reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 1. Licensing. › Sec. 08.26.050. Temporary license.

(a) The department shall issue a temporary license to an individual under AS 08.26.020 or 08.26.030 who
(1) is not certified by a nationally recognized organization in the field of guardianships at the time of the application but is likely to become certified within one year from the date of the license, and otherwise satisfies the licensing requirements of AS 08.26.020 or 08.26.030; and
(2) satisfies the application requirements of AS 08.26.060.
(b) If the individual with a temporary license under (a) of this section submits proof of certification by a nationally recognized organization in the field of guardianships within one year from the date of the issuance of the temporary license, the department shall issue the individual a license under AS 08.26.020 or 08.26.030 without requiring a new application.
(c) A temporary license issued under this section may not be renewed.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 1. Licensing. › Sec. 08.26.060. Application requirements.

To apply for a license under this chapter, a person shall submit an application on a form provided by the department and submit
(1) two complete fingerprint cards containing fingerprints and other information required by the Department of Public Safety to obtain state and national criminal history record information under AS 12.62 and AS 12.64;
(2) a written waiver of confidentiality signed by the applicant allowing the department to access at any time relevant complaint information made about the applicant to adult protective services, the designated protection and advocacy agency, the long term care ombudsman, or an entity that certifies or licenses private professional guardians or private professional conservators;
(3) a written statement signed by the applicant that the applicant will allow immediate access at any time to the department to the file of a ward or protected person and to financial information regarding the applicant, including corporate or other business records; and
(4) payment of the application fee, any criminal history record information checks fee charged under AS 12.62.160(d), and any other fees required by the department.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 1. Licensing. › Sec. 08.26.070. Criminal history record information checks.

(a) For each applicant for a license under this chapter, the department shall submit the fingerprint cards and other relevant information received with the application to the Department of Public Safety and request the Department of Public Safety to
(1) submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record information check on the applicant;
(2) perform a state criminal history record information check on the applicant; and
(3) provide the department with the results of the criminal history record information checks made under (1) and (2) of this subsection.
(b) The department may not issue a license to a person under this section unless the department receives the report required by (a)(3) of this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 2. Reports. › Sec. 08.26.080. Annual report.

(a) Within 30 days following the end of each calendar year, a licensee shall submit to the office of public advocacy, Department of Administration
(1) evidence of the continuing existence of a court ordered bond, if any, required by a court to be maintained by the guardian or conservator;
(2) a list, including case numbers, of the wards and protected persons for whom the licensee is acting as a private professional guardian or private professional conservator;
(3) an accurate financial statement of the licensee, including total fees collected from the protected person, total business expenses, and documents necessary to establish financial solvency of the licensee;
(4) a letter stating that the licensee has filed all required court reports in the previous calendar year; and
(5) a copy of all of the licensee's federal tax documents filed with the Internal Revenue Service and all of the licensee's correspondence with the Internal Revenue Service for the calendar year.
(b) The office of public advocacy shall notify the department of the licensee's compliance with (a) of this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 3. Practices. › Sec. 08.26.100. Court appointment.

An individual who engages in the business of providing services as a guardian or conservator may not be appointed as a guardian or a conservator in a court proceeding unless the individual is licensed under this chapter or exempt under AS 08.26.010 or AS 08.26.180.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 3. Practices. › Sec. 08.26.110. Fees.

(a) A licensee may not receive a payment for services rendered to a ward or a protected person until the licensee obtains court approval of a proposed fee schedule. The fee schedule must include a statement of the hourly fee for professional and administrative services and a monthly maximum amount that the licensee can charge the ward or protected person.
(b) A payment requested by a licensee that exceeds the established monthly maximum amount identified under (a) of this section may not be made unless the payment is approved by the court. A request for court approval of a fee that exceeds the established monthly maximum amount must include the following information for the services covered by the fee:
(1) the name of the person who provided the service;
(2) the date when the service was provided;
(3) the hourly rate of compensation for the service;
(4) a description of the service; and
(5) the amount of time used to perform the service.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 3. Practices. › Sec. 08.26.120. Required notification.

