal has received the proper care; however, a licensed veterinary technician may provide care to an animal under the remote direction of the technician's supervising veterinarian licensed under AS 08.98 in communities that do not have an established veterinary practice;

(3) does all billing for the services provided by a veterinary technician.

(e) A person who is obtaining on-the-job training to meet the requirements of 12 AAC 68.310(b)(4)(B), may perform veterinary technician duties described in 12 AAC 68.300 only under the direct supervision of a licensed veterinarian or licensed veterinary technician.

(f) For the purpose of this section,

(1) "direct supervision" means the licensed veterinarian or the licensed veterinary technician who is supervising the person who is obtaining on-the-job training is on the premises and is quickly and easily available;

(2) "advanced animal care services" means the science and art of providing all aspects of professional medical care and treatment for animals; "advanced animal care services" does not include diagnosis, prognosis, surgery, and prescription for animals.

History

Authority: AS 08.98.050; AS 08.98.080; AS 08.98.120
Eff. 6/29/84, Register 90; am 10/21/92, Register 124; am 5/9/98, Register 146; am 8/13/2000, Register 155; am 9/2/2001, Register 159; am 8/10/2012, Register 203; am 4/18/2024, Register 250

12 AAC 68.310 Veterinary technician licensing requirements

(a) Deleted.

(b) The board will, in its discretion, license a person as a veterinary technician who

(1) submits a completed application on the form provided by the department;

(2) pays the application and license fees established in 12 AAC 02.350;

(3) has passed the examination required in 12 AAC 68.315;

(4) documents the required education and training by providing

(A) official transcripts showing successful completion of a veterinary technician training program accredited by the American Veterinary Medical Association or the Canadian Veterinary Medical Association; or

(B) employment verification forms completed by the supervising veterinarian verifying that the applicant has been working at least 700 hours a year for at least two of the previous three years immediately preceding the date of application, of which one year must be within this state; but a technician who is currently licensed in another state and meets the employment verification requirements listed in this subparagraph is not required to work for one year within this state;

(5) on a form provided by the department, submits three letters of professional reference completed by persons familiar with the applicant's education or training as a veterinary technician stating that the applicant is professionally competent, reliable, and worthy of confidence; at least two letters of reference must be completed by veterinarians licensed in this state or another jurisdiction; if the applicant graduated from a veterinary technician training program within the two years immediately preceding the date of application, letters of professional reference from instructors at the applicant's veterinary technician training program may be substituted for the letters of professional reference from veterinarians; a letter of professional reference must be sent directly to the department from the person completing the professional reference;

(6) submits any other documentation that the board determines is necessary to determine whether the applicant meets the requirements of this section; and

(7) submits verification of licensure as a veterinary technician from each state where the applicant holds or has ever held a veterinary technician license.

History

Authority: AS 08.98.050; AS 08.98.080; AS 08.98.167
Eff. 6/29/84, Register 90; am 10/21/92, Register 124; am 5/9/98, Register 146; am 5/23/2003, Register 166; am 5/11/2007, Register 182; am 8/10/2012, Register 203; am 5/30/2015, Register 214; am 1/20/2018, Register 225

12 AAC 68.315 Veterinary technician examination

(a) The examination required for license as a veterinary technician is the Veterinary Technician National Examination sponsored by the American Association of Veterinary State Boards.

(b) Repealed 4/18/2024.

(d) Repealed 4/18/2024.

History

Authority: AS 08.98.050; AS 08.98.080; AS 08.98.167
Eff. 10/21/92, Register 124; am 5/9/98, Register 146; am 9/2/2001, Register 159; am 4/9/2005, Register 174; am 5/30/2015, Register 214; am 7/24/2022, Register 243; am 4/18/2024, Register 250

12 AAC 68.320 Veterinary aides and assistants

Repealed 10/21/92.

12 AAC 68.330 Unethical conduct of a veterinary technician

The following conduct is unethical for a veterinary technician and is grounds for disciplinary action under AS 08.98.235:

(1) practicing or offering to practice as a veterinary technician without being employed and supervised by a licensed veterinarian;

(2) accepting a payment for services rendered as a veterinary technician from someone other than the veterinary technician's employer;

(3) compromising the confidentiality of the veterinarian-client relationship as described in 12 AAC 68.100;

(4) failing to acknowledge that the veterinary technician is not a licensed veterinarian;

(5) failing to acknowledge that the veterinary technician is an employee of a veterinarian;

(6) undertaking procedures or performing treatment that has not been authorized by the supervising veterinarian;

(7) undertaking procedures or performing treatment that the veterinary technician is not trained or competent to perform.

History

Authority: AS 08.98.050; AS 08.98.080; AS 08.98.235
Eff. 10/21/92, Register 124

12 AAC 68.360 Veterinary aides and assistants

Repealed.

History

Eff. 6/29/84, Register 90; am 10/21/92, Register 124; repealed 5/9/98, Register 146

Article 5 Student Permit

12 AAC 68.500 Student permit

(a) The board will issue a student permit to an applicant who meets the requirements of AS 08.98.188 and this section.

(b) An applicant for a student permit under this section must submit to the department

(1) a complete application, on a form provided by the department;

(2) repealed 5/16/2020;

(3) a letter of good standing from the dean of the applicant's accredited college of veterinary medicine verifying the applicant is in the applicant's fourth year of veterinary school; and

(4) a signed sponsor statement from a veterinarian licensed in this state stating that the veterinarian will supervise the student as specified in AS 08.98.188.

(c) A student permittee must be sponsored by a specific veterinarian licensed in this state, but may work under the appropriate supervision of another veterinarian licensed in this state in the same practice as the sponsor.

(d) A student permit issued under this section is nonrenewable and is valid for one year from the date of issue or until the date of the applicant's graduation from the applicant's accredited college of veterinary medicine, whichever occurs first.

History

Authority: AS 08.98.050; AS 08.98.188
Eff. 9/19/2009, Register 191; am 5/16/2020, Register 234

Article 6 General Provisions

12 AAC 68.900 Prescription labeling

(a) All drugs prescribed and dispensed by a veterinarian for patient treatment must be labeled at the time of dispensing.

(b) The prescription label, or unit dosage package, must contain

(1) name of the owner of the patient;

(2) name of the prescribing veterinarian;

(3) name of the drug;

(4) strength and quantity of the drug;

(5) date dispensed;

(6) name and address of the veterinary facility dispensing the drug; and

(7) directions for the owner administering the drug to the patient.

History

Authority: AS 08.98.050
Eff. 6/29/84, Register 90; am 8/10/2012, Register 203

12 AAC 68.910 Medical records

(a) A licensed veterinarian or veterinary medical facility shall maintain an individual record on every client or patient consultation.

(b) Original patient medical records must be retained by the veterinary medical facility or licensed veterinarian who prepared them, including all electrocardiogram tracings, radiographs, and results of laboratory tests. It is the responsibility of the veterinary medical facility or licensed veterinarian to safeguard patient and client information against loss, tampering, or use by unauthorized persons.

(c) Copies of a licensee's record or a summary report of the record, and copies of all data and papers pertaining to a particular patient must be furnished to the patient's owner, designated veterinarian, or duly authorized representative within 30 days after a written request by the owner or duly authorized representative, or within a shorter time if necessary for the care of the patient. A reasonable fee to cover the cost of preparing or obtaining the copies may be charged.

(d) Patient medical records may not be released to a third party without the written consent of the patient's owner, except that

(1) information on spaying, neutering, or rabies vaccination may be released to public health and animal control agencies without written consent; and

(2) copies of records or case summaries may be sent to other veterinarians, veterinary medical facilities, or public health agencies requiring the information for therapeutic, statistical, or other medical purposes without written consent.

(e) Unless released to the client, patient medical records must be retained by the veterinary medical facility or licensed veterinarian for a minimum of five years. Records may be disposed of by tearing, shredding, burning, or electronic disposal, so that the records are totally destroyed.

History

Authority: AS 08.98.050
Eff. 2/10/85, Register 93; am 5/9/98, Register 146; am 7/24/2022, Register 243

12 AAC 68.920 Board member absences

The board will, in its discretion, recommend to the governor that a member be removed from the board if that member has been absent for any reason from three board meetings within a two-year period.

History

Authority: AS 08.01.020; AS 08.98.050
Eff. 12/27/90, Register 116

12 AAC 68.930 Registration with the prescription drug monitoring program controlled substance prescription database

Repealed.

History

Eff. 5/16/2020, Register 234; am 7/24/2022, Register 243; repealed 4/18/2024, Register 250

12 AAC 68.935 Compliance with the prescription drug monitoring program controlled substance prescription database

Repealed.

History

Eff. 7/24/2022, Register 243; repealed 4/18/2024, Register 250

12 AAC 68.990 Definitions

In this chapter

(1) "client" means the person who owns or is responsible for the care of an animal;

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

(3) "patient" means the animal or animals under the care of a veterinarian;

(4) "division" means the division of corporations, business and professional licensing in the department;

(5) "board" means the Board of Veterinary Examiners established under AS 08.98.010.

(6) "veterinary facility" or "veterinary medical facility"

(A) means any premises or facility where the practice of veterinary medicine is performed, including a mobile clinic, temporary clinic, outpatient clinic, veterinary hospital or clinic, emergency facility, specialty facility, referral facility, or veterinary center;

(B) does not include the premises of

(i) a veterinary client;

(ii) a research facility; or

(iii) the United States armed forces.

History

Authority: AS 08.98.050
Eff. 4/10/88, Register 106; am 5/9/98, Register 146; am 1/1/2000, Register 152; am 5/16/2020, Register 234; am 7/24/2022, Register 243

Chapter 70 Board of Certified Real Estate Appraisers

Article 1 Application and Examination Requirements

12 AAC 70.100 Application for general real estate appraiser certification by examination

(a) The board will issue a certification by examination to practice as a general real estate appraiser to an applicant who meets the requirements of AS 08.87.110(a), 12 AAC 70.130(a)(1), and this section.

(b) An applicant for certification under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) official transcripts, official copies of certificates of completion, or other evidence of course completion acceptable to the board that verify the applicant's completion of the education requirements in 12 AAC 70.115(a) and (b);

(C) work experience verification forms and a log of completed appraisals, on a form provided by the department, that meet the requirements of 12 AAC 70.110 and that verify the real estate appraisal experience required in 12 AAC 70.108(a); and

(D) subject to the penalties of unsworn falsification as defined in AS 11.56.210, a list of crimes described in AS 08.87.110 and AS 08.87.210 for which the applicant has been convicted; and

(2) pay any fees required in 12 AAC 02.370.

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 7/16/92, Register 123; am 12/13/94, Register 133; am 6/28/2015, Register 214; am 12/28/2018, Register 228; am 1/1/2026, Register 256

12 AAC 70.105 Application for residential real estate appraiser certification by examination

(a) The board will issue a certification by examination to practice as a residential real estate appraiser to an applicant who meets the requirements of AS 08.87.110(b) and this section.

(b) An applicant for certification under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) official transcripts, official copies of certificates of completion, or other evidence of course completion acceptable to the board that verify the applicant' s completion of the education requirements in 12 AAC 70.115(c) and (d);

(C) work experience verification forms and a log of completed appraisals that meet the requirements of 12 AAC 70.110 and that verify the real estate appraisal experience required in 12 AAC 70.108(b);

(D) subject to the penalties of unsworn falsification as defined in AS 11.56.210, a list of crimes described in AS 08.87.110 and AS 08.87.210 for which the applicant has been convicted; and

(E) a copy of the work product from a minimum of two appraisals performed by the applicant, selected by the board, and included in the log of appraisals submitted under 12 AAC 70.110(a); and

(2) pay any fees required in 12 AAC 02.370.

(1) the board has approved the applicant's work product submitted under (b)(1)(E) of this section; and

(2) the applicant has passed the examination required under AS 08.87.110(b)(3) and 12 AAC 70.130.

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 7/16/92, Register 123; am 12/13/94, Register 133; am 6/28/2015, Register 214; am 12/28/2018, Register 228; am 1/1/2026, Register 256

12 AAC 70.106 Application for general real estate appraiser or residential real estate appraiser certification by reciprocity

(a) The board will issue a certification to practice as a general real estate appraiser or residential real estate appraiser by reciprocity to an applicant who meets the requirements of AS 08.87.110(c) and this section.

(b) An applicant for certification under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include the personal identification information requested on the form;

(2) pay any fees required in 12 AAC 02.370; and

(3) submit verification of current certification or licensure from another state on a form provided by the department

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 6/28/2015, Register 214

12 AAC 70.107 Application for institutional real estate appraiser certification by examination

(a) The board will issue a certification by examination to practice as an institutional real estate appraiser to an applicant who meets the requirements of AS 08.87.110(e) and this section.

(b) An applicant for certification under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(2) pay any fees required in 12 AAC 02.370.

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 4/15/94, Register 130; am 12/13/94, Register 133; am 6/28/2015, Register 214; am 1/1/2026, Register 256

12 AAC 70.108 Work experience requirements for real estate appraiser certification

(a) An applicant for certification as a general real estate appraiser shall submit verification of 3,000 hours of appraisal work obtained cumulatively over a period of not less than 18 months. At least 1,500 hours of the appraisal work must be in nonresidential appraisal work. The board will only accept work experience that was obtained after January 30, 1989 and performed in compliance with the USPAP applicable as of the date of appraisal.

(b) An applicant for certification as a residential real estate appraiser shall submit verification of 1,500 hours of appraisal experience obtained cumulatively over a period of not less than 12 months. The board will only accept work experience that was obtained after January 30, 1989 and performed in compliance with the USPAP applicable as of the date of appraisal.

(d) In this section, a residential property is one to four residential units.

History

Authority: AS 08.87.020
Eff. 12/13/94, Register 133; am 2/13/2002, Register 161; am 4/16/2004, Register 170; am 5/24/2007, Register 182; am 9/14/2012, Register 203; am 3/28/2019, Register 229; am 4/8/2021, Register 238; am 1/1/2026, Register 256

12 AAC 70.110 Verification of work experience

(a) An applicant's qualifying work experience must be verified by one or more individuals, on forms provided by the department, and, for an applicant for certification as a general real estate appraiser or a residential real estate appraiser, a log submitted by the applicant of appraisal work performed. If an applicant cannot, for good cause, provide work experience verification forms from one or more individuals, the board may consider and approve other kinds of work experience verification.

(b) The board will accept a work experience verification form only if it is notarized and has been completed by

(1) a licensed construction contractor;

(2) a federal or state regulated lender;

(3) a present or former employer of the applicant;

(4) an officer of a state or federal agency; or

(5) an officer of a company that customarily uses the services of a real estate appraiser who has recent knowledge of the applicant's experience on that company's behalf.

(d) Repealed 12/13/94.

(e) At the request of the board, an applicant for certification as a general real estate appraiser or a residential real estate appraiser shall submit a copy of the work product from any appraisal performed by the applicant and included in the log of appraisals submitted under (a) of this section.

History

Authority: AS 08.87.020
Eff. 7/16/92, Register 123; am 4/15/94, Register 130; am 12/13/94, Register 133; am 4/16/2004, Register 170; am 4/8/2021, Register 238

12 AAC 70.111 Application for trainee appraiser to residential real estate appraiser certification

(a) A trainee appraiser who is applying to transition as a certified residential real estate appraiser must

(1) submit a completed application, on a form provided by the department; the application must include

(A) the personal identification information requested on the form;

(B) the official transcripts showing the applicant has met the degree requirements of 12 AAC 70.115(c);

(i) the core curriculum hours as specified in 12 AAC 70. lS(d); and

(ii) the educational hours required for an appraiser holding the trainee appraiser credential to receive the certified residential real property appraiser credential, as specified in the certified residential real property appraiser classification of The Real Property Appraiser Qualification Criteria, adopted by reference under 12 AAC 70.140(c);

(D) the determination of competency form described in 12 AAC 70.935(c)(3);

(E) the authorization for release of records form; and

(F) work experience verification forms and a log of completed appraisals that meet the requirements of 12 AAC 70.110 and 12 AAC 70.935(f) and that verify the real estate appraisal experience required in 12 AAC 70.108(b);

(2) submit a copy of the work product from a minimum of two appraisals performed by the applicant, selected by the board, and included in the log of appraisals submitted under 12 AAC 70.110(a); and

(3) pay any fees required in 12 AAC 02.370.

(b) A certificate to practice under this section will not be issued until

(1) the board has approved the applicant's work product submitted under (a)(2) of this section; and

(2) the applicant has passed the examination required under AS 08.87.110(h)(3) and 12 AAC 70.130.

History

Authority: AS 08.87.020; AS 08.87.110; AS 08.87.310
Eff. 12/28/2018, Register 228; am 12/23/2022, Register 244; am 1/1/2026, Register 256

12 AAC 70.112 Application for trainee appraiser to general real estate appraiser certification

(a) A trainee appraiser who is applying to transition as a certified general real estate appraiser must

(1) submit a completed application, on a form provided by the department; the application must include

(A) the personal identification information requested on the form;

(B) the official transcripts showing the applicant has met the degree requirements of 12 AAC 70.115(a);

(D) the determination of competency form described in 12 AAC 70.935(c)(3);

(E) the authorization for release of records form; and

(2) submit a copy of the work product from a minimum of two appraisals performed by the applicant, selected by the board, and included in the log of appraisals submitted under 12 AAC 70.110(a); and

(3) pay any fees required in 12 AAC 02.370.

(b) A certificate to practice under this section will not be issued until

(1) the board has approved the applicant's work product submitted under (a)(2) of this section; and

(2) the applicant has passed the examination required under AS 08.87.110(h)(3) and 12 AAC 70.130.

History

Authority: AS 08.87.020; AS 08.87.110; AS 08.87.310
Eff. 12/28/2018, Register 228; am 1/1/2026, Register 256

12 AAC 70.113 Application for residential real estate appraiser to general real estate appraiser certification

A certified residential real estate appraiser who is applying to transition as a certified general real estate appraiser must

(1) submit a completed application, on a form provided by the department; the application must include

(A) the personal identification information requested on the form;

(B) the official transcripts showing the applicant has met the degree requirements of 12 AAC 70.115(a);

(D) the authorization for release of records form;

(2) submit a copy of non-residential work product from a minimum of two appraisals performed by the applicant, selected by the board, and included in the log of appraisals submitted under 12 AAC 70.110(a);

(3) submit work experience verification forms and a log of completed appraisals that meet the requirements of 12 AAC 70.110 and that verify the real estate appraisal experience required in 12 AAC 70.108(a);

(4) submit proof that the applicant has successfully completed and passed the examination described in AS 08.87.110(h)(3) and 12 AAC 70.130(a)(1); and

(5) pay any fees required in 12 AAC 02.370.

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 12/28/2018, Register 228; am 1/1/2026, Register 256

12 AAC 70.115 Education requirements for real estate appraiser certification

(a) An applicant for certification as a general real estate appraiser must document satisfactory completion of 300 creditable classroom hours of instruction that meet the requirements in 12 AAC 70.140 with emphasis on appraisal of nonresidential properties, and a bachelor's degree or higher in any field from an accredited college or university.

(b) An applicant for the Appraiser Qualification Board approved examination for certification as a general real estate appraiser shall document satisfactory completion of 300 creditable classroom hours as specified in the following core curriculum:

(1) basic appraisal principles, 30 hours;

(2) basic appraisal procedures, 30 hours;

(3) the 15-hour national USPAP course or its equivalent, 15 hours;

(4) general appraiser market analysis and the principle of the highest and best use of the property, 30 hours;

(5) statistics, modeling, and finance, 15 hours;

(6) general appraiser sales comparison approach, 30 hours;

(7) general appraiser site valuation and cost approach, 30 hours;

(8) general appraiser income approach, 60 hours;

(9) general appraiser report writing and case studies, 30 hours;

(10) appraisal subject matter electives, 22 hours, and may include hours over the minimum of the course topics required under this subsection;

(11) valuation bias and fair housing laws and regulations, eight hours.

(c) An applicant for certification as a residential real estate appraiser must document satisfactory completion of 200 creditable classroom hours of instruction that meet the requirements in 12 AAC 70.140 with emphasis on appraisal of residential properties, and one of the following:

(1) a bachelor's degree or higher in any field from an accredited college or university;

(2) an associate's degree in a field of study related to business administration, accounting, finance, economics, or real estate;

(3) successful completion of 30 semester hours of college level courses that cover each of the following specific topic areas and hours;

(A) English composition, three hours;

(B) microeconomics, three hours;

(D) finance, three hours;

(E) algebra, geometry, or higher mathematics, three hours;

(F) statistics, three hours;

(G) computer science, three hours;

(H) business or real estate law three hours; and

(I) two elective courses in any of the topics listed in (A) - (H) of this paragraph or in accounting, geography, agricultural economics, business management, or real estate, three hours each; or

(4) successful completion of at least 30 semester hours of the College Level Examination Program (CLEP) examination in the following specific topic areas and hours;

(A) college algebra, three hours;

(B) college composition, six hours;

(D) college mathematics, six hours;

(E) principles of macroeconomics, three hours;

(F) principles of microeconomics, three hours;

(G) introductory business law, three hours; and;

(H) information systems, three hours.

(d) An applicant for the Appraiser Qualification Board examination for certification as a residential real estate appraiser shall document satisfactory completion of 200 creditable classroom hours as specified in the following core curriculum:

(1) basic appraisal principles, 30 hours;

(2) basic appraisal procedures, 30 hours;

(3) the 15-hour national USPAP course or its equivalent, 15 hours;

(4) residential market analysis and the principle of the highest and best use of the property, 15 hours;

(5) residential appraiser site valuation and cost approach, 15 hours;

(6) residential sales comparison and income approaches, 30 hours;

(7) residential report writing and case studies, 15 hours;

(8) statistics, modeling and finance, 15 hours;

(9) advanced residential applications and case studies, 15 hours;

(10) appraisal subject matter electives, 12 hours, and may include hours over the minimum of the course topics required under this subsection;

(11) valuation bias and fair housing laws and regulations, eight hours.

(e) In this section, "residential property" means property with one to four residential units.

(f) An applicant for approval as a trainee appraiser shall document satisfactory completion of 83 creditable classroom hours as specified in the following core curriculum:

(1) basic appraisal principles, 30 hours;

(2) basic appraisal procedures, 30 hours;

(3) the 15-hour national USPAP course or its equivalent, 15 hours;

(4) valuation bias and fair housing laws and regulations, eight hours.

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 12/13/94, Register 133; am 4/16/2004, Register 170; am 1/16/2005, Register 173; am 5/24/2007, Register 182; am 9/14/2012, Register 203; am 6/28/2015, Register 214; am 12/28/2018, Register 228; am 3/28/2019, Register 229; am 1/1/2026, Register 256

12 AAC 70.120 Application for certification by endorsement

(a) The board may issue a certification by endorsement to practice as a general real estate appraiser or residential real estate appraiser to an applicant who meets the requirements or AS 08.87.110(h) and this section.

