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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 81                                                                                                          
01 Relating to criminal and civil history record checks and requirements; relating to licenses,                            
02 certifications, appeals, and authorizations by the Department of Health and Social Services;                            
03 relating to child protection information; and providing for an effective date.                                          
04                           _______________                                                                               
05    * Section 1. AS 12.62.400(a) is amended by adding a new paragraph to read:                                           
06 (19)  licensure, license renewal, certification, certification renewal, or                                              
07 payment from the Department of Health and Social Services of an individual and an                                       
08 entity subject to the requirements for a criminal history check under AS 47.05.310,                                     
09       including                                                                                                         
10                      (A)  a public home care provider described in AS 47.05.017;                                        
11                      (B)  a provider of home and community-based waiver services                                        
12            financed under AS 47.07.030(c);                                                                              
13                      (C)  a case manager to coordinate community mental health                                          
01            services under AS 47.30.530;                                                                                 
02 (D)  an entity listed in AS 47.32.010(b), including an owner,                                                           
03 officer, director, member, partner, employee, volunteer, or contractor of an                                            
04            entity; or                                                                                                   
05 (E)  an individual or entity not described in (A) - (D) of this                                                         
06 paragraph that is required by statute or regulation to be licensed or certified by                                      
07 the Department of Health and Social Services or that is eligible to receive                                             
08 payments, in whole or in part, from the Department of Health and Social                                                 
09 Services to provide for the health, safety, and welfare of persons who are                                              
10 served by the programs administered by the Department of Health and Social                                              
11            Services.                                                                                                    
12    * Sec. 2. AS 17.38.200(a) is amended to read:                                                                        
13 (a)  Each application or renewal application for a registration to operate a                                            
14 marijuana establishment shall be submitted to the board. A renewal application may be                                   
15 submitted up to 90 days before the expiration of the marijuana establishment's                                          
16 registration. When filing an application for a new registration under this subsection,                                
17 the applicant shall submit the applicant's fingerprints and the fees required by the                                    
18 Department of Public Safety under AS 12.62.160 for criminal justice information and                                     
19 a national criminal history record check. When filing an application for renewal of                                   
20 registration, an applicant shall submit the applicant's fingerprints and the fees                                     
21 required by the Department of Public Safety under AS 12.62.160 for criminal                                           
22 justice information and a national criminal history record check every five years.                                    
23 The board shall forward the fingerprints and fees to the Department of Public Safety to                                 
24 obtain a report of criminal justice information under AS 12.62 and a national criminal                                  
25       history record check under AS 12.62.400.                                                                          
26    * Sec. 3. AS 44.62.330(a)(41) is amended to read:                                                                    
27 (41)  Department of Health and Social Services relating to the civil                                                  
28       history databases [CENTRALIZED REGISTRY] under AS 47.05.330 - 47.05.390;                                        
29    * Sec. 4. AS 47.05.310(b) is amended to read:                                                                        
30 (b)  The department may not issue or renew a license or a certification for an                                          
31 entity or an individual that is in violation of (a) of this section or that would be in                               
01       violation based on the information received as part of the application process.                                   