A licensee shall notify the department immediately if
(1) the licensee fails to file a report to the court required by this chapter;
(2) the licensee has been removed as a guardian or conservator for a ward or protected person;
(3) the licensee has received a gift with a value of more than $100 from a ward or protected person during the two years before the appointment;
(4) the licensee has an interest in an enterprise that provides services to the ward or protected person;
(5) an employee or contractor of the licensee is arrested for any offense; or
(6) the licensee has filed for bankruptcy.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 4. Discipline. › Sec. 08.26.130. Grounds for disciplinary action.

The department may take disciplinary action against an individual under AS 08.01.075 or refuse to issue or renew a license if the department determines that the individual
(1) obtained or attempted to obtain a license under this chapter through deceit, fraud, or intentional misrepresentation;
(2) has not complied with the standards of conduct established by the department under AS 13.26.001;
(3) forfeited a license in this or another jurisdiction as a result of deceit, fraud, intentional misrepresentation, or professional incompetence;
(4) has been found by a court in this state to have engaged in professional misconduct or incompetence;
(5) has advertised the individual's services in a false or misleading manner;
(6) has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that affects the individual's ability to provide services competently and safely for the ward or protected person;
(7) has been found to have abandoned, exploited, abused, or neglected a vulnerable adult; in this paragraph, “vulnerable adult” has the meaning given in AS 47.24.900;
(8) has failed to comply with this chapter or with a regulation adopted under this chapter;
(9) has continued or attempted to practice after becoming unfit due to professional incompetence;
(10) has failed to maintain certification by a nationally recognized organization in the field of
(A) guardianships, if the individual was issued a private professional guardian license; or
(B) conservatorships, if the individual was issued a private professional conservator license; or
(11) fails to maintain a bond or other surety as required by a court order.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 4. Discipline. › Sec. 08.26.140. Petition by department.

In addition to the disciplinary actions allowed under AS 08.01.075, the department may petition a court to review the conduct of a licensee if the department determines that the conduct of the licensee may not be in the best interests of the ward or protected person.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 5. General Provisions. › Sec. 08.26.180. Exemption.

An individual who is employed by a financial institution regulated by the federal government or a financial institution regulated under AS 06 by the department is not required to be licensed under this chapter in order to engage, in the course of the individual's employment by the financial institution, in the business of providing services as a guardian or a conservator or be appointed as a private professional guardian or a private professional conservator by a court. In this section, “financial institution” does not include a person who is exempt under AS 06.26.020 or who has received an exemption under AS 06.26.200.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 26. Private Professional Conservators and Guardians › Article 5. General Provisions. › Sec. 08.26.190. Definitions.

In this chapter,
(1) “conservator” has the meaning given in AS 13.06.050;
(2) “department” means the Department of Commerce, Community, and Economic Development;
(3) “guardian” has the meaning given in AS 13.06.050;
(4) “licensee” means a person licensed under this chapter;
(5) “private professional conservator” means an individual who acts as a conservator under 13.26.401 - 13.26.580 and receives compensation for acting in that capacity;
(6) “private professional conservator license” means a license issued under AS 08.26.030;
(7) “private professional guardian” means an individual who acts as a guardian under 13.26.101 - 13.26.316 and receives compensation for acting in that capacity;
(8) “private professional guardian license” means a license issued under AS 08.26.020;
(9) “protected person” has the meaning given in AS 13.26.005;
(10) “ward” has the meaning given in AS 13.26.005.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 1. Board of Professional Counselors. › Sec. 08.29.010. Board creation; membership.

