Legislature(2023 - 2024)

2024-05-15 Senate Journal

Full Journal pdf

2024-05-15                     Senate Journal                      Page 2813
HB 126                                                                                                                        
SENATE CS FOR HOUSE BILL NO. 126(FIN) "An Act relating to                                                                       
the Board of Professional Counselors; relating to licensing of associate                                                        
counselors; relating to marital and family therapists; relating to                                                              
telehealth; relating to the health care professionals workforce                                                                 
enhancement program; prohibiting unfair discrimination under group                                                              
health insurance against associate counselors; relating to medical                                                              
assistance for professional counseling services; relating to mental                                                             
health professionals; relating to health care provider liability; and                                                           
providing for an effective date" was read the third time.                                                                       
                                                                                                                                
Senator Claman moved the bill be returned to second reading for the                                                             
purpose of amendments. Without objection, the bill was returned to                                                              
second reading.                                                                                                                 
                                                                                                                                
Senator Claman offered Amendment No. 1 :                                                                                         
                                                                                                                                
Page 1, line 2, following "counselors;":                                                                                      
     Insert "relating to registered interior designers and interior                                                           
design; establishing requirements for the practice of registered                                                              

2024-05-15                     Senate Journal                      Page 2814
interior design; relating to the State Board of Registration for                                                              
Architects, Engineers, and Land Surveyors;"                                                                                   
                                                                                                                                
Page 1, line 4, following "counselors;":                                                                                      
     Insert "relating to liens for labor or materials furnished;                                                              
relating to the procurement of interior design services;"                                                                     
                                                                                                                                
Page 6, following line 26:                                                                                                      
     Insert new bill sections to read:                                                                                          
   "* Sec. 9. AS 08.48.011(b) is amended to read:                                                                           
          (b)  The board consists of 13 [11] members appointed by the                                                       
     governor having the qualifications as set out in AS 08.48.031. The                                                         
     board consists of two civil engineers, two land surveyors, one                                                             
     mining engineer, one electrical engineer, one [OR] mechanical                                                          
     engineer, one engineer from another branch of the profession of                                                            
     engineering, two architects, one landscape architect, one interior                                                     
     designer, and one public member.                                                                                       
   * Sec. 10. AS 08.48.011(b), as amended by sec. 9 of this Act, is                                                           
amended to read:                                                                                                                
          (b)  The board consists of 13 members appointed by the                                                                
     governor having the qualifications as set out in AS 08.48.031. The                                                         
     board consists of two civil engineers, two land surveyors, one                                                             
     mining engineer, one electrical engineer, one mechanical                                                                   
     engineer, one engineer from another branch of the profession of                                                            
     engineering, two architects, one landscape architect, one                                                                  
     registered interior designer, and one public member.                                                                   
   * Sec. 11. AS 08.48.071(f) is amended to read:                                                                             
          (f)  The department shall assemble statistics relating to the                                                         
     performance of its staff and the performance of the board,                                                                 
     including                                                                                                                  
              (1)  the number of architects, engineers, land surveyors,                                                         
     registered interior designers, and landscape architects registered                                                     
     over a five-year period;                                                                                                   
              (2)  the rate of passage of examinations required by the                                                          
     board;                                                                                                                     
              (3)  the number of applicants for registration over a five-                                                       
     year period;                                                                                                               
              (4)  an account of registration fees collected under                                                              
     AS 08.01.065;                                                                                                              
              (5)  a measure of the correspondence workload of staff.                                                           

2024-05-15                     Senate Journal                      Page 2815
   * Sec. 12. AS 08.48.111 is amended to read:                                                                                
          Sec. 08.48.111. Power to revoke, suspend, or reissue                                                                
     certificate. The board may suspend, refuse to renew, or revoke the                                                       
     certificate of or reprimand a registrant, corporation, limited                                                             
     liability company, limited liability partnership, or limited                                                               
     partnership who is found guilty of (1) fraud or deceit in obtaining                                                        
     a certificate; (2) gross negligence, incompetence, or misconduct in                                                        
     the practice of architecture, engineering, land surveying,                                                                 
     registered interior design, or landscape architecture; or (3) a                                                        
     violation of this chapter, a regulation adopted under this chapter,                                                        
     or the code of ethics or professional conduct as adopted by the                                                            
     board. The code of ethics or professional conduct shall be                                                                 
     distributed in writing to every registrant and applicant for                                                               
     registration under this chapter. This publication and distribution of                                                      
     the code of ethics or professional conduct constitutes due notice to                                                       
     all registrants. The board may revise and amend its code and, upon                                                         
     doing so, shall immediately notify each registrant in writing of the                                                       
     revisions or amendments. The board may, upon petition of the                                                               
     registrant, corporation, limited liability company, limited liability                                                      
     partnership, or limited partnership, reissue a certificate if a                                                            
     majority of the members of the board vote in favor of the                                                                  
     reissuance.                                                                                                                
   * Sec. 13. AS 08.48.171 is amended to read:                                                                                
          Sec. 08.48.171. General requirements and qualifications                                                             
     for registration. An applicant for registration as an architect,                                                         
     engineer, land surveyor, registered interior designer, or                                                              
     landscape architect must be of good character and reputation and                                                           
     shall submit evidence satisfactory to the board of the applicant's                                                         
     education, training, and experience.                                                                                       
   * Sec. 14. AS 08.48.181 is amended to read:                                                                                
          Sec. 08.48.181. Registration upon examination. Except as                                                            
     provided in AS 08.48.191, for registration as a professional                                                               
     architect, professional engineer, professional land surveyor, [OR]                                                         
     professional landscape architect, or registered interior designer,                                                     
     a person shall be examined in this state in accordance with the                                                            
     regulations of procedure and standards adopted by the board under                                                          
     AS 44.62 (Administrative Procedure Act). The procedure and                                                                 
     standards shall at least meet the requirements adopted by                                                                  
        recognized national examining councils for these professions.                                                          
   * Sec. 15. AS 08.48.191 is amended by adding a new subsection to                                                           

