Alaska Administrative Code
Title 7 - Health and Social Services
Part 1 - Administration
Chapter 10 - Licensing, Certification, and Approvals
Article 3 - Barrier Crimes and Conditions; Background Checks
7 AAC 10.915 - Background check

Universal Citation: 7 AK Admin Code 10.915

Current through November 28, 2024

(a) To perform its functions under AS 47.05.330, the department will screen a request for a background check through

(1) the registry of certified nurse aides under AS 08.68.333;

(2) the Alaska Sex Offender/Child Kidnapper Registry that the Department of Public Safety maintains under AS 18.65.087;

(3) the List of Excluded Individuals and Entities (LEIE) that the United States Department of Health and Human Services, Office of Inspector General maintains under 42 U.S.C. 1320a-7 and 1320c-5 (sees. 1128 and 1156 of the Social Security Act); and

(4) any other registry or database determined by the department to be relevant to the screening being conducted under AS 47.05.330 for an individual, including
(A) professional licensing registries; and

(B) any registry or database maintained by this state or by another state.

(b) In addition to its review under (a) of this section, the department will review the criminal justice information supplied by the Department of Public Safety, court or other applicable government agency records, and the national criminal history record check supplied by the Federal Bureau of Investigation, to determine whether a barrier crime or condition exists for the individual who is the subject of the background check.

(c) If, after reviewing all available information described in (a) and (b) of this section, the department determines that a barrier crime or condition does not exist, the department will notify the requesting applicant or provider that the determination is available through the department's electronic database.

(d) If, while conducting a background check, the department determines that a barrier crime or condition exists, the department will

(1) issue a written notification to the applicant that explains
(A) that a barrier crime or condition exists;

(B) the applicable barrier time for the crime or condition;

(C) the right to request a variance, if allowed under 7 AAC 10.930; and

(D) the right to seek redetermination under 7 AAC 10.927; and

(2) provide notification to the provider that an applicant is not eligible for a valid background check, and that the provider may have the right to apply for a variance under 7 AAC 10.930; the department may provide notification electronically or in writing.

(e) For each request for a background check processed under this section, the department will mark in APSIN the name of the applicant who was the subject of the background check. If the department receives notification under APSIN of law enforcement activity for an applicant, or receives new notification of a civil action, the department will review the information. If the department determines that the activity creates a barrier crime or condition under 7 AAC 10.905, the department will immediately notify the provider and the applicant of the change in the department's determination. The department will notify the applicant that

(1) the department intends to immediately revoke the valid background check in accordance with 7 AAC 10.945; the department will identify the barrier crime or condition in the notice;

(2) the applicant may request a redetermination under 7 AAC 10.927 if the applicant believes that the department's determination was made in error or that there was an error in the information that the department relied on, or if the applicant has new or additional factual information that could change the department's determination; and

(3) if the applicant for whom the request was submitted by the provider wishes to disclose the barrier crime or condition to the provider, the provider may request a variance, if allowed under 7 AAC 10.930; if the request was submitted by an applicant under 7 AAC 10.902, the department will notify that applicant of the right to request a variance, if allowed under 7 AAC 10.930.

(f) Except as provided otherwise in this subsection, a provider shall, within 24 hours after receiving notification under (d) or (e) of this section, terminate association with the applicant in accordance with 7 AAC 10.960. If the provider or the applicant requests a variance under 7 AAC 10.930, or if the applicant requests a redetermination under 7 AAC 10.927, the applicant may remain associated with the provider, pending a decision on the request, if

(1) the applicant is removed from direct contact with recipients of services; and

(2) the provider ensures that the applicant is provided with direct supervision if the applicant is present in any area where services are provided, during hours of operation.

(g) If an applicant remains out of association with a provider for 100 days or longer, or if an applicant described in 7 AAC 10.902 fails to become associated with a provider within 100 days after the department's notification under (c) of this section, the background check becomes immediately invalid without prior notice. A new background check must be requested if the applicant wishes to become associated with any provider in any manner described in 7 AAC 10.900(b).

(h) If an applicant with a valid background check ceases to be, or fails to become, associated with a provider, and wishes to have the applicant's name unmarked in APSEST, the applicant must submit a written request to the department that the valid background check be rescinded.

Authority:AS 47.05.300

AS 47.05.310

AS 47.05.320

AS 47.05.330

AS 47.05.340

AS 47.32.010

AS 47.32.030

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