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2023 Alaska Statutes › Title 8. Business and Professions › Chapter 65. Direct-Entry Midwives › Sec. 08.65.110. Grounds for discipline, suspension, or revocation of certification.

The board may impose a disciplinary sanction on a person holding a certificate or permit under this chapter if the board finds that the person
(1) secured a certificate or permit 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 or permitted the performance of client care by persons under the certified direct-entry midwife's supervision that does not conform to minimum professional standards regardless of whether actual injury to the client occurred;
(6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
(7) continued to practice after becoming unfit due to
(A) professional incompetence;
(B) failure to keep informed of current professional practices;
(C) addiction or severe dependency on alcohol or other drugs that impairs the ability to practice safely;
(D) physical or mental disability;
(8) engaged in lewd or immoral conduct in connection with the delivery of professional service to clients.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 65. Direct-Entry Midwives › Sec. 08.65.120. Disciplinary sanctions.

(a) When it finds that a person holding a certificate or permit is guilty of an offense under AS 08.65.110, the board, in addition to the powers provided in AS 08.01.075, may impose the following sanctions singly or in combination:
(1) permanently revoke a certificate or permit to practice;
(2) suspend a certificate or permit for a determinate period of time;
(3) censure a person holding a certificate or permit;
(4) issue a letter of reprimand;
(5) place a person holding a certificate or permit on probationary status and require the person to
(A) report regularly to the board upon matters involving the basis of probation;
(B) limit practice to those areas prescribed;
(C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the board to need improvement;
(6) impose limitations or conditions on the practice of a person holding a certificate or permit.
(b) The board may withdraw probationary status if it finds that the deficiencies that required the sanction have been remedied.
(c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. 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) not later than seven days after the effective date of the order, and the person may appeal the suspension after a hearing to a court of competent jurisdiction.
(d) The board may reinstate a certificate or permit that has been suspended or revoked if the board finds after a hearing that the applicant is able to practice with reasonable skill and safety.
(e) The board shall seek consistency in the application of disciplinary sanctions, and significant departure from prior decisions involving similar situations shall be explained in findings of fact or orders.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 65. Direct-Entry Midwives › Sec. 08.65.140. Required practices.

The board shall adopt regulations regarding the practice of direct-entry midwifery. At a minimum, the regulations must require that a certified direct-entry midwife
(1) recommend, before care or delivery of a client, that the client undergo a physical examination performed by a physician, physician assistant, or advanced practice registered nurse who is licensed in this state;
(2) obtain informed consent from a client before onset of labor;
(3) comply with AS 18.15.150 regarding taking of blood samples, AS 18.15.200 regarding screening of phenylketonuria (PKU), AS 18.50.160 regarding birth registration, AS 18.50.230 regarding registration of deaths, AS 18.50.240 regarding fetal death registration, and regulations adopted by the Department of Health concerning prophylactic treatment of the eyes of newborn infants;
(4) not knowingly deliver a woman with certain types of health conditions, prior history, or complications as specified by the board.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 65. Direct-Entry Midwives › Sec. 08.65.160. Certification required if designation used.

A person who is not certified under this chapter or whose certification is suspended or revoked, or whose certification has lapsed, who knowingly uses in connection with the person's name the words or letters “C.D.M.,” “Certified Direct-Entry Midwife,” or other letters, words, or insignia indicating or implying that the person is certified as a direct-entry midwife by this state or who in any way, orally or in writing, directly or by implication, knowingly holds out as being certified by the state as a direct-entry midwife in this state is guilty of a class B misdemeanor.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 65. Direct-Entry Midwives › Sec. 08.65.170. Exclusions.

This chapter does not apply to a person
(1) who is licensed as a physician in this state;
(2) who is licensed as a certified nurse midwife by the Board of Nursing in this state.
(3) [Repealed, § 6 ch 99 SLA 2014.]
(4) [Repealed, § 6 ch 99 SLA 2014.]
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 65. Direct-Entry Midwives › Sec. 08.65.190. Definitions.

In this chapter,
(1) “board” means the Board of Certified Direct-Entry Midwives;
(2) “department” means the Department of Commerce, Community, and Economic Development;
(3) “practice of midwifery” means providing necessary supervision, health care, preventative measures, and education to women during pregnancy, labor, and the postpartum period; conducting deliveries on the midwife's own responsibility; providing immediate postpartum care of the newborn infant, well-baby care for the infant through the age of four weeks, and preventative measures for the infant; identifying physical, social, and emotional needs of the newborn and the woman; arranging for consultation, referral, and continued involvement of the midwife on a collaborative basis when the care required extends beyond the scope of practice of the midwife; providing direct supervision of student and apprentice midwives; and executing emergency measures in the absence of medical assistance, as specified in regulations adopted by the board.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.015. Sale of motor vehicle.