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read:                                                                                                                           
          (e)  A person holding a certificate of registration authorizing                                                       
     the person to practice registered interior design in a state, territory,                                                   
     or possession of the United States, the District of Columbia, or a                                                         
     foreign country may, upon application, be registered in                                                                    
     accordance with regulations of the board if the person's certificate                                                       
     was issued under requirements comparable to the requirements in                                                            
     this state.                                                                                                                
   * Sec. 16. AS 08.48.201(a) is amended to read:                                                                             
          (a)  Application for registration as a professional architect, a                                                      
     professional engineer, a professional land surveyor, a registered                                                      
     interior designer, or a professional landscape architect shall be                                                      
     submitted in the manner prescribed by the board.                                                                           
   * Sec. 17. AS 08.48.211(b) is amended to read:                                                                             
          (b)  The certificate of registration is prima facie evidence that                                                     
     the person named in it is entitled to all rights and privileges of a                                                       
     professional architect, professional engineer, professional land                                                           
     surveyor, registered interior designer, or professional landscape                                                      
       architect while the certificate remains unrevoked or unexpired.                                                         
   * Sec. 18. AS 08.48.215(a) is amended to read:                                                                             
          (a)  On retiring from practice and payment of an appropriate                                                          
     one-time fee, a registrant in good standing with the board may                                                             
     apply for the conversion of a certificate of registration to a retired                                                     
     status registration. The registrant may not practice architecture,                                                         
     engineering, land surveying, registered interior design, or                                                            
     landscape architecture in the state. A retired status registration is                                                      
     valid for the life of the registration holder and does not require                                                         
     renewal.                                                                                                                   
   * Sec. 19. AS 08.48.221(a) is amended to read:                                                                             
          (a)  Each registrant may obtain a seal of the design authorized                                                       
     by the board, bearing the registrant's name, registration number,                                                          
     and the appropriate legend for architect, engineer, land surveyor,                                                         
     registered interior designer, or landscape architect. When a                                                           
     registrant issues final drawings, specifications, surveys, plats,                                                          
     plates, reports, or similar documents, the registrant shall stamp the                                                      
     documents with the seal and sign the seal. The board shall adopt                                                           
     regulations governing the use of seals by the registrant. An                                                               
     architect, engineer, land surveyor, registered interior designer,                                                      
     or landscape architect may not affix or permit a seal and signature                                                        
     to be affixed to an instrument after the expiration of a certificate                                                       

2024-05-15                     Senate Journal                      Page 2817
     or for the purpose of aiding or abetting another person to evade or                                                        
     attempt to evade a provision of this chapter. The registrant, by                                                           
     sealing and signing the document, certifies that the document was                                                          
     prepared by or under the registrant's responsible charge and is                                                            
     within the registrant's field of practice or is design work of minor                                                       
     importance.                                                                                                                
   * Sec. 20. AS 08.48.241(a) is amended to read:                                                                             
          (a)  This chapter does not prevent a corporation, limited                                                             
     liability company, limited liability partnership, or limited                                                               
     partnership from offering architectural, engineering, land                                                                 
     surveying, registered interior design, or landscape architectural                                                      
     services; however, the corporation, limited liability company,                                                             
     limited liability partnership, or limited partnership shall file with                                                      
     the board                                                                                                                  
              (1)  an application for a certificate of authorization on a                                                       
     form to be prescribed by the board and containing information                                                              
     required to enable the board to determine whether the corporation,                                                         
     limited liability company, limited liability partnership, or limited                                                       
     partnership is qualified in accordance with the provisions of this                                                         
     chapter to offer to practice architecture, engineering, land                                                               
     surveying, registered interior design, or landscape architecture in                                                    
     this state;                                                                                                                
              (2)  a certified copy of a resolution of the board of                                                             
     directors of the corporation, the managing members or manager of                                                           
     the limited liability company, the general partners of a limited                                                           
     liability partnership, or the general partners of a limited                                                                
     partnership designating persons holding certificates of registration                                                       
     under this chapter as responsible for the practice of architecture,                                                        
     engineering, land surveying, registered interior design, or                                                            
     landscape architecture by the corporation, limited liability                                                               
     company, limited liability partnership, or limited partnership in                                                          
     this state and providing that full authority to make all final                                                             
     architectural, engineering, land surveying, registered interior                                                        
     design, or landscape architectural decisions on behalf of the                                                          
     corporation, limited liability company, limited liability                                                                  
     partnership, or limited partnership with respect to work performed                                                         
     by the corporation, limited liability company, limited liability                                                           
     partnership, or limited partnership in this state is granted by the                                                        
     board of directors of the corporation, the managing members or                                                             
     manager of the limited liability company, the general partners of                                                          

2024-05-15                     Senate Journal                      Page 2818
     the limited liability partnership, or the general partners of the                                                          
     limited partnership to the persons designated in the resolution;                                                           
     however, the filing of this resolution does not relieve the                                                                
     corporation, limited liability company, limited liability                                                                  
     partnership, or limited partnership of any responsibility or liability                                                     
     imposed on it by law or by contract;                                                                                       
              (3)  a designation in writing setting out the name of one                                                         
     or more persons holding certificates of registration under this                                                            
     chapter who are in responsible charge of each major branch of the                                                          
     architectural, engineering, land surveying, registered interior                                                        
     design, or landscape architectural activities in which the                                                             
     corporation, limited liability company, limited liability                                                                  
     partnership, or limited partnership specializes in this state; if a                                                        
     change is made in the person in responsible charge of a major                                                              
     branch of the architectural, engineering, land surveying,                                                                  
     registered interior design, or landscape architectural activities,                                                     
     the change shall be designated in writing and filed with the board                                                         
     within 30 days after the effective date of the change.                                                                     
   * Sec. 21. AS 08.48.241(b) is amended to read:                                                                             
          (b)  Upon filing with the board the application for certificate                                                       
     of authorization, certified copy of resolution, affidavit, and                                                             
     designation of persons specified in this section, the board shall,                                                         
     subject to (c) of this section, issue to the corporation, limited                                                          
     liability company, limited liability partnership, or limited                                                               
     partnership a certificate of authorization to practice architecture,                                                       
     engineering, land surveying, registered interior design, or                                                            
     landscape architecture in this state upon a determination by the                                                           
     board that                                                                                                                 
              (1)  the bylaws of the corporation, the articles of                                                               
     organization or operating agreement of the limited liability                                                               
     company, the partnership agreement of the limited liability                                                                
     partnership, or the partnership agreement of the limited                                                                   
     partnership contain provisions that all architectural, engineering,                                                        
     land surveying, registered interior design, or landscape                                                               
     architectural decisions pertaining to architectural, engineering,                                                          
     land surveying, registered interior design, or landscape                                                               
     architectural activities in this state will be made by the specified                                                       
     architect, engineer, land surveyor, registered interior designer,                                                      
     or landscape architect in responsible charge, or other registered                                                          
     architects, engineers, land surveyors, registered interior                                                             

