SCS CSHB 60(HSS): "An Act relating to the licensing of runaway shelters; allowing minors 16 years of age or older to consent to behavioral health and mental health services; authorizing school personnel to recommend a behavioral health or mental health professional to a child 16 years of age or older; relating to advisors to the board of trustees of the Alaska Mental Health Trust Authority; relating to the sharing of confidential health information between the Department of Health and the Department of Family and Community Services; relating to the duties of the Department of Health and the Department of Family and Community Services; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 60(HSS) 01 "An Act relating to the licensing of runaway shelters; allowing minors 16 years of age or 02 older to consent to behavioral health and mental health services; authorizing school 03 personnel to recommend a behavioral health or mental health professional to a child 16 04 years of age or older; relating to advisors to the board of trustees of the Alaska Mental 05 Health Trust Authority; relating to the sharing of confidential health information 06 between the Department of Health and the Department of Family and Community 07 Services; relating to the duties of the Department of Health and the Department of 08 Family and Community Services; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 12.62.400(a) is amended to read: 11 (a) To obtain a national criminal history record check for determining a 12 person's qualifications for a license, permit, registration, employment, or position, a
01 person shall submit the person's fingerprints to the department with the fee established 02 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 03 of Investigation to obtain a national criminal history record check of the person for the 04 purpose of evaluating a person's qualifications for 05 (1) a license or conditional contractor's permit to manufacture, sell, 06 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 07 under AS 04.11; 08 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 09 loan originator under AS 06.60; 10 (3) admission to the Alaska Bar Association under AS 08.08; 11 (4) licensure as a collection agency operator under AS 08.24; 12 (5) a certificate of fitness to handle explosives under AS 08.52; 13 (6) licensure as a massage therapist under AS 08.61; 14 (7) licensure to practice nursing or certification as a nurse aide under 15 AS 08.68; 16 (8) certification as a real estate appraiser under AS 08.87; 17 (9) a position involving supervisory or disciplinary power over a minor 18 or dependent adult for which criminal justice information may be released under 19 AS 12.62.160(b)(9); 20 (10) a teacher certificate under AS 14.20; 21 (11) a registration or license to operate a marijuana establishment 22 under AS 17.38; 23 (12) admittance to a police training program under AS 18.65.230 or for 24 certification as a police officer under AS 18.65.240 if that person's prospective 25 employer does not have access to a criminal justice information system; 26 (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 27 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 28 (15) licensure as an insurance producer, managing general agent, 29 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 30 broker, or independent adjuster under AS 21.27; 31 (16) serving and executing process issued by a court by a person
01 designated under AS 22.20.130; 02 (17) a school bus driver license under AS 28.15.046; 03 (18) licensure as an operator or an instructor for a commercial driver 04 training school under AS 28.17; 05 (19) registration as a broker-dealer, agent, investment adviser 06 representative, or investment adviser under AS 45.56.300 - 45.56.350; 07 (20) licensure, license renewal, certification, certification renewal, or 08 payment from the Department of Health of an individual and an entity subject to the 09 requirements for a criminal history check under AS 47.05.310, 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 14 services under AS 47.30.530; 15 (D) an entity listed in AS 47.32.010(b) and (c), including an 16 owner, officer, director, member, partner, employee, volunteer, or contractor of 17 an entity; or 18 (E) an individual or entity not described in (A) - (D) of this 19 paragraph that is required by statute or regulation to be licensed or certified by 20 the Department of Health or that is eligible to receive payments, in whole or in 21 part, from the Department of Health to provide for the health, safety, and 22 welfare of persons who are served by the programs administered by the 23 Department of Health; 24 (21) employment as a village public safety officer under AS 18.65.672 25 or certification as a village public safety officer under AS 18.65.682; 26 (22) licensure, license renewal, certification, or certification renewal 27 by the Department of Family and Community Services of an individual or entity, or 28 payment from the Department of Family and Community Services to an individual or 29 entity, subject to the requirements for a criminal history check under AS 47.05.310 30 [FOR A FOSTER HOME, CHILD PLACEMENT AGENCY, AND RUNAWAY 31 SHELTER LISTED IN AS 47.32.010(c)], including an entity listed in
