7 AAC 10.915 - Background check
(a) To perform its functions under AS
47.05.330, the department will screen a request for a background check through
(1) the registry of certified nurse aides
under AS 08.68.333;
(2) the Alaska
Sex Offender/Child Kidnapper Registry that the Department of Public Safety
maintains under AS 18.65.087;
(3)
the List of Excluded Individuals and Entities (LEIE) that the United States
Department of Health and Human Services, Office of Inspector General maintains
under 42 U.S.C. 1320a-7 and 1320c-5 (sees. 1128 and 1156 of the Social Security
Act); and
(4) any other registry or
database determined by the department to be relevant to the screening being
conducted under AS 47.05.330 for an individual, including
(A) professional licensing registries;
and
(B) any registry or database
maintained by this state or by another state.
(b) In addition to its review under (a) of
this section, the department will review the criminal justice information
supplied by the Department of Public Safety, court or other applicable
government agency records, and the national criminal history record check
supplied by the Federal Bureau of Investigation, to determine whether a barrier
crime or condition exists for the individual who is the subject of the
background check.
(c) If, after
reviewing all available information described in (a) and (b) of this section,
the department determines that a barrier crime or condition does not exist, the
department will notify the requesting applicant or provider that the
determination is available through the department's electronic
database.
(d) If, while conducting
a background check, the department determines that a barrier crime or condition
exists, the department will
(1) issue a
written notification to the applicant that explains
(A) that a barrier crime or condition
exists;
(B) the applicable barrier
time for the crime or condition;
(C) the right to request a variance, if
allowed under 7 AAC 10.930; and
(D)
the right to seek redetermination under 7 AAC 10.927; and
(2) provide notification to the provider that
an applicant is not eligible for a valid background check, and that the
provider may have the right to apply for a variance under 7 AAC 10.930; the
department may provide notification electronically or in writing.
(e) For each request for a
background check processed under this section, the department will mark in
APSIN the name of the applicant who was the subject of the background check. If
the department receives notification under APSIN of law enforcement activity
for an applicant, or receives new notification of a civil action, the
department will review the information. If the department determines that the
activity creates a barrier crime or condition under 7 AAC 10.905, the
department will immediately notify the provider and the applicant of the change
in the department's determination. The department will notify the applicant
that
(1) the department intends to immediately
revoke the valid background check in accordance with 7 AAC 10.945; the
department will identify the barrier crime or condition in the
notice;
(2) the applicant may
request a redetermination under 7 AAC 10.927 if the applicant believes that the
department's determination was made in error or that there was an error in the
information that the department relied on, or if the applicant has new or
additional factual information that could change the department's
determination; and
(3) if the
applicant for whom the request was submitted by the provider wishes to disclose
the barrier crime or condition to the provider, the provider may request a
variance, if allowed under 7 AAC 10.930; if the request was submitted by an
applicant under 7 AAC 10.902, the department will notify that applicant of the
right to request a variance, if allowed under 7 AAC 10.930.
(f) Except as provided otherwise
in this subsection, a provider shall, within 24 hours after receiving
notification under (d) or (e) of this section, terminate association with the
applicant in accordance with 7 AAC 10.960. If the provider or the applicant
requests a variance under 7 AAC 10.930, or if the applicant requests a
redetermination under 7 AAC 10.927, the applicant may remain associated with
the provider, pending a decision on the request, if
(1) the applicant is removed from direct
contact with recipients of services; and
(2) the provider ensures that the applicant
is provided with direct supervision if the applicant is present in any area
where services are provided, during hours of operation.
(g) If an applicant remains out of
association with a provider for 100 days or longer, or if an applicant
described in 7 AAC 10.902 fails to become associated with a provider within 100
days after the department's notification under (c) of this section, the
background check becomes immediately invalid without prior notice. A new
background check must be requested if the applicant wishes to become associated
with any provider in any manner described in 7 AAC 10.900(b).
(h) If an applicant with a valid background
check ceases to be, or fails to become, associated with a provider, and wishes
to have the applicant's name unmarked in APSEST, the applicant must submit a
written request to the department that the valid background check be
rescinded.
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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