(a) The purpose of
7
AAC 10.900 -
7
AAC 10.990 is to establish standards, requirements,
and procedures dealing with barrier crimes and conditions and with background
checks, including
(1) the identification of
banier crimes and conditions that would bar an individual from
(A) licensure, certification, or approval by
the department;
(B) a finding of
eligibility to receive certain payments from the department; and
(C) association with a provider in a manner
described in (b) of this section;
(2) requirements for requesting a background
check and procedures to determine whether a barrier crime or condition exists;
and
(3) requirements for
maintaining compliance with
AS
47.05.300-47.05.390, AS 47.32, and
7
AAC 10.900 -
7
AAC 10.990, including standards for association and
requirements for continued monitoring and notification;
(b) The provisions of
7
AAC 10.900 -
7
AAC 10.990 apply to a provider seeking approval from
an oversight division to provide services or receive payments from the
department. Each individual who is to be associated with a provider in a manner
described in this subsection must have a valid background check conducted under
7
AAC 10.900 -
7
AAC 10.990 if that individual is 16 years of age or
older and will be associated with the provider as
(1) an administrator or operator;
(2) an individual service provider;
(3) an employee, an independent contractor,
an apprentice, an unsupervised volunteer, or a board member if that individual
has
(A) regular contact with recipients of
services;
(B) access to personal or
financial records maintained by the provider regarding recipients of services,
including access to
(i) personal identifying
information, financial information, treatment information, or medical records;
and
(ii) a recipient's money or
other property in any manner that could result in misappropriation of that
money or property ; or
(C) control over or impact on the financial
well-being of recipients of services, unless the only recipient whose financial
well-being is affected is a
(i) relative of
the individual who has authorized that individual to make financial decisions
for that relative;
(ii) recipient
who has executed a power of attorney for that individual to make financial
decisions for that recipient; or
(iii) recipient for whom a court has
authorized that individual to make financial decisions for that recipient;
(4) an
officer, a director, a partner, a member, or a principal of the business
organization that owns an entity, if that individual has
(A) regular contact with recipients of
services;
(B) access to personal or
financial records maintained by the provider regarding recipient s of services,
including access to
(i) personal identifying
information, financial information, treatment information, or medical records;
and
(ii) a recipient's money or
other property in any manner that could result in misappropriation of that
money or property ; or
(C) control over or impact on the financial
well-being of recipients of services, unless the only recipient whose financial
well-being is affected is a
(i) relative of
the individual who has authorized that individual to make financial decisions
for that relative;
(ii) recipient
who has executed a power of attorney for that individual to make financial
decisions for that recipient; or
(iii) recipient for whom a court has
authorized that individual to make financial decisions for that recipient;
(5) except
as provided in (c) and d(9)of this section, an individual who resides in a part
of an entity, including a residence if services are provided in the residence,
if the individual remains, or intends to remain, in the entity or residence for
45 days or more, in total, in a 12-month period; or
(6) except as provided in (c) and (d) of this
section, any other individual who.
(A) is
present in the entity, including in a residence if services are provided in the
residence; and
(B) would have
regular contact with recipients of services.
(c) A background check under
7
AAC 10.900-
7
AAC 10.990 is not required for a recipient of
services, unless that recipient is also associated with the provider in any
manner described in (b)(1) - (4) of this section.
(d) A background check under
7
AAC 10.900 -
7
AAC 10.990 is not required for the following
individuals, if supervised access is provided in accordance with (e) of this
section:
(1) a relative of a recipient of
services, unless that relative is also associated with the provider in any
manner described in (b)(1) - (5) of this section;
(2) a visitor of a recipient of services,
unless that visitor is also associated with the provider in any manner
described in (b)(1) - (4) of this section;
(3) an individual for whom the provider
submits evidence to the department of a fingerprint-based criminal history
check conducted and implemented under a process that meets or exceeds the
standards of
7
AAC 10.900 -
7
AAC 10.990;
(4) a person listed in (A) or (B) of this
paragraph, as follows, if that person is not associated with the provider in
any manner described in (b)(l) - (4) of this section:
(A) an employee, an independent contractor,
an apprentice, or an unsupervised volunteer;
(B) a board member, an officer, a director, a
partner, a member, or a principal of the business organization that owns an
entity
(5) a personal
physician, an infant learning teacher, an attendant for a child with special
needs as described in
7
AAC 57.940, a licensor, a fire marshal, a food
services sponsor, or another similar individual who
(A) is not associated with the provider in
any manner described in (b) of this section; and
(B) provides support services to the provider
or to a recipient of services;
(6) an individual who is a vendor or an
industry representative, or who provides delivery, installation, maintenance,
or repair services;
(7) an
individual who resides in any part of an entity, including a residence if
services are provided in the residence, if the individual remains in the entity
or residence for less than 45 days, in total, in a 12-month period;
(8) a parent's designee to drop off and pick
up a child in care, unless the designee is also associated in a manner
described in (b) of this section with the entity providing child
care;
(9) a parent who receives
money from the department for purposes of paying an approved in-home child care
provider under
7
AAC 41.370, and any other individual who resides in
that parent's household; however, the exemption in this paragraph does not
apply to an approved in-home child care provider who resides in the
household;
(10) an occasional guest
of the administrator or operator of an entity or of a provider.
(e) A provider must provide
supervised access for an individual exempted under (d) of this section if the
individual is present in the entity during hours of operation. Supervised
access is not required in a residence where in-home child care is provided
under 7 AAC 41.370.
(f) For purposes of (b)(5) and (d)(7) of this
section, "individual who resides in any part of an entity" means an individual
who dwells continuously in, or legally occupies, the premises housing the
provider, as evidenced by
(1) the
individual's address on the individual's permanent fund dividend received under
AS 43.23, driver's license, fishing or hunting license, or other official
record; or
(2) observation by
another individual of the individual occupying the premises.