01 AS 47.32.010(c) and an owner, officer, director, member, partner, employee, 02 volunteer, or contractor of an entity. 03 * Sec. 2. AS 14.30.171 is amended by adding a new subsection to read: 04 (c) Notwithstanding (a) of this section, school personnel may recommend a 05 behavioral health professional or mental health professional to a child who is 16 years 06 of age or older. In this subsection, "behavioral health professional" and "mental health 07 professional" have the meanings given in AS 14.30.174(b). 08 * Sec. 3. AS 14.30.174(a) is amended to read: 09 (a) Notwithstanding AS 14.30.171(a)(3) and (5), a behavioral or mental health 10 professional working within a public school system may, in compliance with federal 11 education law or applicable state law, 12 (1) recommend, but not require, a psychiatric or behavioral health 13 evaluation of a child; [AND] 14 (2) recommend, but not require, psychiatric, psychological, or 15 behavioral treatment for a child; and 16 (3) obtain informed consent from and provide behavioral or 17 mental health services to a child who is 16 years of age or older. 18 * Sec. 4. AS 18.65.340(f)(1) is amended to read: 19 (1) "department" means a department of state government listed in 20 AS 44.17.005(2) - (16) [AS 44.17.005(2) - (15)]; 21 * Sec. 5. AS 25.20.025(a) is amended to read: 22 (a) Except as prohibited under AS 18.16.010(a)(3), 23 (1) a minor who is living apart from the minor's parents or legal 24 guardian and who is managing the minor's own financial affairs, regardless of the 25 source or extent of income, may give consent for medical and dental services for the 26 minor; 27 (2) a minor may give consent for medical and dental services if the 28 parent or legal guardian of the minor cannot be contacted or, if contacted, is unwilling 29 either to grant or withhold consent; however, if [WHERE] the parent or legal guardian 30 cannot be contacted or, when [IF] contacted, is unwilling either to grant or to withhold 31 consent, the provider of medical or dental services shall counsel the minor keeping in
01 mind not only the valid interests of the minor but also the valid interests of the parent 02 or guardian and the family unit as best the provider presumes them; 03 (3) a minor who is the parent of a child may give consent to medical 04 and dental services for the minor or the child; 05 (4) a minor may give consent for diagnosis, prevention, or treatment of 06 pregnancy, and for diagnosis and treatment of venereal disease; 07 (5) a minor who is 16 years of age or older may give consent to 08 receive behavioral or mental health services from a behavioral health 09 professional or mental health professional; in this paragraph, "behavioral health 10 professional" and "mental health professional" have the meanings given in 11 AS 14.30.174(b) [THE PARENT OR GUARDIAN OF THE MINOR IS RELIEVED 12 OF ALL FINANCIAL OBLIGATION TO THE PROVIDER OF THE SERVICE 13 UNDER THIS SECTION]. 14 * Sec. 6. AS 25.20.025 is amended by adding a new subsection to read: 15 (d) The parent or guardian of a minor is relieved of all financial obligation to 16 the provider of a service under this section. 17 * Sec. 7. AS 44.25.260 is amended to read: 18 Sec. 44.25.260. Board advisors. The commissioners of health, family and 19 community services, natural resources, and revenue, or their respective designees, are 20 advisors to the board. 21 * Sec. 8. AS 47.05 is amended by adding a new section to article 1 to read: 22 Sec. 47.05.115. Access to identifiable health information. Notwithstanding a 23 contrary provision of law, the Department of Health and the Department of Family 24 and Community Services shall share identifiable health information, regardless of the 25 confidential nature of the information, between and within the departments as 26 necessary to enable administration or operation of the sending or receiving 27 department. Information shared in accordance with this section shall be acquired, 28 used, disclosed, and stored in a confidential manner that safeguards the security of the 29 information in a physically, administratively, and technologically secure environment. 30 In this section, "identifiable health information" has the meaning given in 31 AS 18.15.395.