02    * Sec. 5. AS 47.05.310(d) is amended to read:                                                                        
03 (d)  An entity or an individual shall provide to the department a release of                                          
04 information authorization for a criminal history check under this section for each                                  
05 [AN] individual who is not a recipient of services from the entity, who is not in the                                 
06 custody of the department, and, after the entity applies for or has been issued a                                   
07       license, license renewal, certification, or certification renewal by the department,                              
08                 (1)  who intends to become an owner of the entity, or an officer,                                       
09       director, partner, member, or principal of the business organization that owns the                                
10       entity;                                                                                                           
11 (2)  whom the entity intends to hire or retain as the operator of the                                                   
12       entity's business;                                                                                                
13 (3)  whom the entity intends to hire or retain as an employee,                                                          
14       independent contractor, or unsupervised volunteer of the entity; or                                               
15 (4)  who will be present in the entity or at the places of operation of the                                           
16 entity, and would have regular contact with individuals who receive services from the                                   
17 entity, but who is not a family member or visitor of an individual who receives                                         
18       services from the entity.                                                                                         
19    * Sec. 6. AS 47.05.310(e) is amended to read:                                                                        
20 (e)  An individual for whom a release of information authorization has been                                             
21 provided to the department shall submit the individual's fingerprints to the department,                                
22 with the fee established under AS 12.62.160, for a report of criminal justice                                           
23 information under AS 12.62 and for submission by the Department of Public Safety to                                     
24 the Federal Bureau of Investigation for a national criminal history record check. The                                   
25 Department of Public Safety shall provide the report of criminal justice information                                    
26 and the results of the national criminal history record check to the department for its                                 
27 use in considering an application for a license, license renewal, certification, or                                     
28 certification renewal, or in considering other approval or selection regarding an entity                                
29 or individual, for compliance with the standards established in this section. [FOR                                    
30 PURPOSES OF OBTAINING ACCESS TO CRIMINAL JUSTICE INFORMATION                                                            
31 MAINTAINED BY THE DEPARTMENT OF PUBLIC SAFETY UNDER AS 12.62,                                                           
01 THE DEPARTMENT IS A CRIMINAL JUSTICE AGENCY CONDUCTING A                                                                
02 CRIMINAL JUSTICE ACTIVITY.] The department may waive the requirement for                                                
03 fingerprint submission if an individual is unable to provide fingerprints due to a                                      
04       medical or physical condition that is documented by a licensed physician.                                         
05    * Sec. 7. AS 47.05.310(f) is amended to read:                                                                        
06            (f)  The provisions of this section do not apply if the department grants an                                 
07       exception from a requirement of (a) - (e) of this section under a regulation adopted by                           
08       the department or if the department grants a variance under AS 47.05.360.                                       
09    * Sec. 8. AS 47.05.310(h) is repealed and reenacted to read:                                                         
10 (h)  For purposes of this section, in place of nonissuance or nonrenewal of a                                           
11 license or certification, an entity or individual that is not required to be licensed or                                
12 certified by the department or a person wishing to become an entity or individual that                                  
13 is not required to be licensed or certified by the department is ineligible to receive a                                
14 payment, in whole or in part, from the department to provide for the health, safety, and                                
15 welfare of persons who are served by the programs administered by the department if                                     
16 the entity or individual is in violation of this section or would be in violation of this                               
17 section based on information received by the department as part of an application,                                      
18       approval, or selection process.                                                                                   
19    * Sec. 9. AS 47.05.310 is amended by adding a new subsection to read:                                                
20 (l)  A person is presumed to be acting in good faith and is immune from civil                                           
21       or criminal liability if the person                                                                               
22 (1)  makes a report of medical assistance fraud, abuse, neglect, or                                                     
23       exploitation;                                                                                                     
24 (2)  submits information to a civil history database identified under                                                   
25       AS 47.05.330; or                                                                                                  
26 (3)  fails to hire or retain an employee or unsupervised volunteer                                                      
27 because the employee or unsupervised volunteer is included in a civil history database                                  
28       identified under AS 47.05.330.                                                                                    