2024-05-15                     Senate Journal                      Page 2819
     designers, or landscape architects under the direction or                                                              
     supervision of the architect, engineer, land surveyor, registered                                                      
       interior designer, or landscape architect in responsible charge;                                                    
              (2)  the application for certificate of authorization states                                                      
     the type of architecture, engineering, land surveying, registered                                                      
     interior design, or landscape architecture practiced or to be                                                          
     practiced by the corporation, limited liability company, limited                                                           
     liability partnership, or limited partnership;                                                                             
              (3)  the applicant corporation, limited liability company,                                                        
     limited liability partnership, or limited partnership has the ability                                                      
     to provide architectural, engineering, land surveying, registered                                                      
     interior design, or landscape architectural services;                                                                  
              (4)  the application for certificate of authorization states                                                      
     the professional records of the designated person who is in                                                                
     responsible charge of each major branch of architectural,                                                                  
     engineering, land surveying, registered interior design, or                                                            
     landscape architectural activities in which the corporation, limited                                                       
     liability company, limited liability partnership, or limited                                                               
     partnership specializes;                                                                                                   
              (5)  the application for certificate of authorization states                                                      
     the experience, if any, of the corporation, limited liability                                                              
     company, limited liability partnership, or limited partnership in                                                          
     furnishing architectural, engineering, land surveying, registered                                                      
     interior design, or landscape architectural services during the                                                        
     preceding five-year period;                                                                                                
              (6)  the applicant corporation, limited liability company,                                                        
     limited liability partnership, or limited partnership meets other                                                          
     requirements related to professional competence in the furnishing                                                          
     of architectural, engineering, land surveying, registered interior                                                     
     design, or landscape architectural services as may be adopted by                                                       
     the board in furtherance of the objectives and provisions of this                                                          
     chapter.                                                                                                                   
   * Sec. 22. AS 08.48.241(d) is amended to read:                                                                             
          (d)  The certificate of authorization must specify the major                                                          
     branches of architecture, engineering, land surveying, registered                                                      
     interior design, or landscape architecture of which the                                                                
     corporation, limited liability company, limited liability                                                                  
     partnership, or limited partnership has designated a person in                                                             
     responsible charge as provided in this section. The certificate of                                                         
     authorization shall be conspicuously displayed in the place of                                                             

2024-05-15                     Senate Journal                      Page 2820
     business of the corporation, limited liability company, limited                                                            
     liability partnership, or limited partnership, together with the                                                           
     names of persons designated as being in responsible charge of the                                                          
     professional activities.                                                                                                   
   * Sec. 23. AS 08.48.241(e) is amended to read:                                                                             
          (e)  If a corporation, limited liability company, limited                                                             
     liability partnership, or limited partnership that is organized solely                                                     
     by either a group of architects, a group of engineers, a group of                                                          
     land surveyors, a group of registered interior designers, or a                                                         
     group of landscape architects, each holding a certificate of                                                               
     registration under this chapter, applies for a certificate of                                                              
     authorization, the board may, in its discretion, grant a certificate of                                                    
     authorization to the corporation, limited liability company, limited                                                       
     liability partnership, or limited partnership based on a review of                                                         
     the professional records of the incorporators of the corporation,                                                          
     organizers of the limited liability company, partners who formed                                                           
     the limited liability partnership, or partners who formed the                                                              
     limited partnership in place of the required qualifications set out in                                                     
     this section. If the ownership of the corporation is altered, the                                                          
     membership of the limited liability company is altered, the                                                                
     partners of the limited liability partnership change, or the general                                                       
     partners of the limited partnership change, the corporation, limited                                                       
     liability company, limited liability partnership, or limited                                                               
     partnership shall apply for a revised certificate of authorization,                                                        
     based on the professional records of the owners of the corporation,                                                        
     the members of the limited liability company, the partners of the                                                          
     limited liability partnership, or the general partners of the limited                                                      
     partnership, if exclusively architects, engineers, land surveyors,                                                         
     registered interior designers, or landscape architects, or                                                             
     otherwise under the qualifications required by (b)(1) - (4) of this                                                        
     section.                                                                                                                   
   * Sec. 24. AS 08.48.241(f) is amended to read:                                                                             
          (f)  A corporation, limited liability company, limited liability                                                      
     partnership, or limited partnership authorized to offer                                                                    
     architectural, engineering, land surveying, registered interior                                                        
     design, or landscape architectural services under this chapter,                                                        
     together with its directors, officers, managing members, manager,                                                          
     and partners for their own individual acts, is responsible to the                                                          
     same degree as the designated individual registrant, and shall                                                             
     conduct its business without misconduct or malpractice in the                                                              

