Revisor’s notes. —

The provisions of this title were redrafted in 1982 to remove personal pronouns pursuant to § 4, ch. 58, SLA 1982, and to make other minor word changes. Additional minor word changes were also made throughout the title in 1987, 1991, 1998, 2010, and 2018.

Cross references. —

For temporary provisions relating to occupational licensing and the COVID-19 public health disaster emergency declared on March 11, 2020, see § 6 and 8, ch. 10, SLA 2020 in the 2020 Temporary and Special Acts.

For a temporary provision relating to immunity for certain licenses for actions related to exposure to COVID-19, see sec. 14, ch. 2, SLA 2021. in the 2021 Temporary and Special Acts.

Administrative Code. —

For professional and vocational regulations, see 12 AAC.

Collateral references. —

51 Am. Jur. 2d, Licenses and Permits, §§ 1 — 151.

53 C.J.S., Licenses, § et seq.

Chapter 01. Centralized Licensing.

Administrative Code. —

For general occupational licensing functions, see 12 AAC 02.

Sec. 08.01.010. Applicability of chapter.

This chapter applies to the

  1. Board of Public Accountancy (AS 08.04.010 );
  2. regulation of acupuncturists under AS 08.06;
  3. State Board of Registration for Architects, Engineers, and Land Surveyors (AS 08.48.011 );
  4. Athletic Commission (AS 05.05 and AS 05.10);
  5. regulation of athletic trainers under AS 08.07;
  6. regulation of audiologists and speech-language pathologists under AS 08.11;
  7. Board of Barbers and Hairdressers (AS 08.13.010 );
  8. regulation of behavior analysts under AS 08.15;
  9. Big Game Commercial Services Board (AS 08.54.591 );
  10. regulation of business licenses under AS 43.70;
  11. Board of Chiropractic Examiners (AS 08.20.010 );
  12. regulation of collection agencies under AS 08.24;
  13. regulation of concert promoters under AS 08.92;
  14. regulation of construction contractors and home inspectors under AS 08.18;
  15. Board of Dental Examiners (AS 08.36.010 );
  16. regulation of dietitians and nutritionists under AS 08.38;
  17. Board of Certified Direct-Entry Midwives (AS 08.65.010 );
  18. regulation of dispensing opticians under AS 08.71;
  19. regulation of electrical and mechanical administrators under AS 08.40;
  20. regulation of agencies that perform euthanasia services under AS 08.02.050 ;
  21. regulation of professional geologists under AS 08.02.011 ;
  22. regulation of private professional guardians and private professional conservators (AS 08.26);
  23. regulation of hearing aid dealers under AS 08.55;
  24. Board of Marine Pilots (AS 08.62.010 );
  25. Board of Marital and Family Therapy (AS 08.63.010 );
  26. Board of Massage Therapists (AS 08.61.010 );
  27. State Medical Board (AS 08.64.010 );
  28. regulation of morticians under AS 08.42;
  29. regulation of the practice of naturopathy under AS 08.45;
  30. Board of Nursing (AS 08.68.010 );
  31. regulation of nursing home administrators under AS 08.70;
  32. Board of Examiners in Optometry (AS 08.72.010 );
  33. regulation of pawnbrokers (AS 08.76.100 08.76.590 );
  34. Board of Pharmacy (AS 08.80.010 );
  35. State Physical Therapy and Occupational Therapy Board (AS 08.84.010 );
  36. Board of Professional Counselors (AS 08.29.010 );
  37. Board of Psychologist and Psychological Associate Examiners (AS 08.86.010 );
  38. Real Estate Commission (AS 08.88.011 );
  39. Board of Certified Real Estate Appraisers (AS 08.87.010 );
  40. Board of Social Work Examiners (AS 08.95.010 );
  41. Board of Veterinary Examiners (AS 08.98.010 ).

History. (am E.O. No. 60, § 3 (1985); § 1 ch 59 SLA 1966; am § 2 ch 136 SLA 1967; am § 2 ch 101 SLA 1968; am § 2 ch 143 SLA 1968; am § 2 ch 151 SLA 1968; am § 1 ch 106 SLA 1970; am § 6 ch 32 SLA 1971; am § 4 ch 179 SLA 1972; am § 2 ch 45 SLA 1973; am § 14 ch 65 SLA 1973; am § 1 ch 43 SLA 1975; am § 1 ch 43 SLA 1977; am § 1 ch 141 SLA 1980; am § 1 ch 142 SLA 1980; am § 42 ch 167 SLA 1980; am §§ 9, 10 ch 6 SLA 1984; am § 1 ch 37 SLA 1985; am § 2 ch 56 SLA 1986; am § 1 ch 71 SLA 1986; am § 2 ch 131 SLA 1986; am § 1 ch 2 FSSLA 1987; am § 1 ch 74 SLA 1987; am § 48 ch 94 SLA 1987; am § 1 ch 45 SLA 1988; am § 12 ch 85 SLA 1988; am § 1 ch 98 SLA 1988; am § 3 ch 126 SLA 1988; am § 1 ch 132 SLA 1988; am § 1 ch 37 SLA 1989; am § 3 ch 6 SLA 1990; am § 2 ch 177 SLA 1990; am § 2 ch 129 SLA 1992; am § 1 ch 130 SLA 1992; am §§ 1, 37 ch 101 SLA 1994; am §§ 1, 12 ch 91 SLA 1995; am §§ 1, 16 ch 33 SLA 1996; am § 1 ch 131 SLA 1996; am § 2 ch 75 SLA 1998; am § 2 ch 118 SLA 1998; am § 2 ch 67 SLA 1999; am § 2 ch 72 SLA 1999; am § 1 ch 42 SLA 2000; am § 1 ch 62 SLA 2002; am § 1 ch 134 SLA 2003; am § 1 ch 84 SLA 2004; am § 1 ch 84 SLA 2005; am § 2 ch 40 SLA 2008; am § 2 ch 49 SLA 2010; am § 1 ch 36 SLA 2014; am § 1 ch 41 SLA 2014; am § 1 ch 114 SLA 2014)

Revisor’s notes. —

The second 1988 amendment, which added a new paragraph referring to the regulation of electrical administrators, was superseded by the enactment of ch. 98, SLA 1988, which reestablished the Board of Electrical Examiners, referred to in former paragraph (12). Consequently, the second 1988 amendment is not set out in the text of the section.

Under § 57, ch. 40, SLA 2008, the repeal of paragraph (16) by § 4, ch. 19, SLA 2008 was disregarded.

Reorganized in 1985, 1988, 1991, 1992, 1994, 1998, 1999, 2002, 2010, and 2014 to categorize and alphabetize the material and to retain that organization. Paragraph (19) was enacted as (37); renumbered in 2002, at which time other paragraphs were also renumbered to maintain alphabetical order.

Cross references. —

For a temporary provision relating to occupational licensing and the COVID-19 pubic health emergency disaster declared on January 15, 2021, see sec. 7, ch. 2, SLA 2021, in the 2021 Temporary and Special Acts.

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For application requirements and licensing, see 12 AAC 12, art. 1.

Effect of amendments. —

The first 2014 amendment, effective July 1, 2015, added present paragraph (5).

The second 2014 amendment, effective September 16, 2014, added present paragraph (8).

The third 2014 amendment, effective July 1, 2015, added present paragraph (26).

Sec. 08.01.020. Board organization.

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

History. (§ 1 ch 59 SLA 1966; am § 2 ch 94 SLA 1987)

Sec. 08.01.025. Public members.

A public member of a board may not

  1. be engaged in the occupation that the board regulates;
  2. be associated by legal contract with a member of the occupation that the board regulates except as a consumer of the services provided by a practitioner of the occupation; or
  3. have a direct financial interest in the occupation that the board regulates.

History. (§ 1 ch 258 SLA 1976)

Sec. 08.01.030. Quorum.

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

History. (§ 1 ch 59 SLA 1966)

Sec. 08.01.035. Appointments and terms.

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

History. (§ 3 ch 94 SLA 1987; am § 13 ch 85 SLA 1988; am § 1 ch 80 SLA 1996)

Sec. 08.01.040. Transportation and per diem.

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

History. (§ 1 ch 59 SLA 1966)

Sec. 08.01.050. Administrative duties of department.

  1. The department shall perform the following administrative and budgetary services when appropriate:
    1. collect and record fees;
    2. maintain records and files;
    3. issue and receive application forms;
    4. notify applicants of acceptance or rejection as determined by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as determined by the department under applicable law;
    5. designate dates examinations are to be held and notify applicants;
    6. publish notice of examinations and proceedings;
    7. arrange space for holding examinations and proceedings;
    8. notify applicants of results of examinations;
    9. issue licenses or temporary licenses as authorized by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as authorized by the department under applicable law;
    10. issue duplicate licenses upon submission of a written request by the licensee attesting to loss of or the failure to receive the original and payment by the licensee of a fee established by regulation adopted by the department;
    11. notify licensees of renewal dates at least 30 days before the expiration date of their licenses;
    12. compile and maintain a current register of licensees;
    13. answer routine inquiries;
    14. maintain files relating to individual licensees;
    15. arrange for printing and advertising;
    16. purchase supplies;
    17. employ additional help when needed;
    18. perform other services that may be requested by the board;
    19. provide inspection, enforcement, and investigative services to the boards and for the occupations listed in AS 08.01.010 regarding all licenses issued by or through the department;
    20. retain and safeguard the official seal of a board and prepare, sign, and affix a board seal, as appropriate, for licenses approved by a board;
    21. issue business licenses under AS 43.70.
  2. The form and content of a license, authorized by a board listed in AS 08.01.010 , including any document evidencing renewal of a license, shall be determined by the department after consultation with and consideration of the views of the board concerned.
  3. [Repealed, § 49 ch 94 SLA 1987.]
  4. At the request of one of the following boards, the department may contract with public agencies and private professional organizations to provide assistance and treatment to persons licensed by the board who abuse alcohol, other drugs, or other substances:
    1. Board of Social Work Examiners;
    2. Board of Dental Examiners;
    3. Board of Marital and Family Therapy;
    4. State Medical Board;
    5. Board of Nursing;
    6. Board of Examiners in Optometry;
    7. Board of Pharmacy;
    8. State Physical Therapy and Occupational Therapy Board;
    9. Board of Professional Counselors;
    10. Board of Psychologist and Psychological Associate Examiners; and
    11. Board of Veterinary Examiners.

History. (§ 1 ch 59 SLA 1966; am § 1 ch 102 SLA 1976; am § 39 ch 218 SLA 1976; am § 2 ch 258 SLA 1976; am §§ 1, 2 ch 49 SLA 1980; am § 1 ch 82 SLA 1980; am § 2 ch 141 SLA 1980; am § 1 ch 166 SLA 1980; am § 1 ch 48 SLA 1983; am § 3 ch 56 SLA 1986; am § 3 ch 131 SLA 1986; am § 2 ch 74 SLA 1987; am § 21 ch 87 SLA 1987; am §§ 4, 49 ch 94 SLA 1987; am § 2 ch 45 SLA 1988; am § 2 ch 98 SLA 1988; am § 4 ch 6 SLA 1990; am § 1 ch 99 SLA 1990; am § 1 ch 34 SLA 1992; am § 2 ch 101 SLA 1994; am § 2 ch 91 SLA 1995; am § 2 ch 33 SLA 1996; am § 4 ch 32 SLA 1997; am § 3 ch 75 SLA 1998; am § 3 ch 118 SLA 1998; am § 1 ch 152 SLA 2003; am § 4 ch 19 SLA 2008)

Revisor’s notes. —

Minor word changes were made in 1986 to reconcile amendments made to (a)(4) and (a)(9) of this section by chapters 56 and 131, SLA 1986. In 2010, former paragraph (d)(12) was renumbered as (d)(3) to retain alphabetical order.

Cross references. —

For construction of the 1996 amendments, see § 15, ch. 33, SLA 1996 in the Temporary and Special Acts. For transitional provisions relating to the 1996 amendments, see § 13 and 14, ch. 33, SLA 1996 in the Temporary and Special Acts. For transition provisions relating the 1998 amendments to subsection (d) by § 3, ch. 75, SLA 1998, see § 7, ch. 75, SLA 1998 in the 1998 Temporary and Special Acts.

For provisions relating to issuance of a temporary license to a person who served in the armed forces, see AS 08.01.064 .

Administrative Code. —

For collection of fees, see 12 AAC 2, art. 1.

For occupational licensing fees, see 12 AAC 2, art. 2.

For examination review procedures, see 12 AAC 2, art. 3.

For audiologists, see 12 AAC 7.

For application requirements and licensing, see 12 AAC 12, art. 1.

For registration and licensing, see 12 AAC 36, art. 1.

For licenses, permits, and examinations, see 12 AAC 42, art. 1.

For surety fund claims, see 12 AAC 64, art. 6.

Sec. 08.01.060. Application for license.

  1. All applications for examination or licensing to engage in the business or profession covered by this chapter shall be made in writing to the department.
  2. If the applicant is a natural person, the application must require that the applicant submit the applicant’s social security number to the department. Notwithstanding any other provision of this title, a license to engage in a profession may not be issued by the department to a natural person unless the social security number has been provided to the department.

History. (§ 1 ch 59 SLA 1966; am § 6 ch 87 SLA 1997)

Administrative Code. —

For collection of fees, see 12 AAC 2, art. 1.

For application requirements and licensing, see 12 AAC 12, art. 1.

Collateral references. —

Right of person wrongfully refused license upon proper application therefor to do act for which license is required, 30 A.L.R.2d 1006.

Sec. 08.01.062. Courtesy licenses.

  1. A board established under this title and the department, with respect to an occupation that it regulates under this title, may by regulation establish criteria for issuing a temporary courtesy license to nonresidents who enter the state so that, on a temporary basis, they may practice the occupation regulated by the board or the department.
  2. The regulations adopted under (a) of this section may include limitations relating to the
    1. duration of the license’s validity;
    2. scope of practice allowed under the license; and
    3. other matters considered important by the board or the department.

History. (§ 2 ch 126 SLA 1990)

Revisor’s notes. —

Formerly AS 08.02.030 . Renumbered in 1998.

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in (a) of this section in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (a) of this section in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For examination applications and standards, see 12 AAC 9, art. 1.

For licensing, see 12 AAC 16, art. 2.

For licensing, see 12 AAC 40, art. 1.

For applications, see 12 AAC 60, art. 1.

For veterinary licensing and examination, see 12 AAC 68, art. 1.

Sec. 08.01.063. Military courtesy licenses.

  1. Except as provided in (d) of this section, and notwithstanding another provision of law, the department or appropriate board shall issue a temporary courtesy license to an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States if the active duty member or spouse meets the requirements of this section and applies to the department or appropriate board in the manner prescribed by the department or appropriate board. An application must include evidence satisfactory to the department or appropriate board that the applicant
    1. is an active duty member of the armed forces of the United States or is married to and living with a member of the armed forces of the United States who is on active duty and assigned to a duty station in this state under official active duty military orders;
    2. holds a current license or certificate in another state, district, or territory of the United States, or that is recognized by the United States, including a branch of the armed forces of the United States, with requirements that the department or appropriate board determines are substantially equivalent to those established under this title for that occupation;
    3. if required by the department or appropriate board for obtaining a license in the applicant’s profession, has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 ;
    4. has not committed an act in any jurisdiction that would have constituted grounds for the refusal, suspension, or revocation of a license or certificate to practice that occupation under this title at the time the act was committed;
    5. has not been disciplined by a licensing or credentialing entity in another jurisdiction and is not the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing or credentialing entity in another jurisdiction; and
    6. pays any fees required under this title.
  2. The department or appropriate board shall issue a temporary license under this section to a person who meets the requirements under (a) of this section within 30 days after the department or appropriate board receives the person’s completed application for the temporary license.
  3. A temporary courtesy license issued under this section is valid for 180 days and may be extended at the discretion of the department or appropriate board for one additional 180-day period, on application of the holder of the temporary courtesy license.
  4. This section does not apply to the practice of law or the regulation of attorneys under AS 08.08.
  5. The department shall prepare an annual report that describes, for the previous fiscal year, information on temporary courtesy licenses issued under this section, including
    1. expedited application procedures;
    2. progress made toward implementing regulations for the licenses, changes to regulations made to accommodate the needs of military spouses, and any plans for future regulations;
    3. the number and type of the licenses that have been issued; and
    4. the department’s efforts to inform each board authorized to issue a temporary courtesy license under this section and the military community in the state about the licenses.
  6. The department shall submit the report prepared under (e) of this section to the Joint Armed Services Committee on or before the first day of March each year. In addition, the department shall consolidate the two most recent reports and submit a biennial report to the legislature on or before the first day of March during the first regular session of each legislature. The department shall deliver a copy of the biennial report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.
  7. The department shall annually produce and distribute to each board authorized to issue a temporary courtesy license under this section informational materials for the purpose of improving the board’s knowledge of the licenses, the application process, and best practices in providing applicant support. The department shall encourage the boards to designate a single employee to serve as the point of contact for public information and inquiries related to temporary courtesy licenses for military spouses.

History. (§ 1 ch 25 SLA 2011; am §§ 1, 2 ch 29 SLA 2021; am § 1 ch 34 SLA 2021)

Effect of amendments. —

The first 2021 amendment, effective January 1, 2022, in (a), in the introductory language, substituted “shall” for “may” following “appropriate board”, inserted “an active duty member of the armed forces of the United States or” following “temporary courtesy license to”, inserted “active duty member or” following “United States if the”, inserted “meets the requirements of this section and” following “spouse”; in (a)(1), inserted “an active duty member of the armed forces of the United States or is” near the beginning, in (a)(2), inserted “, or that is recognized by the United States, including a branch of the armed forces of the United States,” following “territory of the United States”, and inserted “substantially” following “board determines are”; rewrote (b), which read, “The department or appropriate board shall expedite the procedure for issuance of a license under (a) of this section.”

The second 2021 amendment, effective December 13, 2021, added (e) — (g).

Sec. 08.01.064. Military education, training, and service credit; temporary license.

  1. Notwithstanding another provision of law, the department or applicable board shall accept military education, training, and service for some or all of the qualifications otherwise required of an applicant for a license or certificate issued under this chapter if
    1. the department or applicable board determines that the military education, training, and service is substantially equivalent to some or all of the qualifications otherwise required of an applicant for a license or certificate issued under this chapter; and
    2. the applicant provides satisfactory evidence of successful completion of the education, training, or service as a member of the armed forces of the United States, the United States Reserves, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state.
  2. If the department issues temporary licenses or certificates as authorized by the department or applicable board under AS 08.01.050(a)(9) , the department or applicable board shall issue a temporary license or certificate to a person who
    1. applies to the department or applicable board in a manner prescribed by the department or board;
    2. meets the requirements in AS 08.01.063(a)(3) — (6); and
    3. while in the armed forces of the United States or any state, as described in (a) of this section,
      1. held a current license or certificate in another state, district, or territory of the United States, practiced in the area of the license or certificate, and maintained the license or certificate in active status before and at the time of application for a license or certificate under this subsection; or
      2. was awarded a degree, diploma, or certificate by a branch of the armed forces of the United States or any state, as described in (a) of this section, that met standards for an equivalent license or a certificate of technical training.
  3. The department or applicable board shall expedite the procedure for issuance of a license or certificate under (b) of this section for an applicant who is on active duty.
  4. A license or certificate issued under (b) of this section is valid for 180 days and may be extended at the discretion of the department or applicable board for one additional 180-day period if the holder of the license or certificate applies for an extension on a form approved by the department or applicable board.
  5. The department or applicable board may adopt regulations necessary to implement this section.

History. (§ 1 ch 28 SLA 2013)

Sec. 08.01.065. Establishment of fees.

  1. Except for business licenses, the department shall adopt regulations that establish the amount and manner of payment of application fees, examination fees, license fees, registration fees, permit fees, investigation fees, and all other fees as appropriate for the occupations covered by this chapter.
  2. [Repealed, § 4 ch 34 SLA 1992.]
  3. Except as provided in  (f) — (j) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected for an occupation approximately equals the actual regulatory costs for the occupation. The department shall annually review each fee level to determine whether the regulatory costs of each occupation are approximately equal to fee collections related to that occupation. If the review indicates that an occupation’s fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments and adopt regulations under (a) of this section to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. If a board regulates an occupation covered by this chapter, the department shall consider the board’s recommendations concerning the occupation’s fee levels and regulatory costs before revising fee schedules to comply with this subsection. In this subsection, “regulatory costs” means costs of the department that are attributable to regulation of an occupation plus
    1. all expenses of the board that regulates the occupation if the board regulates only one occupation;
    2. the expenses of a board that are attributable to the occupation if the board regulates more than one occupation.
  4. The license fee for a business license is set by  AS 43.70.030(a) . The department shall adopt regulations that establish the manner of payment of the license fee.
  5. [Repealed, § 28 ch 90 SLA 1991.]
  6. Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the State Board of Registration for Architects, Engineers, and Land Surveyors approximately equals the total regulatory costs of the department and the board for all occupations regulated by the board. The department shall set the fee levels for the issuance and renewal of a certificate of registration issued under  AS 08.48.211 so that the fee levels are the same for all occupations regulated by the board.
  7. Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the department for all occupations regulated under  AS 08.11 approximately equals the total regulatory costs of the department for all occupations regulated by the department under  AS 08.11. The department shall set the fee levels for the issuance and renewal of licenses issued under  AS 08.11 so that the fee levels are the same for all occupations regulated by the department under  AS 08.11.
  8. Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the Board of Barbers and Hairdressers approximately equals the total regulatory costs of the department, the board, and the Department of Environmental Conservation for all occupations regulated by the board. For purposes of this subsection, the regulatory costs of the Department of Environmental Conservation for the occupations regulated by the board include the cost of inspections under  AS 08.13.210(b) , the cost of developing and adopting regulations under  AS 44.46.020 for barbershop, hairdressing,  hair braiding, manicuring, esthetics, body piercing, ear piercing,  tattooing , and permanent cosmetic coloring establishments, and the cost to the Department of Environmental Conservation of enforcing  the regulations for body piercing, tattooing, and permanent cosmetic coloring establishments. The department shall set the fee levels for the issuance and renewal of a practitioner’s license issued under  AS 08.13.100 so that the license and license renewal fees are the same for all occupations regulated by the Board of Barbers and Hairdressers.
  9. Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the Department of Commerce, Community, and Economic Development for specialty contractors, home inspectors, and associate home inspectors approximately equals the total regulatory costs of the department for those three registration categories. The department shall set the fee levels for the issuance and renewal of a certificate of registration issued under  AS 08.18 so that the fee levels are the same for all three of these registration categories and so that the fee level for a home inspector with a joint registration is not different from the fee level for a home inspector who does not have a joint registration. In this subsection, “joint registration” has the meaning given in  AS 08.18.171 .
  10. The department shall establish for real estate appraisal management companies registered under  AS 08.87 a registry fee in an amount that equals the amount determined by the federal Appraisal Subcommittee established under  12 U.S.C. 3310 as a national registry fee for each real estate appraiser of the appraiser panel of a real estate appraisal management company under  12 U.S.C. 3338 (Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989), as amended by  12 U.S.C. 5301 —  5641 (Dodd-Frank Wall Street  Reform and Consumer Protection Act); the department may annually remit fees paid under this subsection to the Appraisal Subcommittee for participation in the national registry for real estate appraisal management companies.

History. (§ 2 ch 37 SLA 1985; am § 4 ch 138 SLA 1986; am § 3 ch 74 SLA 1987; am § 1 ch 87 SLA 1987; am § 5 ch 94 SLA 1987; am § 3 ch 45 SLA 1988; am § 14 ch 85 SLA 1988; am § 28 ch 90 SLA 1991; am § 1 ch 2 FSSLA 1992; am §§ 2, 4 ch 34 SLA 1992; am §§ 1, 2 ch 47 SLA 1998; am §§ 2, 3 ch 42 SLA 2000; am §§ 1, 2 ch 93 SLA 2000; am §§ 2, 3 ch 134 SLA 2003; am § 1 ch 23 SLA 2018; am §§ 1, 2 ch 67 SLA 2018)

Revisor's notes. —

Both § 2, ch. 34, SLA 1992 and § 1, ch. 2, FSSLA 1992 made identical amendments to (c) of this section. The latter was given effect because it had the earlier effective date.

The 2000 amendments to (c) of this section were harmonized by the revisor. Subsection (h) was enacted as (g) and relettered in 2000.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (i) of this section in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For limitation on fees set by regulation, see AS 37.10.050(a) ; for accounting for and disposition of fees, see AS 37.05.142 and 37.05.144 .

For provision relating to the applicability of the 2018 amendment to this section, see sec. 8(a), ch. 67, SLA 2018, in the 2018 Temporary and Special Acts.

Administrative Code. —

For collection of fees, see 12 AAC 2, art. 1.

For occupational licensing fees, see 12 AAC 2, art. 2.

For application requirements and licensing, see 12 AAC 12, art. 1.

For registration, see 12 AAC 22, art. 1.

For renewal and reinstatement, see 12 AAC 22, art. 2.

For registration and licensing, see 12 AAC 36, art. 1.

For licensing, registration, and permit requirements, see 12 AAC 52, art. 1.

For veterinary licensing and examination, see 12 AAC 68, art. 1.

Effect of amendments. —

The first 2018 amendment, effective January 1, 2019, in (h), inserted “hair braiding,” following “hairdressing,” and substituted “the regulations for body piercing, tattooing, and permanent cosmetic coloring” for “those regulations except for the enforcement costs related to ear piercing” in the second sentence, and made related and stylistic changes.

The second 2018 amendment, effective January 1, 2019, in (c), substituted “provided in (f) — (j)” for “Provided in (f) — (i)” in the first sentence; added (j).

Sec. 08.01.070. Administrative duties of boards.

Each board shall perform the following duties in addition to those provided in its respective law:

  1. take minutes and records of all proceedings;
  2. hold a minimum of one meeting each year;
  3. hold at least one examination each year;
  4. request, through the department, investigation of violations of its laws and regulations;
  5. prepare and grade board examinations;
  6. set minimum qualifications for applicants for examination and license and may establish a waiver of continuing education requirements for renewal of a license for the period in which a licensee is engaged in active duty military service as described under AS 08.01.100(f) ;
  7. forward a draft of the minutes of proceedings to the department within 20 days after the proceedings;
  8. forward results of board examinations to the department within 20 days after the examination is given;
  9. notify the department of meeting dates and agenda items at least 15 days before meetings and other proceedings are held;
  10. submit before the end of the fiscal year an annual performance report to the department stating the board’s accomplishments, activities, and needs.

History. (§ 1 ch 59 SLA 1966; am § 6 ch 94 SLA 1987; am § 1 ch 63 SLA 2005)

Notes to Decisions

Applied in

Vick v. Bd. of Elec. Exam'rs, 626 P.2d 90 (Alaska 1981).

Sec. 08.01.075. Disciplinary powers of boards.

  1. A board may take the following disciplinary actions, singly or in combination:
    1. permanently revoke a license;
    2. suspend a license for a specified period;
    3. censure or reprimand a licensee;
    4. impose limitations or conditions on the professional practice of a licensee;
    5. require a licensee to submit to peer review;
    6. impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
    7. impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation;
    8. impose a civil fine not to exceed $5,000.
  2. A board may withdraw probationary status if the deficiencies that required the sanction are remedied.
  3. A board may summarily suspend a licensee from the practice of the profession before a final hearing is held or during an appeal if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010 ) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the board on an appeal of a summary suspension to a court of competent jurisdiction.
  4. A board may reinstate a suspended or revoked license if, after a hearing, the board finds that the applicant is able to practice the profession with skill and safety.
  5. A board may accept the voluntary surrender of a license.  A license may not be returned unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fee.
  6. A board shall seek consistency in the application of disciplinary sanctions.  A board shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.

History. (§ 7 ch 94 SLA 1987; am § 7 ch 163 SLA 2004)

Administrative Code. —

For disciplinary guidelines, see 12 AAC 4, art. 7.

For parenteral sedation, see 12 AAC 28, art. 6.

For advanced nurse practitioner, see 12 AAC 44, art. 4.

For disciplinary guidelines, see 12 AAC 44, art. 7.

For certified nurse aide, see 12 AAC 44, art. 8.

For disciplinary guidelines, see 12 AAC 52, art. 9.

Notes to Decisions

Suspension proper. —

Board had authority to suspend a real estate appraiser’s license after he was convicted of stealing $250,000 from children’s sports programs as there was a presumed logical nexus between his crime of moral turpitude and his ability to satisfy the ethical standards of the real estate appraisal profession. Wendte v. State, 70 P.3d 1089 (Alaska 2003).

Memorandum of agreement does not rise to the level of a decision. —

Memorandum of agreement is not a decision because it is not the result of a contested hearing and does not represent a determination of the issues presented. It is a negotiated settlement agreement with a lesser significance than a decision and yields sanctions or conditions acceptable to an administrative board, but does not have formal standing. State v. Wold, 278 P.3d 266 (Alaska 2012).

Sec. 08.01.077. Conviction as grounds for disciplinary action.

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

History. (§ 1 ch 103 SLA 1994; am § 2 ch 30 SLA 1996)

Revisor’s notes. —

Formerly AS 08.01.088 . Renumbered in 1998.

Sec. 08.01.080. Department regulations.

The department shall adopt regulations to carry out the purposes of this chapter, including describing

  1. how an examination is to be conducted;
  2. what is contained in application forms;
  3. how a person applies for an examination or license.

History. (§ 1 ch 59 SLA 1966; am § 9 ch 13 SLA 2019)

Administrative Code. —

For collection of fees, see 12 AAC 2, art. 1.

For examination review procedures, see 12 AAC 2, art. 3.

For audiologists, see 12 AAC 7.

For application requirements and licensing, see 12 AAC 12, art. 1.

For registration, see 12 AAC 21, art. 1.

For specialty contractor trades, see 12 AAC 21, art. 2.

For mechanical contractor, see 12 AAC 21, art. 3.

For residential contractor endorsement, see 12 AAC 21, art. 4.

For registration, see 12 AAC 22, art. 1.

For renewal and reinstatement, see 12 AAC 22, art. 2.

For continuing competency requirements, see 12 AAC 22, art. 3.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in the introductory language deleted “but not limited to” following “including” and made a related change.

Collateral references. —

Right to attack validity of statute, ordinance, or regulation relating to occupational or professional license as affected by applying for, or securing, license, 65 ALR2d 660.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 ALR2d 90.

Validity of statute, ordinance, or regulation requiring fingerprint of those engaging in specified occupations, 41 ALR3d 732.

Sec. 08.01.087. Investigative and enforcement powers of department.

  1. The department may, upon its own motion, conduct investigations to
    1. determine whether a person has violated a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010 ; or
    2. secure information useful in the administration of this chapter.
  2. If it appears to the commissioner that a person has engaged in or is about to engage in an act or practice in violation of a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010 , the commissioner may, if the commissioner considers it in the public interest, and after notification of a proposed order or action by telephone or facsimile to all board members, if a board regulates the act or practice involved, unless a majority of the members of the board object within 10 days,
    1. issue an order directing the person to stop the act or practice; however, reasonable notice of and an opportunity for a hearing must first be given to the person, except that the commissioner may issue a temporary order before a hearing is held; a temporary order remains in effect until a final order affirming, modifying, or reversing the temporary order is issued or until 15 days after the person receives the notice and has not requested a hearing by that time; a temporary order becomes final if the person to whom the notice is addressed does not request a hearing within 15 days after receiving the notice; the office of administrative hearings (AS 44.64.010 ) shall conduct the hearing and shall issue a proposed decision within 10 days after the hearing; the commissioner shall issue a final order within five days after the proposed decision is issued;
    2. bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, a regulation adopted under it, an order issued under it, or with a provision of this title or regulation adopted under this title dealing with business licenses or an occupation or board listed in AS 08.01.010 ;
    3. examine or have examined the books and records of a person whose business activities require a business license or licensure by a board listed in AS 08.01.010, or whose occupation is listed in AS 08.01.010; the commissioner may require the person to pay the reasonable costs of the examination; and
    4. issue subpoenas for the attendance of witnesses, and the production of books, records, and other documents.
  3. Under procedures and standards of operation established by the department by regulation, and with the agreement of the appropriate agency, the department may designate appropriate state or municipal agencies to investigate reports of abuse, neglect, or misappropriation of property by certified nurse aides.

History. (§ 3 ch 258 SLA 1976; am § 4 ch 56 SLA 1986; am § 4 ch 45 SLA 1988; am § 2 ch 30 SLA 1992; am § 1 ch 2 SLA 1998; am § 8 ch. 163 SLA 2004; am § 10 ch 13 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in the introductory language in (b) deleted “, telegraph,” following “telephone”.

Administrative Code. —

For administering of anesthetic agent, see 12 AAC 28, art. 1.

For parenteral sedation, see 12 AAC 28, art. 6.

Notes to Decisions

Scope of cease and desist order. —

An order issued pursuant to subsection (b) of this section must be limited to directing an individual to stop activities that are otherwise prohibited by the relevant statutes and regulations. It is not sufficient that the order be in the public interest; rather, that is an additional condition which must be met. State v. Smith, 593 P.2d 625 (Alaska 1979).

The language of this section does not suggest that a power exists to enforce an order under subsection (b) of this section which prevents negligence by the expedient of preventing the dentist from practicing or by preventing him from practicing except under stringent limitations. It authorizes the prohibition of specific illegal acts which are likely to occur in the future. State v. Smith, 593 P.2d 625 (Alaska 1979).

Since under former AS 08.36.310 [see now AS 08.36.315 ], the power to revoke a dentist’s license is discretionary and the board may impose less drastic penalties, it is clear that the legislature did not intend that it be per se illegal for persons who have committed the transgressions listed in former AS 08.36.310 [see now AS 08.36.315 ] to continue to practice dentistry. Therefore orders cannot be based on a theory that a dentist violates the statutes merely by continuing his practice in an otherwise legal manner. State v. Smith, 593 P.2d 625 (Alaska 1979).

Since this section is very specific as to the scope of a cease and desist order issued by the commissioner, it would plainly be improper to hold that there is a broader power implied. This is especially true since other statutes pertaining to the regulation of the dental profession authorize the board of dental examiners, not the commissioner, to revoke or suspend the license of a dentist, to impose conditions under which he or she may practice, and they define in comprehensive detail the grounds for such actions. State v. Smith, 593 P.2d 625 (Alaska 1979).

The specific activities listed in former AS 08.36.310 [see now AS 08.36.315 ], detailing the grounds for revocation of a dentist’s license, are clearly proscribed, and a hearing officer’s order limited to directing a dentist to stop such activities or activities otherwise prohibited by the relevant statutes and regulations is proper in scope. State v. Smith, 593 P.2d 625 (Alaska 1979).

In an order issued by a hearing officer which imposed significant conditions on a dentist’s right to practice his profession of oral surgery pending the outcome of license revocation proceedings before the state board of dental examiners, provisions prohibiting the dentist from administering general anesthesia and requiring him to maintain detailed patient records were held to be valid, while the other provisions, requiring the dentist to practice dentistry only in the office of another duly licensed, actively practicing dentist; to practice only during normal business hours with another dentist physically present and with nurses or dental assistants in the office; and to practice only on patients specifically referred to him in writing by another, duly licensed, and actively practicing, dentist or physician and to perform only those procedures for which the patients were specifically referred, were held invalid as exceeding the statutory authority upon which the order was based. State v. Smith, 593 P.2d 625 (Alaska 1979).

Severability of order. —

Where some of the provisions of an order were limited to forbidding illegal acts and that some of them were not, and where it was possible to elide the excessive portions, it was not necessary that the entire order be vacated. State v. Smith, 593 P.2d 625 (Alaska 1979).

Finality of order. —

An order of the superior court that merely vacated modified order of the commissioner without ruling on the original order would not have resulted in the original order becoming final. Only if the person involved had failed to request a hearing within 15 days would that result have occurred. State v. Smith, 593 P.2d 625 (Alaska 1979).

Applied in

Vick v. Bd. of Elec. Exam'rs, 626 P.2d 90 (Alaska 1981).

Collateral references. —

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceedings. 97 ALR2d 1210.

Sec. 08.01.088. [Renumbered as AS 08.01.077.]

Sec. 08.01.089. Copies of records for child support purposes.

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

History. (§ 7 ch 87 SLA 1997)

Revisor’s notes. —

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in this section in accordance with § 12(a), ch. 107, SLA 2004.

Sec. 08.01.090. Applicability of the Administrative Procedure Act.

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

History. (§ 1 ch 59 SLA 1966; am § 4 ch 258 SLA 1976; am § 2 ch 2 SLA 1998)

Sec. 08.01.100. License renewal, lapse, and reinstatement.

  1. Licenses shall be renewed biennially on the dates set by the department with the approval of the respective board.
  2. A license subject to renewal shall be renewed on or before the date set by the department.  If the license is not renewed by the date set by the department, the license lapses.  In addition to renewal fees required for reinstatement of the lapsed license, the department may impose a delayed renewal penalty, established by regulation, that shall be paid before a license that has been lapsed for more than 60 days may be renewed.  The department may adopt a delayed renewal penalty only with the concurrence of the appropriate board.
  3. Except as provided in (f) of this section, when continuing education or other requirements are made a condition of license renewal, the requirements shall be satisfied before a license is renewed.
  4. Except as otherwise provided, a license may not be renewed if it has been lapsed for five years or more.
  5. Notwithstanding any other provision of this title, a renewal of a license may not be issued by the department to a natural person unless the licensee’s social security number has been provided to the department.
  6. The department may establish and implement a waiver of continuing education requirements for renewal of a license regulated by the department and a board may establish and implement a waiver of continuing education requirements for renewal of a license regulated by the board for the period in which a licensee is engaged in active duty military service in the armed forces of the United States.
  7. A member of the armed forces of the United States on active duty in a combat zone, danger pay post, or qualified hazardous duty area, who is a licensee under this title in good standing at the time of the licensee’s active duty order is exempt from any fees or other requirements to maintain that license or good standing while the licensee is in that zone, at that post, or in that area. This exemption is valid for 180 days after returning to the licensee’s permanent duty station, if the licensee does not engage in licensed practice for profit in the private sector. The licensee shall pay fees and meet all other requirements for the license period beginning after the exemption ends. In this subsection,
    1. “combat zone” has the meaning given in 26 U.S.C. 112(c)(2) (Internal Revenue Code);
    2. “danger pay post” means a post so designated by the United States Secretary of State in the Department of State Standardized Regulations for purposes of danger pay under 5 U.S.C. 5928;
    3. “qualified hazardous duty area” means an area that, during the applicant’s deployment, is treated as if it were a combat zone for purposes of a federal tax exemption under 26 U.S.C. 112 (Internal Revenue Code).

History. (§ 1 ch 59 SLA 1966; am § 2 ch 94 SLA 1968; am § 3 ch 49 SLA 1980; am § 1 ch 56 SLA 1980; am § 1 ch 58 SLA 1980; am § 1 ch 75 SLA 1980; am § 1 ch 130 SLA 1980; am § 1 ch 162 SLA 1980; am § 2 ch 166 SLA 1980; am § 3 ch 37 SLA 1985; am §§ 8 — 10 ch 94 SLA 1987; am § 8 ch 87 SLA 1997; am §§ 2, 3 ch 63 SLA 2005; am § 2 ch 25 SLA 2011)

Administrative Code. —

For collection of fees, see 12 AAC 2, art. 1.

For occupational licensing fees, see 12 AAC 2, art. 2.

For continuing education, see 12 AAC 4, art. 6.

For license renewal and continuing competency, see 12 AAC 5, art. 2.

For application requirements and licensing, see 12 AAC 12, art. 1.

For renewal and continuing competency requirements, see 12 AAC 14, art. 4.

For continuing education, see 12 AAC 16, art. 3.

For residential contractor endorsement, see 12 AAC 21, art. 4.

For renewal and reinstatement, see 12 AAC 22, art. 2.

For registration and licensing, see 12 AAC 36, art. 1.

For licensing, see 12 AAC 40, art. 1.

For continuing medical education, see 12 AAC 40, art. 3.

For mobile intensive care paramedics, see 12 AAC 40, art. 4.

For physician assistants, see 12 AAC 40, art. 5.

For licenses, permits, and examinations, see 12 AAC 42, art. 1.

For examinations and licensure, see 12 AAC 44, art. 3.

For certified nurse aide, see 12 AAC 44, art. 8.

For license renewal and continuing education requirements, see 12 AAC 52, art. 3.

For licensing requirements, see 12 AAC 56, art. 1.

For license renewal and reinstatement; continuing education, see 12 AAC 62, art. 3.

For veterinary licensing and examination, see 12 AAC 68, art. 1.

For guide license qualifications, see 12 AAC 75, art. 1.

For transportation services, see 12 AAC 75, art. 4.

Notes to Decisions

Res judicata. —

A prior judgment requiring the Division of Occupational Licensing to issue a registration certificate precludes a subsequent claim for money damages arising from the same conduct. State v. Smith, 720 P.2d 40 (Alaska 1986).

Cited in

Romero v. State, 792 P.2d 679 (Alaska Ct. App. 1990).

Collateral references. —

Pardon as restoring public office or license or eligibility therefor. 58 ALR3d 1191.

Sec. 08.01.102. Citation for unlicensed practice or activity.

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

History. (§ 11 ch 94 SLA 1987; am § 5 ch 45 SLA 1988; am § 2 ch 104 SLA 2008; am § 9 ch 29 SLA 2010)

Editor’s notes. —

Under § 61, ch. 29, SLA 2010, the 2010 amendment of this section applies “to all citations issued . . . for violations occurring on or after July 1, 2010.”

Sec. 08.01.103. Procedure and form of citation.

  1. A person receiving the citation issued under AS 08.01.102 is not required to sign a notice to appear in court.
  2. The time specified in the notice to appear on a citation issued under AS 08.01.102 shall be at least five working days after the issuance of the citation.
  3. The department is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book issued and each citation contained in it.  The department shall require and retain a receipt for every book issued to an employee of the department.
  4. On or before the 10th working day after the issuance of a citation, the department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of a citation, copies of it, or the record of its issuance except as required under this subsection and (e) of this section.
  5. The department shall require the return of a copy of every citation issued by the department and all copies of a citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator.  The department shall also maintain, in connection with each citation, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.
  6. A citation issued under AS 08.01.102 is considered to be a lawful complaint for the purpose of prosecution.

History. (§ 11 ch 94 SLA 1987; am §§ 10 — 13 ch 29 SLA 2010)

Editor’s notes. —

Under § 61, ch. 29, SLA 2010, the 2010 amendments to (a), (b), (d), and (f) of this section apply “to all citations issued . . . for violations occurring on or after July 1, 2010.”

Sec. 08.01.104. Failure to obey citation.

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

History. (§ 11 ch 94 SLA 1987)

Sec. 08.01.105. Penalty for improper payment.

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

History. (§ 3 ch 258 SLA 1976)

Sec. 08.01.110. Definitions.

In this chapter,

  1. “board” includes the boards and commissions listed in AS 08.01.010 ;
  2. “commissioner” means the commissioner of commerce, community, and economic development;
  3. “department” means the Department of Commerce, Community, and Economic Development;
  4. “license” means a business license or a license, certificate, permit, or registration or similar evidence of authority issued for an occupation by the department or by one of the boards listed in AS 08.01.010 ;
  5. “licensee” means a person who holds a license;
  6. “occupation” means a trade or profession listed in AS 08.01.010 .

History. (§ 1 ch 59 SLA 1966; am § 40 ch 218 SLA 1976; am § 5 ch 258 SLA 1976; am § 5 ch 56 SLA 1986; am § 5 ch 131 SLA 1986; am § 6 ch 45 SLA 1988; am § 3 ch 21 SLA 1991)

Revisor’s notes. —

Minor word changes were made in (4) of this section in 1986 to reconcile amendments made to the paragraph by chapters 56 and 131, SLA 1986.

Reorganized in 1986 to alphabetize the defined terms.

In 1999, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” and “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” in paragraph (2) and “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in paragraph (3), in accordance with § 3, ch. 47, SLA 2004.

Chapter 02. Miscellaneous Provisions.

Sec. 08.02.010. Professional designation requirements.

  1. An acupuncturist licensed under AS 08.06, an audiologist or speech-language pathologist licensed under AS 08.11, a behavior analyst licensed under AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, a marital and family therapist licensed under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as professional identification appropriate letters or a title after that person’s name that represents the person’s specific field of practice. The letters or title shall appear on all signs, stationery, or other advertising in which the person offers or displays personal professional services to the public. In addition, a person engaged in the practice of medicine or osteopathy as defined in AS 08.64.380 , or a person engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels other persons in relation to human health or disease and uses the letters “M.D.” or the title “doctor” or “physician” or another title that tends to show that the person is willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the letters or title by adding the appropriate specialist designation, if any, such as “dermatologist,” “radiologist,” “audiologist,” “naturopath,” or the like.
  2. A person subject to (a) of this section who fails to comply with the requirements of (a) of this section shall be given notice of noncompliance by that person’s appropriate licensing board or, if the person is not regulated by a board, by the department. If, after a reasonable time, with opportunity for a hearing, the person’s noncompliance continues, the board or department, as appropriate, may suspend or revoke the person’s license or registration, or administer other disciplinary action which in its determination is appropriate.

History. (§ 1 ch 6 SLA 1973; am § 11 ch 6 SLA 1984; am § 6 ch 131 SLA 1986; am § 2 ch 2 FSSLA 1987; am § 4 ch 126 SLA 1988; am § 1 ch 40 SLA 1989; am § 5 ch 6 SLA 1990; am § 3 ch 129 SLA 1992; am § 2 ch 130 SLA 1992; am § 1 ch 45 SLA 1996; am § 5 ch 32 SLA 1997; am § 1 ch 49 SLA 1999; am § 3 ch 67 SLA 1999; am § 4 ch 42 SLA 2000; am § 2 ch 41 SLA 2014; am § 2 ch 114, SLA 2014; am § 1 ch 33 SLA 2016)

Effect of amendments. —

The first 2014 amendment, effective September 16, 2014, in (a), inserted “a behavior analyst licensed under AS 08.15” following “speech-language pathologist licensed under AS 08.11.”, and made stylistic changes.

The second 2014 amendment, effective July 1, 2015, in (a), inserted “a massage therapist licensed under AS 08.61,” following “a dietician or nutritionist licensed under AS 08.38,”.

The 2016 amendment, effective July 7, 2016, in (a) inserted “or advanced practice registered” preceding “nurse”.

Sec. 08.02.011. Professional geologist.

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

History. (§ 2 ch 142 SLA 1980)

Revisor’s notes. —

Enacted as AS 08.53.010. Renumbered in 1980.

In 1999, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.02.020. Limitation of liability.

An action may not be brought against a person for damages resulting from

  1. the person’s good faith performance of a duty, function, or activity required as a
    1. member of, or witness before, a licensing board or peer review committee established to review a licensing matter;
    2. member of a committee appointed under AS 08.64.336(c) ;
    3. contractor or agent of a contractor under AS 08.01.050(d) or AS 08.64.101(a)(5) ;
  2. a recommendation or action in accordance with the prescribed duties of a licensing board, peer review committee established to review a licensing matter, committee appointed under AS 08.64.336(c) , or contractor or agent of a contractor under AS 08.01.050(d) or AS 08.64.101(a)(5) when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person, board, peer review committee, committee appointed under AS 08.64.336(c) , or contractor or agent of the contractor under AS 08.01.050(d) or AS 08.64.101(a)(5) after reasonable efforts to ascertain the facts upon which the action or recommendation is made; or
  3. a report made in good faith to a public agency by the person, or participation by the person in an investigation by a public agency or a judicial or administrative proceeding relating to the report, if the report relates to the abuse of alcohol, other drugs, or other substances by a person licensed by a board listed in AS 08.01.050(d) .

History. (§ 45 ch 102 SLA 1976; am § 12 ch 94 SLA 1987; am § 1 ch 126 SLA 1990; am § 3 ch 34 SLA 1992)

Revisor's notes. —

In 1998 and 2018, references to AS 08.64.101 in this section were corrected to reflect renumbering and relettering in that section.

Notes to Decisions

For constitutionality of ch. 102, SLA 1976, see Plumley v. George E. Hale, M.D., Inc., 594 P.2d 497 (Alaska 1979).

Sec. 08.02.025. Compliance with student loan requirements. [Repealed, § 18 ch 54 SLA 1997.]

Sec. 08.02.030. [Renumbered as AS 08.01.062.]

Sec. 08.02.040. Access to certain mental health information and records by the state.

  1. Notwithstanding AS 08.29.200 , AS 08.63.200 , AS 08.86.200 , AS 08.95.900 , another provision of this title, or a regulation adopted under this title, a licensee or an entity employing or contracting with a licensee may disclose confidential patient mental health information, communications, and records to the Department of Health and Social Services when disclosure is authorized under AS 47.30.540 , 47.30.590 , 47.30.845 , or AS 47.31.032 . Information, communications, and records received by the Department of Health and Social Services under this section are confidential medical records of patients and are not open to public inspection and copying under AS 40.25.110 40.25.120 .
  2. In this section, “licensee” has the meaning given in AS 08.01.110 .

History. (§ 1 ch 74 SLA 2001)

Sec. 08.02.050. Permits for use of drugs to euthanize domestic animals.

  1. A qualified agency may apply to the department and obtain a permit that authorizes the purchase, possession, and use by the agency of sodium pentobarbital, sodium pentobarbital with lidocaine, and other drugs authorized in regulations adopted by the department for the purpose of euthanizing injured, sick, or abandoned domestic animals in the lawful possession of the agency. To qualify to obtain the permit, the agency shall certify that it will
    1. comply with applicable federal laws related to the use of the drugs; and
    2. not permit an employee to administer the drugs unless the employee has successfully completed a euthanasia technician certification course approved by the National Animal Control Association, the American Humane Association, or the Humane Society of the United States.
  2. The department may revoke or suspend a permit or take another disciplinary action under AS 08.01.075 if it determines that the agency or an employee of the agency
    1. improperly used sodium pentobarbital, sodium pentobarbital with lidocaine, or another drug authorized for use under this section;
    2. failed to follow federal or state laws regarding proper storage and handling of the drugs;
    3. allowed an employee to administer the drugs before the employee successfully completed the certification course described in (a)(2) of this section; or
    4. violated this title or a regulation adopted under this title.
  3. In this section, “agency” means an animal control agency of a municipality or recognized governmental entity or an entity that has contracted with a municipality or recognized governmental entity to perform animal control or animal euthanasia services.
  4. The department may adopt regulations to implement this section.

History. (§ 2 ch 62 SLA 2002)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.02.090. Definition.

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

History. (§ 2 ch 8 SLA 2011)

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

Cross references. —

For review of the activities of agencies, boards and commissions, see AS 44.66.

Sec. 08.03.010. Termination dates for regulatory boards.

  1. [Repealed, § 4 ch 14 SLA 1987.]
  2. [Repealed, § 4 ch 14 SLA 1987.]
  3. The following boards have the termination date provided by this subsection:
    1. Board of Public Accountancy (AS 08.04.010 ) — June 30, 2029;
    2. Board of Governors of the Alaska Bar Association (AS 08.08.040 ) — June 30, 2029;
    3. State Board of Registration for Architects, Engineers, and Land Surveyors (  AS 08.48.011 ) — June 30, 2025;
    4. Board of Barbers and Hairdressers (AS 08.13.010 ) — June 30, 2027;
    5. Board of Chiropractic Examiners (  AS 08.20.010 ) — June 30, 2022;
    6. Board of Professional Counselors ( AS 08.29.010 ) — June 30, 2026;
    7. Board of Dental Examiners (AS 08.36.010 ) — June 30, 2027;
    8. Board of Certified Direct-Entry Midwives (AS 08.65.010 ) — June 30, 2023;
    9. Big Game Commercial Services Board (AS 08.54.591 ) — June 30, 2024;
    10. Board of Marine Pilots (AS 08.62.010 ) — June 30, 2027;
    11. Board of Marital and Family Therapy ( AS 08.63.010 ) — June 30, 2026;
    12. Board of Massage Therapists (  AS 08.61.010 ) — June 30, 2024;
    13. State Medical Board (AS 08.64.010 ) — June 30, 2023;
    14. Board of Nursing (AS 08.68.010 ) — June 30, 2025;
    15. Board of Examiners in Optometry (  AS 08.72.010 ) — June 30, 2022;
    16. Board of Pharmacy ( AS 08.80.010 ) — June 30, 2022;
    17. State Physical Therapy and Occupational Therapy Board (  AS 08.84.010 ) — June 30, 2022;
    18. Board of Psychologist and Psychological Associate Examiners ( AS 08.86.010 ) — June 30, 2026;
    19. Real Estate Commission ( AS 08.88.011 ) — June 30, 2026;
    20. Board of Certified Real Estate Appraisers ( AS 08.87.010 ) — June 30, 2026;
    21. Board of Social Work Examiners ( AS 08.95.010 ) — June 30, 2026;
    22. Board of Veterinary Examiners (  AS 08.98.010 ) — June 30, 2025.
  4. [Repealed, § 3 ch 74 SLA 1979.]
  5. [Repealed, § 3 ch 74 SLA 1979.]