01 * Sec. 9. AS 47.10.300 is amended to read: 02 Sec. 47.10.300. Powers and duties [OF THE DEPARTMENT]. The 03 Department of Health [DEPARTMENT] shall 04 (1) review, inspect, and approve or disapprove for licensing proposed 05 or established programs for runaway minors to ensure the health and safety of minors 06 in the program; 07 (2) [MAINTAIN A REGISTER OF LICENSED PROGRAMS FOR 08 RUNAWAY MINORS; 09 (3) AWARD NONPROFIT CORPORATIONS OR 10 MUNICIPALITIES GRANTS FOR THE ESTABLISHMENT OR OPERATION OF 11 LICENSED PROGRAMS FOR RUNAWAY MINORS; 12 (4)] adopt regulations for the administration of AS 47.10.300 - 13 47.10.390, including regulations providing for the coordination of services to be 14 provided by licensed programs for runaway minors and by the Department of Health 15 [DEPARTMENT]. 16 * Sec. 10. AS 47.10.300 is amended by adding a new subsection to read: 17 (b) The Department of Family and Community Services shall 18 (1) maintain a register of licensed programs for runaway minors; 19 (2) award nonprofit corporations or municipalities grants for the 20 establishment or operation of licensed programs for runaway minors. 21 * Sec. 11. AS 47.10.310(b) is amended to read: 22 (b) The Department of Health [DEPARTMENT] may license a program for 23 runaway minors under AS 47.10.300 - 47.10.390 only if the program 24 (1) is operated by a corporation or a municipality; and 25 (2) meets the requirements of (c) of this section. 26 * Sec. 12. AS 47.10.310(c) is amended to read: 27 (c) A program for runaway minors shall 28 (1) explain to a minor who seeks assistance from the program the legal 29 rights and responsibilities of runaway minors and the services and assistance provided 30 for runaway minors by the program and by the state or local municipality; 31 (2) upon admission of a minor to the program, attempt to determine
01 why the minor is a runaway and what services may be necessary or appropriate for 02 reuniting the minor with the minor's family; 03 (3) provide or help arrange for the provision of services necessary to 04 promote the health and welfare of a minor in the program and, if appropriate, members 05 of the minor's family; services may include, but are not limited to, the provision of 06 food, shelter, clothing, medical care, and individual, group, or family counseling; 07 (4) within one state working day after admission of a minor to the 08 program inform the Department of Family and Community Services 09 [DEPARTMENT] of a minor in the program 10 (A) who claims to be the victim of child abuse or neglect, as 11 defined in AS 47.17.290; 12 (B) whom an employee of the program has cause to believe has 13 been a victim of child abuse or neglect; or 14 (C) whom an employee of the program has reason to believe is 15 evading the supervision of the department, the person to whom the department 16 has entrusted supervision, or the minor's legal guardian; 17 (5) be operated with the goal of reuniting runaway minors with their 18 families, except in cases in which reunification is clearly contrary to the best interest 19 of the minor; and 20 (6) maintain adequate staffing and accommodations to ensure physical 21 security and to provide crisis services to minors residing in a facility operated by the 22 program; a program that, as determined by the Department of Health 23 [DEPARTMENT], regularly receives state money in an amount that exceeds one- 24 fourth of the program's costs shall maintain semi-secure portions of its facilities in a 25 proportion that meets regulations established by the Department of Health 26 [DEPARTMENT]; residents under 18 years of age shall be segregated from residents 27 who are 18 years of age or older. 28 * Sec. 13. AS 47.10.390(1) is amended to read: 29 (1) "licensed program for runaway minors" means a residential or 30 nonresidential program licensed by the Department of Health [DEPARTMENT] 31 under AS 47.10.310;