2024-05-15                     Senate Journal                      Page 2821
     practice of architecture, engineering, land surveying, registered                                                      
     interior design, or landscape architecture as defined in this                                                          
     chapter.                                                                                                                   
   * Sec. 25. AS 08.48.251 is amended to read:                                                                                
          Sec. 08.48.251. Certain partnerships. This chapter does not                                                         
     prevent the practice of architecture, engineering, land surveying,                                                         
     registered interior design, or landscape architecture by a                                                             
     partnership if all of the members of the partnership are registrants                                                       
     under this chapter. In this section, "partnership" does not include a                                                      
     limited liability partnership or a limited partnership.                                                                    
   * Sec. 26. AS 08.48.281(a) is amended to read:                                                                             
          (a)  A person may not practice or offer to practice the                                                               
     profession of architecture, engineering, land surveying, registered                                                    
     interior design, or landscape architecture in the state, or use in                                                     
     connection with the person's name or otherwise assume or                                                                   
     advertise a title or description tending to convey the impression                                                          
     that the person is an architect, an engineer, a land surveyor,                                                             
     registered interior designer, or a landscape architect, unless the                                                     
     person has been registered under the provisions of this chapter or,                                                        
     in the case of a corporation, limited liability company, limited                                                           
     liability partnership, or limited partnership, unless it has been                                                          
     authorized under this chapter.                                                                                             
   * Sec. 27. AS 08.48.281 is amended by adding a new subsection to                                                           
read:                                                                                                                           
          (c)  Notwithstanding (a) of this section, this chapter does not                                                       
     prohibit the practice of registered interior design by a person who                                                        
     is not registered to practice registered interior design if the                                                            
     services are being performed by a person acting within the scope                                                           
     of practice authorized by another license that is held by the                                                              
     person.                                                                                                                    
   * Sec. 28. AS 08.48.291 is amended to read:                                                                                
          Sec. 08.48.291. Violations and penalties. A person who                                                              
     practices or offers to practice architecture, engineering, land                                                            
     surveying, registered interior design, or landscape architecture in                                                    
     the state without being registered or authorized to practice in                                                            
     accordance with the provisions of this chapter, or a person                                                                
     presenting or attempting to use the certificate or the seal of                                                             
     another, or a person who gives false or forged evidence of any                                                             
     kind to the board or to a member of the board in obtaining or                                                              
     attempting to obtain a certificate, or a person who impersonates a                                                         

2024-05-15                     Senate Journal                      Page 2822
     registrant, or a person who uses or attempts to use an expired or                                                          
     revoked or nonexistent certificate, knowing of the certificate's                                                           
     status, or a person who falsely claims to be registered and                                                                
     authorized to practice under this chapter, or a person who violates                                                        
     any of the provisions of this chapter, is guilty of a misdemeanor                                                          
     and upon conviction is punishable by a fine of not more than                                                               
     $10,000, or by imprisonment for not more than one year, or by                                                              
     both.                                                                                                                      
   * Sec. 29. AS 08.48.295(a) is amended to read:                                                                             
          (a)  In addition to any other provision of law, if a person                                                           
     practices or offers to practice architecture, engineering, registered                                                  
     interior design, or land surveying in the state without being                                                          
     registered or authorized to practice in accordance with the                                                                
     provisions of this chapter, the board may enter an order levying a                                                         
     civil penalty.                                                                                                             
   * Sec. 30. AS 08.48.311 is amended to read:                                                                                
          Sec. 08.48.311. Rights not transferable. The right to engage                                                        
     in the practice of architecture, engineering, land surveying,                                                              
     registered interior design, or landscape architecture is                                                               
     considered a personal and individual right, based on the                                                                   
     qualifications of the individual as evidenced by the individual's                                                          
     certificate of registration, which is not transferable.                                                                    
   * Sec. 31. AS 08.48.321 is amended to read:                                                                                
          Sec. 08.48.321. Evidence of practice. A person practices or                                                         
     offers to practice architecture, engineering, land surveying,                                                              
     registered interior design, or landscape architecture if the                                                       
     person [WHO]                                                                                                           
              (1)  practices a branch of the profession of architecture,                                                        
     engineering, land surveying, registered interior design, or                                                            
     landscape architecture [AS DEFINED IN AS 08.48.341];                                                                       
              (2)  by verbal claim, sign, advertisement, letterhead, card,                                                      
     or other means represents to be an architect, engineer, land                                                               
     surveyor, registered interior designer, or landscape architect, or                                                     
     through the use of some other title implies that the person is an                                                          
     architect, engineer, land surveyor, registered interior designer,                                                      
     or landscape architect; or                                                                                                 
              (3)  holds out as able to perform or [WHO] does perform                                                           
     an architectural, engineering, land surveying, registered interior                                                     
     design, or landscape architectural service recognized by the                                                           
     professions covered by this chapter, and specified in regulations of                                                       

2024-05-15                     Senate Journal                      Page 2823
     the board, as an architectural, engineering, land surveying,                                                               
       registered interior design, or landscape architectural service.                                                     
   * Sec. 32. AS 08.48.331(a) is amended to read:                                                                             
          (a)  This chapter does not apply to                                                                                   
              (1)  a contractor performing work designed by a                                                                   
     professional architect, engineer, registered interior designer, or                                                     
     landscape architect or the supervision of the construction of the                                                          
     work as a supervisor or superintendent for a contractor;                                                                   
              (2)  workers in building trades crafts, earthwork, grounds                                                        
     keeping, or nursery operations, and superintendents, supervisors,                                                          
     or inspectors in the performance of their customary duties;                                                                
              (3)  an officer or employee of the United States                                                                  
     government practicing architecture, engineering, land surveying,                                                           
     registered interior design, or landscape architecture as required                                                      
     by the person's official capacity;                                                                                         
              (4)  an employee or a subordinate of a registrant if the                                                          
     work or service is done under the direct supervision of a                                                                  
     registrant;                                                                                                                
              (5)  associates, consultants, or specialists retained by a                                                        
     registrant, a partnership of registered individuals, a corporation, a                                                      
     limited liability company, a limited liability partnership, or a                                                           
     limited partnership authorized to practice architecture,                                                                   
     engineering, land surveying, registered interior design, or                                                            
     landscape architecture under this chapter, in the performance of                                                           
     professional services if responsible charge of the work remains                                                            
     with the registrant, the partnership, or a designated representative                                                       
     of the corporation, limited liability company, limited liability                                                           
     partnership, or limited partnership;                                                                                       
              (6)  a person preparing drawings or specifications for                                                            
                   (A)  a building for the person's own use and                                                                 
          occupancy as a single family residence and related site work                                                          
          for that building;                                                                                                    
                   (B)  farm or ranch buildings and their grounds unless                                                        
          the public health, safety, or welfare is involved;                                                                    
                   (C)  a building that is intended to be used only as a                                                        
          residence by not more than                                                                                            
                        (i)  four families and that is not more than two                                                        
               stories high and the grounds of the building; or                                                                
                        (ii)  two families and that is not more than three                                                      
              stories high and the grounds of the building, if the                                                              

