NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT Brief Description: The Department of Commerce, Community, and[...]

NOTICE OF PROPOSED CHANGES 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 for various non-boarded programs throughout the Division.

The Department of Commerce, Community, and Economic Development (Department) proposes to adopt regulation changes in Title 12, Chapter 05 of the Alaska Administrative Code for regulations relating to professional licensing requirements for Acupuncture as follows:

1. 12 AAC 05.100. Application requirements, is proposed to remove the requirement for two letters of reference attesting to the applicant's good moral character, and to add the requirement of an attestation from the applicant when applying regarding disciplinary actions.

The Department proposes to adopt regulation changes in Title 12, Chapter 30 of the Alaska Administrative Code for regulations relating to professional licensing requirements for Dispensing Opticians as follows:

1. 12 AAC 30.900. Verifications, is proposed to be repealed to remove the requirement for verifications of licensure, examinations, or training to be certified or notarized when coming from a licensing jurisdiction or supervisor.

The Department proposes to adopt regulation changes in Title 12, Chapter 42 of the Alaska Administrative Code for regulations relating to professional licensing requirements for Naturopaths as follows:

1. 12 AAC 42.040. License renewal, is proposed to change the renewal date for Naturopaths from March 31 of even-numbered years to a date set by the division.
2. 12 AAC 42.050. Reinstatement of a lapsed license, is proposed to remove the requirement of the payment of a penalty fee for lapsed licenses.

The Department proposes to adopt regulation changes in Title 12, Chapter 46 of the Alaska Administrative Code for regulations relating to professional licensing requirements for Nursing Home Administrators as follows:

1. 12 AAC 46.010. Eligibility for a nursing home administrator license, is proposed to update the education requirements from a baccalaureate degree to an associate degree, and to add an active Health Care Services Executive credential issued by the National Associate of Long Term Care Administrator Boards as a way to meet the experience and training requirements for initial licensure.
2. 12 AAC 46.020. Application for initial license, is proposed to remove the 45-day requirement for documents to be submitted prior to approval to take an examination, and to repeal the requirement for an applicant to submit evidence for passing the licensing examination when applying for an initial license.
3. 12 AAC 46.041. Nursing home administrator-in-training program, is proposed to update the material adopted by reference, the requirements for an acceptable AIT program, and to add a way to apply if in an AIT program without prior approval by the department.
4. 12 AAC 46.051. Administrator-in-training preceptor requirements, is proposed to update the material adopted by reference.

The Department proposes to adopt regulation changes in Title 12, Chapter 50 of the Alaska Administrative Code for regulations relating to professional licensing requirements for Mortuary Science as follows:

1. 12 AAC 50.100. Qualifications for sponsors for apprenticeship trainees, is proposed to clarify language in regulation.

The Department proposes to adopt regulation changes in Title 12, Chapter 76 of the Alaska Administrative Code for regulations relating to professional licensing requirements for Pawnbrokers as follows:

1. 12 AAC 76.200. Pawnbroker license renewal, is proposed to change the renewal date for Pawnbrokers from December 31 of odd-numbered years to a date set by the department.

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/217763. The comments must be received not later than 4:30 p.m. on January 16, 2025.

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 January 9, 2025 to ensure that any necessary accommodations 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/NON-0223.pdf.

A copy of material proposed for adoption by reference is available at https://www.nabweb.org/seeking-licensure/ait-information/ait-program-manual.

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 08.01.060; AS 08.01.065; AS 08.01.100; AS 08.06.020; AS 08.06.030; AS 08.06.070; AS 08.06.100; AS 08.42.010; AS 08.42.050; AS 08.42.085; AS 08.45.100; AS 08.70.050; AS 08.70.090; AS 08.70.110; AS 08.76.110; AS 08.76.140; AS 08.76.470

Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.100; AS 08.06.070; AS 08.06.100; AS 08.42.010; AS 08.42.085; AS 08.45.100; AS 08.70.050; AS 08.70.110; AS 08.76.140; AS 08.76.470

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: 12/15/2024
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 for the following non-boarded programs: Acupuncture, Dispensing Opticians, Naturopaths, Nursing Home Administrators, Mortuary Science, and Pawnbrokers.

3. Citation of regulation: 12 AAC 05.100, 12 AAC 30.900, 12 AAC 42.040. 12 AAC 42.050, 12 AAC 46.010, 12 AAC 46.020, 12 AAC 46.041, 12 AAC 46.051, 12 AAC 50.100, 12 AAC 76.200.

4. Department of Law file number: 2024200404.

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: None known.
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 2025 or in subsequent years.

9. The name of the contact person for the regulation:
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-2537
E-mail: [email protected]

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

11. Date: 12/15/2024
Prepared by: Stefanie Davis, Regulations Specialist

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