01 * Sec. 14. AS 47.10.396 is amended to read: 02 Sec. 47.10.396. Confidentiality of records. If the Department of Health or 03 the Department of Family and Community Services [DEPARTMENT] requires 04 record keeping by a shelter for runaways or by a corporation that is licensed to 05 designate shelters for runaways, records of the shelter and the corporation that identify 06 a runaway minor who has been sheltered in a shelter for runaways or has sought 07 assistance from a shelter for runaways are confidential and are not subject to 08 inspection or copying under AS 40.25.110 - 40.25.120 unless 09 (1) after being informed of the minor's right to privacy, the minor 10 consents in writing to the disclosure of the records; 11 (2) the records are relevant to an investigation or proceeding involving 12 child abuse or neglect or a child in need of aid petition; or 13 (3) disclosure of the records is necessary to protect the life or health of 14 the minor. 15 * Sec. 15. AS 47.10.398(a) is amended to read: 16 (a) A person in a shelter for runaways, or in a home for which an application 17 to be designated a shelter for runaways is being considered by a corporation licensed 18 for that purpose by the Department of Health [DEPARTMENT], that is operated in a 19 manner that is consistent with AS 47.10.392 - 47.10.399 and regulations adopted 20 under those sections is not criminally liable under AS 11.51.130(a)(4). 21 * Sec. 16. AS 47.10.398(b) is amended to read: 22 (b) Except as provided in (c) of this section, the provider of a shelter for 23 runaways, or of a home for which an application to be designated a shelter for 24 runaways is being considered by a corporation approved for that purpose by the 25 Department of Health [DEPARTMENT], that is operated in a manner that is 26 consistent with AS 47.10.392 - 47.10.399 and regulations adopted under those 27 sections and the members of the provider's household, other than a runaway minor, are 28 not liable for civil damages as a result of an act or omission 29 (1) in admitting or refusing to admit a runaway minor to the shelter or 30 home; or 31 (2) by a runaway minor who is sheltered in the shelter or home.
01 * Sec. 17. AS 47.10.399(2) is amended to read: 02 (2) "shelter for runaways" or "shelter for runaway minors" means a 03 private residence whose legal occupant agrees to shelter, with or without 04 compensation, a runaway minor accepted into the residence by the legal occupant and 05 that 06 (A) is not simultaneously licensed under AS 47.10.310 as a 07 program for runaway minors; 08 (B) has been designated a shelter for runaways by a corporation 09 licensed for that purpose under AS 47.32; and 10 (C) has a permit issued by the Department of Health 11 [DEPARTMENT] under AS 47.32. 12 * Sec. 18. AS 47.32.010(b) is amended to read: 13 (b) The following entities are subject to this chapter and regulations adopted 14 under this chapter by the Department of Health: 15 (1) ambulatory surgical centers; 16 (2) assisted living homes; 17 (3) child care facilities; 18 (4) freestanding birth centers; 19 (5) home health agencies; 20 (6) hospices, or agencies providing hospice services or operating 21 hospice programs; 22 (7) hospitals; 23 (8) intermediate care facilities for individuals with an intellectual 24 disability or related condition; 25 (9) maternity homes; 26 (10) nursing facilities; 27 (11) residential child care facilities; 28 (12) residential psychiatric treatment centers; 29 (13) rural health clinics; 30 (14) subacute mental health facilities; 31 (15) runaway shelters.