(a) A person who does business as a dealer in the state may not offer to sell or sell a motor vehicle as a new motor vehicle unless
(1) the motor vehicle retains the manufacturer's certificate of origin; and
(2) the dealer has a current sales and service agreement with the manufacturer of the motor vehicle for sales in this state.
(b) [Repealed, § 2 ch 61 SLA 2006.]
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.030. Form of application.

The department shall prescribe and furnish the form of application for dealer registration under AS 08.66.010. The application must contain
(1) the name under which the business is conducted;
(2) the location and telephone number of the business;
(3) the name and address of all persons having an interest in the business and, in the case of a corporation, the application shall contain the name and address of the two principal officers;
(4) the name and make of all vehicles handled;
(5) a statement of whether or not used vehicles are handled;
(6) a statement that the applicant is a bona fide dealer in motor vehicles with an established business at the location given;
(7) a statement that no person holding a five percent or greater interest in the business has, during the five-year period immediately preceding the date of the application, been convicted of a felony if the felony involved fraud, embezzlement, or misappropriation of property;
(8) a statement that the applicant has reviewed the workers' compensation insurance requirements of AS 23.30 and will maintain applicable workers' compensation insurance as required under AS 23.30;
(9) a copy of a certificate of insurance documenting that the applicant maintains the insurance coverage required under AS 08.66.085;
(10) if the applicant sells a motor vehicle as a new or current model motor vehicle having a manufacturer's warranty, the name of the manufacturer of the motor vehicle and the date and duration of the applicant's sales and service agreement with the manufacturer; and
(11) other information the department requires to administer this chapter.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.040. Filing application for registration; identification of dealer.

The application shall be filed with the department. Upon receipt of the application, the department shall examine it and may make an investigation of the information in it. If the department is satisfied that the dealer is entitled to registration, and the fees have been paid and a bond filed, the department shall assign a distinctive registration number to the dealer and file the dealer's application and index it alphabetically and numerically. A dealer is registered when the department assigns a registration number. A dealer shall inform each person who purchases a vehicle from the dealer that the dealer is registered under this chapter and provide the dealer's registration number.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.060. Bond.

(a) An applicant for a dealer registration under AS 08.66.010 shall file with the application and shall maintain in force while registered a bond in favor of the state that is executed by a surety approved by the commissioner. The amount of the bond shall be $100,000, except that the amount of a bond for a dealer who sells only motorcycles shall be $25,000. The bond must be conditioned on the dealer's
(1) doing business in compliance with this chapter and the other laws of this state; and
(2) not committing fraud or making fraudulent representations in the course of doing business as a dealer.
(b) A surety may cancel the bond required by (a) of this section by giving notice in writing to the commissioner or the commissioner's designee. However, cancellation does not relieve a surety of liability arising before cancellation or a liability that has accrued on the bond before cancellation. The commissioner or the commissioner's designee shall retain the cancelled bond on file and may not relieve a surety of a liability arising before cancellation or accruing on the bond before cancellation.
(c) A bond filed under (a) of this section is valid for renewal of a dealer registration unless the surety has provided a written notice of cancellation to the commissioner.
(d) In this section, “commissioner” means the commissioner of administration.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.070. Action on bond.

If a person suffers loss or damage by reason of fraud, fraudulent representations, or a violation of a provision of this chapter or another law of this state by a dealer, the person has a right of action against the dealer and a personal right of action against the surety upon the bond. The aggregate liability of the surety may not exceed the amount of the bond.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.260. Buyer's agent contract required.

(a) Before a buyer's agent negotiates on behalf of a buyer the purchase of a motor vehicle from a motor vehicle dealer, the buyer's agent must have a written contract with the buyer.
(b) The contract required by (a) of this section must include a description of the specific services to be provided by the buyer's agent, the date when the buyer's agent will provide the services, and a description of the fees that the buyer's agent will charge, including any fee that the buyer is to pay before the motor vehicle is delivered to the buyer.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.280. Fees of buyer's agent.

