Title 08 — Business and Professions

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) regulati…

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 …

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) hav…

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

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 t…

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

(a) 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…

(a) 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. (b) If the applicant is a natural person, the application must require that the applicant submit the applicant's social se…

(a) 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…

(a) 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 th…

(a) 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 depar…

(a) 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 …

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, inves…

(a) 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;…

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.

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.

(a) 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…

[Repealed or reserved.]

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 departmen…

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).

(a) Licenses shall be renewed biennially on the dates set by the department with the approval of the respective board. (b) 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, t…

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…

(a) A person receiving the citation issued under AS 08.01.102 is not required to sign a notice to appear in court. (b) 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. (c) Th…

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 t…

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.

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) “licens…

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 (A) member of, or witness before, a licensing board or peer review committee established to review a licensing matter; (…

[Repealed or reserved.]

Article 2 Miscellaneous Professions, Occupations, and Activities Regulated Directly by the Department

(a) 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…

Article 3. Special Provisions relating to Health Care Providers 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 Professi…

(a) [See delayed amendment note.] 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…

(a) 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, com…

(a) A health care provider licensed in this state may provide health care services within the health care provider's authorized scope of practice to a patient in this state through telehealth without first conducting an in-person visit. (b) A physician licensed in another state o…

The department may sanction a member of an out-of-state physician's multidisciplinary care team who provides health care services through telehealth under AS 08.02.130 if the department finds after a hearing that the member (1) secured a license through deceit, fraud, or intentio…

Article 4 General Provisions (a) If the department finds grounds to sanction a member of an out-of-state physician's multidisciplinary care team under AS 08.02.135, the department may (1) permanently prohibit the member from practicing in the state; (2) prohibit the member from p…

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

(a) [Repealed, § 4 ch 14 SLA 1987.] (b) [Repealed, § 4 ch 14 SLA 1987.] (c) 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 08.08.0…

(a) 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 y…

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 inte…

There is created the Board of Public Accountancy.

(a) 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. (b) Except for public members,…

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

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.

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 s…

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

(a) 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. (b) The executive secretary sh…

[Repealed or reserved.]

(a) The board shall elect annually from its members a presiding officer, secretary, and treasurer. One person may hold the offices of secretary and treasurer. (b) The board may adopt and amend regulations for the orderly conduct of its affairs and for the administration of this c…

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 …