29    * Sec. 10. AS 47.05 is amended by adding a new section to read:                                                      
30 Sec. 47.05.325. Civil history; civil history check; compliance. (a) The                                                 
31 department shall establish by regulation civil history standards for denial of issuance                                 
01       or renewal of a license or certification for an individual or for an entity if the                                
02       individual who is applying for a license, license renewal, certification, or certification                        
03       renewal is                                                                                                        
04 (1)  a biological or adoptive parent, guardian, custodian, or Indian                                                    
05 custodian of a child who is or was the subject of a child-in-need-of-aid petition under                                 
06 AS 47.10 and the individual had custody of the child at the time the child was the                                      
07       subject of a petition; or                                                                                         
08                 (2)  the subject of a finding or circumstance described in                                              
09       AS 47.05.330(a).                                                                                                  
10 (b)  If an individual is the subject of a petition or finding or circumstance                                           
11 described in (a) of this section, or a substantially similar provision in another                                       
12 jurisdiction, the individual may not own an entity or be an officer, director, partner,                                 
13 member, employee, or principal of the business organization that owns an entity. In                                     
14       addition, an entity may not                                                                                       
15                 (1)  allow that individual to operate the entity;                                                       
16 (2)  hire or retain that individual at the entity as an employee,                                                       
17       independent contractor, or unsupervised volunteer of the entity;                                                  
18 (3)  allow that individual to reside in the entity, unless that individual                                              
19       receives services from the entity or is in the custody of the state; or                                           
20 (4)  allow that individual to be present in the entity if the individual                                                
21 would have regular contact with individuals who receive services from the entity,                                       
22 unless that individual is a family member of or visitor of an individual who receives                                   
23       services from the entity.                                                                                         
24 (c)  An entity or an individual shall provide to the department a release of                                            
25 information authorization for a civil history check under this section for each                                         
26 individual who is not a recipient of services from the entity, who is not in the custody                                
27 of the department, and, after the entity applies for or has been issued a license, license                              
28       renewal, certification, or certification renewal by the department,                                               
29 (1)  who intends to become an owner of the entity, or an officer,                                                       
30 director, partner, member, or principal of the business organization that owns the                                      
31       entity;                                                                                                           
01                 (2)  whom the entity intends to hire or retain as the operator of the                                   
02       entity's business;                                                                                                
03                 (3)  whom the entity intends to hire or retain as an employee,                                          
04       independent contractor, or unsupervised volunteer of the entity; or                                               
05 (4)  who will be present in the entity or at the places of operation of the                                             
06 entity, and would have regular contact with individuals who receive services from the                                   
07 entity, but who is not a family member of or visitor of an individual who receives                                      
08       services from the entity.                                                                                         
09            (d)  For purposes of this section, in place of nonissuance or nonrenewal of a                                
10 license or certification, an entity or individual that is not required to be licensed or                                
11 certified by the department or a person wishing to become an entity or individual that                                  
12 is not required to be licensed or certified by the department is instead ineligible to                                  
13 receive a payment, in whole or in part, from the department to provide for the health,                                  
14 safety, and welfare of persons who are served by the programs administered by the                                       
15 department if the entity or individual is in violation of this section or would be in                                   
16 violation of this section based on information received by the department as part of an                                 
17       application, approval, or selection process.                                                                      
18 (e)  The department shall by regulation identify other governmental agencies or                                         
19 political subdivisions of the state that can request information that is required under                                 
20       this section for a similar purpose.                                                                               
21 (f)  The provisions of this section do not apply if the department grants an                                            
22 exception from the requirements of (a) or (b) of this section under a regulation adopted                                
23       by the department or if the department grants a variance under AS 47.05.360.                                      
