SB 37: "An Act relating to adult day services facilities; relating to certain crimes occurring near an adult day services facility; relating to certain contracts for adult day services; relating to reports of harm regarding certain vulnerable adults; and providing for an effective date."
00 SENATE BILL NO. 37 01 "An Act relating to adult day services facilities; relating to certain crimes occurring 02 near an adult day services facility; relating to certain contracts for adult day services; 03 relating to reports of harm regarding certain vulnerable adults; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47 is amended by adding a new chapter to read: 07 Chapter 34. Licensure of Adult Day Services Facilities. 08 Sec. 47.34.010. Purpose; applicability. (a) The purpose of this chapter is to 09 establish and maintain standard levels for services offered by or at adult day services 10 facilities. The licensing procedures in this chapter are intended to reduce predictable 11 risk of harm to vulnerable adults and to provide support services and technical 12 assistance to those providing adult day services. 13 (b) This chapter and regulations adopted under this chapter apply to facilities 14 whose primary purpose is to provide adult day services to adults who are experiencing
01 either 02 (1) a major health crisis; or 03 (2) gradual deterioration of mental or physical abilities due to 04 progressive diseases, such as Alzheimer's disease, or due to the aging process. 05 Sec. 47.34.020. Powers of department. The department is responsible for the 06 licensing of adult day services facilities. The department may 07 (1) license and supervise adult day services facilities; 08 (2) investigate applicants, licensees, and persons that the department 09 reasonably believes are operating a facility without a license in violation of this 10 chapter; 11 (3) adopt regulations to implement this chapter, including regulations 12 establishing licensure procedures, standards, and fees; establishing requirements for 13 operation of facilities licensed under this chapter; and distinguishing between types of 14 adult day services facilities; and 15 (4) enter into agreements with private entities, municipalities, or 16 individuals to investigate and make recommendations to the department for the 17 licensing and supervision of adult day services facilities under procedures and 18 standards of operation established by the department. 19 Sec. 47.34.030. License required; exemptions. (a) A person may not 20 operate an adult day services facility without a license issued under this chapter unless 21 that facility is exempt from licensure. The following facilities are exempt: 22 (1) a facility that serves not more than three adults; 23 (2) a facility that operates for not more than five hours a day or not 24 more than two days a week; 25 (3) a recreational program that adults attend and in which the program 26 does not assume responsibility for care of the adults; 27 (4) a temporary facility that provides adult day services for less than 28 five continuous weeks; 29 (5) a facility that is licensed under AS 47.33 as an assisted living home 30 and in which the adult day services program is part of the program plan of the home 31 for residents of the home;
01 (6) a facility that is licensed under AS 18.20 as a hospital or nursing 02 home. 03 (b) In addition to facilities that, under this section, are exempt from licensure, 04 the department, by regulation, may provide for additional exemptions that the 05 department considers appropriate. 06 (c) A person may apply for a license for a facility that is exempt from 07 licensure under this section, except for a facility described in (a)(5) or (6) of this 08 section. The department may issue a license to an applicant under this subsection if 09 the applicant meets the requirements of this chapter and regulations adopted under this 10 chapter. 11 Sec. 47.34.040. Application for license. (a) Application for a license to 12 operate an adult day services facility shall be made to the department on a form 13 provided by the department and must be accompanied by all applicable fees 14 established by the department by regulation. 15 (b) An application submitted under this section must be accompanied by at 16 least the following: 17 (1) copies of all inspection reports and approvals required by fire 18 prevention and environmental health and safety authorities for operation of the facility 19 in this state, including any variances granted by these authorities; 20 (2) a plan of operation, as required by the department by regulation; 21 (3) evidence that the applicant has completed orientation or training 22 required by the department by regulation; 23 (4) if the facility is located in a municipality, appropriate building 24 permits and certificates of occupancy issued by the municipality in which the facility 25 is located; 26 (5) other information required by the department by regulation in order 27 to monitor compliance with this chapter and with regulations adopted under this 28 chapter. 29 Sec. 47.34.050. Criminal background check for employees and regular 30 volunteers. (a) An adult day services facility may not employ an individual in a paid 31 position that the department has determined is covered by this section, according to its