(b) An applicant for certification under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include the personal identification information requested on the form; and

(2) pay any fees required in 12 AAC 02.370.

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 7/16/92, Register 123; am 12/13/94, Register 133; am 6/13/97, Register 142; am 4/16/2004, Register 170; am 6/28/2015, Register 214

12 AAC 70.125 Application for approval as a trainee appraiser

(a) The board will issue a certification approving a person as a trainee appraiser to an applicant who meets the requirements of 12 AAC 70.935 and this section.

(b) An applicant for certification under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form; and

(B) proof that the applicant has, within the five-year period before the date of submission of the trainee appraiser application, successfully completed and passed

(i) 83 classroom hours of instruction that meet the requirements in 12 AAC 70.115(f) and 12 AAC 70.140(a); and

(ii) the required courses that are specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers and comply with the specifications for course content established by the Appraiser Qualifications Board of The Appraisal Foundation; and

(2) pay any fees required in 12 AAC 02.370.

(1) submit an application for renewal on a form provided by the department; and

(2) provide evidence of satisfactory completion of the applicable continuing education requirements set out under 12 AAC 70.220.

History

Authority: AS 08.87.020; AS 08.87.310
Eff. 4/15/94, Register 130; am 12/13/94, Register 133; am 6/28/2015, Register 214; am 12/28/2018, Register 228; am 1/1/2026, Register 256

12 AAC 70.126 Application for approval as a supervisory appraiser

(a) The board will issue a certification approving a person as a supervisory appraiser to an applicant who is certified to practice as a general real estate appraiser or residential real estate appraiser and who meets the requirements of 12 AAC 70.935 and this section.

(b) An applicant for certification under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) proof that the applicant has successfully completed and passed the required courses that are specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers, and that comply with the specifications for course content established by the Appraiser Qualifications Board of the Appraisal Foundation; the course must be completed by the supervisory appraiser before obtaining a supervisory appraiser credential; and

(2) pay any fees required in 12 AAC 02.370.

History

Authority: AS 08.87.020; AS 08.87.310
Eff. 6/28/2015, Register 214

12 AAC 70.130 Real estate appraiser examinations

(a) To be certified as a real estate appraiser by examination, an applicant must pass the following examination not later than 24 months after being approved to take the examination:

(1) for general or institutional certification, the Uniform State Certification Examination endorsed by the Appraiser Qualifications Board of The Appraisal Foundation; or

(2) for residential certification, the Uniform State Residential Certification Examination endorsed by the Appraiser Qualifications Board of The Appraisal Foundation.

(b) Repealed 1/16/2005.

History

Authority: AS 08.87.020; AS 08.87.110
Eff. 7/16/92, Register 123; am 4/15/94, Register 130; am 1/16/2005, Register 173; am 5/24/2007, Register 182; am 1/1/2026, Register 256

12 AAC 70.135 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a general real estate appraiser, residential real estate appraiser, trainee appraiser, or institutional real estate appraiser who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license under this section

(1) must submit an application on a form provided by the department;

(2) must pay the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit verification on a form provided by the department that the applicant is currently certified, credentialed, or licensed as a general real estate appraiser, residential real estate appraiser, trainee appraiser, or institutional real estate appraiser in another licensing jurisdiction and the applicant's certification, credential, or license as a general real estate appraiser, residential real estate appraiser, trainee appraiser, or institutional real estate appraiser in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the continuing education requirements; and

(5) may not have been convicted of a crime that affects the applicant's ability to practice as a general real estate appraiser, residential real estate appraiser, trainee appraiser, or institutional real estate appraiser competently and safely, as determined by the board.

(e) The board may refuse to issue a temporary military courtesy license for the same reasons that it may deny, suspend, or revoke a license under AS 08.01.075 and AS 08.87.200 - 08.87.220.

History

Authority: AS 08.01.062; AS 08.87.020; AS 08.87.215 AS 08.01.063; AS 08.87.200; AS 08.87.220 AS 08.01.075; AS 08.87.210
Eff. 12/23/2022, Register 244

12 AAC 70.140 Standards for acceptable education

(a) To comply with the real estate appraisal education requirements of 12 AAC 70.115 for initial certification or the registered trainee education requirements of 12 AAC 70.125, an applicant's classroom hours of instruction as defined in 12 AAC 70.910 must

(1) relate directly to real estate appraisal theory or practices;

(2) be obtained through a course approved under 12 AAC 70.145; and

(3) meet the requirements of 12 AAC 70.145.

(b) Only a course that has prior approval of the board under 12 AAC 70.145 will be credited toward the classroom hours of instruction required for certification or registration.

(c) An applicant's classroom hours of education for certification as a general or residential real estate appraiser must include coverage of the full scope of the fundamentals of appraisal theory, principles, and practices and all topics listed in the applicable Appraiser Qualification Criteria developed by the Appraiser Qualifications Board of The Appraisal Foundation, The Real Property Appraiser Qualification Criteria effective January 1, 2026, and adopted by reference. A course that is highly specialized or narrow in focus will not be credited toward an applicant's required classroom hours of instruction unless the applicant has also completed sufficient courses to cover the fundamental aspects of appraisal theory, principles, and practices as set out under this section.

(d) An online course that meets the requirements of this section will be approved under the same process and criteria as an in-person course.

(e) The board will not award credit for non instructional course time except for a maximum of 20 hours spent writing appraisal reports for a course on that subject. The number of hours credited under this subsection may not exceed 50 percent of the total classroom hours awarded for the course for which the appraisal reports were written. The board will award credit under this subsection for not more than one course during an applicant's total classroom hours of instruction.

(f) The board may require additional information if necessary to determine whether an applicant's classroom hours of instruction meet the requirements in this section.

History

Authority: AS 08.87.020; AS 08.87.110; AS 08.87.310
Eff. 7/16/92, Register 123; am 4/15/94, Register 130; am 12/13/94, Register 133; am 6/13/97, Register 142; am 6/5/98, Register 146; am 4/16/2004, Register 170; am 1/16/2005, Register 173; am 5/24/2007, Register 182; am 9/14/2012, Register 203; am 6/28/2015, Register 214; am 10/18/2017, Register 224; am 3/28/2019, Register 229; am 3/5/2023, Register 245; am 1/1/2026, Register 256

12 AAC 70.145 Approval of course or seminar for initial certification or trainee registration

(a) The following courses or seminars are approved by the board to meet the education requirements for initial certification or trainee registration if the courses or seminars meet the requirements of 12 AAC 70.140 and (b) of this section:

(1) a course or seminar offered by a member organization of The Appraisal Foundation;

(2) a course or seminar offered by a regionally accredited junior college, college, or university;

(3) a course or seminar approved by the Appraiser Qualifications Board Course Approval Program of The Appraisal Foundation;

(4) an online education course or seminar approved by the International Distance Education Certification Center.

(b) An education provider or other organization that wishes to sponsor a course or seminar for approval under this section shall submit to the board

(1) a completed application on a form provided by the department;

(2) applicable fees required under 12 AAC 02.370; and

(3) if applying for approval under (a)(3) or (4) of this section, verification that the course or seminar is approved by the Appraiser Qualifications Board or the International Distance Education Certification Center.

(c) The board will use the standards established under this section to determine if a course or seminar that is not approved under (a) of this section contains material sufficiently related to real estate appraisal, and may credit the course or seminar toward an applicant's total classroom hours of instruction.

(d) To receive the board's approval under (b) and (c) of this section, a course or seminar must

(1) have a primary focus directly related to the theories, concepts, principles, practices, techniques, methods, or problems applicable to one or more aspects of real property appraisal;

(2) meet the following requirements:

(A) the course or seminar must offer a verification of attendance;

(B) the course or seminar must require successful completion of a final examination and be a minimum of 15 classroom hours in duration, except that

(i) a course or seminar on valuation bias and fair housing laws and regulations must be a minimum of eight classroom hours in duration;

(ii) time spent on an assignment that is not an appraisal report under 12 AAC 70.140(e) will not be counted toward a minimum course or seminar duration or credited toward the total classroom hours of instruction required for initial certification or trainee registration; and

(3) have the number of hours of instruction sufficient for quality instruction on the subject matter that the course or seminar covers.

(e) A course or seminar that is approved by the board under (d) of this section but is not approved by the Appraiser Qualifications Board or the International Distance Education Certification Center is valid for three years after the date of initial approval. Approval may be renewed by submitting a renewal application on forms provided by the department.

(f) A course or seminar that is approved by the Appraiser Qualifications Board or the International Distance Education Certification Center has an expiration date consistent with the organization's expiration date, as follows:

(1) the department

(A) will update the course or seminar expiration date if the course or seminar provider submits recertification documents;

(B) will not update the course or seminar expiration date if the Appraiser Qualifications Board or International Distance Education Certification Center recertification exceeds three years after the date of initial approval;

(2) approval for a course or seminar that expires after three years may be renewed by submitting a renewal application on forms provided by the department.

(g) The board will maintain a list of courses and seminars approved under 12 AAC 70.140 and this section.

History

Authority: AS 08.87.020; AS 08.87.110; AS 08.87.310
Eff. 6/13/97, Register 142; am 9/16/2000, Register 155; am 1/16/2005, Register 173; am 6/22/2005, Register 174; am 1/1/2026, Register 256

12 AAC 70.150 Application deadline

Repealed.

History

Eff. 12/13/94, Register 133; am 6/13/97, Register 142; repealed 4/8/2021, Register 238

12 AAC 70.160 Real estate appraisal management company registration

(a) An applicant for registration as a real estate appraisal management company shall submit

(1) a complete notarized application on a form approved by the board and provided by the department that includes

(A) the names and addresses of all owners of the company, including natural persons or entities;

(B) the name and contact information of the company's agent if applicable under AS 08.87.135(a)(2);

(D) a list of all states in which the appraisal management company performs appraisals;

(E) the name of the controlling person and evidence satisfactory to the board that the controlling person

(i) has an active real estate appraiser certificate in good standing in a state;

(ii) has not had action under AS 08.87.135(b)(2) taken by this state against a real estate appraiser certificate; and

(iii) is of good moral character; and

(F) certification that the

(i) appraisers on the appraiser panel are in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) and are qualified to conduct federally related transactions under federal law;

(ii) owners are in compliance with (b) of this section; and

(iii) appraisals are conducted independently and free from inappropriate influence and coercion as required by AS 08.87.135(a)(6);

(2) the applicable fees required in 12 AAC 02.370; and

(3) a copy of a surety bond in the amount of $50,000.

(b) In accordance with AS 08.87.135(a)(7), an owner of an appraisal management company may not have had a real estate appraiser certificate denied, cancelled, suspended, revoked, put on probation, or surrendered in lieu of a pending revocation for a substantive cause as determined by the board. A controlling person of a real estate management company must be of good moral character as defined in this section.

(c) "Good moral character" under this section is defined as a personal history of honesty, fairness, and respect for the rights of others and for state and federal law. A person applying for a registration is ineligible for registration due to failure to satisfy the requirement of good moral character if

(1) there is substantial connection between the lack of good moral character of the person and the professional responsibilities of an appraiser, a controlling person, or owner of an appraisal management company; and

(2) the finding by the board of lack of good moral character is supported by clear and convincing evidence.

History

Authority: AS 08.87.020; AS 08.87.130; AS 08.87.135
Eff. 3/28/2019, Register 229; am 4/8/2021, Register 238; am 1/1/2026, Register 256; add'l am 1/1/2026, Register 256

12 AAC 70.165 Real estate appraisal management company and panel standards

(a) A real estate appraisal management company operating in the state shall

(1) be registered in the state if the appraisal management company oversees a panel of more than 15 appraisers certified in the state, or 25 or more appraisers certified in two or more states within a 12-month period;

(2) have a process in place to verify that all appraisers are certified by the state and in good standing, and have geographic competency for the market area in which the appraisal is performed; and

(3) report to the board on a form provided by the department and submit the fee required in 12 AAC 02.370(b)(4) not later than 30 days after a change of

(A) the designated controlling person who meets the requirements of 12 AAC 70.160(a)(1)(E);

(B) an owner who owns more than 10 percent of the company who meets the requirements of 12 AAC 70.160(b); or

(b) A real estate appraisal management company may not remove an appraiser from the appraisal panel until after

(1) written notice has been sent to the appraiser of the removal from the appraiser panel with an explanation and reason for the action;

(2) a written notice is received from the appraiser asking to be removed from the appraiser panel; or

(3) notice of death or incapacitation of the appraiser has been received.

History

Authority: AS 08.01.065; AS 08.87.130 AS 08.87.020; AS 08.87.135
Eff. 3/28/2019, Register 229; am 4/8/2021, Register 238

12 AAC 70.170 Renewal of an appraisal management company registration

A registered appraisal management company applying for renewal of a registration shall submit

(1) a completed renewal application, on a form provided by the department that meets the requirements of AS 08.87.135(e);

(2) the renewal fee required in 12 AAC 02.370; and

(3) proof of current bonding as described in 12 AAC 70.160(a)(3).

History

Authority: AS 08.01.065; AS 08.87.130 AS 08.01.100; AS 08.87.135
Eff. 3/28/2019, Register 229

12 AAC 70.175 Annual reporting and federal registry requirements for appraisal management companies

(a) Not later than June 30 of each year, a registered appraisal management company shall submit

(1) an annual report on a form provided by the department; and

(2) the registry fee required under 12 AAC 02.370(b)(5) for each appraiser on the appraiser panel who performed appraisals for covered transactions in the state during the preceding calendar year.

(b) Not later than June 30 of each year, a federally regulated appraisal management company shall submit

(1) information required by AS 08.87.155 to the board on a form provided by the department; and

(2) the registry fee required under 12 AAC 02.370(b)(5) for each appraiser on the appraiser panel who performed appraisals for covered transactions in the state during the preceding calendar year.

(c) An appraisal management company that fails to submit the required form and corresponding fee by the designated reporting date in (a) and (b) of this section will be recorded as inactive on the appraisal management company registry and may be subject to disciplinary proceedings under AS 08.87.215 and 08.87.220.

History

Authority: AS 08.87.020; AS 08.87.135 AS 08.87.130; AS 08.87.155
Eff. 3/28/2019, Register 229; am 4/8/2021, Register 238; am 1/1/2026, Register 256

12 AAC 70.180 Retention of records and inspection by the board

A registered appraisal management company must retain all records as described in AS 08.87.150 and make the records available to the board or its designee upon request.

History

Authority: AS 08.87.020; AS 08.87.150
Eff. 3/28/2019, Register 229

Article 2 Continuing Education Requirements

12 AAC 70.200 Application for continuing education course or seminar approval

(a) The following courses or seminars are approved for continuing education if they comply with the requirements of 12 AAC 70.210 and (b) of this section:

(1) a course or seminar offered by a member organization of The Appraisal Foundation;

(2) a course or seminar offered by a regionally accredited junior college, college, or university;

(3) a course or seminar approved by the Appraiser Qualifications Board Course Approval Program of The Appraisal Foundation;

(4) an online education course or seminar approved by the International Distance Education Certification Center.

(b) To obtain approval by the board under (a) of this section, the education provider or other organization sponsoring the course or seminar shall submit

(1) a completed application on forms provided by the department;

(2) applicable fees required under 12 AAC 02.370; and

(c) An education provider or other organization that wishes to sponsor a real estate appraisal continuing education course or seminar that is not approved under (a) and (b) of this section shall apply for board approval by submitting

(1) a completed application on forms provided by the department; and

(2) applicable fees required under 12 AAC 02.370.

(d) A course or seminar that is approved by the board under (c) of this section but is not approved by the Appraiser Qualifications Board or the International Distance Education Certification Center is valid for three years after the date of initial approval. Approval may be renewed by submitting a renewal application on forms provided by the department.

(e) A course or seminar approved by the Appraiser Qualifications Board or the International Distance Education Certification Center has an expiration date consistent with the organization's expiration date, as follows:

(1) the department

(A) will update the course or seminar expiration date if the course or seminar provider submits recertification documents;

(2) approval for a course or seminar that expires after three years may be renewed by submitting a renewal application on forms provided by the department.

History

Authority: AS 08.87.020; AS 08.87.120
Eff. 7/16/92, Register 123; am 12/13/94, Register 133; am 6/13/97, Register 142; am 9/16/2000, Register 155; am 6/22/2005, Register 174; am 12/28/2018, Register 228; am 4/8/2021, Register 238; am 1/1/2026, Register 256

12 AAC 70.210 Approved continuing education courses and seminars

(a) To be approved by the board, a continuing education course or seminar must have a primary focus directly related to the theories, concepts, principles, practices, techniques, methods, or problems applicable to one or more aspects of real property appraisal.

(b) The board will approve a course or seminar on the following topics if the course or seminar meets the requirements of (a) of this section:

(1) construction cost estimating;

(2) ethics and standards of professional appraisal practice;

(3) land use planning, zoning, and taxation;

(4) property development;

(5) real estate appraisal, including valuations and evaluations;

(6) real estate financing and investment;

(7) real estate law;

(8) real estate litigation;

(9) real estate appraisal related computer applications;

(10) other topics related to real estate appraisal that are approved by the board.

(c) To be approved by the board, a continuing education course or seminar must include a minimum of two classroom hours that meet the requirements of (a) of this section.

(d) To be approved by the board, a continuing education course or seminar must offer a verification of attendance.

(e) Consistent with the Appraiser Qualification Criteria in The Real Property Appraiser Qualification Criteria, adopted by reference in 12 AAC 70.140, the board will award continuing education credit for participation in one in-person or teleconference board meeting each biennial licensing period if participation meets the requirements of this section and

(1) participant is a certified real estate appraiser subject to the requirements of 12 AAC 70.220;

(2) the board meeting is a minimum of two hours;

(3) the hours claimed for participation do not exceed seven hours;

(4) attendance is maintained throughout the duration of the scheduled meeting; and

(5) participation is documented on a form provided by the department and returned to the board.

(f) An online course that meets the requirements of this section will be approved under the same process and criteria as an in-person course.

History

Authority: AS 08.87.020; AS 08.87.120
Eff. 7/16/92, Register 123; am 4/15/94, Register 130; am 12/13/94, Register 133; am 6/13/97, Register 142; am 6/5/98, Register 146; am 12/30/99, Register 152; am 9/14/2012, Register 203; am 6/28/2015, Register 214; am 12/28/2018, Register 228; am 3/5/2023, Register 245; am 1/1/2026, Register 256

12 AAC 70.215 Approved online courses

Repealed.

History

Eff. 1/7/2001, Register 157; am 1/16/2005, Register 173; am 6/28/2015, Register 214; am 3/5/2023, Register 245; repealed 1/1/2026, Register 256

12 AAC 70.220 Hours of continuing education required

(a) At the time of certificate renewal, an applicant for renewal who has been certified for

(1) 24 months or more shall document satisfactory completion of at least 28 hours of continuing education during the concluding licensing period;

(2) at least 185 days, but less than 24 months, shall document satisfactory completion of at least 14 hours of continuing education during the concluding licensing period;

(3) less than 185 days is not required to meet continuing education requirements for that renewal.

(b) The board will not recognize continuing education hours claimed by an applicant for renewal for taking the same or substantially identical course or seminar more than once during a certification period.

(c) Credit is given for classroom and examination hours only and not for hours devoted to class preparation or completion of assignments. A classroom hour is defined in 12 AAC 70.910.

(d) Only a course or seminar that has prior approval of the board under 12 AAC 70.200 will be credited towards the requirements of (a) of this section.

(e) As part of the requirements of (a)(l) of this section, an applicant for renewal of a certificate shall document satisfactory completion of

(1) the 7-Hour National USPAP Continuing Education Course, taught by an Appraiser Qualifications Board certified instructor who is a certified appraiser, or a course determined by the Appraiser Qualifications Board Course Approval Program of the Appraisal Foundation to be equivalent to the 7-Hour National USPAP Continuing Education Course; an applicant's completion of the 15-hour national USPAP course used for certification under 12 AAC 70.115 may not be used to satisfy the continuing education renewal requirements of the 7-Hour National USPAP Continuing Education Course required in this paragraph; and

(2) a course that meets the content requirements of the Valuation Bias and Fair Housing Laws and Regulations Course Outline set out in the Real Property Appraiser Qualification Criteria, adopted by reference under 12 AAC 70.140(c); to satisfy the requirement of this paragraph, the applicant shall provide verification that the applicant has completed a

(A) seven-hour course, plus one-hour examination, for the applicant's first application for renewal of the certificate; or

(B) four-hour course during the concluding biennial licensing period for the applicant's second and each subsequent certificate renewal application.

(f) Repealed 1/1/2026.

(g) The board will award up to 10 hours of continuing education credit for each hour . completed in preparation for instruction or discussion as an instructor or discussion leader of an educational program that meets the requirements of 12 AAC 70.210 as set out in AS 08.87.120(b)(2). A maximum of 10 credits may be obtained under this section during each biennial licensing period. To receive credit under this subsection, an applicant for renewal shall provide the documentation necessary to substantiate the applicant's participation and experience, including

(1) information on the topics covered and the hours spent in the program; and

(2) documentation that the applicant's involvement in the program was in the technical and professional aspects of real estate appraisal and that the primary focus of the program was directly related to the theories, concepts, principles, practices, techniques, methods, or problems applicable to one or more aspects of real property appraisal.

History

Authority: AS 08.87.020; AS 08.87.120
Eff. 7/16/92, Register 123; am 12/13/94, Register 133; am 1/7/2001, Register 157; am 4/16/2004, Register 170; am 1/16/2005, Register 173; am 6/22/2005, Register 174; am 9/14/2012, Register 203; am 6/28/2015, Register 214; am 4/8/2021, Register 238; am 3/5/2023, Register 245; am 1/1/2026, Register 256; add'l am 1/1/2026, Register 256

Article 3 (Repealed)

12 AAC 70.300 Scope of limited real estate appraiser

Repealed.

History

Eff. 7/16/92, Register 123; repealed 4/15/94, Register 130

12 AAC 70.310 Qualifications for limited real estate appraiser certification

Repealed.

History

Eff. 7/16/92, Register 123; repealed 4/15/94, Register 130

Article 4 General Provisions

12 AAC 70.900 Standards of practice

The standards of practice for certified real estate appraisers practicing in this state are those specified in AS 08.87.200(3).

History

Authority: AS 08.87.020; AS 08.87.200
Eff. 7/16/92, Register 123; am 4/15/94, Register 130; am 12/13/94, Register 133; am 9/6/96, Register 139; am 12/30/99, Register 152

12 AAC 70.910 Definition of classroom hour

For the purposes of this chapter,

(1) except as provided in 12 AAC 70.220(c) and (g), one classroom hour equals a minimum of 50 minutes of in-person or online instruction;

(2) one academic semester credit hour equals 15 classroom hours; and

(3) one academic quarter credit hour equals 10 classroom hours.

History

Authority: AS 08.87.020; AS 08.87.110; AS 08.87.120
Eff. 7/16/92, Register 123; am 12/13/94, Register 133; am 1/16/2005, Register 173; am 1/1/2026, Register 256

12 AAC 70.920 Courtesy license

(a) The board or the board's designee in the department will issue a courtesy license to a nonresident who is a certified or credentialed real estate appraiser in another state and who meets the requirements of this section.