2024-05-15                     Senate Journal                      Page 2824
              building is located in a municipality that has adopted a                                                          
              building or residential code that applies to the building                                                         
              and if the building complies with the building or                                                                 
              residential code;                                                                                                 
                   (D)  a garage, workshop, or similar building that                                                            
          contains less than 2,000 square feet of floor space to be used                                                        
          for a private noncommercial purpose and the grounds of the                                                            
          building;                                                                                                             
              (7)  a specialty contractor licensed under AS 08.18 while                                                         
     engaged in the business of construction contracting for work                                                               
     designed by an architect, engineer, registered interior designer,                                                      
     or landscape architect that is within the specialty to be performed                                                        
     or supervised by the specialty contractor, or a contractor preparing                                                       
     shop or field drawings for work that the specialty contractor has                                                          
     contracted to perform;                                                                                                     
              (8)  a person furnishing drawings, specifications,                                                                
     instruments of service, or other data for alterations, construction,                                                   
     or repairs to a building or its grounds that do not change or affect                                                       
     the structural system or the safety of the building, or that do not                                                        
     affect the public health, safety, or welfare;                                                                              
              (9)  a person who is employed by a postsecondary                                                                  
     educational institution to teach engineering, architectural, interior                                                  
     design, or landscape architectural courses; in this paragraph,                                                         
     "postsecondary educational institution" has the meaning given in                                                           
     AS 14.48.210;                                                                                                              
              (10)  an officer or employee of an individual, firm,                                                              
     partnership, association, utility, corporation, limited liability                                                          
     company, limited liability partnership, or limited partnership, who                                                        
     practices engineering, architecture, land surveying, registered                                                        
     interior design, or landscape architecture involved in the                                                             
     operation of the employer's business only, and further if neither                                                          
     the employee nor the employer offers engineering, architecture,                                                            
     land surveying, registered interior design, or landscape                                                               
     architecture services to the public; exclusions under this paragraph                                                       
     do not apply to buildings or structures whose primary use is public                                                        
     occupancy;                                                                                                                 
              (11)  a person while involved in revegetation, restoration,                                                       
     reclamation, rehabilitation, or erosion control for disturbed land                                                         
     that the board determines does not affect the public health, safety,                                                       
     or welfare;                                                                                                                

2024-05-15                     Senate Journal                      Page 2825
              (12)  a person while maintaining or directing the                                                                 
     placement of plant material that the board determines does not                                                             
     affect the public health, safety, or welfare;                                                                              
              (13)  an employee, officer, or agent of a regulatory                                                              
     agency of the state or a municipality when reviewing drawings                                                              
     and specifications for compliance with the building codes of the                                                           
     state or a municipality if the drawings and specifications have                                                            
     been sealed and signed by an architect, engineer, land surveyor,                                                           
     registered interior designer, or landscape architect or the                                                            
     preparation of the drawings and specifications is exempt under                                                             
     this section from the requirements of this chapter; in this                                                                
     paragraph, "building codes" includes codes relating to building,                                                           
     mechanical, plumbing, electrical, fire safety standards, and                                                               
     zoning;                                                                                                                    
              (14)  a person who is designing fire protection systems                                                           
     and is authorized by the Department of Public Safety to design fire                                                        
     protection systems;                                                                                                    
              (15)  a person providing services limited to the                                                              
     planning, design, and implementation of a kitchen or bath or                                                           
     the specification of products for a kitchen or bath, if the space                                                      
        or area is in a building described in (6) of this subsection.                                                      
   * Sec. 33. AS 08.48.331 is amended by adding a new subsection to                                                           
read:                                                                                                                           
          (c)  The requirement to be registered as an interior designer                                                         
     under this chapter only applies to a person who practices an aspect                                                        
     of interior design that the board has determined affects the public                                                        
     health, safety, or welfare.                                                                                                
   * Sec. 34. AS 08.48.341(4) is amended to read:                                                                             
              (4)  "certificate of authorization" means a certificate                                                           
     issued by the board authorizing a corporation, a limited liability                                                         
     company, a limited liability partnership, or a limited partnership to                                                      
     provide professional services in architecture, engineering, land                                                           
     surveying, registered interior design, or landscape architecture                                                       
     through individuals legally registered by the board;                                                                       
   * Sec. 35. AS 08.48.341(23) is amended to read:                                                                            
              (23)  "registrant" means a person registered by the board                                                         
     as a professional architect, engineer, land surveyor, registered                                                       
     interior designer, or landscape architect;                                                                             
   * Sec. 36. AS 08.48.341 is amended by adding new paragraphs to                                                             
read:                                                                                                                           

