HCS CSSB 296(JUD): "An Act requiring 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."
00HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) 01 "An Act requiring criminal background checks before certain persons may be 02 employed in a nursing home or assisted living facility; and prohibiting the 03 hiring or retention of certain nursing home and assisted living facility employees 04 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. CRIMINAL BACKGROUND CHECK FOR EMPLOYEES. (a) 08 A nursing facility may not employ an individual in a paid position that the department 09 has determined is covered by this section, according to its regulations, unless the 10 individual, before beginning employment, 11 (1) provides to the facility a sworn statement as to whether the individual 12 has been convicted of an offense described in (c) of this section; 13 (2) provides to the facility the results of a name-check criminal 14 background investigation that was completed by the Department of Public Safety no
01 more than 30 days before the individual is hired; and 02 (3) submits to the facility two full sets of the individual's fingerprints. 03 (b) Within 30 days after employing an individual in a paid position, nursing 04 facility shall submit to the Department of Public Safety the fingerprints obtained under 05 (a)(3) of this section. The Department of Public Safety shall submit the fingerprints to 06 the Federal Bureau of Investigation for a national criminal history record check. When 07 the results are received, the department shall advise the facility of 08 (1) the date on which the fingerprint background check was completed; 09 and 10 (2) whether the check shows that the individual has committed an offense 11 described in (c) of this section. 12 (c) A nursing facility may not hire or retain an employee who has been 13 convicted of an offense listed in the department's regulations as being an offense covered 14 by this section. 15 * Sec. 2. AS 47.33 is amended by adding a new section to article 1 to read: 16 Sec. 47.33.100. CRIMINAL BACKGROUND CHECK FOR EMPLOYEES. (a) 17 An assisted living home may not employ an individual in a paid position that the 18 applicable licensing agency has determined is covered by this section, according to its 19 regulations, unless the individual, before beginning employment, 20 (1) provides to the home a sworn statement as to whether the individual 21 has been convicted of an offense described in (c) of this section; and 22 (2) provides to the home the results of a name-check criminal background 23 investigation that was completed by the Department of Public Safety no more than 30 24 days before the individual is hired; and 25 (3) submits to the home two full sets of the individual's fingerprints. 26 (b) Within 30 days after employing an individual in a paid position, an assisted 27 living home shall submit to the Department of Public Safety the fingerprints obtained 28 under (a)(3) of this section. The Department of Public Safety shall submit the 29 fingerprints to the Federal Bureau of Investigation for a national criminal history record 30 check. When the results are received, the department shall advise the home of 31 (1) the date on which the fingerprint background check was completed;
01 and 02 (2) whether the check shows that the individual has committed an offense 03 described in (c) of this section. 04 (c) An assisted living home may not hire or retain an employee who has been 05 convicted of an offense listed in the regulations of the applicable licensing agency as 06 being an offense covered by this section. 07 * Sec. 3. AS 47.33.920 is amended to read: 08 Sec. 47.33.920. REGULATIONS. The commissioner of health and social 09 services and the commissioner of administration each may adopt regulations to carry out 10 the provisions of this chapter, including regulations regarding licensure and renewal 11 requirements, license application and renewal procedures; application and license fees; 12 types, duration, renewal, and transferability of licenses; staffing and home operation 13 standards; and variances to licensure and operating standards. Regulations adopted under 14 this chapter may provide for the waiver or modification of the requirements of this 15 chapter for homes with fewer than six residents except that the regulations may not 16 provide for waiver or modification of the requirements of AS 47.33.100. 17 * Sec. 4. APPLICABILITY. (a) AS 18.20.302(a) and (b), added by sec. 1 of this Act, and 18 AS 47.33.100(a) and (b), added by sec. 2 of this Act, apply only to persons hired on or after 19 the effective date of this Act and may not be construed to modify a collective bargaining 20 agreement in effect on the effective date of this Act. 21 (b) AS 18.20.302(c), added by sec. 1 of this Act, and AS 47.33.100(c), added by sec. 22 2 of this Act, do not apply to convictions for offenses that were committed before the 23 effective date of this Act if the offense was committed by a person who was hired before the 24 effective date of this Act. 25 (c) Notwithstanding (a) and (b) of this section, until the effective date of new 26 regulations adopted to implement this Act, regulations that are in effect on the effective date 27 of this Act remain enforceable to the extent that they pertain to retention or nonretention of 28 an administrator or care provider in an assisted living home based on criminal offenses 29 described in the regulations.