24 (g)  A person is presumed to be acting in good faith and is immune from civil                                           
25       and criminal liability if the person                                                                              
26 (1)  makes a report of medical assistance fraud, abuse, neglect, or                                                     
27       exploitation;                                                                                                     
28 (2)  submits information to a civil history database identified under                                                   
29       AS 47.05.330; or                                                                                                  
30 (3)  fails to hire or retain an employee or unsupervised volunteer                                                      
31 because the employee or unsupervised volunteer is included in a civil history database                                  
01       identified under AS 47.05.330.                                                                                    
02            (h)  The department shall by regulation establish standards for the                                          
03       consideration and use by the department, an entity, or an individual of the civil history                         
04       of an individual obtained under this section.                                                                     
05    * Sec. 11. AS 47.05.330 is repealed and reenacted to read:                                                           
06 Sec. 47.05.330. Identification of civil history databases for a civil history                                           
07 check; confidentiality. (a) The department shall by regulation identify each database                                   
08 the department will review when conducting a civil history check under AS 47.05.325                                     
09       to identify each individual                                                                                       
10                 (1)  whom a court or the department has found                                                           
11 (A)  to have committed abuse, neglect, undue influence, or                                                              
12            exploitation of a vulnerable adult;                                                                          
13 (B)  under AS 47.32 or regulations adopted under AS 47.32, to                                                           
14 have significantly adversely affected the health, safety, or welfare of an                                              
15 individual who is receiving a service from an entity licensed under AS 47.32; a                                         
16 finding described in this subparagraph includes a decision to revoke, suspend,                                          
17 or deny a license or license renewal, or the relinquishment of a license as part                                        
18            of a settlement agreement;                                                                                   
19 (2)  who has been subject to criminal or civil penalties for a violation of                                             
20 AS 09.58, AS 47.05, AS 47.07, AS 47.08, or regulations adopted under AS 09.58,                                          
21       AS 47.05, AS 47.07, or AS 47.08;                                                                                  
22 (3)  about whom the department or a court has made a substantiated                                                      
23       finding of child abuse or neglect under AS 47.10 or AS 47.14;                                                     
24 (4)  who was a biological or adoptive parent, guardian, custodian, or                                                   
25 Indian custodian of a child at the time the child was the subject of a child-in-need-of-                                
26       aid petition under AS 47.10;                                                                                      
27 (5)  who, in the course of employment with the state, has been                                                          
28 terminated from employment or has had an allegation of assaultive, abusive,                                             
29       neglectful, or exploitive behavior or actions substantiated;                                                      
30 (6)  who, in this state or another jurisdiction, for reasons related to                                                 
31 abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent                                   
01 with standards for the protection of public health, safety, or welfare, has had a                                       
02 professional license, certification, or similar professional designation revoked,                                       
03 suspended, or denied, or has had a request for renewal of a professional license,                                       
04       certification, or similar professional designation denied;                                                        
05 (7)  whom another state or jurisdiction has identified on a civil registry                                              
06 or database substantially similar to the databases identified under this section for                                    
07       reasons substantially similar to the reasons identified in (1) - (6) of this subsection.                          
08 (b)  The information gathered under this section is not a public record under                                           
09 AS 40.25.110 and is not subject to public inspection or copying under AS 40.25.110 -                                    
10 40.25.125. However, information gathered under this section may be released to an                                       
11 entity, an individual who is included in a database, a governmental agency, and a                                       
12 political subdivision of the state in a manner provided under this section and                                          
13       regulations adopted under this chapter.                                                                           
14    * Sec. 12. AS 47.05.350 is amended to read:                                                                          
15 Sec. 47.05.350. Use of information; immunity. An entity [OR INDIVIDUAL                                                  
16 SERVICE PROVIDER] that obtains information about an employee under a criminal                                           
17 history check under AS 47.05.310 or a civil history check under AS 47.05.325 may                                      
18 use that information only as provided for in regulations adopted by the department                                      
19 under this chapter [AS 47.05.320]. However, if an entity [OR INDIVIDUAL                                               
20 SERVICE PROVIDER] reasonably relies on the information provided under the                                               
21 regulations adopted by the department to deny employment to an individual who was                                       
22 selected for hire as an employee, including during a period of provisional                                              
23 employment, the entity [OR INDIVIDUAL SERVICE PROVIDER] is not liable in an                                             
24 action brought by the individual based on the employment determination resulting                                        
25       from the information.                                                                                             
26    * Sec. 13. AS 47.05 is amended by adding a new section to read:                                                      
27 Sec. 47.05.360. Variance request; final decision. (a) An individual or entity                                           
28 subject to the provisions of AS 47.05.310 or 47.05.325 may request a variance from                                      
29 the provisions of AS 47.05.310 or 47.05.325 under procedures established by the                                         
30 department by regulation. The procedures must include the establishment of a variance                                   
31 committee to consider requests for variances. A request for a variance may include a                                    
01       request that the department issue a written explanation of incorrect information                                  
02       contained in the civil history databases identified under AS 47.05.330.                                           
03 (b)  An individual or entity that is dissatisfied with a decision by a variance                                         
04 committee may, not more than 30 days after the committee issues the decision, apply                                     
05 to the commissioner for reconsideration of the decision. A determination by the                                         
06       commissioner is a final agency decision for purposes of appeal to the superior court.                             
