7 AAC 10.900 - Purpose and applicability; exceptions
(a) The purpose of
7 AAC 10.900 - 7 AAC 10.990 is to establish standards, requirements, and
procedures dealing with barrier crimes and conditions and with background
checks, including
(1) the identification of
banier crimes and conditions that would bar an individual from
(A) licensure, certification, or approval by
the department;
(B) a finding of
eligibility to receive certain payments from the department; and
(C) association with a provider in a manner
described in (b) of this section;
(2) requirements for requesting a background
check and procedures to determine whether a barrier crime or condition exists;
and
(3) requirements for
maintaining compliance with
AS
47.05.300-47.05.390, AS 47.32, and
7 AAC 10.900 -
7 AAC 10.990, including standards for association and
requirements for continued monitoring and notification;
(b) The provisions of 7 AAC 10.900 - 7 AAC 10.990 apply to a provider seeking approval from an oversight division to
provide services or receive payments from the department. Each individual who
is to be associated with a provider in a manner described in this subsection
must have a valid background check conducted under 7 AAC 10.900 - 7 AAC 10.990
if that individual is 16 years of age or older and will be associated with the
provider as
(1) an administrator or
operator;
(2) an individual service
provider;
(3) an employee, an
independent contractor, an apprentice, an unsupervised volunteer, or a board
member if that individual has
(A) regular
contact with recipients of services;
(B) access to personal or financial records
maintained by the provider regarding recipients of services, including access
to
(i) personal identifying information,
financial information, treatment information, or medical records; and
(ii) a recipient's money or other property in
any manner that could result in misappropriation of that money or property ;
or
(C) control over or
impact on the financial well-being of recipients of services, unless the only
recipient whose financial well-being is affected is a
(i) relative of the individual who has
authorized that individual to make financial decisions for that
relative;
(ii) recipient who has
executed a power of attorney for that individual to make financial decisions
for that recipient; or
(iii)
recipient for whom a court has authorized that individual to make financial
decisions for that recipient;
(4) an officer, a director, a partner, a
member, or a principal of the business organization that owns an entity, if
that individual has
(A) regular contact with
recipients of services;
(B) access
to personal or financial records maintained by the provider regarding recipient
s of services, including access to
(i)
personal identifying information, financial information, treatment information,
or medical records; and
(ii) a
recipient's money or other property in any manner that could result in
misappropriation of that money or property ; or
(C) control over or impact on the financial
well-being of recipients of services, unless the only recipient whose financial
well-being is affected is a
(i) relative of
the individual who has authorized that individual to make financial decisions
for that relative;
(ii) recipient
who has executed a power of attorney for that individual to make financial
decisions for that recipient; or
(iii) recipient for whom a court has
authorized that individual to make financial decisions for that recipient;
(5) except
as provided in (c) and d(9)of this section, an individual who resides in a part
of an entity, including a residence if services are provided in the residence,
if the individual remains, or intends to remain, in the entity or residence for
45 days or more, in total, in a 12-month period; or
(6) except as provided in (c) and (d) of this
section, any other individual who.
(A) is
present in the entity, including in a residence if services are provided in the
residence; and
(B) would have
regular contact with recipients of services.
(c) A background check under 7 AAC 10.900- 7 AAC 10.990 is not required for a recipient of services, unless that recipient
is also associated with the provider in any manner described in (b)(1) - (4) of
this section.
(d) A background
check under
7 AAC 10.900 -
7 AAC 10.990 is not required for the following
individuals, if supervised access is provided in accordance with (e) of this
section:
(1) a relative of a recipient of
services, unless that relative is also associated with the provider in any
manner described in (b)(1) - (5) of this section;
(2) a visitor of a recipient of services,
unless that visitor is also associated with the provider in any manner
described in (b)(1) - (4) of this section;
(3) an individual for whom the provider
submits evidence to the department of a fingerprint-based criminal history
check conducted and implemented under a process that meets or exceeds the
standards of
7 AAC 10.900 -
7 AAC 10.990;
(4) a person listed in (A) or (B) of this
paragraph, as follows, if that person is not associated with the provider in
any manner described in (b)(l) - (4) of this section:
(A) an employee, an independent contractor,
an apprentice, or an unsupervised volunteer;
(B) a board member, an officer, a director, a
partner, a member, or a principal of the business organization that owns an
entity
(5) a personal
physician, an infant learning teacher, an attendant for a child with special
needs as described in
7 AAC 57.940, a licensor, a fire marshal, a food
services sponsor, or another similar individual who
(A) is not associated with the provider in
any manner described in (b) of this section; and
(B) provides support services to the provider
or to a recipient of services;
(6) an individual who is a vendor or an
industry representative, or who provides delivery, installation, maintenance,
or repair services;
(7) an
individual who resides in any part of an entity, including a residence if
services are provided in the residence, if the individual remains in the entity
or residence for less than 45 days, in total, in a 12-month period;
(8) a parent's designee to drop off and pick
up a child in care, unless the designee is also associated in a manner
described in (b) of this section with the entity providing child
care;
(9) a parent who receives
money from the department for purposes of paying an approved in-home child care
provider under
7 AAC 41.370, and any other individual who resides in
that parent's household; however, the exemption in this paragraph does not
apply to an approved in-home child care provider who resides in the
household;
(10) an occasional guest
of the administrator or operator of an entity or of a provider.
(e) A provider must provide
supervised access for an individual exempted under (d) of this section if the
individual is present in the entity during hours of operation. Supervised
access is not required in a residence where in-home child care is provided
under 7 AAC 41.370.
(f) For purposes of (b)(5) and (d)(7) of this
section, "individual who resides in any part of an entity" means an individual
who dwells continuously in, or legally occupies, the premises housing the
provider, as evidenced by
(1) the
individual's address on the individual's permanent fund dividend received under
AS 43.23, driver's license, fishing or hunting license, or other official
record; or
(2) observation by
another individual of the individual occupying the premises.
Notes
Authority:AS 47.05.300
AS 47.05.310
AS 47.05.320
AS 47.05.330
AS 47.05.340
AS 47.32.010
AS 47.32.030
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