Brief Description: The Board of Nursing proposes to update various regulations relating to initial licensure or certification requirements for nurses and nurse aides, reinstatement of a lapsed license, nurse aide competency evaluation, APRN licensure and renewal, and establishing alternative to discipline program for nurses and nurse aides that are experiencing a substance use disorders.
The Board of Nursing (Board) proposes to adopt regulation changes in Title 12, Chapter 44 of the Alaska Administrative Code including the following:
- 12 AAC 44.290. Application for examination, is proposed to amend and streamline the application process for licensure by examination; change the requirements for foreign graduate applicants who went to school in English speaking countries.
- 12 AAC 44.305. License by endorsement, is proposed to amend and streamline the application process for licensure by endorsement; change the requirements for foreign graduate applicants who went to school in English speaking countries.
- 12 AAC 44.317. Reinstatement of a lapsed or retired status license, is proposed to amend and streamline the application process for applicant applying for reinstatement of a lapsed license; remove the requirement to list complete nursing license history and require only international nursing license history for reinstatement applications.
- 12 AAC 44.400. Requirements for initial licensure, is proposed to amend and streamline the application process for licensure to practice as an advanced practice registered nurse (APRN); change the requirements for foreign graduate applicants who went to school in English speaking countries.
- 12 AAC 44.470. Renewal of advanced practice registered nurse license, is proposed to streamline the renewal application process for APRN by allowing attestation of completion of continuing education requirements.
- 12 AAC 44.725. Alternative to discipline program for substance use disorders, is a proposed new section that establishes an alternative to discipline program consent agreement for nurses and nurse aides in this state that are experiencing a substance use disorders.
- 12 AAC 44.800. Certification by examination, is proposed to amend the certification requirements for foreign graduate nurse aide applicants who went to school in English speaking countries.
- 12 AAC 44.805. Certification by endorsement, is proposed to amend the certification by endorsement requirements for foreign graduate nurse aide applicants who went to school in English speaking countries.
- 12 AAC 44.850. Nurse aide competency evaluation, is proposed to remove the name of a specific nurse aide assessment program.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/209243, and using the comment link. The comments must be received not later than 4:30 p.m. on January 23, 2023. Comments received after this deadline will not be considered by the Board.
You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than January 17, 2023 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/NUR-1222.pdf.
After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.
Statutory Authority: AS 08.01.100; AS 08.68.100; AS 08.68.170; AS 08.68.190; AS 08.68.200; AS 08.68.251; AS 08.68.270; AS 08.68.275; AS 08.68.276; AS 08.68.331; AS 08.68.334; AS 08.68.850; AS 17.30.200
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.100; AS 08.68.100; AS 08.68.170; AS 08.68.190; AS 08.68.200; AS 08.68.251; AS 08.68.270; AS 08.68.275; AS 08.68.276; AS 08.68.331; AS 08.68.334; AS 08.68.850; AS 17.30.200
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 12/19/2022
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Board of Nursing – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Initial licensure or certification requirements for nurses and nurse aides, reinstatement of a lapsed license, nurse aide competency evaluation, APRN licensure and renewal, and establishing alternative to discipline program for substance use disorders.
3. Citation of regulation: 12 AAC 44.290 through 12 AAC 44.850.
4. Department of Law file number: To be assigned.
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2023 or in subsequent years.
9. The name of the contact person for the regulation:
Tessa Walker Linderman, DNP, RN, Executive Administrator
Alaska Board of Nursing
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 269-8194
E-mail: Tessa.walker.linderman@alaska.gov
10. The origin of the proposed action: Board of Nursing.
11. Date: 12/19/2022
Prepared by: Jun Maiquis
Regulations Specialist