(b) Repealed 12/13/94.

(c) A courtesy license is valid for one appraisal assignment, not to exceed 180 consecutive days. However, upon request the board will grant one 30-day extension. A person may be issued no more than two courtesy licenses in a 12-month period.

(d) An applicant for a courtesy license shall submit

(1) a completed application on the forms provided by the department;

(2) any fees required in 12 AAC 02.370;

(3) evidence of a certificate or an applicant's credentials as a real estate appraiser in good standing from another state;

(4) an address for service of process; and

(5) evidence of a contract to provide appraisal for the appraisal assignment under (c) of this section.

(e) Repealed 3/5/2023.

(f) The board's designee in the department shall issue a courtesy license within five days after receipt of the materials and fees required in (d) of this section unless those application materials indicate disciplinary action in another state.

(g) The board's designee in the department shall forward any courtesy license application and accompanying materials that indicate disciplinary action in another state to the board for its consideration to grant or deny the courtesy license.

(h) In compliance with 12 U.S.C. 331 - 3351 (Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989), the board or the board's designee in the department will issue a courtesy license to a credentialed nonresident of this state for the purpose of providing appraisal services for federally-related transactions in this state.

(i) In this section "credentialed" means a licensed or certified appraiser in good standing in another state.

History

Authority: AS 08.01.062; AS 08.87.020
Eff. 7/16/92, Register 123; am 12/13/94, Register 133; am 12/30/99, Register 152; am 2/13/2002, Register 161; am 4/16/2004, Register 170; am 9/14/2012, Register 203; am 3/5/2023, Register 245

12 AAC 70.930 Federal registry

(a) In compliance with 12 U.S.C. 3338 (Financial Institutions Reform, Recovery, and Enforcement Act of 1989), the board will annually send to the Federal Financial Institutions Examination Council, Appraisal Subcommittee,

(1) a roster of all real estate appraisers currently certified in Alaska at that time; and

(2) an amount equal to the amount collected from each certified real estate appraiser listed on the roster identified in paragraph (1) of this section.

(b) At the time of initial certification and at the time of certificate renewal, a certified real estate appraiser shall submit to the department any annual federal registry fee established in 12 AAC 02.

History

Authority: AS 08.01.065; AS 08.87.100; AS 08.87.110
Eff. 7/16/92, Register 123

12 AAC 70.935 Supervision of trainee appraisers

(a) A supervisory appraiser shall

(1) be in good standing in this state and not subject to any disciplinary action within any jurisdiction within the last three years that affects the supervisory appraiser's legal eligibility to engage in appraisal practice; a supervisory appraiser subject to a disciplinary action is in good standing three years after the successful completion or termination of the sanction imposed against the appraiser;

(2) have been a state-certified appraiser for at least three years before being eligible to become a supervisory appraiser; and

(3) comply with the Competency Rule of the Uniform Standards of Professional Appraisal Practice for the property type and geographic location for which the trainee supervisor is being supervised;

(b) A supervisory appraiser may not supervise more than three trainee appraisers at one time.

(c) A supervisory appraiser shall be responsible for the training, guidance, and direct supervision or the trainee appraiser by

(1) accepting responsibility for a trainee appraiser's appraisal reports by signing each report and certifying that the report is in compliance with the Uniform Standards of Professional Appraisal Practice;

(2) reviewing the trainee appraisal reports; and

(3) personally inspecting each appraised property with the trainee appraiser until the supervisory appraiser determines that the trainee appraiser is competent, in accordance with the Competency Rule of the Uniform Standards of Professional Appraisal Practice, for the property type.

(d) A trainee appraiser shall report to the department, on a form provided by the department, the identity of any supervisory appraiser. A trainee appraiser may have more than one supervisory appraiser. The trainee appraiser shall report the identity of each supervisory appraiser as required under this subsection.

(e) A supervisor-trainee relationship becomes effective on the date of receipt by the department of the original required form with original signatures.

(f) The supervisory appraiser and the trainee appraiser shall jointly maintain an appraisal log that for each appraisal include at least

(1) identification of the type of property;

(2) the date of the report;

(3) the address of the appraised property;

(4) a description of work performed by the trainee appraiser and the scope of the review and supervision of the supervisory appraiser;

(5) the number of actual work hours by the trainee appraiser on the assignment; and

(6) the signature and state certification number of the supervisory appraiser; separate appraisal logs shall be maintained for each supervisory appraiser, if applicable.

(g) Before supervising a trainee appraiser, a supervisory appraiser shall complete a course that

(1) complies with the specifications for course content established by the Appraiser Qualifications Board of the Appraisal Foundation; and

(2) is specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers.

(h) The course that an applicant for certification under 12 AAC 70.125 as a trainee appraiser must take

(1) must

(A) comply with the specifications for course content established by the Appraiser Qualifications Board of the Appraisal Foundation; and

(B) be specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers; and

(2) is not eligible towards the 83 hours of qualifying education required under 12 AAC 70.125.

History

Authority: AS 08.87.020; AS 08.87.310
Eff. 6/28/2015, Register 214; am 4/8/2021, Register 238; am 1/1/2026, Register 256

12 AAC 70.940 Retention of records

(a) An appraiser must prepare a work file for each appraisal, appraisal review, or appraisal consulting assignment. A work file must be in existence before the issuance of a written or oral report. A written summary of an oral report must be added to the work file within a reasonable time after the issuance of the oral report.

(b) The work file must include

(1) the name of the client and the identity, by name or type, of any other intended users;

(2) true copies of any written reports, documented on a type of media; a photocopy or an electronic copy of the entire signed report transmitted to the client satisfies the requirements of a true copy;

(3) summaries of any oral reports or testimony, or transcripts of testimony, including the appraiser's signed and dated certification; and

(4) all other data, information, and documentation necessary to support the appraiser's opinions and conclusions and to show compliance with USPAP, or reference to the locations of the documentation.

(c) An appraiser must retain the work file for a period of at least five years after preparation or at least three years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires later.

(d) An appraiser must have custody of the appraiser's work file, or make appropriate work file retention, access, and retrieval arrangements with the party having custody of the work file.

(e) An appraiser having custody of a work file must allow other appraisers with work file obligations related to an assignment appropriate access and retrieval for the purpose of

(1) submission to state appraiser regulatory agencies;

(2) compliance with due process of law;

(3) submission to a duly authorized professional peer review committee; or

(4) compliance with retrieval arrangements.

History

Authority: AS 08.87.020; AS 08.87.300
Eff. 9/14/2012, Register 203

12 AAC 70.990 Definitions

In this chapter and in AS 08.87

(1) "appraisal experience" includes fee and staff appraisals, ad valorem tax appraisals, appraisal reviews, appraisal analysis, real estate counseling, and feasibility analysis and study, all of which must have been performed in accordance with the Uniform Standards of Professional Appraisal Practices described in 12 AAC 70.900;

(2) "board" means the Board of Certified Real Estate Appraisers;

(3) "certified real estate appraiser" means a real estate appraiser who is certified in Alaska under AS 08.87; it does not include persons certified by another licensing jurisdiction or organization;

(4) "department" means the Department of Commerce, Community, and Economic Development;

(5) "holds out as a certified real estate appraiser in any way" includes anyone who performs appraisal services on real estate located in Alaska;

(6) "transaction value" means the amount of the federally-related transaction and is not necessarily the value of the property being appraised;

(7) "institutional real estate appraiser" means a real estate appraiser employed full time by a financial institution with an office in the state subject to the limitations set out in AS 08.87.110(e) - (g);

(8) "complete application" means an application that includes all documentation and fees required for certification in this chapter;

(9) "distance education" means an educational process where a geographical separation exists between the provider and student;

(10) "CLEP" means the College-Level Examination Program;

(11) "USPAP" means the Uniform Standards of Professional Appraisal Practice, developed by the Appraisal Foundation;

(12) "covered transactions" means any consumer credit transaction secured by the consumer's principal dwelling.

(13) "classroom" means a traditional classroom or a synchronous or asynchronous online course.

(14) "asynchronous"

(A) means non-real-time transmission of instruction, classwork, and discussion between an instructor and a student;

(B) does not include digital versatile discs (DVDs) or other physical media, except as provided by an instructor as part of course material;

(15) "synchronous" means instruction, classwork, and discussion between an instructor and a student is able to occur in real-time.

History

Authority: AS 08.87.020
Eff. 7/16/92, Register 123; am 4/15/94, Register 130; am 12/13/94, Register 133; am 6/5/98, Register 146; am 5/24/2007, Register 182; am 9/14/2012, Register 203; am 3/28/2019, Register 229; am 4/8/2021, Register 238; am 3/5/2023, Register 245

Chapter 74 (Repealed)

Eff. 7/1/95, Register 135; repealed 5/24/96, Register 138

Eff. 7/1/95, Register 135; repealed 5/24/96, Register 138

Eff. 7/1/95, Register 135; repealed 5/24/96, Register 138

Article 4 (Repealed)

12 AAC 74.700 Definitions related to transporters

Repealed.

History

Eff. 7/1/95, Register 135; am 11/11/95, Register 136; repealed 5/24/96, Register 138

12 AAC 74.710 Transporter decal

Repealed.

History

Eff. 7/1/95, Register 135; repealed 5/24/96, Register 138

Eff. 7/1/95, Register 135; repealed 5/24/96, Register 138

Eff. 7/1/95, Register 135; repealed 5/24/96, Register 138

Chapter 75 Big Game Commercial Services Board

Article 1 Guide License Qualifications

12 AAC 75.100 Application for registered guide-outfitter examination

(a) an applicant for a registered guide-outfitter license who is applying under AS 08.54.610(a)(3)(A) must submit,

(1) at least 120 days before the date of the next scheduled registered guide-outfitter examination,

(A) the applicable fees required in 12 AAC 02.230;

(B) a completed application on a form provided by the department; the applicant must indicate if the applicant will be contracting to provide big game commercial services during the licensing period for which the applicant is applying;

(C) a list of hunters for whom the applicant has provided big game hunting services in compliance with AS 08.54.610(a)(8);

(D) a written certification by the applicant on a form provided by the department certifying the applicant's

(i) practical field experience as required in AS 08.54.610(a)(2);

(ii) capability to perform "essential duties associated with guiding and outfitting" as defined in 12 AAC 75.990; and

(iii) successful experience guiding sheep, moose, brown bear, mountain goat, and caribou hunts, if the applicant is seeking licensure for one of these species; the applicant must have been involved in a minimum of three harvests on a guided hunt for each of these listed species in order to be licensed for that species;

(E) a signed statement from the applicant certifying that the applicant meets the eligibility requirements in AS 08.54.605;

(F) a form completed by the applicant listing the dates that the applicant hunted in the state and certifying that the applicant meets the requirements in AS 08.54.610(a)(5); and

(G) the applicant's license number and dates of licensure as a class-A assistant guide, class-A assistant guide-outfitter, assistant guide, or assistant guide-outfitter in the state; and

(2) at least 45 days before the date of the next scheduled registered guide-outfitter examination,

(A) a complete report of criminal justice information under AS 12.62, including fish and wildlife violations, and if a state other than this state is the applicant's primary state of residence, an equivalent report issued by that other state; and

(B) for each guiding, outfitting, transportation, or other hunting services license, if any, issued to the applicant by another state or by a jurisdiction of Canada, verification from the issuing government body that the license has not been suspended or revoked.

(b) For the purposes of determining the applicable license fee, under (a) of this section, the applicant shall state on the application form whether the applicant is a resident.

(c) The department will not schedule an applicant for the registered guide-outfitter examination unless the department has received all letters of recommendation required under AS 08.54.610(a)(8) at least 45 days before the date of the examination.

(d) In addition to meeting the requirements of (a) - (c) of this section, an applicant must

(1) have participated in contracted hunts for 125 days over a minimum of three years with at least eight clients; and

(2) submit, at least 45 days before the date of the next scheduled registered guide-outfitter examination, an affidavit signed by an employing registered guide-outfitter attesting that the applicant has met the requirements of this subsection and including a completed form assessing the applicant's skills and abilities in the following areas and explaining negative responses:

(A) hunting regulations;

(B) guiding regulations;

(D) cape and trophy care;

(E) trophy judging;

(F) photography;

(G) ethics;

(H) logistics;

(I) stalking;

(J) safety procedures;

(K) first aid;

(L) emergency protocol;

(M) firearm use and safety;

(N) knowledge of property ownership.

(e) The department will schedule an applicant to sit for the registered guide-outfitter examination if items in (a) - (d) of this section are received and verified before the scheduled examination date.

(f) An applicant who appears for an examination and chooses not to take a scheduled test forfeits the examination fees.

History

Authority: AS 08.54.600; AS 08.54.605; AS 08.54.610
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 12/2/99, Register 152; am/readopt 7/30/2006, Register 179; am 6/8/2007, Register 182; am 12/1/2007, Register 184

12 AAC 75.105 Application for master guide-outfitter license

(a) The department will issue a license as a master guide-outfitter to a person who meets the requirements of AS 08.54.610(b) and this section. An applicant for a master guide-outfitter license must submit

(1) a completed application on a form provided by the department;

(2) the applicable fees required in 12 AAC 02.230;

(3) a list of 45 big game hunters for whom the applicant has personally provided guiding or outfitting services in compliance with AS 08.54.610;

(4) for each guiding, outfitting, transportation, or other hunting services license, if any, issued to the applicant by another state or by a jurisdiction of Canada, verification from the issuing government body that the license has not been suspended or revoked;

(5) the favorable evaluations required under AS 08.54.610(b)(3); and

(6) an affidavit identifying the years for which the applicant is requesting to receive guide experience credit.

(b) For the purposes of determining the applicable license fee, the applicant shall state on the application form whether the applicant is a resident.

History

Authority: AS 08.54.600; AS 08.54.605; AS 08.54.610
Eff. 12/1/2007, Register 184; am 3/24/2022, Register 241

12 AAC 75.110 Registered guide-outfitter examinations

(a) To be eligible for a registered guide-outfitter license, an applicant must pass the

(1) qualification examination which includes a practical examination covering

(A) trophy judging of actual antlers and horns;

(B) aging of animals;

(D) caping a big game animal; for this portion of the examination, the applicant must provide a visual recording of the applicant caping a big game animal; and

(2) game management unit examination for at least one game management unit.

(b) The minimum score required to pass the qualification and game management unit registered guide-outfitter examination is 75 percent on each examination.

(d) Repealed 11/24/2007.

(e) Repealed 7/30/2006.

(f) Repealed 11/24/2007.

History

Authority: AS 08.54.600; AS 08.54.605; AS 08.54.610
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 12/2/99, Register 152; am/readopt 7/30/2006, Register 179; am 11/24/2007, Register 184; am 12/2/2012, Register 204

12 AAC 75.112 Game management unit certification examination

(a) The department will schedule an applicant to sit for the certification examination for a game management unit if the applicant submits, at least 45 days before the date of the next scheduled examination,

(1) a written request and applicable examination fees established in 12 AAC 02.230; and

(2) proof satisfactory to the department of having, for at least 60 days within the game management unit for which the applicant is requesting certification, performed one or more of the following activities in the field:

(A) guiding;

(B) hunting;

(D) camping; in this subparagraph, "camping" means using a vehicle, tent, or shelter, or arranging bedding, or both, to stay overnight in the field, regardless of whether the stay is for personal purposes or in a camp as defined in 12 AAC 75.990;

(E) surveying game.

(b) An applicant may take examinations for no more than three game management units at a time.

(1) meets the requirements of this section;

(2) passes the certification examination testing, for the game management unit for which certification is sought, the applicant's knowledge on terrain, game, geography, transportation, logistics, and land ownership; and

(3) is a registered guide-outfitter with a valid license; if the applicant does not already have a valid registered guide-outfitter license, the department will issue certification when the applicant

(A) has met all the qualification requirements of AS 08.54 and this chapter for initial issuance of a registered guide-outfitter license, and is issued that license; or

(B) has timely renewed an expired registered guide-outfitter license in accordance with AS 08.54.660 and 08.54.670.

(d) The department will schedule an applicant to sit for a game management unit certification examination if the proof required under (a)(2) of this section is verified before the scheduled examination date.

(e) An applicant who appears for an examination and chooses not to take a scheduled test forfeits the examination fees.

History

Authority: AS 08.54.600; AS 08.54.610
Eff. 7/30/2006, Register 179; am 6/8/2007, Register 182; am 11/24/2007, Register 184; am 12/1/2007, Register 184

12 AAC 75.115 Registered guide-outfitter exempt from examination

(a) An applicant for a registered guide-outfitter license who is applying under AS 08.54.610(a)(3)(B) must submit,

(1) at least 120 days before the date of the next scheduled examination for game management unit certification,

(A) the applicable fees required in 12 AAC 02.230;

(B) a completed application on a form provided by the department;

(C) a list of hunters for whom the applicant has provided big game hunting services in compliance with AS 08.54.610(a)(8);

(D) a written certification by the applicant on a form provided by the department certifying the applicant's

(i) practical field experience as required in AS 08.54.610(a)(2);

(ii) capability to perform "essential duties associated with guiding and outfitting" as defined in 12 AAC 75.990; and

(E) a signed statement by the applicant certifying that the applicant meets the eligibility requirements in AS 08.54.605;

(F) a form completed by the applicant listing the dates that the applicant has hunted in the state and certifying that the applicant meets the requirements of AS 08.54.610(a)(5); and

(G) the applicant's license number and dates of licensure that meet the requirements of AS 08.54.610(a)(3)(B), verifying at least 25 years of qualifying experience; and

(2) at least 45 days before the date of the next scheduled examination for game management unit certification,

(C) an affidavit and a form completed and signed by an employing registered guide-outfitter assessing the applicant's skills and abilities in the following areas and explaining negative responses:

(i) hunting regulations;

(ii) guiding regulations;

(iii) meat care and preservation;

(iv) cape and trophy care;

(v) trophy judging;

(vi) photography;

(vii) ethics;

(viii) logistics;

(ix) stalking;

(x) safety procedures;

(xi) first aid;

(xii) emergency protocol;

(xiii) firearm use and safety;

(xiv) knowledge of property ownership.

(b) For the purposes of determining the applicable license fee, the applicant shall state on the application form whether the applicant is a resident.

(c) The department will not schedule an applicant for the game management unit examination unless the department has received all letters of recommendation required under AS 08.54.610(a)(8) at least 45 days before the date of the examination.

(d) Repealed 7/30/2006.

(e) An applicant who appears for an examination and chooses not to take a scheduled test forfeits the examination fees.

History

Authority: AS 08.54.600; AS 08.54.605; AS 08.54.610
Eff. 12/2/99, Register 152; am/readopt 7/30/2006, Register 179; am 6/8/2007, Register 182; am 12/1/2007, Register 184

12 AAC 75.117 Registered guide-outfitter reexamination

(a) An applicant who fails a registered guide-outfitter examination may apply for reexamination any time within two years after the date of the first examination. If, within two years after the date of the first examination, the applicant fails to apply for reexamination, the applicant must apply again for initial licensure, and must meet the qualifications in AS 08.54 and this chapter for initial issuance of a registered guide-outfitter license.

(b) An applicant who fails a certification examination for a game management unit may apply for reexamination any time within two years after the date of the first examination. If, within two years after the date of the first examination, the applicant fails to apply for reexamination, and if the applicant

(1) has not already passed a certification examination as required under AS 08.54.610(a)(4) for initial licensure, is not already licensed as a registered guide-outfitter, or on or before the date of reexamination has failed under AS 08.54.660 and 08.54.670 to renew a license for four consecutive years, the applicant must apply again for initial licensure, and must meet the qualifications in AS 08.54 and this chapter for initial issuance of a registered guide-outfitter license; or

(2) either is already licensed as a registered guide-outfitter or has an expired license for which, on or before the date of reexamination, the four consecutive-year period for renewal under AS 08.54.660 and 08.54.670 has not run, and if the failed certification examination is for an additional game management unit, the applicant must apply again under 12 AAC 75.112 and must meet the requirements in that section to sit for the examination.

(1) a written request for reexamination; and

(2) the examination fee required in 12 AAC 02.230 for the requested examination.

(d) The department may, if staff resources allow, waive the application deadline in (c) of this section.

(e) An examination score is valid for no more than two years. If the examination is a

(1) registered guide-outfitter examination, and if, within two years after the date of the examination, the applicant is not issued a license as a registered guide-outfitter, the applicant must apply again for initial licensure, and must meet the qualifications in AS 08.54 and this chapter for initial issuance of a registered guide-outfitter license;

(2) certification examination for a game management unit and is required under AS 08.54.610(a)(4) for initial licensure, and if, within two years after the date of the examination, the applicant is not issued a license as a registered guide-outfitter, the applicant must apply again for initial licensure, and must meet the qualifications in AS 08.54 and this chapter for initial issuance of a registered guide-outfitter license; or

(3) certification examination for an additional game management unit, not required under AS 08.54.610(a)(4) for initial licensure, and if the applicant has an expired registered guide-outfitter license for which, within the two-year period that the examination score is valid, the four consecutive-year period for renewal under AS 08.54.660 and 08.54.670 runs out, the applicant may not apply that score to meet the initial licensure requirements in AS 08.54.610(a)(4).

History

Authority: AS 08.54.600; AS 08.54.610; AS 08.54.670 AS 08.54.605; AS 08.54.660
Eff. 11/24/2007, Register 184

12 AAC 75.120 Application for class-A assistant guide license

(a) The department will issue a license as a class-A assistant guide to an applicant who meets the requirements of AS 08.54.620 and this section.

(b) Before a class-A assistant guide license will be issued, the department must receive

(1) the fees required in 12 AAC 02.230;

(2) a completed application on a form provided by the department;

(3) verification of the applicant's applicable employment, residency, and hunting experience required under AS 08.54.620(a)(4); an applicant applying for a class-A assistant guide license under

(A) AS 08.54.620(a)(4)(A) and this section shall submit

(i) verification from employing registered guides or guide-outfitters, of experience spanning three years as described in AS 08.54.620(a)(4)(A)(i); and

(ii) an affidavit that the applicant has had the hunting experience required in AS 08.54.620(a)(4)(A)(ii);

(B) AS 08.54.620(a)(4)(B) and this section shall submit

(i) the evidence required in AS 08.54.620(a)(4)(B)(i) of physical residency;

(ii) three affidavits of hunting experience from individuals who certify that the applicant has had the hunting experience required in AS 08.54.620(a)(4)(B)(ii); and

(iii) a letter of recommendation from a licensed registered guide-outfitter who intends to employ the applicant as a class-A assistant guide;

(4) a copy of the applicant's valid first aid card issued by the Red Cross or similar organization recognized by the department;

(5) a signed statement from the applicant certifying that the applicant meets the eligibility requirements in AS 08.54.605;

(6) a complete report of criminal justice information under AS 12.62, including fish and wildlife violations, and if a state other than this state is the applicant's primary state of residence, an equivalent report issued by that other state;

(7) for each guiding, outfitting, transportation, or other hunting services license, if any, issued to the applicant by another state or by a jurisdiction of Canada, verification from the issuing government body that the license has not been suspended or revoked; and

(8) the jurisprudence questionnaire prepared by the board covering the provisions of AS 08.54 and this chapter, scoring a minimum of 70 percent.