(a) There is established the Board of Professional Counselors consisting of five members appointed by the governor, one of whom is a public member and four of whom are licensed professional counselors.
(b) In addition to the requirements for public members under AS 08.01.025, the public member of the board may not
(1) ever have been a licensed professional counselor or employed in a commercial or professional field related to counseling; or
(2) live in a household with a person who is or has been, or have an immediate family member who is or has been, a licensed professional counselor or employed in a commercial or professional field related to professional counseling; in this paragraph, “immediate family member” means a parent, sibling, or child related by blood, marriage, or adoption.
(c) Of the four counselor members of the board, at least one shall be employed in the private sector and at least one shall be employed in the public sector.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 1. Board of Professional Counselors. › Sec. 08.29.020. Duties of the board.

(a) In addition to the duties specified in AS 08.01, the board shall
(1) license professional counselors, establish criteria for supervisor certification, and certify approved counselor supervisors under this chapter; the board may provide for licensure in areas of counseling specialization;
(2) establish continuing education requirements for the renewal of a license under this chapter;
(3) adopt, by regulation, a code of ethics that must be observed by persons licensed under this chapter;
(4) establish education and training requirements that must be met before a professional counselor can administer and use assessment instruments described in AS 08.29.490(1)(C); and
(5) enforce the provisions of this chapter and adopt regulations necessary to carry out the board's duties under this chapter.
(b) The board may delegate to the Department of Commerce, Community, and Economic Development, and the department may perform, a duty for which the board has authority.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 2. Licensing Requirements. › Sec. 08.29.100. Unlicensed use of title prohibited.

(a) A person who is not licensed under this chapter may not
(1) profess to be a licensed professional counselor, a professional counselor, or a licensed counselor; or
(2) make use of a title, words, letters, or abbreviations that may reasonably be confused with the title of “licensed professional counselor,” “professional counselor,” or “licensed counselor.”
(b) Violation of this section is a class B misdemeanor, except that a third or subsequent conviction for violating this section is a class C felony.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 2. Licensing Requirements. › Sec. 08.29.110. Qualifications for licensure.

(a) The board shall issue a professional counselor license to a person who applies for the license, submits the required fee, submits two letters of recommendation from professional counselors who are familiar with the applicant's practice of professional counseling, and presents evidence satisfactory to the board that the person
(1) is at least 18 years of age;
(2) is not under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter;
(3) has not had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction suspended, revoked, or surrendered in lieu of discipline unless the license has been fully reinstated in that jurisdiction;
(4) has passed a written examination as required by the board; the board may provide that passing a nationally recognized examination for professional counselors is sufficient to meet the examination requirement of this paragraph;
(5) has successfully completed either
(A) an earned doctoral degree in counseling or a related professional field from a regionally or nationally accredited institution of higher education approved by the board; or
(B) an earned master's degree in counseling or a related professional field, from a regionally or nationally accredited institution of higher education approved by the board, and at least 60 graduate semester hours in counseling during or after earning the master's degree; and
(6) has, after earning the degree required under either (5)(A) or (B) of this subsection, had at least 3,000 hours of supervised experience in the practice of professional counseling performed over a period of at least two years under the supervision of a supervisor approved under AS 08.29.210, with at least 1,000 hours of direct counseling with individuals, couples, families, or groups and at least 100 hours of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, under regulations of the board, the board allows the supervision to be by telephonic or electronic means because of the remote location of the counselor.
(b) The board may, in its regulations, specify the areas of study that must be covered in order to meet the educational requirements of (a) of this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 2. Licensing Requirements. › Sec. 08.29.120. Licensure by credentials.

(a) Except as provided in (b) of this section, the board may issue a license under this chapter to a person who is licensed in another jurisdiction to practice professional counseling if the board finds that the other jurisdiction has substantially the same or higher licensure requirements as this state.
(b) The board may not license under this section a person who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete and disciplinary sanctions, if any, are imposed and the person has complied with the sanctions.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 2. Licensing Requirements. › Sec. 08.29.130. Licensure of foreign-educated applicants.

