Brief Description: The Board of Nursing proposes to make permanent regulation changes made by emergency regulation regarding emergency courtesy certification and training program standards for certified nurse aide during an urgent situation or public health emergency.
On September 3, 2021, the Board of Nursing (Board) adopted, as an emergency regulation, changes in 12 AAC 44 of the Alaska Administrative Code dealing with emergency courtesy certification and training program standards for certified nurse aide (CNA), including the following:
- 12 AAC 44.806. Emergency courtesy certification, is a proposed new section to allow successful CNA applicants that meet the specific requirements for emergency courtesy certification during an urgent situation or public health emergency.
- 12 AAC 44.835. Training program standards, is proposed to amend the CNA training program standards to align Alaska’s CNA training requirements with the federal CNA training requirements during an urgent situation or public health emergency.
The emergency regulation took effect on September 7, 2021, and will expire January 4, 2022 unless made permanent by the Board. The Board intends to make the emergency regulation permanent.
You may comment on the regulation changes, including the potential costs to private persons of complying with the 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/203644, and using the comment link. The comments must be received not later than 4:30 p.m. on October 13, 2021. 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 October 6, 2021 to ensure that any necessary accommodation can be provided.
A copy of the emergency regulation 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/CNA-EmergencyRegs-0921.pdf.
The language of the permanent regulations may be different from that of the original emergency regulation and may include other provisions dealing with the same subject. 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 08.01.062; AS 08.68.100; AS 08.68.331; AS 08.68.334
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.062; AS 08.68.100; AS 08.68.331; AS 08.68.334
Fiscal Information: The regulations are not expected to require an increased appropriation.
DATE: 9/8/2021
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: Emergency courtesy certification and training program standards for certified nurse aide.
3. Citation of regulation: 12 AAC 44.806 and 12 AAC 44.835.
4. Department of Law file number: To be assigned.
5. Reason for the proposed action: Emergency regulation due to urgent situation or public health emergency caused by the COVID-19 pandemic
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: $50 emergency courtesy certification application fee and $100 emergency courtesy certification fee.
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 2022 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 emergency regulation action: Board of Nursing.
11. Date: 9/8/2021
Prepared by: Jun Maiquis
Regulations Specialist