(a) A buyer's agent may not collect a fee from a buyer before the agent and the buyer enter into the contract required by AS 08.66.260.
(b) A buyer's agent may not calculate the fee of the buyer's agent as a percentage of the motor vehicle purchase price or of the savings achieved by the agent for the buyer on the purchase of the motor vehicle.
(c) Until the motor vehicle is delivered to the buyer, a buyer's agent shall hold in trust in a bank account a fee that the agent receives before the buyer receives the motor vehicle.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.300. Certain compensation prohibited.

A buyer's agent may not accept a rebate, kickback, commission, or other form of compensation from a financial institution, motor vehicle dealer, or other person, except the buyer, on a motor vehicle purchase that the agent negotiates for a buyer.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.320. Records of buyer's agent.

A buyer's agent shall maintain complete records of each motor vehicle purchase the agent negotiates, including the purchase arrangements and monetary transactions. The records must include
(1) copies of advertisements, brochures, and pamphlets issued, used, or distributed by the buyer's agent during the sales transaction;
(2) the original contract between the buyer's agent and the buyer;
(3) copies of any purchase orders issued by the buyer's agent;
(4) evidence of the delivery of the motor vehicle to the buyer;
(5) a copy of the purchase agreement between the buyer and the motor vehicle dealer; and
(6) a copy of any service agreement between the manufacturer and the motor vehicle dealer.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 66. Motor Vehicle Dealers and Buyers' Agents › Sec. 08.66.350. Definitions.

In this chapter,
(1) “buyer's agent” means a person who does business in the state by negotiating on behalf of a buyer the purchase of a motor vehicle from a motor vehicle dealer;
(2) “department” means the Department of Administration;
(3) “motor vehicle” means a motor vehicle that is required to be registered under AS 28.10;
(4) “motor vehicle dealer” or “dealer”
(A) means
(i) a buyer's agent; or
(ii) a person, other than a manufacturer, who sells, leases, solicits, or arranges for the sale or lease of five or more motor vehicles in any 12 consecutive months, regardless of who owns the vehicles;
(B) does not include
(i) a receiver, a trustee, an administrator, an executor, a guardian, or another person appointed by a court or a person performing duties as a public officer;
(ii) a person disposing of a motor vehicle acquired and actually used for the person's own use or for the use of a family member of the person, or acquiring a motor vehicle for the person's own use or for the use of a family member of the person if the vehicle is acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;
(iii) a person who sells motor vehicles as an incident of the person's principal business but who is not engaged primarily in the selling of motor vehicles;
(iv) an employee of an organization arranging for the purchase or lease by the organization of a vehicle for use in the organization's business;
(v) a publication, broadcast, or other communications media when engaged in the business of advertising, but not otherwise arranging for the sale of a motor vehicle owned by another person.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 1. Board of Nursing. › Sec. 08.68.010. Creation and membership of Board of Nursing.

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 appointment;
(2) one member shall be a registered nurse engaged in nursing education at the associate, baccalaureate, or graduate degree level at an institution that holds national nursing accreditation;
(3) one member shall be an advanced practice registered nurse who is currently engaged in advanced practice registered nursing and has practiced for at least four years immediately preceding appointment;
(4) two members shall be registered nurses at large who are currently engaged in registered nursing and have practiced for at least four years immediately preceding appointment; and
(5) two members shall be persons who have no direct financial interest in the health care industry.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 1. Board of Nursing. › Sec. 08.68.111. Executive administrator of the board.

(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 board.
(b) The executive administrator shall perform duties as prescribed by the board.
(c) [Repealed by § 29 ch 14 SLA 1982.]
(d) [Repealed by § 1 ch 129 SLA 1974.]
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.170. Qualifications of registered or practical nurse applicants.

(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 national nursing accrediting body and approved by the board.
(b) An applicant for a license to practice practical 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
(1) a practical nurse education program accredited by a national nursing accrediting body;
(2) a practical nurse education program that meets the criteria established by the board under AS 08.68.100; or
(3) a registered nurse education program accredited by a national nursing accrediting body and approved by the board and, if the applicant has failed the registered nurse licensing examination, a practical nurse scope of practice course approved by the board.
(c) An applicant for a license to practice advanced 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
(1) is licensed as a registered nurse in the state; and
(2) has successfully completed an advanced practice registered nurse education program that meets the criteria established by the board under AS 08.68.100.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.190. License by examination.