01 regulations, and may not allow an individual to serve as a regular volunteer in a 02 capacity that the department has determined is covered by this section, according to its 03 regulations, unless the individual, before beginning employment or volunteering, 04 provides to the facility 05 (1) a sworn statement as to whether the individual has been convicted 06 of an offense described in (c) of this section; and 07 (2) the results of a name-check criminal background investigation that 08 was completed by the Department of Public Safety not more than 30 days before the 09 individual is employed or begins volunteer work. 10 (b) Within 30 days after employing an individual in a paid position described 11 in (a) of this section or allowing an individual to begin to serve as a regular volunteer 12 in a capacity described in (a) of this section, an adult day services facility shall submit 13 to the Department of Public Safety two full sets of the individual's fingerprints. The 14 Department of Public Safety shall submit the fingerprints to the Federal Bureau of 15 Investigation for a national criminal history record check. When the results are 16 received, the Department of Administration shall advise the facility as to whether the 17 check shows that the individual has committed an offense described in (c) of this 18 section. 19 (c) An adult day services facility may not hire or retain an employee in a 20 position that the department has determined is covered by this section and may not 21 allow an individual to serve as a regular volunteer in a capacity that the department 22 has determined is covered by this section if the employee or regular volunteer has 23 been convicted of an offense listed in the regulations of the department as being an 24 offense covered by this section. 25 Sec. 47.34.060. Probationary license; biennial license. (a) The department 26 shall issue a probationary license to a new adult day services facility that applies under 27 AS 47.34.040 if, after inspection and investigation, the department determines that the 28 application and plan of operation for the facility meet the requirements of this chapter 29 and regulations adopted under this chapter. A probationary license is valid for a 30 period not to exceed one year. The department may extend a probationary license for 31 one additional period not to exceed one year.
01 (b) Before expiration of a probationary license issued under (a) of this section, 02 the department shall inspect and investigate the facility in order to determine whether 03 the facility is operating under the probationary license in compliance with this chapter 04 and regulations adopted under this chapter. The department shall issue a biennial 05 license for the facility if, after inspection and investigation under this subsection, the 06 department finds that the facility is operating in compliance with and meets the 07 licensure requirements of this chapter and regulations adopted under this chapter, none 08 of the grounds for revocation set out in AS 47.34.180 exist, and all required fees have 09 been paid. The department shall prepare a summary report of its findings and 10 recommendations for issuance of a biennial license. 11 (c) The issuance of a license by the department does not entitle the facility to 12 receive payment from the state for services provided under the license without a 13 payment agreement entered into by the state. 14 Sec. 47.34.070. Denial of license; right to appeal. (a) If the department 15 denies an application for a probationary license for an adult day services facility or 16 decides not to issue a biennial license for a facility, it shall notify the prospective 17 licensee in writing. Notice shall be given by hand delivery or by certified mail, return 18 receipt requested. The notice must contain a statement of the department's reasons for 19 denial of the license and must include a form for requesting a hearing under (b) of this 20 section. 21 (b) A prospective licensee who is denied licensure under (a) of this section 22 may appeal to the commissioner the department's denial by requesting a hearing on the 23 form provided by the department within 15 days after receipt of the notice of denial of 24 licensure. 25 Sec. 47.34.080. Variances. (a) The department may grant a variance from a 26 requirement of this chapter or a regulation adopted under this chapter to an applicant 27 for a license under this chapter or to a licensee. An applicant seeking a variance under 28 this section shall submit the request to the department on a form provided by the 29 department. 30 (b) A request for a variance must contain the following information: 31 (1) the statute or regulation from which the variance is sought;