History. (§ 2 ch 149 SLA 1977; am §§ 1, 3 ch 74 SLA 1979; am §§ 1, 3 ch 36 SLA 1980; am §§ 1, 3 ch 37 SLA 1980; am §§ 1, 3 ch 38 SLA 1980; am §§ 1, 3 ch 39 SLA 1980; am §§ 1, 3 ch 40 SLA 1980; am §§ 1, 3 ch 41 SLA 1980; am §§ 1, 3 ch 42 SLA 1980; am §§ 1, 2 ch 43 SLA 1980; am §§ 1, 3 ch 67 SLA 1980; am §§ 10, 11 ch 71 SLA 1980; am §§ 6, 7 ch 72 SLA 1980; am §§ 2, 15 ch 82 SLA 1980; am §§ 1, 3 ch 87 SLA 1980; am §§ 7, 8 ch 143 SLA 1980; am §§ 1, 2 ch 153 SLA 1980; am §§ 2, 5 ch 159 SLA 1980; am §§ 41, 42 ch 167 SLA 1980; am §§ 1, 13 ch 52 SLA 1981; am §§ 1, 2 ch 53 SLA 1981; am § 1 ch 28 SLA 1982; am § 1 ch 60 SLA 1982; am § 1 ch 96 SLA 1982; am § 1 ch 8 SLA 1983; am § 1 ch 9 SLA 1983; am § 1 ch 13 SLA 1983; am § 1 ch 29 SLA 1983; am § 2 ch 48 SLA 1983; am §§ 12, 13 ch 6 SLA 1984; am § 1 ch 29 SLA 1984; am § 1 ch 49 SLA 1984; am § 1 ch 50 SLA 1984; am § 1 ch 63 SLA 1984; am § 1 ch 4 SLA 1985; am § 1 ch 28 SLA 1985; am § 1 ch 85 SLA 1985; am § 1 ch 36 SLA 1986; am § 1 ch 39 SLA 1986; am § 1 ch 46 SLA 1986; am § 2 ch 71 SLA 1986; am § 1 ch 96 SLA 1986; am § 1 ch 99 SLA 1986; am § 1 ch 137 SLA 1986; am § 1 ch 145 SLA 1986; am § 1 ch 146 SLA 1986; am § 3 ch 2 FSSLA 1987; am § 4 ch 14 SLA 1987; am § 1 ch 55 SLA 1987; am § 1 ch 60 SLA 1987; am § 4 ch 74 SLA 1987; am § 1 ch 79 SLA 1987; am § 2 ch 87 SLA 1987; am § 48 ch 94 SLA 1987; am § 1 ch 50 SLA 1988; am § 1 ch 51 SLA 1988; am § 1 ch 57 SLA 1988; am § 1 ch 61 SLA 1988; am § 1 ch 62 SLA 1988; am § 3 ch 98 SLA 1988; am § 1 ch 124 SLA 1988; am § 5 ch 126 SLA 1988; am § 2 ch 132 SLA 1988; am § 1 ch 160 SLA 1988; am § 1 ch 20 SLA 1989; am § 2 ch 37 SLA 1989; am § 2 ch 40 SLA 1989; am § 1 ch 45 SLA 1989; am § 1 ch 48 SLA 1989; am § 1 ch 2 SLA 1990; am § 1 ch 3 SLA 1990; am § 1 ch 25 SLA 1990; am § 3 ch 177 SLA 1990; am § 1 ch 62 SLA 1991; am § 2 ch 89 SLA 1991; am § 1 ch 19 SLA 1992; am § 1 ch 20 SLA 1992; am § 1 ch 21 SLA 1992; am § 1 ch 22 SLA 1992; am § 1 ch 23 SLA 1992; am §§ 4, 5 ch 129 SLA 1992; am § 3 ch 130 SLA 1992; am § 21 ch 6 SLA 1993; am § 1 ch 20 SLA 1993; am § 1 ch 21 SLA 1993; am § 1 ch 22 SLA 1993; am § 1 ch 23 SLA 1993; am § 1 ch 24 SLA 1993; am § 1 ch 25 SLA 1993; am § 1 ch 23 SLA 1994; am § 1 ch 25 SLA 1994; am § 1 ch 27 SLA 1994; am § 1 ch 48 SLA 1994; am § 1 ch 88 SLA 1994; am § 1 ch 93 SLA 1994; am § 1 ch 95 SLA 1994; am § 1 ch 97 SLA 1994; am § 37 ch 101 SLA 1994; am § 1 ch 74 SLA 1995; am § 12 ch 91 SLA 1995; am §§ 1, 3 — 7 ch 93 SLA 1995; am § 16 ch 33 SLA 1996; am § 1 ch 92 SLA 1996; am § 1 ch 93 SLA 1996; am § 1 ch 94 SLA 1996; am § 1 ch 34 SLA 1997; am § 1 ch 36 SLA 1997; am § 1 ch 47 SLA 1997; am § 1 ch 66 SLA 1997; am § 1 ch 5 SLA 1998; am § 1 ch 13 SLA 1998; am § 1 ch 46 SLA 1998; am § 1 ch 52 SLA 1998; am § 4 ch 75 SLA 1998; am § 4 ch 118 SLA 1998; am § 1 ch 1 SLA 1999; am § 1 ch 9 SLA 1999; am § 1 ch 52 SLA 1999; am § 1 ch 2 SLA 2001; am § 1 ch 5 SLA 2001; am § 1 ch 7 SLA 2001; am § 1 ch 24 SLA 2001; am § 1 ch 46 SLA 2001; am § 1 ch 47 SLA 2001; am § 1 ch 12 SLA 2002; am § 1 ch 16 SLA 2002; am § 1 ch 39 SLA 2002; am § 2 ch 58 SLA 2002; am § 1 ch 101 SLA 2002; am § 1 ch 2 SLA 2003; am § 1 ch 10 SLA 2003; am § 1 ch 16 SLA 2003; am § 1 ch 20 SLA 2003; am § 1 ch 106 SLA 2004; am § 1 ch 10 SLA 2005; am § 1 ch 11 SLA 2005; am §§ 1 — 6 ch 36 SLA 2005; am § 1 ch 38 SLA 2005; am § 1 ch 47 SLA 2005; am § 1 ch 58 SLA 2005; am § 2 ch 84 SLA 2005; am § 1 ch 22 SLA 2006; am § 1 ch 23 SLA 2006; am § 1 ch 24 SLA 2006; am § 1 ch 101 SLA 2006; am § 1 ch 9 SLA 2007; am § 1 ch 12 SLA 2007; am § 1 ch 31 SLA 2007; am § 1 ch 49 SLA 2007; am § 4 ch 19 SLA 2008; am § 1 ch 25 SLA 2008; am § 56 ch 40 SLA 2008; am § 1 ch 114 SLA 2008; am § 1 ch 23 SLA 2009; am § 1 ch 29 SLA 2009; am § 1 ch 39 SLA 2009; am § 1 ch 46 SLA 2009; am § 1 ch 31 SLA 2010; am § 1 ch 32 SLA 2010; am § 1 ch 33 SLA 2010; am § 1 ch 34 SLA 2010; am § 1 ch 53 SLA 2010; am § 1 ch 55 SLA 2010; am §§ 1 — 4 ch 23 SLA 2012; am § 1 ch 30 SLA 2013; am § 1 ch 31 SLA 2013; am § 1 ch 39 SLA 2013; am § 1 ch 41 SLA 2013; am § 1 ch 31 SLA 2014; am § 1 ch 32 SLA 2014; am § 1 ch 33 SLA 2014; am § 1 ch 34 SLA 2014; am § 1 ch 42 SLA 2014; am § 3 ch 114 SLA 2014; am § 1 ch 18 SLA 2015; am § 1 ch 24 SLA 2016; am § 1 ch 59 SLA 2016; am § 1 ch 7 SLA 2017; am § 1 ch 11 SLA 2017; am § 1 ch 12 SLA 2017; am § 1 ch 9 SLA 2018; am § 1 ch 39 SLA 2018; am § 1 ch 40 SLA 2018; am § 1 ch 41 SLA 2018; am § 1 ch 42 SLA 2018; am § 1 ch 43 SLA 2018; am § 1 ch 44 SLA 2018; am § 1 ch 45 SLA 2018; am § 1 ch 14 SLA 2019; am § 1 ch 16 SLA 2019; am § 1 ch 23 SLA 2019; am §§ 1, 2 ch 26 SLA 2019; am § 1 ch 20 SLA 2020; am § 1 ch 6 SLA 2021; am § 1 ch 8 SLA 2021; am § 1 ch 23 SLA 2021)

Revisor’s notes. —

Subsection (c) was reorganized in 1991, 2010, and 2014 to place the paragraphs in alphabetical order by occupation.

Cross references. —

For termination dates of other boards, councils, or commissions, see AS 44.66.010(a) .

Effect of amendments. —

The first 2014 amendment, effective June 19, 2014, extended the termination date of the State Physical Therapy and Occupational Therapy Board from June 30, 2014 to June 30, 2022.

The second 2014 amendment, effective June 19, 2014, extended the termination date of the Board of Chiropractic Examiners from June 30, 2014 to June 30, 2022.

The third 2014 amendment, effective June 19, 2014, extended the termination date of the Board of Marital and Family Therapy from June 30, 2014 to June 30, 2018.

The fourth 2014 amendment, effective June 19, 2014, extended the termination date of the Board of Examiners in Optometry from June 30, 2014 to June 30, 2022.

The fifth 2014 amendment, effective June 19, 2014, extended the termination date of the Board of Certified Real Estate Appraisers from June 30, 2014 to June 30, 2018.

The sixth 2014 amendment, effective July 1, 2015, added present (c)(12).

The 2015 amendment, effective May 15, 2015, in (c)(8) substituted “June 30, 2017” for “June 30, 2015”.

The 2016 amendment, effective June 21, 2016, in (19), substituted “2018” for “2016”.

The first 2017 amendment, effective May 14, 2017, in (c)(8), substituted “June 30, 2021” for “June 30, 2017”.

The second 2017 amendment, effective July 1, 2017, in (c)(3), substituted “June 30, 2025” for “June 30, 2017”.

The third 2017 amendment, effective June 17, 2017, in (c)(22), substituted “June 30, 2025” for “June 30, 2017”.

The first 2018 amendment, effective May 16, 2018, in (c)(12), substituted “June 30, 2024” for “June 30, 2018”.

The second 2018 amendment, effective June 30, 2018, in (c)(20), substituted “June 30, 2026” for “June 30, 2018”.

The third 2018 amendment, effective June 30, 2018, in (c)(19), substituted “June 30, 2026” for “June 30, 2018”.

The fourth 2018 amendment, effective June 30, 2018, in (c)(18), substituted “June 30, 2026” for “June 30, 2018”.

The fifth 2018 amendment, effective June 30, 2018, in (c)(6), substituted “June 30, 2026” for “June 30, 2018”.

The sixth 2018 amendment, effective June 30, 2018, in (c)(21), substituted “June 30, 2026” for “June 30, 2018”.

The seventh 2018 amendment, effective June 30, 2018, in (c)(16), substituted “June 30, 2022” for “June 30, 2018”.

The eighth 2018 amendment, effective June 30, 2018, in (c)(11), substituted “June 30, 2026” for “June 30, 2018”.

The first 2019 amendment, effective August 2, 2019, in (c)(7), substituted “June 30, 2027” for “June 30, 2019”.

The second 2019 amendment, effective August 9, 2019, in (c)(14), substituted “June 30, 2025” for “June 30, 2019”.

The third 2019 amendment, effective August 17, 2019, in (c)(10), substituted “June 30, 2027” for “June 30, 2019”.

The fourth 2019 amendment, effective September 14, 2019, in (c)(4), substituted “June 30, 2027” for “June 30, 2019” and in (c)(9), substituted “June 30, 2024” for “June 30, 2019.”

The 2020 amendment, effective April 21, 2020, in (c)(13), substituted “June 30, 2023” for “June 30, 2020”.

The first 2021 amendment, effective June 10, 2021, in (c)(8), substituted “June 30, 2023” for “June 30, 2021” at the end.

The second 2021 amendment, effective June 10, 2021, in (c)(1), substituted “June 30, 2029” for “June 30, 2021” at the end.

The third 2021 amendment, effective July 22, 2021, in (c)(2), substituted “June 30, 2029” for “June 30, 2021” at the end.

Editor’s notes. —

Under § 8, ch. 23, SLA 2012, the 2012 amendments to (c)(4), (7), and (13) of this section are retroactive to June 30, 2011.

Sec. 08.03.020. Procedures governing termination, transition, and continuation.

  1. Upon termination, each board listed in AS 08.03.010 shall continue in existence until June 30 of the next succeeding year for the purpose of concluding its affairs. During this period, termination does not reduce or otherwise limit the powers or authority of each board. One year after the date of termination, a board not continued shall cease all activities, and the statutory authority of the board is transferred to the department.
  2. The termination, dissolution, continuation or reestablishment of a regulatory board shall be governed by the legislative oversight procedures of AS 44.66.050 .
  3. A board scheduled for termination under this chapter may be continued or reestablished by the legislature for a period not to exceed eight years unless the board is continued or reestablished for a longer period under AS 08.03.010 .
  4. The department shall carry out the functions of a board that has ceased all activities under (a) of this section. Litigation, hearings, investigations, and other proceedings pending at the time the board ceased activities continue in effect and may be continued or completed by the department. Licenses, certificates, orders, and regulations issued or adopted by the board and in effect at the time the board ceased activities remain in effect for the term issued or until revoked, amended, vacated, or repealed by the department.

History. (§ 2 ch 74 SLA 1979; am § 2 ch 36 SLA 1980; am § 2 ch 37 SLA 1980; am § 2 ch 38 SLA 1980; am § 2 ch 39 SLA 1980; am § 2 ch 40 SLA 1980; am § 2 ch 41 SLA 1980; am § 2 ch 42 SLA 1980; am § 2 ch 67 SLA 1980; am § 2 ch 87 SLA 1980; am §§ 2 — 4 ch 58 SLA 2005)

Cross references. —

For procedures governing review, termination, and continuation of other boards, councils, or commissions, see AS 44.66.

Chapter 04. Accountants.

Cross references. —

For transitional provision authorizing persons who, on January 1, 2011, hold permits or practice privileges under this chapter, to continue to practice under the authority of the permit or practice privilege until its normal expiration under the former provisions of this chapter before the chapter’s 2010 amendments, see § 44, ch. 67, SLA 2010, in the 2010 Temporary and Special Acts.

Administrative Code. —

For board of public accountancy, see 12 AAC 04.

Collateral references. —

1 Am. Jur. 2d, Accountants, § 1 et seq.

Constitutionality, construction, and application of statutory provisions respecting persons who may prepare tax returns for others, 10 ALR2d 1443.

Conclusiveness of statement or decision of accountant or similar third person under contract between others requiring property to be valued by him, 50 ALR2d 1268.

Tax preparer’s liability to taxpayer in connection with preparation of tax returns, 81 ALR3d 1119.

Accountant’s malpractice liability to client, 92 A.L.R.3d 396.

Valuation of goodwill in accounting practice for purposes of divorce court’s property distribution, 77 ALR4th 609.

Goodwill in accounting practice as subject to distribution on dissolution of marriage, 77 ALR4th 645.

Privileged communications between accountant and client—limitations or restrictions, waiver, and persons entitled to invoke, 26 ALR7th 8.

What constitutes privileged communications with preparer of federal tax returns so as to render communication inadmissible in federal tax prosecution, 36 ALR Fed. 686.

Article 1. Board of Public Accountancy.

Sec. 08.04.005. Purpose.

It is the policy of the state and the purpose of this chapter to promote the reliability of information that is used for guidance in financial transactions or assessing the financial status or performance of commercial, noncommercial, and governmental enterprises. The public interest requires that

  1. persons professing special competence in accountancy or who offer assurance as to the reliability or fairness of presentation of financial information should demonstrate their qualifications to do so, and that persons who have not demonstrated and maintained adequate qualifications should not be permitted to hold themselves out as having special competence or to offer assurance about their actions;
  2. the professional conduct of persons licensed as having special competence in accountancy should be regulated in all aspects of the practice of public accounting;
  3. a public authority competent to prescribe and assess the qualifications and to regulate the professional conduct of practitioners of public accounting should be established; and
  4. the use of titles relating to the practice of public accounting that are likely to mislead the public as to the status or competence of the persons using these titles should be prohibited.

History. (§ 2 ch 62 SLA 1991; am § 2 ch 16 SLA 2006)

Sec. 08.04.010. Creation of board.

There is created the Board of Public Accountancy.

History. (§ 2(1) ch 187 SLA 1960; am § 3 ch 82 SLA 1980)

Sec. 08.04.020. Appointment and qualifications of board.

  1. The board consists of seven members appointed by the governor. Each member shall be a resident of this state for at least one year. Five members shall be certified public accountants or public accountants and two members shall be public members.
  2. Except for public members, an individual may not be appointed unless the individual holds a current license. Public members may not be employed by a person holding a license, permit, out-of-state exemption, or practice privilege under this chapter. Notwithstanding AS 08.01.025 , an accountant who does not hold a license under this chapter and is not engaged in the practice of public accounting in violation of this chapter is eligible for appointment as a public member under this section.

History. (§ 2(2) ch 187 SLA 1960; am § 6 ch 258 SLA 1976; am § 4 ch 82 SLA 1980; am § 3 ch 62 SLA 1991; am § 3 ch 16 SLA 2006; am § 1 ch 67 SLA 2010)

Effect of amendments. —

The first 2022 amendment, effective September 7, 2022, in (b), deleted “out-of-state exemption” following “license, permit,” inserted “, and does not have a direct financial interest in public accounting” following “violation of this chapter”, and made related changes.

Cross references. —

For term of office, see AS 08.01.035 .

For transitional provision relating to the members of the Board of Public Accountancy who are in office on January 1, 2008, see § 56, ch. 16, SLA 2006, in the 2006 Temporary and Special Acts.

Sec. 08.04.020. Appointment and qualifications of board.

  1. The board consists of seven members appointed by the governor. Each member shall be a resident of this state for at least one year. Five members shall be certified public accountants or public accountants and two members shall be public members.
  2. Except for public members, an individual may not be appointed unless the individual holds a current license. Public members may not be employed by a person holding a license, permit, or practice privilege under this chapter. Notwithstanding AS 08.01.025 , an accountant who does not hold a license under this chapter, is not engaged in the practice of public accounting in violation of this chapter, and does not have a direct financial interest in public accounting is eligible for appointment as a public member under this section.

History. (§ 2(2) ch 187 SLA 1960; am § 6 ch 258 SLA 1976; am § 4 ch 82 SLA 1980; am § 3 ch 62 SLA 1991; am § 3 ch 16 SLA 2006; am § 1 ch 67 SLA 2010; am § 1 ch 5 SLA 2022)

Sec. 08.04.025. Meetings of board.

The board shall hold a minimum of four meetings a year.

History. (§ 4 ch 62 SLA 1991)

Sec. 08.04.030. Removal of members.

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

History. (§ 2(2) ch 187 SLA 1960; am § 2 ch 66 SLA 1997; am § 4 ch 16 SLA 2006)

Cross references. —

See also AS 08.01.020 and 08.01.035 .

Sec. 08.04.040. Vacancy on board.

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

History. (§ 2(2) ch 187 SLA 1960; am § 5 ch 82 SLA 1980; am § 13 ch 94 SLA 1987; am § 2 ch 80 SLA 1996)

Cross references. —

See also AS 08.01.035 .

Sec. 08.04.050. Quorum.

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

History. (§ 2(3) ch 187 SLA 1960)

Sec. 08.04.055. Executive secretary of board.

  1. The department, in consultation with the board, shall employ a certified public accountant or person who has other accounting experience satisfactory to the board and who is not a member of the board to serve as executive secretary of the board.
  2. The executive secretary shall perform duties as prescribed by the board.
  3. The executive secretary of the board is in the partially exempt service and entitled to receive a monthly salary equal to a step in Range 23 on the salary schedule set out in AS 39.27.011(a) .

History. (§ 2 ch 67 SLA 2010; am § 1 ch 9 SLA 2011)

Sec. 08.04.060. Employment of personnel. [Repealed, § 3 ch 59 SLA 1966.]

Sec. 08.04.070. Functions of board.

  1. The board shall elect annually from its members a presiding officer, secretary, and treasurer. One person may hold the offices of secretary and treasurer.
  2. The board may adopt and amend regulations for the orderly conduct of its affairs and for the administration of this chapter.
  3. The board shall adopt a seal.
  4. [Repealed, § 53 ch 16 SLA 2006.]
  5. [Repealed, § 53 ch 16 SLA 2006.]
  6. The board shall adopt a formal statement of goals, objectives, and policies to be reviewed and updated annually.
  7. [Repealed, § 6 ch 19 SLA 1998.]
  8. The board shall define by regulation the qualifications and duties of the executive secretary and delegate authority to the executive secretary as necessary to conduct board business.

History. (§ 2(3) ch 187 SLA 1960; am § 6 ch 82 SLA 1980; am § 19 ch 6 SLA 1998; am § 53 ch 16 SLA 2006; am § 3 ch 67 SLA 2010; am §§ 11, 12 ch 13 SLA 2019)

Administrative Code. —

For rules of professional conduct, see 12 AAC 4, art. 1.

For the board, see 12 AAC 4, art. 2.

For requirements for certificate or license, see 12 AAC 4, art. 3.

For examination, see 12 AAC 4, art. 4.

For certificates and licenses, see 12 AAC 4, art. 5.

For continuing education, see 12 AAC 4, art. 6.

For disciplinary guidelines, see 12 AAC 4, art. 7.

For quality review, see 12 AAC 4, art. 8.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, made stylistic changes in (a); in (f), inserted a comma following “objectives”.

Sec. 08.04.075. Substantial equivalency.

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

History. (§ 5 ch 16 SLA 2006; am § 4 ch 67 SLA 2010)

Administrative Code. —

For certificates and licenses, see 12 AAC 4, art. 5.

Sec. 08.04.080. Adoption of rules.

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

History. (§ 2(5) ch 187 SLA 1960; am § 6 ch 16 SLA 2006; am § 1 ch 26 SLA 2014; am § 1 ch 74 SLA 2018)

Administrative Code. —

For rules of professional conduct, see 12 AAC 4, art. 1.

Effect of amendments. —

The 2014 amendment, effective September 15, 2014, substituted “30 days” for “60 days” near the beginning of the second sentence.

The 2018 amendment, effective October 31, 2018, in the second sentence, substituted “send a notice” for “mail copies” following “the board shall”, and deleted “together with a notice of its effective date” following “proposed rule or amendment”.

Sec. 08.04.085. Regulations regarding attest functions. [Repealed, § 42 ch 67 SLA 2010.]

Sec. 08.04.090. Applicability of Administrative Procedure Act. [Repealed, § 15 ch 82 SLA 1980. For current law, see AS 08.01.090.]

Article 2. Certified Public Accountants.

Sec. 08.04.100. Certificate granted.

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

History. (§ 3(1) ch 187 SLA 1960; am § 8 ch 16 SLA 2006; am § 5 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, deleted “, or an out-of-state exemption or practice privilege” at the end.

Sec. 08.04.100. Certificate granted.

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

History. (§ 3(1) ch 187 SLA 1960; am § 8 ch 16 SLA 2006; am § 5 ch 67 SLA 2010; am § 2 ch 5 SLA 2022)

Sec. 08.04.105. License for individual to practice as a public accountant.

  1. The board shall issue a license to engage in the practice of public accounting to an individual who meets the requirements of AS 08.04.110 08.04.130 . The license is valid for the remainder of the biennial licensing period during which the initial license was granted.
  2. The board may renew a license granted under this section if the licensee
    1. maintains all of the licensee’s offices as required by AS 08.04.360 08.04.380 ;
    2. complies with the continuing education requirements of AS 08.04.425 and the quality review requirements of AS 08.04.426 ; and
    3. complies with the requirements of this chapter.

History. (§ 9 ch 16 SLA 2006)

Administrative Code. —

For requirements for certificate or license, see 12 AAC 4, art. 3.

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in (b)(1), substituted “AS 08.04.360 and 08.04.370 ” for “AS 08.04.360 08.04.380 ”; in (b)(2), substituted “peer review requirements” for “quality review requirements”.

Sec. 08.04.105. License for individual to practice as a public accountant.

  1. The board shall issue a license to engage in the practice of public accounting to an individual who meets the requirements of AS 08.04.110 08.04.130 . The license is valid for the remainder of the biennial licensing period during which the initial license was granted.
  2. The board may renew a license granted under this section if the licensee
    1. maintains all of the licensee’s offices as required by AS 08.04.360 and 08.04.370 ;
    2. complies with the continuing education requirements of AS 08.04.425 and the peer review requirements of AS 08.04.426 ; and
    3. complies with the requirements of this chapter.

History. (§ 9 ch 16 SLA 2006; am § 3 ch 5 SLA 2022)

Sec. 08.04.110. Personal requirements.

An applicant for a certified public accountant license shall be of good moral character.

History. (§ 3(2) ch 187 SLA 1960; am § 3 ch 127 SLA 1974; am § 2 ch 67 SLA 1983; am § 10 ch 16 SLA 2006; am § 2 ch 74 SLA 2018)

Administrative Code. —

For requirements for license, see 12 AAC 4, art. 3.

Effect of amendments. —

The 2018 amendment, effective October 31, 2018, deleted “at least 19 years of age and” following “certified public accountant license shall be”.

Sec. 08.04.120. Educational and experience requirements.

  1. The education and experience requirements for an applicant are a baccalaureate degree or its equivalent conferred by a college or university acceptable to the board and additional semester hours or post-baccalaureate study so that the total educational program includes at least 150 hours, with an accounting concentration or equivalent as determined by the board by regulation to be appropriate, and two years of accounting experience satisfactory to the board.
  2. [Repealed, §  9 ch 74 SLA 2018.]

History. (§ 3(3) — (6) ch 187 SLA 1960; am § 14 ch 6 SLA 1984; am § 4 ch 21 SLA 1991; am §§ 5, 6 ch 62 SLA 1991; am §§ 22, 23 ch 29 SLA 1996; am § 11 ch 16 SLA 2006; am § 1 ch 37 SLA 2008; am § 9 ch 74 SLA 2018)

Administrative Code. —

For requirements for certificate or license, see 12 AAC 4, art. 3.

For certificates and licenses, see 12 AAC 4, art. 5.

Effect of amendments. —

The 2018 amendment, effective October 31, 2018, repealed (b).

Sec. 08.04.130. Examination.

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

History. (§ 3(7) ch 187 SLA 1960; am § 7 ch 62 SLA 1991; am § 1 ch 139 SLA 2003; am § 12 ch 16 SLA 2006)

Administrative Code. —

For requirements for certificate or license, see 12 AAC 4, art. 3.

For examination, see 12 AAC 4, art. 4.

For disciplinary guidelines, see 12 AAC 4, art. 7.

Sec. 08.04.140. Frequency of examination [Repealed by § 3, ch. 139, SLA 2003.]

Sec. 08.04.150. Qualifications to take examination.

A person is qualified to take the examination for certified public accountants if the person either

  1. has a baccalaureate degree or its equivalent conferred by a college or university acceptable to the board with
    1. an accounting concentration or the equivalent, as defined in regulations of the board;
    2. a minimum of 15 semester credit hours or 22 quarter credit hours of accounting subjects; or
    3. one year of public accounting experience under the direct supervision of a certified public accountant; or
  2. has met or is within 18 semester credit hours or 27 quarter credit hours of meeting the undergraduate educational requirements of AS 08.04.120 and has completed at least 15 semester hours or 22 quarter hours of accounting subjects.

History. (§ 3(9) ch 187 SLA 1960; am § 8 ch 62 SLA 1991; am § 1 ch 12 SLA 1997)

Administrative Code. —

For requirements for certificate or license, see 12 AAC 4, art. 3.

For examination, see 12 AAC 4, art. 4.

Sec. 08.04.160. Re-examination. [Repealed by § 3, ch. 139, SLA 2003.]

Sec. 08.04.170. Examination standards. [Repealed by § 3, ch. 139, SLA 2003.]

Sec. 08.04.180. Prior applicants.

History. [Repealed, § 9 ch 74 SLA 2018.]

Sec. 08.04.190. Examination fee.

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

History. (§ 3(12) ch 187 SLA 1960; am § 1 ch 147 SLA 1976; am § 4 ch 37 SLA 1985)

Sec. 08.04.195. Reciprocity with other states.

  1. Notwithstanding AS 08.04.110 08.04.190 , the board may issue a license to engage in the practice of public accounting to an applicant who holds a license, or its equivalent, issued by another state if the applicant
    1. passed the Uniform Certified Public Accountant Examination of the American Institute of Certified Public Accountants in order to receive the applicant’s initial license from the other state;
    2. meets the accounting experience requirements established by the board by regulation;
    3. is not the subject of review procedures, disciplinary proceedings, or unresolved complaints related to the applicant’s license from another state; and
    4. is of good moral character.
  2. An applicant for the initial issuance of a license under this section shall list in the application all states where the applicant has applied for or holds a license, or its equivalent, and shall notify the board in writing within 30 days after a denial, revocation, or suspension of a license, or the equivalent, by another state.
  3. The board may by regulation establish the education and continuing education requirements for the issuance of a license under this section.
  4. The board may renew a license issued under this section if the licensee
    1. maintains all of the licensee’s offices as required by AS 08.04.360 08.04.380 ;
    2. complies with the continuing education requirements established under (c) of this section; and
    3. complies with the requirements of this chapter.

History. (§ 1 ch 29 SLA 1996; am § 2 ch 139 SLA 2003; am §§ 14, 15 ch 16 SLA 2006; am § 3 ch 74 SLA 2018)

Cross references. —

For temporary courtesy licenses, see AS 08.01.062 .

Administrative Code. —

For requirements for certificate or license, see 12 AAC 4, art. 3.

Effect of amendments. —

The 2018 amendment, effective October 31, 2018, rewrote (a)(2), which read “has four years of experience outside the state in the practice of public accounting or meets equivalent requirements established by the board by regulation; the four years must occur after the applicant passes the examination required in (1) of this subsection and within the 10 years immediately preceding the applicant’s application under this chapter;”.

The 2022 amendment, effective September 7, 2022, in (d)(1), substituted “AS 08.04.360 and 08.04.370 ” for “AS 08.04.360 08.04.380 ”.

Sec. 08.04.195. Reciprocity with other states.

  1. Notwithstanding AS 08.04.110 08.04.190 , the board may issue a license to engage in the practice of public accounting to an applicant who holds a license, or its equivalent, issued by another state if the applicant
    1. passed the Uniform Certified Public Accountant Examination of the American Institute of Certified Public Accountants in order to receive the applicant’s initial license from the other state;
    2. meets the accounting experience requirements established by the board by regulation;
    3. is not the subject of review procedures, disciplinary proceedings, or unresolved complaints related to the applicant’s license from another state; and
    4. is of good moral character.
  2. An applicant for the initial issuance of a license under this section shall list in the application all states where the applicant has applied for or holds a license, or its equivalent, and shall notify the board in writing within 30 days after a denial, revocation, or suspension of a license, or the equivalent, by another state.
  3. The board may by regulation establish the education and continuing education requirements for the issuance of a license under this section.
  4. The board may renew a license issued under this section if the licensee
    1. maintains all of the licensee’s offices as required by AS 08.04.360 and 08.04.370 ;
    2. complies with the continuing education requirements established under (c) of this section; and
    3. complies with the requirements of this chapter.

History. (§ 1 ch 29 SLA 1996; am § 2 ch 139 SLA 2003; am §§ 14, 15 ch 16 SLA 2006; am § 3 ch 74 SLA 2018; am § 4 ch 5 SLA 2022)

Sec. 08.04.200. Use of title “certified public accountant” by individual.

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

History. (§ 3(13) ch 187 SLA 1960; am § 16 ch 16 SLA 2006; am § 6 ch 67 SLA 2010)

Sec. 08.04.210. Effect on certificates existing on April 26, 1960.

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

History. (§ 3(14) ch 187 SLA 1960; am § 17 ch 16 SLA 2006)

Sec. 08.04.220. Certification of foreign accountants. [Repealed, § 15 ch 82 SLA 1980.]

Sec. 08.04.230. Registration of foreign accountants. [Repealed, § 2 ch 147 SLA 1976.]

Sec. 08.04.240. Application of partnerships, limited liability companies, corporations, and other legal entities for permits.

  1. The board shall grant a permit to engage in the practice of public accounting as a partnership to a partnership that applies to the board as a partnership of certified public accountants if the partnership meets the following requirements:
    1. more than one-half of the ownership of the partnership belongs to certified public accountants of this or another state in good standing;
    2. an individual who is a certified public accountant or has a practice privilege, who is responsible for supervising attest functions or compilation services in the partnership, and who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the partnership meets the competency requirements established by the board under AS 08.04.423 ;
    3. an individual who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the partnership meets the competency requirements established by the board under AS 08.04.423 ; and
    4. each partner who is personally engaged in this state in the practice of public accounting as a member of that partnership and whose principal place of business is in this state is a certified public accountant of this state in good standing.
  2. The board shall grant a permit to engage in the practice of public accounting as a corporation to a corporation organized for the practice of public accounting that applies to the board as a corporation of certified public accountants if the corporation meets the following requirements:
    1. the sole purpose and business of the corporation are to furnish to the public services not inconsistent with this chapter or the regulations adopted under it by the board; however, the corporation may invest its funds in a manner not incompatible with the practice of public accounting;
    2. at least a simple majority of the shares of the corporation are owned by certified public accountants of this or another state in good standing and the principal officer of the corporation and any officer having authority over the practice of public accounting by the corporation is a certified public accountant of this or another state in good standing;
    3. an individual who is a certified public accountant or has a practice privilege, who is responsible for supervising attest functions or compilation services in the corporation, and who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the corporation meets the competency requirements established by the board under AS 08.04.423 ;
    4. an individual who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the corporation meets the competency requirements established by the board under AS 08.04.423 ;
    5. each shareholder or director personally engaged in this state in the practice of public accounting and whose principal place of business is located in this state is a certified public accountant of this state in good standing;
    6. to facilitate compliance with the provisions of this section relating to the ownership of stock, there is a written agreement binding the corporation or the qualified shareholders to purchase shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder and binding a holder not a qualified shareholder to sell these shares to the corporation or the qualified shareholders; the agreement must be noticed on each certificate of corporate stock; the corporation may purchase any amount of its stock for this purpose, notwithstanding any impairment of capital, so long as one share remains outstanding; and
    7. the corporation is in compliance with those other regulations pertaining to corporations practicing public accounting in this state that the board may adopt.
  3. Application for a permit under this section shall be made upon the affidavit of a general partner, member, or shareholder who is a certified public accountant of this state in good standing or an individual with a practice privilege. The board shall, in each case, determine whether the applicant is eligible for a permit under this section. A partnership, limited liability company, corporation, or other legal entity that is issued a permit under this section may use the words “certified public accountants” or the abbreviation “CPAs” in connection with the name of the partnership, limited liability company, corporation, or other legal entity. The board shall be notified within one month after the admission or withdrawal of a partner, member, or shareholder from a partnership, limited liability company, corporation, or other legal entity issued a permit under this section.
  4. The board shall grant a permit to engage in the practice of public accounting as a limited liability company to a limited liability company engaged in this state in the practice of public accounting that applies to the board as a limited liability company of certified public accountants if
    1. the sole purpose and the sole business of the company are to furnish to the public services that are consistent with this chapter or the regulations adopted under this chapter, except that the company may invest its money in a manner that is compatible with the practice of public accounting;
    2. more than one-half of the ownership of the limited liability company belongs to certified public accountants of this or another state in good standing;
    3. an individual who is a certified public accountant or has a practice privilege, who is responsible for supervising attest functions or compilation services in the company, and who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the company meets the competency requirements established by the board under AS 08.04.423 ;
    4. an individual who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the company meets the competency requirements established by the board under AS 08.04.423 ; and
    5. each member personally engaged in this state in the practice of public accounting and whose principal place of business is located in this state is a certified public accountant of this state in good standing.
  5. The board may grant a permit to engage in the practice of public accounting to a legal entity, other than a partnership, corporation, or limited liability company, if the legal entity applies to the board on a form provided by the board and satisfies other application requirements and conditions for the legal entity that are established by the board by regulation to protect the public interest.
  6. An initial permit issued under (a), (b), (d), or (e) of this section lasts for the remainder of the biennial licensing period during which the initial permit was granted.
  7. The board shall renew a permit granted under (a), (b), (d), or (e) of this section or a renewal issued under this subsection if
    1. the permittee maintains all of the licensee’s offices that are located in this state as required by AS 08.04.360 08.04.380 ;
    2. each individual who is required by (a), (b), (d), or (e) of this section to be a certified public accountant of this state complies with the continuing education requirements of AS 08.04.425 and the quality review requirements of AS 08.04.426 ; and
    3. the permittee complies with the requirements of this chapter, including the competency requirement of (a)(2) and (3), (b)(3) and (4), and (d)(3) and (4) of this section.
  8. A partnership holding a permit issued under former AS 08.04.330 — 08.04.340 on June 29, 1980, qualifies for a permit under this section as long as each partner personally engaged in the practice of public accounting in this state holds a license or permit under AS 08.04.661 .
  9. For the purposes of issuing a permit under this section, a partnership, limited liability company, corporation, or other legal entity may include owners who are not certified public accountants if
    1. the partnership, corporation, limited liability company, or other legal entity designates a certified public accountant or an individual with practice privileges to be responsible for the proper registration of the entity and identifies the certified public accountant or individual to the board;
    2. all of the owners of the partnership, corporation, limited liability company, or other legal entity who are not certified public accountants are active individual participants in the partnership, corporation, limited liability company, or other legal entity, or in an entity affiliated with the partnership, corporation, limited liability company, or other legal entity; and
    3. the partnership, corporation, limited liability company, or other legal entity complies with the other requirements that the board may adopt by regulation to protect the public interest as described under AS 08.04.005 .
  10. If the ownership of a partnership, limited liability company, corporation, or other legal entity, after it has received or renewed a permit, does not comply with (i) of this section, the partnership, limited liability company, corporation, or other legal entity shall take corrective action to comply with (i) of this section within a reasonable time after the noncompliance begins. The board shall establish by regulation the criteria to determine what is a reasonable time and may base the regulation on national standards.

History. (§§ 5(1), 10(3) ch 187 SLA 1960; § 3 ch 147 SLA 1976; am §§ 2, 3 ch 29 SLA 1996; am §§ 18, 19 ch 16 SLA 2006; am §§ 7 — 12 ch 67 SLA 2010)

Administrative Code. —

For permits and practice privileges, see 12 AAC 4, art. 5.

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in (a), in the introductory language, substituted “to a firm with an office in the state” for “as a partnership to a partnership” following “public accounting”, and substituted “firm” for “partnership” throughout, in (a)(4), substituted “owner” for “partner” at the beginning, and “the firm” for “that partnership” following “as a member”; repealed (b) — (e); in (f), substituted “or (k)” for “, (b), (d), or (e)” following “issued under”; in (g)(1), substituted “AS 08.04.360 and 08.04.370 ” for “AS 08.04.360 08.04.380 ” following “required by”, in (g)(2), substituted “or (k)” for “, (b), (d), or (e)” following “required by”, and “peer review” for “quality review” preceding “requirements”, in (g)(3), deleted “, including the competency requirement of (a)(2) and (3), (b)(3) and (4), and (d)(3) and (4) of this section; in (i) and (j), substituted “firm” for “partnership, limited liability company, corporation, or other legal entity”, or similar, throughout; added (k).

Sec. 08.04.240. Application of partnerships, limited liability companies, corporations, and other legal entities for permits.

  1. The board shall grant a permit to engage in the practice of public accounting to a firm with an office in the state that applies to the board as a firm of certified public accountants if the firm meets the following requirements:
    1. more than one-half of the ownership of the firm belongs to certified public accountants of this or another state in good standing;
    2. an individual who is a certified public accountant or has a practice privilege, who is responsible for supervising attest functions or compilation services in the firm, and who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the firm meets the competency requirements established by the board under AS 08.04.423 ;
    3. an individual who signs or authorizes another person to sign an accountant’s report on financial statements on behalf of the firm meets the competency requirements established by the board under AS 08.04.423 ; and
    4. each owner who is personally engaged in this state in the practice of public accounting as a member of the firm and whose principal place of business is in this state is a certified public accountant of this state in good standing.
  2. [Repealed, § 44, ch 5 SLA 2022.]
  3. [Repealed, § 44, ch 5 SLA 2022.]
  4. [Repealed, § 44, ch 5 SLA 2022.]
  5. [Repealed, § 44, ch 5 SLA 2022.]
  6. An initial permit issued under (a) or (k) of this section lasts for the remainder of the biennial licensing period during which the initial permit was granted.
  7. The board shall renew a permit granted under (a) or (k) of this section or a renewal issued under this subsection if
    1. the permittee maintains all of the licensee’s offices that are located in this state as required by AS 08.04.360 and 08.04.370 ;
    2. each individual who is required by (a) or (k) of this section to be a certified public accountant of this state complies with the continuing education requirements of AS 08.04.425 and the peer review requirements of AS 08.04.426 ; and
    3. the permittee complies with the requirements of this chapter.
  8. A partnership holding a permit issued under former AS 08.04.330 — 08.04.340 on June 29, 1980, qualifies for a permit under this section as long as each partner personally engaged in the practice of public accounting in this state holds a license or permit under AS 08.04.661 .
  9. For the purposes of issuing a permit under this section, a firm may include owners who are not certified public accountants if
    1. the firm designates a certified public accountant or an individual with practice privileges to be responsible for the proper registration of the entity and identifies the certified public accountant or individual to the board;
    2. all of the owners of the firm who are not certified public accountants are active individual participants in the firm or in an entity affiliated with the firm; and
    3. the firm complies with the other requirements that the board may adopt by regulation to protect the public interest as described under AS 08.04.005 .
  10. If the ownership of a firm, after the firm has received or renewed a permit, does not comply with (i) of this section, the firm shall take corrective action to comply with (i) of this section within a reasonable time after the noncompliance begins. The board shall establish by regulation the criteria to determine what is a reasonable time and may base the regulation on national standards.
  11. The board shall grant a permit to engage in the practice of public accounting to a firm that does not have an office in the state but provides, or offers to provide, attest functions in the state, if the firm meets the following requirements:
    1. the firm meets the requirements of (a)(1) of this section;
    2. the firm complies with the requirements in AS 08.04.426 ;
    3. the attest functions performed by the firm in the state are performed by an individual who is a certified public accountant of this state in good standing or who has a practice privilege; and
    4. the firm holds a permit to engage in the practice of public accounting in good standing in the jurisdiction in which the principal office of the firm is maintained.

History. (§§ 5(1), 10(3) ch 187 SLA 1960; § 3 ch 147 SLA 1976; am §§ 2, 3 ch 29 SLA 1996; am §§ 18, 19 ch 16 SLA 2006; am §§ 7 — 12 ch 67 SLA 2010; am § 5 ch 5 SLA 2022; am § 6 ch 5 SLA 2022; am § 7 ch 5 SLA 2022; am § 8 ch 5 SLA 2022; am § 9 ch 5 SLA 2022; am § 10 ch 5 SLA 2022; am § 44 ch 5 SLA 2022)

Sec. 08.04.250. Requirements for registration. [Repealed, § 4 ch 147 SLA 1976.]

Sec. 08.04.260. Temporary certificate as certified public accountant. [Repealed, § 7 ch 66 SLA 1997.]

Secs. 08.04.270 — 08.04.340. Public accountants. [Repealed, § 15 ch 82 SLA 1980.]

Article 3. Regulation of Accountants.

Cross references. —

For a transitional provision relating to a person who, on January 1, 2008, holds a current permit for individual or general practice issued under this chapter to continue to operate under authority of the permit until renewed under the provisions of this chapter as amended by ch. 16, SLA 2006, see § 55(a), ch. 16, SLA 2006, in the 2006 Temporary and Special Acts.

Sec. 08.04.350. Registration of offices. [Repealed, § 12 ch 62 SLA 1988.]

Sec. 08.04.360. Supervision required.

Each office established or maintained in this state for the practice of public accounting shall be under the direct supervision of an individual in residence who holds a license or a practice privilege. The supervisor may be a sole proprietor, partner, principal, member, or staff employee. A supervisor may serve in this capacity at one office only.

History. (§ 9(2) ch 187 SLA 1960; am § 4 ch 29 SLA 1996; am § 20 ch 16 SLA 2006)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in the first sentence, deleted “in residence” following “an individual”, and substituted “issued under this chapter” for “or a practice privilege” at the end, rewrote the third sentence, which read, “A supervisor may serve in this capacity at one office only.”

Sec. 08.04.360. Supervision required.

Each office established or maintained in this state for the practice of public accounting shall be under the direct supervision of an individual who holds a license issued under this chapter. The supervisor may be a sole proprietor, partner, principal, member, or staff employee. A supervisor may serve in this capacity for each office in the state that is maintained by a firm.

History. (§ 9(2) ch 187 SLA 1960; am § 4 ch 29 SLA 1996; am § 20 ch 16 SLA 2006; am § 11 ch 5 SLA 2022)

Sec. 08.04.370. Use of title “certified public accountant” by office of legal entity.

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

History. (§ 9(3) ch 187 SLA 1960; am § 21 ch 16 SLA 2006; am § 13 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, substituted “firm” for “legal entity” following “an office of a” and deleted “or an out-of-state exemption” following “holding a permit”.

Sec. 08.04.370. Use of title “certified public accountant” by office offirm.

The title “certified public accountant” or the abbreviation “CPA” may not be used in connection with an office of a firm holding a permit unless the supervision requirement of AS 08.04.360 is satisfied.

History. (§ 9(3) ch 187 SLA 1960; am § 21 ch 16 SLA 2006; am § 13 ch 67 SLA 2010; am § 12 ch 5 SLA 2022)

Sec. 08.04.380. Waiver of requirements.

The board may waive the requirements of AS 08.04.240(a)(4) , (b)(5), and (d)(5), 08.04.360 , and 08.04.370 if

  1. the community has a population of 2,000 or less; and
  2. the individual, partnership, corporation, limited liability company, or other legal entity that opens or maintains the office maintains another office in the state that meets the requirements outlined in AS 08.04.360 and 08.04.370 .

History. (§ 9(4) ch 187 SLA 1960; am § 2 ch 70 SLA 1964; am § 7 ch 147 SLA 1976; am § 5 ch 29 SLA 1996; am § 22 ch 16 SLA 2006; am § 14 ch 67 SLA 2010)

Sec. 08.04.380. Waiver of requirements.

History. [§ 9[4] ch 187 SLA 1960; am § 2 ch 70 SLA 1964; am § 7 ch 147 SLA 1976; am § 5 ch 29 SLA 1996; am § 22 ch 16 SLA 2006; am § 14 ch 67 SLA 2010; Repealed, § 44 ch 5 SLA 2022.]

Sec. 08.04.390. Permit for individual practice as a public accountant. [Repealed, § 53 ch 16 SLA 2006.]

Sec. 08.04.400. Permit for partnership, limited liability company, or corporate practice as a public accountant. [Repealed, § 53 ch 16 SLA 2006.]

Sec. 08.04.410. Inactive license for person not engaged in practice.

Notwithstanding AS 08.04.105 or 08.04.195 , an individual holding a license who is not engaged in the practice of public accounting may maintain the license in good standing by notifying the board that the individual is inactive and paying the required fee.

History. (§ 10(4) ch 187 SLA 1960; am § 10 ch 147 SLA 1976; am § 7 ch 37 SLA 1985; am § 3 ch 66 SLA 1997; am § 23 ch 16 SLA 2006)

Administrative Code. —

For certificates and licenses, see 12 AAC 4, art. 5.

For continuing education, see 12 AAC 4, art. 6.

Sec. 08.04.420. Practice privileges.

  1. Except as limited by (b) of this section, an individual who does not have a license in this state, but who is licensed to practice public accounting in another state and whose principal place of business for the practice of public accounting is in the other state may engage in the practice of public accounting in this state under a practice privilege if the state in which the individual is licensed to practice public accounting
    1. requires as a condition of licensure that an individual
      1. have at least 150 semester hours of college education, including a baccalaureate or higher degree conferred by a college or university;
      2. achieve a passing grade on the Uniform Certified Public Accountant Examination; and
      3. possess at least one year of experience, which includes providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills; the experience may be obtained through practice with the government, industry, colleges, universities, or the public; or
    2. does not require as a condition of licensure that an individual satisfy the requirements of (1) of this subsection, but the individual’s qualifications are substantially equivalent to the requirements of (1) of this subsection; however, for the purposes of this paragraph, the education of an individual who holds a valid license to practice public accounting that is issued by another state before January 1, 2013, and who passes the Uniform Certified Public Accountant Examination before January 1, 2013, is exempt from the education requirement identified in (1)(A) of this subsection.
  2. Unless the individual is a sole practitioner, if an individual who engages in the practice of public accounting under a practice privilege under (a) of this section performs designated functions for a client whose home office is in this state, the individual may only provide the designated functions through a legal entity that has a permit.
  3. An individual who may engage in the practice of public accounting in this state under (a) or (b) of this section is not required to provide a notice to the board, to pay a fee to the board, or to submit documentation to the board in order to engage in the practice of public accounting in this state. The person may engage in the practice of public accounting by mail, by telephone, by electronic means, or in person.

History. (§ 10(5) ch 187 SLA 1960; am § 11 ch 147 SLA 1976; am § 8 ch 37 SLA 1985; am § 7 ch 29 SLA 1996; am § 24 ch 16 SLA 2006; am § 15 ch 67 SLA 2010)

Cross references. —

For temporary courtesy licenses, see AS 08.01.062 .

Administrative Code. —

For certificates and licenses, see 12 AAC 4, art. 5.

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in the introductory language in (a), deleted “Except as limited by (b) of this section,” and made a related change; repealed (b); in (c), deleted “or (b)” following “this state under (a)”.

Sec. 08.04.420. Practice privileges.

  1. An individual who does not have a license in this state, but who is licensed to practice public accounting in another state and whose principal place of business for the practice of public accounting is in the other state may engage in the practice of public accounting in this state under a practice privilege if the state in which the individual is licensed to practice public accounting
    1. requires as a condition of licensure that an individual
      1. have at least 150 semester hours of college education, including a baccalaureate or higher degree conferred by a college or university;
      2. achieve a passing grade on the Uniform Certified Public Accountant Examination; and
      3. possess at least one year of experience, which includes providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills; the experience may be obtained through practice with the government, industry, colleges, universities, or the public; or
    2. does not require as a condition of licensure that an individual satisfy the requirements of (1) of this subsection, but the individual’s qualifications are substantially equivalent to the requirements of (1) of this subsection; however, for the purposes of this paragraph, the education of an individual who holds a valid license to practice public accounting that is issued by another state before January 1, 2013, and who passes the Uniform Certified Public Accountant Examination before January 1, 2013, is exempt from the education requirement identified in (1)(A) of this subsection.
  2. [Repealed, § 44 ch 5 SLA 2022.]
  3. An individual who may engage in the practice of public accounting in this state under (a) of this section is not required to provide a notice to the board, to pay a fee to the board, or to submit documentation to the board in order to engage in the practice of public accounting in this state. The person may engage in the practice of public accounting by mail, by telephone, by electronic means, or in person.

History. (§ 10(5) ch 187 SLA 1960; am § 11 ch 147 SLA 1976; am § 8 ch 37 SLA 1985; am § 7 ch 29 SLA 1996; am § 24 ch 16 SLA 2006; am § 15 ch 67 SLA 2010; am § 13 ch 5 SLA 2022; am § 14 ch 5 SLA 2022; am § 44 ch 5 SLA 2022)

Sec. 08.04.421. Out-of-state permits and exemptions.

  1. A legal entity that does not have an office in this state, that is authorized to practice public accounting in another state, and that performs designated functions for a client whose home office is located in this state may not engage in the practice of public accounting in this state unless the legal entity has an out-of-state permit. To obtain an out-of-state permit, the legal entity shall submit to the board
    1. a written notice on a form provided by the board;
    2. the fee required by the board;
    3. verification of the current authorization of the legal entity to practice public accounting in the other state; and
    4. verification that the legal entity participates in a quality review program comparable to the program required of entities registered under AS 08.04.426 .
  2. A legal entity that performs designated services but not designated functions for a client whose home office is located in this state may engage in the practice of public accounting in this state under an out-of-state exemption if the legal entity
    1. does not have an office in this state;
    2. is authorized to practice public accounting in another state;
    3. performs the designated services through an individual with a practice privilege; and
    4. participates in a quality review program comparable to the program required under AS 08.04.426 .
  3. A legal entity that does not have an office in this state, is authorized to practice public accounting in another state, and does not perform designated functions or designated services for a client whose home office is located in this state may engage in the practice of public accounting in this state under an out-of-state exemption if the services that the legal entity performs within the practice of public accounting are performed
    1. through an individual who has a practice privilege; and
    2. only to the extent that the legal entity can lawfully perform the services in the state where the individual with a practice privilege has the individual’s principal place of business.
  4. If the board denies an out-of-state permit to a legal entity under (a) of this section, the board shall provide notice of the denial to the legal entity.
  5. Notwithstanding AS 08.01.100(b) , the board shall establish by regulation the period for which an out-of-state permit authorized by (a) of this section is valid. However, the initial term of an out-of-state permit may not exceed three years. The board may renew an out-of-state permit and shall establish by regulation the terms for and length of a renewal, except that the length of a renewal for an out-of-state permit may not exceed four years.
  6. A legal entity who may engage in the practice of public accounting under an out-of-state exemption is not required to provide a notice to the board, pay a fee to the board, or submit documentation to the board. The person may engage in the practice of public accounting by mail, by telephone, by electronic means, or in person.
  7. In this section, “designated service” means
    1. a review of a financial statement, if the performance of the review is established by the Statements on Standards for Accounting and Review Services; or
    2. a compilation service.

History. (§ 16 ch 67 SLA 2010)

Sec. 08.04.421. Out-of-state permits and exemptions.

History. [§ 16 ch 67 SLA 2010; Repealed, § 44 ch 5 SLA 2022.]

Sec. 08.04.422. Conditions of practice privileges, out-of-state permits, and out-of-state exemptions.

An individual with a practice privilege who engages in the practice of public accounting in the state under the practice privilege, a legal entity with a permit or exemption under AS 08.04.421 who engages in the practice of public accounting in this state under the permit or exemption, and a legal entity that hires an individual with a practice privilege shall

  1. consent to the personal and subject matter jurisdiction and disciplinary authority of the board;
  2. agree to comply with this chapter, including the regulations adopted by the board;
  3. agree that the individual or legal entity will stop offering to engage or engaging in the practice of public accounting, whether individually or on behalf of a legal entity, if the license from the state of the individual’s or legal entity’s principal place of business becomes invalid; and
  4. consent to the appointment of the state board that issued the individual’s license as the individual’s or legal entity’s agent for service of process in a court action or in another proceeding against the individual or legal entity that arises out of a transaction or an operation connected with or incidental to the individual’s or legal entity’s engagement in the practice of public accounting.

History. (§ 16 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in the introductory language, substituted “that” for “or exemption under AS 08.04.421 who” following “with a permit”, deleted “under the permit or exemption” following “in this state”, substituted “firm” for “legal entity”, or similar, throughout the section.

Sec. 08.04.422. Conditions of practice privileges.

An individual with a practice privilege who engages in the practice of public accounting in the state under the practice privilege, a firm with a permit that engages in the practice of public accounting in this state, and a firm that hires an individual with a practice privilege shall

  1. consent to the personal and subject matter jurisdiction and disciplinary authority of the board;
  2. agree to comply with this chapter, including the regulations adopted by the board;
  3. agree that the individual or firm will stop offering to engage or engaging in the practice of public accounting, whether individually or on behalf of a firm, if the license from the state of the individual’s or firm’s principal place of business becomes invalid; and
  4. consent to the appointment of the state board that issued the individual’s license as the individual’s or firm’s agent for service of process in a court action or in another proceeding against the individual or firm that arises out of a transaction or an operation connected with or incidental to the individual’s or firm’s engagement in the practice of public accounting.

History. (§ 16 ch 67 SLA 2010; am § 15 ch 5 SLA 2022)

Sec. 08.04.423. Competency requirement after licensing.

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

History. (§ 25 ch 16 SLA 2006)

Administrative Code. —

For rules of professional conduct, see 12 AAC 4, art. 1.

Sec. 08.04.425. Continuing education.

  1. The board shall by regulation prescribe requirements for continuing education for individuals with licenses under this chapter. In adopting these regulations, the board may
    1. use and rely upon guidelines and pronouncements with respect to continuing education issued by recognized educational and professional associations in the field; and
    2. prescribe content, duration, and organization of courses or programs that will satisfy the continuing education requirements.
  2. Each application for renewal of a license to practice as a certified public accountant by an individual who has held a license as a certified public accountant for two years or more shall be accompanied or supported by documents or other evidence indicating satisfaction of the continuing education requirements prescribed by the board during the two years immediately preceding the application.
  3. Failure by an applicant for renewal of a license to furnish the evidence required under (b) of this section constitutes grounds for revocation, suspension, or refusal to renew the license under AS 08.04.450 unless the board determines that failure to have been due to reasonable cause or excusable neglect. However, the board may renew a license despite failure to furnish evidence of satisfaction of the continuing education requirements established under (a) of this section if the applicant agrees to follow a particular program or schedule of continuing education prescribed by the board.
  4. In adopting regulations under (a) of this section, or in issuing individual orders under (c) of this section, the board
    1. shall consider
      1. the accessibility of applicants to the continuing education courses or programs that it may require; and
      2. any impediments to interstate practice of public accounting that may result from differences in continuing education requirements prescribed by other states; and
    2. may relax or suspend the continuing education requirements
      1. for applicants who certify that they do not intend to engage in the practice of public accounting; or
      2. in instances of individual hardship.

History. (§ 12 ch 147 SLA 1976; am § 5 ch 21 SLA 1991; am § 26 ch 16 SLA 2006)

Administrative Code. —

For continuing education, see 12 AAC 4, art. 6.

Sec. 08.04.426. Quality review.

  1. The board may require as a condition for renewal of a license or a permit that the applicant for the renewal undergo a quality review conducted as required by the board by regulation.
  2. The quality review under (a) of this section must include verification that the reviewing individual meets the competency requirements set out in the professional standards established by the board for the services. In this subsection, “reviewing individual” means the individual who is responsible for supervising and signing off on or authorizing another individual to sign off on attest functions performed by the applicant.
  3. The board shall adopt the regulations under (a) of this section in a reasonable time before the regulations are scheduled to become effective.
  4. The regulations adopted under (a) of this section may require that
    1. an applicant demonstrate that the applicant has undergone a quality review that is a satisfactory equivalent to the quality review under (a) of this section;
    2. the quality reviews be subject to supervision by an oversight body established or approved by the board;
    3. the quality reviews be operated and the documents be maintained in a manner that is designed to preserve confidentiality; and
    4. the board or another person, except for the oversight body authorized by (2) of this subsection, may not access the documents furnished or generated in the course of the quality review.
  5. An oversight body required by (d)(2) of this section shall
    1. periodically report to the board on the effectiveness of the quality review program it is supervising; and
    2. provide the board with a list of the applicants who have participated in a quality review program that is satisfactory to the board.

History. (§ 12 ch 62 SLA 1991; am § 27 ch 16 SLA 2006)

Administrative Code. —

For quality review, see 12 AAC 4, art. 8.

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in (a), substituted “renewal provide evidence of enrollment in a peer review program approve by the board” for “renewal undergo a quality review conducted as required by the board”; repealed (b); in (c), inserted, “and (f), following “under (a)”; in (d), in the introductory language, inserted “or (f)” following “under (a)”, in (d)(1), twice substituted “peer review” for “quality review”, in (d)(2), substituted “administration of a peer review be subject to oversight” for “quality reviews be subject to supervision” near the beginning, in (d)(3), substituted “a peer review be performed” for “the quality reviews be operated” at the beginning, rewrote (d)(4), which read, “the board or another person, except for the oversight body authorized by (2) of this subsection, may not access the documents furnished or generated in the course of the quality review”; repealed (e); added (f).

Sec. 08.04.426. Quality review.