(c) A class-A assistant guide licensed under AS 08.54.620(a)(4)(B) may be certified for additional game management units in which the licensee does not reside if that licensee also meets the requirements of AS 08.54.620(a)(4)(A).

History

Authority: AS 08.54.600; AS 08.54.605; AS 08.54.620
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am/readopt 7/30/2006, Register 179; am 6/8/2007, Register 182; am 11/28/2020, Register 236

12 AAC 75.130 Application for assistant guide license

(a) The department will issue a license as an assistant guide to an applicant who meets the requirements of AS 08.54.630 and this section. An assistant guide license applicant shall submit

(1) the fees required in 12 AAC 02.230;

(2) a completed application on a form provided by the department;

(3) a copy of the applicant's valid first aid card issued by the American Red Cross or a similar organization recognized by the department;

(4) a form completed by the applicant listing the dates the applicant has hunted in the state and certifying that the applicant meets the requirements in AS 08.54.630(a)(2);

(5) a written recommendation or evidence as required in AS 08.54.630(a)(4);

(6) a signed statement from the applicant certifying that the applicant meets the eligibility requirements in AS 08.54.605;

(7) a complete report of criminal justice information under AS 12.62, including fish and wildlife violations, and if a state other than this state is the applicant's primary state of residence, an equivalent report issued by that other state;

(8) for each guiding, outfitting, transportation, or other hunting services license, if any, issued to the applicant by another state or by a jurisdiction of Canada, verification from the issuing government body that the license has not been suspended or revoked; and

(9) the jurisprudence questionnaire prepared by the board covering the provisions of AS 08.54 and this chapter, scoring a minimum of 70 percent.

(b) An unlicensed person receiving training for purposes of experience necessary to apply for licensure as an assistant guide under this section may participate in activities identified in AS 08.54.635(b), when a licensed guide is physically present.

(c) To be physically present for purposes of this section, the licensed guide must be primarily in or near camp while an unlicensed person is performing the activities of field preparation of trophies and using guiding or outfitting equipment, including spotting scopes and firearms. An unlicensed person may take necessary action to prevent the spoilage or loss of a trophy while unsupervised. While an unlicensed person is accompanying a licensed guide and client during the final portion of stalking, pursuing, tracking, killing, or attempting to kill big game, the unlicensed person must act under the close and immediate supervision of the licensed guide. An unlicensed person under this section may not direct the actions of a hunter to stalk, take, or attempt to take a big game animal.

History

Authority: AS 08.54.600; AS 08.54.630; AS 08.54.790 AS 08.54.605; AS 08.54.635
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am/readopt 7/30/2006, Register 179; am 6/8/2007, Register 182; am 4/16/2016, Register 218; am 11/28/2020, Register 236

12 AAC 75.140 Term of guide licenses

Registered guide-outfitter, class-A assistant guide, and assistant guide licenses expire on December 31 of odd-numbered years.

History

Authority: AS 08.01.100; AS 08.54.600
Eff. 5/24/96, Register 138; am/readopt 7/30/2006, Register 179

12 AAC 75.145 Application for a transporter license

(a) The department will issue a license as a transporter to an applicant who meets the requirements of AS 08.54.650 and this section. An applicant for a transporter license must submit

(1) a completed application on a form provided by the department;

(2) the applicable fees required in 12 AAC 02.230;

(3) proof of financial responsibility in accordance with 12 AAC 75.420;

(4) copies of the Federal Aviation Administration and United States Coast Guard licenses applicable to the applicant's operations;

(5) the name of one individual who is responsible for managing the transporter's business activities; and

(6) the jurisprudence questionnaire prepared by the board covering the provisions of AS 08.54 and this chapter, scoring a minimum of 70 percent.

(b) In addition to meeting the requirements in (a) of this section, an applicant that is a

(1) corporation must submit proof of either a certificate of incorporation or a certificate of authority in good standing under AS 10, and if the corporation is organized in this state, proof of articles of incorporation in good standing under AS 10;

(2) limited liability company, proof of either articles of organization or registration in good standing under AS 10.50;

(3) limited liability partnership, proof of either a statement of qualification or a statement of foreign qualification in good standing under AS 32.06.911 - 32.06.925; or

(4) limited partnership, proof of either a certificate of limited partnership or registration in good standing under AS 32.11.

(c) To change the individual identified under (a)(5) of this section, a licensed transporter must file with the department, within 20 days after the date of the change, a written statement verifying the change and identifying the new individual responsible for managing the transporter's business activities.

(d) A licensed transporter shall notify the department in accordance with 12 AAC 02.900 if the transporter's mailing address changes.

History

Authority: AS 08.54.600; AS 08.54.650; AS 08.54.660
Eff. 6/8/2007, Register 182; am 11/24/2007, Register 184; am 11/28/2020, Register 236

Article 2 Registered Guide-Outfitter Operations

12 AAC 75.200 Registered guide-outfitter providing services

(a) In addition to the restrictions in AS 08.54.720, a registered guide-outfitter may provide transportation services only in a guide use area for which the guide-outfitter is registered, unless the guide-outfitter also holds a transporter license.

(b) A registered guide-outfitter who provides transportation or outfitting services in a guide use area, for which the guide-outfitter is registered, shall complete a hunt record for each client transported or outfitted.

History

Authority: AS 08.54.600; AS 08.54.610; AS 08.54.750
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 4/6/2001, Register 158; am/readopt 7/30/2006, Register 179

12 AAC 75.205 Distribution and use of hunt records

(a) The department will issue uniquely identifiable hunt records to a registered guide-outfitter with a valid license who has proof of financial responsibility in accordance with 12 AAC 75.220 on file with the board. Once the department issues the hunt records, the board

(1) will consider the hunt records to be in the possession of the registered guide-outfitter; and

(2) may discipline the registered guide-outfitter under AS 08.54.710(a)(2) if the

(A) registered guide-outfitter loses or misplaces the hunt records, or fails to return hunt records as required under this section or upon the department's request;

(B) hunt records are damaged or destroyed while in the registered guide-outfitter's possession; or

(C) hunt records, while in the registered guide-outfitter's possession, are used in a manner that violates AS 08.54.760, this section, or 12 AAC 75.210.

(b) The hunt records must be used by the assigned registered guide-outfitter. Blank hunt records may be transferred to another contracting registered guide-outfitter, if the transferee notifies the department within 60 days that a transfer has taken place.

(c) All copies of a hunt record must be completed in accordance with 12 AAC 75.210. Copies must be distributed in accordance with 12 AAC 75.210.

(d) A voided hunt record must be returned to the department.

(e) Repealed 3/21/2010.

(f) A maximum of 50 hunt records will be issued to a registered guide-outfitter and may be in the registered guide-outfitter's possession at any given time. Additional hunt records may be issued. However, upon a written request and showing of good cause, as determined by the department, a registered guide-outfitter may have more than 50 hunt records assigned and in the registered guide-outfitter's possession.

(g) A registered guide-outfitter who misplaces or loses a hunt record shall submit to the department

(1) a notarized statement documenting the loss of the hunt record; and

(2) client information not already submitted to the department under 12 AAC 75.210.

History

Authority: AS 08.54.600; AS 08.54.660; AS 08.54.760
Eff. 11/24/2007, Register 184; am 3/21/2010, Register 193; am 12/2/2012, Register 204; am 5/2/2018, Register 226

12 AAC 75.210 Hunt record

(a) The hunt record required by AS 08.54.760 must be on a form provided by the department, titled Registered Guide-Outfitter Hunt Record, dated December 2017, and adopted by reference. This form is established by the board for review of the information required to be submitted by registered guide-outfitters.

(b) Before a hunt, a registered guide-outfitter who contracts to guide, transport, or outfit a hunt shall complete or have completed the portions of the hunt record form that are required to be completed before a hunt.

(d) At the conclusion of the hunt, the registered guide-outfitter shall complete the applicable remaining portions of the hunt record.

(e) The registered guide-outfitter shall furnish one copy of the completed hunt record to the client and retain one copy for four years at the registered guide-outfitter's regular place of business.

(f) A hunt record must be produced for inspection upon request by an agent of the board or department or any state or federal enforcement agent authorized to enforce guiding, game, or game management statutes or regulations.

(g) If a big game hunting client contracts to hunt big game with more than one registered or master guide-outfitter, a separate hunt record must be completed by each registered or master guide-outfitter and each client. The department will not accept hunt records signed by more than one guide-outfitter.

History

Authority: AS 08.54.600; AS 08.54.660; AS 08.54.760
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 12/25/96, Register 140; am 12/2/99, Register 152; am 4/6/2001, Register 158; am/readopt 7/30/2006, Register 179; am 11/24/2007, Register 184; am 4/13/2013, Register 206; am 5/2/2018, Register 226

12 AAC 75.220 Proof of financial responsibility

(a) Repealed 12/1/2007.

(b) An applicant who intends to contract to guide or outfit a big game hunt shall

(1) certify that the applicant has and will maintain during the licensing period, assets, general liability insurance, or a bond totaling at least a minimum of $100,000 that will be available for payment of a judgment against the applicant resulting from the applicant's big game hunting services; and

(2) list the assets, insurance, or bond, including, if applicable,

(A) a description of the assets, their fair market value less any liens, identification of any liens against the assets, and the location of the assets; and

(B) the name of the company issuing the insurance or bond, the policy or bond number, and the amount and type of coverage supplied by the insurance or bond.

(c) A registered guide-outfitter who indicated on the application for initial license or renewal that the registered guide-outfitter would not contract to guide or outfit a big game hunt shall notify the department and provide the information required in (b) of this section before the registered guide-outfitter may contract to guide or outfit a big game hunt.

(d) A registered guide-outfitter shall notify the department within 10 days of any change to the information reported under (b) of this section.

(e) The department may require additional documentation to substantiate the information provided in (b) of this section before approving an applicant for initial licensure or license renewal.

History

Authority: AS 08.54.600; AS 08.54.610; AS 08.54.680
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am/readopt 7/30/2006, Register 179; am 12/1/2007, Register 184

12 AAC 75.230 Guide use area registration

(a) The department will register an applicant in a guide use area if the applicant meets the requirements of AS 08.54.750 and this section. For each guide use area for which a registered guide-outfitter is registering, the registered guide-outfitter shall submit the following information on a form provided by the department:

(1) the applicant's registered guide-outfitter license number;

(2) the guide use area for which the registered guide-outfitter is registering;

(3) certification in the game management unit in which the registered guide-outfitter is applying;

(4) a sworn statement by the applicant attesting to the required land use authorization;

(5) a sworn statement by the applicant attesting to the ability to provide services on at least 5,000 contiguous acres of uplands in the guide use area requested.

(6) repealed 11/27/2023.

(b) A registration expires on December 31 of the last year for which it is issued. To re-register, the registered guide-outfitter must again submit a complete application under (a) of this section.

(c) A registered guide-outfitter may register for a maximum of five calendar years ending on December 31, including the calendar year in which the registration becomes effective. A registration for multiple calendar years may be withdrawn or changed annually before April 1, if the GUA being withdrawn or changed has not been used in the that year. This includes attempting to get hunters drawn for limited entry drawings for that GUA, in which case the guide must have been registered for the GUA in the year of the December draw application period and the year the hunt would have taken place. Both years will be considered used and may not be withdrawn. No refunds will be issued for the years left on a multiple year registration if it is withdrawn.

(d) In accordance with AS 08.54.750, a registration will be considered effective 30 days after the date the registration is submitted to the department, or 30 days after the date the application is considered complete, whichever is later.

(e) A registered guide-outfitter who is registered in three guide use areas may register for and conduct big game hunting services in a portion of one additional guide use area on federal land adjacent to a guide use area for which the registered guide-outfitter is already registered if the registered guide-outfitter meets the requirements of (a)(1) - (5) and (f) of this section, and submits

(1) the guide use area map that identifies the portion of the additional guide use area that is located on federal land and is adjacent to a guide use area for which the registered guide-outfitter is currently registered; and

(2) a letter from the federal landholder that states that the area would otherwise remain unused by a registered guide-outfitter because the boundaries do not coincide with boundaries of a federal big game guide concession or permit area.

(f) A registered guide-outfitter may not register for, or provide services within, a guide use area unless the applicant has written authorization by the landowner or appropriate representative in the form of a permit, registration or letter to provide big game hunting services on at least 5,000 contiguous acres of uplands in the guide use area.

(g) A registered guide-outfitter or master guide-outfitter who was unable to hunt a brown bear in game management unit 9 in the spring 2020 season may register for the 2021 spring brown bear season in game management unit 9, if

(1) the registered guide-outfitter or master guide-outfitter registers on a form provided by the department;

(2) the registered guide-outfitter or master guide-outfitter provides either

(A) a current registration, valid as of April 10, 2020, for the same guide use area for which the registration is submitted; or

(B) copies of completed, signed, and dated hunt contracts for the 2020 spring bear season in game management unit 9 indicating that the registered guide-outfitter or master guide-outfitter had booked clients who were later unable to complete the contracted hunt and an attestation that the registered guide-outfitter or master guide-outfitter would have registered before the April 10, 2020 deadline; and

(3) the clients for whom the registered guide-outfitter or master guide-outfitter will provide services have not hunted brown bear in a guide use area within game management unit 9 since May 10, 2020.

(h) A registered guide-outfitter or master guide-outfitter must register for a minimum of three years in a guide use area at the time of registration.

History

Authority: AS 08.54.600; AS 08.54.750
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 4/6/2001, Register 158; am/readopt 7/30/2006, Register 179; am 6/8/2007, Register 182; am 12/1/2007, Register 184; am 7/16/2020, Register 235; am 11/28/2020, Register 236; am 11/27/2023, Register 248

12 AAC 75.235 Guide-outfitter use area maps

The set of maps titled Guide-Outfitter Use Area Maps, dated June 22, 1994, as amended December 2009, July 2011, December 2011, November 2015, and July 2024, is adopted by reference. This set of maps prepared by the Department of Natural Resources depicts the boundaries of the guide use areas established under AS 08.54.750(g).

History

Authority: AS 08.54.600; AS 08.54.750
Eff. 4/10/2010, Register 194; am 1/13/2012, Register 201; am 7/13/2012, Register 203; am 6/16/2016, Register 218; am 5/15/2025, Register 254

12 AAC 75.240 Supervision

(a) A registered guide-outfitter who contracts to guide a hunt shall plan, direct, and monitor the big game hunting services provided to the client.

(b) At the conclusion of the hunt, a registered guide-outfitter who contracts to guide a hunt shall evaluate the performance of the assistant guide, class-A assistant guide, or registered guide-outfitter involved in the hunt to determine whether the big game hunting services provided to the client were satisfactory.

(c) To comply with (b) of this section, the contracting registered guide-outfitter shall verbally communicate, by telephone or radio, or in person, with the client and the assistant guide, class-A assistant guide, or registered guide-outfitter involved in the hunt, separately or together, at least once within 10 days after the conclusion of the hunt. The contracting registered guide-outfitter shall obtain the necessary information to evaluate the performance of the assistant guide, the class-A assistant guide, or registered guide-outfitter and determine whether the big game hunting services were provided safely, in accordance with state and federal law, and to the satisfaction of the client.

(d) The contracting registered guide-outfitter shall make a good faith effort to verbally communicate with the client to obtain the necessary information to evaluate the performance of the assistant guide, class-A assistant guide, or registered guide-outfitter. If the attempt to verbally communicate with the client is unsuccessful, the contracting registered guide-outfitter shall write to the client and request the necessary information to evaluate the performance of the assistant guide, the class-A assistant guide, or registered guide-outfitter. The contracting registered guide-outfitter shall write to the client within 60 days after the conclusion of the hunt.

(e) A registered guide-outfitter shall document on the hunt record the date the registered guide-outfitter complied with the verbal, or if applicable the written, client communication requirements in (c) and (d) of this section.

(f) The contracting registered guide-outfitter or a noncontracting registered guide-outfitter or class-A assistant guide supervising an assistant guide shall be available in the same guide use area, or an adjacent guide use area with a common border, to direct and monitor the big game hunting services provided to the client, except during times when

(1) an emergency situation exists that requires the guide's assistance; or

(2) the contracting; registered guide-outfitter or noncontracting registered guide-outfitter or class-A assistant guide supervising the hunt is outside the guide use area or neighboring guide use area while

(A) in transit with meat or trophies from that or a neighboring guide use area;

(B) in transit with food, supplies, or clients directly associated with conducting guided hunts in that or a neighboring guide use area; or

(g) Repealed 7/30/2006.

(h) In this section, "emergency situation" means a situation in which a person is in a remote area and

(1) is involuntarily experiencing an absence of food, water, shelter, or medical care required to sustain life or health;

(2) is lost;

(3) is unable to perform the functions necessary for survival, leading to a high risk of death or serious and permanent health problems without the assistance of the guide; or

(4) the guide's presence is necessary for a family medical condition.

(i) For purposes of the requirement in AS 08.54.610(e) for supervision of a contracted hunt, and in addition to the requirements of this section, the contracting registered guide-outfitter may plan, direct, and monitor a contracted hunt

(1) while in the field and present in

(A) the same game management unit in which the contracted hunt is taking place;

(B) a game management unit adjacent to and sharing a common border with the unit in which the contracted hunt is taking place; or

(C) a location that is no further than 50 miles from the nearest boundary of an area or unit described in (A) or (B) of this paragraph; and

(2) if performing those activities, while in the field and present in a location listed in (1) of this subsection, is practicable; for purposes of this paragraph, planning, directing, and monitoring the contracted hunt is not practicable if the contracting registered guide-outfitter cannot communicate in person, communicate personally by telephone, or communicate personally by radio with the assistant guide, class-A assistant guide, or registered guide-outfitter involved in the contracted hunt.

History

Authority: AS 08.54.600; AS 08.54.620; AS 08.54.710 AS 08.54.610; AS 08.54.630
Eff. 12/25/96, Register 140; am 4/6/2001, Register 158; am/readopt 7/30/2006, Register 179; am 6/2/2011, Register 198; am 12/2/2012, Register 204; am 3/19/2014, Register 209

12 AAC 75.250 Participation in a hunt

(a) Repealed 6/2/2011.

(b) A registered guide-outfitter who contracts to guide a hunt and who is participating in a hunt as required in AS 08.54.630(b)(3) shall be in communication, either personally or through an agent, with the assistant guide, who is in the field with the client, at least once during the hunt if the hunt is longer than five days.

(d) A registered guide-outfitter who contracts to outfit a hunt shall

(1) before leaving a client in the field, advise the client of the date, time, and location at which the registered guide-outfitter will pick up the client and the course of action the client should follow if the registered guide-outfitter is unable to pick up the client as planned;

(2) either personally or through a class-A assistant guide, an assistant guide, or a licensed transporter, transport the client into and out of the field at the planned date, time, and location, unless prevented by weather, mechanical problems, or other safety concerns; and

(3) check on or communicate with a client in the field as agreed to before transporting that client.

History

Authority: AS 08.54.600; AS 08.54.620; AS 08.54.710 AS 08.54.610; AS 08.54.630
Eff. 8/2/96, Register 139; am 12/25/96, Register 140; am 4/6/2001, Register 158; am/readopt 7/30/2006, Register 179; am 12/1/2007, Register 184; am 6/2/2011, Register 198

12 AAC 75.260 Registered guide-outfitter contract requirements

(a) A contracting registered guide-outfitter shall deliver a written contract to the client within 90 days after receipt of a deposit, or before services are provided, whichever is earlier.

(b) A contract must

(1) include the name, license number, and signature of the guide-outfitter, and must include the name of the guide-outfitter's business if it is different from the name of the individual guide-outfitter;

(2) include the name and signature of the client;

(3) list each big game animal to be hunted, and must identify the primary animal to be hunted;

(4) list the approximate times and dates that the client will be in the field;

(5) list the number of hunting days and dates for each species, if appropriate;

(6) state the cost and payment schedule;

(7) state the amount of the trophy fee, if any, and must identify who is responsible for the cost of the license and tags;

(8) state the extra transportation cost, if any;

(9) include a statement of services provided, including lodging, meals, number of clients per guide, trophy care and shipping, care of meat, and clarification of who is responsible for what;

(10) set out the deposit refund or transfer policy upon cancellation;

(11) include a statement about compensation for any delay of the client arriving in the field on schedule or for the client departing the field before the contracted hunt ends; and

(12) identify who is responsible for private and federal land use fees.

(d) A contracting registered or master guide who is signing the hunt contract, and who intends to apply a client for a drawing hunt permit for a hunt conducted under regulations required under AS 16.05, shall obtain a unique verification code for each guide use area in which a unique verification code is required from the department before entering an application for the client. Unique verification codes will only be issued to registered or master guides who are registered in a guide use area located in the hunt area the year the application is made and the years the permit is valid; except a contracting guide may receive a code and apply a client in a new concession area in which the permit for the concession is authorized but not valid until the year of the hunt as long as the concessionaire registers for the guide use area before providing services. Unique verification codes will be current until the associated guide use area registration expires or is withdrawn or amended. Unique verification codes can only be utilized by the contracting registered or master guide who is applying clients for a drawing hunt permit.

(e) A contract may be amended at any time before the conclusion of the hunt, as recorded on the hunt record, with the signature of the contracting guide-outfitter and the client.

History

Authority: AS 08.54.600; AS 08.54.720 AS 08.54.680; AS 08.54.790
Eff. 7/30/2006, Register 179; am 6/8/2007, Register 182; am 4/16/2016, Register 218; am 7/16/2020, Register 235; am 3/24/2022, Register 241; am 11/27/2023, Register 248

12 AAC 75.265 Guide use area boundary changes

(a) The board may propose to amend guide use area boundaries

(1) on its own motion;

(2) upon the recommendation of the Department of Fish and Game; or

(3) in response to a petition from another person.

(b) At least 90 days before the date of a board meeting at which guide use area boundaries changes are proposed, the department will publish, in a newspaper of general circulation, a notice soliciting petitions to propose amendments to guide use area boundaries. To be considered for proposal by the board at the board's next meeting, a petition must be received by the department no later than 60 days after the notice is published.

(1) each registered guide-outfitter with a valid license who is registered for a guide use area the boundaries of which are proposed for amendment;

(2) the Department of Natural Resources;

(3) the Department of Fish and Game; and

(4) the Department of Public Safety.