The board may issue a license under this chapter to a person who
(1) has completed a doctorate or master's degree educational program in counseling or a related professional field in a foreign college or university approved by the board;
(2) meets the requirements of AS 08.29.110 except for AS 08.29.110(a)(5); and
(3) demonstrates to the satisfaction of the board that the applicant's experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution in the United States.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 3. Miscellaneous Provisions. › Sec. 08.29.200. Confidentiality of communications.

(a) A person licensed under this chapter may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to
(1) a communication to a potential victim, the family of a potential victim, law enforcement authorities, or other appropriate authorities concerning a clear and immediate probability of physical harm to the client, other individuals, or society;
(2) a case conference or case consultation with other mental health professionals at which the patient is not identified;
(3) the release of information that the client in writing authorized the licensee to reveal;
(4) information released to the board during the investigation of a complaint or as part of a disciplinary or other proceeding; or
(5) situations where the rules of evidence applicable to the psychotherapist-patient privilege allow the release of the information.
(b) Notwithstanding (a) of this section, a person licensed under this chapter shall report incidents of
(1) child abuse or neglect as required by AS 47.17;
(2) harm or assaults suffered by a vulnerable adult as required by AS 47.24.
(c) Information obtained by the board under (a)(4) of this section is confidential and is not a public record for purposes of AS 40.25.110 - 40.25.140.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 3. Miscellaneous Provisions. › Sec. 08.29.210. Supervisor certification.

(a) The board shall approve and certify a person as an approved counselor supervisor for the purposes of this chapter if the person
(1) is licensed as a professional counselor or is a licensed physician, licensed advanced practice registered nurse who is certified to provide psychiatric or mental health services, licensed clinical social worker, licensed marital and family therapist, licensed psychologist, or licensed psychological associate;
(2) submits an application for certification and the appropriate fee;
(3) has five years of counseling experience;
(4) provides to the board for its approval or disapproval a statement that details the person's supervision philosophy, orientation, and experience; and
(5) meets other criteria that may be established by the board in regulations.
(b) Certification under (a) of this section remains in effect, without the need for renewal of the certification, until the person's professional licensure is revoked, suspended, or otherwise lapses.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 3. Miscellaneous Provisions. › Sec. 08.29.220. Disclosure statement.

A client may not be charged a fee for professional counseling services unless, before the performance of the services, the client was furnished a copy of a professional disclosure statement that contained
(1) the name, title, business address, and business telephone number of the professional counselor;
(2) a description of the formal professional education of the professional counselor, including the institutions attended and the degrees received from them;
(3) the professional counselor's areas of specialization and the services available;
(4) the professional counselor's fee schedule listed by type of service or hourly rate;
(5) at the bottom of the first page of the statement, the following sentence: “This information is required by the Board of Professional Counselors which regulates all licensed professional counselors,” followed by the name, address, and telephone number of the board's office.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 3. Miscellaneous Provisions. › Sec. 08.29.230. Limitation of practice.

Notwithstanding that a specific act is within the definition of the “practice of professional counseling,” a person licensed under this chapter may not perform the act if the person lacks appropriate education or training related to the act.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 29. Licensed Professional Counselors › Article 4. General Provisions. › Sec. 08.29.490. Definitions.

In this chapter,
(1) “practice of professional counseling” means, subject to (C) of this paragraph, the application of principles, methods, or procedures of the counseling profession to diagnose or treat, other than through the use of projective testing or individually administered intelligence tests, mental and emotional disorders that are referenced in the standard diagnostic nomenclature for individual, group, and organizational therapy, whether cognitive, affective, or behavioral, within the context of human relationships and systems; if otherwise within the scope of this paragraph, “practice of professional counseling” includes
(A) the professional application of evaluation techniques, treatments, and therapeutic services to individuals and groups for the purpose of treating the emotional and mental disorders;
(B) an applied understanding of the dynamics of the individual and of group interactions, along with the application of therapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perceptions, attitudes, and behaviors in the area of human relationships; and
(C) consistent with regulations adopted by the board under AS 08.29.020(a)(4), administration and use of appropriate assessment instruments that measure or diagnose problems or dysfunctions within the course of human growth and development as part of a counseling process or in the development of a treatment plan;
(2) “supervision” means supervision in which the supervisor is available to provide clinical oversight to the supervisee either in person or by a communication device.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 1. Examination and Licensing of Dental Hygienists. › Sec. 08.32.010. License required.