(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 certification examination as prescribed by the board.
(b) If an applicant meets the qualifications set out in AS 08.68.170 for the license for which the applicant applied, the board shall issue a license to practice
(1) registered or practical nursing to an applicant who passes the licensing examination to practice registered or practical nursing; or
(2) advanced practice registered nursing to an applicant who passes the advanced practice registered nursing certification examination to practice advanced practice registered nursing.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.200. License by endorsement.

(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 practice registered, or practical nurse under the laws of another state if, in the opinion of the board, the applicant meets the qualifications required for licensing in the state and meets the requirements of AS 08.68.170.
(b) 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 not worked as a nurse within the past five years if the applicant meets the requirements of (a) of this section and
(1) meets the continuing competency requirements of the board; or
(2) completes a course of study approved by the board.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.210. Temporary permits.

(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 08.68.200(a);
(2) meets the requirements of AS 08.68.170; and
(3) pays the required fee.
(b) The board may issue a nonrenewable permit to an applicant for license by examination if the applicant meets the qualifications of AS 08.68.170. The permit is valid for a period not to exceed six months or the date on which the results of the licensing examination taken by the applicant are received by the applicant, whichever is sooner. If the applicant does not take the examination for which the applicant is scheduled, the permit lapses on the day of the examination.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.220. Fees.

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 nursing:
(A) application;
(B) license by examination;
(C) license by endorsement;
(D) license renewal;
(E) temporary permit;
(3) advanced practice registered nursing:
(A) application;
(B) license by certification examination;
(C) license by endorsement;
(D) license renewal;
(E) temporary permit.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.230. Use of title and abbreviation.

(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) [Repealed, § 15 ch 29 SLA 2014.]
(d) A person who holds a temporary permit to practice as a licensed practical nurse shall use the title “Temporary Licensed Practical Nurse” and the abbreviation “TLPN.”
(e) A person licensed to practice advanced practice registered nursing in the state may use the title “advanced practice registered nurse” and the abbreviation “APRN.”
(f) A person licensed to practice advanced practice registered nursing in the state as a
(1) certified registered nurse anesthetist may use the title “certified registered nurse anesthetist” and the abbreviation “CRNA”;
(2) certified clinical nurse specialist may use the title “clinical nurse specialist” and the abbreviation “CNS”;
(3) certified nurse practitioner may use the title “certified nurse practitioner” and the abbreviation “CNP”; or
(4) certified nurse midwife may use the title “certified nurse midwife” and the abbreviation “CNM.”
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.251. Lapsed licenses.

(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 requirements for reinstatement of a lapsed license.
(b) If a license is lapsed for more than five years, in addition to the requirements in (a) of this section,
(1) the board shall require the applicant to complete a course of study approved by the board or to pass an examination prescribed by the board, and to pay the fees prescribed by this chapter; or
(2) if the board determines that the person applying for reinstatement was actively employed in nursing in another state or jurisdiction during the time that the license has lapsed in this state, the license that has lapsed may be reinstated by payment of fees and completion of the other requirements in (a) of this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.270. Grounds for denial, suspension, or revocation.

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 qualifications, functions, or duties of the licensee;
(3) habitually abuses alcoholic beverages, or illegally uses controlled substances;
(4) has impersonated a registered, advanced practice registered, or practical nurse;
(5) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;
(6) practices or attempts to practice nursing while afflicted with physical or mental illness, deterioration, or disability that interferes with the individual's performance of nursing functions;
(7) is guilty of unprofessional conduct as defined by regulations adopted by the board;
(8) has wilfully or repeatedly violated a provision of this chapter or regulations adopted under this chapter or AS 08.01;
(9) is professionally incompetent;
(10) denies care or treatment to a patient or person seeking assistance if the sole reason for the denial is the failure or refusal of the patient or person seeking assistance to agree to arbitrate as provided in AS 09.55.535(a);
(11) has prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.68.705; or
(12) has procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action or harm to the patient.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.275. Disciplinary sanctions.

(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 conditions on the professional practice of a licensee;
(6) impose peer review;
(7) impose professional education requirements until a satisfactory degree of skill has been attained in those aspects of professional practice determined by the board to need improvement;
(8) impose probation and require the licensee to report regularly to the board upon matters involving the basis for the probation;
(9) accept a voluntary surrender of a license.
(b) The board may withdraw probation status if it finds that the deficiencies that required the sanction have been remedied.
(c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety. 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.
(d) The board may reinstate a license that has been suspended or revoked if the board finds, after a hearing, that the applicant is able to practice with skill and safety.
(e) The board may return a license that has been voluntarily surrendered if the board determines that the licensee is competent to resume practice and that the applicable renewal fees are paid.
(f) The board shall seek consistency in the application of disciplinary sanctions. A significant departure from prior decisions involving similar situations shall be explained in the findings of fact or order.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.276. Continuing competence required.