(d) The board may amend guide use area boundaries after considering whether

(1) the Department of Fish and Game objects to the proposed amendment; and

(2) amendment of existing guide use area boundaries is necessary in order to respond to

(A) big game conservation and management concerns, including

(i) abundance and diversity of big game;

(ii) the historical harvest of big game in an area; and

(iii) existing administrative boundaries established for wildlife management purposes;

(B) law enforcement concerns;

(D) administrative restrictions;

(E) the existence of boundaries that can be readily identified in the field;

(F) the accessibility of an area and other transportation considerations;

(G) the existence of complementary and noncomplementary land uses within an area;

(H) recommendations of the Department of Natural Resources;

(I) the existing facilities within the area;

(J) any public comment received; and

(K) other considerations relevant to the drawing of guide use area boundaries.

History

Authority: AS 08.54.600; AS 08.54.750
Eff. 11/24/2007, Register 184

Article 3 Professional Ethics Standards for Guides

12 AAC 75.300 Professional competence standards for guides

Repealed.

History

Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 12/25/96, Register 140; am 4/6/2001, Register 158; repealed 7/30/2006, Register 179

12 AAC 75.310 Responsibilities of guides

Repealed.

History

Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 4/6/2001, Register 158; repealed 7/30/2006, Register 179

12 AAC 75.320 Transporting meat

Repealed.

History

Eff. 5/24/96, Register 138; repealed 4/6/2001, Register 158

12 AAC 75.330 Duties of a registered guide

Repealed.

History

Eff. 5/24/96, Register 138; am 10/19/96, Register 140; repealed 4/6/2001, Register 158

12 AAC 75.340 Professional ethics standards for guides

(a) Unethical activities. A master guide-outfitter, registered guide-outfitter, assistant guide, or class-A assistant guide may not participate in an unethical activity that may result in a disciplinary sanction under AS 08.54.710. In this subsection "unethical activity"

(1) means failing to or being unfit to meet a professional standard of conduct that satisfactorily and safely implements, under field conditions, the knowledge, skills, qualifications, and judgment required for the license held; and

(2) includes

(A) failing to comply with the standards set out in (b) - (f) of this section;

(B) failing to fulfill a condition or requirement established as a disciplinary sanction under AS 08.54.710;

(D) failing to report to the board, within 30 days after the date of conviction, a conviction in this state, another state, or the United States for a

(i) violation of a state or federal statute or regulation related to hunting;

(ii) violation of a state or federal statute or regulation relating to guiding, outfitting, transportation, or other hunting services; or

(iii) felony; and

(E) failing to comply with an order from the board.

(b) Compliance with law. All classes of guides shall

(1) comply with applicable state and federal statutes and regulations; and

(2) obtain prior authorization as appropriate before entering or remaining on private, state, or federal land during the course of providing big game hunting services.

(1) take every reasonable measure to assure the safety and comfort of the client, including ensuring that during the hunt

(A) adequate supplies are present to provide first aid for injuries that are reasonably expected in the field;

(B) sufficient supplies are present to provide for emergencies, including food, clothing, and a source of heat; and

(2) avoid intentionally, recklessly, or carelessly exposing an employee or client to undue hazards;

(3) advise clients and employees involved in a hunt of the applicable state and federal statutes and regulations relating to hunting, land use, wildlife, big game hunting services, and conservation;

(4) ensure that the proper hunting licenses, hunt record, game tags, and harvest reports for the big game species being hunted are in the client's possession before the hunt begins;

(5) ensure that the appropriate tags are attached to any game taken by a client and all game is sealed or marked as required by 5 AAC 92;

(6) advise a client before a hunt of the game population in the hunting area; and

(7) provide remuneration in a complete and timely manner of debts or refunds owed to clients or contracting guides, or wages owed to an employee.

(d) Field craft standards. All classes of guides shall

(1) conduct themselves in a professional sportsman like manner, and treat wildlife, wild lands, and all users with courtesy and respect;

(2) use every lawful means at the licensee's disposal to bag a wounded animal while it is in danger of escaping, or, in a serious emergency, while human life or well-being is endangered;

(3) barring unforeseen conditions, properly prepare according to generally accepted procedures, all antlers, horns, hides, and capes to be delivered to the taxidermist or to the client at the conclusion of a hunt in a satisfactory and unspoiled condition, unless the guide is providing only outfitting and transportation services for the client;

(4) endeavor to salvage all meat of animals taken by clients, in accordance with state statutes and regulations;

(5) except for brown bear, grizzly bear, wolves, and wolverine, transport the meat of a big game animal taken by the client in accordance with 5 AAC 92;

(6) respect gear, equipment, food, shelter, and camps established by other users;

(7) avoid staging unused or unattended camps and gear to discourage other users from utilizing a location;

(8) allow appropriate buffer areas between hunters and camps in order to avoid disrupting hunts and hunting experiences;

(9) refrain from using any mechanical powered equipment to knowingly herd, drive, chase, or harass big game animals;

(10) to avoid altering the hunting experience of other hunters, refrain from making multiple, consecutive approaches in any mechanical powered equipment, near any big game animal or group of big game animals during any open hunting season for that species unless

(A) hunting brown, grizzly, or black bears from January 1 through June 30 in an area with an allowable harvest under 5 AAC 85 and 5 AAC 92, of one or more brown or grizzly bears per regulatory year; in this subparagraph, "regulatory year" has the meaning given in 5 AAC 92.990; or

(B) specifically authorized under another statute or regulation;

(11) avoid utilizing global positioning system (GPS) or other electronic devices to locate and stalk a big game animal for the purpose of harvest; and

(12) respond personally or through an assistant to requests for assistance communicated during the hunt; a contracting or employing guide must respond within a reasonable time based on the urgency of the request, weather conditions, and other safety factors.

(e) Standards for cooperation with law enforcement officers and for conservation awareness. All classes of guides shall

(1) cooperate with state or federal law enforcement officers;

(2) provide any information to assist law enforcement or state and federal wildlife officials; and

(3) practice sound wildlife conservation and create an awareness of conservation needs and practices when dealing with the public.

(f) Standards of professionalism. A guide

(1) of any class may not make guarantees as to the success of a hunt or the number of animals to be taken on a hunt;

(2) shall provide supervision as required from a guide of that class, and make a good faith effort to make the verbal or, if applicable, the written client communication as required in 12 AAC 75.240;

(3) if permitted to advertise or sell big game hunts under AS 08.54, may not advertise or sell big game hunts to be conducted solely on tidelands; a guide of any class may not provide big game hunting services on tidelands or below mean high water mark in fresh water, except on those tidelands and below mean high water mark lands that are immediately adjacent to uplands on which the guide has authorization to provide big game hunting services; in this paragraph, "tidelands" has the meaning given in AS 38.05.965; and

(4) if permitted to advertise under AS 08.54, may not misrepresent services by false or misleading advertising.

History

Authority: AS 08.54.600; AS 08.54.680; AS 08.54.710
Eff. 7/30/2006, Register 179; am 6/8/2007, Register 182; am 11/24/2007, Register 184; am 6/26/2010, Register 194; am 6/2/2011, Register 198; am 1/13/2012, Register 201; am 12/2/2012, Register 204; am 4/13/2013, Register 206; am 4/16/2016, Register 218; am 5/25/2017, Register 222

Article 4 Transportation Services

12 AAC 75.395 Distribution and use of transporter activity reports

(a) Upon request, the department will issue transporter activity reports to a transporter with a valid license. Once the department issues the activity reports, the board

(1) will consider them to be in the possession of the transporter until they are returned; and

(2) may discipline the transporter under AS 08.54.710(a)(2) if the

(A) transporter loses or misplaces the activity reports, or fails to return them as required under this section or upon the department's request;

(B) activity reports are damaged or destroyed while in the transporter's possession; or

(C) activity reports, while in the transporter's possession, are used in a manner that violates AS 08.54.650, this section, or 12 AAC 75.400.

(b) The transporter activity reports must be used only by the assigned transporter. Transporter activity reports may not be shared.

(d) A voided transporter activity report must be returned to the department.

(e) Repealed 12/2/2012.

(f) A maximum of 150 transporter activity reports will be issued to a transporter and may be in the transporter's possession at any given time. Additional transporter activity reports may be issued. However, upon a written request and showing of good cause, as determined by the department, a transporter may have more than 150 transporter activity reports assigned and in the transporter's possession.

(g) A transporter who misplaces or loses a transporter activity report shall submit to the department

(1) a notarized statement documenting the loss of the transporter activity report; and

(2) client information not already submitted to the department under 12 AAC 75.400.

History

Authority: AS 08.54.600; AS 08.54.650; AS 08.54.660
Eff. 11/24/2007, Register 184; am 12/2/2012, Register 204

12 AAC 75.400 Transporter activity report

(a) Each transporter activity report required by AS 08.54.650 must be on a form provided by the department, titled Transporter Activity Report, dated October 2012, and adopted by reference. This form is established by the board for review of the information required by AS 08.54.650.

(b) On the day a client is transported, a transporter shall complete or have completed the portions of the transporter activity report that are required to be completed at that time.

(c) Immediately after transporting the client out of the field, the transporter shall complete the applicable remaining portions of the transporter activity report

(d) The transporter shall make the transporter activity report available for inspection upon request by an agent of the board or department or any state or federal enforcement agent authorized to enforce guiding, game, or game management statutes or regulations.

(e) During portions of a hunt, a transporter is exempt from transporter activity report requirements of this section when providing transportation service for a client to, from, or in between specific locations operated by another transporter or registered guide-outfitter who has contracted this same hunt with the same client.

(f) To comply with the annual reporting requirements of AS 08.54.650(c), a transporter shall submit to the department a completed transporter activity report for each contracted transportation service within 75 days after the completion of the transportation service.

History

Authority: AS 08.54.600; AS 08.54.660 AS 08.54.650; AS 08.54.760
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 12/2/99, Register 152; am 4/6/2001, Register 158; am/readopt 7/30/2006, Register 179; am 11/24/2007, Register 184; am 12/2/2012, Register 204; am 4/13/2013, Register 206; am 7/16/2020, Register 235; am 11/28/2020, Register 236

12 AAC 75.410 Term of transporter license

A transporter license expires on December 31 of odd-numbered years.

History

Authority: AS 08.01.100; AS 08.54.600
Eff. 5/24/96, Register 138; am/readopt 7/30/2006, Register 179

12 AAC 75.420 Proof of transporter's financial responsibility

(a) Repealed 12/1/2007.

(b) An applicant for a transporter license shall

(2) list the assets, insurance, or bond, including, if applicable,

(A) a description of the assets, their fair market value less any liens, identification of any liens against the assets, and the location of the assets; and

(B) the name of the company issuing the insurance or bond, the policy or bond number, and the amount and type of coverage supplied by the insurance or bond.

(c) A transporter shall notify the department within 10 days of any change to the information reported under (b) of this section.

(d) The department may require additional documentation to substantiate the information provided in (b) of this section before approving an applicant for licensure or license renewal.

History

Authority: AS 08.54.600; AS 08.54.660 AS 08.54.650; AS 08.54.680
Eff. 10/19/96, Register 140; am/readopt 7/30/2006, Register 179; am 12/1/2007, Register 184

12 AAC 75.430 Professional competence standards for providers of transportation services

Repealed.

History

Eff. 10/19/96, Register 140; am 4/6/2001, Register 158; repealed 7/30/2006, Register 179

12 AAC 75.440 Professional ethics standards for providers of transportation services

(a) Unethical activities. A transporter, master guide-outfitter, or registered guide-outfitter may not participate in an unethical activity that may result in a disciplinary sanction under AS 08.54.710. In this subsection "unethical activity"

(2) includes

(A) failing to comply with the standards set out in (b) - (d) of this section;

(B) failing to comply with a condition or requirement established as a disciplinary sanction in AS 08.54.710; and

(b) Compliance with law. A transporter or registered guide-outfitter providing transportation services shall

(1) comply with applicable state and federal statutes and regulations; and

(2) obtain prior authorization as appropriate before entering or remaining on private, state, or federal lands during the course of providing transportation services.

(c) Client care and transposition standards. A transporter or registered guide-outfitter providing transportation services shall

(1) take every reasonable measure to ensure the safety and comfort of the client, including ensuring that while the licensee is providing transportation services

(A) adequate supplies are present to provide first aid for injuries that are reasonably expected while providing transportation services; and

(B) sufficient supplies are present to provide for emergencies, including food, clothing, and a source of heat;

(2) before leaving a client in the field, advise the client of the date, time, and location at which the transporter or registered guide-outfitter will pick up the client and the course of action the client should follow if the transporter or registered guide-outfitter is unable to pick up the client as planned;

(3) transport the client into and out of the field at the planned date, time, and location, unless prevented by weather, mechanical problems, or other safety concerns;

(4) check on or communicate with a client in the field as agreed to before transporting that client;

(5) clearly define rates and services to prospective clients before booking and acceptance of deposits, and shall avoid misleading prospective clients through false or fictitious advertising;

(6) be willing and capable of making financial restitution to a client for any breach of contract owing to no fault of the client;

(7) avoid staging unused or unattended camps and gear to discourage other users from utilizing a location;

(8) endeavor to transport all meat of animals taken by clients, in accordance with state statutes and regulations;

(9) avoid using an aircraft in any manner to spot big game for the purpose of taking a specific animal;

(10) avoid utilizing, in any manner, global positioning system (GPS) or other electronic devices to assist in the taking of a big game animal;

(11) avoid herding, driving, or chasing animals with the use of mechanically powered equipment;

(12) avoid overbooking clients such that the transporter or registered guide-outfitter is unable to take otherwise reasonable measures to ensure the safety and comfort of clients already in the field;

(13) allow appropriate buffer areas between hunters and camps transported by the same service to avoid disrupting hunts and hunt experiences; and

(14) avoid making guarantees as to the success of a hunt or the number of animals to be taken on a hunt.

(d) Standards for cooperation with law enforcement officers and for conservation awareness. A transporter or registered guide-outfitter providing transportation services shall

(1) cooperate with state or federal law enforcement officers;

(2) provide any information to assist law enforcement or state and federal wildlife officials; and

(3) practice sound wildlife conservation and create an awareness of conversation needs and practices when dealing with the public.

History

Authority: AS 08.54.600; AS 08.54.720 AS 08.54.710; AS 08.54.790
Eff. 7/30/2006, Register 179; am 6/2/2011, Register 198; am 12/2/2012, Register 204

12 AAC 75.450 Transporter contract requirements

(a) A transporter or a registered guide-outfitter contracting solely to provide transportation services shall deliver a written contract to the client

(1) within 90 days after receipt of a deposit, and before transportation services are provided; or

(2) as soon as possible, and before transportation services are provided, if a deposit is received less than 90 days before transportation services are to be provided.

(b) A written contract to provide transportation services must

(1) include the name, license number, and signature of the transporter or guide-outfitter, and must include the name of the transporter's or guide-outfitter's business if it is different from the name of the individual transporter or guide-outfitter;

(2) include the name and signature of the client;

(3) list each big game animal to be hunted;

(4) state the cost, payment schedule, and specific weight limitation, if any;

(5) set out the deposit refund or transfer policy upon cancellation;

(6) state that services are for transportation only;

(7) state that guide services are not provided;

(8) state that the client is responsible for salvage of the meat during the hunt;

(9) state that the client is responsible for salvage of the meat after the hunt unless the meat is legally transferred to a third party;

(10) identify the methods of communication with the transporter during the time clients are in the field, such as use of a satellite phone, VHF radio, overflight, or signal device;

(11) state who is responsible for the cost of extra trips to transport meat if necessary;

(12) include the following statement: "A licensed transporter may provide transportation service with accommodations only at a permanent lodge, house, or cabin owned by the transporter or on a boat with permanent living quarters located on salt water. A licensed transporter may not accompany or remain in the field with a big game hunter who is a client of the transporter except as necessary to perform transportation services"; and

(13) include the following statement: "A licensed transporter may not provide vehicles, fuel, camping, hunting equipment, or any hunting services such as skinning, caping, or cleaning of game, glassing, and packing in the field, including from a permanent structure or on a boat on salt water."

(d) During portions of a hunt, a transporter is exempt from transporter contracting requirements of this section when providing transportation services for a client to, from, or in between specific locations operated by another transporter or registered guide-outfitter who has contracted this same hunt with the same client.

History

Authority: AS 08.54.600; AS 08.54.680; AS 08.54.790 AS 08.54.650; AS 08.54.720
Eff. 7/30/2006, Register 179; am 6/8/2007, Register 182; am 7/16/2020, Register 235; am 3/24/2022, Register 241

12 AAC 75.460 Species-specific licensing

(a) A registered guide-outfitter who was initially licensed on or after July 30, 2006, and who wishes to contract to guide a hunt for sheep, moose, brown bear, or mountain goat, must have the specific species named on the registered guide-outfitter's license as an authorized species.

(b) To qualify for the species to be added to an existing license, the registered guide-outfitter must submit

(1) a completed application on a form provided by the department; and

(2) an affidavit signed by the registered guide-outfitter certifying that the registered guide-outfitter has been involved in a minimum of three harvests on guided hunts for that species.

History

Authority: AS 08.54.600; AS 08.54.610; AS 08.54.740
Eff. 12/1/2007, Register 184; am 3/24/2022, Register 241

Article 5 General Provisions

12 AAC 75.900 License renewal

(a) The license renewal requirements in AS 08.54.660 and 08.54.670 apply to persons licensed under AS 08.54.591 - 08.54.790.

(b) Repealed 12/1/2007.

(d) An applicant for renewal of a registered guide-outfitter license must submit

(1) a complete renewal application on a form provided by the department;

(2) the license renewal fees required in 12 AAC 02.230;

(3) if the applicant will contract to guide or outfit a big game hunt during the licensing period for which the applicant is applying, proof of financial responsibility as required in AS 08.54.680(a);

(4) a statement regarding whether the applicant contracted to guide or outfit big game hunts during the concluding licensing period; and

(5) the affidavit required by AS 08.54.660(b).

(e) An applicant for renewal of a transporter license must submit

(1) a complete renewal application on a form provided by the department;

(2) the license renewal fees required in 12 AAC 02.230;

(3) proof of financial responsibility as required in AS 08.54.680(a);

(4) a statement regarding whether the applicant provided transportation services during the concluding licensing period;

(5) the name of one individual who is responsible for managing the transporter's business activities;

(6) copies of the Federal Aviation Administration and United States Coast Guard licenses applicable to the applicant's operations;

(7) the proof required under the applicable provisions of 12 AAC 75.145(b), if the applicant is a corporation, limited liability company, limited liability partnership, or limited partnership; and

(8) the affidavit required by AS 08.54.660(c).

(f) An applicant for renewal of a class-A assistant guide or assistant guide license must submit

(1) a complete renewal application on a form provided by the department;

(2) the license renewal fees required in 12 AAC 02.230; and

(3) the names of the guide-outfitters that employed the applicant during the concluding licensing period.

(g) For the purposes of determining the applicable license renewal fee, the applicant shall state on the application form whether the applicant is a resident.

History

Authority: AS 08.01.100; AS 08.54.660 AS 08.54.600; AS 08.54.670
Eff. 5/24/96, Register 138; am 10/19/96, Register 140; am 7/30/2006, Register 179; am 12/1/2007, Register 184

12 AAC 75.910 Failure to file

In AS 08.54.710(a)(2), "failed to file records or reports required under this chapter" includes

(1) failure to file a record or report timely; or

(2) submitting a record or report that is substantially incomplete.

History

Authority: AS 08.54.600; AS 08.54.710
Eff. 10/19/96, Register 140; readopt 7/30/2006, Register 179

12 AAC 75.920 Hunting, guiding, and practical experience

(a) The hunting, guiding, or practical field experience required under AS 08.54.610 - 08.54.630 will only be accepted by the board if the applicant's hunting and guiding licenses issued by this state were valid and unencumbered during the time period for which experience is claimed.

(b) For purposes of satisfying the hunting experience requirements in AS 08.54.620, the applicant must document at least 20 days of big game hunting activity in a calendar year in order to receive credit for one year.

(c) For the purposes of satisfying the guiding experience requirements in AS 08.54.620(a)(4)(A)(i), the applicant must document at least 60 days of big game guiding activity in three or more calendar years.

(d) For the purposes of the requirements in AS 08.54.630(a)(2), the applicant must document at least 60 days of big game hunting activity during two or more calendar years. At least 30 of the 60 days must be in a guide camp or under the supervision of a licensed guide while performing guide-related duties. Documented passage of the assistant guide training course described in AS 08.54.630(a)(4)(B) may count for 10 days.

(e) For the purposes of the requirements in AS 08.54.630(a)(4)(A), the written recommendation must be signed by the registered guide-outfitter who intends to employ the person as an assistant guide and must attest to the fact that the applicant meets each of the following criteria:

(1) has knowledge and experience in the safe operation of firearms;

(2) has knowledge of guide statutes and regulations and game regulations;

(3) has knowledge in trophy judging, caping, skinning, butchering, and meat and trophy care;

(4) has directly participated in the spotting, stalking, and subsequent harvesting of at least three big game animals in this state;

(5) has knowledge and experience concerning general safety and emergency protocol.

(f) For the purposes of the requirements in AS 08.54.610(d)(1), a person who is licensed as a registered guide-outfitter may be employed by another registered guide-outfitter to prove the services of a class-A assistant guide, statewide, if the non-contracting registered guide-outfitter has had at least 10 days' hunting experience in the game management unit that the non-contracting guide will be assisting the contracting guide in.

(g) In this section, "big game hunting activity" includes working in a guide camp or under the supervision of a licensed guide while performing guide-related duties.

History

Authority: AS 08.54.600; AS 08.54.610; AS 08.54.630 AS 08.54.605; AS 08.54.620
Eff. 12/2/99, Register 152; am 7/30/2006, Register 179; am 6/8/2007, Register 182; am 11/24/2007, Register 184; am 4/13/2013, Register 206; am 6/29/2013, Register 206; am 7/16/2020, Register 235

12 AAC 75.930 Department request for copy of contract

(a) Upon opening an investigation or receiving a complaint on behalf of the board, the department may request a copy of the client contract required under AS 08.54.680.

(b) The department will make that request in writing, and will identify the name of the client whose contract is being requested. Within 30 days after receiving the request, the registered guide-outfitter or transporter shall provide a copy of the requested contract to the department. The department may extend that deadline by an additional 30 days.

History

Authority: AS 08.54.600; AS 08.54.680
Eff. 6/8/2007, Register 182

12 AAC 75.940 Compensation: form and time received

For the purposes of "compensation" as defined in AS 08.54.790, "payment for services" includes receiving remuneration, directly or indirectly, for any provision of services, equipment, or facilities in the field to a person who, in fact,

(1) engages in big game hunting; and

(2) uses or benefits from the services, equipment, or facilities.

History

Authority: AS 08.54.600; AS 08.54.790
Eff. 2/28/2009, Register 189

12 AAC 75.990 Definitions

(a) Unless the context requires otherwise, in AS 08.54 and this chapter,

(1) "board" means the Big Game Commercial Services Board;

(2) "camp" means a primary base of operations in the field for the hunt;

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

(4) "essential duties associated with guiding and outfitting" includes providing, in compliance with AS 08.54 and this chapter, the services listed in AS 08.54.790(9), (11), and (12).