Except as provided in AS 08.32.095, a person may not practice, offer or attempt to practice, or advertise or announce as being prepared or qualified to practice dental hygiene without a license.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 1. Examination and Licensing of Dental Hygienists. › Sec. 08.32.014. Qualifications for license.

(a) An applicant for a license to practice dental hygiene shall
(1) provide evidence to the board that the applicant
(A) has successfully completed an academic program in dental hygiene of at least two years duration that, at the time of graduation, is accredited by the Commission on Dental Accreditation of the American Dental Association and is approved by the board;
(B) has passed a written theory examination of the American Dental Association Joint Commission on National Dental Examinations or an equivalent examination approved by the board;
(C) has successfully passed a state or regional dental hygiene clinical examination approved by the board;
(D) has not had a license to practice dental hygiene revoked, suspended, or voluntarily surrendered in this state or another state;
(E) is not the subject of an adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding undertaken by a state, territorial, local, or federal dental licensing jurisdiction;
(F) is not the subject of an unresolved or adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding undertaken by a state, territorial, local, or federal dental licensing jurisdiction or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant's ability or competence to practice as a dental hygienist or on the safety or well-being of patients;
(G) is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Boards Clearinghouse for Board Actions that relates to criminal or fraudulent activity or dental malpractice;
(H) is not impaired to an extent that affects the applicant's ability to practice as a dental hygienist;
(I) has not been convicted of a crime that adversely reflects on the applicant's ability or competency to practice as a dental hygienist or that jeopardizes the safety or well-being of a patient; and
(2) meet the other qualifications for a license established by the board by regulation.
(b) An applicant for a license to practice dental hygiene may be interviewed in person by the board or a designee of the board. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 1. Examination and Licensing of Dental Hygienists. › Sec. 08.32.030. Licensure by credentials.

The board may provide for the licensing without examination of a dental hygienist who
(1) meets the criteria of AS 08.32.014;
(2) submits proof of continued competence as specified in regulations adopted by the board;
(3) is currently licensed to practice dental hygiene in another state or territory of the United States; and
(4) pays the fees established under AS 08.01.065.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 1. Examination and Licensing of Dental Hygienists. › Sec. 08.32.071. Renewal of license.

At least 60 days before expiration of a dental hygienist's license, the Department of Commerce, Community, and Economic Development shall notify the licensed dental hygienist. Each licensee who wishes to renew a dental hygienist's license shall submit a completed license renewal form, the appropriate fee, and evidence of continued professional competence as required by the board. The Department of Commerce, Community, and Economic Development shall, as soon as practicable, issue a dental hygienist license valid for a stated number of years. Failure to receive notification from the department under this section does not exempt a licensee from renewing the licensee's dental hygienist license.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 1. Examination and Licensing of Dental Hygienists. › Sec. 08.32.081. Lapse and reinstatement of license.

A licensed dental hygienist who does not pay the renewal fee under AS 08.32.071 forfeits the hygienist's license. The board may reinstate the license without examination within two years of the date on which payment was due upon written application, proof of continued professional competence, and payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 1. Examination and Licensing of Dental Hygienists. › Sec. 08.32.085. Restorative function license endorsement.

