NOTICE OF PROPOSED CHANGES ON OCCUPATIONAL LICENSING FUNCTIONS IN THE REGULATIONS OF THE DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT

Brief Description: The Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing proposes to update regulations relating to general occupational licensing functions.

The Department of Commerce, Community, and Economic Development (Department) proposes to adopt regulation changes in Title 12, Chapter 02 of the Alaska Administrative Code, including the following:

1. 12 AAC 02.105. Administrative fees, is proposed to be amended to repeal the following fees: duplicate license fee, photocopy fee, facsimile fee, and the exam postponement fee. The name change fee is proposed to be decreased.
2. 12 AAC 02.140. Board of Barbers and Hairdressers, is proposed to be amended to clarify that the practical examination fee for barbers, non-chemical barbers, hairdressers, estheticians, and instructors be paid directly to the contracted third-party vendor.
3. 12 AAC 02.150. Board of Chiropractic Examiners, is proposed to be amended to increase application fees for initial licensure, locum tenens permit, any courtesy license, and to increase license fees for the initial license, renewal license, and to increase the delayed renewal penalty fee. The examination fee is proposed to be decreased.
4. 12 AAC 02.180.Construction Contractors, is proposed to be amended to add fees for both the initial application and the renewal application for residential endorsement continuing competency course approval.
5. 12 AAC 02.190. Board of Dental Examiners, is proposed to be amended to repeal the credential review fee, and to repeal the application and review fee for licensure by credentials. It is proposed that all initial license applications have the same fee.
6. 12 AAC 02.242. Board of Marital and Family Therapy, is proposed to be amended to decrease the initial license fee, the renewal fee, and the four-year associate license fee for supervised practice.
7. 12 AAC 02.250.State Medical Board, is proposed to amend the following fees for physicians, podiatrists, and osteopaths: decrease the fees for the temporary permit, initial licensure, active biennial license renewal, and inactive biennial license renewal. The following fees for physician assistants will be amended: repeal the fee for establishing or changing a collaborative relationship; decrease fees for initial licensure, and license renewal.
8. 12 AAC 02.280. Board of Nursing: fees for nurses and advanced practice registered nurses, is proposed to be amended to increase the initial registered or practical nursing license application fee, to decrease the license fee for all or part of the initial biennial licensing period, and to clarify that the reexamination fee be paid directly to the credentialing program determined by the board.
9. 12 AAC 02.282. Board of Nursing: fees for certified nurse aides, is proposed to be amended to clarify that the examination fee and the reexamination fee be paid directly to the contracted third-party vendor.
10. 12 AAC 02.310. Board of Pharmacy, is proposed to be amended to decrease the license and registration fees for registered pharmacy located outside of the state and non-resident wholesale drug distributors.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Department will accept comments by facsimile at (907) 465-2974 and by electronic mail at [email protected]. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/215870, and using the comment link. The comments must be received not later than 4:30 p.m. on July 30, 2024.

You may submit written questions relevant to the proposed action to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at [email protected]. The questions must be received at least 10 days before the end of the public comment period. The Department will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Department's website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing.aspx.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or [email protected] not later than July 23, 2024to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Stefanie Davis at (907) 465-2537, [email protected], or at https://www.commerce.alaska.gov/web/portals/5/pub/CEN-0424.pdf.

After the public comment period ends, the Department will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 08.01.062; AS 08.01.065; AS 08.01.100; AS 08.13.185; AS 08.18.041; AS 08.20.180; AS 08.20.185; AS 08.32.030; AS 08.32.070; AS 08.32.071; AS 08.32.081; AS 08.36.250; AS 08.36.254; AS 08.63.100; AS 08.63.110; AS 08.63.130; AS 08.63.140; AS 08.64.107; AS 08.64.270; AS 08.64.272; AS 08.64.276; AS 08.64.315; AS 08.68.220; AS 08.68.336; AS 08.80.159; AS 08.80.160
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.062; AS 08.01.065; AS 08.01.100; AS 08.13.185; AS 08.20.180; AS 08.32.030; AS 08.32.070; AS 08.63.100; AS 08.64.315; AS 08.68.220; AS 08.68.336; AS 08.80.160

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

DATE: 6/28/2024
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1. Adopting agency: Department of Commerce, Community, and Economic Development - Division of Corporations, Business and Professional Licensing.

2. General subject of regulation: General occupational licensing functions.

3. Citation of regulation: 12 AAC 02.105 through 12 AAC 02.310.

4. Department of Law file number: 2024200192.

5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statutes.

6. Appropriation/Allocation: Corporations, Business and Professional Licensing - #2360.

7. Estimated annual cost to comply with the proposed action to:
A private person: $600 chiropractor application fee; $600 chiropractor locum tenens permit fee; $600 chiropractor courtesy license fee; $1,000 chiropractor license fee; $1,000 chiropractor renewal fee; $200 delayed renewal penalty fee for chiropractors; $25 construction contractor continuing competency course approval application fee; $25 construction contractor continuing competency course approval renewal fee; $750 marital and family therapy license fee; $750 marital and family therapy renewal fee; $250 four-year associate license fee for supervised practice - marital and family therapy; $350 physician, podiatrist, osteopath license fee and renewal fee; $200 inactive biennial license renewal fee for physicians, podiatrists, osteopaths; $150 license fee and renewal fee for physician assistants; $200 initial registered or practical nursing license application fee; $100 license fee for registered or practical nurses.

Another state agency: None known.
A municipality: None known.

8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2024 or in subsequent years.

9. The name of the contact person for the regulation:
Melissa Dumas, Administrative Operations Manager
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-2572
E-mail: [email protected]

10. The origin of the proposed action: Staff of state agency.

11.Date: 6/28/2024
Prepared by: Stefanie Davis, Regulations Specialist

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