01 (2) the reasons why the variance is requested; 02 (3) the period of time for which the variance is requested; 03 (4) the proposed alternative means of satisfying the intent of the 04 requirement for which the variance is requested; 05 (5) a statement as to how the health and safety of adults served by the 06 facility will be protected during the period of the variance; 07 (6) a statement of assurance that the conditions of the facility do not 08 present an imminent danger to the health or safety of adults served by the facility; and 09 (7) other information that the department by regulation requires. 10 (c) To evaluate a request for a variance, the department shall take one or more 11 of the following actions: 12 (1) review or investigate the statements in the request; 13 (2) inspect the facility; 14 (3) schedule a conference with the applicant or licensee regarding the 15 variance request. 16 (d) A variance may be granted if 17 (1) the applicant requesting the variance proposes an alternative 18 means, acceptable to the department, of satisfying the intent of the requirements for 19 which the variance is requested; and 20 (2) the health and safety of adults served by the facility are adequately 21 protected. 22 (e) The department's decision approving or denying a variance must be in 23 writing, and the department shall provide a copy of the decision to the applicant 24 requesting the variance. If the department grants the variance, the decision must state 25 the term of and the provisions of the variance. 26 (f) If a person who has been granted a variance under this section violates a 27 provision of that variance, the department may terminate the variance. If a variance is 28 terminated under this subsection, the person may appeal using the procedures 29 specified in AS 47.34.070(b). 30 Sec. 47.34.090. Licenses not transferable. A license may be issued under 31 this chapter only for the location and person named in the application. A license
01 issued under this chapter may not be transferred to another location or person. 02 Sec. 47.34.100. Orientation and training. The department, by regulation, 03 may require that an applicant for a license under this chapter or a licensee complete 04 orientation or training to assist that person in operating under the license in 05 compliance with this chapter and regulations adopted under this chapter. 06 Sec. 47.34.110. Records required. (a) In accordance with regulations 07 adopted by the department, a licensee shall keep the records regarding each individual 08 receiving adult day services that are necessary to show compliance with this chapter 09 and with regulations adopted under this chapter. 10 (b) The department's licensing records, with the names of all individuals 11 receiving services deleted to protect the confidentiality of those individuals, are 12 available for public inspection and copying under AS 40.25.100 - 40.25.220, except 13 for 14 (1) material made confidential by state or federal statutes or 15 regulations; 16 (2) material that is part of an uncompleted licensing or complaint 17 investigation; 18 (3) records that would deprive an applicant, licensee, or other person 19 of a fair and impartial hearing; and 20 (4) records for which the department determines that disclosure would 21 constitute an unwarranted invasion of personal privacy of individuals receiving 22 services from the facility. 23 (c) Notwithstanding (b) of this section, a government agency that provides 24 money to a facility licensed under this chapter shall have access to all of that facility's 25 records necessary for the conduct of an audit. 26 Sec. 47.34.120. Monitoring; investigation. (a) By the first anniversary of 27 the effective date of an initial or renewed biennial license issued under this chapter, 28 the licensee shall submit a self-monitoring report to the department. The department 29 shall, by regulation, specify the contents of the report. 30 (b) The department may conduct an investigation, including announced or 31 unannounced on-site inspections of a licensee's facility, for ongoing monitoring or to
01 assist in its review of a self-monitoring report. 02 Sec. 47.34.130. Biennial license renewal. (a) At least 90 days before the 03 expiration date of a biennial license issued under this chapter, a licensee who wishes to 04 remain licensed shall submit, on a form provided by the department, an application for 05 renewal of the license and any variances granted under AS 47.34.080. The application 06 must include a self-monitoring report as provided in AS 47.34.120(a) and regulations 07 adopted under this chapter. 08 (b) Before the expiration of a biennial license, the department or its 09 representative shall inspect a facility that is the subject of a renewal application. 10 (c) The department shall renew a biennial license if the department finds that 11 (1) the licensee either is in full compliance with this chapter and with 12 regulations adopted under this chapter or is substantially in compliance and has 13 implemented a plan of correction, approved by the department, that is designed to 14 bring the licensee's facility into full compliance; 15 (2) the licensee has maintained the facility in good repair and is in 16 compliance with all fire safety and environmental health and safety code requirements 17 to operate in this state; 18 (3) grounds for revocation of a license set out in AS 47.34.180 do not 19 exist; and 20 (4) all required fees have been paid. 21 (d) If a licensee submits a renewal application for a biennial license within the 22 time period required by (a) of this section, but the department is unable to complete its 23 review before the expiration date of the biennial license, the license is automatically 24 extended for 90 days or until the department completes its review and either approves 25 or denies the application, whichever occurs first. 26 (e) If the department finds that an applicant for the renewal of a biennial 27 license is not in full compliance with a provision of this chapter, a regulation adopted 28 under this chapter, or a variance granted on the license, but finds that denial of the 29 application for renewal is not warranted, the department may issue a probationary 30 license. The provisions of AS 47.34.060 regarding the conversion of an initial 31 probationary license to a biennial license apply to a probationary license issued under