2024-05-15                     Senate Journal                      Page 2826
              (27)  "practice of registered interior design" means                                                              
                   (A)  professional service or creative work in the                                                            
          design of interior spaces;                                                                                            
                   (B)  teaching of advanced interior design courses in                                                         
          an institution of higher learning;                                                                                    
                   (C)  providing consultation, investigation, evaluation,                                                      
          planning, or design for, or professional observation of,                                                              
          construction of the interior spaces of public or private                                                              
          buildings; and                                                                                                        
                   (D)  review of drawings and specifications made by                                                           
           regulatory agencies based on interior design principles;                                                            
              (28)  "registered interior designer" means a person                                                               
     registered as a registered interior designer by the board."                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, following line 28:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 46. AS 23.30.017(c)(1) is amended to read:                                                                            
              (1)  "design professional" means a person registered                                                              
     under AS 08.48 as an architect, engineer, [OR] land surveyor,                                                          
     registered interior designer, or landscape architect;                                                                  
   * Sec. 47. AS 34.35.050 is amended to read:                                                                                
          Sec. 34.35.050. Lien for labor or materials furnished. A                                                            
     person has a lien, only to the extent provided under this chapter, to                                                      
     secure the payment of the contract price if the person                                                                     
              (1)  performs labor on [UPON] real property at the                                                            
     request of the owner or the agent of the owner for the                                                                     
      construction, alteration, or repair of a building or improvement;                                                        
              (2)  is a trustee of an employee benefit trust for the                                                            
     benefit of individuals performing labor on the building or                                                                 
     improvement and has a direct contract with the owner or the agent                                                          
     of the owner for direct payments into the trust;                                                                           
              (3)  furnishes materials that are delivered to real property                                                      
     under a contract with the owner or the agent of the owner that are                                                         
     incorporated in the construction, alteration, or repair of a building                                                      
     or improvement;                                                                                                            
              (4)  furnishes equipment that is delivered to and used on                                                     
     [UPON] real property under a contract with the owner or the agent                                                          
     of the owner for the construction, alteration, or repair of a building                                                     
     or improvement;                                                                                                            

2024-05-15                     Senate Journal                      Page 2827
              (5)  performs services under a contract with the owner or                                                         
     the agent of the owner in connection with the preparation of plans,                                                        
     surveys, or architectural, [OR] engineering, or registered interior                                                
     design plans or drawings for the construction, alteration, or repair                                                   
     of a building or improvement, whether or not actually                                                                      
     implemented on that property; or                                                                                           
              (6)  is a general contractor.                                                                                     
   * Sec. 48. AS 35.15.010(c) is amended to read:                                                                             
          (c)  In this section, "professional services" means                                                                   
     architectural, engineering, [OR] land surveying, or registered                                                         
     interior design services.                                                                                              
   * Sec. 49. AS 36.30.270(a) is amended to read:                                                                             
          (a)  Notwithstanding conflicting provisions of AS 36.30.100 -                                                         
     36.30.260, a procurement officer shall negotiate a contract for an                                                         
     agency with the most qualified and suitable firm or person of                                                              
     demonstrated competence for architectural, engineering, [OR]                                                               
     land surveying, or registered interior design services. The                                                            
     procurement officer shall award a contract for those services at                                                           
     fair and reasonable compensation as determined by the                                                                      
     procurement officer, after consideration of the estimated value of                                                         
     the services to be rendered, and the scope, complexity, and                                                                
     professional nature of the services. When determining the most                                                             
     qualified and suitable firm or person, the procurement officer shall                                                       
     consider the                                                                                                               
              (1)  proximity to the project site of the office of the firm                                                      
     or person unless federal law prohibits this factor from being                                                              
     considered in the awarding of the contract; and                                                                            
              (2)  employment practices of the firm or person with                                                              
     regard to women and minorities.                                                                                            
   * Sec. 50. AS 36.30.270(d) is amended to read:                                                                             
          (d)  Notwithstanding the other provisions of this section, a                                                          
     procurement officer may include price as an added factor in                                                                
     selecting architectural, engineering, [AND] land surveying, and                                                        
     registered interior design services when, in the judgment of the                                                       
     procurement officer, the services required are repetitious in nature,                                                      
     and the scope, nature, and amount of services required are                                                                 
     thoroughly defined by measurable and objective standards to                                                                
     reasonably enable firms or persons making proposals to compete                                                             
     with a clear understanding and interpretation of the services                                                              
     required. In order to include price as a factor in selection, a                                                            

2024-05-15                     Senate Journal                      Page 2828
     majority of the persons involved by the procurement officer in                                                             
     evaluation of the proposals must be registered in the state to                                                             
     perform architectural, engineering, [OR] land surveying, or                                                            
     registered interior design services.                                                                                   
   * Sec. 51. AS 36.90.100 is amended to read:                                                                                
          Sec. 36.90.100. Contracts for architectural, engineering,                                                           
     land surveying, registered interior design, or landscape                                                               
     architectural services. The state or a municipality may not award                                                        
     a contract for architectural, engineering, land surveying,                                                                 
     registered interior design, or landscape architectural services to                                                     
              (1)  an individual who is not registered under AS 08.48 to                                                        
     perform the architectural, engineering, land surveying, registered                                                     
     interior design, or landscape architectural services required by                                                       
     the contract;                                                                                                              
              (2)  a partnership, except as provided by (3) of this                                                             
     section, that is not qualified under AS 08.48.251 to provide the                                                           
     architectural, engineering, land surveying, registered interior                                                        
     design, or landscape architectural services required by the                                                            
     contract; or                                                                                                               
              (3)  a corporation, limited liability company, or limited                                                         
     liability partnership that is not authorized under AS 08.48.241 to                                                         
     offer the architectural, engineering, land surveying, registered                                                       
     interior design, or landscape architectural services required by                                                       
     the contract."                                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 20:                                                                                                               
     Insert new bill sections to read:                                                                                          
"* Sec. 55. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     TRANSITION: CURRENT INTERIOR DESIGNERS.                                                                                    
Notwithstanding this Act, a person working as an interior designer                                                              
before the effective date of secs. 10 - 36 and 46 - 51 of this Act may                                                          
continue to practice interior design in the state without registration or                                                       
authorization as a registered interior designer under AS 08.48 until                                                            
July 1, 2025.                                                                                                                   
   * Sec. 56. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
     TRANSITION: BOARD APPOINTMENT. An interior designer                                                                        
appointed to the State Board of Registration for Architects, Engineers,                                                         