07            (c)  The department shall disclose information and records pertaining to a child                             
08       subject to AS 47.10 or AS 47.17 to a variance committee as provided under                                         
09       AS 47.10.093(b).                                                                                                  
10    * Sec. 14. AS 47.05.390(6) is amended to read:                                                                       
11 (6)  "entity" means an entity listed in AS 47.32.010(b) or an individual                                              
12 service provider as described in AS 47.05.300 and includes an owner, officer,                                         
13       director, member, or partner of the entity;                                                                       
14    * Sec. 15. AS 47.10.093(b) is amended to read:                                                                       
15 (b)  A state or municipal agency or employee shall disclose appropriate                                                 
16       confidential information regarding a case to                                                                      
17                 (1)  a guardian ad litem appointed by the court;                                                        
18 (2)  a person or an agency requested by the department or the child's                                                   
19 legal custodian to provide consultation or services for a child who is subject to the                                   
20 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of                                    
21       the consultation or services;                                                                                     
22                 (3)  an out-of-home care provider as necessary to enable the out-of-                                    
23 home care provider to provide appropriate care to the child, to protect the safety of the                               
24 child, and to protect the safety and property of family members and visitors of the out-                                
25       of-home care provider;                                                                                            
26 (4)  a school official as necessary to enable the school to provide                                                     
27 appropriate counseling and support services to a child who is the subject of the case, to                               
28       protect the safety of the child, and to protect the safety of school students and staff;                          
29 (5)  a governmental agency as necessary to obtain that agency's                                                         
30 assistance for the department in its investigation or to obtain physical custody of a                                   
31       child;                                                                                                            
01                 (6)  a law enforcement agency of this state or another jurisdiction as                                  
02       necessary for the protection of any child or for actions by that agency to protect the                            
03       public safety;                                                                                                    
04                 (7)  a member of a multidisciplinary child protection team created                                      
05       under AS 47.14.300 as necessary for the performance of the member's duties;                                       
06                 (8)  the state medical examiner under AS 12.65 as necessary for the                                     
07       performance of the duties of the state medical examiner;                                                          
08                 (9)  a person who has made a report of harm as required by                                              
09       AS 47.17.020 to inform the person that the investigation was completed and of action                              
10       taken to protect the child who was the subject of the report;                                                     
11 (10)  the child support services agency established in AS 25.27.010 as                                                  
12 necessary to establish and collect child support for a child who is a child in need of aid                              
13       under this chapter;                                                                                               
14 (11)  a parent, guardian, or caregiver of a child or an entity responsible                                              
15       for ensuring the safety of children as necessary to protect the safety of a child;                                
16 (12)  a review panel, including a variance committee established                                                      
17 under AS 47.05.360, established by the department for the purpose of reviewing the                                    
18       actions taken by the department in a specific case;                                                               
19 (13)  the University of Alaska under the Alaska higher education                                                        
20 savings program for children established under AS 47.14.400, but only to the extent                                     
21 that the information is necessary to support the program and only if the information                                    
22       released is maintained as a confidential record by the University of Alaska;                                      
23 (14)  a child placement agency licensed under AS 47.32 as necessary to                                                  
24       provide services for a child who is the subject of the case; and                                                  
25 (15)  a state or municipal agency of this state or another jurisdiction                                                 
26 that is responsible for delinquent minors, as may be necessary for the administration of                                
27 services, protection, rehabilitation, or supervision of a child or for actions by the                                   
28 agency to protect the public safety; however, a court may review an objection made to                                   
29 a disclosure under this paragraph; the person objecting to the disclosure bears the                                     
30 burden of establishing by a preponderance of the evidence that disclosure is not in the                                 
31       child's best interest.                                                                                            