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 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.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.277. Duty of employers to report.

(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 shall, within seven working days after the action, report to the board the name and address of the person and the reason for the action. An employer shall report to the board the name and address of a nurse or nurse aide who resigns while under investigation by the employer. The requirement of an employer to report under this section applies only to a discharge, suspension, or restriction of practice that is based on a ground allowing action by the board under AS 08.68.270 or 08.68.334 or for conduct prohibited under AS 08.68.340.
(b) Upon receipt of a report under (a) of this section, the board shall investigate the matter and take appropriate action under AS 08.68.275.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.278. Immunity for certain reports to the board.

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 or a nurse aide certified under this chapter who reports to the board the information required under AS 08.68.277 is not liable in a civil action for damages resulting from the reporting of the information.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 2. Examination and Licensing. › Sec. 08.68.279. Whistleblower protection for nurses concerning delegated duties.

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 task involving nursing care delegated to the nurse by the nurse's superior if
(1) the nurse alleges that the task was improperly delegated;
(2) the nurse reports the attempted improper delegation to the board within 24 hours after the attempted delegation was made; and
(3) the board finds that the task was improperly delegated.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 3. Nursing Education Programs. › Sec. 08.68.280. Nursing education program prohibited unless approved.

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 educational institution.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 3. Nursing Education Programs. › Sec. 08.68.290. Application for accreditation.

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, advanced practice registered nursing, or practical nursing; and
(2) meet other standards established by law and by the board.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 4. Certified Nurse Aides. › Sec. 08.68.331. Certification of nurse aides.

(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 of nurse aides, including
(1) the training, educational, and other qualifications for certification that will ensure that the nurse aides are competent to perform the tasks of their occupation;
(2) application, certification, renewal, and revocation procedures; and
(3) maintenance of a registry of certified nurse aides.
(b) The board may
(1) conduct hearings upon charges of alleged violations of this chapter or regulations adopted under it; and
(2) invoke, or request the department to invoke, disciplinary action under AS 08.01.075 against a certified nurse aide.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 4. Certified Nurse Aides. › Sec. 08.68.332. Use of title.

(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 11.81.900(a).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 4. Certified Nurse Aides. › Sec. 08.68.333. Registry of certified nurse aides.

(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 with their employment by a facility participating in the Medicaid or Medicare program.
(b) If the board finds that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with employment as a nurse aide, the board shall revoke the nurse aide's certification and enter the finding in the registry.
(c) Upon receiving a notice of a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the board shall immediately revoke the nurse aide's certification without a hearing, enter the finding in the registry, and notify the nurse aide of the revocation and entry of the finding. Notice is considered given when delivered personally to the nurse aide or deposited in the United States mail addressed to the nurse aide's last known mailing address on file with the board. The department shall retain proof of mailing.
(d) If the certified nurse aide is employed in a skilled nursing facility or a nursing facility, other than an intermediate care facility for persons with intellectual and developmental disabilities, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the board, a finding that the certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide's employment at the facility.
(e) The board shall establish procedures under which a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property and the resulting revocation of certification will be removed from the registry if the certified nurse aide requests a hearing and can establish mistaken identity or the finding has been set aside by the reporting agency or by a court of competent jurisdiction.
(f) AS 44.62.330 - 44.62.630 do not apply to actions taken under (c) of this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 4. Certified Nurse Aides. › Sec. 08.68.334. Grounds for denial, suspension, or revocation of certificate.

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 substantially related to the qualifications, functions, or duties of a certified nurse aide;
(3) has impersonated a registered, advanced practice registered, or practical nurse or other licensed health care provider;
(4) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;
(5) is incapable of working as a certified nurse aide with reasonable skill, competence, and safety for the public because of
(A) professional incompetence;
(B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely;
(C) physical or mental disability; or
(D) other factors determined by the board;
(6) has knowingly or repeatedly failed to comply with this chapter, a regulation adopted under this chapter, or with an order of the board; or
(7) has misappropriated the property of, abused, or neglected a client.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 4. Certified Nurse Aides. › Sec. 08.68.335. Immunity for certain reports to the board.

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.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 4. Certified Nurse Aides. › Sec. 08.68.336. Fees.