(a) The board shall issue a restorative function endorsement to a licensed dental hygienist if the licensee furnishes evidence satisfactory to the board that the licensee has
(1) successfully completed a course offered by or under the auspices of a program accredited by the Commission on Dental Accreditation of the American Dental Association or other equivalent course or program approved by the board; and
(2) passed the Western Regional Examining Board's restorative examination or other equivalent examination approved by the board within the five years preceding the licensee's endorsement application, or the licensee is licensed, certified, or otherwise permitted in another state or United States territory to perform restorative functions.
(b) An endorsement issued under this section authorizes a licensed dental hygienist under the direct supervision of a licensed dentist to place restorations into a cavity prepared by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion of the restoration.
(c) The board may by regulation establish renewal and continuing education requirements for an endorsement under this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 1. Examination and Licensing of Dental Hygienists. › Sec. 08.32.095. Exemption from license requirement.

(a) A person enrolled as a student in an accredited dental hygiene program may perform dental hygiene procedures as part of a course of study without a license if
(1) the procedures are performed under the
(A) general supervision of a member of the faculty who is licensed under AS 08.36, and under the direct or indirect supervision of a member of the faculty who is licensed under this chapter; or
(B) direct or indirect supervision of a member of the faculty who is licensed under AS 08.36; and
(2) the clinical program has received written approval from the board.
(b) A person practicing dental hygiene under (a) of this section is subject to all other provisions of this chapter and laws and regulations that apply to the practice of dental hygiene by a licensed dental hygienist.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 2. Regulation of Dental Hygienists. › Sec. 08.32.110. Scope of practice of dental hygienists.

(a) The role of the dental hygienist is to assist members of the dental profession in providing oral health care to the public. A person licensed to practice the profession of dental hygiene in the state may,
(1) under the general supervision of a licensed dentist,
(A) perform preliminary charting and triage to formulate a dental hygiene assessment and dental hygiene treatment plan;
(B) remove calcareous deposits, accretions, and stains from the exposed surfaces of the teeth beginning at the epithelial attachment by scaling and polishing techniques;
(C) remove marginal overhangs;
(D) use local periodontal therapeutic agents;
(E) perform nonsurgical periodontal therapy;
(F) perform other dental operations and services delegated by a licensed dentist if the dental operations and services are not prohibited by (c) of this section;
(G) if certified by the board, administer local anesthetic agents; and
(2) if certified by the board and under the direct or indirect supervision of a licensed dentist, administer and monitor nitrous oxide-oxygen conscious sedation.
(b) The board shall specify by regulation those additional functions that may be performed by a licensed dental hygienist only upon successful completion of a formal course of instruction approved by the board. The board shall adopt regulations specifying the education requirements, evaluation procedures, and degree of supervision required for each function.
(c) This section does not authorize delegation of
(1) dental diagnosis, comprehensive treatment planning, and writing
(A) prescriptions for drugs;
(B) authorizations for restorative, prosthetic, or orthodontic appliances;
(2) operative or surgical procedures on hard or soft tissues; or
(3) other procedures that require the professional competence and skill of a dentist.
(d) [Repealed, § 8 ch 111 SLA 2008.]
(e) This section does not prohibit a licensed dental hygienist
(1) with an endorsement issued under AS 08.32.085 from performing the activities authorized under AS 08.32.085;
(2) who holds an advanced practice permit issued by the board under AS 08.32.125 or has entered into a collaborative agreement approved by the board under AS 08.32.115 from performing the activities authorized under the permit or collaborative agreement; or
(3) from performing a dental operation, procedure, or service a dentist may delegate to a dental assistant under AS 08.36.346 or that a licensed dental hygienist who holds an advanced practice permit issued by the board under AS 08.32.125 may delegate to a dental assistant under AS 08.36.346(c).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 2. Regulation of Dental Hygienists. › Sec. 08.32.115. Collaborative agreements.