2024-05-15                     Senate Journal                      Page 2829
and Land Surveyors under AS 08.48.011(b), as amended by sec. 9 of                                                               
this Act, must be certified by the Council for Interior Design                                                                  
Qualification and have resided in the state for at least three years                                                            
immediately preceding appointment. On and after the effective date of                                                           
sec. 10 of this Act, an interior designer appointed to the board under                                                          
AS 08.48.011(b), as amended by sec. 9 of this Act, may continue to                                                              
occupy the seat on the board reserved for the registered interior                                                               
designer until a registered interior designer is appointed to the seat. An                                                      
interior designer appointed to the board under AS 08.48.011(b), as                                                              
amended by sec. 9 of this Act, is eligible for reappointment to the                                                             
board upon the effective date of sec. 10 of this Act if the interior                                                            
designer meets the requirements of AS 08.48.011(b), as amended by                                                               
sec. 10 of this Act.                                                                                                            
   * Sec. 57. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
     TRANSITION: REGULATIONS. The State Board of                                                                                
Registration for Architects, Engineers, and Land Surveyors may adopt                                                            
regulations necessary to implement secs. 9 - 36, 46 - 51, and 55 of this                                                        
Act. The regulations take effect under AS 44.62 (Administrative                                                                 
Procedure Act), but not before the effective date of the law                                                                    
implemented by the regulation.                                                                                                  
   * Sec. 58. Sections 9, 56, and 57 of this Act take effect immediately                                                      
under AS 01.10.070(c).                                                                                                          
   * Sec. 59. Sections 10 - 36, 46 - 51, and 55 of this Act take effect                                                       
July 1, 2024."                                                                                                                  
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 11, line 21:                                                                                                               
     Delete "This"                                                                                                              
       Insert "Except as provided in secs. 58 and 59 of this Act, this"                                                        
                                                                                                                                
Senator Claman moved for the adoption of Amendment No. 1. Senator                                                               
Myers objected.                                                                                                                 
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS HB 126(FIN)                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                

2024-05-15                     Senate Journal                      Page 2830
YEAS:  8   NAYS:  11   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bjorkman, Claman, Giessel, Gray-Jackson, Kawasaki, Merrick,                                                              
Tobin, Wielechowski                                                                                                             
                                                                                                                                
Nays:  Bishop, Hoffman, Hughes, Kaufman, Kiehl, Myers, Olson,                                                                   
Shower, Stedman, Stevens, Wilson                                                                                                
                                                                                                                                
Absent:  Dunbar                                                                                                                 
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Wilson offered Amendment No. 2 :                                                                                         
                                                                                                                                
Page 1, line 2, following "telehealth;":                                                                                      
     Insert "relating to review organizations and permitting an                                                               
emergency medical services provider to establish a review                                                                     
organization; relating to patient records; relating to disclosure                                                             
and reporting of health care services, prices, and fee information;"                                                          
                                                                                                                                
Page 10, following line 7:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 16. AS 18.23.070(1) is amended to read:                                                                               
              (1)  "administrative staff" means the staff of an agency,                                                     
     institution, or organization that provides health care [A                                                              
     HOSPITAL OR CLINIC];                                                                                                       
   * Sec. 17. AS 18.23.070(3) is amended to read:                                                                             
              (3)  "health care provider" means an acupuncturist                                                                
     licensed under AS 08.06; a chiropractor licensed under AS 08.20;                                                           
     a dental hygienist licensed under AS 08.32; a dentist licensed                                                             
     under AS 08.36; a physician or podiatrist licensed under                                                               
     AS 08.64; a nurse licensed under AS 08.68; a dispensing optician                                                       
     licensed under AS 08.71; an optometrist licensed under AS 08.72;                                                           
     a pharmacist licensed under AS 08.80; a physical therapist or                                                              
     occupational therapist licensed under AS 08.84; [A PHYSICIAN                                                               
     LICENSED UNDER AS 08.64; A PODIATRIST;] a psychologist                                                                     
     and a psychological associate licensed under AS 08.86; an                                                              
     organization or government agency that is certified or licensed                                                        
     to provide emergency medical services under AS 18.08; a                                                                
     hospital as defined in AS 47.32.900, including a governmentally                                                            
     owned or operated hospital; and an employee of a health care                                                               
     provider acting within the course and scope of employment;                                                                 

2024-05-15                     Senate Journal                      Page 2831
   * Sec. 18. AS 18.23.070(5) is amended to read:                                                                             
              (5)  "review organization" means                                                                                  
                   (A)  a hospital governing body or a committee whose                                                          
          membership is limited to health care providers and                                                                    
          administrative staff, except where otherwise provided for by                                                          
          state or federal law, and that is established by a hospital, by a                                                     
          clinic, by one or more state or local associations of health care                                                     
          providers, by an organization of health care providers from a                                                         
          particular area or medical institution, by an organization or                                                     
          government agency that provides emergency medical                                                                 
          services, or by a professional standards review organization                                                      
          established under 42 U.S.C. 1320c-1, to gather and review                                                             
          information relating to the care and treatment of patients for                                                        
          the purposes of                                                                                                       
                        (i)  evaluating and improving the quality of                                                            
              health care rendered in the area or medical institution;                                                          
                        (ii)  reducing morbidity or mortality;                                                                  
                        (iii)  obtaining and disseminating statistics and                                                       
              information relative to the treatment and prevention of                                                           
              diseases, illness, and injuries;                                                                                  
                        (iv)  developing and publishing guidelines                                                              
              showing the norms of health care in the area or medical                                                           
              institution;                                                                                                      
                        (v)  developing and publishing guidelines                                                               
              designed to keep the cost of health care within reasonable                                                        
              bounds;                                                                                                           
                        (vi)  reviewing the quality or cost of health care                                                      
              services provided to enrollees of health maintenance                                                              
              organizations;                                                                                                    
                        (vii)  acting as a professional standards review                                                        
              organization under 42 U.S.C. 1320c;                                                                               
                        (viii)  reviewing, ruling on, or advising on                                                            
              controversies, disputes, or questions between a health                                                            
              insurance carrier or health maintenance organization and                                                          
              one or more of its insured or enrollees; between a                                                                
              professional licensing board, acting under its powers of                                                          
              discipline or license revocation or suspension, and a                                                             
              health care provider licensed by it when the matter is                                                            
              referred to a review organization by the professional                                                             
              licensing board; between a health care provider and the                                                           

