HB 124: "An Act prohibiting nursing facilities and assisted living homes from employing or allowing access by persons with certain criminal backgrounds, with exceptions."
00 HOUSE BILL NO. 124 01 "An Act prohibiting nursing facilities and assisted living homes from employing or 02 allowing access by persons with certain criminal backgrounds, with exceptions." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.20.302(c) is amended to read: 05 (c) A nursing facility may not hire or retain an employee or allow a person 06 who is 16 years of age or older to have regular access to the residents of a nursing 07 home, other than as a personal visitor to a resident of the home, if the employee 08 or person [WHO] has been convicted 09 (1) of an offense in which the victim was a resident of a nursing 10 facility or assisted living home at the time of the offense; in this paragraph, 11 "assisted living home" means an entity required to be licensed under AS 47.33 or 12 an entity located outside the state that would be required to be licensed under 13 AS 47.33 if it were located inside the state; 14 (2) of an unclassified felony, a class A felony, or an offense under
01 the laws of another jurisdiction that would have been, if it had been committed in 02 this state at that time, an unclassified felony or class A felony; 03 (3) under AS 11.51.200 or 11.51.210 or of a criminal offense in 04 another jurisdiction with elements substantially similar to the elements of an 05 offense under AS 11.51.200 or 11.51.210; 06 (4) within the previous 10 years, of a class B felony or an offense 07 under the laws of another jurisdiction that would have been, if it had been 08 committed in this state at that time, a class B felony; 09 (5) within the previous five years, of a class C felony, a class A 10 misdemeanor, or an offense under the laws of another jurisdiction that would 11 have been, if it had been committed in this state at that time, a class C felony or 12 class A misdemeanor; or 13 (6) of an offense listed in the department's regulations as being an 14 offense for which a person should be prohibited access to a nursing facility 15 [COVERED BY THIS SECTION]. 16 * Sec. 2. AS 47.33.100(c) is amended to read: 17 (c) An assisted living home may not hire or retain an employee or allow a 18 person who is 16 years of age or older to have regular access to the residents of a 19 nursing home, other than as a personal visitor to a resident of the home, if the 20 employee or person [WHO] has been convicted 21 (1) of an offense in which the victim was a resident of a nursing 22 facility or assisted living home at the time of the offense; in this paragraph, 23 (A) "assisted living home" means an entity required to be 24 licensed under this chapter or an entity located outside the state that 25 would be required to be licensed under this chapter if it were located in 26 the state; 27 (B) "nursing facility" has the meaning given in 28 AS 18.20.390; 29 (2) of an unclassified felony, a class A felony, or an offense under 30 the laws of another jurisdiction that would have been, if it had been committed in 31 this state at that time, an unclassified felony or class A felony;
01 (3) under AS 11.51.200 or 11.51.210 or of a criminal offense in 02 another jurisdiction with elements substantially similar to the elements of an 03 offense under AS 11.51.200 or 11.51.210; 04 (4) within the previous 10 years, of a class B felony or an offense 05 under the laws of another jurisdiction that would have been, if it had been 06 committed in this state at that time, a class B felony; 07 (5) within the previous five years, of a class C felony, a class A 08 misdemeanor, or an offense under the laws of another jurisdiction that would 09 have been, if it had been committed in this state at that time, a class C felony or 10 class A misdemeanor; or 11 (6) of an offense listed in the regulations of the applicable licensing 12 agency as being an offense for which a person should be prohibited access to an 13 assisted living home; in this paragraph, "assisted living home" has the meaning 14 given in (1)(A) of this subsection [COVERED BY THIS SECTION].