  1. The board may require as a condition for renewal of a license or a permit that the applicant for the renewal provide evidence of enrollment in a peer review program approved by the board by regulation.
  2. [Repealed, § 44 ch 5 SLA 2022.]
  3. The board shall adopt the regulations under (a) and (f) of this section in a reasonable time before the regulations are scheduled to become effective.
  4. The regulations adopted under (a) or (f) of this section may require that
    1. an applicant demonstrate that the applicant has undergone a peer review that is a satisfactory equivalent to the peer review under (a) of this section;
    2. the administration of a peer review be subject to oversight by an oversight body established or approved by the board;
    3. a peer review be performed and the documents be maintained in a manner that is designed to preserve confidentiality; and
    4. organizations administering peer review programs provide information requested by the board.
  5. [Repealed, § 44 ch 5 SLA 2022.]
  6. The board shall, not more frequently than once every three years, require as a condition for renewal of a permit of a firm that the applicant firm undergo a peer review conducted as required by the board by regulation. The peer review must include verification that an individual who practices at the firm, including an individual who is responsible for supervising attest function services in the firm, and who signs or authorizes another person to sign the accountant’s report on a financial statement on behalf of the firm, meets competency requirements established by the board. The regulations must
    1. include reasonable provision for compliance by a firm showing that it has, within the preceding three years, undergone a peer review acceptable to the board that is substantially equivalent to the peer review required in (d) of this section;
    2. require, for an organization administering peer review programs under (1) of this subsection, to be subject to periodic evaluation by the board to assess the effectiveness of the peer review program;
    3. require, for peer reviews under (1) of this subsection, timely submittal of peer review documents on board request; and
    4. maintain documents collected by the board under this subsection in a manner that is designed to preserve confidentiality.

History. (§ 12 ch 62 SLA 1991; am § 27 ch 16 SLA 2006; am § 16 ch 5 SLA 2022; am § 17 ch 5 SLA 2022; am § 18 ch 5 SLA 2022; am § 19 ch 5 SLA 2022; am § 44 ch 5 SLA 2022)

Sec. 08.04.430. Expiration and renewal. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.100.]

Sec. 08.04.440. Effect of failure to obtain license or permit.

Failure of an individual, partnership, limited liability company, corporation, or other legal entity to apply for a required license or permit or to pay a required fee within (1) three years from the expiration date of the license or permit last obtained or renewed, or (2) three years from the date the person was granted a license or permit as a public accountant valid under AS 08.04.661 deprives the individual, partnership, limited liability company, corporation, or other legal entity of the right to a license or permit or renewal of a license or permit unless the board determines that the failure is excusable. In case of excusable failure, the fee for a license or permit or renewal of a license or permit under this section may not exceed three times one year’s portion of the fee that would have otherwise been required for the license, permit, or renewal.

History. (§ 10(7) ch 187 SLA 1960; am § 13 ch 147 SLA 1976; am § 12 ch 82 SLA 1980; am § 8 ch 29 SLA 1996; am § 4 ch 66 SLA 1997; am § 28 ch 16 SLA 2006; am § 17 ch 67 SLA 2010)

Administrative Code. —

For continuing education, see 12 AAC 4, art. 6.

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, substituted “or a firm” for “, partnership, limited liability company, corporation, or other legal entity” following “Failure of an individual”, substituted “or firm” for “, partnership, limited liability company, corporation, or other legal entity” following “deprives the individual”, inserted “the department shall determine” following “excusable failure,”, deleted “may not exceed three times one year’s portion of the fee that would have otherwise been required for the license, permit, or renewal” at the end.

Sec. 08.04.440. Effect of failure to obtain license or permit.

Failure of an individual or a firm to apply for a required license or permit or to pay a required fee within (1) three years from the expiration date of the license or permit last obtained or renewed, or (2) three years from the date the person was granted a license or permit as a public accountant valid under AS 08.04.661 deprives the individual or firm of the right to a license or permit or renewal of a license or permit unless the board determines that the failure is excusable. In case of excusable failure, the department shall determine the fee for a license or permit or renewal of a license or permit under this section.

History. (§ 10(7) ch 187 SLA 1960; am § 13 ch 147 SLA 1976; am § 12 ch 82 SLA 1980; am § 8 ch 29 SLA 1996; am § 4 ch 66 SLA 1997; am § 28 ch 16 SLA 2006; am § 17 ch 67 SLA 2010; am § 20 ch 5 SLA 2022)

Sec. 08.04.450. Revocation or suspension of license, practice privilege, permit, or out-of-state exemption.

  1. In addition to its powers under AS 08.01.075 , the board may revoke, suspend, or refuse to renew a license, practice privilege, permit, or out-of-state exemption, or may censure a holder of a license, practice privilege, permit, or out-of-state exemption, for
    1. fraud or deceit in obtaining a license or permit required by this chapter;
    2. dishonesty or gross negligence in the practice of public accounting, or other acts discreditable to the accounting profession;
    3. violation of a provision of AS 08.04.500 08.04.610 or failure to take corrective action to comply with AS 08.04.240(i) within the time allowed under AS 08.04.240(j) ;
    4. violation of a rule of professional conduct or other regulation adopted by the board;
    5. conviction of a felony under the laws of any state or of the United States;
    6. conviction of any crime, an essential element of which is dishonesty or fraud, under the laws of any state or of the United States;
    7. cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or public accountant in any other state for any cause other than failure to pay a required fee;
    8. suspension or revocation of the right to practice before any state or federal agency;
    9. failure to satisfy the continuing education requirements prescribed by the board under AS 08.04.425 , except as conditioned, relaxed, or suspended by the board under AS 08.04.425(c) and (d);
    10. failure to satisfactorily complete a quality review requirement under AS 08.04.426 ; or
    11. committing an act in another state for which the holder of the license, practice privilege, permit, or out-of-state exemption would be subject to discipline in this or the other state.
  2. The board shall investigate a complaint made by the board of accountancy, or other regulatory body for the practice of accounting, of another state.

History. (§ 11(1) ch 187 SLA 1960; am § 14 ch 147 SLA 1976; am § 13 ch 62 SLA 1991; am § 5 ch 66 SLA 1997; am § 29 ch 16 SLA 2006; am § 4 ch 58 SLA 2010; am §§ 18, 19 ch 67 SLA 2010)

Cross references. —

For disciplinary powers of boards generally, see AS 08.01.075 .

Administrative Code. —

For requirements for license and license renewal, see 12 AAC 4, art. 3.

For disciplinary guidelines, see 12 AAC 4, art. 7.

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in (a), in the introductory language, substituted “or permit,” for “or out-of-state exemption, or” following “practice privilege,” and substituted “or may require a holder of a license, practice privilege, or permit to undergo a peer review under terms required by the board or satisfactorily complete continuing education, if the board finds” for “or out-of-state exemption, for” at the end, in (a)(10), substituted “comply with the peer” for “satisfactorily complete a quality” following “failure to”, in (a)(11), substituted “commission of an act” for “committing an act” at the beginning, deleted “, or out-of-state exemption” following “permit”, added (a)(12) through (15); added (c); made stylistic changes throughout.

Notes to Decisions

Cited in

Wendte v. State, 70 P.3d 1089 (Alaska 2003).

Collateral references. —

Cancellation or suspension irrespective of licensee’s personal fault, validity of statute or rule making specified conduct or condition the ground for, 3 ALR2d 107.

Plea of nolo contendere or non vult contendere, 89 ALR2d 606.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Disciplinary action against attorney or accountant for misconduct related to preparation of tax returns for others, 81 ALR3d 1140.

Sec. 08.04.450. Revocation or suspension of license, practice privilege, permit, or out-of-state exemption.

  1. In addition to its powers under AS 08.01.075 , the board may revoke, suspend, or refuse to renew a license, practice privilege, or permit, may censure a holder of a license, practice privilege, or permit, or may require a holder of a license, practice privilege, or permit to undergo a peer review under terms required by the board or satisfactorily complete continuing education, if the board finds
    1. fraud or deceit in obtaining a license or permit required by this chapter;
    2. dishonesty or gross negligence in the practice of public accounting, or other acts discreditable to the accounting profession;
    3. violation of a provision of AS 08.04.500 08.04.610 or failure to take corrective action to comply with AS 08.04.240(i) within the time allowed under AS 08.04.240(j) ;
    4. violation of a rule of professional conduct or other regulation adopted by the board;
    5. conviction of a felony under the laws of any state or of the United States;
    6. conviction of any crime, an essential element of which is dishonesty or fraud, under the laws of any state or of the United States;
    7. cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or public accountant in any other state for any cause other than failure to pay a required fee;
    8. suspension or revocation of the right to practice before any state or federal agency;
    9. failure to satisfy the continuing education requirements prescribed by the board under AS 08.04.425 , except as conditioned, relaxed, or suspended by the board under AS 08.04.425(c) and (d);
    10. failure to comply with the peer review requirement under AS 08.04.426 ;
    11. commission of an act in another state for which the holder of the license, practice privilege, or permit would be subject to discipline in this or the other state;
    12. dishonesty, fraud, deceit, or gross negligence by the holder of a license, practice privilege, or permit in the filing or failure to file the income tax returns of the holder of the license, practice privilege, or permit;
    13. violation of professional standards;
    14. performance of any fraudulent act while holding a license, practice privilege, or permit under this chapter; or
    15. a false or misleading statement or verification provided in support of the application of another person for a license or permit under this chapter.
  2. The board shall investigate a complaint made by the board of accountancy, or other regulatory body for the practice of accounting, of another state.
  3. The board may require the holder of a license, practice privilege, or permit who is disciplined under (a) of this section to bear the costs of the disciplinary proceedings.

History. (§ 11(1) ch 187 SLA 1960; am § 14 ch 147 SLA 1976; am § 13 ch 62 SLA 1991; am § 5 ch 66 SLA 1997; am § 29 ch 16 SLA 2006; am § 4 ch 58 SLA 2010; am §§ 18, 19 ch 67 SLA 2010; am § 21 ch 5 SLA 2022; am § 22 ch 5 SLA 2022)

Sec. 08.04.460. Suspension or revocation of license revokes permit. [Repealed, § 53 ch 16 SLA 2006.]

Sec. 08.04.470. Revocation of permit of partnership, limited liability company, corporation, or other legal entity.

The board shall revoke the permit of a partnership, limited liability company, corporation, or other legal entity if at any time it does not meet the qualifications prescribed by the sections of this chapter under which it qualified for the permit.

History. (§ 12(1) ch 187 SLA 1960; am § 15 ch 147 SLA 1976; am § 9 ch 29 SLA 1996; am § 30 ch 16 SLA 2006)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, rewrote the section, which read, “The board shall revoke the permit of a partnership, limited liability company, corporation, or other legal entity if at any time it does not meet the qualifications prescribed by the sections of this chapter under which it qualified for the permit”.

Sec. 08.04.470. Revocation ofa firmpermit.

The board shall revoke the permit of a firm if at any time the firm does not meet the qualifications prescribed by the sections of this chapter under which the firm qualified for the permit.

History. (§ 12(1) ch 187 SLA 1960; am § 15 ch 147 SLA 1976; am § 9 ch 29 SLA 1996; am § 30 ch 16 SLA 2006; am § 23 ch 5 SLA 2022)

Sec. 08.04.480. Grounds for censure of, or the revocation, suspension, or refusal to renew a permit for, a partnership, limited liability company, corporation, or other legal entity.

The board may revoke or suspend the permit of a partnership, limited liability company, corporation, or other legal entity, may revoke, suspend, or refuse to renew its permit, or may censure the partnership, limited liability company, corporation, or other legal entity for any of the causes enumerated in AS 08.04.450 or for any of the following additional causes:

  1. the revocation or suspension of the license or practice privilege of a partner, a member, a shareholder, or, if the permittee is a legal entity other than a partnership, corporation, or limited liability company, an owner of the permittee;
  2. the revocation, suspension, or refusal to renew the permit of a partner, a member, or a shareholder, or, if the permittee is a legal entity other than a partnership, corporation, or limited liability company, an owner of the permittee;
  3. the cancellation, revocation, suspension, or refusal to renew the authority of the partnership or any partner, the limited liability company or a member, the corporation or a shareholder, or the other legal entity to practice public accounting in another state for any cause other than failure to pay a required fee in that state.

History. (§ 12(2) ch 187 SLA 1960; am § 16 ch 147 SLA 1976; am § 10 ch 29 SLA 1996; am § 6 ch 66 SLA 1997; am § 31 ch 16 SLA 2006)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, rewrote the section, which read, “The board may revoke or suspend the permit of a partnership, limited liability company, corporation, or other legal entity, may revoke, suspend, or refuse to renew its permit, or may censure the partnership, limited liability company, corporation, or other legal entity for any of the causes enumerated in AS 08.04.450 or for any of the following additional causes: (1) the revocation or suspension of the license or practice privilege of a partner, a member, a shareholder, or, if the permittee is a legal entity other than a partnership, corporation, or limited liability company, an owner of the permittee; (2) The revocation, suspension, or refusal to renew the permit of a partner, a member, or a shareholder, or, if the permittee is a legal entity other than a partnership, corporation, or limited liability company, an owner of the permittee; (3) the cancellation, revocation, suspension, or refusal to renew the authority of the partnership or any partner, the limited liability company or a member, the corporation or a shareholder, or the other legal entity to practice public accounting in another state for any cause other than failure to pay a required fee in that state.”

Sec. 08.04.480. Grounds for censure of, or the revocation, suspension, or refusal to renew a permit for, afirm.

The board may revoke or suspend the permit of a firm, may revoke, suspend, or refuse to renew its permit, or may censure the firm for any of the causes enumerated in AS 08.04.450 or for any of the following additional causes:

  1. the revocation, suspension, or refusal to renew the license or practice privilege of an owner of a firm in this state or in another state;

the cancellation, revocation, suspension, or refusal to renew the permit or authority of the firm to practice public accounting in another state for any cause other than failure to pay a required fee in that state.

History. (§ 12(2) ch 187 SLA 1960; am § 16 ch 147 SLA 1976; am § 10 ch 29 SLA 1996; am § 6 ch 66 SLA 1997; am § 31 ch 16 SLA 2006; am § 24 ch 5 SLA 2022)

Sec. 08.04.490. Reinstatement.

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

History. (§ 14 ch 197 SLA 1960; am § 32 ch 16 SLA 2006; am § 20 ch 67 SLA 2010)

Sec. 08.04.495. Fees.

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

History. (§ 10 ch 37 SLA 1985; am § 33 ch 16 SLA 2006; am § 21 ch 67 SLA 2010)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Article 4. Unlawful Acts and Penalties.

Administrative Code. —

For disciplinary guidelines, see 12 AAC 04, art. 7.

Sec. 08.04.500. Individual posing as a certified public accountant.

  1. An individual may not assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the individual is a certified public accountant, unless the individual has received a license and all of the individual’s offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 08.04.380 .
  2. This section does not prohibit an individual in good standing in any state, including an individual acting as a sole practitioner in the individual’s home state, holding a practice privilege under AS 08.04.420 from using the title “certified public accountant” or another title allowed under (a) of this section.

History. (§ 15(1) ch 187 SLA 1960; am § 17 ch 147 SLA 1976; am § 5 ch 14 SLA 1987; am § 4 ch 62 SLA 1988; am § 34 ch 16 SLA 2006; am § 22 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in (a), substituted “AS 08.04.360 and 08.04.370 ” for “AS 08.04.360 08.04.380 ” at the end.

Sec. 08.04.500. Individual posing as a certified public accountant.

  1. An individual may not assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the individual is a certified public accountant, unless the individual has received a license and all of the individual’s offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 and 08.04.370 .
  2. This section does not prohibit an individual in good standing in any state, including an individual acting as a sole practitioner in the individual’s home state, holding a practice privilege under AS 08.04.420 from using the title “certified public accountant” or another title allowed under (a) of this section.

History. (§ 15(1) ch 187 SLA 1960; am § 17 ch 147 SLA 1976; am § 5 ch 14 SLA 1987; am § 4 ch 62 SLA 1988; am § 34 ch 16 SLA 2006; am § 22 ch 67 SLA 2010; am § 25 ch 5 SLA 2022)

Sec. 08.04.505. Issuance of reports.

Only a person who holds a valid license, practice privilege, permit, or out-of-state exemption may issue a report on financial statements of another person or governmental unit. This restriction does not apply to

  1. an officer, partner, member, or employee of a sole proprietorship, partnership, corporation, limited liability company, or other legal entity affixing that person’s signature to a statement or report in reference to the financial affairs of the sole proprietorship, partnership, corporation, limited liability company, or other legal entity with wording designating the position, title, or office that the person holds in the sole proprietorship, partnership, corporation, limited liability company, or other legal entity;
  2. an act of a public official or employee in the performance of official duties;
  3. the performance by persons of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on them.

History. (§ 14 ch 62 SLA 1991; am § 11 ch 29 SLA 1996; am § 35 ch 16 SLA 2006; am § 23 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in the introductory language, substituted “or permit may issue” for “permit, or out-of-state exemption” following “practice privilege,” and “report on behalf of” for “report on financial statements” following “issue a”; in (1), substituted “firm” for “sole proprietorship, partnership, corporation, limited liability company, or other legal entity” three times.

Sec. 08.04.505. Issuance of reports.

Only a person who holds a valid license, practice privilege, or permit may issue a report on behalf of another person or governmental unit. This restriction does not apply to

  1. an officer, partner, member, or employee of a firm affixing that person’s signature to a statement or report in reference to the financial affairs of the firm with wording designating the position, title, or office that the person holds in the firm;
  2. an act of a public official or employee in the performance of official duties;
  3. the performance by persons of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on them.

History. (§ 14 ch 62 SLA 1991; am § 11 ch 29 SLA 1996; am § 35 ch 16 SLA 2006; am § 23 ch 67 SLA 2010; am § 26 ch 5 SLA 2022)

Sec. 08.04.510. Partnership, limited liability company, corporation, or other legal entity posing as a certified public accountant.

  1. A partnership, limited liability company, corporation, or other legal entity may not assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that it is composed of certified public accountants, unless the partnership, limited liability company, corporation, or other legal entity holds a permit or an out-of-state exemption and is engaging in the practice of public accounting under the name on its permit, and its offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 08.04.380 .
  2. A partnership, limited liability company, corporation, or other legal entity consisting of certified public accountants in good standing in any state, that does not have a permit as a partnership, limited liability company, corporation, or other legal entity consisting of certified public accountants under AS 08.04.240 but holds a permit under AS 08.04.421 or out-of-state exemption, may use the title or designation “certified public accountants” or another title permitted under (a) of this section.

History. (§ 15(2) ch 187 SLA 1960; am § 18 ch 147 SLA 1976; am § 6 ch 14 SLA 1987; am § 5 ch 62 SLA 1988; am § 12 ch 29 SLA 1996; am § 36 ch 16 SLA 2006; am § 24 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in (a), twice substituted “firm” for “partnership, limited liability company, corporation, or other legal entity”, deleted “or an out-of-state exemption” following “holds a permit”, deleted “, and its offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 08.04.380 ” at the end; repealed (b).

Sec. 08.04.510. Partnership, limited liability company, corporation, or other legal entity posing as a certified public accountant.

  1. A firm may not assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that it is composed of certified public accountants, unless the firm holds a permit and is engaging in the practice of public accounting under the name on its permit.
  2. [Repealed, § 44 ch 5 SLA 2022.]

History. (§ 15(2) ch 187 SLA 1960; am § 18 ch 147 SLA 1976; am § 6 ch 14 SLA 1987; am § 5 ch 62 SLA 1988; am § 12 ch 29 SLA 1996; am § 36 ch 16 SLA 2006; am § 24 ch 67 SLA 2010; am § 27 ch 5 SLA 2022; am § 44 ch 5 SLA 2022)

Sec. 08.04.520. Individual posing as public accountant.

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

History. (§ 15(3) ch 187 SLA 1960; am § 6 ch 62 SLA 1988; am § 37 ch 16 SLA 2006; am § 25 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, substituted “AS 08.04.360 and 08.04.370 ” for “AS 08.04.360 08.04.380 ” at the end.

Sec. 08.04.520. Individual posing as public accountant.

An individual may not assume or use the title or designation “public accountant” or the abbreviation “PA” or other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the individual is a public accountant, unless the individual holds a current license or practice privilege and the individual’s offices in this state for the practice of public accounting are maintained as required by AS 08.04.360 and 08.04.370 .

History. (§ 15(3) ch 187 SLA 1960; am § 6 ch 62 SLA 1988; am § 37 ch 16 SLA 2006; am § 25 ch 67 SLA 2010; am § 28 ch 5 SLA 2022)

Sec. 08.04.530. Partnership, limited liability company, or corporation posing as public accountant.

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

History. (§ 15(4) ch 187 SLA 1960; am § 19 ch 147 SLA 1976; am § 7 ch 62 SLA 1988; am § 13 ch 29 SLA 1996; am § 38 ch 16 SLA 2006; am § 26 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, substituted “firm” for “partnership, limited liability company, corporation, or other legal entity” three times, deleted “or out-of-state exemption, and, if it has a permit” following “a current permit”, and substituted “AS 08.04.360 and 08.04.370 ” for “AS 08.04.360 08.04.380 ” at the end.

Sec. 08.04.530. Firm posing as public accountant.

A firm may not assume or use the designation “public accountant” or the abbreviation “PA” or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants, unless the firm holds a current permit, is practicing under the name on its permit, and its office in this state for the practice of public accounting is maintained as required by AS 08.04.360 and 08.04.370 .

History. (§ 15(4) ch 187 SLA 1960; am § 19 ch 147 SLA 1976; am § 7 ch 62 SLA 1988; am § 13 ch 29 SLA 1996; am § 38 ch 16 SLA 2006; am § 26 ch 67 SLA 2010; am § 29 ch 5 SLA 2022)

Sec. 08.04.540. Use of deceptive title or abbreviation.

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

History. (§ 15(5) ch 187 SLA 1960; am § 20 ch 147 SLA 1976; am § 8 ch 62 SLA 1988; am § 14 ch 29 SLA 1996; am § 2 ch 12 SLA 1997; am § 39 ch 16 SLA 2006; am § 27 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7,2022, in the first sentence, substituted “or firm” for “, partnership, limited liability company, corporation, or other legal entity” near the beginning. In the second sentence, deleted “, partnership, limited liability company, corporation” near the beginning, substituted “or firm” for “or other legal entity, deleted “or an out-of-state exemption” following “permit,”, substituted “AS 08.04.360 and 08.04.370 ” for “AS 08.04.360 08.04.380 ”, and made related changes.

Sec. 08.04.540. Use of deceptive title or abbreviation.

An individual or firm may not assume or use the title or designation “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “C,” “EA,” “LA,” “RA,” or similar abbreviations likely to be confused with “CPA” or “PA” except that “EA” may be used to the extent that it relates to the term “enrolled agent” as defined by the federal Internal Revenue Service. However, an individual or firm holding a current license, permit, or practice privilege and whose offices in this state for the practice of public accounting, if any, are maintained as required by AS 08.04.360 and 08.04.370 may hold out to the public as an accountant or auditor.

History. (§ 15(5) ch 187 SLA 1960; am § 20 ch 147 SLA 1976; am § 8 ch 62 SLA 1988; am § 14 ch 29 SLA 1996; am § 2 ch 12 SLA 1997; am § 39 ch 16 SLA 2006; am § 27 ch 67 SLA 2010; am § 30 ch 5 SLA 2022)

Sec. 08.04.550. Corporation may not assume title. [Repealed, § 21 ch 147 SLA 1976. For current law, see AS 08.04.540.]

Sec. 08.04.560. Individual may not assume title.

An individual may not sign or affix any name or any trade or assumed name used by that individual to any accounting or financial statement or opinion or report on any accounting or financial statement with any wording indicating that the person is a certified public accountant or public accountant or with any wording indicating that the person has expert knowledge in accounting or auditing, unless the individual holds a current license or practice privilege and the individual’s offices in this state, if any, for the practice of public accounting are maintained as required by AS 08.04.360 08.04.380 .

History. (§ 15(7) ch 187 SLA 1960; am § 9 ch 62 SLA 1988; am § 40 ch 16 SLA 2006; am § 28 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, deleted “on any accounting or financial statement” following “or opinion or report”, and deleted “and the individual’s offices in this state, if any, for the practice of public accounting are maintained as required by AS 08.04.360 08.04.380 ” at the end.

Sec. 08.04.560. Individual may not assume title.

An individual may not sign or affix any name or any trade or assumed name used by that individual to any accounting or financial statement or opinion or report with any wording indicating that the person is a certified public accountant or public accountant or with any wording indicating that the person has expert knowledge in accounting or auditing, unless the individual holds a current license or practice privilege.

History. (§ 15(7) ch 187 SLA 1960; am § 9 ch 62 SLA 1988; am § 40 ch 16 SLA 2006; am § 28 ch 67 SLA 2010; am § 31 ch 5 SLA 2022)

Sec. 08.04.565. Prohibited acts.

An individual licensed under AS 08.04.105 may not perform attest functions through a partnership, limited liability company, corporation, or other business entity unless the partnership, limited liability company, corporation, or other business entity holds a valid permit issued under AS 08.04.240 .

History. (§ 4 ch 74 SLA 2018)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, twice substituted “firm” for “partnership, limited liability company, corporation, or other business entity”.

Effective dates. —

Section 4, ch. 74, SLA 2018, which enacted this section, took effect on October 31, 2018.

Sec. 08.04.565. Prohibited acts.

An individual licensed under AS 08.04.105 may not perform attest functions through a firm unless the firm holds a valid permit issued under AS 08.04.240 .

History. (§ 4 ch 74 SLA 2018; am § 32 ch 5 SLA 2022)

Sec. 08.04.570. Acts not prohibited.

AS 08.04.560 does not prohibit

  1. an officer, employee, partner, member, or principal of any organization from affixing that person’s signature to any statement or report in reference to the financial affairs of the organization together with any wording designating the position, title, or office which that person holds;
  2. an act of a public official or public employee in the performance of that person’s duties;
  3. a person maintaining a bookkeeping or tax service from affixing that person’s signature to any record, statement, or report maintained or prepared by the person.

History. (§ 15(7) ch 187 SLA 1960; am § 15 ch 29 SLA 1996)

Sec. 08.04.580. Partnership posing as accountants or auditors.

History. [Repealed, § 9 ch 74 SLA 2018.]

Sec. 08.04.590. Use of title with corporate name.

History. [Repealed, § 9 ch 74 SLA 2018.]

Sec. 08.04.595. Use of title with limited liability company name.

History. [Repealed, § 9 ch 74 SLA 2018.]

Sec. 08.04.598. Use of title with name of other legal entity.

History. [Repealed, § 9 ch 74 SLA 2018.]

Sec. 08.04.600. Disclosure of lack of license or permit.

An individual, partnership, limited liability company, corporation, or other entity that does not hold a current license, a current practice privilege, a current permit, or a current out-of-state exemption, may not hold out to the public as a certified public accountant or public accountant by use of such words or abbreviations on any sign, card, or letterhead, or in any advertisement or directory, without indicating that the individual, partnership, limited liability company, corporation, or other entity does not hold a current license, a current practice privilege, or a current permit. This section does not prohibit

  1. an officer, employee, partner, member, or principal of an organization from self-description through the position, title, or office that the person holds in the organization;
  2. an act of a public official or public employee in the performance of that individual’s duties; or
  3. a person from maintaining a bookkeeping or tax service.

History. (§ 15(10) ch 187 SLA 1960; am § 23 ch 147 SLA 1976; am § 17 ch 29 SLA 1996; am § 45 ch 16 SLA 2006; am § 33 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in the introductory language, twice substituted “individual or firm” for “individual, partnership, limited liability company, corporation, or other entity”, deleted “or a current out-of-state exemption,” following “a current permit, and made related and stylistic changes.

Sec. 08.04.600. Disclosure of lack of license or permit.

An individual or firm that does not hold a current license, a current practice privilege, or a current permit may not hold out to the public as a certified public accountant or public accountant by use of those words or abbreviations on any sign, card, or letterhead, or in any advertisement or directory, without indicating that the individual or firm does not hold a current license, a current practice privilege, or a current permit. This section does not prohibit

  1. an officer, employee, partner, member, or principal of an organization from self-description through the position, title, or office that the person holds in the organization;
  2. an act of a public official or public employee in the performance of that individual’s duties; or
  3. a person from maintaining a bookkeeping or tax service.

History. (§ 15(10) ch 187 SLA 1960; am § 23 ch 147 SLA 1976; am § 17 ch 29 SLA 1996; am § 45 ch 16 SLA 2006; am § 33 ch 67 SLA 2010; am § 33 ch 5 SLA 2022)

Sec. 08.04.610. Deceptive use of title or designation by partnership, limited liability company, corporation, or other legal entity.

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

History. (§ 15(11) ch 187 SLA 1960; am § 24 ch 147 SLA 1976; am § 18 ch 29 SLA 1996; am § 46 ch 16 SLA 2006; am § 34 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, twice substituted “firm” for “partnership, limited liability company, corporation, or other entity”, deleted “, or a current out-of-state exemption” following “under that name, and made related and stylistic changes.

Sec. 08.04.610. Deceptive use of title or designation byfirm.

A person may not assume or use the title or designation “certified public accountant” or “public accountant” or an abbreviation of them in conjunction with a name indicating or implying that there is a firm, or in conjunction with the designation “and Company,” “and Co.,” “L.L.C.,” “LLC,” “Ltd.,” or any similar designation, unless there is a bona fide firm holding a permit issued under that name. However, a sole proprietor or partnership lawfully using the title or designation “certified public accountant” or “public accountant” or an abbreviation of them in conjunction with those names or designation on April 26, 1960, may continue to do so if the person or partnership otherwise complies with this chapter.

History. (§ 15(11) ch 187 SLA 1960; am § 24 ch 147 SLA 1976; am § 18 ch 29 SLA 1996; am § 46 ch 16 SLA 2006; am § 34 ch 67 SLA 2010; am § 34 ch 5 SLA 2022)

Sec. 08.04.620. Exceptions.

This chapter does not prohibit

  1. an individual who does not hold a current license or practice privilege from serving as an employee of or as an assistant to an individual, partnership, limited liability company, corporation, or other legal entity holding a current license, a current practice privilege, a current permit, or a current out-of-state exemption so long as the employee or assistant does not use the employee’s or the assistant’s name in connection with an accounting or financial statement;
  2. an individual who holds a valid license or equivalent authorization in another state from indicating that the individual is entitled to use the title “certified public accountant,” but the individual may not indicate that services are available to the public unless the individual holds a current license or practice privilege issued under this chapter;
  3. a holder of a certificate, license, or degree from a foreign country that constitutes a recognized qualification for the practice of public accounting in that country from indicating that the person holds the certificate, license, or degree, but the person may not indicate that the person’s services are available to the public unless the person holds a current license, practice privilege, permit, or out-of-state exemption under this chapter.

History. (§ 16 ch 187 SLA 1960; am § 25 ch 147 SLA 1976; am § 19 ch 29 SLA 1996; am § 47 ch 16 SLA 2006; am § 35 ch 67 SLA 2010)

Effect of amendments. —

The 2022 amendment, effective September 7, 2022, in (1), substituted “individual or firm” for “individual, partnership, limited liability company, corporation, or other legal entity” following “assistant to an”, substituted “permit if” for “permit, or a current out-of-state exemption so long as” following “a current”, rewrote (3), which read, “a holder of a certificate, license, or degree from a foreign country that constitutes a recognized qualification for the practice of public accounting in that country from indicating that the person holds the certificate, license, or degree, but the person may not indicate that the person’s services are available to the public unless the person holds a current license, practice privilege, permit, or out-or-state exemption under this chapter”, and made related and stylistic changes.

Sec. 08.04.620. Exceptions.

This chapter does not prohibit

  1. an individual who does not hold a current license or practice privilege from serving as an employee of or as an assistant to an individual or firm holding a current license, a current practice privilege, or a current permit if the employee or assistant does not use the employee’s or assistant’s name in connection with an accounting or financial statement;
  2. an individual who holds a valid license or equivalent authorization in another state from indicating that the individual is entitled to use the title “certified public accountant,” but the individual may not indicate that services are available to the public unless the individual holds a current license or practice privilege issued under this chapter;
  3. a holder of a certificate, license, or degree from a foreign country that entitles the holder to practice public accounting or the equivalent in the foreign country from providing professional services to the government of the country issuing the license, a business whose principal office is located in the foreign country, or a person who is a resident of the foreign country, if the holder of the certificate, license, or degree issued by the foreign country does not perform attest functions, or issue a report regarding an individual, firm, or government of the state, and uses only the title or designation permitted under the certificate, license, or degree issued by the foreign country followed by an English translation.

History. (§ 16 ch 187 SLA 1960; am § 25 ch 147 SLA 1976; am § 19 ch 29 SLA 1996; am § 47 ch 16 SLA 2006; am § 35 ch 67 SLA 2010; am § 35 ch 5 SLA 2022)

Sec. 08.04.630. Injunction against unlawful act.

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

History. (§ 17 ch 187 SLA 1960; am § 3 ch 70 SLA 1964)

Collateral references. —

Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices. 90 ALR2d 7.

Recovery back of money paid to unlicensed person required by law to have occupation or business license or permit to make contract. 74 ALR3d 637.

Sec. 08.04.640. Penalty.

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

History. (§ 18 ch 187 SLA 1960; am § 48 ch 16 SLA 2006)

Sec. 08.04.650. Single act evidence of practice.

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

History. (§ 18 ch 187 SLA 1960)

Article 5. Miscellaneous Provisions.

Sec. 08.04.660. Ownership of accountant’s working papers.

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

History. (§ 20 ch 187 SLA 1960; am § 49 ch 16 SLA 2006)

Collateral references. —

Right of accountant to lien upon client’s books and records in former’s possession, 76 ALR2d 1322.

Ownership of, and literary property in, working papers and date of accountant, 90 ALR2d 784.

Privilege against self-incrimination as ground for refusal to produce noncorporate documents in possession of person asserting privilege but owned by another, 37 ALR3d 1373.

Self-incrimination with respect to production of partnership books or records, 17 ALR4th 1039.

Sec. 08.04.661. Previous licensure.

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

History. (§ 8 ch 82 SLA 1980; am § 50 ch 16 SLA 2006)

Revisor’s notes. —

Enacted as AS 08.04.345. Renumbered in 1980.

Sec. 08.04.662. Confidential communications.

  1. A license holder, a permit holder, a practice privilege holder, an out-of-state exemption holder, or a partner, an officer, a shareholder, a member, or an employee of a license holder, a permit holder, an out-of-state exemption holder, or a practice privilege holder may not reveal information communicated to the license holder, permit holder, out-of-state exemption holder, or practice privilege holder by a client about a matter concerning which the client has employed the license holder, permit holder, out-of-state exemption holder, or practice privilege holder in a professional capacity. This section does not apply to
    1. information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements;
    2. the release of information the client has authorized the license holder, permit holder, out-of-state exemption holder, or practice privilege holder to reveal;
    3. information revealed as part of the discovery of evidence related to a court or administrative proceeding or introduced in evidence in a court or administrative proceeding;
    4. information revealed in ethical investigations conducted by private professional organizations;
    5. information revealed in the course of a quality review under AS 08.04.426 ; or
    6. information disclosed
      1. under applicable state or federal laws or regulations; or
      2. as required by the Public Company Accounting Oversight Board.
  2. Client information obtained by the board under (a)(3) — (6) of this section is confidential and is not a public record for purposes of AS 40.25.110 40.25.140 .

History. (§ 17 ch 62 SLA 1991; am § 20 ch 29 SLA 1996; am § 51 ch 16 SLA 2006; am § 36 ch 67 SLA 2010; am § 5 ch 74 SLA 2018)

Revisor’s notes. —

In 2000, “AS 40.25.110 40.25.140 ” was substituted for “AS 09.25.110 — 09.25.140 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.140 .

Effect of amendments. —

The 2018 amendment, effective October 31, 2018, added (a)(6), and made related changes; in (b), substituted “(a)(3) – (6)” for “(a)(3) – (5)” following “by the board under”.

The 2022 amendment, effective September 7, 2022, throughout the section, deleted “, an out-of-state exemption holder”, or similar, following “holder”, and made a related change; in (5) substituted “peer review” for “quality review” following “course of a”.

Sec. 08.04.662. Confidential communications.

  1. A license holder, a permit holder, or a practice privilege holder or a partner, an officer, a shareholder, a member, or an employee of a license holder, a permit holder, or a practice privilege holder may not reveal information communicated to the license holder, permit holder or practice privilege holder by a client about a matter concerning which the client has employed the license holder, permit holder, or practice privilege holder in a professional capacity. This section does not apply to
    1. information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements;
    2. the release of information the client has authorized the license holder, permit holder, or practice privilege holder to reveal;
    3. information revealed as part of the discovery of evidence related to a court or administrative proceeding or introduced in evidence in a court or administrative proceeding;
    4. information revealed in ethical investigations conducted by private professional organizations;
    5. information revealed in the course of a peer review under AS 08.04.426 ; or
    6. information disclosed
      1. under applicable state or federal laws or regulations; or
      2. as required by the Public Company Accounting Oversight Board.
  2. Client information obtained by the board under (a)(3) — (6) of this section is confidential and is not a public record for purposes of AS 40.25.110 40.25.140 .

History. (§ 17 ch 62 SLA 1991; am § 20 ch 29 SLA 1996; am § 51 ch 16 SLA 2006; am § 36 ch 67 SLA 2010; am § 5 ch 74 SLA 2018; am § 36 ch 5 SLA 2022)

Sec. 08.04.670. Construction.

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

History. (§ 22 ch 187 SLA 1960)

Article 6. General Provisions.

Sec. 08.04.680. Definitions.

In this chapter, unless the context indicates otherwise,

  1. “attest function” means
    1. an audit or other engagement, if the performance of the audit or other engagement is established by the Statements on Auditing Standards;
    2. a review of a financial statement, if the performance of the review is established by the Statements on Standards for Accounting and Review Services;
    3. an examination of prospective financial information, if the performance of the examination is established by the Statements on Standards for Attestation Engagements;
    4. an engagement, if the performance of the engagement is established by the Auditing Standards of the Public Company Accounting Oversight Board; or
    5. any examination, review, or agreed upon procedure to be performed in accordance with the standards on attestation engagements as
      1. developed by national accountancy organizations, including the American Institute of Certified Public Accountants and the Public Company Accounting Oversight Board; and
      2. adopted by the board in regulation;
  2. “board” means the Board of Public Accountancy;
  3. “certificate” means a certificate granted under AS 08.04.100 ;
  4. “compilation service” means a service that
    1. is performed as established by the Statements on Standards for Accounting and Review Services; and
    2. presents, in the form of financial statements, information that is the representation of management, but does not express an assurance on the statements;
  5. “department” means the Department of Commerce, Community, and Economic Development;
  6. “designated function” means
    1. an audit or other engagement, if the performance of the audit or other engagement is established by the Statements on Auditing Standards;
    2. an examination of prospective financial information, if the performance of the examination is established by the Statements on Standards for Attestation Engagements; or
    3. an engagement, if the performance of the engagement is established by the Auditing Standards of the Public Company Accounting Oversight Board;
  7. “home office” means the location specified by the client as the address to which an attest function service or a compilation service is directed;
  8. “legal entity” means an organization that can organize as a legal person under the laws of this state;
  9. “license” means a license issued under AS 08.04.105 or 08.04.195 ;
  10. “limited liability company” means an organization organized under AS 10.50 or a foreign limited liability company; in this paragraph, “foreign limited liability company” has the meaning given in AS 10.50.990 ;
  11. “member” means a person who has been admitted to membership in a limited liability company;
  12. “out-of-state exemption” means the exemption provided under AS 08.04.421(b) or (c);
  13. “partnership” means a general partnership, a limited partnership, a limited liability partnership, or another form of partnership;
  14. “permit” means a permit issued under AS 08.04.240 or 08.04.421(a) ;
  15. “practice of public accounting” means the offering to perform or the performance as a person holding a license, practice privilege, or permit under this chapter of a service involving the use of accounting or auditing skills; in this paragraph, “accounting or auditing skills” includes preparing financial statements, issuing reports on financial statements, furnishing management services, furnishing financial advisory services, providing consulting services, preparing tax returns, advising on tax matters, or consulting on tax matters;
  16. “practice privilege” means a practice privilege authorized under AS 08.04.420 ;
  17. “principal place of business” means the office location designated by an individual for the purposes of substantial equivalency and reciprocity;
  18. “quality review” means a study, appraisal, or review of one or more aspects of the professional work of a person in the practice of public accounting, by a person who holds a certificate and who is not affiliated with the person being reviewed, conducted as prescribed under AS 08.04.426 ;
  19. “report,” when used with reference to an attest or compilation service,
    1. means
      1. an opinion, report, or other form of language that states or implies assurance as to the reliability of financial statements and that also contains or is accompanied by a statement or implication that the person issuing it has special knowledge or competency in accounting or auditing, which may arise from use by the issuer of the report of names or titles indicating that the issuer is a certified public accountant or auditor, or from the language of the report itself;
      2. any form of language that disclaims an opinion when the form of the language is conventionally understood to imply a positive assurance as to the reliability of the financial statements referred to or special competence on the part of the person issuing the language;
      3. any other form of language that is conventionally understood to imply that assurance or special knowledge or competence;
    2. does not include
      1. a compilation of financial statement language that does not express or imply assurance or special knowledge or competence; or
      2. the following disclaimer language when used by a person without a license, a practice privilege, or an out-of-state exemption in connection with financial statements:
  20. “state” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.

“I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing, in the form of financial statements, information that is the representation of management (owners).”; or

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

History. (§ 21 ch 187 SLA 1960; am §§ 13, 14 ch 82 SLA 1980; am § 4 ch 59 SLA 1982; am § 7 ch 14 SLA 1987; am § 18 ch 62 SLA 1991; am § 21 ch 29 SLA 1996; am § 52 ch 16 SLA 2006; am §§ 37 — 41 ch 67 SLA 2010; am §§ 6 – 8 ch 74 SLA 2018)

Revisor’s notes. —

The paragraphs of this section were renumbered in 1996 and 2010 to maintain alphabetical order.

Effect of amendments. —

The 2018 amendment, effective October 31, 2018, added (1)(E), and made related changes; in (19), added “an attest or compilation service” at the end of the introductory language, in (19)(A)(i), substituted “, which may arise” for “; a statement or implication of special knowledge or competence”, in (19)(A)(ii), deleted “except as provided in this paragraph, “report” includes” at the beginning, in (19)(A)(iii), deleted “and “report” includes” at the beginning, in (19)(B), deleted “’report’” at the beginning, and made related and stylistic changes; in (20), inserted “the Northern Mariana Islands” following “Puerto Rico,”, and “United States” preceding “Virgin Islands”.

The 2022 amendment, effective September 7, 2022, in (1)(E), inserted “, other than an examination described in (C) of this paragraph” following “any examination” and deleted “to be” following “procedure”; rewrote (4), which read, “ ‘compilation service’ means a service that (A) is performed as established by the Statements on Standards for Accounting and Review Services; and (B) presents, in the form of financial statements, information that is the representation of management, but does not express an assurance on the statements;”; repealed (6), (7), and (12); in (14), deleted “or 08.04.421(a)” at the end; in (15), deleted “on financial statements” following “issuing reports”; repealed (18); in (19), in the introductory language, inserted “function” following “attest”, in (19)(A)(i) and (ii) inserted “the attested information or complied” following “reliability of”, or similar, in (19)(B)(ii), deleted “, or an out-of-state exemption” following “practice privilege” and made related and stylistic changes; in (20), inserted “Commonwealth of the” preceding “Northern Mariana Islands”; added (21) through (23).

Sec. 08.04.680. Definitions.

In this chapter, unless the context indicates otherwise,

  1. “attest function” means
    1. an audit or other engagement, if the performance of the audit or other engagement is established by the Statements on Auditing Standards;
    2. a review of a financial statement, if the performance of the review is established by the Statements on Standards for Accounting and Review Services;
    3. an examination of prospective financial information, if the performance of the examination is established by the Statements on Standards for Attestation Engagements;
    4. an engagement, if the performance of the engagement is established by the Auditing Standards of the Public Company Accounting Oversight Board; or
    5. any examination, other than an examination described in (C) of this paragraph, review, or agreed upon procedure performed in accordance with the standards on attestation engagements as
      1. developed by national accountancy organizations, including the American Institute of Certified Public Accountants and the Public Company Accounting Oversight Board; and
      2. adopted by the board in regulation;
  2. “board” means the Board of Public Accountancy;
  3. “certificate” means a certificate granted under AS 08.04.100 ;
  4. “compilation service” means a service of any compilation engagement performed in accordance with the Statements on Standards for Accounting and Review Services;
  5. “department” means the Department of Commerce, Community, and Economic Development;
  6. [Repealed, § 44 ch 5 SLA 2022.]
  7. [Repealed, § 44 ch 5 SLA 2022.]
  8. “legal entity” means an organization that can organize as a legal person under the laws of this state;
  9. “license” means a license issued under AS 08.04.105 or 08.04.195 ;
  10. “limited liability company” means an organization organized under AS 10.50 or a foreign limited liability company; in this paragraph, “foreign limited liability company” has the meaning given in AS 10.50.990 ;
  11. “member” means a person who has been admitted to membership in a limited liability company;
  12. [Repealed, § 44 ch 5 SLA 2022.]
  13. “partnership” means a general partnership, a limited partnership, a limited liability partnership, or another form of partnership;
  14. “permit” means a permit issued under AS 08.04.240 ;
  15. “practice of public accounting” means the offering to perform or the performance as a person holding a license, practice privilege, or permit under this chapter of a service involving the use of accounting or auditing skills; in this paragraph, “accounting or auditing skills” includes preparing financial statements, issuing reports, furnishing management services, furnishing financial advisory services, providing consulting services, preparing tax returns, advising on tax matters, or consulting on tax matters;
  16. “practice privilege” means a practice privilege authorized under AS 08.04.420 ;
  17. “principal place of business” means the office location designated by an individual for the purposes of substantial equivalency and reciprocity;
  18. [Repealed, § 44 ch 5 SLA 2022.]
  19. “report,” when used with reference to an attest function or compilation service,
    1. means
      1. an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also contains or is accompanied by a statement or implication that the person issuing it has special knowledge or competency in accounting or auditing, which may arise from use by the issuer of the report of names or titles indicating that the issuer is a certified public accountant or auditor, or from the language of the report itself;
      2. any form of language that disclaims an opinion when the form of the language is conventionally understood to imply a positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person issuing the language;
      3. any other form of language that is conventionally understood to imply that assurance or special knowledge or competence;
    2. does not include
      1. a compilation of financial statement language that does not express or imply assurance or special knowledge or competence; or
      2. the following disclaimer language when used by a person without a license or practice privilege in connection with financial statements:
  20. “state” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.
  21. “firm” means a sole proprietorship, partnership, limited liability company, corporation, or other legal entity;
  22. “peer review” means a study, appraisal, or review of one or more aspects of the professional work of a person in the practice of public accounting who issues attests conducted as prescribed under AS 08.04.426 by a person who holds a certificate and who is not affiliated with the person being reviewed;
  23. “preparation of financial statements” means providing a service of any preparation of financial statements engagement to be performed in accordance with the Statements on Standards for Accounting and Review Services.

“I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing, in the form of financial statements, information that is the representation of management (owners).”; or

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

History. (§ 21 ch 187 SLA 1960; am §§ 13, 14 ch 82 SLA 1980; am § 4 ch 59 SLA 1982; am § 7 ch 14 SLA 1987; am § 18 ch 62 SLA 1991; am § 21 ch 29 SLA 1996; am § 52 ch 16 SLA 2006; am §§ 37 — 41 ch 67 SLA 2010; am §§ 6 – 8 ch 74 SLA 2018; am §§ 37 – 44 ch 5 SLA 2022)

Sec. 08.04.690. Short title.

This chapter may be cited as the Accountancy Act.

History. (§ 1 ch 167 SLA 1960; am § 5 ch 127 SLA 1974; am § 26 ch 147 SLA 1976)

Chapter 06. Acupuncture.

Cross references. —

For legislative purpose in enacting this chapter, see § 1, ch. 6, SLA 1990.

For provisions relating to needle stick and sharps injury protections, see AS 18.60.880 18.60.890 .

Administrative Code. —

For acupuncture, see 12 AAC 05.

Collateral references. —

Acupuncture as illegal practice of medicine, 72 ALR3d 1257.

Sec. 08.06.010. Practice of acupuncture without license prohibited.

A person may not practice acupuncture without a license.

History. (§ 2 ch 6 SLA 1990)

Sec. 08.06.020. Application for license.

A person desiring to practice acupuncture shall apply in writing to the department.

History. (§ 2 ch 6 SLA 1990)

Administrative Code. —

For licensing, see 12 AAC 5, art. 1.

Sec. 08.06.030. License to practice acupuncture.

  1. A person is qualified to receive a license to practice acupuncture if the person
    1. is of good moral character;
    2. is at least 21 years of age;
    3. either
      1. has completed a course of study consistent with the core curriculum and guidelines of the Accreditation Commission for Acupuncture and Oriental Medicine at a school of acupuncture approved by the department; or
      2. is licensed to practice acupuncture in another jurisdiction that has acupuncture licensing requirements equivalent to those of this state;
    4. is qualified for certification by the National Certification Commission for Acupuncture and Oriental Medicine as a diplomate in acupuncture;
    5. does not have a disciplinary proceeding or unresolved complaint pending at the time of application; and
    6. has not had a license to practice acupuncture suspended or revoked in this state or in another jurisdiction.
  2. The department shall issue a license to practice acupuncture to each person who is qualified and who pays the appropriate fee.
  3. Each person licensed to practice acupuncture under this chapter shall display the license in a conspicuous place where the licensee practices.

History. (§ 2 ch 6 SLA 1990; am § 7 ch 23 SLA 1995; am § 9 ch 21 SLA 2000)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For licensing, see 12 AAC 5, art. 1.

Sec. 08.06.040. Renewal of license.

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

History. (§ 2 ch 6 SLA 1990; am § 6 ch 129 SLA 1992)

Administrative Code. —

For license renewal and continuing competency, see 12 AAC 5, art. 2.

Sec. 08.06.050. Disclosure.

  1. A person who practices acupuncture shall disclose that the person’s training and practice are in acupuncture
    1. to each patient; and
    2. on all material used in the practice of acupuncture and made available to patients or to the public.
  2. A person who practices acupuncture without being covered by malpractice insurance shall disclose to each patient that the person does not have the insurance.

History. (§ 2 ch 6 SLA 1990)

Administrative Code. —

For practice standards, see 12 AAC 5, art. 3.

Sec. 08.06.060. Restrictions on practice of acupuncture.

A person who practices acupuncture may not

  1. give, prescribe, or recommend in the practice a
    1. prescription drug;
    2. controlled substance;
    3. poison;
  2. engage in surgery; or
  3. use the word “physician” in the person’s title unless the person is also licensed as a physician.

History. (§ 2 ch 6 SLA 1990)

Sec. 08.06.070. Grounds for imposition of disciplinary sanctions.

After a hearing, the department may impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee

  1. secured a license through deceit, fraud, or intentional misrepresentation;
  2. engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
  3. advertised professional services in a false or misleading manner;
  4. has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;
  5. intentionally or negligently engaged in patient care, or permitted the performance of patient care by persons under the licensee’s supervision, that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;
  6. failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;
  7. continued to practice after becoming unfit due to
    1. professional incompetence;
    2. failure to keep informed of current professional practices;
    3. addiction to or severe dependency on alcohol or other drugs that impairs the ability to practice safely;
    4. physical or mental disability; or
  8. engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.

History. (§ 2 ch 6 SLA 1990)

Sec. 08.06.080. Exemption.

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

History. (§ 2 ch 6 SLA 1990)

Sec. 08.06.090. Penalty.

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

History. (§ 2 ch 6 SLA 1990)

Cross references. — For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 08.06.100. Regulations.

The department may adopt regulations to implement this chapter, including regulations establishing

  1. standards for the practice of acupuncture;
  2. standards for continuing education and training;
  3. a code of ethics for the practice of acupuncture.

History. (§ 2 ch 6 SLA 1990)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For licensing, see 12 AAC 5, art. 1.

For license renewal and continuing competency, see 12 AAC 5, art. 2.

For practice standards, see 12 AAC 5, art. 3.

Sec. 08.06.190. Definitions.

In this chapter,

  1. “acupuncture” means a form of healing developed from traditional Chinese medical concepts that uses the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions;
  2. “department” means the Department of Commerce, Community, and Economic Development;
  3. “practice of acupuncture” means the insertion of sterile acupuncture needles and the application of moxibustion to specific areas of the human body based upon acupuncture diagnosis; the practice of acupuncture includes adjunctive therapies involving mechanical, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and therapeutic exercise.

History. (§ 2 ch 6 SLA 1990)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in paragraph (2), in accordance with § 3, ch. 47, SLA 2004.

Chapter 07. Athletic Trainers.

Effective dates. —

Section 8, ch. 36, SLA 2014 makes this chapter effective July 1, 2015.

Sec. 08.07.010. License required.

  1. An individual may not practice or offer to practice athletic training, or allow another person to offer athletic training by the individual, in the state without being licensed under this chapter, unless the individual is
    1. a student in an accredited athletic trainer program who is practicing athletic training under the supervision of an athletic trainer or a person licensed to practice medicine or osteopathy under AS 08.64;
    2. licensed, certified, or registered as an athletic trainer in another state and is present in the state for not more than 90 days in a calendar year for a specific athletic event or series of athletic events with an individual or group not based in the state; or
    3. in the military service of the United States or as an employee of the federal government performing athletic training services within the scope of the individual’s official duties.
  2. This section does not prohibit a person licensed under another chapter of this title from performing functions defined as athletic training if those functions are within the scope of that person’s license and the person does not use a title listed in (d) of this section.
  3. Nothing in this chapter requires licensing of a coach or fitness trainer who
    1. does not use a title listed in (d) of this section; and
    2. is acting within the scope of the person’s duties as a coach or fitness trainer.
  4. Unless licensed under this chapter or exempted under (a)(2) or (3) of this section, an individual may not use the titles “athletic trainer,” “licensed athletic trainer,” “certified athletic trainer,” “athletic trainer certified,” “A.T.,” “A.T.L.,” “C.A.T.,” “A.T.C.,” or any combination of those terms to indicate that the individual is a licensed athletic trainer.

History. (§ 2 ch 36 SLA 2014)

Editor’s notes. —

Under sec. 5, ch. 36, SLA 2014, the licensing requirement in this section will not apply until July 1, 2017 “to a person who has been practicing athletic training in this state for at least three of the five years immediately preceding July 1, 2015”. See sec. 5, ch. 36, SLA 2014 in the 2014 Temporary and Special Acts for the complete applicability provisions for this section.

Sec. 08.07.020. Qualifications for license; fee; renewal.

  1. The department shall issue an athletic trainer license to an individual who
    1. applies to the department on a form provided by the department;
    2. meets the requirements established in regulation by the department;
    3. pays the fees established by the department; and
    4. provides proof of certification by the Board of Certification, Inc., or another nationally recognized professional association approved by the department.
  2. An athletic trainer license may be renewed upon proof of certification by the Board of Certification, Inc., or another nationally recognized professional association approved by the department and as provided in AS 08.01.100 .

History. (§ 2 ch 36 SLA 2014)

Sec. 08.07.030. Scope of practice of athletic trainers.

  1. An athletic trainer may practice athletic training only under the direction of a person licensed to practice medicine or osteopathy under AS 08.64. In this subsection, “direction” means the physician authorizes a procedure by a verbal order if the physician is present or by written order, telecommunication, or athletic training treatment plans, protocols, or standing orders established by the physician if the physician is not present.
  2. An athletic trainer shall immediately refer an athlete to an appropriate licensed health care professional if the athletic trainer determines that athletic training is contraindicated or the symptoms or conditions present require treatment outside the scope of practice of an athletic trainer.
  3. The practice of an athletic trainer includes
    1. the treatment of an athlete for an athletic injury or illness prevention;
    2. the clinical evaluation and assessment of an athlete for an athletic injury or illness sustained or exacerbated while participating in an athletic or sport-related exercise or activity;
    3. the immediate care and treatment of an athlete for an athletic injury or illness sustained or exacerbated while participating in an athletic or sport-related exercise or activity; and
    4. the rehabilitation and reconditioning of an athlete from an athletic injury or illness sustained or exacerbated while participating in an athletic or sport-related exercise or activity.
  4. In this section, “health care professional” has the meaning given to “health care provider” in AS 09.65.300 .

History. (§ 2 ch 36 SLA 2014)

Sec. 08.07.040. Regulations.

After consulting the professional standards issued by the Board of Certification, Inc., the board’s successor, or another nationally recognized professional association approved by the department, the department shall adopt regulations to protect the public, ensure quality patient care, and regulate the licensing of athletic trainers that include

  1. minimum standards for licensure as an athletic trainer;
  2. minimum standards of care for practice as an athletic trainer; and
  3. continuing education requirements.

History. (§ 2 ch 36 SLA 2014)

Editor’s notes. —

For a transitional provision effective June 19, 2014 authorizing the Department to adopt regulations necessary to implement the changes made by ch. 36, SLA 2014, with the regulations not to take effect before July 1, 2015, see sec. 6, ch. 36, SLA 2014.