2024-05-15                     Senate Journal                      Page 2832
              provider's patients concerning diagnosis, treatment, or                                                           
              care, or a charge or fee; between a health care provider                                                          
              and a health insurance carrier or health maintenance                                                              
              organization concerning a charge or fee for health care                                                           
              services provided to an insured or enrollee; or between a                                                         
              health care provider or the provider's patients and the                                                           
              federal or a state or local government, or an agency of the                                                       
              federal or a state or local government;                                                                           
                        (ix)  acting on the recommendation of a                                                                 
              credential review committee or a grievance committee;                                                             
                   (B)  the State Medical Board established by                                                                  
          AS 08.64.010;                                                                                                         
                   (C)  a committee established by the commissioner of                                                          
          health and approved by the State Medical Board to review                                                              
          public health issues regarding morbidity or mortality; at least                                                       
          75 percent of the committee members must be health care                                                               
          providers;                                                                                                            
                   (D)  the Joint Commission on Accreditation of                                                                
          Healthcare Organizations (JCAHO).                                                                                     
   * Sec. 19. AS 18.23.400(n)(3) is amended to read:                                                                          
              (3)  "health care facility" means a private, municipal, or                                                        
     state hospital, psychiatric hospital, emergency department,                                                                
     independent diagnostic testing facility, residential psychiatric                                                           
     treatment center as defined in AS 47.32.900, kidney disease                                                                
     treatment center (including freestanding hemodialysis units),                                                              
     office of a private physician or dentist whether in individual or                                                          
     group practice, ambulatory surgical center as defined in                                                                   
     AS 47.32.900, freestanding birth center as defined in                                                                      
     AS 47.32.900, and rural health clinic as defined in AS 47.32.900;                                                          
     "health care facility" does not include                                                                                    
                   (A)  the Alaska Pioneers' Home and the Alaska                                                                
          Veterans' Home administered by the department under                                                                   
          AS 47.55;                                                                                                             
                   (B)  an assisted living home as defined in                                                                   
          AS 47.33.990;                                                                                                         
                   (C)  a nursing facility licensed by the department to                                                        
          provide long-term care;                                                                                               
                   (D)  a facility operated by an Alaska tribal health                                                          
          organization; [AND]                                                                                                   
                   (E)  a hospital operated by the United States                                                                

2024-05-15                     Senate Journal                      Page 2833
          Department of Veterans Affairs or the United States                                                                   
          Department of Defense, or any other federally operated                                                                
          hospital or institution; or                                                                                       
                   (F)  a hospital subject to 45 C.F.R. 180 as that                                                         
          section read on the effective date of this Act or any other                                                       
          federal price transparency requirements that are                                                                  
          reasonably similar to or exceed the requirements in this                                                          
          section;"                                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 20:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 25. Sections 16 - 19 of this Act take effect immediately                                                              
under AS 01.10.070(c)."                                                                                                         
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 11, line 21:                                                                                                               
     Delete "This"                                                                                                              
     Insert "Except as provided in sec. 25 of this Act, this"                                                                   
                                                                                                                                
Senator Wilson moved for the adoption of Amendment No. 2. Senator                                                               
Giessel objected, then withdrew her objection. There being no further                                                           
objection, Amendment No. 2 was adopted.                                                                                         
                                                                                                                                
SENATE CS FOR HOUSE BILL NO. 126(FIN) am S was                                                                                  
automatically in third reading.                                                                                                 
                                                                                                                                
Senator Kiehl moved and asked unanimous consent to abstain from                                                                 
voting due to a conflict of interest. Objections were heard and Senator                                                         
Kiehl was required to vote.                                                                                                     
                                                                                                                                
Senators Wilson, Kaufman, Giessel, Dunbar, Merrick, Claman,                                                                     
Kawasaki, Hughes moved and asked unanimous consent to be shown                                                                  
as cross sponsors on the bill. Without objection, it was so ordered.                                                            
                                                                                                                                
The question being: "Shall SENATE CS FOR HOUSE BILL                                                                             
NO. 126(FIN) am S "An Act relating to the Board of Professional                                                                 
Counselors; relating to licensing of associate counselors; relating to                                                          
marital and family therapists; relating to telehealth; relating to review                                                       
organizations and permitting an emergency medical services provider                                                             

2024-05-15                     Senate Journal                      Page 2834
to establish a review organization; relating to patient records; relating                                                       
to disclosure and reporting of health care services, prices, and fee                                                            
information; relating to the health care professionals workforce                                                                
enhancement program; prohibiting unfair discrimination under group                                                              
health insurance against associate counselors; relating to medical                                                              
assistance for professional counseling services; relating to mental                                                             
health professionals; relating to health care provider liability; and                                                           
providing for an effective date" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
SCS HB 126(FIN) am S                                                                                                            
Third Reading - Final Passage                                                                                                   
Effective Date(s)                                                                                                               
                                                                                                                                
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Hughes, Kaufman, Kawasaki, Merrick, Shower, Stedman,                                                                   
Stevens, Tobin, Wielechowski, Wilson                                                                                            
                                                                                                                                
Nays:  Myers                                                                                                                    
                                                                                                                                
Absent:  Kiehl, Olson                                                                                                           
                                                                                                                                
and so, SENATE CS FOR HOUSE BILL NO. 126(FIN) am S passed                                                                       
the Senate.                                                                                                                     
                                                                                                                                
Senator Giessel moved and asked unanimous consent the vote on the                                                               
passage of the bill be considered the vote on the effective date                                                                
clause(s). Without objection, it was so ordered and the bill was                                                                
referred to the Secretary for engrossment.