(b) Unless the context requires otherwise, in this chapter,

(1) "resident" has the meaning given in AS 16.05.940;

(2) "specified location" means the name commonly used for a drainage, mountain, lodge, camp, landing strip, or valley that is a documented place name or is commonly used by people frequenting the location.

History

Authority: AS 08.54.600; AS 08.54.620; AS 08.54.710 AS 08.54.610; AS 08.54.630
Eff. 5/24/96, Register 138; am 8/2/96, Register 139; am 10/19/96, Register 140; am 12/25/96, Register 140; am 4/6/2001, Register 158; am 7/30/2006, Register 179

Chapter 76 Pawnbrokers

Article 1 Licensing

12 AAC 76.010 Application for pawnbroker license

An applicant for licensure as a pawnbroker must

(1) submit a complete application on a form provided by the department;

(2) pay the applicable fees established in 12 AAC 02.380;

(3) demonstrate that the applicant has the required experience to engage in business as a pawnbroker by providing

(A) documentation showing at least six months of ownership of or management experience in a business; that documentation must show, at a minimum, experience in financial transactions, the sale or purchase of goods, or maintenance of an inventory; or

(B) documentation of completion of a two-year college degree program or higher level of education;

(4) submit a notarized statement listing each municipality or licensing jurisdiction in which the applicant holds or has ever held a pawnbroker license; and

(5) submit a report under AS 12.62 containing criminal history record information concerning the applicant and issued no earlier than 90 days before the application; if a state other than this state is the applicant's primary state of residence, or if the applicant holds or has ever held a pawnbroker license in a state other than this state, the applicant must also submit an equivalent report issued by that other state and issued no earlier than 90 days before the application.

History

Authority: AS 08.01.060; AS 08.01.080; AS 08.76.110 AS 08.01.065; AS 08.76.100; AS 08.76.470
Eff. 7/1/2011, Register 198

Article 2 License Renewal

12 AAC 76.200 Pawnbroker license renewal

A pawnbroker license must be renewed biennially on or before a date set by the department. To renew a license, an applicant must submit

(1) a complete renewal application on a form provided by the department;

(2) the license renewal fee established in 12 AAC 02.380; and

(3) if required under AS 08.76.140(c), the delayed renewal penalty fee.

History

Authority: AS 08.01.060; AS 08.01.100; AS 08.76.140 AS 08.01.065; AS 08.76.110; AS 08.76.470
Eff. 7/1/2011, Register 198; am 4/18/2025, Register 254

Article 3 General Provisions

12 AAC 76.300 Pawnbroker standards and supervision of non-licensed employees

Only a licensee, or an employee that the licensee directly supervises and has directly trained, may perform an activity that is required under or subject to AS 08.76.

History

Authority: AS 08.01.060; AS 08.76.100; AS 08.76.470
Eff. 7/1/2011, Register 198

12 AAC 76.310 Determination of good character

For purposes of determining good character required under AS 08.76 of an applicant or licensee, the department will consider

(1) one or more of the following to constitute a lack of good character:

(A) conviction of, entry of a plea of guilty to, entry of a plea of no contest to, or having adjudication withheld for a felony or for a misdemeanor involving dishonesty;

(B) conduct that reasonably may be viewed as adversely reflecting on the applicant's or licensee's fitness, ability, or willingness to perform the duties of a pawnbroker in accordance with AS 08.76 and this chapter;

(2) whether the applicant or licensee engages in conduct reflecting dishonesty; for purposes of this paragraph, conduct reflecting dishonesty includes

(A) false statements, fraud, deceit, and misrepresentation; and

(B) conduct in the licensing application or licensing renewal process that reflects dishonesty.

History

Authority: AS 08.76.100; AS 08.76.140; AS 08.76.450 AS 08.76.110; AS 08.76.440; AS 08.76.470
Eff. 7/1/2011, Register 198

12 AAC 76.900 Definition

In this chapter, "department" means the Department of Commerce, Community, and Economic Development.

History

Authority: AS 08.76.470
Eff. 7/1/2011, Register 198

Chapter 77 Behavior Analysts

Article 1 Licensing

12 AAC 77.100 Application for license by examination

(a) The department will issue a license by examination to practice as a behavior analyst or as an assistant behavior analyst to an applicant who meets the requirements of AS 08.15.020 and this section.

(b) An applicant for license by examination under this section must

(1) submit a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) information on the applicant's physical and mental health related to the grounds for license refusal, suspension, or revocation in AS 08.15.050;

(C) information on any criminal convictions related to the grounds for license refusal, suspension, or revocation in AS 08.15.050;

(D) the applicant's notarized signature certifying that the information in the application is correct to the best of the applicant's knowledge; and

(E) the applicant's fingerprint information described in 12 AAC 77.120(a);

(2) pay the application fee, the fingerprint processing fee, and the license fee specified in 12 AAC 02.390; and

(3) provide a copy of the applicant's certificate of examination that meets the requirements of AS 08.15.020(a)(3) or (b)(3) as applicable.

History

Authority: AS 08.15.020; AS 08.15.080
Eff. 12/26/2014, Register 212

12 AAC 77.110 Application for license by credentials

An applicant for a behavior analyst or an assistant behavior analyst license by credentials must submit

(1) a completed application on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) information on the applicant's physical and mental health related to the grounds for license refusal, suspension, or revocation in AS 08.15.050;

(C) information on any criminal convictions related to the grounds for license refusal, suspension, or revocation in AS 08.15.050; and

(D) the applicant's fingerprint information described in 12 AAC 77.120(a);

(2) the application fee, the fingerprint processing fee, and the license fee specified in 12 AAC 02.390;

(3) verification of a current license in another state on a form provided by the department; and

(4) proof of current certification as required in AS 08.15.020(a)(4) or (b)(4) as applicable.

History

Authority: AS 08.15.020; AS 08.15.080
Eff. 12/26/2014, Register 212

12 AAC 77.120 Criminal justice information

(a) An applicant for licensure under 12 AAC 77.100 or 12 AAC 77.110 must submit with the application the applicant's fingerprints and other information required by the Department of Public Safety to obtain state and national criminal justice information under AS 12.62 and AS 12.64.

(b) The department will submit the fingerprints received under this section to the Department of Public Safety and request the Department of Public Safety to

(1) submit the fingerprints to the Federal Bureau of Investigation for a report on national criminal justice information;

(2) perform a check for state criminal justice information; and

(3) report to the department the results of the criminal justice information checks under (1) and (2) of this subsection.

History

Authority: AS 08.15.020; AS 08.15.080
Eff. 12/26/2014, Register 212

12 AAC 77.130 Temporary license

(a) The department may issue a temporary nonrenewable license to practice as a behavior analyst to an applicant who meets the requirements of AS 08.15.030 and this section.

(b) An applicant for temporary license under this section must submit

(1) a completed application as required in 12 AAC 77.110; and

(2) the application fee and the temporary license fee specified in 12 AAC 02.390.

(d) A temporary license issued under this section is not renewable and is valid for 30 days in a calendar year from the date of issuance.

History

Authority: AS 08.15.020; AS 08.15.030; AS 08.15.080
Eff. 12/26/2014, Register 212

Article 2 License Renewal

12 AAC 77.200 License renewal

(a) Except as provided in 12 AAC 77.130(d), a license to practice as a behavior analyst or as an assistant behavior analyst expires on September 30 of even-numbered years.

(b) A licensee applying for license renewal must submit to the department

(1) a completed renewal application on a form provided by the department;

(2) proof of current certification as required in AS 08.15.040; and

(3) the license renewal fee specified in 12 AAC 02.390.

History

Authority: AS 08.01.100; AS 08.15.040; AS 08.15.080
Eff. 12/26/2014, Register 212

Article 3 General Provisions

12 AAC 77.990 Definitions

In this chapter and in AS 08.15, unless the context otherwise requires,

(1) "criminal justice information" has the meaning given in AS 12.62.900;

(2) "department" means the Department of Commerce, Community, and Economic Development.

History

Authority: AS 08.15.080
Eff. 12/26/2014, Register 212

Chapter 78 Athletic Trainers

Article 1 Licensing

12 AAC 78.100 Application for athletic trainer license

An applicant for licensure as an athletic trainer must submit

(1) a completed application on a form provided by the department;

(2) the applicable fees established in 12 AAC 02.395;

(3) proof of the applicant's certification as an athletic trainer as required in AS 08.07.020, sent directly to the department from

(A) the Board of Certification, Inc.; or

(B) another nationally recognized professional association approved by the department; and

(4) verification of the applicant's licensure status sent directly to the department from each jurisdiction where the applicant is or was previously licensed to practice athletic training; each verification must include

(A) an explanation of any disciplinary actions taken against the licensee; and

(B) documentation of

(i) any violation of the BOC Standards of Professional Practice, adopted by reference in 12 AAC 78.300(b); and

(ii) any conviction, unresolved pending action, or adverse decision based upon a complaint, investigation, review procedure, or other disciplinary proceeding that the jurisdiction or a federal or state law enforcement agency undertakes, that relates to the applicant's criminal or fraudulent activity, malpractice, or negligent care, and that adversely reflects on the applicant's ability or competence to practice athletic training.

History

Authority: AS 08.07.010; AS 08.07.020; AS 08.07.040
Eff. 7/1/2015, Register 214

Article 2 License Renewal and Maintenance of Current Certification

12 AAC 78.200 License renewal

(a) An individual must renew an athletic trainer license biennially on or before August 31 of odd-numbered years. The department will furnish a renewal reminder to each currently licensed athletic trainer at least 30 days before the renewal date at the address and in the manner that the licensee requests. Failure to receive a renewal reminder does not relieve a licensee from the responsibility of renewing a license on time.

(b) An applicant for renewal of an athletic trainer license must

(1) complete the renewal application on a form provided by the department;

(2) pay the license renewal fee established in 12 AAC 02.395; and

(3) provide proof of the applicant's certification as an athletic trainer as required in AS 08.07.020, sent directly to the department from

(A) the Board or Certification, Inc.; or

(B) another nationally recognized professional association approved by the department.

History

Authority: AS 08.01.100; AS 08.07.020; AS 08.07.040
Eff. 7/1/2015, Register 214

12 AAC 78.210 Maintenance of current certification

A licensee under this chapter shall maintain current certification with the Board of Certification, Inc. or with another nationally recognized professional association approved by the department.

History

Authority: AS 08.07.020; AS 08.07.040
Eff. 7/1/2015, Register 214

Article 3 Athletic Trainer Standards of Practice

12 AAC 78.300 Athletic trainer standards

(a) While engaging in athletic training, an individual licensed under AS 08.07.020 shall display or carry proof of the licensee's current license.

(b) An individual licensed under AS 08.07.020 shall comply with the ethical standards in the Board of Certification, lnc.'s BOC Standards of Professional Practice, dated January 1, 2006 and adopted by reference.

(c) An individual licensed under AS 08.07.020 or an individual licensed to practice medicine or osteopathy under AS 08.64 may supervise at the same time not more than five student athletic trainers described in AS 08.07.010(a)(1).

(d) An individual licensed under AS 08.07.020 shall inform the department not later than 30 days after any disciplinary action taken by the Board of Certification, Inc., by another nationally recognized professional association approved by the department, or by any jurisdiction in which the individual holds a license to practice athletic training. If the licensee fails to provide timely notification in accordance with this subsection, the department may impose disciplinary action, including probation, suspension or the individual's license, or revocation of the individual's license.

History

Authority: AS 08.07.020; AS 08.07.040
Eff. 7/1/2015, Register 214

Article 4 General Provisions

12 AAC 78.900 Definition

In AS 08.07 and this chapter, "department" means the Department of Commerce, Community, and Economic Development.

History

Authority: AS 08.07.040
Eff. 7/1/2015, Register 214

Chapter 79 Massage Therapists

Article 1 Licensing

12 AAC 79.100 Application for licensure by examination

(a) The board will issue a license by examination to practice massage therapy to an applicant who meets the requirements of AS 08.61.030 and this section.

(b) An applicant for licensure by examination under this section must submit

(1) a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) information related to the grounds of disciplinary sanctions under AS 08.61.060;

(D) the application fee, fingerprint processing fee, and license fee specified in 12 AAC 02.396;

(2) verification of massage therapy education, sent directly from the school or program to the division office; verification must consist of

(A) on or before June 30, 2019, an official school transcript evidencing completion of a course of study of at least 500 hours of in-class supervised instruction and clinical work from a massage therapy school or program that

(i) has authorization to operate from the Alaska Commission on Postsecondary Education under AS 14.48 or from a similar agency of another state; or

(ii) is accredited by a nationally recognized accrediting agency; or

(B) on or after July 1, 2019, an official school transcript evidencing completion of a course of study of at least 625 hours of in-class supervised instruction and clinical work from a massage therapy school or program that

(i) has authorization to operate from the Alaska Commission on Postsecondary Education under AS 14.48 or from a similar agency of another state; or

(ii) is accredited by a nationally recognized accrediting agency; or

(C) evidence satisfactory to the board of completion of an apprenticeship program that meets the requirements and standards of the Commission on Massage Therapy Accreditation (COMTA) and the requirements and standards of the Coalition of National Massage Therapy Organizations, Entry Level Analysis Project (ELAP) Work Groups, The Core: Entry-Level Massage Education Blueprint, dated December 2013, and adopted by reference;

(3) verification, sent directly from the appropriate agency to the division office, of having passed

(A) the Massage and Bodywork Licensing Examination (MBLEx) administered by the Federation of State Massage Therapy Boards; or

(B) the National Certification Examination for Therapeutic Massage or the National Certification Examination for Therapeutic Massage and Bodywork, each administered by the National Certification Board for Therapeutic Massage and Bodywork, if the applicant took the examination before February 1, 2015;

(4) a current certification in cardiopulmonary resuscitation received through

(A) the American Red Cross;

(B) the American Heart Association;

(D) a course that adheres to the most recent American Heart Association guidelines; or

(E) a course that is compliant with current Joint Commission standards; and

(5) the following:

(A) on or before June 30, 2019, verification of having completed at least four hours of safety education in bloodborne pathogens and universal precautions in the two years preceding the application; or

(B) on or after July 1, 2019, verification of having completed at least two hours of safety education in bloodborne pathogens and universal precautions in the two years preceding the application.

(c) In this section, "in-class supervised instruction" means education received either in a physical classroom or through online distance education.

(d) To meet the educational requirements of this section and 12 AAC 79.140, online distance education courses

(1) must be completed through a board-approved online distance education monitoring program;

(2) must meet the requirements of (b)(2)(B) of this section; and

(3) may not include the practical application hours described in 12 AAC 79.140(a)(2).

History

Authority: AS 08.61.020; AS 08.61.030; AS 08.61.090
Eff. 1/17/2016, Register 217; am 4/17/2019, Register 230; am 3/25/2020, Register 233; am 5/26/2023, Register 246; am 11/1/2024, Register 252

12 AAC 79.110 Application for licensure by credentials

(a) The board will issue a license by credentials to practice massage therapy to an applicant who meets the requirements of AS 08.61.040 and this section.

(b) An applicant for licensure by credentials under this section must submit

(1) a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) information related to the grounds of disciplinary sanctions under AS 08.61.060;

(D) the application fee, fingerprint processing fee, and license fee specified in 12 AAC 02.396;

(2) verification, sent directly from the appropriate agency to the division office, that the applicant

(A) holds a current license to practice massage therapy in another state, jurisdiction, or country where licensing requirements are substantially equal to or greater than the requirements of this state; or

(B) is certified by a board-approved credentialing entity; and

(3) current certification in cardiopulmonary resuscitation received through

(A) the American Red Cross;

(B) the American Heart Association;

(D) a course that adheres to the most recent American Heart Association guidelines; or

(E) a course that is compliant with current Joint Commission standards.

(c) Before approving an applicant for licensure by credentials, the board may require additional documentation to substantiate the education claimed by the applicant.

History

Authority: AS 08.61.020; AS 08.61.040 AS 08.61.030; AS 08.61.090
Eff. 1/17/2016, Register 217; am 4/17/2019, Register 230; am 3/25/2020, Register 233; am 6/6/2021, Register 238; am 11/1/2024, Register 252

12 AAC 79.115 Temporary military courtesy license

(a) The board will issue a temporary military courtesy license or certification to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice massage therapy to an applicant who meets the requirements of AS 08.01.063 and this section not later than 30 days after the board receives a completed application.

(b) An applicant for a temporary military courtesy license or certification under this section

(1) must submit an application on a form provided by the department;

(2) must submit the fingerprint information described in 12 AAC 79.130;

(3) must submit a copy of

(A) the applicant's current active duty military orders showing assignment to a duty station in this state; or

(B) if the applicant is the spouse of an active duty military member, the applicant's spouse's current active duty military orders showing assignment to a duty station in this state;

(4) must submit documentation showing the applicant is currently licensed or certified in another licensing or certifying jurisdiction where licensing or certification requirements are substantially equal to or greater than the requirements of this state, as determined by the board, and the applicant's license or certification in the other jurisdiction is not suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education requirements;

(5) may not have been convicted of a crime that affects the applicant's ability to practice massage therapy competently and safely, as determined by the board; and

(6) must pay

(A) the temporary license application fee and fee for a temporary license set out under 12 AAC 02.105; and

(B) the fingerprint processing fee specified in 12 AAC 02.396.

(e) The board may refuse to issue a temporary military courtesy license or certification for the same reasons that it may deny, suspend, or revoke a license under AS 08.61.060.

History

Authority: AS 08.01.062; AS 08.01.063; AS 08.61.020
Eff. 10/16/2022, Register 244

12 AAC 79.120 Application for transitional license

(a) The board will issue a license under this section to an applicant who applies for licensure before July 1, 2017, and who meets the requirements of AS 08.61.030(1), (2), (4) - (6), and (9) and this section.

(b) An applicant for licensure under this section must submit

(1) a completed application, on a form provided by the department; the completed application must include

(A) the personal identification information requested on the form;

(B) information related to the grounds of disciplinary sanctions under AS 08.61.060;

(D) the application fee, fingerprint processing fee, and license fee specified in 12 AAC 02.396;

(2) a current certification in cardiopulmonary resuscitation through the American Red Cross, American Heart Association, American Safety and Health Institute, or an equivalent organization; and

(3) verification that the applicant owned, operated, or worked for a massage therapy business and performed the practice of massage therapy before July 1, 2015, by submitting

(A) a copy of the applicant's signed federal tax income tax returns for one of the five years immediately preceding July 1, 2015, listing the person's occupation as massage therapist in this state;

(B) copies of the applicant's signed schedule C federal income tax returns for one of the five years immediately preceding July 1, 2015, demonstrating that the person has reported income from the practice of massage therapy in this state;

(C) a sworn statement from the applicant's employer in this state attesting that the applicant has practiced massage therapy within the five years immediately preceding July 1, 2015, a copy of the business license of the applicant's employer, and a copy of the applicant's Form W-2 or Form 1099-MISC from the same employer;

(D) a copy of the municipal occupational license that was current on the day before July 1, 2015, from a municipality in this state, stating the applicant's occupation as a massage therapist;

(E) documentation that the person has, for at least one year immediately preceding July 1, 2015, been an active member, as a massage therapist, in a national professional massage therapy association that was established before January 1, 2000, offers professional liability insurance as a benefit of membership, and has an established code of professional ethics; or

(F) other documentation satisfactory to the board.

History

Authority: AS 08.61.020; AS 08.61.090Sec. 10, ch. 114, AS 08.61.030 SLA 2014
Eff. 1/17/2016, Register 217

12 AAC 79.130 Criminal justice information

(a) An applicant for licensure under 12 AAC 79.100, 12 AAC 79.110, or 12 AAC 79.120 must submit with the application the applicant's fingerprints and other information required by the Department of Public Safety to obtain state and national criminal justice information under AS 12.62 and AS 12.64.

(b) The board will submit the fingerprints received under this section to the Department of Public Safety and request the Department of Public Safety to

(1) submit the fingerprints to the Federal Bureau of Investigation for a report on national criminal justice information;

(2) perform a check for state criminal justice information; and

(3) report to the board the results of the criminal justice information checks under (1) and (2) of this subsection.

(c) The request under (b) of this section for a criminal justice information report does not delay administrative processing of the applicant's license application. An application will not be considered complete until the criminal justice information required in (a) of this section is received by the board. If criminal justice information that raises questions about an applicant's qualifications for licensure is received after a license has been issued to the applicant, the department and the board will take action under AS 08.61 and AS 44.62 as appropriate.

History

Authority: AS 08.61.020; AS 08.61.030; AS 08.61.040
Eff. 1/17/2016, Register 217; am 5/1/2019, Register 230

12 AAC 79.140 Massage school education requirements

(a) An applicant for a massage therapy license must show

(1) successful completion of not less than 625 hours of in-class supervised instruction and clinical work from an approved massage school; and

(2) that the practical application portion of the approved massage school curriculum is not more than 20 percent of the total hours of the massage therapy program.

(b) In this section,

(1) "in-class supervised instruction" means education received either in a physical classroom or through online distance education.

(2) "practical application" means a hands-on application of various clinical modalities dedicated to the practice of massage therapy.

History

Authority: AS 08.61.020; AS 08.61.030; AS 08.61.100
Eff. 4/17/2019, Register 230; am 5/26/2023, Register 246

Article 2 License Renewal and Continuing Education

12 AAC 79.200 License renewal

(a) A massage therapy license must be renewed biennially on or before September 30 of odd-numbered years. A renewal reminder document will be mailed to each currently licensed massage therapist at least 30 days before the renewal date. Failure to receive a renewal notice does not relieve a licensee from the responsibility of renewing a license on time.

(b) An applicant for renewal of a massage therapy license shall meet the requirements set out under AS 08.61.050 and submit

(1) a completed renewal application on a form provided by the department;

(2) beginning October 1, 2017, and at least once every six years thereafter, the applicant's fingerprint information described in 12 AAC 79.130 and the fingerprint processing fee specified in 12 AAC 02.396;

(3) the license renewal fee specified in 12 AAC 02.396; and

(4) attestation that the applicant

(A) holds a current certification in cardiopulmonary resuscitation through

(i) the American Red Cross;

(ii) the American Heart Association;

(iii) the American Safety and Health Institute;

(iv) a course that adheres to the most recent American Heart Association guidelines; or

(v) a course that is compliant with current Joint Commission standards; and

(B) has satisfied the continuing education requirements set out under 12 AAC 79.210.

(c) The board will reinstate a massage therapy license that has lapsed less than three years if the applicant meets the requirements of (b)(1), (2), and (3) of this section and submits

(1) proof of current certification in cardiopulmonary resuscitation through

(A) the American Red Cross;

(B) the American Heart Association;

(D) a course that adheres to the most recent American Heart Association guidelines; or

(E) a course that is compliant with current Joint Commission standards; and

(2) proof satisfactory to the board of completion of all continuing education required by 12 AAC 79.210.

(d) A massage therapy license that has lapsed three years or more may not be reinstated.