Sec. 08.07.090. Definitions.

In this chapter,

  1. “athlete” means an individual who participates in an athletic or sport-related exercise or activity, including interscholastic, intercollegiate, intramural, semiprofessional, and professional sports activities;
  2. “athletic injury or illness” means an injury or illness sustained or exacerbated through participation in an activity, exercise, recreation, sport, or game requiring physical strength, range of motion, flexibility, body awareness and control, speed, stamina, or agility of a type sustained in association with sports participation as part of an educational institution, professional sports club, amateur sports club, recreational sports club, or organization;
  3. “athletic trainer” means an individual who is licensed under AS 08.07.020 to practice athletic training in this state;
  4. “athletic training” means injury and illness prevention and the evaluation, assessment, immediate care, treatment, rehabilitation, and reconditioning of an athletic injury or illness.

History. (§ 2 ch 36 SLA 2014)

Chapter 08. Attorneys.

Cross references. —

For additional provisions relating to the practice of law in Alaska, see AS 22.20.040 22.20.090 and the Alaska Bar Rules, the Bylaws of the Alaska Bar Association, and the Alaska Rules of Professional Conduct in the Alaska Rules of Court.

Notes to Decisions

Power of state. —

A state has a substantial interest in regulating the practice of law within its boundaries, and a state has broad power to establish standards for the licensing of legal practitioners. In re Urie, 617 P.2d 505 (Alaska 1980).

Collateral references. —

D. Edward Martin, Attorney’s Handbook of Accounting, Auditing and Financial Reporting (Matthew Bender).

How to Manage Your Law Office (LexisNexis).

7 Am. Jur. 2d, Attorneys at Law, §§ 1, 2, 7.

7 C.J.S., Attorney and Client, §§ 3, 11, 12, 19.

Article 1. The Alaska Bar Association.

Sec. 08.08.010. Creation of Alaska Bar Association.

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

History. (§ 2 ch 196 SLA 1955)

Notes to Decisions

Alaska Bar Act is valid and must be complied with. In re the Reinstatemant of Paul, 17 Alaska 360 (D. Alaska 1957).

Applied in

In re Alaska Supreme Court Orders, 395 P.2d 853 (Alaska 1964).

Quoted in

In re Moody, 524 P.2d 1261 (Alaska 1974).

Sec. 08.08.020. Members.

  1. Every person licensed to practice law in the state shall become a member in the Alaska Bar.  All active and inactive members in good standing as of September 14, 1976, shall be considered to be members.
  2. A person licensed to practice law in the state who, on September 14, 1976, is not enrolled on the membership rolls, shall be reinstated as a member only in accordance with the Alaska Bar Rules.

History. (§ 4 ch 196 SLA 1955; am § 2 ch 181 SLA 1976)

Notes to Decisions

Quoted in

In re Moody, 524 P.2d 1261 (Alaska 1974).

Article 2. The Board of Governors and Officers.

Sec. 08.08.030. Governance of the Alaska Bar.

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

History. (§ 6 ch 196 SLA 1955; am § 3 ch 181 SLA 1976)

Sec. 08.08.040. Board of Governors of the Alaska Bar.

  1. There is created a Board of Governors of the Alaska Bar to be elected under bylaws and regulations adopted by the board.
  2. The board consists of nine active members elected by the active members of the Alaska Bar and three persons appointed by the governor who are not attorneys.

History. (§ 5 ch 196 SLA 1955; am § 1 ch 178 SLA 1960; am § 4 ch 181 SLA 1976; am § 2 ch 52 SLA 1981)

Sec. 08.08.050. Selection of the board.

  1. Two members of the board shall be elected by and from among the members of the association resident in the first judicial district; four members of the board shall be elected by and from among the members of the association resident in the third judicial district; two members by and from among the members of the association resident in the combined area of the second and fourth judicial districts; and one member of the board shall be elected at large by and from among the members of the association residing in the entire state. Three members who are not attorneys shall be appointed by the governor and are subject to confirmation by the legislature in joint session.
  2. Members of the Board of Governors shall hold office for three years and until their successors are elected or appointed and qualified.
  3. Four board members shall be selected on the following triennial rotation:
    1. in the first year, one member from the first judicial district, one member from the combined area of the second and fourth judicial districts, one member from the third judicial district, and one appointed member;
    2. in the second year, one member at large, two members from the third judicial district, and one appointed member; and
    3. in the third year, one member from the combined area of the second and fourth judicial districts, one member from the third judicial district, one member from the first judicial district, and one appointed member.

History. (§ 5 ch 196 SLA 1955; am § 1 ch 178 SLA 1960; am §§ 1, 2 ch 9 SLA 1971; am §§ 3 — 5 ch 52 SLA 1981; am § 2 ch 31 SLA 2013)

Sec. 08.08.060. Election of officers.

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

History. (§ 5 ch 196 SLA 1955; am § 1 ch 178 SLA 1960)

Sec. 08.08.070. Vacancies on the board.

  1. The board shall fill a vacancy in the elected membership of the board until the next annual election.
  2. The governor shall appoint a member to fill a vacancy in the appointed membership of the board for the unexpired term.

History. (§ 5 ch 196 SLA 1955; am § 1 ch 178 SLA 1960; am § 6 ch 52 SLA 1981)

Sec. 08.08.075. Meetings of the board.

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

History. (§ 7 ch 52 SLA 1981)

Revisor’s notes. —

In 2010, “AS 44.62.310 44.62.319 (Open Meetings Act)” was substituted for “AS 44.62.310 and 44.62.312 ” in accordance with § 29(1), ch. 58, SLA 2010.

Sec. 08.08.080. Powers of board.

  1. Except as may be otherwise provided in this chapter or the Alaska Bar Rules, the board may approve and recommend to the state supreme court rules
    1. concerning admission, discipline, licensing, continuing legal education, and defining the practice of law;
    2. providing for continuing legal education and for certification of a continuing legal education program;
    3. establishing a program for the certification of attorneys as specialists.
  2. The board may adopt bylaws and regulations consistent with this chapter and the Alaska Bar Rules
    1. concerning membership and the classification of membership in the Alaska Bar;
    2. fixing the annual membership fees;
    3. concerning annual and special meetings.
  3. Consistent with this chapter and the Alaska Bar Rules, the board may
    1. provide for employees of the Alaska Bar, the time, place and method of their selection, and their respective powers, duties, terms of office, and compensation;
    2. establish, collect, deposit, invest, and disburse membership and admission fees, penalties, and other funds;
    3. sue in the name of the Alaska Bar in a court of competent jurisdiction to enjoin a person from doing an act constituting a violation of this chapter;
    4. provide for all other matters affecting in any way the organization and functioning of the Alaska Bar.

History. (§ 7 ch 196 SLA 1955; am §§ 2, 3 ch 178 SLA 1960; am § 5 ch 181 SLA 1976; am § 8 ch 52 SLA 1981)

Notes to Decisions

Final power and authority to determine standards for admission to practice of law in Alaska resides in the supreme court, which has the inherent power to intercede at any time in admission matters. In re Luna, 569 P.2d 789 (Alaska 1977).

Practice of law not defined. —

There is no rule defining the practice of law nor is there a statute defining the term except in the context of the requirements of active practice of law as a qualification for justices. In re Robson, 575 P.2d 771 (Alaska 1978). See also In re Babcock, 387 P.2d 694 (Alaska 1963)(Decided prior to the 1976 and 1981 amendments to this section)

For case construing board’s power to define practice of law prior to 1976 amendment of this section, see In re Moody, 524 P.2d 1261 (Alaska 1974).

Superior court law clerk should be regarded as practicing law for the purposes of membership classification. In re Moody, 524 P.2d 1261 (Alaska 1974).

Activities constituted practice of law in violation of supreme court’s suspension order. —

Where a person held himself out as a lawyer; performed legal services and gave legal advice in setting up a prepaid legal service plan, completing and filing necessary forms; signed a letter of the type usually written by an attorney with “attorney at law” printed aside his name; permitted another person to refer to him in court as his attorney without making any clarifying comments and typed and edited a newsletter indicating his availability to serve as attorney for a union and its members, the cumulative effect of these activities leads to the inescapable conclusion that he was engaged in the practice of law in violation of the supreme court’s order suspending him from practice. In re Robson, 575 P.2d 771 (Alaska 1978).

Board exceeded its authority in requiring a cash deposit before allowing an unsuccessful applicant to the Alaska Bar to exercise his right to discovery in an appeal to the board. In re Luna, 569 P.2d 789 (Alaska 1977).

Applied in

Horowitz v. Alaska Bar Ass'n, 609 P.2d 39 (Alaska 1980); Gladden v. State, 110 P.3d 1006 (Alaska Ct. App. 2005).

Quoted in

In re Houston, 378 P.2d 644 (Alaska 1963).

Cited in

Skuse v. State, 714 P.2d 368 (Alaska Ct. App. 1986).

Collateral references. —

Procedural due process requirements in proceedings involving applications for admission to bar, 2 ALR3d 1266.

Disciplinary action against attorney based on misconduct prior to admission to bar, 92 ALR3d 807.

Sexual conduct or orientation as ground for denial of admission to bar, 105 ALR5th 217.

Falsehoods, misrepresentations, impersonations, and other irresponsible conduct as bearing on requisite good moral character for admission to bar, 107 ALR5th 167.

Failure to pay creditors as affecting applicant’s moral character for purposes of admission to the bar, 108 ALR5th 289.

Criminal record as affecting applicant’s moral character for purposes of admission to the bar, 3 ALR6th 49.

Sec. 08.08.082. Continuing legal education for board members.

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

History. (§ 3 ch 31 SLA 2013)

Effective dates. —

Section 4, ch. 31, SLA 2013 makes this section effective June 4, 2013, in accordance with AS 01.10.070(c) .

Legislative history reports. —

For House letter of intent on ch. 31, SLA 2013, which enacted this section, see 2013 House Journal 1006, 1069.

Sec. 08.08.085. Annual report.

  1. The Board of Governors shall annually prepare a report on all matters concerning admissions, discipline of members, and disbarment proceedings, except for those matters defined as confidential by court rule, and notify the legislature that the report is available.
  2. The annual report of the Board of Governors must note each addition, modification, or repeal of
    1. a bylaw or regulation of the Alaska Bar;
    2. the Alaska Bar Rules proposed to or adopted by the state supreme court.
  3. The annual report of the Board of Governors may recommend to the legislature changes to this chapter and to the provisions of state law generally.

History. (§ 6 ch 181 SLA 1976; am § 9 ch 52 SLA 1981; am § 3 ch 21 SLA 1995)

Sec. 08.08.090. Power of the bar to make or change bylaws and regulations.

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

History. (§ 7 ch 196 SLA 1955; am § 3 ch 168 SLA 1960; am § 7 ch 181 SLA 1976)

Sec. 08.08.100. Administrative Procedure Act.

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

History. (§ 7 ch 196 SLA 1955; am § 3 ch 178 SLA 1960; am § 8 ch 181 SLA 1976)

Notes to Decisions

Language of this section exempts bylaws and regulations themselves, not merely their method of adoption, from the Administrative Procedure Act, both by naming that act and by referring to the chapter number, AS 44.62. There is nothing in this language which hints that the exemption should be any narrower in scope. Horowitz v. Alaska Bar Ass'n, 609 P.2d 39 (Alaska 1980).

Stated in

In re Simpson, 645 P.2d 1223 (Alaska 1982).

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

Article 3. Admission to Alaska Bar.

Sec. 08.08.130. Eligibility for admission. [Repealed, § 11 ch 181 SLA 1976.]

Sec. 08.08.135. Study of law in office of practicing attorney. [Repealed, § 2 ch 135 SLA 1967.]

Sec. 08.08.136. Assistance from law enforcement officers.

State and local law enforcement officers shall assist the Board of Governors in the processing of fingerprints of applicants seeking admission to the Alaska Bar Association and shall release the resulting information to the association.

History. (§ 1 ch 8 SLA 1985)

Sec. 08.08.137. Fingerprints; social security number.

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

History. (§ 1 ch 8 SLA 1985; am § 9 ch 87 SLA 1997; am § 3 ch 79 SLA 2004)

Revisor’s notes. —

In 2004, “child support enforcement agency established in AS 25.27.010 ” was changed to “child support services agency established in AS 25.27.010 ” in this section in accordance with § 12(a), ch. 107, SLA 2004.

Cross references. —

For effect of this section on Alaska Bar Rules 3 and 5, see § 2, ch. 8, SLA 1985 in the Temporary and Special Acts. For effect on court rules of amendments to this section made by ch. 87, SLA 1997, see § 155, ch. 87, SLA 1997, in the 1997 Temporary and Special Acts.

Secs. 08.08.140 — 08.08.200. Out-of-state attorneys; fee provisions; procedure for admission. [Repealed, § 11 ch 181 SLA 1976.]

Sec. 08.08.201. Administration of bar examination.

  1. The Board of Governors shall administer the bar examination under the Alaska Bar Rules.
  2. The Board of Governors may contract with another state or a testing organization for the preparation and grading of a portion of the Alaska Bar examination.
  3. The Board of Governors shall contract with persons experienced in the administration of bar examinations for advice on the preparation and grading of the portion of the bar examination prepared under the direction of the board.
  4. The Board of Governors shall establish and maintain standards for experience and training of persons who administer the portion of the bar examination prepared under the direction of the board.

History. (§ 10 ch 52 SLA 1981)

Notes to Decisions

Access to multistate bar examination. —

The Alaska Supreme Court interpreted Alaska Bar Rule 4(5) to allow a failing applicant access to multistate bar examination questions and answers and to the applicant’s own answers. In re Obermeyer, 717 P.2d 382 (Alaska 1986).

Challenge of examination administration and grading. —

With the exception of the argument that he was entitled to a representative sampling of overall passing and failing exams and to an opportunity to review multistate bar examination questions and answers, one who had failed the Alaska bar examination stated criticisms of the administration of the exam that amounted to no more than disputes with the Alaska Bar Association about the ideal way to handle the bar exam; they did not establish violations of equal protection or due process rights. In re Obermeyer, 717 P.2d 382 (Alaska 1986).

Access to sampling of overall passing and failing exams. —

An applicant who fails the Alaska bar examination is entitled to a representative sampling of the examination papers of other applicants who received overall passing and overall failing grades, not merely benchmark answers. In re Obermeyer, 717 P.2d 382 (Alaska 1986).

Applied in

Gladden v. State, 110 P.3d 1006 (Alaska Ct. App. 2005).

Collateral references. —

Failed applicant’s right of access to bar examination questions and answers, 57 ALR4th 1212.

Sec. 08.08.205. Eligibility to take bar examination.

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

History. (§ 12 ch 181 SLA 1976)

Cross references. —

For additional requirements, see Alaska Bar Rule 2.

Notes to Decisions

Thirty-day residency requirement unconstitutional. —

The former 30-day residency requirement of Alaska Bar Rule 2 violated the privileges and immunities clause of U.S. Const., art. IV, § 2, since it was a form of prohibited economic protectionism. Sheley v. Alaska Bar Ass'n, 620 P.2d 640 (Alaska 1980).

Collateral references. —

Court review of bar examiners’ decision on applicant’s examination, 39 ALR3d 719.

Sec. 08.08.207. Law clerks.

  1. Every person who desires subsequently to qualify as a general applicant for admission to the Alaska Bar without having been graduated from an approved law school shall register as a law clerk as provided by this section. The person shall present satisfactory proof that the person has been granted a bachelor’s degree, other than bachelor of laws, by a college or university offering the degree on the basis of a four-year course of study and has successfully completed the first year of studies at a law school.
  2. The applicant shall obtain regular and full-time employment as a law clerk in the office of a judge of a court of record or an attorney or firm of attorneys licensed to practice law in the state and engaged in the general practice of law. The person by whom the applicant is employed, or, if the applicant is employed by a firm, the person under whose direction the applicant is to study, must have been admitted to practice law in the state for at least five years at the time the application for registration is filed, and be otherwise eligible to act as tutor. Before the commencement of the study of law under this section, the applicant shall file with the university an application to register as a law clerk. The application shall be made on a form to be provided by the university and shall require answers to interrogatories the university may determine from time to time to be relevant to a consideration of the application. Proof of a fact stated in the application may be required by the university. If the applicant fails or refuses to furnish any information or proof or answer any interrogatory required by the application, or independently by the university, in a manner satisfactory to the university, the application may be denied.
  3. Accompanying the application there must be submitted a statement under oath of the person by whom the applicant is employed as a law clerk, or, if the applicant is employed by a firm, of the person under whose direction the applicant is to study, certifying to the fact of the employment and that that person will act as tutor for the applicant and will faithfully instruct the applicant in the branches of the law prescribed by the course of study adopted by the university.  A person is not eligible to act as tutor while disciplinary proceedings, following the service of a formal complaint, are pending against the person, or if the person has ever been censured, reprimanded, suspended or disbarred.  If a registered law clerk finds it necessary to change tutors during the period of study, a new application for registration as a law clerk is required and such credit given for study under a prior tutor as the university may determine.
  4. A law clerk whose registration has been approved by the university must pursue a course of study for three calendar years of at least 44 weeks each year, with a minimum each week of 35 hours of study. Time spent in the performance of the duties of the law clerk is considered time spent in the study of law. The tutor must give personal direction regularly and frequently to the law clerk, must examine the law clerk at least once a month on the work done in the previous month, and must certify monthly as to compliance with the requirements of this subsection and (e) and (g) of this section.
  5. The examinations shall be written and not oral, and shall be answered by the clerk without research or assistance during the examination.  The monthly certificate of compliance submitted by the tutor shall be accompanied by the originals of all written examinations and answers given during the period reported.  If the certificates, together with the required attachments, are not filed timely with the university, no credit may be given for any period of the default.
  6. If a registered law clerk does not furnish evidence of completion of law studies within a period of six years after registration, the university may cancel the registration.
  7. The course of study to be pursued by a registered law clerk shall cover subjects, textbooks, casebooks, and other material the university may from time to time require.
  8. A registered law clerk who has attended either an approved or a nonapproved law school may, in the discretion of the university, receive credit for work done and obtain advanced standing.  In no event will credit be given for fractional parts of semesters or terms, or for correspondence school work.
  9. In this section,
    1. “law school” means an accredited law school approved by or meeting the standards of the Section of Legal Education and Admissions of the American Bar Association or the Association of American Law Schools or a school in the state offering a course of study that the university approves as equivalent to a year’s study in a law school under this section;
    2. “university” means the University of Alaska.

History. (§ 12 ch 181 SLA 1976; am §§ 1 — 8 ch 119 SLA 1978; am § 4 ch 67 SLA 1983; am §§ 13 — 15 ch 13 SLA 2019)

Cross references. —

For effect of the 1978 amendment on Alaska Bar Rule 2, see § 9, ch. 119, SLA 1978 in the Temporary and Special Acts. For legislative findings concerning licensure of registered law clerks, see § 1, ch. 181, SLA 1976 in the Temporary and Special Acts.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (b), in the first sentence, substituted “in the state” for “in Alaska”, and made a stylistic change in the second sentence; in (d), at the beginning of the second sentence, substituted “Time” for “It being understood that the time actually”, inserted “law” preceding “clerk” in the third sentence, and made related and stylistic changes throughout; in (i)(1), substituted “an accredited law school” for “a law school accredited”, substituted “Section of Legal Education and Admissions” for “Council of Legal education”, substituted “the state” for “Alaska”, and made stylistic changes.

Notes to Decisions

Quoted in

In re Urie, 617 P.2d 505 (Alaska 1980).

Collateral references. —

Activities of law clerks as illegal practice of law, 13 ALR3d 1137.

Article 4. Unlawful Acts.

Sec. 08.08.210. Who may practice law.

  1. A person may not engage in the practice of law in the state unless the person is licensed to practice law in the state and is an active member of the Alaska Bar. A member of the bar in good standing in another jurisdiction may appear in the courts of the state under the rules the supreme court may adopt.
  2. The practice of law shall be defined in the Alaska Bar Rules.
  3. This section and AS 08.08.230 do not apply to the practice of law for the legislature by a person employed by or under contract with the legislature until the results are released of the third Alaska Bar examination following that person’s employment.
  4. Employees of the Department of Law, the Public Defender Agency, and the office of public advocacy whose activities would constitute the practice of law under this chapter and under Alaska Bar Rules are required to obtain a license to practice law in the state not later than 10 months following the commencement of employment.

History. (§ 12 ch 196 SLA 1955; am § 9 ch 181 SLA 1976; am § 5 ch 59 SLA 1982; am § 1 ch 88 SLA 1996; am §§ 16, 17 ch 13 SLA 2019)

Cross references. —

For practice in state courts by attorneys from other jurisdictions, see Civil Rule 81, Alaska Rules of Court; for definition of “practice of law,” see Alaska Bar Rule 63.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (a) and (d), substituted “the state” for “Alaska”, and made related and stylistic changes.

Notes to Decisions

Bar Rule 63 defines “unlicensed practice” for civil purposes. —

Although the definition in Bar Rule 63 literally applies only to the criminal offense of the unlicensed practice of law, that rule also necessarily defines the conduct that, at a minimum, constitutes the unlicensed practice of law for non-criminal purposes. This is necessarily so because the civil law may not permit conduct which the criminal law prohibits. Christiansen v. Melinda, 857 P.2d 345 (Alaska 1993).

Agent may not sue pro se in principal's stead. —

An agent authorized to act for a principal under a statutory form power of attorney may not bring suit as a pro se litigant in the principal’s stead. The unlicensed, in-court representation of another is considered “engaging in the practice of law” and is thus, prohibited by Alaska’s statute proscribing the unlicensed “practice of law” under subsection (a). The statutory power of attorney does not overcome that prohibition. Christiansen v. Melinda, 857 P.2d 345 (Alaska 1993).

Law school graduate. —

In public interest litigation against the State of Alaska, the trial court erred in awarding attorney fees to a resident who appeared pro se; though he had a law degree, he was not admitted to practice law in Alaska, and he was not entitled to an award of fees. Ahtna Tene Nená v. State, 288 P.3d 452 (Alaska 2012).

Practice of law by employee of Alaska public defender agency. —

Employee of the Alaska Public Defender Agency, who was a law school graduate, but not a licensed attorney, was validly practicing law when he represented defendant because the Alaska Bar Association treated AS 08.08.210(d) as a separate authorization to practice law. Grove v. State, 258 P.3d 843 (Alaska Ct. App. 2011).

Applied in

Skuse v. State, 714 P.2d 368 (Alaska Ct. App. 1986); Pister v. State, Dep't of Revenue, 354 P.3d 357 (Alaska 2015).

Quoted in

In re Houston, 378 P.2d 644 (Alaska 1963); In re Moody, 524 P.2d 1261 (Alaska 1974).

Stated in

Noll v. Alaska Bar Ass'n, 649 P.2d 241 (Alaska 1982).

Collateral references. —

7 Am. Jur. 2d, Attorneys at Law, §§ 25-39.

7 C.J.S., Attorney and Client, §§ 29-42.

Validity and construction of statutes or rules conditioning right to practice law upon residence or citizenship, 53 ALR3d 1163.

Pardon as restoring public office or license or eligibility therefor, 58 ALR3d 1191.

Attorney’s right to appear pro hac vice in state court, 20 ALR4th 855.

Right of attorney to act or become licensed to act as real estate broker, 23 ALR4th 230.

What constitutes “unauthorized practice of law” by out-of-state counsel? 83 ALR5th 497.

What constitutes unauthorized practice of law by paralegal, 109 ALR5th 275.

Unauthorized practice of law — Real estate closings, 119 A.L.R.5th 1.

Sec. 08.08.220. Disciplinary proceedings and review. [Repealed, § 5 ch 94 SLA 1980.]

Sec. 08.08.230. Unlawful practice a misdemeanor.

  1. A person not an active member of the Alaska Bar and not licensed to practice law in the state who engages in the practice of law or holds out as entitled to engage in the practice of law as that term is defined in the Alaska Bar Rules, or an active member of the Alaska Bar who wilfully employs such a person knowing that the person is engaging in the practice of law or holding out as entitled to so engage, is guilty of a class A misdemeanor.
  2. This section does not prohibit the use of paralegal personnel as defined by rules of the Alaska supreme court.

History. (§ 13 ch 196 SLA 1955; am § 10 ch 181 SLA 1976; am § 11 ch 52 SLA 1981; am § 18 ch 13 SLA 2019)

Revisor's notes. —

For related court rule, see Rule 63, Alaska Bar Rules.

Cross references. —

For sentences for misdemeanors, see AS 12.55.035 and 12.55.135 . For non-lawyer assistants, see Alaska Rule of Professional Conduct 5.3.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (a), substituted “licensed to practice law in the state” for “licensed to practice law in Alaska”.

Opinions of attorney general. —

The activity of presenting cases at an administrative hearing before the Human Rights Commission or one of its hearing officers by a non-attorney staff member of the commission does not constitute the unlawful practice of law. September 11, 1979 Op. Att’y Gen.

Notes to Decisions

Lay representation not precluded. —

This section does not preclude the exercise of discretion by a court to allow lay representation. Skuse v. State, 714 P.2d 368 (Alaska Ct. App. 1986).

Stated in

Noll v. Alaska Bar Ass'n, 649 P.2d 241 (Alaska 1982); Christiansen v. Melinda, 857 P.2d 345 (Alaska 1993); Murphy v. Fairbanks N. Star Borough, 494 P.3d 556 (Alaska 2021).

Cited in

Ahtna Tene Nená v. State, 288 P.3d 452 (Alaska 2012).

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

Article 5. General Provisions.

Sec. 08.08.245. Definitions. [Repealed, § 3 ch 135 SLA 1967.]

Sec. 08.08.250. Short title.

This chapter may be cited as the Alaska Integrated Bar Act.

History. (§ 1 ch 196 SLA 1955)

Chapter 11. Audiologists and Speech-language Pathologists.

Cross references. —

For legislative findings and purpose related to the enactment of this chapter, see § 1, ch. 131, SLA 1986, in the Temporary and Special Acts.

Administrative Code. —

For audiologists, 12 AAC 07.

Sec. 08.11.010. Qualifications for audiologist license.

The department shall issue a license to practice audiology to an individual who

  1. is 18 years of age or older;
  2. applies on a form provided by the department;
  3. pays the fee required under AS 08.11.050 ;
  4. furnishes evidence satisfactory to the department that the person
    1. has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.11.080 ;
    2. holds a master’s degree or doctorate in audiology from an accredited educational institution approved by the department; and either has
      1. a Certificate of Clinical Competence in Audiology from the American Speech-Language-Hearing Association or the equivalent of the certificate; or
      2. practiced audiology for two years as of January 1, 1986, or is in the process of completing the year of supervised clinical experience required for the Certificate of Clinical Competence of the American Speech-Language-Hearing Association.

History. (§ 7 ch 131 SLA 1986)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For audiologists, see 12 AAC 7.

Sec. 08.11.015. Qualifications for speech-language pathologist license.

The department shall issue a license to practice speech-language pathology to an individual who

  1. is 18 years of age or older;
  2. applies on a form provided by the department;
  3. pays the fee required under AS 08.11.050 ;
  4. has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.11.085 ; and
  5. furnishes evidence satisfactory to the department that the person holds a Certificate of Clinical Competence in speech-language pathology from the American Speech-Language-Hearing Association or the equivalent of the certificate.

History. (§ 5 ch 42 SLA 2000)

Sec. 08.11.020. Temporary license to practice audiology as an audiologist.

  1. On receipt of the completed application the department shall issue a temporary license for the practice of audiology as an audiologist to an individual who is licensed to practice audiology in another state and has submitted to the department an application for a license under AS 08.11.010 .
  2. The department may issue a temporary license to the following:
    1. a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual is licensed to practice audiology in another state, territory of the United States, foreign country, or province that has requirements for a license to practice audiology that are substantially equivalent to or higher than the requirements of AS 08.11.010 ;
    2. a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual meets the qualifications and requirements for a license under AS 08.11.010 , and resides in a state or territory of the United States or a foreign country or province that does not license individuals to practice audiology.
  3. The department may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section.

History. (§ 7 ch 131 SLA 1986)

Cross references. —

For temporary courtesy licenses, see AS 08.01.062 .

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.11.025. Temporary license to practice speech-language pathology as a speech-language pathologist.

  1. The department may issue a temporary license for the practice of speech-language pathology as a speech-language pathologist to an individual who is licensed to practice speech-language pathology in another state and has submitted to the department an application for a license and appropriate fees under AS 08.11.015 .
  2. Subject to (c) and (d) of this section, the department may issue a temporary license to the following:
    1. a nonresident for the practice of speech-language pathology as a speech-language pathologist in the state for 60 days or less in a calendar year, if the individual is licensed to practice speech-language pathology in another state, territory of the United States, foreign country, or province that has requirements for a license to practice speech-language pathology that are substantially equivalent to or higher than the requirements of AS 08.11.015 ;
    2. a nonresident for the practice of speech-language pathology as a speech-language pathologist in the state for 60 days or less in a calendar year, if the individual meets the qualifications and requirements for a license under AS 08.11.015 and resides in a state or territory of the United States or a foreign country or province that does not license individuals to practice speech-language pathology;
    3. a person, whether a resident or not, who is in the process of completing a year of supervised clinical experience required for a certificate of clinical competence in speech-language pathology from the American Speech-Language Hearing Association.
  3. The department shall deny a temporary license to an applicant under (b) of this section if the board finds that the applicant has committed an act that is grounds for a disciplinary sanction under AS 08.11.085 .
  4. The department may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section.

History. (§ 6 ch 42 SLA 2000; am § 1 ch 114 SLA 2004)

Cross references. —

For temporary courtesy licenses, see AS 08.01.062 .

Sec. 08.11.030. Reinstatement of lapsed license or registration; renewal of suspended license or registration.

  1. [Repealed, § 49 ch 94 SLA 1987.]
  2. [Repealed, § 49 ch 94 SLA 1987.]
  3. The department may reinstate a lapsed license or registration if the license or registration has lapsed for less than two years and if the individual submits to the department an application for renewal and pays a delinquency fee in addition to the renewal fee.
  4. A suspended license or registration is subject to expiration and must be renewed as provided in AS 08.01.100 , but the renewal does not entitle the individual while the license or registration remains suspended to practice audiology, speech-language pathology, or as a speech-language pathologist assistant, or to engage in other activity or conduct that violates the order or judgment that suspended the license.

History. (§ 7 ch 131 SLA 1986; am § 49 ch 94 SLA 1987; am § 7 ch 42 SLA 2000; am §§ 2, 3 ch 114 SLA 2004)

Revisor’s notes. —

In 1991, a reference to AS 08.01.100 was substituted for a reference to “this section” in (d) of this section to correct a manifest error of omission in ch. 94, SLA 1987.

Cross references. —

For license duration and renewal, see AS 08.01.100 .

Sec. 08.11.040. Display of license.

  1. An individual licensed to practice audiology as an audiologist or licensed to practice speech-language pathology as a speech-language pathologist in the state shall display the license in a prominent place at each place of business of the individual.
  2. If an audiologist or speech-language pathologist has more than one place of business, the department shall, on request and payment of a fee, issue a duplicate license for each place of business of the individual.

History. (§ 7 ch 131 SLA 1986; am § 8 ch 42 SLA 2000)

Sec. 08.11.042. Activities of speech-language pathologist assistant.

  1. A person may not practice as a speech-language pathologist assistant in the state without registration under this chapter.
  2. Except as provided in (e) of this section, a person registered under this chapter and who is under the immediate supervision of a person licensed as a speech-language pathologist in the state may perform treatment of a person who is medically fragile, as determined by the licensed speech-language pathologist, or who otherwise demonstrates a need for assistance with feeding or swallowing.
  3. Except as provided in (b) and (e) of this section, a person registered under this chapter and who is under the direct supervision of a person licensed as a speech-language pathologist in the state may perform screening and treatment techniques or activities and assist the speech-language pathologist during assessments, research, in-service training, and public relations activities.
  4. Except as provided in (b), (c), and (e) of this section, a person registered under this chapter and who is under the indirect supervision of a person licensed as a speech-language pathologist in the state may
    1. perform screening and treatment activities, excluding interpretation, if the supervising speech-language pathologist has previously given instruction on the performance of those screening and treatment activities, has observed the assistant in the performance of those activities, and has determined that the speech-language pathologist assistant is competent to perform those activities;
    2. conduct clerical tasks, including record keeping, documentation of a person’s progress toward meeting established objectives as stated in the treatment plan or individualized education plan, scheduling, and equipment maintenance;
    3. implement a documented treatment plan, individualized education plan, or protocol developed by the supervising speech-language pathologist;
    4. sign treatment notes if the note is reviewed and cosigned by the supervising speech-language pathologist; and
    5. discuss with the client and the client’s family members or guardian behaviors observed by the speech-language pathologist assistant during treatment of the client when the behaviors are supported by documented objective data.
  5. A registered speech-language pathologist assistant may not
    1. administer diagnostic assessment tools, perform formal or informal evaluations, or interpret test or evaluation results;
    2. participate in family conferences, on an interdisciplinary team, at a staff meeting, or at an individualized education plan meeting in which diagnostic information is interpreted or in which plans for a client’s treatment are developed or reviewed without the presence of a licensed speech-language pathologist;
    3. write, develop, or modify a client’s treatment plan or individualized education plan;
    4. assist a client without following a documented treatment plan or individualized education plan that has been prepared by a licensed and adequately trained speech-language pathologist;
    5. sign a client record or billing record that does not contain the signature of a licensed speech-language pathologist;
    6. select a person for speech-language pathology services;
    7. provide counseling to a client or a client’s family or guardian;
    8. disclose clinical or confidential information, either orally, in writing, or by electronic means, to anyone not designated in writing to receive the communication by a licensed speech-language pathologist; or
    9. perform screening of feeding or swallowing functions.

History. (§ 4 ch 114 SLA 2004)

Sec. 08.11.043. Qualifications for speech-language pathologist assistant registration.

  1. The department shall register an individual as a speech-language pathologist assistant if the individual submits an application on a form approved by the department, pays the required fee, and
    1. submits proof satisfactory to the department that the individual has successfully completed
      1. an associate of applied science degree in disabilities with a speech-language support emphasis either from the University of Alaska Anchorage in affiliation with Prince William Sound Community College or from another approved program; or
      2. a bachelor’s degree in speech-language pathology from an accredited institution; and
    2. submits proof satisfactory to the department that the individual has successfully completed 100 hours of field work supervised by a licensed speech-language pathologist.
  2. Notwithstanding the requirements of (a) of this section, the department shall register an individual as a speech-language pathologist assistant if the individual provides proof satisfactory to the department that the individual has been employed in a position for at least one year preceding July 1, 2004, that includes the practice of speech-language pathologist assistant as set out in AS 08.11.042 and if the individual
    1. submits an application on a form approved by the department;
    2. pays the required fee;
    3. submits proof satisfactory to the department that the individual has passed a competency-based checklist examination adopted by the department; and
    4. submits a written recommendation from a licensed speech-language pathologist in support of the application.
  3. The department shall maintain a registry of individuals registered under this section and shall notify an applicant in writing of a decision to approve or deny an application under this section. An approval is valid for two years, except as provided under AS 08.11.083 .
  4. The department shall renew a valid registration issued under this chapter if the speech-language pathologist assistant submits a timely application on a form approved by the department accompanied by a sworn statement that the applicant has available documentation of approved continuing education consisting of 15 clock hours for the preceding two years. The department shall approve continuing education if the education is provided at state or regional conferences, workshops, formal in-service training, independent study programs, or a combination of these, and pertains to communication disorders.

History. (§ 4 ch 114 SLA 2004)

Sec. 08.11.045. Supervision of speech-language pathologist assistant.

  1. A speech-language pathologist qualified under (b) of this section shall design and implement a plan for supervision of a speech-language pathologist assistant that protects the client and that maintains the highest possible standard of care. The amount of supervision required in the plan must be documented and must take into account the experience and skills of the speech-language pathologist assistant, the client’s needs, the service setting, the tasks assigned, and the laws governing the activities of the speech-language pathologist assistant. A plan for supervision must provide for direct supervision of the speech-language pathologist assistant for at least 50 percent of the speech-language pathologist assistant services during the first 90 days of employment of the speech-language pathologist assistant and, after the first 90 days of employment, for at least 20 percent of the speech-language pathologist assistant services.
  2. A speech-language pathologist is qualified to supervise a speech-language pathologist assistant only if the speech-language pathologist is familiar with all applicable laws and
    1. is licensed under this chapter; or
    2. has a valid Type A or Type C teaching certificate issued under AS 14.20 with an endorsement in speech-language pathology, speech and hearing sciences, or communication disorders.
  3. A speech-language pathologist qualified under (b) of this section who agrees to supervise a speech-language pathologist assistant shall
    1. monitor and evaluate the services provided and documentation completed by the speech-language pathologist assistant, including the competency level for the type of client and service site and compliance with all applicable laws;
    2. assist the speech-language pathologist assistant in the development of a professional development plan that includes at least 15 clock hours of approved continuing education under AS 08.11.043(d) biennially; and
    3. direct the handling of emergencies by the speech-language pathologist assistant.
  4. A speech-language pathologist may not supervise more than two individuals or carry a higher caseload of clients while supervising a speech-language pathologist assistant than when the speech-language pathologist was not supervising a speech-language pathologist assistant.

History. (§ 4 ch 114 SLA 2004)

Sec. 08.11.050. Fees.

The department shall set fees under AS 08.01.065 for each of the following:

  1. application;
  2. credential review;
  3. audiologist license and speech-language pathologist license;
  4. temporary license;
  5. renewal of license;
  6. delinquency;
  7. reinstatement;
  8. duplicate license;
  9. speech-language pathologist assistant registration application and renewal.

History. (§ 7 ch 131 SLA 1986; am § 9 ch 42 SLA 2000; am § 5 ch 114 SLA 2004)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.11.070. Dealing in hearing aids.

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

History. (§ 7 ch 131 SLA 1986)

Sec. 08.11.080. Grounds for imposition of disciplinary sanctions on an audiologist.

  1. After a hearing, the department may impose a disciplinary sanction on an audiologist when the department finds that the licensee
    1. secured a license through deceit, fraud, or intentional misrepresentation;
    2. engaged in deceit, fraud, or intentional misrepresentation in the course of practicing audiology;
    3. advertised professional services in a false or misleading manner;
    4. has been convicted of a felony or other crime that affects the person’s ability to continue to practice competently and safely;
    5. continued to practice audiology after becoming unfit due to
      1. professional incompetence;
      2. use of drugs or alcohol in a manner that affects the person’s ability to practice audiology competently and safely;
      3. physical or mental disability;
    6. permitted another person to use the licensee’s license;
    7. employed a person who does not have a valid current license to practice audiology to perform work as an audiologist covered by this chapter;
    8. failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.
  2. The department may not impose disciplinary sanctions on an audiologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the audiologist
    1. or another licensed health care provider is available to provide follow-up care;
    2. requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the audiologist is not the person’s primary care provider and, if the person consents, the audiologist sends the records to the person’s primary care provider; and
    3. meets the requirements established by the department in regulation.
  3. The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.

History. (§ 7 ch 131 SLA 1986; am § 10 ch 42 SLA 2000; am § 1 ch 25 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective September 19, 2016, added (b) and (c).

Sec. 08.11.083. Grounds for imposition of disciplinary sanctions on a speech-language pathologist assistant.

  1. After a hearing, the department may impose a disciplinary sanction on a registered speech-language pathologist assistant when the department finds that the registrant
    1. secured a registration through deceit, fraud, or intentional misrepresentation;
    2. fraudulently or deceptively used a registration;
    3. altered a registration;
    4. sold, bartered, or offered to sell or barter a registration;
    5. engaged in deceit, fraud, or intentional misrepresentation in the course of assisting in the practicing of speech-language pathology;
    6. advertised speech-language services in a manner that is false, misleading, or deceptive;
    7. has been convicted of a felony or other crime that affects the person’s ability to continue to practice competently and safely, including a crime involving drugs or alcohol;
    8. engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients;
    9. continued to practice speech-language pathology after becoming unfit due to
      1. professional incompetence or gross negligence;
      2. use of drugs or alcohol in a manner that affects the person’s ability to practice speech-language pathology competently and safely;
      3. a physical or mental disability;
    10. permitted another person to use the registrant’s registration;
    11. has been disciplined by an official government body with jurisdiction over licensure, certification, or registration of a health care or teaching practice; a certified copy of the final disciplinary action constitutes conclusive evidence against the person;
    12. failed to maintain confidentiality except as otherwise required or permitted by law;
    13. failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.
  2. The department may not impose disciplinary sanctions on a speech- language pathologist assistant for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist assistant
    1. or another licensed health care provider is available to provide follow-up care;
    2. requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist assistant is not the person’s primary care provider and, if the person consents, the speech-language pathologist assistant sends the records to the person’s primary care provider; and
    3. meets the requirements established by the board in regulation.
  3. The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.

History. (§ 6 ch 114 SLA 2004; am § 2 ch 25 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective September 19, 2016, added (b) and (c).

Sec. 08.11.085. Grounds for imposition of disciplinary sanctions on a speech-language pathologist.

  1. After a hearing, the department may impose a disciplinary sanction on a speech-language pathologist when the department finds that the licensee
    1. secured a license or temporary license through deceit, fraud, or intentional misrepresentation;
    2. fraudulently or deceptively used a license or temporary license;
    3. altered a license or temporary license;
    4. sold, bartered, or offered to sell or barter a license or temporary license;
    5. engaged in deceit, fraud, or intentional misrepresentation in the course of practicing speech-language pathology;
    6. advertised professional services in a false or misleading manner;
    7. has been convicted of a felony or other crime that affects the person’s ability to continue to practice competently and safely;
    8. engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients;
    9. continued to practice speech-language pathology after becoming unfit due to
      1. professional incompetence;
      2. use of drugs or alcohol in a manner that affects the person’s ability to practice speech-language pathology competently and safely;
      3. a physical or mental disability;
    10. permitted another person to use the licensee’s license or temporary license;
    11. employed a person who does not have a valid current license or temporary license to practice speech-language pathology to perform work as a speech-language pathologist covered by this chapter;
    12. failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.
  2. The department may not impose disciplinary sanctions on a speech- language pathologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist
    1. or another licensed health care provider is available to provide follow-up care;
    2. requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist is not the person’s primary care provider and, if the person consents, the speech-language pathologist sends the records to the person’s primary care provider; and
    3. meets the requirements established by the board in regulation.
  3. The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.

History. (§ 11 ch 42 SLA 2000; am § 3 ch 25 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective September 19, 2016, added (b) and (c).

Sec. 08.11.090. Disciplinary sanctions.

  1. When it finds that an audiologist has committed an act listed in AS 08.11.080 , that a speech-language pathologist has committed an act listed in AS 08.11.085 , or that a speech-language pathologist assistant has committed an act listed in AS 08.11.083 , the department may impose the following sanctions singly or in combination:
    1. permanently revoke a license or registration to practice;
    2. suspend a license or registration for a determinate period of time;
    3. censure a licensee or registrant;
    4. issue a letter of reprimand;
    5. place a licensee or registrant on probationary status and require the licensee or registrant to
      1. report regularly to the department on matters involving the basis of probation;
      2. limit practice to those areas prescribed;
      3. continue professional education until a satisfactory degree of skill has been attained in those areas determined by the department to need improvement;
    6. impose limitations or conditions on the practice of a licensee or registrant.
  2. The department may withdraw a limitation, condition, or probationary status if it finds that the deficiency that required the sanction has been remedied.
  3. The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public welfare and safety if the licensee continues to practice. An individual whose license is suspended under this subsection is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010 ) not later than seven days after the effective date of the order. The individual may appeal the suspension after the hearing to the superior court.
  4. The department may reinstate a license or registration that has been suspended or revoked if the department finds after a hearing that the individual is able to practice with reasonable skill and safety.
  5. One year after revocation of a license or registration issued under this chapter, the individual whose license or registration was revoked may reapply for the license or registration. The department may require an examination for reinstatement.
  6. The department may place a registrant on probation, with the costs of probation to be borne by the registrant
    1. in lieu of revocation or suspension;
    2. upon the issuance of a registration to an individual who has been found guilty of unprofessional conduct but who otherwise qualifies for registration under this chapter; or
    3. as a condition upon the reissuance or reinstatement of any registration that has been suspended or revoked by the department.
  7. The department may require a registrant who has been placed on probation or who has been suspended to obtain additional professional training, including continuing education or clinical or field work.

History. (§ 7 ch 131 SLA 1986; am § 12 ch 42 SLA 2000; am §§ 7 — 11 ch 114 SLA 2004; am § 9 ch 163 SLA 2004)

Cross references. —

For general disciplinary powers, see AS 08.01.075 .

Sec. 08.11.095. Revocation of speech-language pathologist license.

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

History. (§ 13 ch 42 SLA 2000)

Sec. 08.11.100. Prohibited acts.

  1. Unless a person is licensed as an audiologist under this chapter, the person may not
    1. practice audiology;
    2. use a title indicating or representing that the person practices as an audiologist;
    3. advertise that the person practices audiology.
  2. Unless a person is licensed as a speech-language pathologist under this chapter, the person may not
    1. practice speech-language pathology;
    2. use a title indicating or representing that the person practices as a speech-language pathologist;
    3. advertise that the person practices speech-language pathology.

History. (§ 7 ch 131 SLA 1986; am §§ 14, 15 ch 42 SLA 2000)

Sec. 08.11.110. Penalty.

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

History. (§ 7 ch 131 SLA 1986)

Cross references. —

For sentences for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 08.11.120. Audiology exemptions.

  1. This chapter does not apply to an individual who practices audiology consistent with the accepted standards and code of ethics of the individual’s profession as part of the individual’s duties as
    1. a physician licensed under AS 08.64;
    2. an employee of the federal government who is required to practice audiology during the employment, if
      1. the employer maintains appropriate supervision of the individual’s practice of audiology;
      2. the individual practices audiology as part of the duties for which the individual is employed;
      3. the individual practices audiology in the facility where the individual is employed or under the supervision of the federal governmental unit where the individual is employed; and
      4. the individual does not render or offer to render audiology services to the public for compensation in addition to the salary the individual receives from the federal governmental unit;
    3. a student, intern, or resident pursuing a course of study in audiology at an accredited college or a clinical training facility approved by the department, if the activities of the student, intern, or resident constitute part of a supervised course of study and the student, intern, or resident is designated as an “audiology intern,” “audiology trainee,” or other title approved by the department that clearly indicates that the person is training to be an audiologist.
  2. Notwithstanding the provisions of this chapter,
    1. a nurse licensed under AS 08.68 may perform hearing sensitivity evaluations;
    2. an individual licensed as a hearing aid dealer under AS 08.55 may deal in hearing aids;
    3. an individual holding a class A certificate issued by the Conference of Executives of American Schools of the Deaf may teach the hearing impaired;
    4. an individual may engage in the testing of hearing as part of a hearing conservation program that complies with the regulations of the Occupational Safety and Health Administration of the federal government if the individual is certified to do the testing by a state or federal agency acceptable to the Occupational Safety and Health Administration;
    5. an individual may perform hearing screening under AS 47.20.310 if authorized to do so under a protocol adopted under AS 47.20.310(e) by the Department of Health and Social Services.
  3. An individual who is not an audiologist, but who is exempt under this section, may not use a title or description stating or implying that the person is an audiologist.
  4. An individual exempt under (a)(2) of this section may consult with and disseminate research findings and scientific information to accredited academic institutions or governmental agencies, and offer lectures to the public for a fee, monetary or otherwise, without being licensed under this chapter.
  5. An individual who is not licensed under this chapter but who teaches the practice of audiology in an audiologist training program at a college or university may use the title “audiologist” but may not practice audiology.

History. (§ 7 ch 131 SLA 1986; am § 3 ch 43 SLA 2006)

Sec. 08.11.125. Speech-language pathology exemptions.

  1. Except as otherwise specifically provided in this section, this chapter does not apply to an individual who practices speech-language pathology as part of the individual’s duties as
    1. a physician licensed under AS 08.64;
    2. an employee of, or contractor with, a school district while practicing speech-language pathology for the school district;
    3. a student, intern, or resident pursuing a course of study in speech-language pathology at an accredited college or a clinical training facility approved by the department if the activities of the student, intern, or resident constitute part of a supervised course of study and the student, intern, or resident is designated as a “speech-language pathology intern,” “speech-language pathology trainee,” or other title approved by the department that clearly indicates that the person is training to be a speech-language pathologist.
  2. An individual who is not licensed as a speech-language pathologist but who is exempt under (a)(1) or (3) of this section may not use a title or description stating or implying that the person is a speech-language pathologist.
  3. An individual who is not licensed under this chapter but who teaches the practice of speech-language pathology in a speech-language pathology training program at a college or university may use the title “speech-language pathologist” but may not practice speech-language pathology.

History. (§ 16 ch 42 SLA 2000)

Sec. 08.11.130. Administrative Procedure Act.

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

History. (§ 7 ch 131 SLA 1986)

Sec. 08.11.200. Definitions.

In this chapter, unless the context indicates otherwise,

  1. “audiologist” means an individual who is licensed under AS 08.11.010 to practice audiology in the state;
  2. “dealing in hearing aids” has the meaning given in AS 08.55.200 ;
  3. “department” means the Department of Commerce, Community, and Economic Development;
  4. “direct supervision” means supervision that is on-site or available by visual or real-time electronic means through which a supervising speech-language pathologist observes and guides a speech-language pathologist assistant while the assistant performs a clinical activity; “direct supervision” may include demonstration, coaching, and observation to the extent that the demonstration, coaching, or observation otherwise meets the requirements of this paragraph;
  5. “hearing aid” has the meaning given in AS 08.55.200 ;
  6. “immediate supervision” means supervision in the physical presence of the speech-language pathologist assistant during the provision of client services by the speech-language pathologist assistant;
  7. “indirect supervision” means supervision by telephonic or electronic means or by intermittent on-site visits while located either inside or outside of the facility in which the speech-language pathologist assistant is located; “indirect supervision” may include demonstrations, record review, evaluation of audiotaped or videotaped client services, or communication by telephone or electronic mail to the extent that these activities otherwise meet the requirements of this paragraph;
  8. “practice of audiology” means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, habilitation, rehabilitation, counseling, and instruction related to hearing and hearing impairment for the purpose of modifying communicative disorders involving speech, language, auditory function, including auditory training, speech reading and the recommendation, evaluation, fitting, and sale of hearing aids, including the fitting of ear molds;
  9. “practice of speech-language pathology” means the application of principles, methods, and procedures related to the development and disorders of human communication, including
    1. screening for, identifying, assessing, interpreting, diagnosing, rehabilitating, and preventing disorders of speech, such as disorders related to articulation, fluency, voice, and language;
    2. screening for, identifying, assessing, interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function or dysphagia or related disorders;
    3. screening for, identifying, assessing, interpreting, diagnosing, and rehabilitating cognitive and communication disorders;
    4. assessing, selecting, and developing augmentative and alternative communication systems and providing training in their use;
    5. providing aural rehabilitation and related counseling services to hearing impaired individuals and their families;
    6. enhancing speech-language proficiency and communication effectiveness, such as accent reduction; and
    7. screening of hearing and other factors for the purpose of speech-language evaluation or the initial identification of individuals with other communication disorders, if judgments and descriptive statements about the results of the screening are limited to pass-fail determinations;
  10. “screening” means a procedure in which a client is identified by either “pass” or “fail” for purposes of necessitating further evaluation of speech, language, or hearing;
  11. “speech-language pathologist” means an individual who is licensed under AS 08.11.015 to practice speech-language pathology in the state;
  12. “supervision” means the provision of direction and evaluation of the tasks assigned.

History. (§ 7 ch 131 SLA 1986; am § 17 ch 42 SLA 2000; am § 12 ch 114 SLA 2004; am § 19 ch 13 SLA 2019)

Revisor's notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

This section was reorganized in 2004 to maintain alphabetical order.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in paragraph (3), in accordance with § 3, ch. 47, SLA 2004.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (9), deleted “but not limited to” at the end of the introductory language, inserted “for” following “screening” three times, inserted “disorders related to” following “such as” in (9)(A), and made stylistic changes.

Chapter 12. Barbers.

[Repealed, § 5 ch 159 SLA 1980.]

Chapter 13. Barbers and Hairdressers.

Administrative Code. —

For board of barbers and hairdressers, see 12 AAC 09.

Collateral references. —

10 Am. Jur. 2d, Barbers and Cosmetologists, § 1 et seq.

Liability of cosmetology school for injury to patron, 81 ALR4th 444.

Article 1. Board of Barbers and Hairdressers.

Sec. 08.13.010. Creation and membership of board.

  1. There is created the Board of Barbers and Hairdressers consisting of seven members appointed by the governor.
  2. The board consists of
    1. one person licensed as a barber under this chapter;
    2. one person licensed to practice body piercing, tattooing, or permanent cosmetic coloring under this chapter;
    3. two persons licensed as hairdressers under this chapter, one of whom is also licensed as an esthetician under this chapter;
    4. one public member;
    5. one person licensed to practice manicuring under this chapter; and
    6. one person licensed to practice any activity licensed under this chapter.

History. (§ 1 ch 159 SLA 1980; am § 2 ch 34 SLA 1997; am § 1 ch 57 SLA 1999; am § 3 ch 93 SLA 2000; am § 13 ch 32 SLA 2016; am § 2 ch 23 SLA 2018)

Effect of amendments. —

The 2016 amendment, effective October 4, 2016, in (a), substituted “seven” for “six”; in (b)(1), substituted “one person” for “two persons” and “a barber” for “barbers”; added (5) and (6); and made related stylistic changes.

The 2018 amendment, effective January 1, 2019, in (b)(2) deleted “or licensed to practice” following “to practice body piercing;” and substituted “tattooing, or” for “tattooing and”.

Sec. 08.13.020. Terms of office and removal of members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]

Sec. 08.13.030. Powers and duties of the board.

  1. The board shall exercise general control over the vocations of barbering, hairdressing, hair braiding, manicuring, esthetics, body piercing, tattooing, and permanent cosmetic coloring.
  2. The board shall
    1. examine applicants and approve the issuance of licenses and permits to practice;
    2. authorize the issuance of licenses for schools of barbering, hairdressing, manicuring, and esthetics;
    3. develop written instructions and notices that tattooing, permanent cosmetic coloring, and body piercing shop owners and practitioners are required to give or display under AS 08.13.215 ;
    4. enforce the provisions of this chapter, regulations adopted under this chapter, and regulations relating to barbering, hairdressing, hair braiding, manicuring, and esthetics adopted under AS 44.46.020(a)(5)(C) .
  3. The board may
    1. suspend or revoke a license or permit;
    2. on its own motion or upon receipt of a written complaint, conduct hearings and request the
      1. Department of Commerce, Community, and Economic Development to investigate the practices of a person, shop, or school involved in the practice or teaching of barbering, hairdressing, hair braiding, manicuring, or esthetics; or
      2. Department of Commerce, Community, and Economic Development or the Department of Environmental Conservation to investigate the practices of a person, shop, or school involved in the practice or teaching of body piercing, tattooing, or permanent cosmetic coloring;
    3. adopt regulations or do any act necessary to carry out the provisions of this chapter.

History. (§ 1 ch 159 SLA 1980; am § 2 ch 57 SLA 1999; am § 4 ch 93 SLA 2000; am § 3 ch 23 SLA 2018)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (c)(2) of this section, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For examinations, see 12 AAC 9, art. 3.

For licensing requirements, see 12 AAC 9, art. 4.

For schools and curriculum, see 12 AAC 9, art. 5.

For student permits, training, and apprentices, see 12 AAC 9, art. 6.

For barbering, hairdressing, manicuring, or esthetics schools and shops, see 18 AAC 23, art. 2.

For body piercing, tattooing, or permanent cosmetic coloring shops, see 18 AAC 23, art. 3.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in the introductory language of (a), inserted “hair braiding,” following “hairdressing,”, deleted “and the vocation of” preceding “tattooing” and made related and stylistic changes; in (b)(3), deleted “shop owners and practitioners” following “cosmetic coloring,” and made related changes, added (b)(4); rewrote (c)(2).

Sec. 08.13.040. Meetings and examinations.

  1. The board shall meet as often as necessary to conduct its business. It shall conduct separate examinations covering the following fields of practice: barbering, hairdressing, advanced manicuring, and esthetics. Examinations shall be given at least twice in every year for each of these fields of practice for which applications for licensure or endorsements are pending. An applicant may take an examination in more than one field during the same testing session. The board may not require an applicant for licensure as a manicurist to take or pass an examination conducted by the board for the field of manicuring; however, nothing in this sentence prohibits the board from requiring a licensed manicurist to pass an examination to obtain an optional endorsement as an advanced manicurist under AS 08.13.080(f) .
  2. The board may not require a person applying for a limited license to practice non-chemical barbering under AS 08.13.100(f) to take an examination that tests the person’s knowledge of chemical processes, including permanent waving, bleaching, coloring, or chemical straightening.