01 * Sec. 19. AS 47.32.032 is amended to read: 02 Sec. 47.32.032. Foster care license; variance. (a) The Department of Family 03 and Community Services [DEPARTMENT] shall streamline the application and 04 licensing paperwork necessary for a person to be approved as a foster parent or 05 relative placement to the extent consistent with federal law. 06 (b) The Department of Family and Community Services [DEPARTMENT] 07 shall approve a variance of the applicable building code requirements for licensure of 08 a foster care home to the extent permitted by federal law if an applicant does not meet 09 the requirements at the time of inspection and 10 (1) the home design and construction is consistent with homes located 11 in the community; and 12 (2) the home is otherwise a safe environment for a child. 13 (c) To the extent feasible, the Department of Family and Community 14 Services [DEPARTMENT] shall approve or deny a foster care home license, 15 including a request for a variance under this section, not more than 45 days after the 16 date the department receives the application for a foster care home license. If it is not 17 feasible to approve or deny a foster care home license not more than 45 days after 18 receiving the application, a supervisory-level employee may authorize a longer period 19 of time for the decision, but the period must be the shortest period feasible. 20 * Sec. 20. AS 47.32.060(e) is amended to read: 21 (e) The applicable department shall adopt regulations establishing the 22 grounds for nonrenewal of a license for each entity that department licenses under 23 AS 47.32.010 for purposes of AS 47.32.050 and this section. 24 * Sec. 21. AS 47.32.150(b) is amended to read: 25 (b) Upon receipt of a timely request for a hearing by an entity regarding an 26 enforcement action under AS 47.05.310, AS 47.32.070, or 47.32.140(d)(1), (2), (4), 27 (8), (10), (11), or (12) or (f), the applicable department shall conduct a hearing in front 28 of an officer appointed by that department's [THE] commissioner. A hearing under 29 this subsection may be conducted on the record, in an informal manner, and may not 30 be conducted under AS 44.62 or AS 44.64. The appointed hearing officer may be a 31 state employee.
01 * Sec. 22. AS 47.32.180(b) is amended to read: 02 (b) With the exception of information that identifies a complainant or a 03 recipient of services from an entity, a copy of a department's report of investigation or 04 inspection under AS 47.32.120, an entity's written response to the report, and 05 information regarding a department's imposition of an enforcement action under 06 AS 47.32.130 or 47.32.140 are public records under AS 40.25.100 - 40.25.295. The 07 Department of Health and the Department of Family and Community Services 08 [DEPARTMENTS] shall make this information available to the public for inspection 09 and copying within time frames specified in AS 40.25.100 - 40.25.295 or regulations 10 adopted under AS 40.25.100 - 40.25.295 after the 11 (1) entity receives its copy of the report of investigation under 12 AS 47.32.120, if the applicable department has determined that an enforcement action 13 under AS 47.32.130 or 47.32.140 will not be taken regarding the entity; 14 (2) applicable department's notice of enforcement action under 15 AS 47.32.130 or 47.32.140 becomes a final administrative order without a hearing 16 under AS 47.32.130(c) or 47.32.140(i); or 17 (3) issuance of a decision following a hearing under AS 47.32.150. 18 * Sec. 23. AS 47.32.900(2) is amended to read: 19 (2) "assisted living home" 20 (A) means a residential facility that serves three or more adults 21 who are not related to the owner by blood or marriage, or that receives state or 22 federal payment for services regardless of the number of adults served; the 23 Department of Health [DEPARTMENT] shall consider a facility to be an 24 assisted living home if the facility 25 (i) provides housing and food services to its residents; 26 (ii) offers to provide or obtain for its residents 27 assistance with activities of daily living; 28 (iii) offers personal assistance as defined in 29 AS 47.33.990; or 30 (iv) provides or offers any combination of these 31 services;
01 (B) does not include 02 (i) a correctional facility; 03 (ii) an emergency shelter; 04 (iii) a program licensed under AS 47.10.310 for 05 runaway minors; 06 (iv) a type of entity listed in AS 47.32.010(b)(6) - (10) 07 or (c)(2); 08 * Sec. 24. AS 47.32.900 is amended by adding a new paragraph to read: 09 (24) "applicable department" means the department with licensing 10 authority for an entity under AS 47.32.010. 11 * Sec. 25. AS 47.32.010(c)(3) is repealed. 12 * Sec. 26. This Act takes effect immediately under AS 01.10.070(c).