SB 296: "An Act requiring fingerprint criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses."
00SENATE BILL NO. 296 01 "An Act requiring fingerprint criminal background checks before certain persons 02 may be employed in a nursing home or assisted living facility; and prohibiting 03 the hiring or retention of certain nursing home and assisted living facility 04 employees convicted of specified offenses." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 18.20 is amended by adding a new section to read: 07 Sec. 18.20.302. FINGERPRINT CHECK BEFORE EMPLOYMENT. (a) A 08 nursing facility may not employ an individual in a paid position unless a fingerprint 09 criminal background investigation that included a fingerprint check of the records of the 10 Federal Bureau of Investigation was completed by the Department of Public Safety no 11 more than 30 days before the individual is hired. Upon request of a nursing facility, the 12 Department of Public Safety shall advise the facility whether the department has 13 completed a fingerprint criminal background check of a specified individual as required 14 under this subsection and, if so,
01 (1) the date on which the background check was completed; and 02 (2) whether the check shows that the individual meets the requirements 03 for hiring or retention under (b) of this section. 04 (b) A nursing facility may not hire or retain an employee who has been 05 convicted of a 06 (1) felony; 07 (2) misdemeanor involving drugs, physical abuse, or sexual abuse; or 08 (3) misdemeanor assault offense where there was evidence that alcohol 09 use by the applicant contributed to the assault. 10 * Sec. 2. AS 47.33 is amended by adding a new section to article 1 to read: 11 Sec. 47.33.100. FINGERPRINT CHECK BEFORE EMPLOYMENT. (a) An 12 assisted living home may not employ an individual in a paid position unless a fingerprint 13 criminal background investigation that included a fingerprint check of the records of the 14 Federal Bureau of Investigation was completed by the Department of Public Safety no 15 more than 30 days before the individual is hired. On request of an assisted living home, 16 the Department of Public Safety shall advise the assisted living home whether the 17 department has completed a fingerprint criminal background check of a specified 18 individual as required under this subsection and, if so, 19 (1) the date on which the check was completed; and 20 (2) whether the check shows that the individual meets the requirements 21 for hiring or retention under (b) of this section. 22 (b) An assisted living home may not hire or retain an employee who has been 23 convicted of a 24 (1) felony; 25 (2) misdemeanor involving drugs, physical abuse, or sexual abuse; or 26 (3) misdemeanor assault offense where there was evidence that alcohol 27 use by the applicant contributed to the assault. 28 * Sec. 3. AS 47.33.920 is amended to read: 29 Sec. 47.33.920. REGULATIONS. The commissioner of health and social 30 services and the commissioner of administration each may adopt regulations to carry out 31 the provisions of this chapter, including regulations regarding licensure and renewal
01 requirements, license application and renewal procedures; application and license fees; 02 types, duration, renewal, and transferability of licenses; staffing and home operation 03 standards; and variances to licensure and operating standards. Regulations adopted under 04 this chapter may provide for the waiver or modification of the requirements of this 05 chapter for homes with fewer than six residents except that the regulations may not 06 provide for waiver or modification of the requirements of AS 47.33.100.