(a) If the collaborative agreement is approved by the board under (d) of this section, a licensed dental hygienist with a minimum of 4,000 documented hours of clinical experience within the five years preceding application for the board's approval may enter into a collaborative agreement with a licensed dentist in which the licensed dentist authorizes the licensed dental hygienist to perform one or more of the following:
(1) oral health promotion and disease prevention education;
(2) removal of calcareous deposits, accretions, and stains from the surfaces of teeth;
(3) application of topical preventive or prophylactic agents, including fluoride varnishes and pit and fissure sealants;
(4) polishing and smoothing restorations;
(5) removal of marginal overhangs;
(6) preliminary charting and triage to formulate a dental hygiene assessment and dental hygiene treatment plan;
(7) the exposure and development of radiographs;
(8) use of local periodontal therapeutic agents; and
(9) performance of nonsurgical periodontal therapy, with or without the administration of local anesthesia, subsequent to a licensed dentist's authorization or diagnosis as specified in the licensed hygienist's collaborative agreement.
(b) The services described in (a) of this section may be performed under a collaborative agreement approved by the board
(1) without the presence of the licensed dentist;
(2) in a setting other than the usual place of practice of the licensed dentist; and
(3) without the dentist's diagnosis and treatment plan unless otherwise specified in the collaborative agreement or in (a) of this section.
(c) The board shall adopt regulations regarding approval of collaborative agreements between licensed dental hygienists and licensed dentists.
(d) The board may approve a collaborative agreement between a licensed dentist and a licensed dental hygienist. However, the board may not approve more than five collaborative agreements with a licensed dentist, not including any collaborative agreements that have been terminated. A licensed dental hygienist shall notify the board of the termination of a collaborative agreement with a licensed dentist.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 2. Regulation of Dental Hygienists. › Sec. 08.32.160. Grounds for discipline, suspension, or revocation of license.

The board may revoke or suspend the license of a dental hygienist, or may reprimand, censure, or discipline a licensee, if, after a hearing, the board finds that the licensee
(1) used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license, certificate, or endorsement;
(2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for 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) failed to comply with this chapter, with a regulation adopted under this chapter or under AS 08.36, or with an order of the board;
(6) continued to practice after becoming unfit due to
(A) professional incompetence;
(B) addiction or dependence on alcohol or other drugs that impairs the licensee's ability to practice safely;
(C) physical or mental disability;
(7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;
(8) except as permitted under an advanced practice permit under AS 08.32.125, performed clinical procedures without being under the supervision of a licensed dentist;
(9) did not conform to professional standards in delivering dental hygiene services to patients regardless of whether actual injury to the patient occurred;
(10) permitted a dental assistant employed by an advanced practice dental hygienist or working under the supervision of a dental hygienist to perform a dental procedure in violation of AS 08.32.110 or AS 08.36.346;
(11) falsified or destroyed a patient or facility record, or failed to maintain a patient or facility record for at least seven years after the date the record was created.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 2. Regulation of Dental Hygienists. › Sec. 08.32.165. Limits or conditions on license; discipline.

(a) In addition to action under AS 08.32.160, upon a finding that by reason of demonstrated problems of competence, experience, education or health the authority to practice dental hygiene should be limited or conditioned or the practitioner disciplined, the board may reprimand, censure, place on probation, restrict practice by specialty, procedure or facility, require additional education or training, or revoke or suspend a license.
(b) [Repealed by § 15 ch 59 SLA 1978.]
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 2. Regulation of Dental Hygienists. › Sec. 08.32.171. Disciplinary sanctions.

(a) [Repealed, § 49 ch 94 SLA 1987.]
(b) [Repealed, § 49 ch 94 SLA 1987.]
(c) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.36.070(b)(1). 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) [Repealed, § 49 ch 94 SLA 1987.]
(e) [Repealed, § 49 ch 94 SLA 1987.]
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 2. Regulation of Dental Hygienists. › Sec. 08.32.180. Penalty for violations.

