Legislature(2023 - 2024)
2024-05-15 Senate Journal
Full Journal pdf2024-05-15 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 2024-05-15 Senate Journal Page 2816 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.