History

Authority: AS 08.61.020; AS 08.61.050
Eff. 5/28/2016, Register 218; am 4/17/2019, Register 230; am 3/25/2020, Register 233; am 12/13/2023, Register 248; am 7/26/2024, Register 251; am 11/1/2024, Register 252

12 AAC 79.210 Continuing education requirements

(a) Each biennial licensing period, an applicant for renewal of a massage therapy license shall complete

(1) not less than 16 continuing education credits completed between the beginning of the concluding licensing period and the time of application, two of which must be in ethics; and

(2) a cardiopulmonary resuscitation course as required under 12 AAC 79.200.

(b) An applicant for renewal may receive two hours of continuing education credit for completion of a hands-on cardiopulmonary resuscitation course through the American Red Cross, American Heart Association, American Safety and Health Institute, a course that adheres to the most recent American Heart Association guidelines, or a course that is compliant with current Joint Commission standards.

(1) an approved massage school;

(2) a regionally or nationally accredited institution of higher education; a course, seminar, workshop, or other program through that institution must be approved by the board as directly related to the skills and knowledge required for the practice of massage therapy; or

(3) a local, state, or national professional organization that serves the massage therapy profession, including

(A) Associated Bodywork and Massage Professionals;

(B) the American Massage Therapy Association;

(D) the National Certification Board for Therapeutic Massage and Bodywork.

(d) An applicant for renewal is responsible for maintaining adequate and detailed records of all continuing education hours claimed and shall make the records available to the board upon request under 12 AAC 79.220. Records must be retained for four years from the date the contact hours were obtained.

(e) An applicant for renewal may receive three continuing education credits for attending at least 75 percent of a regularly scheduled board meeting once every biennial licensing period.

(f) An applicant for renewal who has been licensed more than 90 days but less than 12 months of the concluding biennial license period is not required to submit an attestation of having satisfied continuing education requirements, as required under 12 AAC 79.200(b).

(g) For the purposes of this section,

(1) one continuing education credit equals one hour of classroom instruction between instructor and participant;

(2) one academic semester credit equals 15 contact hours; and

(3) one academic quarter credit equals 10 contact hours.

History

Authority: AS 08.61.020; AS 08.61.030; AS 08.61.050
Eff. 5/28/2016, Register 218; am 7/15/2016, Register 219; am 7/5/2017, Register 223; am 4/17/2019, Register 230; am 3/25/2020, Register 233; am 6/6/2021, Register 238; am 5/26/2023, Register 246; am 7/26/2024, Register 251; am 11/1/2024, Register 252

12 AAC 79.220 Audit and documentation

A licensee shall comply with all applicable requirements of 12 AAC 02.960 and 12 AAC 02.965. If selected for an audit of continuing education activities, the licensee shall cooperate with the department and shall submit all requested verifications of continuing education activities claimed by the licensee.

History

Authority: AS 08.61.020; AS 08.61.050
Eff. 5/28/2016, Register 218

Article 3 General Provisions

12 AAC 79.900 Code of ethics, standards of practice, and establishment standards of operation

The Alaska Board of Massage Therapists Code of Ethics, Standards of Practice, and Establishment Standards of Operation, dated September 2019, is adopted by reference as the code of ethics for massage therapists in the state. In order to maintain a high standard of integrity in the profession and to safeguard the health and welfare of the public, massage therapists licensed in this state shall adhere to the code of ethics.

History

Authority: AS 08.61.020
Eff. 1/17/2016, Register 217; am 5/1/2019, Register 230; am 3/25/2020, Register 233

12 AAC 79.905 Disciplinary sanctions

The following acts constitute grounds for disciplinary sanctions against a licensee:

(1) failure by the licensee to

(A) cooperate with an official investigation by the board or an agent of the board;

(B) report to the board a disciplinary action taken against the licensee by another licensing jurisdiction, health care entity, or law enforcement agency within 30 days after the date of the action;

(2) disciplinary action taken against the licensee by another licensing authority;

(3) conviction of a crime that affects the licensee's ability to practice competently or safely.

History

Authority: AS 08.61.020; AS 08.61.040; AS 08.61.060
Eff. 7/26/2024, Register 251

12 AAC 79.910 "Moral turpitude" defined

Under AS 08.61.030, a crime involving moral turpitude includes

(1) homicide;

(2) manslaughter;

(3) assault;

(4) stalking;

(5) kidnapping;

(6) sexual assault;

(7) sexual abuse of a minor;

(8) unlawful exploitation of a minor, including possession or distribution of child pornography;

(9) indecent exposure;

(10) unlawful distribution or possession for distribution of a controlled substance;

(11) prostitution;

(12) sex trafficking;

(13) murder;

(14) human trafficking;

(15) criminal sexual conduct;

(16) incest;

(17) robbery;

(18) extortion;

(19) forgery;

(20) theft;

(21) endangering the welfare of a child;

(22) endangering the welfare of a vulnerable adult;

(23) reckless endangerment.

History

Authority: AS 08.61.020; AS 08.61.030
Eff. 1/17/2016, Register 217; am 7/5/2017, Register 223

12 AAC 79.920 Application form and verifications for licensure

(a) If, upon receipt by the division of the last document required to complete an application file, the file contains an application form or verification that has a postmark date that is more than six months old, the document will be considered to be stale and the applicant must resubmit the document or cause the document to be resubmitted as appropriate before the application will be considered by the board or the board's designee.

(b) Verifications from massage schools and programs will not be considered stale under (a) of this section.

(c) An applicant whose license application has been approved pending receipt of the license fee or additional required documentation must submit the license fee or documentation satisfactory to the board that the additional requirements have been met to the department within six months after being notified that the license application was approved. An applicant who does not submit the license fee or additional required documentation to the department within six months after being notified that the license application was approved must reapply for licensure.

(d) In this section, "application form or verification" means

(1) an application for a license or permit;

(2) a verification of licensure from an appropriate licensing authority in a state, territory, province, or other country; or

(3) fingerprint information described in 12 AAC 79.130.

History

Authority: AS 08.61.020
Eff. 4/17/2019, Register 230; am 6/6/2021, Register 238

12 AAC 79.930 Regulation of massage therapy establishments

(a) A massage therapy establishment, unless exempted under (b) of this section, must register with the board by submitting

(1) a completed application form provided by the department;

(2) a notarized, completed self-inspection report form provided by the department, including certification of compliance with the establishment standards of operation adopted by reference in 12 AAC 79.900;

(3) the fee required under 12 AAC 02.396; and

(4) documentation of a current business license (AS 43.70) in this state.

(b) A massage therapy establishment is exempt from complying with (a) and (c) of this section if the majority owner of the massage therapy establishment business is a currently licensed

(1) acupuncturist under AS 08.06;

(2) chiropractor under AS 08.20;

(3) naturopath under AS 08.45;

(4) massage therapist under AS 08.61;

(5) physician, osteopath, mobile intensive care paramedic, or physician assistant under AS 08.64;

(6) direct-entry midwife under AS 08.65;

(7) advanced practice registered nurse under AS 08.68; or

(8) physical or occupational therapist under AS 08.84.

(c) The owner or manager of a massage therapy establishment shall notify the department in writing by submitting the items required under (a) of this section for a new registration not later than 30 days following any change in ownership of the massage therapy establishment.

(d) The owner or manager of a massage therapy establishment shall notify the department in writing not later than 30 days following a change in physical location by submitting

(1) a completed form provided by the department;

(2) a completed self-inspection report form described under (a)(2) of this section; and

(3) the fee required under 12 AAC 02.396.

(e) A massage therapy establishment required to be registered under this section must renew the registration on or before September 30 of every odd-numbered year by submitting

(1) a complete registration renewal form; and

(2) the registration renewal fee required under 12 AAC 02.396.

(f) A massage therapy establishment owner must notify the department in writing not later than 15 days after the establishment ceases operations.

(g) The department will maintain a registry of all massage therapy establishments registered with the board.

(h) In this section, "massage therapy establishment" means a fixed or mobile place of business that

(1) is owned by a natural person, partnership, limited partnership, corporation, company, limited liability company, or other entity;

(2) engages in, conducts, or permits massage or massage therapy to be conducted for any form of compensation, or uses the word "massage" in any solicitation or advertisement.

History

Authority: AS 08.01.100; AS 08.61.020
Eff. 3/25/2020, Register 233; am 6/6/2021, Register 238

12 AAC 79.940 Unregistered massage therapy establishment investigation

Unless the massage therapy establishment is exempt from registration under 12 AAC 79.930(b), if an inspection or complaint of an unregistered massage therapy establishment results in an investigation, the unregistered massage therapy establishment owner shall pay the investigation fee required by 12 AAC 02.396 to the department for each investigation.

History

Authority: AS 08.01.065; AS 08.61.020
Eff. 6/6/2021, Register 238

12 AAC 79.950 Internet advertising requirements

(a) A licensed massage therapist or registered massage therapy establishment shall display the licensee's license number or massage therapy establishment's registration number on each Internet advertisement.

(b) For purposes of this section, "Internet advertisement" means a message in an Internet medium that offers or solicits a person to utilize the services of the advertising massage therapist or massage therapy establishment.

History

Authority: AS 08.61.020; AS 08.61.060; AS 08.61.070
Eff. 7/26/2024, Register 251

12 AAC 79.990 Definitions

(a) In AS 08.61 and this chapter,

(1) "criminal justice information" has the meaning given in AS 12.62.900;

(2) "universal and standard precautions" means the infectious control precautions that are recommended by the United States Department of Health and Human Services, Centers for Disease Control and Prevention, to be used to prevent the transmission of bloodborne germs such as human immunodeficiency virus and hepatitis B virus.

(b) In this chapter, unless the context requires otherwise,

(1) "board" means the Board of Massage Therapists;

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

(3) "licensee" means a massage therapist licensed under AS 08.61.

(4) "division" means the division of corporations, business, and professional licensing in the department.

History

Authority: AS 08.61.020 Appendix - Emergency Regulations Title 12. rofessional Regulations
Eff. 1/17/2016, Register 217; am 7/5/2017, Register 223; am 4/17/2019, Register 230

Earlier captured publisher text

The following text is retained from an earlier capture. Its inclusion does not determine its current legal effect.

Earlier captured 12 AAC 32.011 {#publisher-history-03f5d0dd2aa3e4d1a7cd-1000000 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.011--publisher-history-03f5d0dd2aa3e4d1a7cd}

12 AAC 32.011. Qualifications for an electrical administrator license in the outside linework category.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/22/83, Register 86; am 3/16/84, Register 89; am 6/18/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.011 {#publisher-history-7b352cf12ee60c39c060-1000001 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.011-688}

Deleted.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/22/83, Register 86; am 3/16/84, Register 89; am 6/18/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.021 {#publisher-history-285af2127f8a00ce19a8-1000002 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.021--publisher-history-285af2127f8a00ce19a8}

12 AAC 32.021. Examination for an electrical administrator license in the outside linework category.

History

Eff. 7/28/77, Register 63; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.021 {#publisher-history-ad0dcdd6a65b1ca74b01-1000003 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.021-692}

Deleted.

History

Eff. 7/28/77, Register 63; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.031 {#publisher-history-1ed56716b9cc4a6059f0-1000004 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.031--publisher-history-1ed56716b9cc4a6059f0}

12 AAC 32.031. Scope of an electrical administrator license in the outside linework category.

History

Eff. 7/28/77, Register 63; am 4/11/79, Register 70; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.031 {#publisher-history-ad0dc555ede76b7b242b-1000005 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.031-696}

Deleted.

History

Eff. 7/28/77, Register 63; am 4/11/79, Register 70; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.051 {#publisher-history-99a5dcbd21d7206645c7-1000006 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.051--publisher-history-99a5dcbd21d7206645c7}

12 AAC 32.051. Qualifications for an electrical administrator license in the outside communications category.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.051 {#publisher-history-c60e1561d6b8db8d8dbf-1000007 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.051-704}

Deleted.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.061 {#publisher-history-c86acac7e8106b6d8fb0-1000008 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.061--publisher-history-c86acac7e8106b6d8fb0}

12 AAC 32.061. Examination for an electrical administrator license in the outside communications category.

History

Eff. 7/28/77, Register 63; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.061 {#publisher-history-ad0dcdd6a65b1ca74b01-1000009 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.061-708}

Deleted.

History

Eff. 7/28/77, Register 63; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.071 {#publisher-history-f57d35afdb885a3abdc3-1000010 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.071--publisher-history-f57d35afdb885a3abdc3}

12 AAC 32.071. Scope of an electrical administrator license in the outside communications category.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.071 {#publisher-history-912e94db2baed5284575-1000011 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.071-712}

Deleted.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.090 {#publisher-history-5cdf358bf941b00368c4-1000012 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.090--publisher-history-5cdf358bf941b00368c4}

12 AAC 32.090. Qualifications for an electrical administrator license in the inside wiring category.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/22/83, Register 86; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.090 {#publisher-history-ccf2ad562417fb7dccbf-1000013 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.090-716}

Deleted.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/22/83, Register 86; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.100 {#publisher-history-3e4dc97f57631cc86be2-1000014 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.100--publisher-history-3e4dc97f57631cc86be2}

12 AAC 32.100. Examination for an electrical administrator license in the inside wiring category.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.100 {#publisher-history-8d7e7c1e5ebc23a3ea9e-1000015 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.100-718}

Deleted.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.110 {#publisher-history-a14bdfc8849b65c6cdd6-1000016 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.110--publisher-history-a14bdfc8849b65c6cdd6}

12 AAC 32.110. Scope of an electrical administrator license in the inside wiring category.

History

Eff. 7/28/77, Register 63; am 4/11/79, Register 70; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.110 {#publisher-history-513abc7ed81f1ebc88d7-1000017 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.110-721}

Deleted.

History

Eff. 7/28/77, Register 63; am 4/11/79, Register 70; am 3/16/84, Register 89; am 8/16/84, Register 91; am 7/31/86, Register 99; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.130 {#publisher-history-35b30511b4c8eaad2803-1000018 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.130--publisher-history-35b30511b4c8eaad2803}

12 AAC 32.130. Qualifications for an electrical administrator license in the inside communications category.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.130 {#publisher-history-9e1784e8a67bcf011688-1000019 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.130-725}

Deleted.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.140 {#publisher-history-431b8e569c8a379583b7-1000020 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.140--publisher-history-431b8e569c8a379583b7}

12 AAC 32.140. Examination for an electrical administrator license in the inside communications category.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.140 {#publisher-history-8d7e7c1e5ebc23a3ea9e-1000021 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.140-727}

Deleted.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.150 {#publisher-history-9453335f4e7fa989710d-1000022 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.150--publisher-history-9453335f4e7fa989710d}

12 AAC 32.150. Scope of an electrical administrator license in the inside communications category.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.150 {#publisher-history-59cfee6606128e45d959-1000023 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.150-730}

Deleted.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.170 {#publisher-history-aaf614e3f14e2e874edd-1000024 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.170--publisher-history-aaf614e3f14e2e874edd}

12 AAC 32.170. Qualifications for an electrical administrator license in the residential wiring category.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.170 {#publisher-history-c60e1561d6b8db8d8dbf-1000025 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.170-734}

Deleted.

History

Eff. 7/28/77, Register 63; am 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.180 {#publisher-history-9b85f69ab2e23ab0d839-1000026 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.180--publisher-history-9b85f69ab2e23ab0d839}

12 AAC 32.180. Examination for an electrical administrator license in the residential wiring category.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.180 {#publisher-history-8d7e7c1e5ebc23a3ea9e-1000027 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.180-737}

Deleted.

History

Eff. 7/28/77, Register 63; am 8/16/84, Register 91; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.190 {#publisher-history-9de7c8957b4e65e0ddef-1000028 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.190--publisher-history-9de7c8957b4e65e0ddef}

12 AAC 32.190. Scope of an electrical administrator license in the residential wiring category.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.190 {#publisher-history-24b63fa83ad0a1cb5648-1000029 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.190-740}

Deleted.

History

Eff. 7/28/77, Register 63; am 7/20/83, Register 87; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.201 {#publisher-history-4ccbdbcddc2efe1d092a-1000030 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.201--publisher-history-4ccbdbcddc2efe1d092a}

12 AAC 32.201. Qualifications for an electrical administrator license in the controls and control wiring category.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.201 {#publisher-history-f46b56ac01599fb50200-1000031 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.201-743}

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.211 {#publisher-history-ebedd64337d364a60ce2-1000032 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.211--publisher-history-ebedd64337d364a60ce2}

12 AAC 32.211. Examination for an electrical administrator license in the controls and control wiring category.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.211 {#publisher-history-f46b56ac01599fb50200-1000033 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.211-746}

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.221 {#publisher-history-7d4460942e754aea04f4-1000034 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.221--publisher-history-7d4460942e754aea04f4}

12 AAC 32.221. Scope of an electrical administrator license in the controls and control wiring category.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.221 {#publisher-history-f46b56ac01599fb50200-1000035 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.221-750}

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.250 {#publisher-history-e9b537d8dcc9e54dd611-1000036 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.250--publisher-history-e9b537d8dcc9e54dd611}

12 AAC 32.250. Application requirements.

History

Eff. 4/11/79, Register 70; am 11/7/81, Register 80; am 8/23/85, Register 95; am 4/18/88, Register 106; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.250 {#publisher-history-aa06987fed8b21be636f-1000037 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.250-756}

Deleted.

History

Eff. 4/11/79, Register 70; am 11/7/81, Register 80; am 8/23/85, Register 95; am 4/18/88, Register 106; am 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.261 {#publisher-history-03a6ab0a63a5b970f42b-1000038 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.261--publisher-history-03a6ab0a63a5b970f42b}

12 AAC 32.261. Final filing date.

History

Eff. 8/23/85, Register 95; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.261 {#publisher-history-fa9d8e92a100894408cf-1000039 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.261-760}

Deleted.

History

Eff. 8/23/85, Register 95; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.280 {#publisher-history-c66ae87f2f2cd87cc594-1000040 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.280--publisher-history-c66ae87f2f2cd87cc594}

12 AAC 32.280. License renewal.

History

Eff. 3/31/82, Register 81; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.280 {#publisher-history-f7a49eb79a43a57651e6-1000041 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.280-765}

Deleted.

History

Eff. 3/31/82, Register 81; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.300 {#publisher-history-d1f25babde1e8753ff23-1000042 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.300--publisher-history-d1f25babde1e8753ff23}

12 AAC 32.300. Purpose of continuing education.

History

Eff. 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.300 {#publisher-history-a1df5836b7383c04257a-1000043 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.300-767}

Deleted.

History

Eff. 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.305 {#publisher-history-ef9e83dc314d51ad7053-1000044 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.305--publisher-history-ef9e83dc314d51ad7053}

12 AAC 32.305. Purpose of continuing education.

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131

Earlier captured 12 AAC 32.305 {#publisher-history-2ef585bc99ec48f048a8-1000045 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.305-769}

History

Authority: AS 08.40.050; AS 08.40.135
Eff. 7/7/94, Register 131

Earlier captured 12 AAC 32.310 {#publisher-history-d0c5a904f115b219d213-1000046 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.310--publisher-history-d0c5a904f115b219d213}

12 AAC 32.310. Hours of continuing education required.

History

Eff. 4/22/83, Register 86; am 8/23/85, Register 95; am 4/8/88, Register 106; am 9/29/90, Register 115; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.310 {#publisher-history-30c621c25047a98aa1f0-1000047 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.310-771}

Deleted.

History

Eff. 4/22/83, Register 86; am 8/23/85, Register 95; am 4/8/88, Register 106; am 9/29/90, Register 115; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.321 {#publisher-history-3649a5455faad47def65-1000048 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.321--publisher-history-3649a5455faad47def65}

12 AAC 32.321. Approved workshops.

History

Eff. 9/29/90, Register 115; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.321 {#publisher-history-aacdf3a943456a013823-1000049 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.321-775}

Deleted.

History

Eff. 9/29/90, Register 115; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.330 {#publisher-history-574af4fe7a5eea85f57d-1000050 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.330--publisher-history-574af4fe7a5eea85f57d}

12 AAC 32.330. Individual study.

History

Eff. 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.330 {#publisher-history-a1df5836b7383c04257a-1000051 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.330-778}

Deleted.

History

Eff. 4/22/83, Register 86; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.340 {#publisher-history-d50e4cc0c1e070e70330-1000052 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.340--publisher-history-d50e4cc0c1e070e70330}

12 AAC 32.340. Report of continuing education.

History

Eff. 4/22/83, Register 86; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.340 {#publisher-history-dd3d71f8de89b66d8671-1000053 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.340-781}

Deleted.

History

Eff. 4/22/83, Register 86; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.350 {#publisher-history-0b79c18b3842f30465b3-1000054 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.350--publisher-history-0b79c18b3842f30465b3}

12 AAC 32.350. Exemption from continuing education requirements.

History

Eff. 4/22/83, Register 86; am 7/31/86, Register 99; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.350 {#publisher-history-d570a93edcc7c41a93e2-1000055 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.350-784}

Deleted.

History

Eff. 4/22/83, Register 86; am 7/31/86, Register 99; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.410 {#publisher-history-3162380639b9e1343774-1000056 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.410--publisher-history-3162380639b9e1343774}

12 AAC 32.410. Examination.

History

Eff. 7/28/77, Register 63; am 3/31/82, Register 81; am 7/20/83, Register 87; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.410 {#publisher-history-190ebe04080473e1f090-1000057 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.410-788}

Deleted.

History

Eff. 7/28/77, Register 63; am 3/31/82, Register 81; am 7/20/83, Register 87; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.420 {#publisher-history-9d46e78b68c5abc786ef-1000058 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.420--publisher-history-9d46e78b68c5abc786ef}

12 AAC 32.420. Reexamination.

History

Eff. 7/28/77, Register 63; am 11/7/81, Register 80; am 8/23/85, Register 95; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.420 {#publisher-history-50657895ccaa06865919-1000059 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.420-790}

Deleted.

History

Eff. 7/28/77, Register 63; am 11/7/81, Register 80; am 8/23/85, Register 95; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.430 {#publisher-history-9c17452c7ed6f1492ea2-1000060 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.430--publisher-history-9c17452c7ed6f1492ea2}

12 AAC 32.430. Notice of examination.

History

Eff. 4/11/79, Register 70; am 8/23/85, Register 95; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.430 {#publisher-history-ed2a67d139bdb08576fc-1000061 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.430-792}

Deleted.

History

Eff. 4/11/79, Register 70; am 8/23/85, Register 95; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.900 {#publisher-history-98cafa5b66a5b44bd2f7-1000062 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.900--publisher-history-98cafa5b66a5b44bd2f7}

12 AAC 32.900. Licensed electrical administrator is responsible for completed project.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.900 {#publisher-history-091539a15469a1ff3339-1000063 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.900-794}

Deleted.