(a) A person who violates a provision of this chapter or a regulation adopted under this chapter for which a penalty is not otherwise provided is guilty of a class B misdemeanor.
(b) Notwithstanding AS 08.01.075(a)(8), the board may impose a civil fine not to exceed $25,000 for each violation of this chapter or a regulation adopted under this chapter.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 3. General Provisions. › Sec. 08.32.187. Application of chapter.

(a) This chapter applies to a person who practices, or offers or attempts to practice, as a dental hygienist in the state except
(1) a dental hygienist in the military service in the discharge of official duties;
(2) a dental hygienist in the employ of the United States Public Health Service, United States Department of Veterans Affairs, United States Indian Health Service, or another agency of the federal government, in the discharge of official duties;
(3) a dental hygienist licensed in another state or jurisdiction who is teaching or demonstrating clinical techniques at a meeting, seminar, or limited course of instruction sponsored by a dental or dental auxiliary society or association or by an accredited dental or dental auxiliary educational institution;
(4) a dental hygienist employed in the state by an Indian health program, as that term is defined in 25 U.S.C. 1603, while providing dental hygiene services to a person the Indian health program is entitled to serve under 25 U.S.C. 450 et seq. (Indian Self-Determination and Education Assistance Act), as amended, and 25 U.S.C. 1601 et seq. (Indian Health Care Improvement Act), as amended.
(b) A person excepted from this chapter under (a) of this section shall be held to the same standard of care as a person covered by this chapter.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 32. Dental Hygienists and Assistants › Article 3. General Provisions. › Sec. 08.32.190. Definitions.

In this chapter,
(1) “board” means the Board of Dental Examiners;
(2) “direct supervision” means the dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and before dismissal of the patient evaluates the performance of the dental hygienist;
(3) “general supervision” means the dentist has authorized the procedures and they are being carried out in accordance with the dentist's diagnosis and treatment plan;
(4) “indirect supervision” means a licensed dentist is in the dental facility, authorizes the procedures, and remains in the dental facility while the procedures are being performed by the dental hygienist;
(5) “licensed dental hygienist” means a dental hygienist licensed under this chapter;
(6) “licensed dentist” means a dentist licensed under AS 08.36.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 36. Dentistry › Article 1. Board of Dental Examiners. › Sec. 08.36.010. Creation and membership of board; oath; seal.

(a) There is created the Board of Dental Examiners consisting of nine members. Six members shall be licensed dentists who have been engaged in the practice of dentistry in the state for five years immediately preceding appointment, two members shall be dental hygienists licensed under AS 08.32 who have been engaged in the practice of dental hygiene in the state for five years immediately preceding appointment, and one member shall be a public member who does not have a direct financial interest in the health care industry.
(b) When making appointments of dentists and dental hygienists under (a) of this section, the governor may consider licensed dentists who have been nominated by the Alaska Dental Society and licensed dental hygienists who have been nominated by the Alaska State Dental Hygienists' Association.
(c) Each member shall take an oath of office. The president or secretary elected under AS 08.36.030 may administer oaths. The oath shall be filed and preserved in the department.
(d) The board shall adopt a seal.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 36. Dentistry › Article 1. Board of Dental Examiners. › Sec. 08.36.025. Suspension of board members.

A member against whom an accusation has been filed under AS 44.62 (Administrative Procedure Act) for violation of AS 08.32.160 or AS 08.36.315 is suspended from the board until the decision of the board on the accusation takes effect under AS 44.62.520.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 36. Dentistry › Article 1. Board of Dental Examiners. › Sec. 08.36.030. Election and term of officers.

(a) The board shall elect from among its members
(1) a president who is a licensed dentist or licensed dental hygienist; and
(2) a secretary.
(b) Officers elected under (a) of this section serve for a term not to exceed two years.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 36. Dentistry › Article 1. Board of Dental Examiners. › Sec. 08.36.061. Reimbursement for expenses.

Board members are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180. The department shall reimburse a member for other actual, reasonable expenses incurred in carrying out duties as a board member.