History. (§ 1 ch 159 SLA 1980; am § 3 ch 57 SLA 1999; am § 1 ch 27 SLA 2015; am § 2 ch 12 SLA 2017; am § 4 ch 23 SLA 2018)

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For examinations, see 12 AAC 9, art. 3.

For licensing requirements, see 12 AAC 9, art. 4.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, deleted “advanced” after “hairdressing” in the second sentence, deleted “or endorsements” after “for licensure” in the third sentence, and deleted the fifth sentence, which read, “The board may not require an applicant for licensure as a manicurist to take or pass an examination conducted by the board for the field of manicuring; however, nothing in this sentence prohibits the board from requiring a licensed manicurist to pass an examination to obtain an optional endorsement as an advanced manicurist under AS 08.13.080(c) .”

The 2017 amendment, effective June 17, 2017, in the second sentence, inserted “advanced” preceding “manicuring”, in the third sentence, inserted “or endorsements” following “applications for licensure”, added the last sentence.

The 2018 amendment, effective January 1, 2019, added (b).

Sec. 08.13.050. Records of the board.

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

History. (§ 1 ch 159 SLA 1980; am § 2 ch 137 SLA 1986; am § 1 ch 6 SLA 1998)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section in accordance with § 3, ch. 47, SLA 2004.

Article 2. Examination and Licensing.

Administrative Code. —

For examinations, see 12 AAC 09, art. 3.

For licensing requirements, see 12 AAC 09, art. 4.

Collateral references. —

11 Am. Jur. 2d, Barbers and Cosmetologists, §§ 7-9.

“Grandfather clause” of statute or ordinance regulating or licensing, 4 ALR2d 667.

Validity, construction, and effect of statute or ordinance regulating beauty shops, or beauty culture schools, 56 ALR2d 879.

Sec. 08.13.070. License required.

A person may not

  1. practice barbering, hairdressing, hair braiding, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, temporary permit, temporary license, or student permit unless exempted under AS 08.13.160(d) ;
  2. practice barbering, hairdressing, hair braiding, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring except in a shop or school licensed under this chapter unless exempted under AS 08.13.160(d) or permitted under AS 08.13.160(e) ;
  3. open or conduct a school of barbering, hairdressing, manicuring, or esthetics without a license;
  4. teach in a school of barbering, hairdressing, manicuring, or esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or esthetics without an instructor’s license;
  5. operate a shop in violation of AS 08.13.120 ;
  6. permit an employee or other person being supervised who is not exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring without a license, temporary permit, temporary license, or student permit;
  7. permit the use of the person’s license, temporary permit, temporary license, or student permit by another person;
  8. obtain or attempt to obtain a license, temporary permit, temporary license, or student permit by fraudulent means.

History. (§ 1 ch 159 SLA 1980; am § 3 ch 137 SLA 1986; am § 4 ch 57 SLA 1999; am § 5 ch 93 SLA 2000; am § 5 ch 23 SLA 2018)

Revisor’s notes. —

The amendments to this section made by ch. 57, SLA 1999 (effective September 1, 2001) and ch. 93, SLA 2000, as amended by ch. 104, SLA 2002 (effective December 1, 2002) were harmonized by the revisor.

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For licensing requirements, see 12 AAC 9, art. 4.

For schools and curriculum, see 12 AAC 9, art. 5.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019 inserted “hair braiding,” following “hairdressing,” and “tattooing, or” for “tattooing and” in (1), (2), and (6), and made related changes.

Sec. 08.13.080. Qualifications of applicants.

  1. An applicant for an examination authorized under AS 08.13.040 must
    1. have successfully completed all courses that a school with a curriculum in barbering approved by the board is required to teach in order to be licensed under AS 08.13.110 if applying for a license to practice barbering; the curriculum may be limited for non-chemical barbering under AS 08.13.100(f) ;
    2. have successfully completed all courses that a school with a curriculum in hairdressing approved by the board is required to teach to be licensed under AS 08.13.110 if applying for a license to practice hairdressing;
    3. have successfully completed all courses that a school with a curriculum in esthetics approved by the board is required to teach in order to be licensed under AS 08.13.110 if applying for a license to practice esthetics;
    4. have served an apprenticeship under AS 08.13.082 ;
    5. specify the field of practice in which the applicant intends to teach and have held a license to practice in the field for three years or have held a license in the field for one year and have completed 600 hours of student training as an instructor in the field of practice from a licensed school with a curriculum approved by the board if applying for a license as an instructor, except that a person licensed as an instructor in hairdressing may be an instructor in manicuring for courses that satisfy the requirements of (e) of this section, and the board may, by regulation, establish requirements for other manicuring instructors, including instructors who teach courses that satisfy requirements for an advanced manicurist endorsement; or
    6. have completed course work and, if applicable, an apprenticeship acceptable to the board.
  2. [Repealed, § 12 ch 27 SLA 2015.]
  3. [Repealed, § 12 ch 27 SLA 2015.]
  4. An applicant for a license to practice body piercing, tattooing, or permanent cosmetic coloring shall
    1. satisfy the training requirement of AS 08.13.082(d) ;
    2. by passing a written examination approved by the board, demonstrate to the board or the board’s designee safety, sanitation, sterilization, aseptic, and practice techniques that indicate that the applicant has adequate knowledge of infection control practices and requirements relating to tattooing, permanent cosmetic coloring, or body piercing, as applicable; this demonstration may, at the option of the board, also include a practical examination in addition to the written examination; and
    3. pay the appropriate fee.
  5. An applicant for a license to practice manicuring shall
    1. submit documentation that the applicant has completed a course of 12 hours of instruction or training approved by the board that addresses health, safety, and hygiene concerns of manicuring customers and practitioners that are relevant to the practice of manicuring from a school licensed under AS 08.13.110 as a school of manicuring; documentation of completion of the course must include certification from the school that the applicant has passed a test given by the school covering the health, safety, and hygiene concerns of manicuring customers and practitioners that are relevant to the practice of manicuring; and
    2. pay the appropriate fee.
  6. An applicant for an endorsement to a license to practice manicuring or hairdressing indicating that the person is an advanced manicurist shall
    1. hold, or be approved for, a current license issued under this chapter for manicuring or hairdressing;
    2. request the endorsement;
    3. submit documentation from a licensed school of manicuring or hairdressing certifying completion of 250 hours of instruction in manicuring that meets the requirements of AS 08.13.110(e) ;
    4. pass an examination given by the board for advanced manicurists; and
    5. pay the appropriate fee.
  7. An applicant for a license to practice hair braiding shall
    1. apply in writing on a form prescribed by the board;
    2. complete, to the satisfaction of the board, 35 hours of instruction in hair braiding, health, safety, and sanitation
      1. at an accredited school of hairdressing;
      2. at a professional association of hairdressing or hair braiding; or
      3. from an individual or school licensed under this chapter and approved by the board; and
    3. pay the appropriate fee.

History. (§ 1 ch 159 SLA 1980; am § 4 ch 137 SLA 1986; am §§ 5, 6 ch 57 SLA 1999; am § 6 ch 93 SLA 2000; am §§ 6, 7 ch 35 SLA 2003; am §§ 2, 12 ch 27 SLA 2015; am §§ 3, 4 ch 12 SLA 2017; am §§ 6 — 8 ch 23 SLA 2018)

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For examinations, see 12 AAC 9, art. 3.

For licensing requirements, see 12 AAC 9, art. 4.

For schools and curriculum, see 12 AAC 9, art. 5.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, in (a), added (a)(4), in (a)(6), deleted “except that a person licensed as an instructor in hairdressing may be an instructor in manicuring for courses that satisfy the requirement of (b) of this section, and the board may, by regulation, establish requirements for other manicuring instructors, including instructors who teach courses that satisfy requirements for an advanced manicurist endorsement” at the end, in (a)(7), deleted “a combination of” following “have completed” and inserted “, if applicable, an” following “course work and”; repealed (b) and (c); and made related changes.

The 2017 amendment, effective June 17, 2017, in (a), deleted former (4), which read, “have successfully completed 250 hours of instruction in manicuring from a school of manicuring or hairdressing licensed under AS 08.13.110 if applying for a license to practice manicuring”, in (5), inserted “, except that a person licensed as an instructor in hairdressing may be an instructor in manicuring for courses that satisfy the requirements of (c) of this section, and the board may, by regulation, establish requirements for other manicuring instructors, including instructors who teach courses that satisfy requirements for an advanced manicurist endorsement” at the end, and made related changes; added (e) and (f).

The 2018 amendment, effective January 1, 2019, in (a), added “the curriculum may be limited for non-chemical barbering under AS 08.13.100(f) ;” at the end of (a)(1); in the introductory language of (d), substituted “body piercing, tattooing, or permanent cosmetic coloring” for “body piercing, or a license to practice tattooing and permanent cosmetic coloring”, in (d)(2), inserted “, and practice” and made related and stylistic changes; added (g).

Sec. 08.13.082. Apprenticeship.

  1. The period of apprenticeship required to qualify an applicant for a license to practice barbering is 2,000 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than 12 months from the date of its commencement and must be completed in not more than two years from the date of its commencement. The board may set by regulation a period of apprenticeship of less than 2,000 hours for an applicant for a license to practice non-chemical barbering. The board may not require an applicant for a license to practice non-chemical barbering under AS 08.13.100(f) to perform apprenticeship hours or practical operations relating to chemical processes, including permanent waving, bleaching, coloring, or chemical straightening.
  2. The period of apprenticeship required to qualify an applicant for a license to practice hairdressing is 2,000 hours. The apprenticeship must be served in a shop approved by the board.  The apprenticeship may not be completed in less than one year from the date of its commencement and must be completed in not more than two years from the date of its commencement.
  3. The period of apprenticeship required to qualify an applicant for a license to practice esthetics is 350 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than six months from the date of its commencement and must be completed in not more than one year from the date of its commencement.
  4. The number of hours of training required to qualify an applicant for a license to practice tattooing, permanent cosmetic coloring, or body piercing shall be set by the board in regulations. The trainee must be at least 18 years of age when the training commences. The training required under this subsection
    1. may only be received
      1. in a licensed shop in this state under a person who has a practitioner’s license under this chapter in the field in which the trainee seeks training; or
      2. outside the state from a person approved by the board at a site approved by the board;
    2. must include at least 12 hours of training in safety, sanitation, sterilization, aseptic, and other practices necessary to prevent transmission of diseases and infection;
    3. shall be completed in not more than 12 months from the date of its commencement; and
    4. shall be documented by certification from the trainer that the training was successfully completed by the trainee.
  5. [Repealed, §  12, ch. 12, SLA 2017.]

History. (§ 1 ch 159 SLA 1980; am § 5 ch 137 SLA 1986; am § 7 ch 57 SLA 1999; am § 7 ch 93 SLA 2000; am § 3 ch 27 SLA 2015; am § 12 ch 12 SLA 2017; am §§ 9, 10 ch 24 SLA 2018)

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For licensing requirements, see 12 AAC 9, art. 4.

For schools and curriculum, see 12 AAC 9, art. 5.

For student permits, training, and apprentices, see 12 AAC 9, art. 6.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, added (e).

The 2017 amendment, effective June 17, 2017, repealed (e).

The 2018 amendment, effective January 1, 2019, in (a), added the last two sentences; in the introductory language in (d), substituted “to practice tattooing,” for “either tattooing and” and made related changes.

Sec. 08.13.090. Examinations and other requirements.

  1. A written examination shall be given to each applicant for examination at a time and place determined by the board.  The board may delegate the power of examination to a committee of the board or a board member.
  2. The written examination must cover subjects designated by the board and must test the applicant’s knowledge of sanitary practices, safety of all procedures, and use of instruments, equipment, and chemicals permitted within the field of practice for which the applicant is seeking a license.
  3. The board may by regulation establish requirements for a practical examination for licensure.

History. (§ 1 ch 159 SLA 1980)

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For examinations, see 12 AAC 9, art. 3.

For licensing requirements, see 12 AAC 9, art. 4.

Editor’s notes. —

Under sec. 13, ch. 27, SLA 2015, a person holding a valid license to practice manicuring on January 1, 2016 may continue to practice under that license until expiration and may renew the license to practice manicuring if, among other requirements, the person takes and passes a written or oral examination under this section.

Sec. 08.13.100. License.

  1. The board shall authorize the issuance of a license for the practice of barbering, hairdressing, or esthetics to each qualified applicant who has passed an examination under AS 08.13.090 and meets other applicable requirements under this chapter. The board shall authorize the issuance of a license for the practice of tattooing, permanent cosmetic coloring, or body piercing to each applicant who has satisfied the requirements of AS 08.13.080(d) . The board shall authorize the issuance of a license to practice manicuring to each applicant who has satisfied the requirements of AS 08.13.080(e) . The board shall authorize the issuance of an endorsement to a license to practice manicuring or hairdressing indicating that the person is an advanced manicurist to each applicant who has satisfied the requirements of AS 08.13.080(f) . The board shall authorize the issuance of a license for the practice of hair braiding to each applicant who has satisfied the requirements of AS 08.13.080(g) .
  2. A practitioner license must state the areas of practice (barbering, non-chemical barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing, permanent cosmetic coloring, or body piercing) that the practitioner is qualified to perform.
  3. The board may by regulation create areas of limited professional licensing in the field of esthetics. Any limitation must be stated on the license.
  4. A person who holds a current valid license from a board of barbering, hairdressing, manicuring, or esthetics in another state or who is licensed by another state to practice hair braiding, tattooing, permanent cosmetic coloring, or body piercing is entitled to a license or endorsement under this chapter without examination or a new period of training in this state. An application must include
    1. proof of a valid license issued by another licensing jurisdiction; and
    2. proof of completed training, testing, and working experience that the board finds to meet the minimum requirements of this state.
  5. A person licensed as an instructor is considered to be licensed as a practitioner and is subject to the same requirements that a practitioner is subject to, in the same area for which the person is licensed as an instructor, except that, for purposes of setting fees under AS 08.01.065 , the department shall consider instructors to be an occupation separate from practitioners. An instructor license shall state the areas of practice (barbering, hairdressing, manicuring, or esthetics) in which the licensee is qualified to instruct and practice.
  6. The board shall by regulation create an area of limited professional licensing in the field of barbering for non-chemical barbering that allows a person to practice barbering without the use of chemicals and chemical processes. The limitation must be stated on the license.

History. (§ 1 ch 159 SLA 1980; am § 6 ch 137 SLA 1986; am § 14 ch 94 SLA 1987; am §§ 8 — 11 ch 57 SLA 1999; am §§ 8 — 11 ch 93 SLA 2000; am § 8 ch 35 SLA 2003; am §§ 4, 5 ch 27 SLA 2015; am §§ 5, 6 ch 12 SLA 2017; am §§ 11 — 14 ch 23 SLA 2018)

Cross references. —

For license duration and renewal, see AS 08.01.100 .

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For licensing requirements, see 12 AAC 9, art. 4.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, in (a), added “manicuring” and “and meets other applicable requirements under this chapter” in the first sentence, deleted the second sentence, which read, “The board shall authorize the issuance of a license to practice manicuring to each applicant who has satisfied the requirements of AS 08.13.080(b) . The board shall authorize the issuance of an endorsement to a license to practice manicuring or hairdressing indicating that the person is an advanced manicurist to each applicant who has satisfied the requirements of AS 08.13.080(c) .”, and deleted “or endorsement” after “entitled to a license” in the introductory language of (d).

The 2017 amendment, effective June 17, 2017, in (a), in the first sentence, deleted “manicuring,” following “hairdressing,”, added the third and fourth sentences; in (d), in the first sentence of the introductory language, inserted “or endorsement” following “entitled to a license”.

The 2018 amendment, effective January 1, 2019, in (a), added the last sentence and made stylistic changes; in (b), substituted “barbering, non-chemical barbering, hairdressing, hair braiding;” for “barbering, hairdressing,” and made related changes; in (d), inserted “hair braiding,” following “another state to practice” and made related and stylistic changes; added (f).

Sec. 08.13.110. School license.

  1. The board shall adopt regulations for the licensing of schools of barbering, hairdressing, manicuring, and esthetics. The regulations must include details of the curriculum, minimum hours of instruction, physical condition of the facilities, and financial responsibility of the owner. The curriculum required for a school of hairdressing must include the curriculum required for a school of manicuring.
  2. [Repealed, § 12 ch 27 SLA 2015.]
  3. [Repealed, § 12 ch 27 SLA 2015.]
  4. The board shall issue a license to a school of manicuring if the school offers a curriculum of 12 hours of instruction or training approved by the board that addresses health, safety, and hygiene concerns of manicuring customers and practitioners that are relevant to the practice of manicuring. A school of manicuring may offer instruction in addition to the 12 hours required for a license, but the board may not issue a license to a school of manicuring if the school requires its students to complete more than 12 hours of the required instruction or training in health, safety, and hygiene concerns before the school will certify that the student has completed the school’s manicuring course for purposes of AS 08.13.080(e) .
  5. A school of manicuring may seek approval from the board for a curriculum designed to qualify students for an advanced manicurist endorsement. The board shall establish the curriculum requirements applicable under this subsection through its authority under (a) of this section.

History. (§ 1 ch 159 SLA 1980; am §§ 12, 13 ch 57 SLA 1999; am § 12 ch 27 SLA 2015; am § 7 ch 12 SLA 2017)

Administrative Code. —

For schools and curriculum, see 12 AAC 9, art. 5.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, repealed (b) and (c).

The 2017 amendment, effective June 17, 2017, added (d) and (e).

Opinions of attorney general. —

The Board of Barbers and Hairdressers has authority under this section to set requirements for schools, and under AS 08.13.082 , to permit apprenticeship only in “approved” shops so that it retains significant authority to regulate instruction in those professions. September 24, 1985 Op. Att’y Gen.

Sec. 08.13.120. Shop license.

  1. The board shall adopt regulations for the licensing of shops. The regulations must require that a shop for tattooing, permanent cosmetic coloring, or body piercing be inspected and certified by the Department of Environmental Conservation as being in compliance with the regulations adopted under AS 44.46.020 before a shop license may be issued under this subsection. A shop owner shall be licensed to operate a shop without examination, but, unless the shop owner is a practitioner, the shop owner may not conduct business without employing a manager who is a practitioner. This subsection does not apply to a shop for the practice of barbering, hairdressing, hair braiding, or esthetics located in a community having a population of less than 1,000 people that is not within 25 miles of a community of more than 1,000 people.
  2. The regulations adopted under (a) of this section must include provisions under which the board may issue a temporary shop license to a person who has a license or temporary permit under this chapter to practice tattooing, permanent cosmetic coloring, or body piercing. The temporary shop license authorized under this subsection may only be issued to cover a site where the practitioner intends to hold a workshop or to demonstrate techniques as part of a convention or other special event, as defined by the board, that includes other practitioners of tattooing, permanent cosmetic coloring, or body piercing. Each practitioner of tattooing, permanent cosmetic coloring, or body piercing who holds a workshop or demonstrates techniques at a convention or special event shall have a separate temporary shop license and a license or temporary permit under this chapter to practice tattooing, permanent cosmetic coloring, or body piercing. The board shall issue a temporary shop license upon receipt of an application from a practitioner demonstrating compliance with the regulations adopted under this section and payment of the appropriate fee; however, the temporary shop license may be summarily revoked, without refunding of the fee, if the Department of Environmental Conservation determines after an inspection that the cleanliness or sanitation conditions at the site covered by the temporary license pose a clear and immediate danger to the public health or safety. A licensee may appeal a summary revocation under this subsection to the superior court.

History. (§ 1 ch 159 SLA 1980; am §§ 12, 13 ch 93 SLA 2000; am § 15 ch 23 SLA 2018)

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For licensing requirements, see 12 AAC 9, art. 4.

For body piercing, tattooing, or permanent cosmetic coloring shops, see 18 AAC 23, art. 3.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (a), inserted “hair braiding,” following “hairdressing,” in the last sentence; made stylistic changes throughout the section.

Sec. 08.13.130. Display of license or permit.

  1. A practitioner shall display the practitioner’s license in a conspicuous location in the practitioner’s place of business. Each shop owner is responsible for the conspicuous display of the shop’s license and the licenses of employees and individuals renting booths in the shop. A person holding a student permit, temporary license, or temporary permit shall display the permit or license in a conspicuous location in the school in which the person is enrolled or the shop in which the person works. The school or shop owner is responsible for the display of a permit or license for each enrolled student, apprentice, or temporary license holder.
  2. A license issued to a manicurist by the department must state that the manicurist has successfully completed a course of instruction or training in health, safety, and hygiene concerns related to the practice of manicuring.

History. (§ 1 ch 159 SLA 1980; am § 7 ch 137 SLA 1986; am §§ 14, 15 ch 57 SLA 1999; am § 16 ch 23 SLA 2018)

Administrative Code. —

For licensing requirements, see 12 AAC 9, art. 4.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (a), rewrote the second sentence, which read, “Each shop owner is responsible for the display of the licenses of employees.”

Sec. 08.13.140. Lapsed license.

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

History. (§ 1 ch 159 SLA 1980; am § 8 ch 137 SLA 1986)

Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license or permit.

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

History. (§ 1 ch 159 SLA 1980; am § 16 ch 57 SLA 1999; am § 14 ch 93 SLA 2000)

Administrative Code. —

For body piercing, tattooing, or permanent cosmetic coloring shops, see 18 AAC 23, art. 3.

Collateral references. —

Cancellation or suspension irrespective of licensee’s personal fault, validity of statute or rule making specified conduct or condition the ground for, 3 ALR2d 107.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Sec. 08.13.160. Application of license requirements.

  1. A person holding a valid license to practice barbering under former AS 08.12 is licensed under this chapter and may continue to practice barbering under the conditions imposed by former AS 08.12 and the regulations adopted under former AS 08.12 until the license expires.
  2. A person holding a valid license under former AS 08.28 may continue to practice under the conditions imposed under former AS 08.28 and the regulations adopted under former AS 08.28 until the license expires.
  3. A person holding a valid license issued under former AS 08.12 or former AS 08.28 shall be entitled upon its expiration to a license to practice under this chapter in the field of practice for which the person was originally licensed, without meeting requirements for new licensure.
  4. The licensing and permit provisions of this chapter do not apply to
    1. a person practicing barbering, hairdressing, hair braiding, manicuring, or esthetics in a community having a population of less than 1,000 people that is not within 25 miles of a community of more than 1,000 people and who does not use chemicals or uses only chemicals available to the general public;
    2. a licensed health care professional;
    3. a person licensed by another licensing jurisdiction in a field of practice licensed by this chapter while demonstrating techniques or products to persons holding licenses or permits under this chapter;
    4. a person practicing tattooing, permanent cosmetic coloring, or body piercing solely on the person’s own body;
    5. the practice of manicuring by a student as part of instruction in a 12-hour course approved under AS 08.13.110(d) .
  5. The board shall adopt regulations to permit a person licensed under this chapter to practice barbering, hairdressing, hair braiding, manicuring, or esthetics outside a licensed shop or school for limited purposes including
    1. care of clients confined to an institution or health care facility;
    2. care of clients with limited mobility;
    3. participation in charitable events; and
    4. participation in workshops or demonstrations of techniques or products.
  6. A person licensed under this chapter to practice hairdressing is considered to be licensed to practice manicuring, hair braiding, and limited esthetics under the same license.

History. (§ 1 ch 159 SLA 1980; am §§ 9, 10 ch 137 SLA 1986; am §§ 17, 18 ch 57 SLA 1999; am §§ 15, 16 ch 93 SLA 2000; am § 1 ch 133 SLA 2002; am §§ 6, 7 ch 27 SLA 2015; am §§ 8, 9 ch 12 SLA 2017; am §§ 17 — 19 ch 23 SLA 2018)

Administrative Code. —

For licensing requirements, see 12 AAC 9, art. 4.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, deleted (d)(2) and (3), which read, “(2) the practice of manicuring by a student as part of instruction in a 12-hour course approved under AS 08.13.110(b) ;

“(3) a shampoo person;” redesignated the following paragraphs accordingly, and deleted “manicuring and” after “licensed to practice” in (f).

The 2017 amendment, effective June 17, 2017, added (d)(5), and made a related change; in (f), inserted “manicuring” following “licensed to practice”.

The 2018 amendment, effective January 1, 2019, in (d), in (d)(1), inserted “hair braiding,” following “hairdressing,” and “does not use chemicals or” following “1,000 people and who”, and made a stylistic change in (d)(4); in the introductory language in (e), inserted “hair braiding, manicuring,” following “hairdressing,”; in (f), inserted “hair braiding,” following “manicuring”.

Sec. 08.13.170. Temporary permits.

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

History. (§ 1 ch 159 SLA 1980; am § 11 ch 137 SLA 1986; am § 19 ch 57 SLA 1999; am § 17 ch 93 SLA 2000; am § 20 ch 23 SLA 2018)

Administrative Code. —

For licensing requirements, see 12 AAC 9, art. 4.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in the first sentence, inserted “hair braiding,” following “hairdressing,” and made a stylistic change.

Sec. 08.13.175. Temporary license.

A person who meets the requirements of AS 08.13.080(a)(1) , (2), (3), (4), or (6) is entitled to be temporarily licensed after applying for examination under this chapter if the applicant works under the direct supervision, and within the physical presence, of a person who is licensed in the area of practice for which the applicant has applied for examination. A temporary license issued under this section is valid for 120 days and is nonrenewable. A person may not receive more than one temporary license for each area of practice licensed under this chapter. An application for a temporary license must be signed by the supervising licensee and accompanied by the temporary license fee required under AS 08.13.185 .

History. (§ 20 ch 57 SLA 1999; am § 8 ch 27 SLA 2015; am § 10 ch 12 SLA 2017)

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, substituted “(5), or (7)” for “(6)”.

The 2017 amendment, effective June 17, 2017, near the beginning of the first sentence, substituted “AS 08.13.080(a)(1) , (2), (3), (4), or (6)” for “AS 08.13.080(a)(1) , (2), (3), (4), (5), or (7)”.

Sec. 08.13.180. Student permits.

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

History. (§ 1 ch 159 SLA 1980; am § 12 ch 137 SLA 1986; am § 21 ch 57 SLA 1999; am § 18 ch 93 SLA 2000; am § 9 ch 27 SLA 2015; am § 21 ch 23 SLA 2018)

Administrative Code. —

For examination applications and standards, see 12 AAC 9, art. 1.

For schools and curriculum, see 12 AAC 9, art. 5.

For student permits, training, and apprentices, see 12 AAC 9, art. 6.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, added “manicuring,” in the first sentence.

The 2018 amendment, effective January 1, 2019, in the first and third sentences, substituted commas for “and” following “tattooing”.

Sec. 08.13.183. Use of title; unlicensed use prohibited.

  1. A person licensed to practice manicuring in the state may use the title “licensed nail technician.”
  2. A person who uses the title “licensed nail technician” who is not licensed to practice manicuring under this chapter is guilty of a violation.

History. (§ 10 ch 27 SLA 2015)

Effective dates. —

Section 16, ch. 27, SLA 2015 makes this section effective January 1, 2016.

Sec. 08.13.185. Fees.

  1. The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for initial licenses and renewals for the following:
    1. schools;
    2. school owners;
    3. instructor;
    4. shop owner;
    5. practitioner of barbering;
    6. practitioner of hairdressing;
    7. practitioner of manicuring;
    8. practitioner of esthetics;
    9. practitioner of tattooing;
    10. practitioner of body piercing;
    11. temporary shop license;
    12. temporary permit;
    13. temporary license;
    14. student permit;
    15. endorsement for advanced manicuring;
    16. practitioner of hair braiding;
    17. practitioner of permanent cosmetic coloring;
    18. practitioner of non-chemical barbering.
  2. The department shall set fees under AS 08.01.065 for examination and investigation.

History. (§ 1 ch 159 SLA 1980; am § 11 ch 37 SLA 1985; am § 22 ch 57 SLA 1999; am § 19 ch 93 SLA 2000; am § 11 ch 27 SLA 2015; am § 11 ch 12 SLA 2017; am § 22 ch 23 SLA 2018)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in (a) of this section in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (a) of this section in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Effect of amendments. —

The 2015 amendment, effective January 1, 2016, deleted “endorsements” in the introductory language of (a), deleted (a)(9), which read, “endorsement for advanced manicurist” and redesignated the following paragraphs accordingly.

The 2017 amendment, effective June, 17, 2017, added (a)(15), and made a related change.

The 2018 amendment, effective January 1, 2019, in (a), deleted “and permanent cosmetic coloring” at the end of (a)(9), added (a)(16) – (18), and made a related change.

Sec. 08.13.190. Failure to possess a license or permit.

  1. A person who practices barbering, hairdressing, hair braiding, esthetics, tattooing, permanent cosmetic coloring, or body piercing, or operates a shop, or operates a school of barbering, hairdressing, or esthetics, or teaches in a school of barbering, hairdressing, or esthetics, without a license, temporary permit, temporary license, or student permit and who is not exempt under AS 08.13.120 or under AS 08.13.160(d) is guilty of a class B misdemeanor.
  2. A person who practices manicuring, operates a shop for manicuring, operates a school of manicuring, or teaches in a school of manicuring without the appropriate license, temporary permit, temporary license, or student permit and who is not exempt under AS 08.13.120 or 08.13.160(d) is guilty of a violation.

History. (§ 1 ch 159 SLA 1980; am §§ 23, 24 ch 57 SLA 1999; am § 20 ch 93 SLA 2000; am § 23 ch 23 SLA 2018)

Cross references. —

For sentences for misdemeanors, see AS 12.55.035 and 12.55.135 .

Administrative Code. —

For schools and curriculum, see 12 AAC 9, art. 5.

For student permits, training, and apprentices, see 12 AAC 9, art. 6.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (a), inserted “hair braiding,” following “hairdressing,” and made a stylistic change.

Sec. 08.13.195. Civil penalty.

  1. In addition to any other provision of law, if a person violates AS 08.13.070 or 08.13.217 , the board may enter an order levying a civil penalty.
  2. A civil penalty levied under this section may not exceed $5,000 for each offense. In levying a civil penalty, the board shall set the amount of the penalty imposed under this section after taking into account appropriate factors, including the seriousness of the violation, the economic benefit resulting from the violation, the history of violations, and other matters the board considers appropriate.
  3. Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request, within 30 days of issuance of notice by the board, a hearing on the record.
  4. In connection with proceedings under (a) and (b) of this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce a subpoena.
  5. A person aggrieved by the levy of a civil penalty under this section may file an appeal with the superior court for judicial review of the penalty under AS 44.62.560 .
  6. If a person fails to pay a civil penalty within 30 days after entry of an order under (a) of this section, or if the order is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the board of an order appealed under (e) of this section, the board shall notify the attorney general. The attorney general may commence a civil action to recover the amount of the penalty.
  7. An action to enforce an order under this section may be combined with an action for an injunction under AS 08.01.087 .

History. (§ 21 ch 93 SLA 2000)

Article 3. General Provisions.

Sec. 08.13.200. Deposit of receipts. [Repealed, § 54 ch 37 SLA 1985.]

Sec. 08.13.210. Health and sanitary conditions.

  1. Health and sanitary conditions in shops and schools of
    1. barbering, hairdressing, hair braiding, manicuring, and esthetics shall be supervised by the board;
    2. tattooing, permanent cosmetic coloring, and body piercing shall be supervised by the Department of Environmental Conservation.
  2. The Department of Environmental Conservation shall conduct an annual inspection of each shop licensed for the practice of tattooing, permanent cosmetic coloring, or body piercing to ensure that the shop meets the department’s standards of cleanliness and sanitation established under AS 44.46.020 . If the Department of Environmental Conservation determines that the shop is not in compliance with a regulation of the department, the department shall report the violation to the board and take appropriate action under its own regulations.

History. (§ 1 ch 159 SLA 1980; am § 13 ch 137 SLA 1986; am § 25 ch 57 SLA 1999; am §§ 22, 23 ch 93 SLA 2000; am § 24 ch 23 SLA 2018)

Administrative Code. —

For licensing requirements, see 12 AAC 9, art. 4.

For schools and curriculum, see 12 AAC 9, art. 5.

For barbering, hairdressing, manicuring, or esthetics schools and shops, see 18 AAC 23, art. 2.

For body piercing, tattooing, or permanent cosmetic coloring shops, see 18 AAC 23, art. 3.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (a)(1), inserted “hair braiding,” following “hairdressing,”, added “shall be supervised by the board;” at the end, and made related and stylistic changes; in (b), deleted “for the practice of” preceding “body piercing” and made stylistic changes.

Sec. 08.13.215. Notification requirements for tattooing, permanent cosmetic coloring, and body piercing.

  1. Before performing a tattooing, permanent cosmetic coloring, or body piercing procedure on a client, a practitioner shall give written educational information, approved by the board, to the client.
  2. After completing a tattooing, permanent cosmetic coloring, or body piercing procedure on a client, the practitioner shall give written aftercare instructions, approved by the board, to the client. The written instructions
    1. must include advice to the client to consult a physician at the first sign of infection;
    2. must contain the name, address, and telephone number of the shop where the procedure was performed;
    3. shall be signed and dated by the client and the practitioner; the practitioner shall keep the original and provide a copy to the client.
  3. The owner of a shop for tattooing, permanent cosmetic coloring, or body piercing shall prominently display
    1. a copy of the statement provided by the board under AS 08.13.030(b) that advises the public of the health risks and possible consequences of tattooing, permanent cosmetic coloring, or body piercing, as applicable;
    2. the names, addresses, and telephone numbers of the Department of Commerce, Community, and Economic Development and the Department of Environmental Conservation and a description of how a complaint about the shop or a practitioner in the shop may be filed with either entity or with the board.

History. (§ 24 ch 93 SLA 2000; am § 1 ch 14 SLA 2005; am § 25 ch 23 SLA 2018)

Revisor’s notes. —

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (c)(2) of this section, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For licensing requirements, see 12 AAC 9, art. 4.

Effect of amendments. —

The 2018 amendment, effective January 1, 2018, in (a) and (b), substituted “or body piercing procedure” for “procedure or a body piercing procedure”, and made stylistic changes throughout the section.

Legislative history reports. —

For governor’s transmittal letter for ch. 14, SLA 2005 (SB 52), amending (c) of this section, see 2005 Senate Journal 42 — 43.

Sec. 08.13.217. Tattooing and permanent cosmetic coloring or body piercing on a minor.

  1. A person may not practice tattooing or permanent cosmetic coloring on a minor.
  2. A person may not practice body piercing on a minor without prior written permission from the minor’s parent or legal guardian and the presence of the parent or legal guardian during the body piercing procedure. The person who performs the body piercing shall keep a copy of the written permission on file for at least three years.
  3. A person who with criminal negligence violates this section is guilty of a class B misdemeanor. In this subsection, “criminal negligence” has the meaning given in AS 11.81.900 .

History. (§ 24 ch 93 SLA 2000; am § 26 ch 23 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective January 1, 2018, in (a), substituted “practice tattooing or permanent cosmetic coloring” for “practice tattooing and permanent cosmetic coloring”.

Sec. 08.13.220. Definitions.

In this chapter,

  1. “apprentice” means a person who receives on-the-job training under direct supervision;
  2. “barbering” means shaving, trimming, or cutting, styling, curling, permanent waving, bleaching, coloring, cleansing, or chemically straightening the beard or hair of a living person for a fee and for cosmetic purposes;
  3. “board” means the Board of Barbers and Hairdressers;
  4. “body piercing” means puncturing the body of a person by aid of needles or other instruments designed to be used to puncture the body for the purpose of inserting jewelry or other objects in or through the human body, except that, for purposes of this chapter, “body piercing” does not include puncturing the external part of the human ear;
  5. “esthetics” means the use of the hands, appliances, cosmetic preparations, antiseptics, or lotions in massaging, cleansing, stimulating, or similar work on the scalp, face or neck, including skin care, make-up, and temporary removal of superfluous hair, for cosmetic purposes for a fee;
  6. “hair braiding” means braiding natural hair, natural fibers, synthetic fibers, and hair extensions, trimming hair extensions for braiding purposes, and attaching natural and synthetic hair by braiding for cosmetic purposes and for a fee; “hair braiding” does not include styling wigs or making wigs;
  7. “hairdressing” means performing, for a fee, the following services for cosmetic purposes:
    1. trimming or cutting the beard of a living person; and
    2. arranging, styling, dressing, curling, temporary waving, permanent waving, cutting, singeing, bleaching, coloring, cleansing, conditioning, or similar work on the hair of a living person;
  8. “instructor” means a person who teaches barbering, hairdressing, manicuring, or esthetics in a school or who supervises an apprentice in barbering, hairdressing, or esthetics;
  9. “limited esthetics” means to perform for a fee for cosmetic purposes
    1. temporary removal of superfluous hair on the face or neck, including eyebrow arching by use of wax; or
    2. application of makeup or false eyelashes;
  10. “manicuring”
    1. means, for a fee, to
      1. cut, trim, polish, color, tint, or cleanse a natural or artificial nail;
      2. affix material by artificial means to a natural nail for the addition to or extension of the natural nail;
      3. cleanse, treat, or beautify the hands or feet for cosmetic purposes; or
      4. otherwise treat the nails of the hand or foot except as provided in (B) of this paragraph;
    2. notwithstanding (A) of this paragraph, does not include
      1. massage treatment; or
      2. cleansing, treating, or beautifying the hands or feet solely for the treatment of disease or physical or mental ailments;
  11. “non-chemical barbering” means shaving, trimming, cutting, styling, or curling the beard or hair of a living person for a fee and for cosmetic purposes;
  12. “permanent cosmetic coloring” means tattooing for the purpose of simulating hair or makeup, such as permanent eyeliner, lip color, eyebrows, and eyeshadow;
  13. “practitioner” means a person licensed to practice barbering, non-chemical barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing, permanent cosmetic coloring, or body piercing under this chapter;
  14. “shampoo person” means a person who, for a fee and under the supervision of a practitioner of barbering or hairdressing, cleanses or conditions the hair of the human head with products that have no effect other than cleaning or conditioning the hair;
  15. “shop” is an establishment operated for the purpose of engaging in barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing, permanent cosmetic coloring, or body piercing;
  16. “tattooing ” means the process by which the skin is marked or colored to form indelible marks, figures, or decorative designs for nonmedical purposes by inserting or ingraining an indelible pigment into or onto the skin, microblading, or microneedling.

History. (§ 1 ch 159 SLA 1980; am §§ 14 — 17 ch 137 SLA 1986; am §§ 26 — 31 ch 57 SLA 1999; am §§ 25 — 28 ch 93 SLA 2000; am § 2 ch 133 SLA 2002; am §§ 27 — 30 ch 23 SLA 2018)

Revisor’s notes. —

This section was reorganized in 1987, 1999, 2000, 2002, and 2018 to maintain alphabetical order.

Effect of amendments. —

The 2018 amendment, effective January 1, 2018, in (10) [now (13)], inserted “non-chemical barbering,” following “barbering,” and “hair braiding,” following “hairdressing,”; in (12) [now (15)], inserted “hair braiding,” following “hairdressing,”; rewrote (13) [now (16)], which read, “’tattooing and permanent cosmetic coloring’ means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into the dermal layer of the skin so as to form indelible marks, figures, or decorative designs for nonmedical purposes.”; added (14) [now (6)], (15) [now (11)], and (16) [now (12)]; made related and stylistic changes throughout.

Chapter 15. Behavior Analysts.

Effective dates. —

Section 3, ch. 41, SLA 2014, which enacted this chapter, took effect on September 16, 2014.

Sec. 08.15.010. Practice of behavior analysis without license prohibited.

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

History. (§ 3 ch 41 SLA 2014)

Editor’s notes. —

Under sec. 6, ch. 41, SLA 2014, the licensing requirement in this section will not apply until September 16, 2016 “to a person who has been practicing behavior analysis in this state for at least three of the five years immediately preceding September 16, 2014, is certified by the Behavior Analyst Certification Board, Inc., and is practicing behavior analysis within the scope of that certification.” See sec. 6, ch. 41, SLA 2014 in the 2014 Temporary and Special Acts for the complete applicability provisions for this section.

Sec. 08.15.020. Qualifications for license.

  1. The department shall issue a license to practice behavior analysis to a person who
    1. applies to the department on a form provided by the department;
    2. pays the fees established by the department;
    3. has passed the Board Certified Behavior Analyst Examination offered by the Behavior Analyst Certification Board, Inc., or another examination approved by the department;
    4. is currently certified by the Behavior Analyst Certification Board, Inc., or another certifying entity approved by the department;
    5. furnishes evidence satisfactory to the department that the person has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.15.060 ; and
    6. has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 .
  2. The department shall issue a license to practice as an assistant behavior analyst to a person who
    1. applies to the department on a form provided by the department;
    2. pays the fees established by the department;
    3. has passed the Board Certified Assistant Behavior Analyst Examination offered by the Behavior Analyst Certification Board, Inc., or another examination approved by the department;
    4. is currently certified by the Behavior Analyst Certification Board, Inc., or another certifying entity approved by the department;
    5. furnishes evidence satisfactory to the department that the person has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.15.060 ;
    6. has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 ; and
    7. provides proof acceptable to the department that the person is directly supervised by a licensed behavior analyst.

History. (§ 3 ch 41 SLA 2014)

Sec. 08.15.030. Temporary license.

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

History. (§ 3 ch 41 SLA 2014)

Sec. 08.15.040. Renewal of license.

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

History. (§ 3 ch 41 SLA 2014)

Sec. 08.15.050. Grounds for suspension, revocation, or refusal to issue a license.

The department may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee

  1. secured a license through deceit, fraud, or intentional misrepresentation;
  2. engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
  3. advertised professional services in a false or misleading manner;
  4. has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;
  5. failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;
  6. continued to practice after becoming unfit because of
    1. professional incompetence;
    2. addiction or severe dependency on alcohol or a drug that impairs the licensee’s ability to practice safely;
    3. physical or mental disability;
  7. engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.

History. (§ 3 ch 41 SLA 2014)

Sec. 08.15.060. Disciplinary sanctions.

  1. When the department finds that a licensee is guilty of an offense under AS 08.15.050 , the department may impose the following sanctions singly or in combination:
    1. permanently revoke the license to practice;
    2. suspend the license for a determinate period of time;
    3. censure the licensee;
    4. issue a letter of reprimand to the licensee;
    5. place the licensee on probationary status and require the licensee to
      1. report regularly to the department on matters involving the basis of probation;
      2. limit practice to those areas prescribed;
      3. continue professional education until a satisfactory degree of skill has been reached in areas determined by the department to need improvement;
    6. impose limitations or conditions on the practice of the licensee.
  2. The department may withdraw probationary status of a licensee if it finds that the deficiencies that required the sanction have been remedied.
  3. The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A licensee whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings not later than seven days after the effective date of the order. The licensee may appeal the suspension after a hearing to a court of competent jurisdiction.

History. (§ 3 ch 41 SLA 2014)

Sec. 08.15.070. Exemptions.

This chapter does not apply to

  1. a person licensed in this state performing behavior analysis within the scope of practice for which the person’s license was issued;
  2. a student or trainee who is enrolled in a behavior analysis program approved by the department while performing duties under the program under the direct supervision of a person licensed under this chapter;
  3. an individual who directly implements applied behavior analysis services, or family member implementing a behavior analysis plan within the home, who acts under the direction of a licensed behavior analyst or licensed assistant behavior analyst;
  4. an applied animal behaviorist who practices exclusively with nonhumans;
  5. a person who works in organizational behavior management;
  6. a person supervised by a licensed behavior analyst who is gaining experience for certification by the Behavior Analyst Certification Board, Inc., or another certifying entity approved by the department.

History. (§ 3 ch 41 SLA 2014)

Sec. 08.15.080. Regulations.

The department shall adopt regulations to implement this chapter, including

  1. continuing education requirements; and
  2. standards for licensure by credentials.

History. (§ 3 ch 41 SLA 2014)

Sec. 08.15.090. Definitions.

In this chapter,

  1. “behavior analysis” means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior, the empirical identification of functional relations between behavior and environmental factors, and the utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and engage in behaviors under specific environmental conditions; “behavior analysis” does not include psychological testing, diagnosis of a mental or physical disorder, or the practice of neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, or long-term counseling;
  2. “department” means the Department of Commerce, Community, and Economic Development.

History. (§ 3 ch 41 SLA 2014)

Chapter 16. Basic Sciences.

[Repealed, § 1 ch 87 SLA 1970.]

Chapter 18. Construction Contractors and Home Inspectors.

Administrative Code. —

For construction contractors, see 12 AAC 21.

For home inspectors, see 12 AAC 22.

Notes to Decisions

Legislative history, purposes and provisions of chapter. —

See Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

Legislative intent. —

Through this chapter, the legislature was seeking to guarantee payment of the contractor’s employees’ wages, taxes and suppliers. Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

This chapter is plainly designed to protect suppliers of contractors from nonpayment. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Scope of contractor’s surety bond. —

A construction contractor failed to pay premiums to its workers’ compensation insurer. The insurer sued the contractor’s statutory surety bond, claiming the failure to pay was “a breach of contract in the conduct of the contracting business” under this chapter. Because the breach did not relate to the sort of activities the chapter addresses, the insurer was not allowed to recover against the bond. The legislature singled out contractors for bonding and registration requirements because it thought the activities described in AS 08.18.171 (4) pose significant risks. The legislature did not require contractors to have surety bonds in order to cover the sort of routine contract breaches common to most businesses. Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Collateral references. —

Construction Financial Management Association, Financial Management and Accounting for the Construction Industry (Matthew Bender).

Steven G.M. Stein, Construction Law (Matthew Bender).

Right of architect or engineer licensed in one state to recover compensation for services rendered in another state, or in connection with construction in another state, where he was not licensed in the latter state, 32 ALR3d 1151.

Article 1. Registration.

Administrative Code. —

For contractor registration, see 12 AAC 21, art. 1.

For home inspector registration, see 12 AAC 22, art. 1.

Sec. 08.18.010. Creation and composition of board. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.011. Registration required.

  1. A person may not submit a bid or work as a contractor until that person has been issued a certificate of registration as a contractor by the department. A partnership or joint venture shall be considered registered as a contractor if one of the general partners or venturers whose name appears in the name under which the partnership or venture does business is registered as a contractor.
  2. A general contractor may not use a bid or proposal from, award a bid or proposal to, contract with, or allow a person required to be registered under this chapter to work for the general contractor as a specialty contractor unless the person is registered as a specialty contractor under this chapter.
  3. Unless exempt under AS 08.18.156 or serving lawfully as an associate home inspector under (d) of this section, an individual may not perform a home inspection for a residence
    1. not previously occupied as a residence unless that individual is registered as a home inspector for new homes under this chapter;
    2. previously occupied as a residence unless that individual is registered as a home inspector for existing homes under this chapter.
  4. Notwithstanding (c) of this section, an individual who is not registered as a home inspector under this chapter may perform a home inspection as an associate home inspector if the individual is
    1. employed by a registered home inspector who supervises the associate’s work and the inspection is of the type that the supervising individual is authorized to perform; and
    2. registered with the department as an associate home inspector.
  5. A registered home inspector who employs an associate home inspector under (d) of this section is liable for the work done by the associate home inspector.
  6. An individual who holds a joint registration for home inspection is considered to be registered as both a home inspector for new homes and a home inspector for existing homes.

History. (§ 2 ch 100 SLA 1968; am § 1 ch 83 SLA 1985; am § 1 ch 163 SLA 1988; am §§ 4, 5 ch 134 SLA 2003)

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

Notes to Decisions

Use of registered name not required. —

While a joint venture is not required to hold itself out to the public at large under a registered name in order to be doing business in that name, it must at least use that name in its dealings with the contracting party and in its business dealings with others against whom it may later seek to bring claims. Fomby v. Whisenhunt, 680 P.2d 787 (Alaska 1984).

Determination of contractor status. —

Under Alaska’s flexible approach for determining contractor status, set forth in AS 08.18.151 , a builder’s agreement to frame houses for a property owner did not, standing alone, make the builder a person acting in the capacity of a contractor, and thus, did not require the builder to register as a contractor. Larson v. Benediktsson, 152 P.3d 1159 (Alaska 2007).

Because a contractor did not fall under the finished products exemption, it was required to register as a specialty steel contractor to install tower-mounted wind turbines. Therefore, the contractor's counterclaim against a property owner, who cancelled a contract to install a wind turbine on the owner's property and sued the contractor to recover the owner's down payment, was prohibited. Daggett v. Feeney, 397 P.3d 297 (Alaska 2017).

Satisfying AS 08.18.051 is not prerequisite. —

No specific language makes satisfaction of AS 08.18.051 a prerequisite to a finding that this section is satisfied. Fomby v. Whisenhunt, 680 P.2d 787 (Alaska 1984).

Substantial compliance abrogates bar of AS 08.18.151 . —

The statutory bar of AS 08.18.151 may be abrogated by a general contractor’s substantial compliance with this section. Jones v. Short, 696 P.2d 665 (Alaska 1985).

Substantial compliance with chapter not shown. —

Where a subcontractor was neither registered nor bonded until the day before it completed work, it did not substantially comply with this chapter. Lost Valley Timber, Inc. v. Power City Constr., Inc., 809 F.2d 590 (9th Cir. Alaska 1987).

Mechanical contractors. —

As a condition of registration, a mechanical contractor must be licensed as a mechanical administrator or employ someone who is so licensed. Mech. Contrs. of Alaska, Inc. v. State, 91 P.3d 240 (Alaska), amended, — P.3d — (Alaska 2004).

Anyone engaged in building trades must be charged with awareness of the pervasive system of licenses and permits designed to enhance the public safety and confidence in the industry. Sumner Dev. Corp. v. Shivers, 517 P.2d 757 (Alaska 1974).

Advertising for work as contractor. —

Advertising for work as a contractor does not come within the statutory prohibition against submitting a bid or working as a contractor without a certificate of registration. State v. Alford, 825 P.2d 937 (Alaska Ct. App. 1992).

Applied in

Gross v. Bayshore Land Co., 710 P.2d 1007 (Alaska 1985); Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Quoted in

State ex rel. Smith v. Tyonek Timber, Inc., 680 P.2d 1148 (Alaska 1984); Brandner v. Agre, 80 P.3d 691 (Alaska 2003).

Cited in

Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981); Alaska Protection Servs. v. Frontier Colorcable, 680 P.2d 1119 (Alaska 1984); McCormick v. City of Dillingham, 16 P.3d 735 (Alaska 2001); O'Connor v. Star Ins. Co., 83 P.3d 1 (Alaska 2003).

Collateral references. —

Contractor’s failure to procure license or permit as affecting enforceability of contract or right of recovery for work done, 44 ALR4th 271.

Sec. 08.18.013. Categories of contractors.

The department may adopt regulations establishing categories of contractors and the registration or endorsement requirements for persons in those categories.

History. (§ 2 ch 99 SLA 1990)

Notes to Decisions

Stated in

Daggett v. Feeney, 397 P.3d 297 (Alaska 2017).

Administrative Code. —

For specialty contractor trades, see 12 AAC 21, art. 2.

For mechanical contractor, see 12 AAC 21, art. 3.

For residential contractor endorsement, see 12 AAC 21, art. 4.

Sec. 08.18.020. Qualifications of members. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.021. Application for registration.

  1. An applicant for registration as a contractor or home inspector shall submit an application under oath upon a form to be prescribed by the commissioner and that must include the following information pertaining to the applicant:
    1. the applicant’s social security number;
    2. if applying to be a registered contractor, the type of contracting activity, whether a general or a specialty contractor and, if the latter, the type of specialty;
    3. if applying to be a registered home inspector, whether the applicant is applying to inspect new homes or existing homes, or both;
    4. if applying to be a registered contractor, the name and address of each partner if the applicant is a firm or partnership, or the name and address of the owner if the applicant is an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant is a corporation; and
    5. if applying to be a registered home inspector, the name and address of the applicant.
  2. The information contained in the application shall be a matter of public record and open to public inspection.

History. (§ 2 ch 100 SLA 1968; am § 6 ch 134 SLA 2003)

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

For specialty contractor trades, see 12 AAC 21, art. 2.

For mechanical contractor, see 12 AAC 21, art. 3.

For registration, see 12 AAC 22, art. 1.

Notes to Decisions

Cited in

Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Sec. 08.18.022. Home inspectors; associate home inspectors.

  1. The department shall issue a certificate of registration as a home inspector for new homes, existing homes, or both, as appropriate, to an individual who
    1. passes the appropriate home inspection examination; for purposes of this paragraph, the appropriate home inspection examination for an individual who applies to be registered for inspection of
      1. existing homes is the examination offered by the American Society of Home Inspectors or National Association of Home Inspectors;
      2. new homes or for a joint registration is the examination offered by the International Code Council;
    2. meets the educational and experience requirements adopted by the department in regulations for the type of registration applied for;
    3. submits a complete application for registration either
      1. within three years after passing the examination required under (1) of this subsection; or
      2. accompanied by documentation that the applicant has completed continuing education requirements established by the department;
    4. within the seven years preceding the date of application, has not been under a sentence for an offense related to forgery, theft in the first or second degree, extortion, or defrauding creditors or for a felony involving dishonesty;
    5. has not had the authority to perform home inspections revoked in this state or in another jurisdiction;
    6. is not the subject of an unresolved criminal complaint or unresolved disciplinary action before a regulatory authority in this state or in another jurisdiction related to real estate or home inspection matters; and
    7. pays the appropriate fees.
  2. An individual may register with the department as an associate home inspector upon application, payment of the required fee, and determination by the department that the individual
    1. within the seven years preceding the date of application, has not been under a sentence for an offense related to forgery, theft in the first or second degree, extortion, or defrauding creditors or for a felony involving dishonesty;
    2. has not had the authority to perform home inspections revoked in this state or in another jurisdiction; and
    3. is not the subject of an unresolved criminal complaint or unresolved disciplinary action before a regulatory authority in this state or in another jurisdiction related to real estate or home inspection matters.

History. (§ 7 ch 134 SLA 2003; am § 2 ch 106 SLA 2004)

Editor’s notes. — The National Association of Home Inspectors (NAHI) went out of business in 2016. At that time NAHI announced that NAHI members would become members of the American Society of Home Inspectors.

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For registration, see 12 AAC 22, art. 1.

Sec. 08.18.023. Pre-inspection documents and inspection reports.

  1. Before performing a home inspection, a registered home inspector or associate home inspector shall provide to the person on whose behalf a home is inspected a written document that includes the home inspector’s registration number and that specifies
    1. the scope of intended inspection; the scope of the intended inspection may include systems and components that are not listed in AS 08.18.171 (8); and
    2. that the inspector will notify in writing the person on whose behalf the inspection is being made of defects noted during the inspection along with a recommendation, if any, that experts be retained to conduct further evaluation through examination and analysis by a qualified professional, tradesperson, or service technician beyond that provided by the home inspection to determine the extent of defects and corrective action necessary to address the defects.
  2. After performance of a home inspection, a registered home inspector or associate home inspector shall give a written home inspection report to the person requesting the inspection. The written report must include the home inspector’s registration number and a review of the condition of each system and component identified as being within the scope of the intended inspection under (a) of this section except that a home inspector’s written report for new construction that is the subject of a loan by the Alaska Housing Finance Corporation or another lender may be in the form required by the corporation or other lender, as appropriate.
  3. In addition to the written inspection report required under (b) of this section, an oral inspection report may be given by the inspector during or after the inspection.
  4. A home inspection report is valid for 180 days after the date the home inspector signs and dates the report.

History. (§ 7 ch 134 SLA 2003)

Revisor’s notes. —

In 2003, in paragraph (a)(1), “AS § 08.18.171(8)” was substituted for “AS § 08.18.171(12)” to reflect the 2003 renumbering of AS § 08.18.171(12).

Cross references. —

For violation of (b) of this section as an unlawful trade practice, see AS 45.50.471(b) .

Sec. 08.18.024. Specialty contractors.

  1. The department may authorize the limited use of specific construction techniques or materials that are defined by the department as part of one specialty trade by a specialty contractor licensed in a different specialty trade if those construction techniques or materials are a small but inseparable part of what is required to complete that specialty contractor’s work.
  2. Notwithstanding (a) of this section, a specialty contractor may perform work that requires the use of not more than three trades.

History. (§ 1 ch 121 SLA 1990; am § 1 ch 144 SLA 2004; am § 1 ch 70 SLA 2014)

Administrative Code. —

For specialty contractor trades, see 12 AAC 21, art. 2.

Effect of amendments. —

The 2014 amendment, effective January 1, 2015, deleted (b)(2), which read “is exempt under AS 08.18.16(8)”, and made related changes.

Notes to Decisions

Specialty steel contractor.—

Because a contractor did not fall under the finished products exemption, it was required to register as a specialty steel contractor to install tower-mounted wind turbines. Daggett v. Feeney, 397 P.3d 297 (Alaska 2017).

