Title 08 — Business and Professions
52 chapters · 1,415 sections in this title.
AS 08.68.010 Creation and membership of Board of Nursing.
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There is created a Board of Nursing, consisting of seven members appointed by the governor as follows: (1) one member shall be a licensed practical nurse who is currently engaged in licensed practical nursing and has practiced for at least two years immediately preceding appointm…
AS 08.68.020 Secs. 08.68.020 , 08.68.030. Term of office; limitation on term of service. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]
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[Repealed or reserved.]
AS 08.68.040 Source of appointments. [Repealed, § 46 ch 102 SLA 1976.]
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[Repealed or reserved.]
AS 08.68.050 Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020.]
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[Repealed or reserved.]
AS 08.68.060 Qualifications of registered nurse and licensed practical nurse board members. [Repealed, § 15 ch 29 SLA 2014.]
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[Repealed or reserved.]
AS 08.68.070 Election of officers.
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The board shall annually elect a chairman and secretary from among its members.
AS 08.68.080 Meetings.
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The board shall meet at least four times a year.
AS 08.68.090 Quorum.
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A majority of the board constitutes a quorum.
AS 08.68.100 Duties and powers of board.
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(a) The board shall (1) adopt regulations necessary to implement this chapter, including regulations (A) pertaining to practice as an advanced practice registered nurse, including requirements for an advanced practice registered nurse to practice as a certified registered nurse a…
AS 08.68.110 Appointment of executive officer. [Repealed, § 3 ch 59 SLA 1966.]
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[Repealed or reserved.]
AS 08.68.111 Executive administrator of the board.
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(a) The Department of Commerce, Community, and Economic Development, in consultation with the board, shall employ a licensed registered nurse who holds, at a minimum, a master's degree in nursing and who is not a member of the board to serve as executive administrator of the boar…
AS 08.68.120 Secs. 08.68.120 — 08.68.130. Bond; disposition of fees. [Repealed, § 3 ch 59 SLA 1966.]
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[Repealed or reserved.]
AS 08.68.140 Applicability of Administrative Procedure Act.
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Except as specified in AS 08.68.333(f), the board shall comply with AS 44.62 (Administrative Procedure Act).
AS 08.68.150 Expenses.
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Article 2. Examination and Licensing. Members of the board are entitled to the per diem and travel expenses allowed by law.
AS 08.68.160 License required.
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A person practicing or offering to practice registered, advanced practice registered, or practical nursing in the state shall submit evidence of qualification to practice and shall be licensed under this chapter.
AS 08.68.165 Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]
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[Repealed or reserved.]
AS 08.68.170 Qualifications of registered or practical nurse applicants.
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(a) An applicant for a license to practice registered nursing shall submit to the board, on forms and in the manner prescribed by the board, written evidence, verified by oath, that the applicant has successfully completed a registered nurse education program accredited by a nati…
AS 08.68.180 Qualifications of certain practical nurse applicants. [Repealed, § 15 ch 29 SLA 2014.]
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[Repealed or reserved.]
AS 08.68.190 License by examination.
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(a) An applicant for a license to practice (1) registered or practical nursing shall pass a registered nursing or practical nursing licensing examination as prescribed by the board; (2) advanced practice registered nursing shall pass an advanced practice registered nursing certif…
AS 08.68.200 License by endorsement.
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(a) The board may issue a license by endorsement to practice as a registered, advanced practice registered, or practical nurse, whichever is appropriate, to an applicant who has worked as a nurse within the past five years if the applicant is licensed as a registered, advanced pr…
AS 08.68.210 Temporary permits.
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(a) The board may issue a temporary permit, nonrenewable and valid for a period not exceeding six months, to an applicant for a license by endorsement if the applicant (1) submits proof satisfactory to the board that the applicant is currently licensed in another state under AS 0…
AS 08.68.220 Fees.
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The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for each of the following: (1) registered nursing: (A) application; (B) license by examination; (C) license by endorsement; (D) license renewal; (E) temporary permit; (2) practical n…
AS 08.68.230 Use of title and abbreviation.
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(a) A person licensed to practice registered nursing in the state may use the title “registered nurse” and the abbreviation “R.N”. (b) A person licensed to practice practical nursing in the state may use the title “licensed practical nurse” and the abbreviation “L.P.N.” (c) [Repe…
AS 08.68.240 Nurses licensed or holding temporary permits under previous law. [Repealed, § 15 ch 29 SLA 2014.]
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[Repealed or reserved.]
AS 08.68.250 Renewal of license. [Repealed, § 3 ch 81 SLA 1969. For current law, see AS 08.01.100.]
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[Repealed or reserved.]
AS 08.68.251 Lapsed licenses.
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(a) A lapsed license may be reinstated if it has not remained lapsed for more than five years by payment of the license fees for the current renewal period and the penalty fee. The board, by regulation, shall establish continuing competency and criminal background check requireme…
AS 08.68.260 Inactive nurses. [Repealed, § 29 ch 14 SLA 1982. For current law, see AS 08.68.251.]
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[Repealed or reserved.]
AS 08.68.265 Supervision of practical nurses.
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A practical nurse shall work under the supervision of a licensed registered or advanced practice registered nurse, a licensed physician, a licensed physician assistant, or a licensed dentist.