01    * Sec. 16. AS 47.17.040 is amended to read:                                                                          
02 Sec. 47.17.040. Child protection [CENTRAL] registry; confidentiality. (a)                                             
03 The department shall maintain a child protection [CENTRAL] registry of all                                            
04 investigation reports, including substantiated findings under AS 47.10 or AS 47.17                                    
05       [BUT NOT OF THE REPORTS OF HARM].                                                                                 
06 (b)  Investigation reports and reports of harm filed under this chapter are                                             
07 considered confidential and are not subject to public inspection and copying under                                      
08 AS 40.25.110 and 40.25.120. However, in accordance with department regulations,                                         
09 investigation reports, including substantiated findings under AS 47.10 or AS 47.17,                                   
10 may be used by appropriate governmental agencies with child-protection functions,                                       
11 inside and outside the state, in connection with investigations or judicial proceedings                                 
12 involving child abuse, neglect, or custody and in conjunction with licensing action                                   
13 under AS 47.32 or a similar statute in another state. A person [,] not acting in                                      
14 accordance with department regulations [,] who, with criminal negligence, makes                                     
15 public information contained in confidential reports is guilty of a class B                                             
16       misdemeanor.                                                                                                      
17    * Sec. 17. AS 47.17.040 is amended by adding new subsections to read:                                                
18 (c)  Before a substantiated finding may be placed on the child protection                                               
19 registry and provided as part of a civil history check under AS 47.05.325, the                                          
20 department shall provide the applicant notice of the finding and an opportunity to                                      
21       appeal the finding. The department shall adopt regulations to implement this section.                             
22 (d)  In this section, "governmental agency" includes a tribe or tribal                                                  
23       organization conducting child protection functions and a school district.                                         
24    * Sec. 18. AS 47.32.010(c) is amended to read:                                                                       
25 (c)  The provisions of AS 47.05.300 - 47.05.390, regarding criminal history,                                            
26 criminal history checks, criminal history use standards, and civil history databases [A                               
27 CENTRALIZED REGISTRY], apply to entities listed in (b) of this section, as                                              
28       provided in AS 47.05.300.                                                                                         
29    * Sec. 19. AS 47.32.070 is amended by adding a new subsection to read:                                               
30 (c)  In considering whether to deny an application for or place a condition on a                                        
31 license, the department shall consider the licensing history of the applicant, including                                
01       any enforcement action under this chapter.                                                                        
02    * Sec. 20. AS 47.32.090 is amended by adding a new subsection to read:                                               
03 (d)  The department may investigate an employee, contractor, or volunteer of a                                          
04 licensed entity and may substantiate that the individual engaged in conduct that would                                  
05 significantly affect the health, safety, or welfare of an individual who is receiving a                                 
06 service from the entity. If the conduct is substantiated against an employee, contractor,                               
07 or volunteer, the department shall issue a notice of the finding to the person and                                      
08 include the person in the appropriate civil history database identified under                                           
09 AS 47.05.330. Before a substantiated finding against an employee, contractor, or                                        
10 volunteer may be included in a civil history database and provided as part of a check                                   
11 under AS 47.05.325, the department shall provide the applicant notice of the finding                                    
12 and an opportunity to appeal the finding. The department shall adopt regulations to                                     
13 implement this subsection. In this subsection, "volunteer" includes an individual                                       
14       placed in a facility for training, educational, or internship purposes.                                           
15    * Sec. 21. AS 47.32.140(d) is amended to read:                                                                       
16 (d)  The department may take one or more of the following enforcement                                                   
17       actions under this section:                                                                                       
18 (1)  delivery of a warning notice to the licensed entity and to any                                                     
19       additional person who was the subject of the investigation or inspection;                                         
20 (2)  modification of the term or scope of the entity's existing license,                                                
21 including changing a biennial license to a provisional license or adding a condition to                                 
22       the license;                                                                                                      
23 (3)  suspension of the entity's operations for a period of time set by the                                              
24       department;                                                                                                       