01 this subsection. 02 (f) If the department denies an application for the renewal of a biennial 03 license, the department shall provide the applicant with a notice of the denial. The 04 applicant may appeal using procedures specified in AS 47.34.070(b). 05 Sec. 47.34.140. Notice of changes. (a) A licensee shall provide the 06 department with written notice of a change of mailing address at least 14 days before 07 the effective date of the change. 08 (b) A licensee shall notify the department of a conviction or indictment, 09 presentment, or charging by information or complaint of a person for whom a criminal 10 background check is required under AS 47.34.050 for a violation of any offense 11 defined by regulation under AS 47.34.050(c). Notice shall be given not later than the 12 end of the business day following the day on which the licensee becomes aware of the 13 conviction, indictment, presentment, or charging. 14 (c) A licensee shall notify the department at least 30 days before the effective 15 date of a relinquishment of a license. 16 (d) A licensee shall notify the department at least 20 days before the date on 17 which the licensee proposes to change the number of adults receiving adult day 18 services at a licensed facility or the facility's hours of operation. If the licensee 19 proposes to increase the number of adults receiving adult day services or to lengthen 20 the hours of operation, the department shall conduct a review of the facility before the 21 date of the proposed change to ensure that the facility, after the proposed change, will 22 still be in compliance with this chapter, regulations adopted under this chapter, and the 23 provisions of the license, including any variance, issued or given to the facility. 24 (e) A licensee shall notify the department not later than one business day after 25 the licensee signs a contract for sale or lease of the licensee's facility. 26 (f) A licensee shall notify the department at least 30 days before the date on 27 which the licensee proposes to change the location of the licensee's facility. 28 Sec. 47.34.150. Complaints. (a) A person who believes that this chapter, a 29 regulation adopted under this chapter, or a provision of a license, including any 30 variance, issued or given under this chapter has been violated may file an oral or 31 written complaint with the department.
01 (b) The department shall review all complaints filed under this section and 02 conduct an investigation if the department considers it necessary in order to fully 03 evaluate the complaint. The department may dismiss a complaint without 04 investigation if the department determines from its review that the complaint is 05 without merit. 06 (c) After a review and any investigation under this section, the department 07 shall prepare a written report and mail a copy to the licensee of a licensed facility, to 08 any other person who is the subject of the complaint, and to the complainant if 09 requested. If the department determines that a violation of this chapter, a regulation 10 adopted under this chapter, or a provision of a license, including any variance, issued 11 or granted under this chapter has occurred, the department's report must contain the 12 following: 13 (1) a description of the violation; 14 (2) a citation to the provision of this chapter, the regulation adopted 15 under this chapter, or the license, including any variance, that has been violated, if 16 applicable; and 17 (3) either 18 (A) a date by which the violation must be corrected and a 19 verification of compliance be submitted to the department; or 20 (B) a plan for the correction of the violation. 21 (d) A licensee may submit to the department a written response regarding a 22 report issued under (c) of this section. The department shall retain the written 23 response in the licensing file. 24 (e) A licensee may not take retaliatory action against a person who files a 25 complaint under this chapter. A complainant against whom retaliatory action has been 26 taken may recover treble damages in a civil action upon a showing that the action was 27 taken in retaliation for the filing of a complaint under this chapter. 28 Sec. 47.34.160. Reviews and investigations; search warrants. (a) An 29 applicant for a license under this chapter or a licensee shall cooperate with the 30 department for purposes of reviews and investigations for licensure, monitoring of 31 compliance with the license, or resolution of complaints under AS 47.34.150 by
