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].