Sec. 08.18.025. Residential contractors.

  1. A general contractor may not undertake the construction or alteration, or submit a bid to undertake the construction or alteration of a privately-owned residential structure of one to four units or advertise or publicly represent that the general contractor may undertake work of this type in the state without a residential contractor endorsement issued under this section.  In this subsection, “alteration” means changes that have a value greater than 25 percent of the value of the structure being altered.
  2. The department shall issue a residential contractor endorsement to a person who
    1. has a certificate of registration as a general contractor;
    2. passes a residential contractor examination, which shall be offered by the department at least once each year in each judicial district; the examination, which may be written or practical, may test competence in relation to arctic structural and thermal construction techniques and other matters as determined by the department in consultation with representatives of the construction industry;
    3. applies for an endorsement within 12 months after passing the examination required under (2) of this subsection;
    4. within the two years preceding the date of application for the endorsement, has satisfactorily completed either the Alaska craftsman home program sponsored by the department, or its equivalent, or a postsecondary course in arctic engineering, or its equivalent;
    5. within the seven years preceding the date of application, has not been under a sentence for an offense related to forgery, theft in the first or second degree, extortion, or conspiracy to defraud creditors or for a felony involving dishonesty; and
    6. pays the appropriate fees.
  3. The department may not renew an endorsement issued under this section unless the applicant submits proof of continued competency relating to residential contracting that satisfies the department.  A lapsed endorsement may be reinstated, within two years after the lapse, upon proof of continued competency, payment of a renewal fee for the intervening time period, and payment of any penalty fee established under AS 08.01.100(b) .  If the endorsement has been lapsed for more than two years, the department may not reinstate it until the person also passes the residential contractor examination described in (b) of this section.

History. (§ 3 ch 99 SLA 1990; am § 1 ch 7 SLA 2002)

Revisor’s notes. —

Enacted as AS 08.18.024 . Renumbered in 1990.

In 1999, in (b)(4) of this section, “Community and Economic Development” was substituted for “Community and Regional Affairs” to correct a manifest error in enactment by the omission of reference to AS 08.18.025(b) in § 91(a)(1), ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (b)(4) of this section, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For transitional licensing provisions, see § 11, ch. 99, SLA 1990 in the Temporary and Special Acts; for temporary exemption with respect to work performed in communities with 2,500 or fewer residents, see § 12, ch. 99, SLA 1990 in the Temporary and Special Acts.

Administrative Code. —

For residential contractor endorsement, see 12 AAC 21, art. 4.

Legislative history reports. —

For Senate letter of intent in connection with CS SSSB 72 (Fin), from which ch. 99, SLA 1990, which enacted this section, derived, see 1990 Senate Journal 2449 and 2475.

Notes to Decisions

Quoted in

Loughlin v. Rudnick (In re Rudnick), — B.R. — (Bankr. D. Alaska Aug. 22, 2011).

Sec. 08.18.026. Electrical contractors.

  1. The department may not issue a certificate of registration as an electrical contractor to an applicant unless the applicant is, or employs, a person currently licensed as an electrical administrator under AS 08.40.
  2. Each applicant for an electrical contractor’s certificate of registration may employ more than one electrical administrator.
  3. If the relationship of the only electrical administrator with a registered electrical contractor is terminated, the registration is void 30 days after the next regularly scheduled examination unless the electrical contractor has hired a licensed electrical administrator in the interim.

History. (§ 1 ch 53 SLA 1977)

Notes to Decisions

Quoted in

Allison v. State, 583 P.2d 813 (Alaska 1978).

Cited in

Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Sec. 08.18.028. Mechanical contractors.

  1. The department may not issue a certificate of registration as a mechanical contractor to an applicant unless the applicant is, or employs, a person currently licensed as a mechanical administrator under AS 08.40.
  2. Each applicant for a mechanical contractor’s certificate of registration may employ more than one mechanical administrator.
  3. If the relationship of the only mechanical administrator with a registered mechanical contractor is terminated, the registration is void 30 days after the next regularly scheduled mechanical administrator’s examination unless the mechanical contractor has hired a licensed mechanical administrator in the interim.

History. (§ 3 ch 132 SLA 1988)

Administrative Code. —

For mechanical contractor, see 12 AAC 21, art. 3.

Notes to Decisions

Quoted in

Mech. Contrs. of Alaska, Inc. v. State, 91 P.3d 240 (Alaska 2004).

Sec. 08.18.030. Terms of office. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.031. Certificate of registration.

  1. Except as provided in (c) of this section, a certificate of registration shall be renewed under the same requirements as for an original registration, and the commissioner shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.
  2. The commissioner may not issue a certificate of registration or renew the registration of an applicant whose registration has been revoked or suspended or against whom a fine has been imposed under this chapter until the period of revocation or suspension has expired and any fine has been paid.
  3. A certificate of registration as a home inspector may not be renewed unless the home inspector has complied with the continuing competency requirements established by the department. The department shall adopt regulations establishing the continuing competency requirements. The department shall require at least eight hours of continuing competency activity for each licensing period. The regulations must provide that a continuing competency activity approved by one of the following entities satisfies the continuing competency requirements of this subsection if the activity meets the requirements established by the department in regulations adopted under this subsection:
    1. Alaska Housing Finance Corporation;
    2. University of Alaska;
    3. American Society of Home Inspectors Alaska Chapter;
    4. a chapter of the International Code Council Alaska;
    5. Alaska State Home Building Association; or
    6. a state agency that offers an activity that meets the requirements set by the department.

History. (§ 2 ch 100 SLA 1968; am § 1 ch 49 SLA 1972; am § 1 ch 108 SLA 1982; am § 1 ch 81 SLA 1984; am § 2 ch 83 SLA 1985; am § 15 ch 94 SLA 1987; am §§ 8, 9 ch 134 SLA 2003)

Cross references. —

For certificate duration and renewal, see AS 08.01.100 .

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

For renewal and reinstatement, see 12 AAC 22, art. 2.

For continuing competency requirements, see 12 AAC 22, art. 3.

Notes to Decisions

Cited in

Jones v. Short, 696 P.2d 665 (Alaska 1985); Gross v. Bayshore Land Co., 710 P.2d 1007 (Alaska 1985).

Sec. 08.18.040. Officers of board. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.041. Fees.

  1. The department shall set fees under AS 08.01.065 for
    1. registration and renewal of registration for all categories of contractors;
    2. registration and renewal of registration for a home inspector qualified to inspect new homes;
    3. registration and renewal of registration for a home inspector qualified to inspect existing homes;
    4. joint registration and renewal of joint registration for home inspectors;
    5. registration and renewal of registration as an associate home inspector;
    6. examinations for applicants for home inspector registration;
    7. examination, issuance of initial endorsement, and renewal of active or inactive endorsements for residential contractors; and
    8. departmental publications and seminars related to this chapter.
  2. A person who fails a residential contractor examination or home inspector examination shall pay the examination fee set by the department if the person applies to retake an examination.

History. (§ 2 ch 100 SLA 1968; am § 2 ch 81 SLA 1984; am § 12 ch 37 SLA 1985; am § 4 ch 132 SLA 1988; am § 4 ch 99 SLA 1990; am § 10 ch 134 SLA 2003)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For registration, see 12 AAC 22, art. 1.

For renewal and reinstatement, see 12 AAC 22, art. 2.

Notes to Decisions

Cited in

Jones v. Short, 696 P.2d 665 (Alaska 1985); Brandner v. Agre, 80 P.3d 691 (Alaska 2003).

Sec. 08.18.050. Meetings and quorum. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.051. Identification requirements for contractors.

  1. Except as provided otherwise by law, a person who has registered as a contractor under one name as required by this chapter may not act in the capacity of a contractor under any other name unless that name also is registered.
  2. All advertising, contracts, correspondence, cards, signs, posters, papers, and documents prepared by a contractor for the contracting business must show the contractor’s name, mailing address, and address of the contractor’s principal place of business.  Advertising and contracts must also include the contractor’s registration number.
  3. Individual contractors and partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses and the true name of the contractor firm at all times while acting in the capacity of a contractor or performing related activities.

History. (§ 2 ch 100 SLA 1968; am § 3 ch 83 SLA 1985; am § 11 ch 134 SLA 2003)

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

Notes to Decisions

Section not prerequisite to satisfying AS 08.18.011 . —

No specific language makes satisfaction of this section a prerequisite to a finding that AS 08.18.011 is satisfied. Fomby v. Whisenhunt, 680 P.2d 787 (Alaska 1984).

Penalty for violating section. —

The penalty for violating this section is contained in AS 08.18.141 , which makes it a misdemeanor to violate any provision of the chapter; and AS 08.18.151 should only be applied to bar an action when the contractor has not registered at all at the time of contracting. Alaska Protection Servs. v. Frontier Colorcable, 680 P.2d 1119 (Alaska 1984).

Applied in

Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Stated in

Gross v. Bayshore Land Co., 710 P.2d 1007 (Alaska 1985).

Sec. 08.18.053. Identification requirements for home inspectors.

  1. Except as provided otherwise by law, an individual who is registered as a home inspector or associate home inspector under this chapter by one name may not act in the capacity of a home inspector or associate home inspector under any other name.
  2. All advertising and business cards prepared by a registered home inspector or associate home inspector for the home inspection business must show the inspector’s name, mailing address, and registration number.
  3. Individual registered home inspectors and partners, associates, agents, salespeople, solicitors, officers, and employees of registered home inspectors shall use their true names and addresses and the true name of the home inspecting firm at all times while acting in the capacity of a registered home inspector or performing related activities.
  4. Individuals who are exempt from registration under AS 08.18.156(a) or whose actions are not considered to be home inspections under AS 08.18.156(b) may not hold themselves out to be registered home inspectors or use words or titles that may reasonably be confused with the title of “registered home inspector” or “home inspector” unless they are registered as a home inspector under this chapter.

History. (§ 12 ch 134 SLA 2003)

Sec. 08.18.060. Executive director. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.061. Requirements of political subdivision.

A contractor or home inspector who is registered with the state under this chapter may not be required to give bond in applying for or holding a license issued by a political subdivision for a similar occupation.

History. (§ 2 ch 100 SLA 1968; am § 13 ch 134 SLA 2003)

Sec. 08.18.070. Expenses. [Repealed, § 1 ch 100 SLA 1968.]

Article 2. Bond and Insurance.

Sec. 08.18.071. Bond required.

  1. Except as provided in (d) and (e) of this section, each applicant shall, at the time of applying for a certificate of registration, file with the commissioner a surety bond running to the state conditioned upon the applicant’s promise to pay all
    1. taxes and contributions due the state and political subdivisions;
    2. persons furnishing labor or material or renting or supplying equipment to the applicant; and
    3. amounts that may be adjudged against the applicant by reason of negligent or improper work or breach of contract in the conduct of the contracting business or home inspection activity, as applicable, or by reason of damage to public facilities occurring in the course of a construction project.
  2. The amount of the bond for a
    1. general contractor shall be $25,000;
    2. general contractor with a residential contractor endorsement under AS 08.18.025 who performs exclusively residential work shall be $20,000;
    3. mechanical or specialty contractor or home inspector shall be $10,000; or
    4. contractor whose work on one project with an aggregate contract price of $10,000 or less, including all labor, materials, and other items, when the work is not part of a larger or major operation or otherwise divided into contracts of less than $10,000 to evade a higher bonding requirement, shall be $5,000.
  3. The bond required by this section remains in effect until cancelled by action of the surety, the principal, or the commissioner. An action may not be commenced upon the bond later than three years after its cancellation. In lieu of the surety bond required by this section, the applicant may file with the commissioner a cash deposit or other negotiable security acceptable to the commissioner in the amount specified for bonds.
  4. A general contractor or specialty contractor who is in compliance with the surety bond or deposit requirements of (a) and (b) of this section is not required to file another surety bond or increase a deposit with the commissioner when the general contractor or specialty contractor applies to be a registered home inspector. However, if the general contractor or specialty contractor subsequently is neither a general contractor nor a specialty contractor and becomes only a registered home inspector, the home inspector shall provide a surety bond or deposit in lieu of the bond in the manner and amount required for registered home inspectors under this section.
  5. An applicant for, or holder of, a certificate of registration as a home inspector may, in lieu of filing with the commissioner a surety bond or deposit that meets the requirements of this section, file evidence satisfactory to the commissioner that the applicant is employed by a registered home inspector who is in compliance with the surety bond or deposit requirements of this section.

History. (§ 2 ch 100 SLA 1968; am § 1 ch 15 SLA 1977; am § 4 ch 83 SLA 1985; am § 5 ch 132 SLA 1988; am §§ 14, 15 ch 134 SLA 2003; am §§ 3, 4 ch 106 SLA 2004; am §§ 2, 3 ch 70 SLA 2014)

Cross references. —

For provision relating to immediate or delayed applicability of the 2014 amendments to subsection (b) to persons see sec. 6, ch. 70, SLA 2014.

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

For registration, see 12 AAC 22, art. 1.

Effect of amendments. —

The 2014 amendment, effective January 1, 2015, rewrote (b), which read, “If the applicant is a general contractor, the amount of the bond shall be $10,000; if the applicant is a mechanical or specialty contractor or home inspector, the amount of the bond shall be $5,000. In lieu of the surety bond, the applicant may file with the commissioner a cash deposit or other negotiable security acceptable to the commissioner in the amount specified for bonds.”; in (c), added the third sentence.

Notes to Decisions

Duty of licensing bond insurer. —

Nothing in this chapter imposes on licensing bond sureties a duty to independently investigate third-party claims against bonded contractors, and insurer, by virtue of issuing the licensing bond, does not owe homeowners an actionable duty to independently investigate their claim against the contractor. O'Connor v. Star Ins. Co., 83 P.3d 1 (Alaska 2003).

Material and equipment excluded from operation of section. —

AS 08.18.161 (5), which makes the chapter inapplicable to materials and equipment not incorporated or consumed in the construction of a structure, operates to exclude such material and equipment from the operation of this section and AS 08.18.081 . Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

Legislative intent precludes recovery of workers’ compensation insurance premiums. —

Alaska legislature intended to limit statutory contract breach claims, and thus claims against the bonds, to breaches of contracts that are directly related to the sorts of listed activities that caused the legislature to conclude that regulation was necessary; therefore, an insurer was not allowed to recover unpaid workers’ compensation insurance premiums from a surety bond since that was not directly related to the conduct of the work of a contractor. Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Recovery for unpaid insurance premiums excluded. —

Workers’ compensation insurance is not like labor or materials for purposes of recovering for unpaid insurance premiums under a surety bond. Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Quoted in

State ex rel. Smith v. Tyonek Timber, Inc., 680 P.2d 1148 (Alaska 1984).

Cited in

Allison v. State, 583 P.2d 813 (Alaska 1978); Jones v. Short, 696 P.2d 665 (Alaska 1985); Brandner v. Agre, 80 P.3d 691 (Alaska 2003).

Sec. 08.18.080. Inspection or investigation by board. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.081. Claims against contractor or home inspector.

  1. Except as provided in AS 08.18.085 , a person having a claim against a contractor or home inspector for any of the items referred to in AS 08.18.071 may bring suit upon the bond in the district court of the judicial district in which venue lies. A copy of the complaint shall be served by registered or certified mail upon the commissioner at the time suit is filed, and the commissioner shall maintain a record, available for public inspection, of all suits commenced. Two additional copies shall be served upon the director of the division of insurance with the payment to the director of a fee set under AS 21.06.250 , taxable as costs in the action. This service upon the director shall constitute service on the surety, and the director shall transmit the complaint or a copy of it to the surety within 72 hours after it has been received. The surety upon the bond is not liable in an aggregate amount in excess of that named in the bond, but in case claims pending at any one time exceed the amount of the bond, the claims shall be satisfied from the bond in the following order:
    1. labor, including employee benefits;
    2. taxes and contributions due the state, city, and borough, in that order;
    3. material and equipment;
    4. claims for breach of contract;
    5. repair of public facilities.
  2. If a judgment is entered against the cash deposit, the commissioner, upon receipt of a certified copy of a final judgment, shall pay the judgment from the amount of the deposit, in accordance with the priorities set out in (a) of this section.
  3. If the claim for which a person may bring suit under (a) of this section is subject to AS 09.45.881 09.45.899 , the person may not bring suit unless the person complies with AS 09.45.881 09.45.899 .

History. (§ 2 ch 100 SLA 1968; am § 9 ch 127 SLA 1974; am § 1 ch 17 SLA 1985; am § 6 ch 37 SLA 1986; am § 16 ch 134 SLA 2003; am § 1 ch 136 SLA 2003)

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

For registration, see 12 AAC 22, art. 1.

Notes to Decisions

Material and equipment excluded from operation of section. —

AS 08.18.161 (5), which makes the chapter inapplicable to materials and equipment not incorporated or consumed in the construction of a structure, operates to exclude such material and equipment from the operation of AS 08.18.071 and this section. Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

Recovery for unpaid insurance premiums excluded. —

Alaska legislature intended to limit statutory contract breach claims, and thus claims against the bonds, to breaches of contracts that are directly related to the sorts of listed activities that caused the legislature to conclude that regulation was necessary; therefore, an insurer was not allowed to recover unpaid workers’ compensation insurance premiums from a surety bond since that was not directly related to the conduct of the work of a contractor. Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Cited in

Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981); O'Connor v. Star Ins. Co., 83 P.3d 1 (Alaska 2003).

Sec. 08.18.085. Legal actions against home inspector.

  1. Notwithstanding contrary provisions of AS 08.18.081 or AS 09.10, a person may not bring an action against an individual registered under this chapter based on a home inspection report unless the action is commenced within one year.
  2. The limitation in (a) of this section applies to all actions based on a home inspection report, regardless of whether the action is based on breach of contract, personal injury or death, property damage, or another source of liability except that (a) of this section is not applicable to an action based on gross negligence or intentional misconduct by the home inspector. The limitation may not be waived by contract.
  3. A person may not bring an action against an individual registered under this chapter for damages that arise from an act or omission relating to a home inspection performed by the individual unless the person
    1. was a party to the real estate transaction for which the home inspection was conducted;
    2. received the home inspection report with the written consent of the party for whom the home inspection was originally performed; or
    3. acquired the property for which the home inspection report was conducted by inheritance or bequest from a person who could have brought an action under (1) or (2) of this subsection.
  4. Contractual provisions that purport to limit the liability of a home inspector to the cost of the home inspection report are contrary to public policy and void.

History. (§ 17 ch 134 SLA 2003)

Sec. 08.18.090. Regulations of the board. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.091. Cancellation of bond.

This chapter does not impair the right of a bonding company to cancel its bond of a contractor for lawful reasons.

History. (§ 2 ch 100 SLA 1968)

Sec. 08.18.100. License required. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.101. Insurance required.

  1. Each applicant, at the time of applying for registration or upon renewal of registration, shall file with the commissioner satisfactory evidence that the applicant has in effect
    1. to the extent required under AS 23.30, workers’ compensation insurance that is purchased from a private insurer who is admitted to do business in the state and that shows coverage in this state, appropriate employee classifications, and rates applicable in this state, or a valid workers’ compensation self-insurance certificate issued by the Alaska Workers’ Compensation Board; and
    2. public liability and property damage insurance covering the applicant’s contracting operations in this state in the sum of not less than $20,000 for damage to property, $50,000 for injury, including death, to any one person, and $100,000 for injury, including death, to more than one person; this requirement does not apply to an applicant whose contracting operations are for work on projects where each project has an aggregate contract price, including all labor, materials, and other items of $2,500 or less.
  2. Proof of insurance coverage for an applicant under (a) of this section may be satisfied by providing evidence that the applicant is covered by a policy in effect for the applicant’s employer at least to the extent required under (a) of this section.

History. (§ 2 ch 100 SLA 1968; am § 2 ch 121 SLA 1990; am § 5 ch 106 SLA 2004; am § 4 ch 70 SLA 2014)

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

For registration, see 12 AAC 22, art. 1.

Effect of amendments. —

The 2014 amendment, effective January 1, 2015, in (a)(2), added the language beginning “; this requirement does not apply” to the end of the paragraph.

Notes to Decisions

Applied in

Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Quoted in

State ex rel. Smith v. Tyonek Timber, Inc., 680 P.2d 1148 (Alaska 1984).

Stated in

Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

Cited in

Jones v. Short, 696 P.2d 665 (Alaska 1985); Gross v. Bayshore Land Co., 710 P.2d 1007 (Alaska 1985); Brandner v. Agre, 80 P.3d 691 (Alaska 2003).

Sec. 08.18.110. Classification of licenses. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.111. Advertising bond and insurance.

Contractors and home inspectors may not advertise that they are bonded and insured simply because they have complied with the bond and insurance requirements of this chapter.

History. (§ 2 ch 100 SLA 1968; am § 18 ch 134 SLA 2003)

Sec. 08.18.115. Return of cash deposit.

  1. A contractor or home inspector who has filed a cash deposit and who ceases doing business as a contractor or home inspector may request the return of as much of that cash deposit as is held by the commissioner by
    1. filing a notarized statement with the commissioner that the contractor or home inspector has ceased doing business as a contractor or home inspector, as applicable; and
    2. filing a notarized statement with the commissioner at least three years after filing the statement in (1) of this subsection that
      1. requests return of the cash deposit;
      2. certifies that the former contractor or home inspector has not been engaged in business as a contractor or home inspector, as applicable, for at least three years; and
      3. certifies that to the best of the contractor’s or home inspector’s knowledge no action has been commenced upon the cash deposit that has not been dismissed or reduced to a final judgment that has been satisfied.
  2. The commissioner, after paying any judgments against the cash deposit under AS 08.18.081(b) , shall return the remainder of a former contractor’s or former home inspector’s cash deposit to the contractor or home inspector, as applicable, if
    1. the former contractor or former home inspector has complied with (a) of this section; and
    2. no action has been commenced upon the cash deposit that has not been dismissed or reduced to a final judgment that has been satisfied.

History. (§ 2 ch 15 SLA 1977; am § 19 ch 134 SLA 2003)

Article 3. Enforcement.

Sec. 08.18.116. Investigations.

  1. Either the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development may investigate alleged or apparent violations of this chapter relating to contractors. The Department of Commerce, Community, and Economic Development may investigate alleged or apparent violations of this chapter relating to home inspection activities. These departments, upon showing proper credentials, may enter, during regular hours of work, a construction site where it appears that contracting work is being done. The departments may make inquiries about the identity of the contractor or the person acting in the capacity of a contractor. The Department of Commerce, Community, and Economic Development may make inquiries about the identity of a home inspector or a person acting in the capacity of a home inspector. Upon demand, a contractor or home inspector or person acting in the capacity of a contractor or home inspector, or that person’s representative, shall produce evidence of current endorsement, if applicable, and registration.
  2. If an owner files a notice of the advertisement of a structure for sale or the sale of a structure during the period of construction or for two years after the period of construction begins under AS 08.18.161 (11), the department shall investigate and take appropriate action under this chapter if the notice and circumstances indicate that the owner is operating a business for which the owner is required to register as a contractor under this chapter.

History. (§ 5 ch 83 SLA 1985; am § 5 ch 99 SLA 1990; am § 20 ch 134 SLA 2003; am § 10 ch 59 SLA 2018)

Revisor's notes. —

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999 and “Department of Labor” was changed to read “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For provision relating to the applicability of subsection (b), see sec. 12(c), ch. 59, SLA 2018, in the 2018 Temporary and Special Acts.

Effect of amendments. —

The 2018 amendment, effective October 11, 2018, added (b).

Notes to Decisions

Applied in

Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Sec. 08.18.117. Issuance of citations.

Except as provided in AS 08.18.125 , either the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development may issue a citation for a violation if there is probable cause to believe a person has violated this chapter with respect to contractor activities. The Department of Commerce, Community, and Economic Development may issue a citation for a violation if there is probable cause to believe a person has violated this chapter with respect to home inspection activities. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.

History. (§ 5 ch 83 SLA 1985; am § 21 ch 134 SLA 2003; am § 1 ch 9 SLA 2006)

Revisor’s notes. —

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999 and “Department of Labor” was changed to read “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section in accordance with § 3, ch. 47, SLA 2004.

Notes to Decisions

Applied in

Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Sec. 08.18.118. Procedure and form of citation issuance and procedure.

  1. A citation issued under this chapter must comply with AS 12.25.175 12.25.230 . A person receiving the citation is not required to sign a notice to appear in court.
  2. The time specified in the notice to appear on a citation issued under this chapter must be at least five working days after the issuance of the citation.
  3. The Department of Commerce, Community, and Economic Development and the Department of Labor and Workforce Development are responsible for the issuance of books containing appropriate citations, and each shall maintain a record of each book issued and each citation contained in it. Each department shall require and retain a receipt for every book issued to an employee of that department.
  4. The department that issues a citation under this chapter shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense.  Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor.  The department that issued the citation may not dispose of it or copies of it or of the record of its issuance except as required under this subsection and (e) of this section.
  5. The Department of Commerce, Community, and Economic Development and the Department of Labor and Workforce Development shall require the return of a copy of every citation issued by the respective department under this chapter and of all copies of every citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator.  The departments shall also maintain, in connection with every citation issued by the respective department, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.
  6. A citation issued under this chapter is considered to be a lawful complaint for the purpose of prosecution.

History. (§ 5 ch 83 SLA 1985; am §§ 14 — 16 ch 29 SLA 2010)

Revisor’s notes. —

In 1999, in (c) and (e) of this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999 and “Department of Labor” was changed to read “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

In 2004, in (c) and (e) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in accordance with § 3, ch. 47, SLA 2004.

Editor’s notes. —

Under § 61, ch. 29, SLA 2010, the 2010 amendments to (a), (b), and (f) of this section apply “to all citations issued . . . for violations occurring on or after July 1, 2010.”

Sec. 08.18.119. Failure to obey citation.

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

History. (§ 5 ch 83 SLA 1985)

Sec. 08.18.121. Suspension and revocation of registration.

  1. If the insurance required in AS 08.18.101 ceases to be in effect, the registration of the contractor or home inspector shall be suspended until the insurance has been reinstated.
  2. If a final judgment impairs the liability of the surety upon the bond or depletes the cash deposit so that there is not in effect a bond undertaking or cash deposit in the full amount prescribed in AS 08.18.071 , the registration of the contractor or home inspector involved shall be suspended until the bond liability in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.
  3. If a bonding company cancels its bond of a contractor or home inspector, the contractor’s or home inspector’s registration shall be revoked. The contractor or home inspector may again obtain registration by complying with the requirements of this chapter.
  4. If a registered contractor or registered home inspector fails to fulfill the contractor’s or home inspector’s obligations as set out in AS 08.18.071 , the contractor’s or home inspector’s registration shall be suspended for a period of time the commissioner determines is appropriate. After three suspensions, the contractor’s or home inspector’s registration may be permanently revoked.
  5. Proceedings to suspend or revoke a registration issued under this chapter are governed by AS 44.62 (Administrative Procedure Act).
  6. If the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development determines that a contractor or person acting in the capacity of a contractor is in violation of this chapter, that department may give written notice to the person prohibiting further action by the person as a contractor. If the Department of Commerce, Community, and Economic Development determines that a home inspector or a person acting in the capacity of a home inspector is in violation of this chapter, the department may give written notice to the person prohibiting further action by the person as a home inspector. The prohibition in a notice given under this subsection continues until the person has submitted evidence acceptable to the appropriate department showing that the violation has been corrected.
  7. A person affected by an order issued under this chapter may seek equitable relief preventing the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development from enforcing the order.
  8. The endorsement of a residential contractor is automatically suspended or revoked while the contractor’s registration is suspended or revoked.

History. (§ 2 ch 100 SLA 1968; am § 1 ch 37 SLA 1971; am §§ 6, 7 ch 83 SLA 1985; am § 6 ch 99 SLA 1990; am §§ 22 — 26 ch 134 SLA 2003)

Revisor’s notes. —

In 1999, in (f) and (g) of this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999 and “Department of Labor” was changed to read “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

In 2004, in (f) and (g) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

For registration, see 12 AAC 22, art. 1.

Notes to Decisions

Contractor was not barred from bringing an action where his bond had been cancelled six months before he entered into the contract, but his registration was still valid. Hale v. Vitale, 751 P.2d 488 (Alaska 1988).

Applied in

Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Sec. 08.18.123. Denial, suspension, and revocation of endorsement or home inspector registration.

  1. The department may suspend, revoke, or refuse to grant or renew a residential contractor endorsement, a home inspector registration, or an associate home inspector registration upon a finding that
    1. the application is fraudulent or misleading;
    2. the endorsement holder or registrant has knowingly violated this chapter or a lawful order or regulation of the department;
    3. the endorsement holder or registrant is incompetent or has engaged in fraudulent practices.
  2. Proceedings for the denial, suspension, or revocation of residential contractor endorsement, home inspector registration, or associate home inspector registration are governed by AS 44.62 (Administrative Procedure Act).

History. (§ 7 ch 99 SLA 1990; am § 27 ch 134 SLA 2003)

Sec. 08.18.125. Administrative fine and procedure.

  1. Notwithstanding any other remedy available under this chapter and except as provided in (e) of this section, the department may impose an administrative fine of not more than $1,000 for the first violation and not more than $1,500 for a second or subsequent violation of either AS 08.18.011 or 08.18.025 .
  2. The department shall issue a written notice of an administrative fine imposed under (a) of this section, together with a statement of the reason for the fine, a copy of the applicable procedures, and notice of an opportunity to request a hearing, including the contact information for making the request, within 30 days after the date of the notice of the fine.
  3. If a person who is issued a notice of an administrative fine under (b) of this section fails to request a hearing within 30 days after the date of the notice, the right to a hearing is waived, and the administrative fine is not subject to judicial review. A hearing request must be in writing and must clearly state the issues to be raised at the hearing. The department shall schedule a hearing before a hearing officer not earlier than 10 days after receiving the request for a hearing.
  4. A decision of a hearing officer under this section is a final administrative decision subject to review by a superior court under AS 44.62 (Administrative Procedure Act).
  5. The department may not impose an administrative fine on a person who is acting as a contractor or home inspector in an area with a population of 1,000 or less that is not connected by road or rail to Anchorage or Fairbanks.

History. (§ 2 ch 9 SLA 2006)

Sec. 08.18.130. Requirement for license. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.131. Injunction; civil penalty.

In an action instituted in the superior court by the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development, the court may enjoin a person from acting in the capacity of a contractor in violation of this chapter. In an action instituted in the superior court by the Department of Commerce, Community, and Economic Development, the court may enjoin a person from acting in the capacity of a home inspector in violation of this chapter. In addition to other relief, the court may impose a civil penalty of not more than $1,000 for each violation. Each day that an unlawful act continues constitutes a separate violation.

History. (§ 2 ch 100 SLA 1968; am § 2 ch 37 SLA 1971; am § 8 ch 83 SLA 1985; am § 28 ch 134 SLA 2003; am § 3 ch 9 SLA 2006)

Revisor’s notes. —

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999 and “Department of Labor” was changed to read “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section in accordance with § 3, ch. 47, SLA 2004.

Editor’s notes. —

Section 7(a), ch. 9, SLA 2006, provides that the 2006 amendment of this section applies “to a violation occurring on or after June 21, 2006.”

Notes to Decisions

Applied in

Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Sec. 08.18.140. Persons exempt from written examination. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.141. Violations.

  1. A contractor, a home inspector, or a person acting in the capacity of a contractor or home inspector is guilty of a class B misdemeanor if the person
    1. knowingly violates AS 08.18.011 or 08.18.025 ; and
    2. has been previously
      1. convicted of violating AS 08.18.011 or 08.18.025 ;
      2. found guilty of a violation under AS 08.18.117 if the violation involved AS 08.18.011 or 08.18.025; or
      3. fined under AS 08.18.125 .
  2. A contractor, a home inspector, or a person acting in the capacity of a contractor or home inspector who violates a provision of this chapter, other than a violation under (a) of this section, is guilty of a violation punishable under AS 12.
  3. Criminal prosecution for a violation of this chapter does not preclude the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development from seeking available civil or administrative remedies.

History. (§ 2 ch 100 SLA 1968; am § 9 ch 83 SLA 1985; am § 8 ch 99 SLA 1990; am § 29 ch 134 SLA 2003; am § 4 ch 9 SLA 2006)

Revisor's notes. —

In 1999, in (b) of this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999 and “Department of Labor” was changed to read “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

In 2004, in (b) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in accordance with § 3, ch. 47, SLA 2004.

Cross references. -—

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Notes to Decisions

Penalty for violating registered name provision. —

The penalty for violating AS 08.18.051 is contained in this section, which prior to 1985 made it a misdemeanor to violate any provision of the chapter; and AS 08.18.151 should only be applied to bar an action when the contractor has not registered at all at the time of contracting. Alaska Protection Servs. v. Frontier Colorcable, 680 P.2d 1119 (Alaska 1984).

Applied in

Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Quoted in

Brandner v. Agre, 80 P.3d 691 (Alaska 2003).

Cited in

Fomby v. Whisenhunt, 680 P.2d 787 (Alaska 1984).

Sec. 08.18.150. Application. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.151. Legal actions by contractor or home inspector.

A person acting in the capacity of a contractor or home inspector may not bring an action in a court of this state for the collection of compensation for the performance of work or for breach of a contract for which registration is required under this chapter without alleging and proving that the contractor or home inspector was a registered contractor or registered home inspector, as applicable, at the time of contracting for the performance of the work.

History. (§ 2 ch 100 SLA 1968; am § 30 ch 134 SLA 2003)

Notes to Decisions

Strict construction. —

This section imposes a harsh penalty on contractors and thus has not been given a broad or liberal construction; it requires substantial compliance rather than strict compliance with the registration provisions of the statute, the goal being to determine whether the contractor has sufficiently afforded the other party the effective protection of the statute. Alaska Protection Servs. v. Frontier Colorcable, 680 P.2d 1119 (Alaska 1984).

This section causes the forfeiture of an otherwise valid claim. Because of this, it will not be given a broad or liberal construction. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Public policy precludes giving this statute anything but a literal reading; it would be unfair to prevent one from recovering damages for the torts of another simply because his contract is unenforceable. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Determination of contractor status. —

Under Alaska’s flexible approach for determining contractor status, set forth in this section, a builder’s agreement to frame houses for the owner did not, standing alone, make the builder a person acting in the capacity of a contractor within the meaning of this section. Larson v. Benediktsson, 152 P.3d 1159 (Alaska 2007).

Because a contractor did not fall under the finished products exemption, it was required to register as a specialty steel contractor to install tower-mounted wind turbines. Therefore, the contractor's counterclaim against a property owner, who cancelled a contract to install a wind turbine on the owner's property and sued the contractor to recover the owner's down payment, was prohibited. Daggett v. Feeney, 397 P.3d 297 (Alaska 2017).

Contractor was not barred from bringing an action where his bond had been cancelled six months before he entered into the contract, but his registration was still valid. Hale v. Vitale, 751 P.2d 488 (Alaska 1988).

Contract to purchase prefabricated modular homes. —

A contract to purchase prefabricated modular homes was, from the standpoint of the purchaser, a contract for which registration was required within the meaning of this section when the purchaser was not exempt under the provisions of AS 08.18.161 . Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Abrogation of statutory bar. —

The statutory bar of this section may be abrogated by a general contractor’s substantial compliance with AS 08.18.011 . Jones v. Short, 696 P.2d 665 (Alaska 1985).

Statutory bar against a contractor suing for compensation if he was not registered at the time the contract was formed is abrogated if the contractor was in substantial compliance with the registration requirements. McCormick v. Reliance Ins. Co., 46 P.3d 1009 (Alaska 2002).

Statutory bar may be abrogated by a contractor’s substantial compliance with the registration requirements; a court may find substantial compliance if: (1) The contractor’s prior registration or other public information would give the public the same information that current registration would give (i.e., the contractor’s insurance information); and (2) the contractor’s bond and insurance remained effective during the period his or her registration lapsed. Brandner v. Agre, 80 P.3d 691 (Alaska 2003).

Amendment of answer to asset counterclaim. —

District court did not abuse its discretion when, pursuant to Alaska R. Civ. P. 15(a), it permitted a builder to amend an answer to assert counterclaims for unpaid wages against a property owner who had filed an action to cancel the builder’s mechanic’s liens against the property where (1) when the trial court ruled on the builder’s motion to amend his complaint, the district court had no definitive factual basis for concluding that builder could only assert his counterclaims as a person acting in the capacity of a contractor and was therefore barred from suing under this section; (2) the district court ultimately based its decision on the builder’s claim for breach of contract, not his quantum meruit claim, so any error in accepting the equitable claim was harmless at most; (3) and when consideration of an equitable claim was necessary and incidental to the resolution of the district court action founded in contract, resolving the claim did not convert the case into an equitable action under AS 22.15.050 . Larson v. Benediktsson, 152 P.3d 1159 (Alaska 2007).

Application where registered name provision is violated. —

The penalty for violating AS 08.18.051 is contained in AS 08.18.141 , which makes it a misdemeanor to violate any provision of the chapter; and this section should only be applied to bar an action when the contractor has not registered at all at the time of contracting. Alaska Protection Servs. v. Frontier Colorcable, 680 P.2d 1119 (Alaska 1984).

Recovery under Little Miller Act subject to this section. —

Recovery under the Little Miller Act, AS 36.25.020 , is subject to, and not independent of, the express penalty of this section. State ex rel. Smith v. Tyonek Timber, Inc., 680 P.2d 1148 (Alaska 1984).

Applied in

Fomby v. Whisenhunt, 680 P.2d 787 (Alaska 1984); Gross v. Bayshore Land Co., 710 P.2d 1007 (Alaska 1985).

Stated in

Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

Cited in

Lost Valley Timber, Inc. v. Power City Constr., Inc., 809 F.2d 590 (9th Cir. Alaska 1987); Tru-Line Metal Prods. v. U. S. Fabrication & Erection, 52 P.3d 150 (Alaska 2002); O'Connor v. Star Ins. Co., 83 P.3d 1 (Alaska 2003); Loughlin v. Rudnick (In re Rudnick), — B.R. — (Bankr. D. Alaska Aug. 22, 2011).

Collateral references. —

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 ALR3d 637.

Article 4. General Provisions.

Sec. 08.18.152. Prohibited acts for home inspectors.

An individual registered under this chapter as a home inspector or associate home inspector may not

  1. perform or offer to perform, for an additional fee, repairs to a subject property on which the home inspector or the home inspector’s company has prepared a home inspection report in the past 12 months;
  2. inspect for a fee any property in which the home inspector or the home inspector’s company has a financial interest or an interest in the transfer of the property;
  3. offer or deliver compensation, an inducement, or a reward to the owner of the inspected property, the broker, or the agent, for the referral of business to the home inspector or the home inspector’s company;
  4. without the written consent of the home inspection client or the client’s legal representative, disclose information from a home inspection report prepared by the home inspector or the home inspector’s company unless the disclosure is made
    1. to a subsequent client who requests a home inspection of the same premises; or
    2. by the home inspector in an administrative or judicial proceeding in which disclosure of the home inspection report is relevant to resolution of the legal issues in the proceeding;
  5. without the written consent of all interested parties, accept compensation from more than one interested party for the same home inspection services;
  6. accept from a person who has other dealings with a home inspection client a commission or allowance, directly or indirectly, for work for which the home inspector or the home inspector’s company is responsible;
  7. accept an engagement to make an inspection or to prepare a report in which the employment itself or the fee payable for the inspection is contingent upon the conclusions in the report, preestablished findings, or the close of escrow.

History. (§ 31 ch 134 SLA 2003)

Cross references. —

For violation of this section as an unlawful trade practice, see AS 45.50.471(b) .

Sec. 08.18.154. Limitation on home inspector’s activities.

A registration issued under AS 08.18.022 does not authorize the holder to perform an activity for which a license is required under provisions of this title that are outside of this chapter.

History. (§ 31 ch 134 SLA 2003)

Sec. 08.18.156. Exemptions related to home inspections.

  1. Notwithstanding other provisions of this chapter, an individual who inspects a home is not required to be registered under this chapter as a home inspector or associate home inspector if the individual is
    1. employed by the federal or state government, a political subdivision of the state, a regional housing authority created under AS 18.55.996(b) , or a municipality or unincorporated community and the employee is performing only duties that are within the employee’s official duties;
    2. performing a home inspection only with respect to property that is the individual’s residence or in which the individual has a financial interest;
    3. registered as an engineer or architect under AS 08.48, prepares a written report after the inspection, affixes the individual’s seal to the home inspection report, signs and dates the report, and puts the individual’s registration number on the report;
    4. engaged as an engineer in training or architect in training who works for and is supervised by a person described in (3) of this subsection and the person described in (3) of this subsection affixes the person’s seal to the home inspection report, signs and dates the report, and puts the person’s registration number on the report;
    5. licensed as a pesticide applicator by the Department of Environmental Conservation and is performing only activities within the scope of that license;
    6. registered as a general contractor with a residential contractor endorsement under this chapter and is performing only activities within the scope of that registration;
    7. certified as any type of real estate appraiser under AS 08.87 and is performing only activities that are authorized under that certification; or
    8. only determining whether a building complies with the thermal and lighting energy standards required by AS 46.11.040 .
  2. Notwithstanding the definition of “home inspection” in AS 08.18.171 (8), an individual is not considered to be doing a home inspection for purposes of this chapter if the individual
    1. is in the business of repairing, maintaining, or installing any of the systems or components listed in AS 08.18.171 (8); and
    2. inspects the system or component for the sole purpose of determining the condition of the system or component before performing or offering to perform repair, maintenance, or installation work on the system or component.

History. (§ 31 ch 134 SLA 2003)

Revisor’s notes. —

In 2003, “AS 08.18.171 (8)” was substituted for “AS 08.18.171 (12)” to reflect the 2003 renumbering of AS 08.18.171(12).

Sec. 08.18.160. Written examination. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.161. Exemptions.

To the extent that this chapter governs contractors, this chapter does not apply to

  1. an authorized representative of the United States government, the state, or a political subdivision or agency of the state;
  2. an officer of a court when acting within the scope of office;
  3. a public utility operating under the regulations of the Regulatory Commission of Alaska in construction, maintenance, or development work incidental to its own business;
  4. a construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of a petroleum or gas well or a surface or underground mine or mineral deposit when performed by an owner or lessee;
  5. the sale or installation of finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent, fixed part of a structure;
  6. construction, alteration, or repair of personal property;
  7. a person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor;
  8. an owner who contracts for a project with a registered contractor;
  9. a person working on an existing structure on that person’s own property, whether occupied by the person or not, and a person working on that person’s own existing residence, whether owned by the person or not;
  10. an owner or tenant of commercial property who uses the owner’s or tenant’s own employees to do maintenance, repair, and alteration work on that property;
  11. an owner who acts as the owner’s own contractor and in doing so performs the work independently or hires workers or subcontractors, purchases materials, and, as such, sees to the paying for all labor, subcontractors, and materials; in this case, the owner shall be limited to construction of one home, duplex, triplex, four-plex, or commercial building every two years; an owner who advertises the structure under construction for sale or sells the structure during the period of construction or within two years after the period of construction begins shall file, on forms provided by the department, a notice indicating that the owner is not engaged in a business for which the owner is required to register as a contractor under this chapter; for the purposes of this paragraph, construction begins on the date that is the earlier of when the owner
    1. begins the actual construction work; or
    2. enters into an agreement with another person for the other person to provide labor, to act as a subcontractor, or to provide materials for the construction;
  12. a person performing construction work incidental to farming, dairying, agriculture, horticulture, stock or poultry raising, mining, logging, fishing, clearing, or other work on the land in rural districts for fire prevention purposes, or access road building, unless the person is a licensee.

History. (§ 2 ch 100 SLA 1968; am § 1 ch 51 SLA 1976; am §§ 2, 3 ch 108 SLA 1982; am § 3 ch 121 SLA 1990; am § 32 ch 134 SLA 2003; am § 2 ch 144 SLA 2004; am § 5 ch 9 SLA 2006; am § 5 ch 70 SLA 2014; am § 11 ch 59 SLA 2018; am § 20 ch 13 SLA 2019)

Revisor's notes. —

In 2009, in (3) of this section, “Regulatory Commission of Alaska” was substituted for “public service commission” to correct a manifest error in ch. 113, SLA 1970.

Cross references. —

For Regulatory Commission of Alaska, see AS 42.04.

For provision providing legislative intent for this section, see sec. 1, ch. 59, SLA 2018, in the 2018 Temporary and Special Acts. For provision relating to the applicability of the 2018 amendments to this section, see sec. 12(c), ch. 59, SLA 2018 in the 2018 Temporary and Special Acts.

Effect of amendments. —

The 2014 amendment, effective January 1, 2015, repealed (8).

The 2018 amendment, effective October 11, 2018, redesignated former (9) as (8), in (9), inserted “an existing structure on” following “a person working on” and substituted “own existing residence” for “own residence”; in (11), substituted “performs the work independently or hires workers or subcontractors” for “hires workers on an hourly basis, hires subcontractors”, added the language beginning “an owner who advertises the structure under construction for sale or sells the structure during the period of construction” to the end of the paragraph; made related and stylistic changes.

The 2019 amendment, effective October 17, 2019, in (1), substituted “the state” for “the state of Alaska”.

Opinions of attorney general. —

Public utilities are clearly exempt both from construction contractor registration under AS 08.18 and from electrical administrator licensing under AS 08.40, regardless of whether they are bidding against others who are not public utilities for work on projects which are not part of the utility distribution system. June 6, 1984 Op. Att’y Gen.

Notes to Decisions

Material and equipment excluded from operation of AS 08.18.071 and 08.18.081 . —

Paragraph (5) of this section, which makes the chapter inapplicable to materials and equipment not incorporated or consumed in the construction of a structure, operates to exclude such material and equipment from the operation of AS 08.18.071 and 08.18.081 . Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

Paragraph (5) bars the claim of an equipment supplier against a construction contractor’s registration bond when the equipment has not been fabricated into a structure, but rather has become part of the contractor’s capital equipment. Balboa Ins. Co. v. Senco Alaska, 567 P.2d 295 (Alaska 1977).

Subcontractor’s work did not come within literal language of former paragraph (7) where its work was not carried on totally “within” federal boundaries. Lost Valley Timber, Inc. v. Power City Constr., Inc., 809 F.2d 590 (9th Cir. Alaska 1987) (decided prior to 1990 amendment repealing former paragraph relating to construction, alteration, or repair on a site under jurisdiction of the federal government).

Paragraph (7) interpreted. —

Paragraph (8) (now (7)) of this section exists in substantially identical form in statutes in California and Washington, and has been interpreted there to exempt from registration one who prefabricates but does not install materials which become a part of real property. The supreme court of Alaska finds this interpretation persuasive. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Contract to purchase prefabricated modular homes. —

A contract to purchase prefabricated modular homes was, from the standpoint of the purchaser, a contract for which registration was required within the meaning of AS 08.18.151 when the purchaser was not exempt under the provisions of this section. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Because a manufacturer of modular homes had no installation responsibilities under its contract, it was not required to register under this chapter in order to obtain payment in compensation for its performance of that contract. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Owner-builders constructing more than one building per year. —

To construe “undertake” in AS 08.18.171 (3) (now (4)) in the narrower sense of a contractual undertaking would exempt all professional builders who build on their own property for eventual resale. Such a result is plainly not contemplated by the statute since paragraph (13) (now (12)) of this section specifically exempts an owner-builder who constructs one building per year. By clear implication such owner-builders would be covered by the statute except for this exemption, and owner-builders who build more than one building per year are covered by the statute. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Incidental logging activities held not exempt. —

Where the prime contract was for power line construction, even though a subcontractor performing clearing work on the project may have performed logging activities, those were incidental to power line construction, not to logging, and it did not fall within the logging exemption of paragraph (14) (now (13)). Lost Valley Timber, Inc. v. Power City Constr., Inc., 809 F.2d 590 (9th Cir. Alaska 1987).

Applied in

Olsen & Sons Logging v. Owens, 607 P.2d 949 (Alaska 1980).

Quoted in

Gaudiane v. Lundgren, 723 P.2d 1267 (Alaska 1986).

Cited in

State ex rel. Smith v. Tyonek Timber, Inc., 680 P.2d 1148 (Alaska 1984).

Sec. 08.18.170. Licensing of applicants other than individuals. [Repealed, § 1 ch 100 SLA 1968.]

Sec. 08.18.171. Definitions.

In this chapter,

  1. “builder” means general contractor;
  2. “cash deposit” means a cash deposit or other negotiable security filed with the commissioner in lieu of a surety bond under AS 08.18.071(b) ;
  3. “commissioner,” unless the text reads otherwise, means the commissioner of the Department of Commerce, Community, and Economic Development;
  4. “contractor” means a person who, in the pursuit of an independent business, undertakes or offers to perform, or claims to have the capacity to perform, or submits a bid for a project to construct, alter, repair, move, or demolish a building, highway, road, railroad, or any type of fixed structure, including excavation and site development and erection of scaffolding; “contractor” includes a general contractor, builder, mechanical contractor, specialty contractor, and subcontractor;
  5. “department” means the Department of Commerce, Community, and Economic Development, unless the context indicates otherwise;
  6. “existing home” means a residence previously occupied as a residence;
  7. “general contractor” means a contractor whose business operations require the use of more than three trades or the use of mechanical or specialty contractors and subcontractors who are under the supervision of the contractor;
  8. “home inspection” means a visual examination, performed in accordance with standards of practice adopted by the department, of the readily accessible parts of one or more of the following systems and components of a residence or intended residence:
    1. heating and air-conditioning systems;
    2. plumbing and electrical systems;
    3. built-in appliances;
    4. roof, attic, and visible insulation;
    5. walls, ceilings, floors, windows, and doors;
    6. foundation and basement;
    7. visible interior and exterior structures;
    8. drainage to and from the residence;
    9. other systems or components as specified by the department in regulations;
  9. “home inspector” means an individual who performs or offers to perform a home inspection for a fee;
  10. “joint registration” means a certificate of registration that authorizes an individual to inspect both new homes and existing homes;
  11. “knowingly” has the meaning given in AS 11.81.900 ;
  12. “mechanical contractor” means a contractor whose business operations involve plumbing, pipe fitting, sheet metal, heating, air conditioning, ventilating, or sprinkler and dry chemical fire protection trades in order to install or modify mechanical piping and systems, devices, fixtures, and equipment or other mechanical materials subject to the following codes as published by the International Association of Plumbing and Mechanical Officials or the International Conference of Building Officials:
    1. Uniform Plumbing Code;
    2. Uniform Swimming Pool, Spa, and Hot Tub Code;
    3. Uniform Solar Energy Code; and
    4. Uniform Mechanical Code;
  13. “new home” means a residence not previously occupied as a residence;
  14. “residence” means
    1. a single-family home other than a mobile home;
    2. a duplex, triplex, or four-plex; or
    3. a residential townhouse or residential condominium unit;
  15. “residential contractor” means a general contractor whose business and operation involve undertaking the construction or alteration of a privately-owned residential structure of one to four units that is used or intended to be used as a human dwelling;
  16. “specialty contractor” means a contractor, other than a mechanical contractor, whose business operations are described in AS 08.18.024(b) ;
  17. “trade” means a skill used in the field of construction, as defined by regulation by the department;
  18. “visual examination” means an examination performed in person at the physical location of the residence except that, if a method other than personal physical inspection has been approved by the Alaska Housing Finance Corporation under AS 18.56.300(b) , use of the other approved method constitutes a visual examination under this chapter.

History. (§ 2 ch 100 SLA 1968; am § 3 ch 37 SLA 1971; am § 41 ch 218 SLA 1976; am § 3 ch 15 SLA 1977; am § 10 ch 83 SLA 1985; am §§ 6 — 8 ch 132 SLA 1988; am § 9 ch 99 SLA 1990; am § 33 ch 134 SLA 2003; am § 3 ch 144 SLA 2004)

Revisor's notes. —

Reorganized in 1987 to alphabetize the defined terms, and in 1988, 1990, and 2003 to maintain alphabetical order.

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in this section in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For registration, see 12 AAC 21, art. 1.

For specialty contractor trades, see 12 AAC 21, art. 2.

For mechanical contractor, see 12 AAC 21, art. 3.

Editor's notes. --

In 1994, the International Conference of Building Officials merged with two other organizations to form the International Code Council.

Notes to Decisions

Adoption of International Mechanical Code held proper. —

Grant of summary judgment against a corporation and in favor of the Department of Public Safety and the Department of Community and Economic Development (DCED) was proper where there was no indication that the legislature sought to limit the discretion of the DCED to establish licensing requirements for mechanical administrators under AS 08.40.490 and this section. Mech. Contrs. of Alaska, Inc. v. State, 91 P.3d 240 (Alaska), amended, — P.3d — (Alaska 2004).

“Contractor”. —

This section defines “contractor” by the nature of the work performed. Sumner Dev. Corp. v. Shivers, 517 P.2d 757 (Alaska 1974).

If the work falls within a single craft classification, done under the supervision of a general contractor, the person doing the work is nevertheless a “contractor” for the purposes of the statute, although he may be referred to as a “specialty contractor.” Sumner Dev. Corp. v. Shivers, 517 P.2d 757 (Alaska 1974).

That a contract between the parties denominated a construction company a subcontractor is immaterial. Sumner Dev. Corp. v. Shivers, 517 P.2d 757 (Alaska 1974).

One who merely furnished material to an owner or contractor is generally not a “contractor” under statutes similar to Alaska’s licensing act. Olsen & Sons Logging v. Owens, 607 P.2d 949 (Alaska 1980).

Limited liability company which installed tower-mounted wind turbines was required to register as a specialty steel contractor. Daggett v. Feeney, 397 P.3d 297 (Alaska 2017).

“Undertakes”. —

The word “undertakes” as it is used in paragraph (3) (now (4)) of this section is not limited to a contractual undertaking, but must be understood in the more general sense of setting about, engaging in, or entering upon an activity described by the statute. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

To construe “undertake” in paragraph (3) (now (4)) in the narrower sense of a contractual undertaking would exempt all professional builders who build on their own property for eventual resale. Such a result is plainly not contemplated by the statute since AS 08.18.161 (13) (now (12)) specifically exempts an owner-builder who constructs one building per year. By clear implication such owner-builders would be covered by the statute except for this exemption, and owner-builders who build more than one building per year are covered by the statute. Industrial Power & Lighting Corp. v. Western Modular Corp., 623 P.2d 291 (Alaska 1981).

Scope of contractor's surety bond. —

Alaska legislature intended to limit statutory contract breach claims, and thus claims against the bonds, to breaches of contracts that are directly related to the sorts of listed activities that caused the legislature to conclude that regulation was necessary; therefore, an insurer was not allowed to recover unpaid workers’ compensation insurance premiums from a surety bond since that was not directly related to the conduct of the work of a contractor. Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., 153 P.3d 336 (Alaska 2007).

Applied in

Gross v. Bayshore Land Co., 710 P.2d 1007 (Alaska 1985).

Cited in

Alaska Protection Servs. v. Frontier Colorcable, 680 P.2d 1119 (Alaska 1984); Larson v. Benediktsson, 152 P.3d 1159 (Alaska 2007).

Secs. 08.18.180 — 08.18.350. Bond; issuance of license; form and conditions of license; license fees; license renewal; investigations; suspension and revocation of licenses; hearing; renewal of license after suspension or revocation; prohibited acts; disability; lien laws; disclosure of financial information; definitions; short title. [Repealed, § 1 ch 100 SLA 1968.]

Chapter 20. Chiropractors.

Cross references. —

For legislative findings in connection with the 1988 amendments to this chapter, see sec. 1, ch. 60, SLA 1988 in the Temporary and Special Acts.

Administrative Code. —

For board of chiropractic examiners, see 12 AAC 16.

Collateral references. —

61 Am. Jur. 2d, Physicians, Surgeons and Other Healers, § 37.

70 C.J.S., Physicians and Surgeons, §§ 11-57.

Liability of chiropractors for medical malpractice, 77 A.L.R.4th 273.

Article 1. Board of Chiropractic Examiners.

Sec. 08.20.010. Creation and membership of Board of Chiropractic Examiners.

There is created the Board of Chiropractic Examiners consisting of five members appointed by the governor.

History. (§ 35-3-23 ACLA 1949; am § 2 ch 102 SLA 1976)

Notes to Decisions

For constitutionality of ch. 102, SLA 1976, see Plumley v. George E. Hale, M.D., Inc., 594 P.2d 497 (Alaska 1979).

Sec. 08.20.020. Members of board.

Four members of the board shall be licensed chiropractic physicians who have practiced chiropractic in this state not less than two years. One member of the board shall be a person with no direct financial interest in the health care industry. Each member serves without pay but is entitled to per diem and travel expenses allowed by law.

History. (§§ 35-3-23, 35-3-30 ACLA 1949; am § 3 ch 102 SLA 1976; am § 2 ch 162 SLA 1980)

Sec. 08.20.025. Removal of board members.

A member of the board may be removed from office by the governor for cause.