01 (1) permitting representatives of the department or the department's 02 designees to inspect the facility, review records, and interview staff and individuals 03 receiving adult day services; and 04 (2) providing to the department or the department's designee 05 information and documentation requested to determine compliance with this chapter, 06 regulations adopted under this chapter, or a provision of a license, including a 07 variance, issued or granted to the facility. 08 (b) Following a review and investigation relating to ongoing monitoring of a 09 facility or relating to a facility that the department believes is operating without a 10 license in violation of this chapter, the department shall prepare a written report as 11 described in AS 47.34.150(c). The facility may submit a written response. 12 (c) The department may seek a search warrant from the court to inspect a 13 facility if 14 (1) the department has probable cause to believe that the facility is 15 operating without a license in violation of this chapter and the facility operator refuses 16 to allow an inspection by the department; or 17 (2) the licensee of a facility refuses to allow a timely inspection of the 18 facility by the department. 19 Sec. 47.34.170. Enforcement actions. (a) During a review and investigation 20 under this chapter, the department, by written order, may suspend operation of a 21 facility if the department has reasonable cause to believe that a violation is occurring 22 that presents an imminent danger to the health or safety of the individuals receiving 23 adult day services. A suspension under this subsection continues for the time period 24 set by the department in the order and may continue until the department issues a 25 report under AS 47.34.160. 26 (b) If, after a review and investigation under this chapter, the department 27 determines that a violation of this chapter, a regulation adopted under this chapter, or a 28 provision of a license, including any variance, has occurred, or that a reason for 29 revocation or nonrenewal set out in AS 47.34.180 exists, the department has issued a 30 report under AS 47.34.160, and the department has determined that voluntary 31 compliance or a plan of correction is not appropriate, the department may take one or
01 more of the following enforcement actions, as the department considers appropriate: 02 (1) delivery of a warning notice to the licensee or other person who is 03 the subject of the review or investigation; 04 (2) modification of the term of an existing license or reduction of the 05 number of adults to whom adult day services may be provided under the license; 06 (3) suspension of operation of the facility for a period of time set by 07 the department; 08 (4) suspension of new enrollment of adults in the facility for a period 09 of time set by the department; 10 (5) suspension of a variance granted under this chapter; 11 (6) conversion of a biennial license into a probationary license, subject 12 to the provisions of AS 47.34.130(e); 13 (7) nonrenewal of the license; 14 (8) revocation of the license; 15 (9) issuance of an order requiring immediate closure of the facility; 16 (10) assessment of an administrative fine of up to $500 for each day a 17 violation continues, not to exceed a total of $5,000 for a single violation. 18 (c) The department shall provide the licensee or other person who is the 19 subject of a review and an investigation with written notice if the department decides 20 to take enforcement action under (b) of this section. The notice must include a form 21 for the licensee or other person to request a hearing under (d) of this section. The 22 notice must describe 23 (1) the condition, if any, in the facility that constitutes a violation of 24 this chapter, of a regulation adopted under this chapter, or of a provision of the license; 25 (2) each enforcement action that will be taken; 26 (3) the licensee's or other person's right to appeal the department's 27 decision to take an enforcement action described in (b) of this section. 28 (d) A licensee or other person to whom a notice has been provided under (a) 29 or (c) of this section may appeal the department's decision to impose an enforcement 30 action described in (a) or (b) of this section by filing a written request for a hearing on 31 a form provided by the department within 15 days after receipt of the order suspending
01 operations or of the notice of enforcement action. 02 (e) Unless the violation that prompted an enforcement action under (b) of this 03 section presents an imminent danger to the health or safety of the individuals receiving 04 adult day services, an enforcement action described in a notice provided under (c) of 05 this section may not be imposed until 06 (1) the time period for requesting a hearing under (d) of this section 07 has passed without a hearing being requested; or 08 (2) the department makes a final decision following a hearing 09 requested under (d) of this section. 10 (f) The department may request the assistance of the superior court to enforce 11 a final administrative order if a licensee or other person refuses to comply with that 12 order. 