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Sec. 47.05.300. Applicability.

(a) The provisions of AS 47.05.310 – 47.05.390 apply to any individual or entity that is required by statute or regulation to be licensed or certified or that is eligible to receive payments, in whole or in part, from the Department of Health or the Department of Family and Community Services to provide for the […]

Sec. 47.05.310. Criminal history; criminal history check; compliance.

(a) If an individual has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the standards for licensure or certification established by the department with licensing or certification authority for the individual by regulation, that individual may not own […]

Sec. 47.05.320. Criminal history use standards.

The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual service provider of the criminal history of an individual obtained under AS 47.05.310.

Sec. 47.05.325. Civil history; civil history check; compliance.

(a) The Department of Health and the Department of Family and Community Services shall establish by regulation civil history standards for denial of issuance or renewal of a license or certification for an individual or for an entity within that department’s licensing or certification authority if the individual who is applying for a license, license […]

Sec. 47.05.340. Regulations.

The Department of Health and the Department of Family and Community Services shall adopt regulations to implement AS 47.05.300 – 47.05.390 for the entities and individuals for which that department has licensing or certification authority.

Sec. 47.05.350. Use of information; immunity.

An entity that obtains information about an employee under a criminal history check under AS 47.05.310 or a civil history check under AS 47.05.325 may use that information only as provided for in regulations adopted by the department with licensing or certification authority for that entity under this chapter. However, if an entity reasonably relies […]

Sec. 47.05.360. Variance request; final decision.

(a) An individual or entity subject to the provisions of AS 47.05.310 or 47.05.325 may request a variance from the provisions of AS 47.05.310 or 47.05.325 under procedures established by the department with licensing or certification authority for that individual or entity by regulation. The procedures must include the establishment of a variance committee to […]

Sec. 47.05.390. Definitions.

In AS 47.05.300 – 47.05.390, unless the context otherwise requires, (1) “criminal justice information” has the meaning given in AS 12.62.900; (2) “entity” means an entity listed in AS 47.32.010(b) or (c) or an individual service provider as described in AS 47.05.300 and includes an owner, officer, director, member, or partner of the entity; (3) […]