History

Eff. 7/28/77, Register 63; am 3/21/82, Register 81; am 4/8/88, Register 106; deleted as of Register 132, January 1995

Earlier captured 12 AAC 32.903 {#publisher-history-85b47704ce3eb1ab7f83-1000064 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.903--publisher-history-85b47704ce3eb1ab7f83}

12 AAC 32.903. Supervision responsibility.

History

Authority: AS 08.40.045; AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

Earlier captured 12 AAC 32.903 {#publisher-history-2177cd76a283c3c6f5ae-1000065 omnilex-key=us-ak-regs-official--title-12--12 AAC 32.903-796}

12 AAC 32.903 was originally numbered as 12 AAC 32.905 by the Department of Commerce and Economic Development in its emergency regulations which were effective on 7/7/94, Register 131. As of Register 132, the regulations attorney renumbered the preceding section to 12 AAC 32.903 because 12 AAC 32.905 already existed in the Board of Electrical Examiner's regulations effective on 8/23/85, Register 95. (a) A licensed electrical administrator is responsible for supervising all electrical work performed under that administrator's license in accordance with AS 08.40.195. (b) Completion of work conducted under an electrical administrator's license constitutes certification by the administrator that work performed and materials used conform to applicable codes and standards. (c) In compliance with AS 08.40.195, an electrical administrator shall maintain a record of supervised work, on a form provided by the department. The electrical administrator must sign the certification statement on that form, verifying the administrator's supervision of any work for which the administrator had responsibility or control. An electrical administrator shall submit the records of supervised work upon request by the department and shall retain the records for a minimum of three years from the date the certification statement is signed.

History

Authority: AS 08.40.045; AS 08.40.050; AS 08.40.195
Eff. 7/7/94, Register 131; am 11/26/94, Register 132

Earlier captured 12 AAC 36.045 {#publisher-history-2b946b6ad4efd702cc5b-1000066 omnilex-key=us-ak-regs-official--title-12--12 AAC 36.045-832}

History

Authority: AS 08.48.101
Eff. 5/5/2023, Register 246

Earlier captured 12 AAC 39.005 {#publisher-history-67b531996a1268e71d34-1000067 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.005--publisher-history-67b531996a1268e71d34}

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.005 {#publisher-history-5ae4d906fe90a71c5594-1000068 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.005-965}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.010 {#publisher-history-c4152d36edfe42ea0a66-1000069 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.010--publisher-history-c4152d36edfe42ea0a66}

12 AAC 39.010. Application for licensure by examination.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.010 {#publisher-history-5ae4d906fe90a71c5594-1000070 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.010-968}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.020 {#publisher-history-33242f920d6865742909-1000071 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.020--publisher-history-33242f920d6865742909}

12 AAC 39.020. Application for licensure by credentials.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.020 {#publisher-history-5ae4d906fe90a71c5594-1000072 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.020-971}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.030 {#publisher-history-b4399906a2ed7b8833f1-1000073 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.030--publisher-history-b4399906a2ed7b8833f1}

12 AAC 39.030. Final filing date.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.030 {#publisher-history-5ae4d906fe90a71c5594-1000074 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.030-976}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.200 {#publisher-history-b833aed9b19bcf353ed0-1000075 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.200--publisher-history-b833aed9b19bcf353ed0}

12 AAC 39.200. Plumbing category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.200 {#publisher-history-5ae4d906fe90a71c5594-1000076 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.200-980}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.210 {#publisher-history-da7a036774d74b2b6469-1000077 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.210--publisher-history-da7a036774d74b2b6469}

12 AAC 39.210. Scope of the plumbing category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.210 {#publisher-history-48a2ba0106c4f4f3af67-1000078 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.210-983}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.220 {#publisher-history-809922b607a12ee0f709-1000079 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.220--publisher-history-809922b607a12ee0f709}

12 AAC 39.220. Heating, cooling, and process piping category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.220 {#publisher-history-5ae4d906fe90a71c5594-1000080 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.220-986}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.230 {#publisher-history-3badce82ca424624e956-1000081 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.230--publisher-history-3badce82ca424624e956}

12 AAC 39.230. Scope of the heating, cooling, and process piping category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.230 {#publisher-history-48a2ba0106c4f4f3af67-1000082 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.230-989}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.240 {#publisher-history-f54a59ebb6d039b6e4d3-1000083 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.240--publisher-history-f54a59ebb6d039b6e4d3}

12 AAC 39.240. HVAC/sheet metal category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.240 {#publisher-history-5ae4d906fe90a71c5594-1000084 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.240-992}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.250 {#publisher-history-10e75fe0ebbf0624d261-1000085 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.250--publisher-history-10e75fe0ebbf0624d261}

12 AAC 39.250. Scope of the HVAC/sheet metal category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.250 {#publisher-history-48a2ba0106c4f4f3af67-1000086 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.250-995}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.260 {#publisher-history-b6988a5dffd4396e1297-1000087 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.260--publisher-history-b6988a5dffd4396e1297}

12 AAC 39.260. Refrigeration category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.260 {#publisher-history-5ae4d906fe90a71c5594-1000088 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.260-998}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.270 {#publisher-history-0c9794ea41e84fb0201a-1000089 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.270--publisher-history-0c9794ea41e84fb0201a}

12 AAC 39.270. Scope of the refrigeration category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.270 {#publisher-history-48a2ba0106c4f4f3af67-1000090 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.270-1001}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.280 {#publisher-history-25ecb6b698da5448c2ff-1000091 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.280--publisher-history-25ecb6b698da5448c2ff}

12 AAC 39.280. Sprinkler system fire protection category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.280 {#publisher-history-5ae4d906fe90a71c5594-1000092 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.280-1004}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.290 {#publisher-history-3b0ad56412fabf96c210-1000093 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.290--publisher-history-3b0ad56412fabf96c210}

12 AAC 39.290. Scope of the sprinkler system fire protection category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.290 {#publisher-history-48a2ba0106c4f4f3af67-1000094 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.290-1007}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.300 {#publisher-history-a6061b45bfb628948022-1000095 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.300--publisher-history-a6061b45bfb628948022}

12 AAC 39.300. Dry chemical fire protection category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.300 {#publisher-history-5ae4d906fe90a71c5594-1000096 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.300-1010}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.310 {#publisher-history-c5b8d6688ce0a75f5c05-1000097 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.310--publisher-history-c5b8d6688ce0a75f5c05}

12 AAC 39.310. Scope of the dry chemical fire protection category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.310 {#publisher-history-48a2ba0106c4f4f3af67-1000098 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.310-1013}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.320 {#publisher-history-0ac9df5e494df9421c16-1000099 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.320--publisher-history-0ac9df5e494df9421c16}

12 AAC 39.320. Mechanical systems temperature control category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.320 {#publisher-history-5ae4d906fe90a71c5594-1000100 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.320-1016}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.330 {#publisher-history-f087aa9652d8f358c50c-1000101 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.330--publisher-history-f087aa9652d8f358c50c}

12 AAC 39.330. Scope of the mechanical systems temperature control category.

History

Eff. 6/23/89, Register 111; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.330 {#publisher-history-dca547f1e15ac5719c2a-1000102 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.330-1019}

Deleted.

History

Eff. 6/23/89, Register 111; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.340 {#publisher-history-286ea367e6db88239fbd-1000103 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.340--publisher-history-286ea367e6db88239fbd}

12 AAC 39.340. Residential plumbing and hydronic heating category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.340 {#publisher-history-5ae4d906fe90a71c5594-1000104 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.340-1022}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.350 {#publisher-history-6331481fe93f13948e38-1000105 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.350--publisher-history-6331481fe93f13948e38}

12 AAC 39.350. Scope of the residential plumbing and hydronic heating category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.350 {#publisher-history-48a2ba0106c4f4f3af67-1000106 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.350-1024}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.360 {#publisher-history-673c3e697eb96a087ea5-1000107 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.360--publisher-history-673c3e697eb96a087ea5}

12 AAC 39.360. Residential HVAC category qualifications.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.360 {#publisher-history-5ae4d906fe90a71c5594-1000108 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.360-1026}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.370 {#publisher-history-6fd9e070242f3ae784f1-1000109 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.370--publisher-history-6fd9e070242f3ae784f1}

12 AAC 39.370. Scope of the residential HVAC category.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.370 {#publisher-history-48a2ba0106c4f4f3af67-1000110 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.370-1028}

Deleted.

History

Eff. 6/23/89, Register 111; am 11/19/89, Register 112; am 9/11/93, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.900 {#publisher-history-994ca0d85f84a25caf80-1000111 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.900--publisher-history-994ca0d85f84a25caf80}

12 AAC 39.900. Responsibility for completed project.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.900 {#publisher-history-5ae4d906fe90a71c5594-1000112 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.900-1037}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.910 {#publisher-history-d03a2900ec17fc822e6d-1000113 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.910--publisher-history-d03a2900ec17fc822e6d}

12 AAC 39.910. Change of employer or company affiliation.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.910 {#publisher-history-5ae4d906fe90a71c5594-1000114 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.910-1040}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.920 {#publisher-history-4e2a3d8624b727fa5e30-1000115 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.920--publisher-history-4e2a3d8624b727fa5e30}

12 AAC 39.920. Installation by a mechanical administrator.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.920 {#publisher-history-5ae4d906fe90a71c5594-1000116 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.920-1043}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.930 {#publisher-history-e8621fb8529d87224e8a-1000117 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.930--publisher-history-e8621fb8529d87224e8a}

12 AAC 39.930. Scope of mechanical contractor.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.930 {#publisher-history-5ae4d906fe90a71c5594-1000118 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.930-1045}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.940 {#publisher-history-536f32019aa0f420bf96-1000119 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.940--publisher-history-536f32019aa0f420bf96}

12 AAC 39.940. Controls and control wiring.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.940 {#publisher-history-f46b56ac01599fb50200-1000120 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.940-1047}

Deleted.

History

Eff. 10/11/91, Register 120; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.990 {#publisher-history-b260d5fe2d7a7589b394-1000121 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.990--publisher-history-b260d5fe2d7a7589b394}

12 AAC 39.990. Definitions.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 39.990 {#publisher-history-5ae4d906fe90a71c5594-1000122 omnilex-key=us-ak-regs-official--title-12--12 AAC 39.990-1051}

Deleted.

History

Eff. 6/23/89, Register 111; deleted as of Register 132, January 1995

Earlier captured 12 AAC 40.967 {#publisher-history-21cc7df654672798fa93-1000123 omnilex-key=us-ak-regs-official--title-12--12 AAC 40.967--publisher-history-21cc7df654672798fa93}

12 AAC 40.967. Unprofessional conduct.

History

Authority: AS 08.01.070; AS 08.64.326; AS 17.30.200 AS 08.64.100; AS 08.64.364 AS 08.64.101; AS 08.64.380
Eff. 3/16/2000, Register 153; am 9/5/2002, Register 163; am 4/2/2004, Register 169; am 10/14/2006, Register 180; am 7/25/2008, Register 187; am 9/9/2010, Register 195; am 5/8/2013, Register 206; am 8/24/2016, Register 219; am 10/8/2017, Register 224; am 3/25/2020, Register 233

Earlier captured 12 AAC 40.967 {#publisher-history-a0b8d8bdc5f814f754a0-1000124 omnilex-key=us-ak-regs-official--title-12--12 AAC 40.967-1136}

12 AAC 40.967 was originally adopted, and took effect 3/16/2000, Register 153, numbered as 12 AAC 40.230. As of Register 154, July 2000, the regulations attorney relocated the provision to instead appear as 12 AAC 40.967. For purposes of AS 08.64.240(b) and AS 08.64.326, "unprofessional conduct" means an act or omission by an applicant or licensee that does not conform to the generally accepted standards of practice for the profession for which the applicant seeks licensure or a permit under AS 08.64 or which the licensee is authorized to practice under AS 08.64. "Unprofessional conduct" includes the following: (1) submitting or causing the submission of testimony, a statement, or a document for consideration by the board knowing it contained false, misleading, or omitted material information or was fraudulently obtained; for purposes of this paragraph, "document" includes an affidavit, certificate, transcript, diploma, board certification information, reference letters, or translation of a foreign language document; (2) misrepresenting, concealing, or failing to disclose material information to (A) obtain a license or permit under AS 08.64; or (B) renew a license under AS 08.64; (3) purchase, sale, barter, or alteration of a license or permit issued under AS 08.64; (4) the use of a license or permit obtained as described in (3) of this section; (5) committing, or attempting to commit, fraud or deception, or attempting to subvert the process relating to an examination required under AS 08.64; (6) practicing a profession licensed under AS 08.64 without a required license or permit or with a lapsed, expired, retired, or inactive license or permit; (7) permitting or employing an unlicensed person to practice a profession licensed under AS 08.64 (A) without the required license or permit under AS 08.64; or (B) while the person's license or permit was revoked, suspended, surrendered, or canceled in this state; (8) delegating professional practice responsibilities that require a license or permit under AS 08.64 to a person who does not possess the appropriate education, training, or licensure to perform the responsibilities; (9) failing to prepare and maintain accurate, complete, and legible records in accordance with generally accepted standards of practice for each patient and to make those records available to the board and the board's representatives for inspection for investigation purposes; (10) falsifying, intentionally making an incorrect entry, destroying, or failing to maintain patient or facility medical records for at least seven years from the date of the last entry; (11) failing to provide copies of complete patient records in the licensee's custody and control within 30 days after receipt of a written request from the patient or the patient's guardian; (12) intentionally or negligently releasing or disclosing confidential patient information; this paragraph does not apply to disclosures required under state or federal law or when disclosure is necessary to prevent an imminent risk of harm to the patient or others; (13) offering, giving, soliciting, or receiving fees or other benefits, in whole or in part, to a person for bringing in or referring a patient; (14) harassing, disruptive, or abusive behavior by a licensee directed at staff or a patient, a patient's relative, or a patient's guardian; (15) disruptive behavior by a licensee at the workplace that interferes with the provision of patient care; (16) discriminating on the basis of the patient's race, religion, color, national origin, ancestry, or sex in the provision of professional services; (17) conviction of a felony or a crime involving moral turpitude; under this paragraph, a "crime involving moral turpitude" includes the following: (A) homicide; (B) manslaughter; (C) assault; (D) stalking; (E) kidnapping; (F) sexual assault; (G) sexual abuse of a minor; (H) unlawful exploitation of a minor, including possession or distribution of child pornography; (I) indecent exposure; (J) unlawful distribution or possession for distribution of a controlled substance; for purposes of this subparagraph, "controlled substance" has the meaning given in AS 11.71.900; (18) using alcohol or other drugs (A) to the extent that the use interferes with professional practice functions of the licensee or endangers the safety of patients; or (B) that is illegal under state or federal law; (19) failing (A) to comply with AS 08.64.336; or (B) to report to the board or the board's representatives facts known to the licensee regarding incompetent or repeated negligent conduct, gross negligence, unprofessional conduct, sexual misconduct, or other illegal conduct by another licensee under AS 08.64.326; (20) failing to report to the board or the board's representatives that the licensee's hospital privileges have been denied, revoked, suspended, or limited by a hospital or other health care facility for disciplinary reasons by the physician in charge; this paragraph does not apply to a temporary suspension pending completion of medical records by the governing body of the hospital or other health care facility; (21) facilitating the practice of a profession licensed under AS 08.64 by a person who is not licensed, incompetent, or mentally, emotionally, or physically unable to practice safely; (22) failing to fulfill the responsibility and duties of a collaborating physician in any collaborative relationship entered into under AS 08.64 with a physician assistant; (23) violating provisions of any disciplinary sanction issued under AS 08.64; (24) failing to cooperate with an official investigation by the board or the board's representatives, including failing to timely provide requested information; (25) failing to allow the board or the board's representative, upon written request, to examine and have access to records maintained by the licensee that relate to the licensee's practice under AS 08.64; (26) failing to report to the board, no later than 30 days after (A) the effective date of the action, any criminal charges by a law enforcement agency, or any disciplinary action against the licensee taken by another licensing jurisdiction, health care entity, or regulatory agency; (B) the date of conviction, any conviction of a crime referred to in AS 08.64.326(a)(4); (27) providing treatment, rendering a diagnosis, or prescribing medications based solely on a patient-supplied history that a physician licensed in this state received by telephone, facsimile, or electronic format; (28) after performing surgery, failing to continue care of a surgical patient of the licensee through a post-surgical recovery and healing period, either by providing the care directly, delegating the care to one or more individuals who have the appropriate education, training, and licensure or certification to provide definitive care, or coordinating with another qualified physician or other medical professional who agrees to assume responsibility for managing the patient's post-surgical care; (29) for a physician or physician assistant, prescribing, dispensing, or furnishing a prescription medication without first conducting a physical examination of the person, unless the licensee has a patient-physician or patient-physician assistant relationship with the person; this paragraph does not apply to prescriptions written or medications issued (A) for use in emergency treatment; (B) for expedited partner therapy for sexually transmitted diseases; (C) in response to an infectious disease investigation, public health emergency, infectious disease outbreak, or act of bioterrorism; or (D) by a physician or physician assistant practicing telemedicine under AS 08.64.364; (30) failing to notify the board of the location of patient records within 30 days after a licensee has retired or closed a practice; or (31) knowingly delegating a function, task, or responsibility to another person if the delegation would be reasonably likely to pose a substantial risk of harm to a patient; (32) permitting patient care that includes administering a botulinum toxin or dermal filler, autotransplanting biological materials, or treating with chemical peels below the dermal layer, or hot lasers, by a person who is not an appropriate health care provider trained and licensed under AS 08 to perform the treatment; (33) failure of a licensee who has a federal Drug Enforcement Administration (DEA) registration number to register with the controlled substance prescription database under AS 17.30.200; (34) failure of a licensee or licensee's designee to review the controlled substance prescription database under AS 17.30.200, when prescribing, dispensing, or administering a controlled substance designated schedule II or III under federal law to a patient; (35) any conduct described in (1) - (34) of this section that occurred in another licensing jurisdiction and is related to the applicant's or licensee's qualifications to practice.

History

Authority: AS 08.01.070; AS 08.64.326; AS 17.30.200 AS 08.64.100; AS 08.64.364 AS 08.64.101; AS 08.64.380
Eff. 3/16/2000, Register 153; am 9/5/2002, Register 163; am 4/2/2004, Register 169; am 10/14/2006, Register 180; am 7/25/2008, Register 187; am 9/9/2010, Register 195; am 5/8/2013, Register 206; am 8/24/2016, Register 219; am 10/8/2017, Register 224; am 3/25/2020, Register 233

Earlier captured 12 AAC 44.770 {#publisher-history-977368685181c9786435-1000125 omnilex-key=us-ak-regs-official--title-12--12 AAC 44.770-1234}

History

Authority: AS 08.68.100
Eff. 4/27/83, Register 86; am 11/7/87, Register 104; am 4/9/94, Register 130; am 11/10/2002, Register 164; am 7/22/2004, Register 171; am 10/15/2004, Register 172; am 5/18/2006, Register 178; am 11/19/2008, Register 188; am 12/23/2009, Register 192; am 3/19/2014, Register 209; am 5/16/2018, Register 226; am 3/5/2020, Register 233; am 5/7/2020, Register 234

Earlier captured publisher context

Earlier captions and authority/source notes are retained below. Their inclusion does not determine their current legal effect.

12 AAC 32.011 Electrical Administrators

12 AAC 32.011 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.021 Electrical Administrators

12 AAC 32.021 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.031 Electrical Administrators

12 AAC 32.031 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.051 Electrical Administrators

12 AAC 32.051 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.061 Electrical Administrators

12 AAC 32.061 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.071 Electrical Administrators

12 AAC 32.071 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.090 Electrical Administrators

12 AAC 32.090 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.100 Electrical Administrators

12 AAC 32.100 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.110 Electrical Administrators

12 AAC 32.110 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.130 Electrical Administrators

12 AAC 32.130 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.140 Electrical Administrators

12 AAC 32.140 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.150 Electrical Administrators

12 AAC 32.150 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.170 Electrical Administrators

12 AAC 32.170 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.180 Electrical Administrators

12 AAC 32.180 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.190 Electrical Administrators

12 AAC 32.190 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.201 Electrical Administrators

12 AAC 32.201 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.211 Electrical Administrators

12 AAC 32.211 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.221 Electrical Administrators

12 AAC 32.221 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.250 Electrical Administrators

12 AAC 32.250 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.261 Electrical Administrators

12 AAC 32.261 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.280 Electrical Administrators

12 AAC 32.280 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.300 Electrical Administrators

12 AAC 32.300 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.305 Electrical Administrators

12 AAC 32.305 took effect 7/7/94 as an emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 132, January 1995 differed from the emergency regulation even though the section's history note did not reflect an amendment to that section

12 AAC 32.310 Electrical Administrators

12 AAC 32.310 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.321 Electrical Administrators

12 AAC 32.321 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.330 Electrical Administrators

12 AAC 32.330 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provisions had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.340 Electrical Administrators

12 AAC 32.340 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.350 Electrical Administrators

12 AAC 32.350 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.410 Electrical Administrators

12 AAC 32.410 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.420 Electrical Administrators

12 AAC 32.420 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.430 Electrical Administrators

12 AAC 32.430 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.900 Electrical Administrators

12 AAC 32.900 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Electrical Examiners; that board's existence terminated June 30, 1992

12 AAC 32.903 Electrical Administrators

12 AAC 39.005 Mechanical Administrators

12 AAC 39.010 Mechanical Administrators

12 AAC 39.010 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.020 Mechanical Administrators

12 AAC 39.020 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.030 Mechanical Administrators

12 AAC 39.030 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.200 Mechanical Administrators

12 AAC 39.200 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.210 Mechanical Administrators

12 AAC 39.210 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.220 Mechanical Administrators

12 AAC 39.220 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.230 Mechanical Administrators

12 AAC 39.230 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.240 Mechanical Administrators

12 AAC 39.240 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.250 Mechanical Administrators

12 AAC 39.250 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.260 Mechanical Administrators

12 AAC 39.260 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.270 Mechanical Administrators

12 AAC 39.270 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.280 Mechanical Administrators

12 AAC 39.280 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.290 Mechanical Administrators

12 AAC 39.290 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.300 Mechanical Administrators

12 AAC 39.300 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.310 Mechanical Administrators

12 AAC 39.310 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.320 Mechanical Administrators

12 AAC 39.320 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.330 Mechanical Administrators

12 AAC 39.330 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.340 Mechanical Administrators

12 AAC 39.340 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.350 Mechanical Administrators

12 AAC 39.350 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.360 Mechanical Administrators

12 AAC 39.360 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.370 Mechanical Administrators

12 AAC 39.370 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.900 Mechanical Administrators

12 AAC 39.900 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.910 Mechanical Administrators

12 AAC 39.910 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.920 Mechanical Administrators

12 AAC 39.920 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.930 Mechanical Administrators

12 AAC 39.930 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.940 Mechanical Administrators

12 AAC 39.940 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993

12 AAC 39.990 Mechanical Administrators

12 AAC 39.990 was deleted by the regulations attorney as of Register 132, January 1995 because it was obsolete. The provision had been adopted by the former Board of Mechanical Examiners; that board's existence terminated June 30, 1993