Section 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.Eff. 2/9/2007, Register 181; am 6/29/2017,Register 222, July 2017Authority: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