13 (g) A licensee whose license was revoked or not renewed under this section 14 may not reapply for licensure under this chapter until after the time period, if any, set 15 by the department in its final administrative order. If a time period is not set by the 16 department, the revocation or nonrenewal is permanent, and the former licensee may 17 not again apply for licensure under this chapter. 18 (h) Assessment of an administrative fine under this section does not preclude 19 imposition of a criminal penalty under AS 47.34.210 or the seeking of other remedies 20 available under the laws of this state. 21 (i) In this section, "final administrative order" means the department's decision 22 following a hearing if one is requested under (d) of this section, or the department's 23 notice of enforcement action if a hearing is not requested. 24 Sec. 47.34.180. Grounds for license revocation or nonrenewal. (a) In 25 addition to the ground of violation of this chapter, of a regulation adopted under this 26 chapter, or of a provision of a license, including any variance, the department may 27 revoke or decline to renew a license issued under this chapter on one or more of the 28 following grounds: 29 (1) failure to submit a timely and complete license renewal application; 30 (2) the indictment, or charging by information or complaint, or a 31 criminal conviction within the last 10 years, of a person for whom a criminal
01 background check is required under AS 47.34.050 for offenses listed in regulations 02 adopted under AS 47.34.050(c); 03 (3) obtaining or attempting to obtain or renew a license under this 04 chapter by fraudulent means, misrepresentation, or submission of false information; 05 (4) failure to timely correct a violation noted in a report of an 06 investigation under this chapter provided to a licensee; 07 (5) failure to comply with a final administrative order issued by the 08 department under AS 47.34.170. 09 (b) A licensee under this chapter may voluntarily relinquish a license or 10 withdraw an application for renewal of a license. 11 Sec. 47.34.190. Administrative procedure. The administrative adjudication 12 provisions contained in AS 44.62.330 - 44.62.640 apply to an appeal from a 13 department decision authorized under this chapter. 14 Sec. 47.34.200. Immunity from liability. (a) A person operating under an 15 agreement with the department under AS 47.34.020(4) is immune from civil liability 16 that might otherwise be incurred or imposed for acts or omissions that occurred during 17 the performance of the person's duties on behalf of the department if the person was 18 operating within the scope of the duties delegated to the person under the agreement. 19 (b) The department and the department's officers, agents, and employees are 20 not liable for civil damages as a result of an act or omission in the licensing, 21 monitoring, or supervision of a facility licensed under this chapter. This subsection 22 does not preclude liability for civil damages as a result of gross negligence or reckless 23 or intentional misconduct. 24 Sec. 47.34.210. Penalty. A person who violates this chapter or a regulation 25 adopted under this chapter regarding operation of a facility without a license or fails to 26 comply with a final administrative order of the department issued under AS 47.34.170 27 affecting the health or safety of adults served by the facility is guilty of a class B 28 misdemeanor. 29 Sec. 47.34.900. Definitions. In this chapter, 30 (1) "administrator" means an individual who has general 31 administrative charge and oversight of a facility;
01 (2) "adult day services" means therapeutic and support services 02 provided at a central location to functionally or cognitively impaired adults, such as 03 exercise programs, reminiscing and memory activities, social or cultural gatherings, 04 and assistance with health and personal care; 05 (3) "adult day services facility" means a place where adult day services 06 are regularly provided for individuals over 21 years of age for periods of time that are 07 less than 24 hours in duration, unless the provision of nighttime services is authorized 08 by the department; 09 (4) "department" means the Department of Administration; 10 (5) "facility" means an adult day services facility; 11 (6) "licensee" means a person to whom a license has been issued under 12 this chapter. 13 * Sec. 2. AS 11.61.195(a) is amended to read: 14 (a) A person commits the crime of misconduct involving weapons in the 15 second degree if the person knowingly 16 (1) possesses a firearm during the commission of an offense under 17 AS 11.71.010 - 11.71.040; 18 (2) violates AS 11.61.200(a)(1) and is within the grounds of or on a 19 parking lot immediately adjacent to 20 (A) a public or private preschool, elementary, junior high, or 21 secondary school without the permission of the chief administrative officer of 22 the school or district or the designee of the chief administrative officer; [OR] 23 (B) a center, other than a private residence, licensed under 24 AS 14.37, AS 47.33, or AS 47.35 or recognized by the federal government for 25 the care of children; or 26 (C) an adult day services facility licensed under AS 47.34; 27 or 28 (3) discharges a firearm at or in the direction of 29 (A) a building with reckless disregard for a risk of physical 30 injury to a person; or 31 (B) a dwelling.