AS 08.68.270 Grounds for denial, suspension, or revocation.
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The board may deny, suspend, or revoke the license of a person who (1) has obtained or attempted to obtain a license to practice nursing by fraud or deceit; (2) has been convicted of a felony or other crime if the felony or other crime is substantially related to the qualificatio…
AS 08.68.275 Disciplinary sanctions.
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(a) The board may take the following disciplinary actions singly or in combination: (1) permanently revoke a license or permit to practice; (2) suspend a license for a stated period of time; (3) censure a licensee; (4) issue a letter of reprimand; (5) impose limitations or condit…
AS 08.68.276 Continuing competence required.
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A license to practice nursing may not be renewed unless the nurse has complied with continuing competence requirements established by the board by regulation. The board shall adopt regulations for renewal of a license of an advanced practice registered nurse. The regulations must…
AS 08.68.277 Duty of employers to report.
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(a) An employer of a nurse licensed under this chapter or a nurse aide certified under this chapter practicing within the scope of that license or certification that discharges or suspends a nurse or nurse aide or conditions or restricts the practice of a nurse or nurse aide shal…
AS 08.68.278 Immunity for certain reports to the board.
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A person who, in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a nurse licensed under this chapter, a nurse aide certified under this chapter, or an employer of a nurse licensed under this chapter…
AS 08.68.279 Whistleblower protection for nurses concerning delegated duties.
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Article 3. Nursing Education Programs. An employer may not discharge, threaten, or otherwise discriminate against a nurse employed by the employer regarding the nurse's compensation, terms, conditions, location, or privileges of employment for the nurse's refusal to perform a tas…
AS 08.68.280 Nursing education program prohibited unless approved.
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A person, institution, or agency may not conduct a nursing education program that prepares persons for examination or licensing unless the program is approved by the board. A program may be approved by the board only if it is established through an approved postsecondary educatio…
AS 08.68.290 Application for accreditation.
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An institution desiring to conduct a nursing education program to prepare registered, advanced practice registered, or practical nurses shall apply to the board and submit evidence that it is prepared to (1) carry out the curriculum approved by the board for registered nursing, a…
AS 08.68.300 Secs. 08.68.300 — 08.68.320. Accreditation by board. [Repealed, § 29 ch 14 SLA 1982.]
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[Repealed or reserved.]
AS 08.68.330 List of approved programs.
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Article 4. Certified Nurse Aides. The board shall prepare, maintain, and from time to time publish a list of approved nursing education programs in the state.
AS 08.68.331 Certification of nurse aides.
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(a) The board or the Department of Commerce, Community, and Economic Development, as designated by the board, shall issue certification as a nurse aide to qualified applicants. The board, after consultation with affected agencies, may adopt regulations regarding the certification…
AS 08.68.332 Use of title.
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(a) A person may not use the title “certified nurse aide” or the abbreviation “C.N.A.” unless the person is certified under this chapter. (b) A person who knowingly violates this section is guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in …
AS 08.68.333 Registry of certified nurse aides.
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(a) The board shall maintain a registry of certified nurse aides. At a minimum, this registry must include the information required under federal regulations that are applicable to nurse aides found to have committed abuse, neglect, or misappropriation of property in connection w…
AS 08.68.334 Grounds for denial, suspension, or revocation of certificate.
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The board may deny a certification to, or impose a disciplinary sanction authorized under AS 08.01.075 against, a person who (1) has obtained or attempted to obtain certification as a nurse aide by fraud, deceit, or intentional misrepresentation; (2) has been convicted of a crime…
AS 08.68.335 Immunity for certain reports to the board.
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A person who, in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a certified nurse aide is not liable in a civil action for damages resulting from the reporting of the information.
AS 08.68.336 Fees.
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Article 5. Unlawful Acts. The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for certified nurse aides for each of the following: (1) application; (2) examination; (3) certification; and (4) renewal of certification.
AS 08.68.340 Prohibited conduct.
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(a) It is a class B misdemeanor for a person to (1) practice nursing under a diploma, license, or record that is unlawfully obtained, signed, or issued; (2) practice or offer to practice nursing without a license, unless the person is practicing within the scope of a delegation p…
AS 08.68.350 Punishment for misdemeanor. [Repealed, § 29 ch 14 SLA 1982.]
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[Repealed or reserved.]
AS 08.68.360 Unlicensed practice a public nuisance.
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The practice of registered, advanced practice registered, or practical nursing for compensation by a person who is not licensed, or whose license is suspended, or revoked, or expired, is declared to be inimical to the public welfare and to constitute a public nuisance.
AS 08.68.370 Application for injunction.
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The board may apply for an injunction in a competent court to enjoin a person not licensed or whose license is suspended or revoked or expired from practicing registered, advanced practice registered, or practical nursing. The court may issue a temporary injunction enjoining the …
AS 08.68.380 Issuance of injunction.
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If it is established that the defendant has been or is practicing registered, advanced practice registered, or practical nursing without a license or has been or is practicing nursing after the defendant's license has been suspended or revoked, or has expired, the court may enjoi…
AS 08.68.390 Remedy not exclusive.
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If a person violates an injunction issued under this section, the person may be punished for contempt of court. The injunction proceeding is in addition to other penalties and remedies provided in this chapter.