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.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 5. Unlawful Acts. › Sec. 08.68.340. Prohibited conduct.

(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 properly made under AS 08.68.805 or is giving necessary aid to the ill, injured, or infirm in an emergency;
(3) employ as a nurse a person who is not licensed to practice nursing;
(4) use in connection with the person's name a designation that implies that the person is a licensed nurse unless the person is licensed;
(5) practice nursing during the time that the person's license is suspended or revoked;
(6) practice nursing with knowledge that the person's license has lapsed;
(7) conduct a nursing education program and represent or imply that it is accredited by the board, unless the program has been accredited by the board.
(b) It is a class A misdemeanor for a person to knowingly or intentionally do any of the acts described in (a)(1) - (5) and (7) of this section.
(c) It is a violation for a person to practice nursing during the time that the person's license has lapsed if the person does not know that the license has lapsed.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 5. Unlawful Acts. › Sec. 08.68.360. Unlicensed practice a public nuisance.

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.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 5. Unlawful Acts. › Sec. 08.68.370. Application for injunction.

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 defendant from practicing registered, advanced practice registered, or practical nursing.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 5. Unlawful Acts. › Sec. 08.68.380. Issuance of injunction.

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 enjoin the defendant from further practice.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 6. Miscellaneous Provisions. › Sec. 08.68.705. Maximum dosage for opioid prescriptions.

(a) An advanced practice registered nurse may not issue
(1) an initial prescription for an opioid that exceeds a seven-day supply to an adult patient for outpatient use;
(2) a prescription for an opioid that exceeds a seven-day supply to a minor; at the time an advanced practice registered nurse writes a prescription for an opioid for a minor, the advanced practice registered nurse shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use.
(b) Notwithstanding (a) of this section, an advanced practice registered nurse may issue a prescription for an opioid that exceeds a seven-day supply to an adult or minor patient if, in the professional judgment of the advanced practice registered nurse, more than a seven-day supply of an opioid is necessary for
(1) the patient's acute medical condition, chronic pain management, pain associated with cancer, or pain experienced while the patient is in palliative care; the advanced practice registered nurse may write a prescription for an opioid for the quantity needed to treat the patient's medical condition, chronic pain, pain associated with cancer, or pain experienced while the patient is in palliative care; the advanced practice registered nurse shall document in the patient's medical record the condition triggering the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; or
(2) a patient who is unable to access a practitioner within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the advanced practice registered nurse may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the advanced practice registered nurse shall document in the patient's medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in AS 11.71.900.
(c) This section does not authorize an advanced practice registered nurse to prescribe a controlled substance if the advanced practice registered nurse is not otherwise authorized to prescribe a controlled substance under policies, procedures, or regulations issued or adopted by the board.
(d) In this section,
(1) “adult” means
(A) an individual who has reached 18 years of age; or
(B) an emancipated minor;
(2) “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590;
(3) “minor” means an individual under 18 years of age who is not an emancipated minor.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 68. Nursing › Article 6. Miscellaneous Provisions. › Sec. 08.68.710. Prescription of drugs without physical examination.

(a) The board may not impose disciplinary sanctions on an advanced practice registered nurse for rendering a diagnosis, providing treatment, or prescribing, dispensing, or administering a prescription drug that is not a controlled substance to a person without conducting a physical examination if
(1) the advanced practice registered nurse or another licensed health care provider in the medical practice is available to provide follow-up care; and
(2) the advanced practice registered nurse requests that the person consent to sending a copy of all records of the encounter to the person's primary care provider if the prescribing advanced practice registered nurse is not the person's primary care provider and, if the person consents, the advanced practice registered nurse sends the records to the person's primary care provider.
(b) The board may not impose disciplinary sanctions on an advanced practice registered nurse for prescribing, dispensing, or administering a prescription drug that is a controlled substance if the requirements under (a) of this section and AS 08.68.705 are met and the advanced practice registered nurse prescribes, dispenses, or administers the controlled substance.
(c) Notwithstanding (a) and (b) of this section, an advanced practice registered nurse may not prescribe, dispense, or administer a prescription drug in response to an Internet questionnaire or electronic mail message to a person with whom the advanced practice registered nurse does not have a prior provider-patient relationship.
(d) In this section,
(1) “controlled substance” has the meaning given in AS 11.71.900;
(2) “prescription drug” has the meaning given in AS 08.80.480;
(3) “primary care provider” has the meaning given in AS 21.07.250.