History. (§ 3 ch 162 SLA 1980; am § 3 ch 30 SLA 1992)

Cross references. —

For other grounds for removal, see AS 08.01.020 .

Sec. 08.20.030. Members’ terms; vacancies. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]

Sec. 08.20.040. Organization of board.

Every two years, the board shall elect from its membership a president, vice president and secretary.

History. (§ 35-3-24 ACLA 1949)

Sec. 08.20.050. Power of officers to administer oaths and take testimony.

The president and the secretary may administer oaths in conjunction with the business of the board.

History. (§ 35-3-24 ACLA 1949)

Sec. 08.20.055. Board regulations.

The board shall adopt regulations necessary to effect the provisions of this chapter, including regulations establishing standards for

  1. continuing education;
  2. the application, performance, and evaluation of chiropractic core methodology;
  3. the training, qualifications, scope of practice, and employment of chiropractic interns and chiropractic preceptors;
  4. the designation of one or more nationally recognized certification programs for chiropractic clinical assistants; and
  5. the performance of patient examinations authorized under AS 08.20.100(b) .

History. (§ 1 ch 102 SLA 1966; am § 2 ch 60 SLA 1988; am § 1 ch 8 SLA 2016)

Administrative Code. —

For the board, see 12 AAC 16, art. 1.

For licensing, see 12 AAC 16, art. 2.

For continuing education, see 12 AAC 16, art. 3.

For peer review, see 12 AAC 16, art. 4.

Effect of amendments. —

The 2016 amendment, effective August 15, 2016, in the introductory sentence, deleted “substantive” following “board shall adopt”; added (3) - (5); and made a related stylistic change.

Sec. 08.20.060. Seal.

The board shall adopt a seal and affix it to all licenses issued.

History. (§ 35-3-24 ACLA 1949)

Secs. 08.20.070 — 08.20.080. Secretary; records; reports and accounts of board. [Repealed, § 3 ch 59 SLA 1966.]

Sec. 08.20.090. Quorum of board.

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

History. (§ 35-3-24 ACLA 1949)

Article 2. Licensing and Regulation.

Sec. 08.20.100. Practice of chiropractic.

  1. A person may not practice chiropractic or use chiropractic core methodology in the state without a license.
  2. A person licensed under this chapter may
    1. analyze, diagnose, or treat the chiropractic condition of a patient by chiropractic core methodology or by ancillary methodology;
    2. accept referrals for treatment by chiropractic core methodology or by ancillary methodology;
    3. consult on chiropractic matters;
    4. refer patients to other health care professionals;
    5. perform, within the scope of chiropractic practice, physical examinations of children for school physical examinations and preparticipation physical examinations for sports and school activities;
    6. sign
      1. reports for excuses from employment and from attendance at school or participation in sports activities; and
      2. authorizations for sick leave;
    7. perform preemployment and workplace health examinations;
    8. provide disability and physical impairment ratings;
    9. provide retirement health and disability authorizations and recommendations;
    10. employ nationally certified chiropractic clinical assistants; and
    11. employ chiropractic interns and chiropractic preceptors.
  3. A person licensed under this chapter is not authorized to sign affidavits exempting school children from immunization requirements under AS 14.30.125 or to administer or interpret the results of infectious disease tests required by statute or regulation.
  4. This section does not apply to a chiropractic intern who is acting within the scope of practice authorized by the board and is under the personal supervision of a licensed chiropractor.

History. (§ 35-3-21 ACLA 1949; am §§ 3, 4 ch 60 SLA 1988; am §§ 2, 3 ch 8 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective August 15, 2016, in (b)(2), deleted “chiropractic” following “accept referrals for” and added “by chiropractic core methodology or by ancillary methodology” following “treatment”; in (b)(5), substituted “perform” for “sign (a)” at the beginning of the paragraph, deleted “certificates of” following “chiropractic practice,” and substituted “for school physical examinations and preparticipation physical examinations for sports and school activities” for “before they enter school”; in (b)(6), inserted “sign” at the beginning of the paragraph and redesignated former (5)(B) and (C) as (6)(A) and (B); redesignated the following paragraphs of (b) accordingly; added (b)(10-11); added (d); and made related and stylistic changes.

Notes to Decisions

Cited in

Territory by Olson v. Hawkins, 9 Alaska 573 (D. Alaska 1939).

Collateral references. —

Scope of practice of chiropractic. 16 ALR4th 58.

Sec. 08.20.110. Application for license.

A person desiring to practice chiropractic shall apply in writing to the board.

History. (§ 35-3-26 ACLA 1949)

Administrative Code. —

For licensing, see 12 AAC 16, art. 2.

Sec. 08.20.115. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]

Sec. 08.20.120. Qualifications for license.

  1. An applicant shall be issued a license to practice chiropractic if the applicant
    1. has a high school education or its equivalent;
    2. has successfully completed at least two academic years of study in a college of liberal arts or sciences or has engaged in the active licensed practice of chiropractic for three of the four years preceding the filing of the application;
    3. is a graduate of a school or college of chiropractic that
      1. is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; or
      2. if an accrediting agency under (A) of this paragraph does not exist, requires the completion of a minimum of 4,000 hours of formal education and training in order to graduate, including
        1. 150 hours of chiropractic philosophy or principles;
        2. 1200 hours of basic sciences, including anatomy, chemistry, physiology, and pathology;
        3. 1400 hours of preclinical technique, including diagnosis, chiropractic technique, and x-rays; and
        4. 700 hours of clinical training;
    4. completes 120 hours of formal training in physiological therapeutics;
    5. passes an examination given by the board; and
    6. passes, to the satisfaction of the board, the parts of the examination of the National Board of Chiropractic Examiners required by the board.
  2. [Repealed § 2 ch 93 SLA 1996.]

History. (§ 35-3-25 ACLA 1949; am § 1 ch 53 SLA 1955; am § 1 ch 91 SLA 1965; am § 25 ch 245 SLA 1970; am § 8 ch 32 SLA 1971; am § 1 ch 84 SLA 1972; am §§ 5, 6 ch 162 SLA 1980; am §§ 5, 6 ch 60 SLA 1988; am § 2 ch 93 SLA 1996)

Administrative Code. —

For licensing, see 12 AAC 16, art. 2.

For continuing education, see 12 AAC 16, art. 3.

Sec. 08.20.130. Examinations.

  1. Examinations for a license to practice chiropractic may be held in the time and manner fixed by the board.
  2. The examination may include practical demonstration and oral and written examination in those subjects usually taught in accredited chiropractic schools.
  3. A general average rating of 75 percent is a passing grade on the examination.
  4. An applicant may take a reexamination within one year after failing the examination.

History. (§ 35-3-27 ACLA 1949; am § 2 ch 91 SLA 1965; am § 13 ch 37 SLA 1985)

Administrative Code. —

For the board, see 12 AAC 16, art. 1.

For licensing, see 12 AAC 16, art. 2.

Sec. 08.20.135. Associate. [Repealed, § 13 ch 162 SLA 1980.]

Sec. 08.20.140. Licensure by credentials. [Repealed, § 2 ch 93 SLA 1996.]

Sec. 08.20.141. Licensure by credentials.

The board may issue a license by credentials to an applicant who pays the appropriate fee and presents satisfactory proof that the applicant

  1. is a graduate of a school or college of chiropractic that
    1. is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; or
    2. if an accrediting agency under (A) of this paragraph does not exist, requires the completion of a minimum of 4,000 hours of formal education and training in order to graduate, including
      1. 150 hours of chiropractic philosophy or principles;
      2. 1,200 hours of basic sciences, including anatomy, chemistry, physiology, and pathology;
      3. 1,400 hours of preclinical technique, including diagnosis, chiropractic technique, and x-rays; and
      4. 700 hours of clinical training;
  2. has held a license in good standing to practice chiropractic in another jurisdiction for the five years preceding the date of application; for purposes of this paragraph, “good standing” means that
    1. no action has been reported about the applicant in the national licensee database of the Federation of Chiropractic Licensing Boards;
    2. the applicant has not, within the five years preceding the date of application, been the subject of an unresolved review or an adverse decision based on a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a foreign, state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on the applicant’s ability or competence to engage in the practice of chiropractic or on the safety or well-being of patients; and
    3. the applicant has not been convicted of a felony within the five years preceding the date of application;
  3. has been in active licensed clinical chiropractic practice for at least three of the five years immediately preceding the date of application;
  4. has passed, to the satisfaction of the board, the parts of the examination of the National Board of Chiropractic Examiners required by the board;
  5. has passed an examination approved by the board that is designed to test the applicant’s knowledge of the laws of the state governing the practice of chiropractic and the regulations adopted under those laws; and
  6. has completed 120 hours of formal training in physiological therapeutics or has passed, to the satisfaction of the board, a physiological therapeutics examination of the National Board of Chiropractic Examiners required by the board.

History. (§ 2 ch 39 SLA 2002)

Administrative Code. —

For licensing, see 12 AAC 16, art. 2.

Sec. 08.20.150. Recording of license. [Repealed, § 7 ch 37 SLA 1986.]

Sec. 08.20.155. Professional designation.

Notwithstanding the provisions of AS 08.02.010 relating to specialist designations, a person licensed under this chapter may not designate a specialty unless the person has completed a postgraduate specialty program at an accredited school approved by the board and the person has passed a certification exam for the specialty approved by the board. All specialty designations must include the term “chiropractic.”

History. (§ 7 ch 60 SLA 1988)

Administrative Code. —

For licensing, see 12 AAC 16, art. 2.

Sec. 08.20.160. Temporary permits.

Temporary permits may be issued to qualified applicants until the next regular meeting of the board.

History. (§ 35-3-28 ACLA 1949; am § 4 ch 8 SLA 2016)

Administrative Code. —

For licensing, see 12 AAC 16, art. 2.

Effect of amendments. —

The 2016 amendment, effective August 15, 2016, deleted “persons apparently” preceding “qualified” and inserted “applicants” following “qualified”.

Sec. 08.20.163. Temporary permit for locum tenens practice.

  1. The board may grant a temporary permit to a chiropractor for the purpose of the chiropractor’s substituting for another chiropractor licensed in this state. The permit is valid for 60 consecutive days. If circumstances warrant, an extension of the permit may be granted by the board.
  2. A chiropractor applying under (a) of this section shall pay the required fee and shall meet the
    1. requirements of AS 08.20.120 ; or
    2. following requirements:
      1. submit evidence of a current license in good standing, including
        1. no action reported in the national licensee database of the Federation of Chiropractic Licensing Boards;
        2. not having been, within the five years preceding the date of application, the subject of an unresolved review or an adverse decision based upon a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on the applicant’s ability or competence to engage in the practice of chiropractic or on the safety or well-being of patients; and
        3. no conviction for a felony within the five years preceding the date of application;
      2. submit evidence of five years of active licensed clinical practice;
      3. be a graduate of a school or college of chiropractic that is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board;
      4. have completed 120 hours of formal training in physiological therapeutics or have passed, to the satisfaction of the board, a physiological therapeutic examination of the National Board of Chiropractic Examiners required by the board;
      5. have passed, to the satisfaction of the board, Parts I and II of the examination of the National Board of Chiropractic Examiners; and
      6. pass an examination given by the board.
  3. Permits and extensions of permits issued under this section to an individual are not valid for more than 240 days during any consecutive 24 months.

History. (§ 1 ch 35 SLA 2000)

Cross references. —

For temporary courtesy licenses, see AS 08.01.062 .

Administrative Code. —

For licensing, see 12 AAC 16, art. 2.

Sec. 08.20.165. Inactive license status.

  1. A licensee who does not practice in the state may convert a license to inactive status when renewing the license. A person who practices in the state, however infrequently, shall hold an active license. A person renewing an inactive license shall meet the same renewal requirements that would be applicable if the person were renewing an active license.
  2. A person who has an inactive license certificate under (a) of this section may reactivate the license by applying for an active license and paying the required fees.

History. (§ 1 ch 35 SLA 2000)

Sec. 08.20.167. Retired license status.

  1. Upon retiring from practice and upon payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice chiropractic in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from continuing education requirements adopted by the board under AS 08.20.170(d) .
  2. A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria, as determined under regulations of the board, that may include submission of continuing education credits, reexamination requirements, physical and psychiatric examination requirements, an interview with the board, and a review of information in the national licensee database of the Federation of Chiropractic Licensing Boards.

History. (§ 1 ch 35 SLA 2000)

Administrative Code. —

For continuing education, see 12 AAC 16, art. 3.

Sec. 08.20.168. Chiropractic clinical assistant.

  1. Enrollment in or completion of a nationally recognized certification program under AS 08.20.055 (4) is required to practice as a chiropractic clinical assistant in this state.
  2. A person who meets the requirement under (a) of this section may, under the general supervision of a person licensed under this chapter,
    1. perform diagnostic imaging studies;
    2. use ancillary methodologies; and
    3. perform procedures.

History. (§ 5 ch 8 SLA 2016)

Effective dates. —

Section 2, ch. 56, SLA 2016 makes this chapter effective November 4, 2016.

Sec. 08.20.170. Disciplinary sanctions; refusal to issue or renew license.

  1. The board may impose a disciplinary sanction on a person licensed under this chapter or refuse to issue a license under this chapter when the board finds that the person
    1. secured or attempted to secure a license through deceit, fraud, or intentional misrepresentation;
    2. engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
    3. advertised professional services in a false or misleading manner;
    4. has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of
      1. a felony or other crime that affects the person’s ability to practice competently and safely; or
      2. a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs;
    5. intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee’s supervision that does not conform to minimum professional standards established by regulation regardless of whether actual injury to the patient occurred;
    6. failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
    7. continued or attempted to practice after becoming unfit due to
      1. professional incompetence;
      2. addiction or severe dependency on alcohol or a drug that impairs the person’s ability to practice safely;
      3. physical or mental disability or an infectious or contagious disease;
    8. engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; or
    9. failed to satisfy continuing education requirements adopted by the board.
  2. AS 44.62 (Administrative Procedure Act) applies to any action taken by the board for the suspension or revocation of a license.
  3. A person whose license is suspended or revoked may within two years from date of suspension apply for reinstatement, and if the board is satisfied that the applicant should be reinstated, it shall order reinstatement.
  4. The board shall adopt regulations that ensure that renewal of license is contingent on proof of continued competency by a practitioner.

History. (§ 35-3-29 ACLA 1949; am § 25 ch 177 SLA 1978; am §§ 9, 10 ch 162 SLA 1980; am § 8 ch 60 SLA 1988; am § 2 ch 35 SLA 2000)

Cross references. —

For disciplinary powers of board, see AS 08.01.075 .

Administrative Code. —

For licensing, see 12 AAC 16, art. 2.

For continuing education, see 12 AAC 16, art. 3.

Collateral references. —

Cancellation or suspension irrespective of licensee’s personal fault, validity of statute or rule making specified conduct or condition the ground for, 3 ALR2d 107.

Plea of nolo contendere or non vult contendere, 89 A.L.R.2d 540.

Sec. 08.20.175. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075.]

Sec. 08.20.180. Fees.

  1. An applicant for an examination, reexamination, issuance of a temporary permit under AS 08.20.160 , issuance of a locum tenens permit under AS 08.20.163 , issuance of a license by credentials under AS 08.20.141 , one-time issuance of a retired status license, or initial issuance or renewal of an active or inactive license shall pay a fee established under AS 08.01.065 .
  2. [Repealed, § 24 ch 22 SLA 2001.]

History. (§ 35-3-30 ACLA 1949; am § 1 ch 13 SLA 1968; am § 12 ch 162 SLA 1980; am § 14 ch 37 SLA 1985; am § 3 ch 35 SLA 2000; am § 24 ch 22 SLA 2001; am § 3 ch 39 SLA 2002)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.20.185. Utilization review committee; confidentiality.

  1. The board may establish a utilization review committee to review complaints concerning the reasonableness or appropriateness of care provided, fees charged, or costs for services rendered by a licensee to a patient. A review conducted by a utilization review committee under this section may be used by the board in considering disciplinary action against a licensee, but the results or recommendations of a utilization review committee are not binding on the board. A member of a utilization review committee established under this section who in good faith submits a report under this section or participates in an investigation or judicial proceeding related to a report submitted under this section is immune from civil liability for the submission or participation.
  2. The board shall charge a complainant a fee, established under AS 08.01.065 , for utilization review under this section.
  3. Patient records presented to a utilization review committee for review under this section that were confidential before their presentation to the committee are confidential to the committee members and to the board members and are not subject to inspection or copying under AS 40.25.110 - 40.25.125 . A committee member or board member to whom confidential records are presented under this subsection shall maintain the confidentiality of the records. A person who violates this subsection is guilty of a class B misdemeanor.

History. (§ 1 ch 112 SLA 1992; am §§ 1, 2 ch 101 SLA 1996; am § 6 ch 8 SLA 2016)

Revisor’s notes. —

In 2000, “AS 40.25.110 40.25.125 ” was substituted for “AS 09.25.110 — 09.25.125” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.125.

Cross references. —

For sentences for misdemeanors, see AS 12.55.035 and 12.55.135 .

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

For peer review, see 12 AAC 16, art. 4.

Effect of amendments. —

The 2016 amendment, effective August 15, 2016, in (a), substituted “the” for “in addition to peer review authorized under AS 08.01.075 , the”; substituted “utilization” for “peer” in four places, substituted “used” for “utilized”, and made related stylistic changes; in (b) and (c), substituted “utilization” for “peer”.

Notes to Decisions

Expert testimony required. —

In a guardian’s Federal Tort Claims Act (FTCA) medical malpractice suit, the United States did not present an expert qualified under this provision. State substantive law applies in FTCA actions, and the Alaska statute here is intertwined with the state’s professional negligence law because it limits what kind of professional can testify to the standard of care. That limitation, in turn, affects the standard of care against which the defendant’s conduct will be tested — an inherently substantive inquiry. Liebsack v. United States, 731 F.3d 850 (9th Cir. Alaska 2013) (memorandum decision).

Sec. 08.20.190. Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.]

Sec. 08.20.195. Limitation of practice.

A person licensed under this chapter or a person who is practicing as a chiropractic intern, chiropractic clinical assistant, or chiropractic preceptor under this chapter may act only within the scope of practice authorized by the board.

History. (§ 7 ch 8 SLA 2016)

Effective dates. —

Section 7, ch. 8, SLA 2016, which enacted this section, took effective August 15, 2016.

Article 3. Unlawful Acts and Penalties.

Sec. 08.20.200. Unlicensed practice.

A person who practices chiropractic in the state without a license in violation of AS 08.20.100 is guilty of a class A misdemeanor and may be punished as provided in AS 12.55.

History. (§ 3 ch 53 SLA 1955; am § 8 ch 37 SLA 1986; am § 8 ch 8 SLA 2016)

Cross references. —

For sentences for misdemeanors, see AS 12.55.035 and 12.55.135 .

Effect of amendments. —

The 2016 amendment, effective August 15, 2016, inserted “class A” preceding “misdemeanor” and substituted “and may be punished as provided in AS 12.55” for “, and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than a year, or by both”.

Collateral references. —

Practicing medicine, surgery, dentistry, optometry, podiatry, or other healing arts without license as a separate or continuing offense, 99 ALR2d 654.

Sec. 08.20.210. Fraudulent licenses and certificates.

A person who obtains or attempts to obtain a chiropractic license or provides the board with evidence that the person is nationally certified to practice as a chiropractic clinical assistant by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a chiropractic license or chiropractic clinical assistant certificate issued by a nationally recognized certification program is guilty of a class A misdemeanor and is punishable as provided in AS 12.55.

History. (§ 4 ch 53 SLA 1955; am § 9 ch 8 SLA 2016)

Cross references. —

For sentences for misdemeanors, see AS 12.55.035 and 12.55.135 .

Effect of amendments. —

The 2016 amendment, effective August 15, 2016, substituted “license or provides the board with evidence that the person is nationally certified to practice as a chiropractic clinical assistant” for “certificate”; inserted “license or chiropractic clinical assistant” following “alters a chiropractic”; inserted “issued by a nationally recognized certification program” between “certificate” and “is”; inserted “guilty of a class A misdemeanor and is” preceding “punishable”; substituted “as provided in AS 12.55” for “by a fine of not more than $500, or by imprisonment for not more than six months, or by both”; and made a stylistic change.

Article 4. General Provisions.

Sec. 08.20.220. Chiropractic defined. [Repealed, § 13 ch 60 SLA 1988.]

Sec. 08.20.230. Practice of chiropractic.

The practice of chiropractic

  1. addresses ramifications of health and disease with a special emphasis on biomechanical analysis, interpretation and treatment of the structural and functional integrity of skeletal joint structures, and the physiological efficiency of the nervous system as these matters relate to subluxation complex; and
  2. involves the diagnosis, analysis, or formulation of a chiropractic diagnostic impression regarding the chiropractic conditions of the patient to determine the appropriate method of chiropractic treatment.

History. (§ 9 ch 60 SLA 1988)

Cross references. —

For professional designation requirements for chiropractors, see AS 08.02.010 .

Sec. 08.20.900. Definitions.

In this chapter,

  1. “ancillary methodology” means employing within the scope of chiropractic practice, with appropriate training and education, those methods, procedures, modalities, devices, and measures commonly used by trained and licensed health care providers and includes
    1. physiological therapeutics; and
    2. counseling on dietary regimen, sanitary measures, physical and mental attitudes affecting health, personal hygiene, occupational safety, lifestyle habits, posture, rest, and work habits that enhance the effects of chiropractic adjustment;
  2. “board” means the Board of Chiropractic Examiners;
  3. “chiropractic” is the clinical science of human health and disease that focuses on the detection, correction, and prevention of the subluxation complex and the employment of physiological therapeutic procedures preparatory to and complementary with the correction of the subluxation complex for the purpose of enhancing the body’s inherent recuperative powers, without the use of surgery or prescription drugs; the primary therapeutic vehicle of chiropractic is chiropractic adjustment;
  4. “chiropractic adjustment” means the application of a precisely controlled force applied by hand or by mechanical device to a specific focal point of the anatomy for the express purpose of creating a desired angular movement in skeletal joint structures in order to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex; “chiropractic adjustment” utilizes, as appropriate, short lever force, high velocity force, short amplitude force, or specific line-of-correction force to achieve the desired angular movement, as well as low force neuro-muscular, neuro-vascular, neuro-cranial, or neuro-lymphatic reflex technique procedures;
  5. “chiropractic clinical assistant” means a person who works under the general supervision of a person licensed under this chapter and who is
    1. enrolled in a nationally recognized certification program that certifies chiropractic clinical assistants; or
    2. certified by a national organization that certifies chiropractic clinical assistants;
  6. “chiropractic core methodology” means the treatment and prevention of subluxation complex by chiropractic adjustment as indicated by a chiropractic diagnosis and includes the determination of contra-indications to chiropractic adjustment, the normal regimen and rehabilitation of the patient, and patient education procedures; chiropractic core methodology does not incorporate the use of prescription drugs, surgery, needle acupuncture, obstetrics, or x-rays used for therapeutic purposes;
  7. “chiropractic diagnosis” means a diagnosis made by a person licensed under this chapter based on a chiropractic examination;
  8. “chiropractic examination” means an examination of a patient conducted by a person licensed under this chapter, or by a chiropractic clinical assistant or chiropractic intern under the supervision of a person licensed under this chapter, for the express purpose of ascertaining whether symptoms of subluxation complex exist and consisting of an analysis of the patient’s health history, current health status, results of diagnostic procedures, including x-ray and other diagnostic imaging devices, and postural, thermal, physical, neuro-physical, and spinal examinations that focuses on the discovery of
    1. the existence and etiology of disrelationships of skeletal joint structures; and
    2. interference with normal nerve transmission and expression;
  9. “chiropractic intern” means a person who is engaged in the practice of chiropractic while under the personal supervision of a person licensed under this chapter for the purpose of obtaining practical experience for licensure as a chiropractor;
  10. “chiropractic preceptor” means a person who is licensed under this chapter and who participates in the instruction and training of chiropractic interns.
  11. “manipulation” means an application of a resistive movement by applying a nonspecific force without the use of a thrust, that is directed into a region and not into a focal point of the anatomy for the general purpose of restoring movement and reducing fixations;
  12. “physiological therapeutics” means the therapeutic application of forces that induce a physiologic response and use or allow the natural processes of the body to return to a more normal state of health; physiological therapeutics encompasses the diagnosis and treatment of disorders of the body, utilizing
    1. manipulation;
    2. the natural healing forces associated with air, cold, heat, electricity, exercise, light, massage, water, nutrition, sound, rest, and posture;
    3. thermotherapy, cryotherapy, high frequency currents, low frequency currents, interferential currents, hydrotherapy, exercise therapy, rehabilitative therapy, meridian therapy, vibratory therapy, traction and stretching, bracing and supports, trigger point therapy, and other forms of therapy;
  13. “subluxation complex” means a biomechanical or other disrelation or a skeletal structural disrelationship, misalignment, or dysfunction in a part of the body resulting in aberrant nerve transmission and expression.

History. (§ 10 ch 60 SLA 1988; am § 2 ch 112 SLA 1992; am §§ 10, 11 ch 8 SLA 2016)

Revisor's notes. --

Paragraph (2) was enacted as (10); renumbered in 1992 to maintain alphabetical order, at which time other paragraphs were also renumbered.

Paragraph (5) was enacted as (11) and paragraphs (9) and (10) were enacted as (12) and (13); renumbered in 2016 to maintain alphabetical order, at which time other paragraphs were also renumbered.

Effect of amendments. —

The 2016 amendment, effective August 15, 2016, in (7), deleted “or under the supervision of” preceding “a person licensed”; inserted “or by a chiropractic clinical assistant or chiropractic intern under the supervision of a person licensed under this chapter,” preceding “for the express purpose”; added (11), (12) and (13).

Opinions of attorney general. —

It is illegal and criminal for a chiropractor, without additional qualifications, to prescribe drugs or medicine to sick or injured persons. 1961 Alas. Op. Att'y Gen. No. 23.

Money cannot be expended from the fishermen’s fund for the payment of charges for medicines prescribed by chiropractors. 1961 Alas. Op. Att'y Gen. No. 23.

Chapter 24. Collection Agencies.

Notes to Decisions

This chapter does not regulate the activities of debt collection agencies vis-a-vis debtors; its primary concern is the relationship between debt collection agencies and the state. State v. O'Neill Investigations, 609 P.2d 520 (Alaska 1980).

Effect of exemption clause of AS 45.50.481(a)(1) . —

The exemption clause of AS 45.50.481(a)(1) does not withdraw the activities of independent debt collection agencies from the scope of the Unfair Trade Practices and Consumer Protection Act (AS 45.50.471 45.50.561 ). State v. O'Neill Investigations, 609 P.2d 520 (Alaska 1980).

Collateral references. —

15A Am. Jur. 2d, Collection and Credit Agencies, §§ 1-10.

Regulation and licensing of collection and commercial agencies or representatives thereof, 54 ALR2d 881.

Sec. 08.24.010. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.011. Collection Agency Board. [Repealed, § 16 ch 6 SLA 1984.]

Sec. 08.24.016. Transportation and per diem. [Repealed, § 1 ch 165 SLA 1970.]

Sec. 08.24.020. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.021. Appointment and term of office. [Repealed, § 16 ch 6 SLA 1984.]

Sec. 08.24.030. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.031. Regulations. [Repealed, § 16 ch 6 SLA 1984.]

Sec. 08.24.040. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.041. Duty to enforce chapter.

The department shall enforce all laws and regulations relating to collection agencies.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.045. Duty to pass upon qualifications.

The commissioner or the commissioner’s designee shall pass upon the qualifications of applicants for collection agency licenses and operators licenses.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.050. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.051. Power to seek injunctions.

The department may apply to the superior court for an injunction to temporarily restrain a violation of this chapter or a regulation adopted under it, conduct investigations of alleged violations of this chapter and regulations adopted under this chapter, and perform other action necessary to accomplish the purposes of this chapter.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.060. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.061. Publication of applicable law.

The department shall reproduce the laws relating to licensing of collection agencies and operators, the regulations adopted by the department and other pertinent matter, publish the material in pamphlet form, and make the pamphlets available to the public without expense.

History. (§ 1 ch 101 SLA 1968; am § 17 ch 6 SLA 1984)

Sec. 08.24.070. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.071. Directory of licensed agencies. [Repealed, § 19 ch 6 SLA 1998.]

Sec. 08.24.080. [Repealed, § 3 ch 101 SLA 1968.]

Sec. 08.24.090. License required.

  1. A person other than a collection agency licensed and authorized under this chapter may not for compensation
    1. conduct a collection agency business in this state;
    2. collect claims for others in this state;
    3. solicit the right to collect or receive payment of a claim for another;
    4. advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment of a claim for another;
    5. seek to make collection or obtain payment of a claim on behalf of another.
  2. This chapter does not apply to the following when engaged in the regular course of their respective businesses:
    1. attorneys at law;
    2. persons regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor;
    3. banks, including trust departments of banks, fiduciaries and financing and lending institutions;
    4. common carriers;
    5. title insurers and abstract companies while doing an escrow business;
    6. licensed real estate brokers;
    7. employees of licensees under this chapter;
    8. substation payment offices employed by or serving as independent contractors for public utilities.
  3. A violation of this section is a misdemeanor punishable by imprisonment in a jail for not to exceed one year, or by a fine of not more than $1,000, or by both.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.100. Licensed operator required; exceptions; renewal.

  1. Notwithstanding any other provision of this chapter, a licensee may not engage in the collection agency business unless and until the collection agency and each branch office of the agency is under the management and control of a licensed operator for each office.  The department may waive this requirement for a period not to exceed 90 days upon the death or disability of an operator or for other good cause.
  2. The operator’s license is renewable on or before July 1 of each second year.

History. (§ 1 ch 101 SLA 1968; am § 18 ch 6 SLA 1984; am § 15 ch 37 SLA 1985)

Sec. 08.24.110. Qualification for operator’s license.

  1. To qualify for an operator’s license, the applicant shall
    1. be a high school graduate, or have the equivalent education of a high school graduate;
    2. be of good moral character;
    3. not have been convicted of violating this chapter, nor have any unsettled complaints under this chapter against the applicant;
    4. not have been convicted of a felony or a crime of larceny or embezzlement or a crime involving moral turpitude;
    5. be 19 years of age or older at the time of application;
    6. not be a disbarred attorney or have filed bankruptcy;
    7. pay the biennial license fee.
  2. The commissioner may waive or modify the requirements specified in (a)(1), (3), (4) and (6) of this section for good cause shown.

History. (§ 1 ch 101 SLA 1968; am § 19 ch 67 SLA 1983; am § 16 ch 37 SLA 1985)

Sec. 08.24.120. Application for operator’s license.

  1. An application for an operator’s license shall be made on forms furnished by the department and must contain the information required in AS 08.24.110 and the following:
    1. a complete set of fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check;
    2. a 2" x 3" photograph showing a front view of head and shoulders;
    3. if it is an original application, the application fee;
    4. the biennial license fee.
  2. The department may make a complete investigation of applicants, including inquiry of police agencies as to the applicant’s record of arrest or conviction of crime. The department shall submit the fingerprints and fees received under (a)(1) of this section to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 .

History. (§ 1 ch 101 SLA 1968; am § 19 ch 6 SLA 1984; am § 17 ch 37 SLA 1985; am § 4 ch 79 SLA 2004)

Sec. 08.24.130. Application for agency license.

  1. An application for a collection agency license or for a renewal of a license shall be made upon forms furnished by the department and must contain the following information:
    1. the full name and proposed business name of the applicant;
    2. the address of the applicant’s principal place of business and branch offices;
    3. the names and addresses of the applicant and those associated with the applicant; if the applicant is a corporation or association, the application must contain the names of the officers of the corporation or association;
    4. the names and residential addresses of the applicant’s operators;
    5. additional information that the department by regulation requires.
  2. A natural person applying for a collection agency license must be 19 years of age or older at the time of making application.

History. (§ 1 ch 101 SLA 1968; am § 20 ch 6 SLA 1984)

Sec. 08.24.135. Fees.

The department shall set fees for licenses and applications under AS 08.01.065 and shall set delayed renewal penalties under AS 08.01.100 .

History. (§ 18 ch 37 SLA 1985; am § 6 ch 21 SLA 1991)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.24.140. Fee, bond, and other material.

  1. The application must be accompanied by
    1. if it is an original application, the application fee;
    2. the biennial license fee for a collection agency for the principal place of business and the same amount for each branch office;
    3. a bond running to the state with a surety or sureties to the satisfaction of the department, and conditioned that the licensee shall, within 30 days after the close of each calendar or fiscal month, report and pay to the licensee’s customers the net proceeds due and payable of all collections made during the calendar or fiscal month that exceed $20.
  2. All money collected by an agency belonging to a client shall be deposited in a trust account and cleared at the end of each month.  The department may audit any agency transaction.

History. (§ 1 ch 101 SLA 1968; am § 19 ch 37 SLA 1985)

Sec. 08.24.150. Bond.

  1. The bond provided for in AS 08.24.140 shall be in the sum of $5,000, executed by the applicant, as principal, and by a corporation that is licensed or authorized to transact business of fidelity and surety insurance within the state as surety.  The department may at any time request verification of a bonding agent’s authority by the main office of any company acting as surety.
  2. A licensee may, at any time, file with the department a new bond.  A licensee may in lieu of a bond make a $5,000 cash deposit with the department, the deposit to be held by the department under the same terms and conditions as if bond in that amount were posted.
  3. A surety may file with the department notice of the surety’s withdrawal on the bond of a licensee. Upon filing a new bond, or upon the revocation of the collection agency license, or upon expiration of 60 days after the filing of notice of withdrawal as surety by the surety, the liability of the former surety for all future acts of the licensee is terminated.
  4. The department shall immediately cancel the bond given by a surety company upon being advised its license to transact business of fidelity and surety insurance has been revoked by the state.
  5. Upon the filing with the department of notice by a surety of the surety’s withdrawal as the surety on the bond of a licensee or upon the cancellation by the department of the bond of a surety company as provided in this section, the department shall immediately give notice to the licensee of the withdrawal or cancellation. The notice shall be by registered or certified mail with request for a return receipt and addressed to the licensee at the licensee’s main office, as shown by the records of the department.  At the expiration of 30 days from the date of mailing the notice, the license of the licensee is terminated unless the licensee has filed a new bond with a surety satisfactory to the department. All bonds given under this chapter shall be filed and held in the office of the department.
  6. The bond required by this section remains in effect until cancelled by action of the surety, the principal, or the department.  An action may not be initiated upon the bond after two years from its cancellation.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.160. Form of bond.

The bond required by AS 08.24.140 and 08.24.150 shall be in the form substantially as follows:

BOND Know all Men by These Presents that we,, as principal, and as surety, are held and firmly bound to the State of Alaska, in the penal sum of $, lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally. The condition of this obligation is such that whereas, the bonded principal, named above, has applied to the Department of Commerce, Community, and Economic Development of the State of Alaska for a collection agency license under the provisions of and is required by the provisions of that law to furnish a bond conditioned as herein set out. AS 08.24 Now, therefore, if, within 30 days after the close of each fiscal or calendar month, reports and pays to customers the net proceeds due and payable of all collections made during that calendar or fiscal month which exceed $20, and strictly, honestly and faithfully complies with the provisions of and all amendments to it and regulations adopted under it, then this obligation is void, otherwise to remain in full force and effect. AS 08.24 This bond becomes effective on theday of, 2 The surety may be relieved of future liability under it by giving 60 days’ written notice to the principal and to the Department of Commerce, Community, and Economic Development of the State of Alaska. This bond is one continuing obligation and the liability of the surety for the aggregate of all claims which may arise under it may in no event exceed the amount of the penalty set out in it. IN WITNESS WHEREOF we have hereunto set our hands and seals at, Alaska, thisday of, 2 (SEAL)Principal (SEAL)Surety

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History. (§ 1 ch 101 SLA 1968; am § 43 ch 218 SLA 1976)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in this section in accordance with § 88, ch. 58, SLA 1999.

In 2000, “2...” was substituted for “19..” in accordance with sec. 105, ch. 21, SLA 2000.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section, in accordance with § 3, ch. 47, SLA 2004.

Sec. 08.24.170. Return of fees and bond.

If the department does not issue the license applied for, the license fee and bond shall be returned. The application fee may not be returned.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.180. Persons presently engaged in collection business. [Repealed, § 62 ch 21 SLA 1991.]

Sec. 08.24.190. License not assignable; death of licensee.

  1. Except as provided in (b) of this section, a license granted under this chapter is a personal privilege and is not assignable.
  2. Upon the death of a collection agency licensee, the department has the right to transfer the license of the decedent to the executor or administrator of the decedent’s estate for the period of the unexpired term of the license and the court having jurisdiction of the probate of the estate of the decedent may authorize the executor or administrator to continue the collection agency business of the decedent and upon other terms and conditions as the court may prescribe.
  3. The death of the operator of a corporate licensee shall in no way interfere with the continuation of the licensed business if another licensed operator is placed in management control of the corporate licensee.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.200. Expiration and renewal.

  1. All licenses required by this chapter shall expire on June 30, 1970, and June 30 of each second year thereafter and shall be renewed as of July 1 following upon payment of required biennial fees.
  2. If a licensee under this chapter is delinquent for a period of 15 days in applying for the renewal of a license, the department shall suspend the license and notify the licensee by certified mail or by personal service.  The notice must state that the license will be revoked if application for renewal is not made within 15 days after the date on which the notice was mailed or personally served.  When a licensee has been delinquent more than 60 days in renewing a license or certificate, the department shall charge an additional penalty established under AS 08.01.100(b) before renewal of the license.

History. (§ 1 ch 101 SLA 1968; am § 20 ch 37 SLA 1985)

Sec. 08.24.210. Annual statement of collection.

Each collection agency licensee shall, not later than January 31 of each calendar year, file with the department a verified annual statement for the preceding calendar year, showing the respective amounts of all customers’ money collected by the licensee during the preceding calendar year, that has not previously been remitted to the customers entitled to it or properly accounted for, and showing also the amounts of money that the licensee has on deposit in a bank or in the licensee’s possession for the purpose of liquidating any and all amounts due to customers. The statement must contain the name and address of the bank. The annual statement shall be made substantially in the following form:

ANNUAL STATEMENT TO DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT Pursuant to the undersigned, , licensed under to conduct a collection agency business, hereby declares that the amount of money collected during the preceding calendar year by the undersigned, as a licensee under , which has not been remitted to a customer or properly accounted for is $; and that the amount on deposit with all banks for the purpose of liquidating all amounts to customers is $ AS 08.24.210 AS 08.24 AS 08.24 The attached schedule contains a true statement of the name and address of each customer of the undersigned to whom there was due or owing at the end of the preceding calendar year on account of collections made during the preceding calendar year the aggregate sum of $20 or more. IN WITNESS WHEREOF, the undersigned has executed this statement on this day of , 2 (name of licensee) (signature) (capacity) VERIFICATION STATE OF ALASKA ss THIRD DISTRICT I, the undersigned, being first sworn, do on oath depose and say: That I executed the within annual statement as the licensee named in it or on behalf of the licensee named in it, as the operator, director, or officer of the licensee named in it, as indicated in it; that I have read the statement and know its contents; and that the statement is true. Subscribed and sworn to before me this day of , 2 Notary Public in and for Alaska My commission expires:

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History. (§ 1 ch 101 SLA 1968; am § 44 ch 218 SLA 1976)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in this section in accordance with § 88, ch. 58, SLA 1999.

In 2000, “2...” was substituted for “19..” in accordance with sec. 105, ch. 21, SLA 2000.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in this section, in accordance with § 3, ch. 47, SLA 2004.

Sec. 08.24.220. Semiannual statement of employees. [Repealed, § 19 ch 6 SLA 1998.]

Sec. 08.24.230. False declarations in statement.

The wilful making of a false declaration in the annual statement or biennial statement of employees constitutes sufficient grounds for revocation of the license of the licensee.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.240. Failure to file statement.

If the annual statement of collection is not filed as required under AS 08.24.210 , the failure to file constitutes grounds for the immediate suspension of the collection agency license of the licensee failing to file the statement, and the department shall notify the licensee by registered or certified mail that the license of the licensee will be suspended upon the expiration of 15 days after the date on which the notice was mailed unless the licensee complies with the provisions of AS 08.24.210 . However, for good cause shown and upon satisfactory proof furnished by the licensee that the failure to file the statement was due to a condition not within the control, or was due to excusable neglect, of the licensee, the department may permit the filing of the statement after the time limited and excuse the failure to file the statement within the time limited. If the statement required by AS 08.24.210 is not filed as required by this section, the department shall revoke the license.

History. (§ 1 ch 101 SLA 1968; am § 2 ch 6 SLA 1998)

Sec. 08.24.250. Information confidential.

Except as otherwise provided in this chapter, information in whatever form required to be filed by the terms of AS 08.24.210 shall be confidential and may not become a public record, but it may be introduced in evidence in a suit, action, or proceeding in a court or in a proceeding involving the granting or revocation of the license of a licensee.

History. (§ 1 ch 101 SLA 1968; am § 3 ch 6 SLA 1998)

Sec. 08.24.260. Investigations.

The department may, upon its own motion, and shall, upon the sworn complaint in writing of a customer of a collection agency, investigate the actions of a licensee claimed to have violated this chapter and, for that purpose, shall have free access to the offices and place of business and, if the complaint involves customer accounts, to all pertinent books, accounts, records, papers, files, safes, and vaults of the licensee or certificate holder. If the complaint involves the owing of money, or any other thing of value, by a licensee to the complainant, when the licensee raises the issue of an offset or counterclaim, the department may require the complainant to submit all records and data in the complainant’s possession pertaining to the offset or counterclaim.

History. (§ 1 ch 101 SLA 1968; am § 2 ch 14 SLA 2005)

Legislative history reports. —

For governor’s transmittal letter for ch. 14, SLA 2005 (SB 52), see 2005 Senate Journal 42 — 43.

Sec. 08.24.270. Administrative Procedure Act.

The department shall comply with AS 44.62 (Administrative Procedure Act) both as to adoption of regulations and adjudication.

History. (§ 1 ch 101 SLA 1968; am § 21 ch 6 SLA 1984)

Sec. 08.24.280. Records and funds.

  1. A collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all the records and all customers’ funds in a trust account with a recognized financial institution in this state.  Collection agencies shall maintain accounting records of collections for and payments to customers for a period of six years from the date of the last entry.  Collection agencies shall keep other records for a period of two years from the date of the last entry.
  2. Every collection agency shall maintain a permanent numerical receipt record that indicates as to each payment made by a debtor the following information:
    1. the name of the debtor making payment;
    2. the amount paid;
    3. the name of the creditor to whom funds are being applied;
    4. the date and form of payment;
    5. the balance remaining due on account.
  3. An agency using a computer system giving read-out debtor payment information is not required to maintain a numerical receipt record; however, if requested, a receipt shall be furnished to the debtor.
  4. The receipt shall be made immediately upon the receipt of funds by the collection agency in payment of a debt; the original copy to be made immediately available to the debtor who has made payment, upon request; and a copy to be made immediately available to the creditor for whom payment was received, upon request; and a copy to be maintained in the permanent receipt record.
  5. A collection agency shall maintain daily cash ledger sheets showing all funds received from debtors and all funds received as fees for services, such as credit reports and the like.
  6. A collection agency or employee of a collection agency may not intentionally make a false entry in the collection agency record or intentionally mutilate, destroy, or otherwise dispose of a record within the time limits provided in this section. The records shall at all reasonable times be open for inspection by the department.
  7. A collection agency shall maintain a separate trust account exclusively for customers’ funds and shall keep the funds in the trust account until disbursed to the customer.

History. (§ 1 ch 101 SLA 1968; am § 22 ch 6 SLA 1984)

Sec. 08.24.290. Suspension, revocation, or refusal to renew or grant a license or certificate.

The department may suspend, revoke, or refuse to renew or grant a license issued or applied for under this chapter if the licensee or applicant or a partner, associate, or major stockholder of a collection agency has since the date of the application been disbarred from the practice of law or been convicted of fraud, embezzlement, obtaining money under false pretenses, a crime involving moral turpitude, extortion, conspiracy to defraud, violation of a provision of this chapter, or violation of a regulation adopted under authority of this chapter.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.300. Court action by agency.

A collection agency is not entitled to maintain a suit or action involving the collection of money on behalf of its customers in a court of this state without alleging and proving that it is licensed and has procured a bond, as provided in this chapter. A copy of the collection agency license, certified by the department to be a true and correct copy is prima facie evidence of the licensing and bonding of the collection agency for the term expressed in the copy of the license.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.310. Additional business names.

A collection agency using a business name other than the one appearing on the application for its license shall secure a separate license and bond as provided in this chapter for each business name used.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.320. Documents which imitate judicial process.

Forms of demand or notice or other documents drawn to resemble court process may not be used by collection agencies in the collection of bills, accounts, or other indebtedness.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.330. Duty to maintain a public office.

Each collection agency shall maintain its principal office and any branch office at a street address that is stated in its original application for license or another address that the agency may designate to the department; the office shall be maintained in such a manner as to be open for contact by the public or debtors during normal working hours.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.340. Statement of persons employed by agency.

  1. Within 15 days after licensure under this chapter, a collection agency shall submit to the department a list of all persons employed by the agency.  Thereafter, upon hiring a new employee, the collection agency shall, within 15 days after the hiring, submit to the department the name of the newly hired employee and the further information required by (b) of this section.
  2. There shall be submitted with the name of the employee employed by the collection agency the following information:
    1. the employee’s residence address;
    2. the employee’s length of residence in the state;
    3. a statement of the new employee’s previous employment in the last year;
    4. further information which the department may require.
  3. The statement shall be verified by the employee before a notary public or other person authorized to administer oaths.
  4. The owner or licensed operator of the collection agency shall also state upon the form submitted the date upon which the new employee was hired and that the new employee is an employee of the collection agency at the time the form is executed.

History. (§ 1 ch 101 SLA 1968; am § 23 ch 6 SLA 1984)

Sec. 08.24.350. Notice of withdrawal of employees.

When an employee withdraws from employment or the employee’s employment with a collection agency is terminated for any reason, the agency shall, within 15 days of withdrawal or termination of employment, notify the department in writing of the employee’s withdrawal from employment.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.360. Fines and penalties.

A collection agency or an operator who fails on written demand to render a true and complete account to the person from whom an indebtedness was taken for collection or who fails to turn over to that person the proceeds of the collection within 30 days after written demand, or who fails to comply with any of the provisions of this chapter is punishable by a fine of not more than $500, or by imprisonment for not more than three months, or by both.

History. (§ 1 ch 101 SLA 1968)

Sec. 08.24.370. Nonresidents.

A nonresident may apply for and receive a collection agency license or an operator license or both on the same basis as a resident. The application fee and the biennial license fee for a nonresident operator or nonresident agency license are double the same fees established by regulations under AS 08.01.065 for a resident operator or agency.

History. (§ 1 ch 101 SLA 1968; am § 21 ch 37 SLA 1985)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.24.380. Definitions.

In this chapter,

  1. “collection agency” means a person licensed and authorized to engage in the collection agency business;
  2. “collection agency business” means the business of engaging directly or indirectly and having as a primary or secondary object, business or pursuit the solicitation of claims for collection or repossession of collateral security or the collection of claims owed or due or asserted to be owed or due to another or the repossession of collateral security;
    1. a house, agency, firm, person, corporation or voluntary association using a name other than its own in collecting its own claims with the intention of conveying, or which tends to convey, the impression that a third party has been employed, is conducting a collection agency business within the meaning of this chapter;
    2. a person who sells, attempts to sell, gives away or attempts to give away to another person, other than a licensee under this chapter a system of collection letters, demand forms or other printed matter where the name of a person other than a creditor appears in a manner to indicate that a request or demand is being made by another person, other than the creditor, for the payment of a sum due, or asserted to be due, or who solicits or accepts accounts for collection on a contingent or percentage basis or by a fee or outright purchase for collection purposes, is considered to be in the collection agency business within the meaning of this chapter;
  3. “commissioner” means the commissioner of commerce, community, and economic development;
  4. “department” means the Department of Commerce, Community, and Economic Development;
  5. “operator” means a person having managerial control of a collection agency.

History. (§ 1 ch 101 SLA 1968; am § 45 ch 218 SLA 1976; am § 16 ch 6 SLA 1984; am § 10 ch 21 SLA 2000)

Revisor’s notes. —

Reorganized in 1987 and 2000 to alphabetize the defined terms.

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in this section in accordance with § 88, ch. 58, SLA 1999.

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” in paragraph (3) and “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in paragraph (4), in accordance with § 3, ch. 47, SLA 2004.

Chapter 26. Private Professional Conservators and Guardians.

Article 1. Licensing.

Sec. 08.26.010. License required; exception.

  1. Except as provided by (b) of this section or AS 08.26.180 , a person may not engage in the business of providing services as a private professional guardian or conservator unless the person has a license issued under this chapter.
  2. An individual may be appointed and provide services as a private professional guardian or conservator without a license issued under this chapter and receive compensation approved by a court as long as the individual does not act as a guardian or conservator for more than one person or two people who are related to each other up to and including the fourth degree of consanguinity, whether of the whole or half blood or by adoption, computed under the rules of civil law.

History. (§ 2 ch 84 SLA 2004; am §§ 1, 2 ch 53 SLA 2008)

Cross references. —

For renewal of license, see AS 08.01.100 .

Sec. 08.26.020. Requirements for private professional full and partial guardian licenses.

  1. The department shall issue a private professional full guardian license to an individual
    1. who is at least 21 years of age;
    2. who has two or more years of professional client casework experience or at least an associate degree in human services, social work, psychology, sociology, gerontology, special education, or a closely related field;
    3. who is certified as a guardian by a nationally recognized organization in the field of guardianships;
    4. whose criminal history record checks under AS 08.26.070 show that the individual has not been convicted of a felony or of a misdemeanor offense in the state or in any other jurisdiction involving fraud, misrepresentation, material omission, misappropriation, theft, conversion, or any other crime the department determines would affect the individual’s ability to provide the services of a guardian competently and safely for the protected person within 10 years before the application;
    5. who satisfies the application requirements of AS 08.26.060 ; and
    6. who satisfies the requirements for obtaining a private professional conservator license under AS 08.26.030 .
  2. The department shall issue a private professional partial guardian license to an individual who satisfies the requirements under (a)(1) — (5) of this section. A licensed private professional partial guardian may not perform conservator services.

History. (§ 2 ch 84 SLA 2004; am §§ 3, 4 ch 53 SLA 2008)

Sec. 08.26.030. Requirements for private professional conservator license.

The department shall issue a private professional conservator license to an individual

  1. who is at least 21 years of age;
  2. who has obtained a high school diploma, or a general education development diploma or its equivalent;
  3. who has six months’ employment experience in a position involving financial management, or has at least an associate degree in accounting or a closely related field;
  4. who is certified as a guardian by a nationally recognized organization in the field of guardianships;
  5. whose criminal history record checks under AS 08.26.070 show that the individual has not been convicted of a felony or of a misdemeanor offense in the state or in any other jurisdiction involving fraud, misrepresentation, material omission, misappropriation, theft, conversion, or any other crime that the department determines would affect the individual’s ability to provide the services of a conservator competently and safely for the protected person within 10 years before the application; and
  6. who satisfies the application requirements of AS 08.26.060 .

History. (§ 2 ch 84 SLA 2004; am § 5 ch 53 SLA 2008)

Sec. 08.26.040. Requirements for organizational license. [Repealed, § 31 ch 53 SLA 2008.]

Sec. 08.26.050. Temporary license.

  1. The department shall issue a temporary license to an individual under AS 08.26.020 or 08.26.030 who
    1. is not certified by a nationally recognized organization in the field of guardianships at the time of the application but is likely to become certified within one year from the date of the license, and otherwise satisfies the licensing requirements of AS 08.26.020 or 08.26.030 ; and
    2. satisfies the application requirements of AS 08.26.060 .
  2. If the individual with a temporary license under (a) of this section submits proof of certification by a nationally recognized organization in the field of guardianships within one year from the date of the issuance of the temporary license, the department shall issue the individual a license under AS 08.26.020 or 08.26.030 without requiring a new application.
  3. A temporary license issued under this section may not be renewed.

History. (§ 2 ch 84 SLA 2004)

Sec. 08.26.060. Application requirements.

To apply for a license under this chapter, a person shall submit an application on a form provided by the department and submit

  1. two complete fingerprint cards containing fingerprints and other information required by the Department of Public Safety to obtain state and national criminal history record information under AS 12.62 and AS 12.64;
  2. a written waiver of confidentiality signed by the applicant allowing the department to access at any time relevant complaint information made about the applicant to adult protective services, the designated protection and advocacy agency, the long term care ombudsman, or an entity that certifies or licenses private professional guardians or private professional conservators;
  3. a written statement signed by the applicant that the applicant will allow immediate access at any time to the department to the file of a ward or protected person and to financial information regarding the applicant, including corporate or other business records; and
  4. payment of the application fee, any criminal history record information checks fee charged under AS 12.62.160(d) , and any other fees required by the department.

History. (§ 2 ch 84 SLA 2004; am § 6 ch 53 SLA 2008)

Administrative Code. —

For occupational licensing fees, see 12 AAC 2, art. 2.

Sec. 08.26.070. Criminal history record information checks.

  1. For each applicant for a license under this chapter, the department shall submit the fingerprint cards and other relevant information received with the application to the Department of Public Safety and request the Department of Public Safety to
    1. submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record information check on the applicant;
    2. perform a state criminal history record information check on the applicant; and
    3. provide the department with the results of the criminal history record information checks made under (1) and (2) of this subsection.
  2. The department may not issue a license to a person under this section unless the department receives the report required by (a)(3) of this section.

History. (§ 2 ch 84 SLA 2004)

Article 2. Reports.

Sec. 08.26.080. Annual report.

  1. Within 30 days following the end of each calendar year, a licensee shall submit to the office of public advocacy, Department of Administration
    1. evidence of the continuing existence of a court ordered bond, if any, required by a court to be maintained by the guardian or conservator;
    2. a list, including case numbers, of the wards and protected persons for whom the licensee is acting as a private professional guardian or private professional conservator;
    3. an accurate financial statement of the licensee, including total fees collected from the protected person, total business expenses, and documents necessary to establish financial solvency of the licensee;
    4. a letter stating that the licensee has filed all required court reports in the previous calendar year; and
    5. a copy of all of the licensee’s federal tax documents filed with the Internal Revenue Service and all of the licensee’s correspondence with the Internal Revenue Service for the calendar year.
  2. The office of public advocacy shall notify the department of the licensee’s compliance with (a) of this section.

History. (§ 2 ch 84 SLA 2004; am §§ 7, 8 ch 53 SLA 2008)

Sec. 08.26.090. Submission of court reports to department.

Upon request of the department, a licensee shall submit to the department a copy of the reports that the licensee is required to submit to a court under AS 13.26.

History. (§ 2 ch 84 SLA 2004)

Article 3. Practices.

Sec. 08.26.100. Court appointment.

An individual who engages in the business of providing services as a guardian or conservator may not be appointed as a guardian or a conservator in a court proceeding unless the individual is licensed under this chapter or exempt under AS 08.26.010 or AS 08.26.180 .

History. (§ 2 ch 84 SLA 2004; am § 9 ch 53 SLA 2008)

Editor’s notes. —

Section 32(a), ch. 84, SLA 2004, provides that this section “has the effect of changing Rule 17(c), Alaska Rules of Civil Procedure, by restricting the persons that the court may appoint as guardians or conservators in some situations and, therefore, has the effect of limiting the orders that the court is authorized to make under Rule 17(c) with regard to the protection of infants or incompetent persons.”

Sec. 08.26.110. Fees.

  1. A licensee may not receive a payment for services rendered to a ward or a protected person until the licensee obtains court approval of a proposed fee schedule. The fee schedule must include a statement of the hourly fee for professional and administrative services and a monthly maximum amount that the licensee can charge the ward or protected person.
  2. A payment requested by a licensee that exceeds the established monthly maximum amount identified under (a) of this section may not be made unless the payment is approved by the court. A request for court approval of a fee that exceeds the established monthly maximum amount must include the following information for the services covered by the fee:
    1. the name of the person who provided the service;
    2. the date when the service was provided;
    3. the hourly rate of compensation for the service;
    4. a description of the service; and
    5. the amount of time used to perform the service.

History. (§ 2 ch 84 SLA 2004)

Sec. 08.26.120. Required notification.

A licensee shall notify the department immediately if

  1. the licensee fails to file a report to the court required by this chapter;
  2. the licensee has been removed as a guardian or conservator for a ward or protected person;
  3. the licensee has received a gift with a value of more than $100 from a ward or protected person during the two years before the appointment;
  4. the licensee has an interest in an enterprise that provides services to the ward or protected person;
  5. an employee or contractor of the licensee is arrested for any offense; or
  6. the licensee has filed for bankruptcy.