25 (4)  suspension of or a ban on the entity's provision of services to                                                    
26 individuals not already receiving services from the entity for a period of time set by                                  
27       the department;                                                                                                   
28                 (5)  nonrenewal of the entity's license;                                                                
29 (6)  revocation of the entity's license or, if the entity is not licensed                                               
30 under this chapter, revocation of the entity's ability to become licensed under this                                    
31       chapter;                                                                                                          
01                 (7)  issuance of an order requiring closure, immediate or otherwise, of                                 
02       the entity regardless of whether the entity is licensed or unlicensed;                                            
03                 (8)  denial of payments under AS 47.07 for the entity's provision of                                    
04       services to an individual not already receiving services from the entity;                                         
05                 (9)  assumption of either temporary or permanent management of the                                      
06       entity or pursuit of a court-ordered receiver for the entity;                                                     
07                 (10)  reduction of the number of individuals receiving services from the                                
08       entity under the license;                                                                                         
09                 (11)  imposition of a penalty authorized under law;                                                     
10 (12)  inclusion in a civil history database identified [THE                                                           
11       REGISTRY ESTABLISHED] under AS 47.05.330 [;                                                                       
12 (13)  REQUIREMENT THAT THE ENTITY PREPARE AND                                                                           
13       SUBMIT A PLAN OF CORRECTION].                                                                                     
14    * Sec. 22. AS 47.32.150(b) is amended to read:                                                                       
15 (b)  Upon receipt of a timely request for a hearing by an entity regarding an                                           
16 enforcement action under AS 47.05.310, AS 47.32.070, or 47.32.140(d)(1), (2), (4),                                  
17 (8), (10), (11), or (12) [,] or (f) [(13)], the department shall conduct a hearing in front                         
18 of an officer appointed by the commissioner. A hearing under this subsection may be                                     
19 conducted on the record, in an informal manner, and may not be conducted under                                          
20       AS 44.62 or AS 44.64. The appointed hearing officer may be a state employee.                                      
21    * Sec. 23. AS 47.32.180 is amended by adding a new subsection to read:                                               
22 (c)  Notwithstanding any other provision of law, the department may, upon                                               
23 request, share information with a law enforcement agency that is investigating a crime                                  
24 that is also the subject of a licensing investigation obtained during a current                                         
25       investigation.                                                                                                    
26    * Sec. 24. AS 47.32.190 is amended to read:                                                                          
27 Sec. 47.32.190. Access to information. Notwithstanding any contrary                                                     
28 provision of law, the divisions of the department assigned to implement this chapter                                  
29 [PUBLIC HEALTH AND PUBLIC ASSISTANCE FUNCTIONS] shall have access                                                       
30 to any information compiled or retained by other divisions of [WITHIN] the                                            
31 department, regardless of the nature of the information or whether the information is                                   
01       considered confidential, in order to assist in administering the provisions of this                               
02       chapter.                                                                                                          
03    * Sec. 25. AS 47.05.310(c), 47.05.310(i), 47.05.390(1), 47.05.390(2), and 47.05.390(3) are                           
04 repealed.                                                                                                               
05    * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to                           
06 read:                                                                                                                   
07 APPLICABILITY. This Act applies to an application or request for licensure, license                                     
08 renewal, certification, certification renewal, or payment submitted to the Department of                                
09 Health and Social Services by an entity or individual subject to AS 47.05.300 - 47.05.390, as                           
10 amended by secs. 4 - 11 of this Act, on or after the effective date of this Act.                                        
11    * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to                           
12 read:                                                                                                                   
13       REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the                                         
14            (1)  heading of art. 3 of AS 47.05 from "Criminal History; Registry" to                                      
15 "Criminal and Civil History"; and                                                                                       
16            (2)  catch line of AS 47.32.140 from "Enforcement actions" to "Notice of                                     
17 violation; compliance and enforcement proceedings."                                                                     
18    * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).                                                  
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