01 * Sec. 3. AS 11.61.220(a) is amended to read: 02 (a) A person commits the crime of misconduct involving weapons in the fifth 03 degree if the person 04 (1) knowingly possesses a deadly weapon, other than an ordinary 05 pocket knife or a defensive weapon, that is concealed on the person; 06 (2) knowingly possesses a loaded firearm on the person in any place 07 where intoxicating liquor is sold for consumption on the premises; 08 (3) being an unemancipated minor under 16 years of age, possesses a 09 firearm without the consent of a parent or guardian of the minor; 10 (4) knowingly possesses a firearm 11 (A) within the grounds of or on a parking lot immediately 12 adjacent to 13 (i) a center, other than a private residence, licensed 14 under AS 14.37, AS 47.33, or AS 47.35 or recognized by the federal 15 government for the care of children; or 16 (ii) an adult day services facility licensed under 17 AS 47.34; 18 (B) within a 19 (i) courtroom or office of the Alaska Court System; or 20 (ii) courthouse that is occupied only by the Alaska 21 Court System and other justice-related agencies; or 22 (C) within a domestic violence or sexual assault shelter that 23 receives funding from the state; or 24 (5) possesses or transports a switchblade or a gravity knife. 25 * Sec. 4. AS 36.30.850(b)(19) is amended to read: 26 (19) contracts for home health care provided under regulations adopted 27 by the Department of Health and Social Services, [AND] for adult residential care 28 services provided under regulations adopted by the Department of Health and Social 29 Services or by the Department of Administration, and for adult day services 30 provided under regulations adopted by the Department of Administration; 31 * Sec. 5. AS 44.62.330(a) is amended by adding a new paragraph to read:
01 (60) the Department of Administration concerning the licensing and 02 regulation of adult day services facilities under AS 47.34. 03 * Sec. 6. AS 47.24.010(a) is amended to read: 04 (a) Except as provided in (e) and (f) of this section, the following persons 05 who, in the performance of their professional duties, have reasonable cause to believe 06 that a vulnerable adult suffers from abandonment, exploitation, abuse, neglect, or self- 07 neglect shall, not later than 24 hours after first having cause for the belief, report the 08 belief to the department's central information and referral service for vulnerable 09 adults: 10 (1) a physician or other licensed health care provider; 11 (2) a mental health professional as defined in AS 47.30.915(11) and 12 including a marital and family therapist licensed under AS 08.63; 13 (3) a pharmacist; 14 (4) an administrator of a nursing home, residential care, or health care 15 facility; 16 (5) a guardian or conservator; 17 (6) a police officer; 18 (7) a village public safety officer; 19 (8) a village health aide; 20 (9) a social worker; 21 (10) a member of the clergy; 22 (11) a staff employee of a project funded by the Department of 23 Administration for the provision of services to older Alaskans, the Department of 24 Health and Social Services, or the Council on Domestic Violence and Sexual Assault; 25 (12) an employee of a personal care or home health aide program; 26 (13) an emergency medical technician or a mobile intensive care 27 paramedic; 28 (14) a caregiver of the vulnerable adult; 29 (15) a certified nurse aide; 30 (16) a person holding a license for an adult day services facility 31 under AS 47.34 and an employee of that person.
01 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. Notwithstanding sec. 10 of this Act, the agencies 04 affected by the changes made by this Act may proceed to adopt regulations necessary to 05 implement the changes. The regulations take effect under AS 44.62 (Administrative 06 Procedure Act), but not before the effective date of the statutory change. 07 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: EXISTING FACILITIES. (a) Notwithstanding AS 47.34.030, 10 enacted by sec. 1 of this Act, a facility that, on December 31, 2003, is operating as an adult 11 day services facility as defined in AS 47.34.900, enacted by sec. 1 of this Act, and that would 12 be required under AS 47.34.030, enacted by sec. 1 of this Act, to be licensed on January 1, 13 2004, may continue to operate as an adult day services facility without the required license 14 until April 1, 2004, or until a probationary license under AS 47.34.060(a), enacted by sec. 1 of 15 this Act, is issued or denied, whichever is earlier. 16 (b) Notwithstanding the requirements of AS 47.34.050(a) and (b), enacted by sec. 1 of 17 this Act, a facility that, on December 31, 2003, is operating as an adult day services facility as 18 defined in AS 47.34.900, enacted by sec. 1 of this Act, and that would be required under 19 AS 47.34.030, enacted by sec. 1 of this Act, to be licensed under AS 47.34, and an individual 20 employed by or serving as a regular volunteer with that facility on December 31, 2003, have 21 until April 1, 2004, to meet the applicable requirements of AS 47.34.050(a) and (b), enacted 22 by sec. 1 of this Act, and regulations implementing AS 47.34.050. 23 * Sec. 9. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 24 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect January 1, 2004.