History. (§ 2 ch 84 SLA 2004)

Article 4. Discipline.

Sec. 08.26.130. Grounds for disciplinary action.

The department may take disciplinary action against an individual under AS 08.01.075 or refuse to issue or renew a license if the department determines that the individual

  1. obtained or attempted to obtain a license under this chapter through deceit, fraud, or intentional misrepresentation;
  2. has not complied with the standards of conduct established by the department under AS 13.26.001 ;
  3. forfeited a license in this or another jurisdiction as a result of deceit, fraud, intentional misrepresentation, or professional incompetence;
  4. has been found by a court in this state to have engaged in professional misconduct or incompetence;
  5. has advertised the individual’s services in a false or misleading manner;
  6. has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that affects the individual’s ability to provide services competently and safely for the ward or protected person;
  7. has been found to have abandoned, exploited, abused, or neglected a vulnerable adult; in this paragraph, “vulnerable adult” has the meaning given in AS 47.24.900 ;
  8. has failed to comply with this chapter or with a regulation adopted under this chapter;
  9. has continued or attempted to practice after becoming unfit due to professional incompetence;
  10. has failed to maintain certification by a nationally recognized organization in the field of
    1. guardianships, if the individual was issued a private professional guardian license; or
    2. conservatorships, if the individual was issued a private professional conservator license; or
  11. fails to maintain a bond or other surety as required by a court order.

History. (§ 2 ch 84 SLA 2004; am § 10 ch 53 SLA 2008)

Sec. 08.26.140. Petition by department.

In addition to the disciplinary actions allowed under AS 08.01.075 , the department may petition a court to review the conduct of a licensee if the department determines that the conduct of the licensee may not be in the best interests of the ward or protected person.

History. (§ 2 ch 84 SLA 2004)

Article 5. General Provisions.

Sec. 08.26.180. Exemption.

An individual who is employed by a financial institution regulated by the federal government or a financial institution regulated under AS 06 by the department is not required to be licensed under this chapter in order to engage, in the course of the individual’s employment by the financial institution, in the business of providing services as a guardian or a conservator or be appointed as a private professional guardian or a private professional conservator by a court. In this section, “financial institution” does not include a person who is exempt under AS 06.26.020 or who has received an exemption under AS 06.26.200 .

History. (§ 2 ch 84 SLA 2004; am § 3 ch 14 SLA 2005; am § 11 ch 53 SLA 2008)

Sec. 08.26.190. Definitions.

In this chapter,

  1. “conservator” has the meaning given in AS 13.06.050 ;
  2. “department” means the Department of Commerce, Community, and Economic Development;
  3. “guardian” has the meaning given in AS 13.06.050 ;
  4. “licensee” means a person licensed under this chapter;
  5. “private professional conservator” means an individual who acts as a conservator under 13.26.401 — 13.26.580 and receives compensation for acting in that capacity;
  6. “private professional conservator license” means a license issued under AS 08.26.030 ;
  7. “private professional guardian” means an individual who acts as a guardian under 13.26.101 — 13.26.316 and receives compensation for acting in that capacity;
  8. “private professional guardian license” means a license issued under AS 08.26.020 ;
  9. “protected person” has the meaning given in AS 13.26.005 ;
  10. “ward” has the meaning given in AS 13.26.005 .

History. (§ 2 ch 84 SLA 2004; am § 12 ch 53 SLA 2008)

Revisor’s notes. —

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in paragraph (2) of this section to reconcile chs. 47 and 84, SLA 2004. In 2005, in paragraph (9), “AS 08.26.020 ” was substituted for “AS 08.26.040 ” to correct a manifest error in ch. 84, SLA 2004.

In 2016, "AS 13.26.401 -- 13.26.580 " was substituted for "AS 13.26.165 -- 13.26.320 " in paragraph (5) and "AS 13.26.101 -- 13.26.316 " was substituted for "AS 13.26.030 -- 13.26.150 " in paragraph (7) to reflect the renumbering of those sections.

Chapter 28. Cosmetologists and Hairdressers.

[Repealed, § 5 ch 159 SLA 1980.]

Chapter 29. Licensed Professional Counselors.

Administrative Code. —

For board of professional counselors, see 12 AAC 62.

Article 1. Board of Professional Counselors.

Sec. 08.29.010. Board creation; membership.

  1. There is established the Board of Professional Counselors consisting of five members appointed by the governor, one of whom is a public member and four of whom are licensed professional counselors.
  2. In addition to the requirements for public members under AS 08.01.025 , the public member of the board may not
    1. ever have been a licensed professional counselor or employed in a commercial or professional field related to counseling; or
    2. live in a household with a person who is or has been, or have an immediate family member who is or has been, a licensed professional counselor or employed in a commercial or professional field related to professional counseling; in this paragraph, “immediate family member” means a parent, sibling, or child related by blood, marriage, or adoption.
  3. Of the four counselor members of the board, at least one shall be employed in the private sector and at least one shall be employed in the public sector.

History. (§ 1 ch 75 SLA 1998)

Sec. 08.29.020. Duties of the board.

  1. In addition to the duties specified in AS 08.01, the board shall
    1. license professional counselors, establish criteria for supervisor certification, and certify approved counselor supervisors under this chapter; the board may provide for licensure in areas of counseling specialization;
    2. establish continuing education requirements for the renewal of a license under this chapter;
    3. adopt, by regulation, a code of ethics that must be observed by persons licensed under this chapter;
    4. establish education and training requirements that must be met before a professional counselor can administer and use assessment instruments described in AS 08.29.490 (1)(C); and
    5. enforce the provisions of this chapter and adopt regulations necessary to carry out the board’s duties under this chapter.
  2. The board may delegate to the Department of Commerce, Community, and Economic Development, and the department may perform, a duty for which the board has authority.

History. (§ 1 ch 75 SLA 1998; am § 2 ch 49 SLA 1999)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in (b) of this section in accordance with § 88, ch. 58, SLA 1999.

In 2004, in (b) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For licensing requirements, see 12 AAC 62, art. 1.

For supervision, see 12 AAC 62, art. 2.

For license renewal and reinstatement; continuing education, see 12 AAC 62, art. 3.

Article 2. Licensing Requirements.

Administrative Code. —

For licensing requirements, see 12 AAC 62, art. 1.

For license renewal and reinstatement; continuing education, see 12 AAC 62, art. 3.

Sec. 08.29.100. Unlicensed use of title prohibited.

  1. A person who is not licensed under this chapter may not
    1. profess to be a licensed professional counselor, a professional counselor, or a licensed counselor; or
    2. make use of a title, words, letters, or abbreviations that may reasonably be confused with the title of “licensed professional counselor,” “professional counselor,” or “licensed counselor.”
  2. Violation of this section is a class B misdemeanor, except that a third or subsequent conviction for violating this section is a class C felony.

History. (§ 1 ch 75 SLA 1998; am § 1 ch 17 SLA 2007)

Sec. 08.29.110. Qualifications for licensure.

  1. The board shall issue a professional counselor license to a person who applies for the license, submits the required fee, submits two letters of recommendation from professional counselors who are familiar with the applicant’s practice of professional counseling, and presents evidence satisfactory to the board that the person
    1. is at least 18 years of age;
    2. is not under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter;
    3. has not had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction suspended, revoked, or surrendered in lieu of discipline unless the license has been fully reinstated in that jurisdiction;
    4. has passed a written examination as required by the board; the board may provide that passing a nationally recognized examination for professional counselors is sufficient to meet the examination requirement of this paragraph;
    5. has successfully completed either
      1. an earned doctoral degree in counseling or a related professional field from a regionally or nationally accredited institution of higher education approved by the board; or
      2. an earned master’s degree in counseling or a related professional field, from a regionally or nationally accredited institution of higher education approved by the board, and at least 60 graduate semester hours in counseling during or after earning the master’s degree; and
    6. has, after earning the degree required under either (5)(A) or (B) of this subsection, had at least 3,000 hours of supervised experience in the practice of professional counseling performed over a period of at least two years under the supervision of a supervisor approved under AS 08.29.210 , with at least 1,000 hours of direct counseling with individuals, couples, families, or groups and at least 100 hours of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, under regulations of the board, the board allows the supervision to be by telephonic or electronic means because of the remote location of the counselor.
  2. The board may, in its regulations, specify the areas of study that must be covered in order to meet the educational requirements of (a) of this section.

History. (§ 1 ch 75 SLA 1998; am § 3 ch 49 SLA 1999; am § 2 ch 12 SLA 2002)

Administrative Code. —

For licensing requirements, see 12 AAC 62, art. 1.

For supervision, see 12 AAC 62, art. 2.

Sec. 08.29.120. Licensure by credentials.

  1. Except as provided in (b) of this section, the board may issue a license under this chapter to a person who is licensed in another jurisdiction to practice professional counseling if the board finds that the other jurisdiction has substantially the same or higher licensure requirements as this state.
  2. The board may not license under this section a person who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete and disciplinary sanctions, if any, are imposed and the person has complied with the sanctions.

History. (§ 1 ch 75 SLA 1998)

Cross references. —

For temporary courtesy licenses, see AS 08.01.062 .

Administrative Code. —

For licensing requirements, see 12 AAC 62, art. 1.

Sec. 08.29.130. Licensure of foreign-educated applicants.

The board may issue a license under this chapter to a person who

  1. has completed a doctorate or master’s degree educational program in counseling or a related professional field in a foreign college or university approved by the board;
  2. meets the requirements of AS 08.29.110 except for AS 08.29.110 (a)(5); and
  3. demonstrates to the satisfaction of the board that the applicant’s experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution in the United States.

History. (§ 1 ch 75 SLA 1998; am § 4 ch 49 SLA 1999)

Administrative Code. —

For licensing requirements, see 12 AAC 62, art. 1.

Sec. 08.29.140. License renewal.

Renewal of a license under this chapter may not be granted unless the licensee, within the 24 months immediately preceding the renewal date, has completed the continuing education requirements established by the board.

History. (§ 1 ch 75 SLA 1998)

Administrative Code. —

For license renewal and reinstatement; continuing education, see 12 AAC 62, art. 3.

Article 3. Miscellaneous Provisions.

Sec. 08.29.200. Confidentiality of communications.

  1. A person licensed under this chapter may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to
    1. a communication to a potential victim, the family of a potential victim, law enforcement authorities, or other appropriate authorities concerning a clear and immediate probability of physical harm to the client, other individuals, or society;
    2. a case conference or case consultation with other mental health professionals at which the patient is not identified;
    3. the release of information that the client in writing authorized the licensee to reveal;
    4. information released to the board during the investigation of a complaint or as part of a disciplinary or other proceeding; or
    5. situations where the rules of evidence applicable to the psychotherapist-patient privilege allow the release of the information.
  2. Notwithstanding (a) of this section, a person licensed under this chapter shall report incidents of
    1. child abuse or neglect as required by AS 47.17;
    2. harm or assaults suffered by a vulnerable adult as required by AS 47.24.
  3. Information obtained by the board under (a)(4) of this section is confidential and is not a public record for purposes of AS 40.25.110 40.25.140 .

History. (§ 1 ch 75 SLA 1998; am § 1 ch 71 SLA 2012)

Revisor’s notes. —

In 2000, “AS 40.25.110 40.25.140 ” was substituted for “AS 09.25.110 — 09.25.140 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.140 .

Notes to Decisions

Stated in

Nicolos v. N. Slope Borough, 424 P.3d 318 (Alaska 2018).

Cited in

Leigh v. Alaska Children's Servs., 467 P.3d 222 (Alaska 2020).

Sec. 08.29.210. Supervisor certification.

  1. The board shall approve and certify a person as an approved counselor supervisor for the purposes of this chapter if the person
    1. is licensed as a professional counselor or is a licensed physician, licensed advanced practice registered nurse who is certified to provide psychiatric or mental health services, licensed clinical social worker, licensed marital and family therapist, licensed psychologist, or licensed psychological associate;
    2. submits an application for certification and the appropriate fee;
    3. has five years of counseling experience;
    4. provides to the board for its approval or disapproval a statement that details the person’s supervision philosophy, orientation, and experience; and
    5. meets other criteria that may be established by the board in regulations.
  2. Certification under (a) of this section remains in effect, without the need for renewal of the certification, until the person’s professional licensure is revoked, suspended, or otherwise lapses.

History. (§ 1 ch 75 SLA 1998; am § 5 ch 49 SLA 1999; am § 3 ch 12 SLA 2002; am § 2 ch 33 SLA 2016)

Administrative Code. —

For supervision, see 12 AAC 62, art. 2.

Effect of amendments. —

The 2016 amendment, effective July 7, 2016, in (a)(1), substituted “practice registered nurse” for “nurse practitioner”.

Sec. 08.29.220. Disclosure statement.

A client may not be charged a fee for professional counseling services unless, before the performance of the services, the client was furnished a copy of a professional disclosure statement that contained

  1. the name, title, business address, and business telephone number of the professional counselor;
  2. a description of the formal professional education of the professional counselor, including the institutions attended and the degrees received from them;
  3. the professional counselor’s areas of specialization and the services available;
  4. the professional counselor’s fee schedule listed by type of service or hourly rate;
  5. at the bottom of the first page of the statement, the following sentence: “This information is required by the Board of Professional Counselors which regulates all licensed professional counselors,” followed by the name, address, and telephone number of the board’s office.

History. (§ 1 ch 75 SLA 1998)

Sec. 08.29.230. Limitation of practice.

Notwithstanding that a specific act is within the definition of the “practice of professional counseling,” a person licensed under this chapter may not perform the act if the person lacks appropriate education or training related to the act.

History. (§ 1 ch 75 SLA 1998)

Article 4. General Provisions.

Sec. 08.29.400. Grounds for denial of license or for disciplinary sanctions.

  1. The board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter or deny a license to a person when the board finds that the person
    1. has an addiction to, or severe dependency on, alcohol or other drugs that impairs the person’s ability to engage safely in the practice of professional counseling;
    2. has been convicted of a felony and has not been sufficiently rehabilitated to merit the public trust;
    3. used fraud, deception, misrepresentation, or bribery in securing a license under this chapter or in obtaining permission to take an examination required under this chapter;
    4. is incompetent or has committed misconduct, fraud, misrepresentation, or dishonesty in the performance of the functions of a licensed professional counselor;
    5. violated, or assisted another individual to violate, a provision of this chapter or a regulation adopted under this chapter;
    6. impersonated a person who holds a license under this chapter;
    7. has had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction revoked, suspended, limited, or surrendered in lieu of discipline upon grounds for which a license issued under this chapter could be revoked, suspended, limited, or surrendered in lieu of discipline; this paragraph does not apply to license actions for failure to pay a renewal fee;
    8. assisted another person who is not licensed under this chapter in an attempt to represent the person to the public as a licensed professional counselor;
    9. was issued a license based on a material mistake of fact;
    10. used an advertisement or solicitation that is false, misleading, or deceptive to the general public or the person to whom the advertisement was primarily directed; or
    11. failed to respond within 30 days to a written communication from the board concerning an investigation by the board or failed to make available to the board a relevant record with respect to an investigation about the licensee’s conduct or background.
  2. The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if
    1. the licensee or another licensed health care provider is available to provide follow-up care;
    2. the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person’s primary care provider and, if the person consents, the licensee sends the records to the person’s primary care provider; and
    3. the licensee meets the requirements established by the board in regulation.
  3. The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.

History. (§ 1 ch 75 SLA 1998; am § 6 ch 49 SLA 1999; am § 4 ch 25 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective September 19, 2016, added (b) and (c).

Sec. 08.29.490. Definitions.

In this chapter,

  1. “practice of professional counseling” means, subject to (C) of this paragraph, the application of principles, methods, or procedures of the counseling profession to diagnose or treat, other than through the use of projective testing or individually administered intelligence tests, mental and emotional disorders that are referenced in the standard diagnostic nomenclature for individual, group, and organizational therapy, whether cognitive, affective, or behavioral, within the context of human relationships and systems; if otherwise within the scope of this paragraph, “practice of professional counseling” includes
    1. the professional application of evaluation techniques, treatments, and therapeutic services to individuals and groups for the purpose of treating the emotional and mental disorders;
    2. an applied understanding of the dynamics of the individual and of group interactions, along with the application of therapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perceptions, attitudes, and behaviors in the area of human relationships; and
    3. consistent with regulations adopted by the board under AS 08.29.020(a)(4) , administration and use of appropriate assessment instruments that measure or diagnose problems or dysfunctions within the course of human growth and development as part of a counseling process or in the development of a treatment plan;
  2. “supervision” means supervision in which the supervisor is available to provide clinical oversight to the supervisee either in person or by a communication device.

History. (§ 1 ch 75 SLA 1998)

Chapter 32. Dental Hygienists and Assistants.

Cross references. —

For provisions relating to needle stick and sharps injury protections, see AS 18.60.880 18.60.890 .

Collateral references. —

Constitutionality, construction and application of statutes relating to dental hygienists, 11 ALR2d 724.

Article 1. Examination and Licensing of Dental Hygienists.

Sec. 08.32.010. License required.

Except as provided in AS 08.32.095 , a person may not practice, offer or attempt to practice, or advertise or announce as being prepared or qualified to practice dental hygiene without a license.

History. (§ 1 ch 78 SLA 1953; am § 1 ch 59 SLA 1978; am § 4 ch 49 SLA 1980; am § 1 ch 100 SLA 1984; am § 1 ch 53 SLA 2012)

Sec. 08.32.014. Qualifications for license.

  1. An applicant for a license to practice dental hygiene shall
    1. provide evidence to the board that the applicant
      1. has successfully completed an academic program in dental hygiene of at least two years duration that, at the time of graduation, is accredited by the Commission on Dental Accreditation of the American Dental Association and is approved by the board;
      2. has passed a written theory examination of the American Dental Association Joint Commission on National Dental Examinations or an equivalent examination approved by the board;
      3. has successfully passed a state or regional dental hygiene clinical examination approved by the board;
      4. has not had a license to practice dental hygiene revoked, suspended, or voluntarily surrendered in this state or another state;
      5. is not the subject of an adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding undertaken by a state, territorial, local, or federal dental licensing jurisdiction;
      6. is not the subject of an unresolved or adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding undertaken by a state, territorial, local, or federal dental licensing jurisdiction or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant’s ability or competence to practice as a dental hygienist or on the safety or well-being of patients;
      7. is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Boards Clearinghouse for Board Actions that relates to criminal or fraudulent activity or dental malpractice;
      8. is not impaired to an extent that affects the applicant’s ability to practice as a dental hygienist;
      9. has not been convicted of a crime that adversely reflects on the applicant’s ability or competency to practice as a dental hygienist or that jeopardizes the safety or well-being of a patient; and
    2. meet the other qualifications for a license established by the board by regulation.
  2. An applicant for a license to practice dental hygiene may be interviewed in person by the board or a designee of the board. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.

History. (§ 2 ch 53 SLA 2012)

Sec. 08.32.015. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]

Sec. 08.32.020. Examination required. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.030. Licensure by credentials.

The board may provide for the licensing without examination of a dental hygienist who

  1. meets the criteria of AS 08.32.014 ;
  2. submits proof of continued competence as specified in regulations adopted by the board;
  3. is currently licensed to practice dental hygiene in another state or territory of the United States; and
  4. pays the fees established under AS 08.01.065 .

History. (§ 1 ch 78 SLA 1953; am § 4 ch 59 SLA 1978; am § 5 ch 49 SLA 1980; am § 3 ch 100 SLA 1984; am § 2 ch 47 SLA 2005; am § 3 ch 53 SLA 2012)

Sec. 08.32.035. Temporary license. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.040. Application and fee. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.050. Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.]

Sec. 08.32.060. Frequency and content of examination. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.070. Licensing of dental hygienists.

The board shall issue each successful applicant a license upon payment of all required fees.

History. (§ 1 ch 78 SLA 1953; am § 3 ch 36 SLA 1969; am § 7 ch 59 SLA 1978; am § 8 ch 49 SLA 1980; am § 7 ch 100 SLA 1984; am § 4 ch 53 SLA 2012)

Sec. 08.32.071. Renewal of license.

At least 60 days before expiration of a dental hygienist’s license, the Department of Commerce, Community, and Economic Development shall notify the licensed dental hygienist. Each licensee who wishes to renew a dental hygienist’s license shall submit a completed license renewal form, the appropriate fee, and evidence of continued professional competence as required by the board. The Department of Commerce, Community, and Economic Development shall, as soon as practicable, issue a dental hygienist license valid for a stated number of years. Failure to receive notification from the department under this section does not exempt a licensee from renewing the licensee’s dental hygienist license.

History. (§ 8 ch 100 SLA 1984; am § 16 ch 94 SLA 1987; am § 4 ch 14 SLA 2005; am § 5 ch 53 SLA 2012)

Administrative Code. —

For continuing professional competence requirements, see 12 AAC 28, art. 4.

Sec. 08.32.080. Lapse and reinstatement of license. [Repealed, § 7 ch 94 SLA 1968.]

Sec. 08.32.081. Lapse and reinstatement of license.

A licensed dental hygienist who does not pay the renewal fee under AS 08.32.071 forfeits the hygienist’s license. The board may reinstate the license without examination within two years of the date on which payment was due upon written application, proof of continued professional competence, and payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b) .

History. (§ 4 ch 36 SLA 1959; am § 8 ch 59 SLA 1978; am § 9 ch 49 SLA 1980; am § 9 ch 100 SLA 1984; am § 6 ch 53 SLA 2012)

Sec. 08.32.085. Restorative function license endorsement.

  1. The board shall issue a restorative function endorsement to a licensed dental hygienist if the licensee furnishes evidence satisfactory to the board that the licensee has
    1. successfully completed a course offered by or under the auspices of a program accredited by the Commission on Dental Accreditation of the American Dental Association or other equivalent course or program approved by the board; and
    2. passed the Western Regional Examining Board’s restorative examination or other equivalent examination approved by the board within the five years preceding the licensee’s endorsement application, or the licensee is licensed, certified, or otherwise permitted in another state or United States territory to perform restorative functions.
  2. An endorsement issued under this section authorizes a licensed dental hygienist under the direct supervision of a licensed dentist to place restorations into a cavity prepared by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion of the restoration.
  3. The board may by regulation establish renewal and continuing education requirements for an endorsement under this section.

History. (§ 1 ch 111 SLA 2008; am § 7 ch 53 SLA 2012)

Sec. 08.32.090. Temporary license. [Repealed, § 15 ch 59 SLA 1978.]

Sec. 08.32.095. Exemption from license requirement.

  1. A person enrolled as a student in an accredited dental hygiene program may perform dental hygiene procedures as part of a course of study without a license if
    1. the procedures are performed under the
      1. general supervision of a member of the faculty who is licensed under AS 08.36, and under the direct or indirect supervision of a member of the faculty who is licensed under this chapter; or
      2. direct or indirect supervision of a member of the faculty who is licensed under AS 08.36; and
    2. the clinical program has received written approval from the board.
  2. A person practicing dental hygiene under (a) of this section is subject to all other provisions of this chapter and laws and regulations that apply to the practice of dental hygiene by a licensed dental hygienist.

History. (§ 10 ch 49 SLA 1980; am § 8 ch 53 SLA 2012)

Sec. 08.32.097. Fees. [Repealed, § 40 ch 53 SLA 2012.]

Article 2. Regulation of Dental Hygienists.

Sec. 08.32.100. Employment of dental hygienists. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.110. Scope of practice of dental hygienists.

  1. The role of the dental hygienist is to assist members of the dental profession in providing oral health care to the public. A person licensed to practice the profession of dental hygiene in the state may,
    1. under the general supervision of a licensed dentist,
      1. perform preliminary charting and triage to formulate a dental hygiene assessment and dental hygiene treatment plan;
      2. remove calcareous deposits, accretions, and stains from the exposed surfaces of the teeth beginning at the epithelial attachment by scaling and polishing techniques;
      3. remove marginal overhangs;
      4. use local periodontal therapeutic agents;
      5. perform nonsurgical periodontal therapy;
      6. perform other dental operations and services delegated by a licensed dentist if the dental operations and services are not prohibited by (c) of this section;
      7. if certified by the board, administer local anesthetic agents; and
    2. if certified by the board and under the direct or indirect supervision of a licensed dentist, administer and monitor nitrous oxide-oxygen conscious sedation.
  2. The board shall specify by regulation those additional functions that may be performed by a licensed dental hygienist only upon successful completion of a formal course of instruction approved by the board.  The board shall adopt regulations specifying the education requirements, evaluation procedures, and degree of supervision required for each function.
  3. This section does not authorize delegation of
    1. dental diagnosis, comprehensive treatment planning, and writing
      1. prescriptions for drugs;
      2. authorizations for restorative, prosthetic, or orthodontic appliances;
    2. operative or surgical procedures on hard or soft tissues; or
    3. other procedures that require the professional competence and skill of a dentist.
  4. [Repealed, § 8 ch 111 SLA 2008.]
  5. This section does not prohibit a licensed dental hygienist
    1. with an endorsement issued under AS 08.32.085 from performing the activities authorized under AS 08.32.085 ;
    2. who has entered into a collaborative agreement approved by the board under AS 08.32.115 from performing the activities authorized under the collaborative agreement; or
    3. from performing a dental operation, procedure, or service a dentist may delegate to a dental assistant under AS 08.36.346 .

History. (§ 3 ch 78 SLA 1953; am § 6 ch 36 SLA 1969; am § 9 ch 59 SLA 1978; am §§ 11, 12 ch 100 SLA 1984; am § 1 ch 83 SLA 1995; am §§ 2, 3 ch 24 SLA 2001; am §§ 2, 3, 8 ch 111 SLA 2008; am § 5 ch 58 SLA 2010; am §§ 9 — 11 ch 53 SLA 2012)

Revisor’s notes. —

In 2018, paragraph (c)(1) was rewritten to add subparagraphs following “writing”.

Administrative Code. —

For administration of local anesthetic agents by dental hygienists, see 12 AAC 28, art. 3.

For professional practices, see 12 AAC 28, art. 7.

Sec. 08.32.115. Collaborative agreements.

  1. If the collaborative agreement is approved by the board under (d) of this section, a licensed dental hygienist with a minimum of 4,000 documented hours of clinical experience within the five years preceding application for the board’s approval may enter into a collaborative agreement with a licensed dentist in which the licensed dentist authorizes the licensed dental hygienist to perform one or more of the following:
    1. oral health promotion and disease prevention education;
    2. removal of calcareous deposits, accretions, and stains from the surfaces of teeth;
    3. application of topical preventive or prophylactic agents, including fluoride varnishes and pit and fissure sealants;
    4. polishing and smoothing restorations;
    5. removal of marginal overhangs;
    6. preliminary charting and triage to formulate a dental hygiene assessment and dental hygiene treatment plan;
    7. the exposure and development of radiographs;
    8. use of local periodontal therapeutic agents; and
    9. performance of nonsurgical periodontal therapy, with or without the administration of local anesthesia, subsequent to a licensed dentist’s authorization or diagnosis as specified in the licensed hygienist’s collaborative agreement.
  2. The services described in (a) of this section may be performed under a collaborative agreement approved by the board
    1. without the presence of the licensed dentist;
    2. in a setting other than the usual place of practice of the licensed dentist; and
    3. without the dentist’s diagnosis and treatment plan unless otherwise specified in the collaborative agreement or in (a) of this section.
  3. The board shall adopt regulations regarding approval of collaborative agreements between licensed dental hygienists and licensed dentists.
  4. The board may approve a collaborative agreement between a licensed dentist and a licensed dental hygienist. However, the board may not approve more than five collaborative agreements with a licensed dentist, not including any collaborative agreements that have been terminated. A licensed dental hygienist shall notify the board of the termination of a collaborative agreement with a licensed dentist.

History. (§ 4 ch 111 SLA 2008; am §§ 12, 13 ch 53 SLA 2012)

Sec. 08.32.120. Place of employment. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.130. Information required. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.140. Supervision required. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.32.150. Revocation of dentist’s license. [Repealed, § 32 ch 49 SLA 1980. For current law, see AS 08.36.315.]

Sec. 08.32.160. Grounds for discipline, suspension, or revocation of license.

The board may revoke or suspend the license of a dental hygienist, or may reprimand, censure, or discipline a licensee, if, after a hearing, the board finds that the licensee

  1. used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license, certificate, or endorsement;
  2. engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for professional services or engaging in professional activities;
  3. advertised professional services in a false or misleading manner;
  4. has been convicted of a felony or other crime that affects the licensee’s ability to continue to practice competently and safely;
  5. failed to comply with this chapter, with a regulation adopted under this chapter or under AS 08.36, or with an order of the board;
  6. continued to practice after becoming unfit due to
    1. professional incompetence;
    2. addiction or dependence on alcohol or other drugs that impairs the licensee’s ability to practice safely;
    3. physical or mental disability;
  7. engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;
  8. performed clinical procedures without being under the supervision of a licensed dentist;
  9. did not conform to professional standards in delivering dental hygiene services to patients regardless of whether actual injury to the patient occurred.

History. (§ 6 ch 78 SLA 1953; am § 11 ch 49 SLA 1980; am § 13 ch 100 SLA 1984; am § 14 ch 53 SLA 2012)

Cross references. —

For other disciplinary powers of board, see AS 08.01.075 .

Administrative Code. —

For continuing professional competence requirements, see 12 AAC 28, art. 4.

Sec. 08.32.165. Limits or conditions on license; discipline.

  1. In addition to action under AS 08.32.160 , upon a finding that by reason of demonstrated problems of competence, experience, education or health the authority to practice dental hygiene should be limited or conditioned or the practitioner disciplined, the board may reprimand, censure, place on probation, restrict practice by specialty, procedure or facility, require additional education or training, or revoke or suspend a license.
  2. [Repealed by § 15 ch 59 SLA 1978.]

History. (§ 7 ch 102 SLA 1976; am § 15 ch 59 SLA 1978)

Sec. 08.32.170. Procedure followed. [Repealed, § 15 ch 59 SLA 1978.]

Sec. 08.32.171. Disciplinary sanctions.

  1. [Repealed, § 49 ch 94 SLA 1987.]
  2. [Repealed, § 49 ch 94 SLA 1987.]
  3. The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.36.070(b)(1) . A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010 ) within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.
  4. [Repealed, § 49 ch 94 SLA 1987.]
  5. [Repealed, § 49 ch 94 SLA 1987.]

History. (§ 14 ch 100 SLA 1984; am § 17 ch 94 SLA 1987; am § 10 ch 163 SLA 2004)

Cross references. —

For further provisions, see AS 08.01.075 .

Sec. 08.32.180. Penalty for violations.

  1. A person who violates a provision of this chapter or a regulation adopted under this chapter for which a penalty is not otherwise provided is guilty of a class B misdemeanor.
  2. Notwithstanding AS 08.01.075(a)(8) , the board may impose a civil fine not to exceed $25,000 for each violation of this chapter or a regulation adopted under this chapter.

History. (§ 5 ch 78 SLA 1953; am § 15 ch 100 SLA 1984; am § 15 ch 53 SLA 2012)

Cross references. —

For sentences for misdemeanors, see AS 12.55.035 and 12.55.135 .

Article 3. General Provisions.

Sec. 08.32.185. Application of Administrative Procedure Act.

AS 44.62 (Administrative Procedure Act) applies to any action taken by the board under this chapter.

History. (§ 14 ch 59 SLA 1978)

Sec. 08.32.187. Application of chapter.

  1. This chapter applies to a person who practices, or offers or attempts to practice, as a dental hygienist in the state except
    1. a dental hygienist in the military service in the discharge of official duties;
    2. a dental hygienist in the employ of the United States Public Health Service, United States Department of Veterans Affairs, United States Indian Health Service, or another agency of the federal government, in the discharge of official duties;
    3. a dental hygienist licensed in another state or jurisdiction who is teaching or demonstrating clinical techniques at a meeting, seminar, or limited course of instruction sponsored by a dental or dental auxiliary society or association or by an accredited dental or dental auxiliary educational institution;
    4. a dental hygienist employed in the state by an Indian health program, as that term is defined in 25 U.S.C. 1603, while providing dental hygiene services to a person the Indian health program is entitled to serve under 25 U.S.C. 450 et seq. (Indian Self-Determination and Education Assistance Act), as amended, and 25 U.S.C. 1601 et seq. (Indian Health Care Improvement Act), as amended.
  2. A person excepted from this chapter under (a) of this section shall be held to the same standard of care as a person covered by this chapter.

History. (§ 16 ch 100 SLA 1984; am § 11 ch 21 SLA 2000; am § 16 ch 53 SLA 2012)

Editor's notes. --

Paragraph (4) of this section refers to 25 U.S.C. 450 et seq., which was renumbered in 2016 as 25 U.S.C. 5301, et seq., by the U.S. House of Representatives, Office of Law Revision Counsel.

Opinions of attorney general. —

So long as they are employed by Native Health clinics and treat patients authorized to receive care in those clinics, individuals certified as dental health aides by the federal Community Health Aide Certification Board do not have to comply with state dental licensure laws. The state dental licensure laws stand as an obstacle to Congress’ objective to provide dental treatment to Alaska Natives by using non-dentist, non-hygienist paraprofessionals. Therefore, the federal statute that mandates the development of the dental health aide standards and the certification of dental health aides displaces (or preempts) the state’s dental licensure law and renders it unenforceable against federally-certified dental health aides. September 8, 2005 Op. Att’y Gen.

Sec. 08.32.190. Definitions.

In this chapter,

  1. “board” means the Board of Dental Examiners;
  2. “direct supervision” means the dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and before dismissal of the patient evaluates the performance of the dental hygienist;
  3. “general supervision” means the dentist has authorized the procedures and they are being carried out in accordance with the dentist’s diagnosis and treatment plan;
  4. “indirect supervision” means a licensed dentist is in the dental facility, authorizes the procedures, and remains in the dental facility while the procedures are being performed by the dental hygienist;
  5. “licensed dental hygienist” means a dental hygienist licensed under this chapter;
  6. “licensed dentist” means a dentist licensed under AS 08.36.

History. (am § 13 ch 59 SLA 1978; am §§ 17, 40 ch 53 SLA 2012)

Revisor’s notes. —

Reorganized in 1987 and 2012 to alphabetize the defined terms.

Chapter 78, SLA 1953, which enacted many provisions found in this chapter, did not define “board,” but instead used “Board of Dental Examiners” throughout the provisions enacted by ch. 78, SLA 1953. In the 1962 codification, the term “board” was used throughout the chapter, and this section was created to define “board.”

Chapter 36. Dentistry.

Cross references. —

For provisions relating to needle stick and sharps injury protections, see AS 18.60.880 18.60.890 .

Administrative Code. —

For board of dental examiners, see 12 AAC 28.

Legislative history reports. —

For governor's transmittal letter for ch. 2, SSSLA 2017 (HB 159), which amended provisions in this chapter relating to opioid prescription and education on pain management and opioid use and addiction, see 2017 House Journal 408 — 410.

Article 1. Board of Dental Examiners.

Sec. 08.36.010. Creation and membership of board; oath; seal.

  1. There is created the Board of Dental Examiners consisting of nine members. Six members shall be licensed dentists who have been engaged in the practice of dentistry in the state for five years immediately preceding appointment, two members shall be dental hygienists licensed under AS 08.32 who have been engaged in the practice of dental hygiene in the state for five years immediately preceding appointment, and one member shall be a public member who does not have a direct financial interest in the health care industry.
  2. When making appointments of dentists and dental hygienists under (a) of this section, the governor may consider licensed dentists who have been nominated by the Alaska Dental Society and licensed dental hygienists who have been nominated by the Alaska State Dental Hygienists’ Association.
  3. Each member shall take an oath of office. The president or secretary elected under AS 08.36.030 may administer oaths. The oath shall be filed and preserved in the department.
  4. The board shall adopt a seal.

History. (§ 1 art II ch 186 SLA 1955; am § 2 ch 155 SLA 1968; am § 8 ch 102 SLA 1976; am § 12 ch 49 SLA 1980; am § 17 ch 100 SLA 1984; am § 1 ch 63 SLA 1987; am § 4 ch 24 SLA 2001; am §§ 18, 19 ch 53 SLA 2012)

Notes to Decisions

For constitutionality of ch. 102, SLA 1976, see Plumley v. George E. Hale, M.D., Inc., 594 P.2d 497 (Alaska 1979).

Sec. 08.36.020. Term of office. [Repealed, § 20 ch 80 SLA 1996. For current provisions, see AS 39.05.053.]

Sec. 08.36.025. Suspension of board members.

A member against whom an accusation has been filed under AS 44.62 (Administrative Procedure Act) for violation of AS 08.32.160 or AS 08.36.315 is suspended from the board until the decision of the board on the accusation takes effect under AS 44.62.520 .

History. (§ 14 ch 49 SLA 1980; am § 18 ch 100 SLA 1984; am § 19 ch 94 SLA 1987)

Cross references. —

For removal from office, see AS 08.01.020 .

Sec. 08.36.030. Election and term of officers.

  1. The board shall elect from among its members
    1. a president who is a licensed dentist or licensed dental hygienist; and
    2. a secretary.
  2. Officers elected under (a) of this section serve for a term not to exceed two years.

History. (§ 3 art II ch 186 SLA 1955; am § 1 ch 121 SLA 1972; am § 20 ch 53 SLA 2012)

Sec. 08.36.040. Meetings.

The board shall meet at the call of the president at least four times annually and at other times necessary to conduct its business. In the absence of a call of the president, a majority of the board may call a meeting.

History. (§ 3 art II ch 186 SLA 1955; am § 19 ch 100 SLA 1984)

Sec. 08.36.050. Quorum.

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

History. (§ 4 art II ch 186 SLA 1955)

Sec. 08.36.060. Expenses and salary. [Repealed, § 3 ch 59 SLA 1966.]

Sec. 08.36.061. Reimbursement for expenses.

Board members are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 . The department shall reimburse a member for other actual, reasonable expenses incurred in carrying out duties as a board member.

History. (§ 20 ch 100 SLA 1984)

Sec. 08.36.070. General powers.

  1. The board shall
    1. provide for the examination of applicants and the credentialing, registration, and licensure of those applicants it finds qualified;
    2. maintain a registry of licensed dentists, licensed dental hygienists, and registered dental assistants who are in good standing;
    3. affiliate with the American Association of Dental Boards and pay annual dues to the association;
    4. hold hearings and order the disciplinary sanction of a person who violates this chapter, AS 08.32, or a regulation of the board;
    5. supply forms for applications, licenses, permits, certificates, registration documents, and other papers and records;
    6. enforce the provisions of this chapter and AS 08.32 and adopt or amend the regulations necessary to make the provisions of this chapter and AS 08.32 effective;
    7. adopt regulations ensuring that renewal of a license, registration, or certificate under this chapter or a license, certificate, or endorsement under AS 08.32 is contingent on proof of continued professional competence; the regulations must require that a licensee receive not less than two hours of education in pain management and opioid use and addiction in the two years preceding an application for renewal of a license, unless the licensee has demonstrated to the satisfaction of the board that the licensee does not currently hold a valid federal Drug Enforcement Administration registration number;
    8. at least annually, cause to be published on the Internet and in a newspaper of general circulation in each major city in the state a summary of disciplinary actions the board has taken during the preceding calendar year;
    9. issue permits or certificates to licensed dentists, licensed dental hygienists, and dental assistants who meet standards determined by the board for specific procedures that require specific education and training;
    10. require that a licensed dentist who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200(n) .
  2. The board may
    1. order a licensed dentist or licensed dental hygienist to submit to a reasonable physical or mental examination if the dentist’s or the dental hygienist’s physical or mental capacity to practice safely is at issue;
    2. authorize a designee of the board or the board’s investigator to inspect the practice facilities or patient or professional records of a dentist at reasonable times and in a reasonable manner to monitor compliance with this chapter and with AS 08.32; and
    3. delegate the board’s powers to act, hear, and decide matters as authorized by AS 44.62 (Administrative Procedure Act).

History. (§ 5 art II ch 186 SLA 1955; am § 6 ch 69 SLA 1970; am §§ 15 — 18 ch 49 SLA 1980; am § 21 ch 100 SLA 1984; am § 2 ch 63 SLA 1987; am § 1 ch 122 SLA 1992; am § 19 ch 6 SLA 1998; am § 1 ch 33 SLA 1998; am § 21 ch 53 SLA 2012; am § 5 ch 25 SLA 2016; am § 2 ch 2 SSSLA 2017)

Revisor's notes. —

Former paragraphs (a)(4)-(13) were renumbered as (a)(3)-(12) in 1998 to reflect the 1998 repeal of former paragraph (a)(3).

Administrative Code. —

For administering of anesthetic agent, see 12 AAC 28, art. 1.

For examinations for dental licensure, see 12 AAC 28, art. 2.

For administration of local anesthetic agents by dental hygienists, see 12 AAC 28, art. 3.

For continuing professional competence requirements, see 12 AAC 28, art. 4.

For dental hygienist examination, see 12 AAC 28, art. 5.

For parenteral sedation, see 12 AAC 28, art. 6.

For professional practices, see 12 AAC 28, art. 7.

Effect of amendments. —

The 2016 amendment, effective July 17, 2017, added (a)(10).

The 2017 amendment, effective July 1, 2018, in (a)(7), added the language beginning “; the regulations must require” to the end of the paragraph, and made a stylistic change.

Editor’s notes. —

The delayed repeal of paragraph (a)(10) of this section by sec. 52, ch. 25, SLA 2016, which was to take effect July 1, 2021, was repealed by sec. 47, ch. 2, SSSLA 2017.

Notes to Decisions

The function of former AS 08.36.310 [see now AS 08.36.315 ], which specified the grounds for disciplinary action by the board, was to detail the scope of the power to revoke, annul, or suspend licenses given to the board by paragraph (a)(5) of this section. State v. Smith, 593 P.2d 625 (Alaska 1979).

Practice of dentistry by persons committing acts listed in former AS 08.36.310 not per se illegal. —

Under former AS 08.36.310 [see now AS 08.36.315 ], the board could, after a hearing, revoke a dentist’s license or take other disciplinary action in the event that he conducted himself in a manner described in one of its enumerated provisions. Since the power was discretionary and since the board could impose penalties less drastic than license revocation, it was clear that the legislature did not intend that it be per se illegal for persons who have committed the listed transgressions to continue to practice dentistry. State v. Smith, 593 P.2d 625 (Alaska 1979).

Sec. 08.36.073. Investigator.

After consulting with the board, the department shall employ a person who is not a member of the board as the investigator for the board. The investigator shall

  1. conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board;
  2. at the request of the board, conduct investigations based on complaints filed with the department or with the board; and
  3. be directly responsible and accountable to the board, except that only the department has authority to terminate the investigator’s employment and the department shall provide day-to-day and administrative supervision of the investigator.

History. (§ 22 ch 53 SLA 2012)

Sec. 08.36.075. Dental radiological equipment.

  1. The board shall establish standards that comply with applicable federal law for the registration, use, and inspection of dental radiological equipment, including standards for record keeping relating to the control panels and the use of the equipment. The board may charge a fee for dental radiological equipment registered under this section.
  2. [Repealed, § 40 ch 53 SLA 2012.]
  3. [Repealed, § 40 ch 53 SLA 2012.]
  4. [Repealed, § 40 ch 53 SLA 2012.]
  5. [Repealed, § 40 ch 53 SLA 2012.]
  6. In this section, “dental radiological equipment” means equipment for use in the practice of dentistry, consisting of a control panel and associated tube heads, if the equipment emits electronic product radiation, as defined in AS 18.60.545 , or uses radionuclides, as defined in AS 18.60.545 .

History. (§ 1 ch 79 SLA 1998; am § 5 ch 24 SLA 2001; am § 3 ch 47 SLA 2005; am §§ 23, 40 ch 53 SLA 2012)

Sec. 08.36.080. Applicability of Administrative Procedure Act.

The board shall comply with AS 44.62 (Administrative Procedure Act).

History. (§ 2 (ch 2) ch 143 SLA 1959)

Sec. 08.36.090. Records and reports. [Repealed, § 3 ch 59 SLA 1966.]

Sec. 08.36.091. Records and reports.

The board shall maintain

  1. a record of its proceedings;
  2. a registry containing the name, office and home addresses, and other information considered necessary by the board of each person licensed as a dentist or dental hygienist or registered as a dental assistant, a registry of the licenses, certificates, registrations, and endorsements revoked by the board, and information on the status of each licensee and each registered dental assistant.

History. (§ 3 ch 155 SLA 1968; am § 24 ch 53 SLA 2012)

Article 2. Examination and Licensing.

Administrative Code. —

For examinations for dental licensure, see 12 AAC 28, art. 2.

For continuing professional competence requirements, see 12 AAC 28, art. 4.

For dental hygienist examination, see 12 AAC 28, art. 5.

Collateral references. —

61 Am. Jur. 2d, Physicians, Surgeons and Other Healers, §§ 6, 13-15.

70 C.J.S., Physicians and Surgeons, §§ 35-37, 41.

Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice dentistry from owning, maintaining or operating an office therefor, 20 ALR2d 808.

Regulation of prosthetic dentistry, 45 ALR2d 1243.

Liability for dental malpractice in provision or fitting of dentures, 77 ALR4th 222.

Sec. 08.36.100. License required.

Except as provided in AS 08.36.238 and 08.36.254 , a person may not practice, or attempt to practice, dentistry without a license.

History. (§ 1 art III ch 186 SLA 1955; am § 4 ch 155 SLA 1968; am § 19 ch 49 SLA 1980; am § 22 ch 100 SLA 1984; am § 25 ch 53 SLA 2012; am § 1 ch 29 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, inserted “and 08.36.254 ” following “AS 08.36.238 ”.

Sec. 08.36.110. Qualifications for license; interview.

  1. An applicant for a license to practice dentistry shall
    1. provide certification to the board that the applicant
      1. is a graduate of a dental school that, at the time of graduation, is approved by the board;
      2. has successfully passed a written examination approved by the board;
      3. has not had a license to practice dentistry revoked, suspended, or voluntarily surrendered in this state or another state;
      4. is not the subject of an adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application, or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction;
      5. is not the subject of an unresolved or an adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant’s ability or competence to practice dentistry or on the safety or well-being of patients;
      6. is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Boards Clearinghouse for Board Actions that relates to criminal or fraudulent activity, or dental malpractice;
      7. is not impaired to an extent that affects the applicant’s ability to practice dentistry;
      8. has not been convicted of a crime that adversely reflects on the applicant’s ability or competency to practice dentistry or that jeopardizes the safety or well-being of a patient;
    2. pass, to the satisfaction of the board, written, clinical, and other examinations administered or approved by the board; and
    3. meet the other qualifications for a license established by the board by regulation, including education in pain management and opioid use and addiction in the two years preceding the application for a license, unless the applicant has demonstrated to the satisfaction of the board that the applicant does not currently hold a valid federal Drug Enforcement Administration registration number; approved education may include dental school coursework.
  2. An applicant for licensure may be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.

History. (§ 2 art III ch 186 SLA 1955; am § 1 ch 26 SLA 1965; am § 1 ch 36 SLA 1970; am § 7 ch 69 SLA 1970; am § 25 ch 245 SLA 1970; am § 10 ch 127 SLA 1974; am §§ 20, 32 ch 49 SLA 1980; am § 23 ch 100 SLA 1984; am § 3 ch 63 SLA 1987; am § 2 ch 122 SLA 1992; am § 9 ch 35 SLA 2003; am § 4 ch 47 SLA 2005; am §§ 26, 27 ch 53 SLA 2012; am § 3 ch 2 SSSLA 2017)

Administrative Code. —

For examinations for dental licensure, see 12 AAC 28, art. 2.

Effect of amendments. —

The 2017 amendment, effective July 1, 2018, in (a)(3), added the language beginning “, including education in pain management” to the end, and made stylistic changes.

Sec. 08.36.114. Qualifications for acupuncture applicants. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.36.115. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]

Secs. 08.36.120, 08.36.130. Signing, photograph, and filing date of application; Examination. [Repealed, § 8 ch 47 SLA 2005.]

Sec. 08.36.140. Out-of-state examination. [Repealed, § 40 ch 100 SLA 1984.]

Sec. 08.36.150. Examination in out-of-state dental schools. [Repealed, § 40 ch 100 SLA 1984.]

Sec. 08.36.160. Contents of examination. [Repealed, § 8 ch 47 SLA 2005.]

Sec. 08.36.170. Partial examination. [Repealed, § 40 ch 100 SLA 1984.]

Secs. 08.36.180, 08.36.190. Reexamination; Grading of examination. [Repealed, § 8 ch 47 SLA 2005.]

Sec. 08.36.200. Waiver of written examination. [Repealed, § 40 ch 100 SLA 1984.]

Secs. 08.36.210 — 08.36.220. Waiver of examination and issuance of license by reciprocity. [Repealed, § 32 ch 49 SLA 1980. For current law, see AS 08.36.234.]

Sec. 08.36.230. Practice outside the state. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.36.234. Licensure by credentials.

  1. The board may waive the examination requirement and license by credentials if the dentist applicant meets the requirements of AS 08.36.110 , submits proof of continued competence as required by regulation, pays the required fee, and has
    1. an active license from a board of dental examiners established under the laws of a state or territory of the United States issued after thorough examination; or
    2. passed an examination as specified by the board in regulations.
  2. A dentist applying for licensure without examination is responsible for providing to the board all materials required by the board to implement this section to establish eligibility for a license without examination. In addition to the grounds for revocation of a license under AS 08.36.315 , the board may revoke a license issued without examination upon evidence of misinformation or substantial omission.
  3. The board shall adopt regulations necessary to implement this section, including the form and manner of certification of qualifications under this section.
  4. A dentist applying for licensure without examination shall be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.

History. (§ 23 ch 49 SLA 1980; am § 27 ch 100 SLA 1984; am § 4 ch 122 SLA 1992; am § 3 ch 13 SLA 1998; am § 7 ch 24 SLA 2001; am § 10 ch 35 SLA 2003; am § 5 ch 47 SLA 2005; am § 1 ch 83 SLA 2008; am §§ 28 — 30 ch 53 SLA 2012)

Sec. 08.36.238. Exemption from license requirement.

  1. A person enrolled as a student in an accredited school of dentistry may perform procedures as part of a course of study without a license if
    1. the procedures are performed under the direct supervision of a member of the faculty who is licensed under this chapter, or under the direct supervision of a team of licensed faculty dentists, at least one of whom is licensed under this chapter; and
    2. the clinical program has received written approval from the board.
  2. A person practicing dentistry under (a) of this section is subject to all other provisions of this chapter and to other laws and regulations that apply to the practice of dentistry.

History. (§ 23 ch 49 SLA 1980; am § 31 ch 53 SLA 2012)

Sec. 08.36.240. Issuance and display of license.

The board shall issue a license to each successful dentist applicant who has paid the required fees. The licensee shall display the license in a conspicuous place where the licensee practices.

History. (§ 11 art III ch 186 SLA 1955; am § 6 ch 121 SLA 1972; am § 28 ch 100 SLA 1984)

Sec. 08.36.244. License to practice as specialist required. [Repealed, § 40 ch 53 SLA 2012.]

Secs. 08.36.246 — 08.36.248. Qualification for a specialist license; limitation of special practice; suspension or revocation of specialty licenses. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.36.250. License renewal, lapse, and reinstatement.

  1. At least 60 days before expiration of a license issued under this chapter, the department shall notify the licensed dentist. A licensee who wishes to renew a license shall submit a completed license renewal form, the appropriate fee, and evidence of continued professional competence as required by the board. The department shall, as soon as practicable, issue a new license valid for a stated number of years. Failure to receive notification from the department under this subsection does not exempt a licensee from renewing a license to practice dentistry under this chapter.
  2. When applying for license renewal, a dentist shall report to the board each instance during the prior registration period in which the quality of the licensee’s professional services was the subject of legal action.
  3. A licensed dentist who does not pay the license renewal fee forfeits the dentist’s license. The board may reinstate the license without examination within two years after the date on which payment was due upon written application, proof of continued professional competence, and payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b) .

History. (§ 12 art III ch 186 SLA 1955; am § 9 ch 155 SLA 1968; am § 7 ch 121 SLA 1972; am § 25 ch 49 SLA 1980; am § 31 ch 100 SLA 1984; am § 20 ch 94 SLA 1987; am § 7 ch 14 SLA 2005; am §§ 32, 33 ch 53 SLA 2012)

Cross references. —

For certificate duration and renewal, see AS 08.01.100 .

Administrative Code. —

For special permits, see 7 AAC 27, art. 9.

For occupational licensing fees, see 12 AAC 2, art. 2.

For continuing professional competence requirements, see 12 AAC 28, art. 4.

Legislative history reports. —

For governor’s transmittal letter for ch. 14, SLA 2005 (SB 52), amending (a) of this section, see 2005 Senate Journal 42 — 43.

Notes to Decisions

For history of taxation of profession of dentistry, see United States v. Dasher, 9 Alaska 719 (D. Alaska 1940).

Cited in

State v. Smith, 593 P.2d 625 (Alaska 1979).

Sec. 08.36.254. Temporary permit to substitute for an incapacitated dentist.

  1. The board may issue a temporary permit to practice dentistry to a dentist for the purpose of substituting for an incapacitated dentist licensed in this state.
  2. A dentist applying for a temporary permit under (a) of this section shall
    1. hold an active license from a board of dental examiners established under the laws of a state or territory of the United States issued after thorough examination;
    2. pay the required fee; and
    3. meet other qualifications for a temporary permit established by regulation.
  3. A temporary permit issued under this section is valid only to treat patients of the incapacitated dentist at an address listed on the business license of the incapacitated dentist.
  4. The fee for a permit issued under this section is one-fourth of the fee for a biennial license plus the appropriate application fee.
  5. The board may not issue a temporary permit under this section if another dentist licensed under this chapter may reasonably substitute for the incapacitated dentist.
  6. A temporary permit issued under this section is initially valid for 90 consecutive calendar days. Upon request of a permittee, the board shall extend a permit issued under this section for 60 calendar days if, before the expiration of the initial 90-day permit, the permittee submits to the board a completed application form and the fee required under this chapter, except that the board may refuse to grant a request for an extension for the same reasons the board may revoke a license under AS 08.36.315 . Permits and extensions of permits issued to a permittee under this section are not valid for more than 240 calendar days during any consecutive 24 months.
  7. The board may extend a permit issued under this section for a period that exceeds the limit established in (f) of this section if the board determines that the extension is necessary to provide essential dental services and the board has received a clearance report from the
    1. National Practitioner Data Bank; and
    2. United States Drug Enforcement Administration.
  8. In this section, “incapacitated” means impaired by a health condition that renders a dentist unable to practice dentistry for more than 30 days.

History. (§ 2 ch 29 SLA 2018)

Effective Dates. —

Section 5, ch. 29, SLA 2018 makes this section effective January 1, 2019.

Sec. 08.36.260. Branch office registration. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.36.270. Permits for isolated areas. [Repealed, § 3 ch 26 SLA 1965; § 5 ch 93 SLA 1965.]

Sec. 08.36.271. Permits for isolated areas. [Repealed, § 40 ch 53 SLA 2012.]

Sec. 08.36.280. Temporary permit. [Repealed, § 40 ch 100 SLA 1984.]

Sec. 08.36.285. Licensing a permittee. [Repealed, § 10 ch 121 SLA 1972.]

Sec. 08.36.290. Fees. [Repealed, § 40 ch 53 SLA 2012.]

Article 3. Unlawful Acts.

Sec. 08.36.310. Grounds for revocation of license. [Repealed, § 32 ch 49 SLA 1980.]

Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license.

The board may revoke or suspend the license of a dentist, or may reprimand, censure, or discipline a dentist, or both, if the board finds, after a hearing, that the dentist

  1. used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license;
  2. engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for professional dental services or engaging in professional activities;
  3. advertised professional dental services in a false or misleading manner;
  4. received compensation for referring a person to another dentist or dental practice;
  5. has been convicted of a felony or other crime that affects the dentist’s ability to continue to practice dentistry competently and safely;
  6. engaged in the performance of patient care, or permitted the performance of patient care by persons under the dentist’s supervision, regardless of whether actual injury to the patient occurred,
    1. that did not conform to minimum professional standards of dentistry; or
    2. when the dentist, or a person under the supervision of the dentist, did not have the permit, registration, or certificate required under AS 08.32 or this chapter;
  7. failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
  8. continued to practice after becoming unfit due to
    1. professional incompetence;
    2. addiction or dependence on alcohol or other drugs that impair the dentist’s ability to practice safely;
    3. physical or mental disability;
  9. engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;
  10. permitted a dental hygienist or dental assistant who is employed by the dentist or working under the dentist’s supervision to perform a dental procedure in violation of AS 08.32.110 or AS 08.36.346 ;
  11. failed to report to the board a death that occurred on the premises used for the practice of dentistry within 48 hours;
  12. falsified or destroyed patient or facility records or failed to maintain a patient or facility record for at least seven years after the date the record was created;
  13. prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.36.355 ; or
  14. procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has