(a) The purpose of this chapter is to establish centralized licensing and related administrative procedures for the delivery of services in this state by the entities listed in (b) and (c) of this section. These procedures are intended to promote safe and appropriate services by setting standards for licensure that will reduce predictable risk; improve […]
(a) An entity may not operate a facility described in AS 47.32.010(b) or (c) without first obtaining a license under this chapter unless the entity is exempt under regulations adopted under AS 47.32.030 or is exempt under (c) of this section. (b) If an entity encompasses more than one type of activity listed in AS […]
(a) For each entity over which it has licensing authority under AS 47.32.010, the applicable department may (1) administer and enforce the provisions of this chapter; (2) coordinate and develop policies, programs, and planning related to licensure and operation of entities listed in AS 47.32.010(b) or (c) as defined by regulation; (3) adopt regulations necessary […]
(a) The department shall streamline the application and licensing paperwork necessary for a person to be approved as a foster parent or relative placement to the extent consistent with federal law. (b) The department shall approve a variance of the applicable building code requirements for licensure of a foster care home to the extent permitted […]
A person shall apply to the applicable department for a license under this chapter. The application must be made to the applicable department on a form provided by that department or in a format approved by that department, and must be accompanied by (1) any fee established by regulation; and (2) documents and information required […]
(a) After an entity submits an application under AS 47.32.040, the department with licensing authority over that entity may issue a provisional license. Before issuing a provisional license, the department must conduct an inspection and investigation to determine that the application and the entity meet the requirements of this chapter, regulations adopted under this chapter, […]
(a) At least 90 days before expiration of a biennial license, a licensed entity that intends to remain licensed shall submit an application for renewal of the license on a form provided by the applicable department or in a format approved by the applicable department, accompanied by (1) all documents and information identified in regulation […]
(a) If the applicable department denies an application for or places conditions on a provisional or biennial license or license renewal, that department shall provide the applicant or entity with a notice of the action by certified mail. The notice must contain a written statement of the reason for the action and information about requesting […]
(a) A license issued under this chapter shall be posted in a conspicuous place on the licensed premises. Any notice of a variance issued by the authorizing department shall be posted near the license. (b) A license issued under this chapter is not transferable unless authorized by the authorizing department.
(a) A person who believes that an entity has violated an applicable statute or regulation or a condition of a license issued under this chapter may file a verbal or written complaint with the department that has licensing authority for that type of entity under AS 47.32.010. (b) The department with licensing authority under (a) […]
An entity shall cooperate with an investigation initiated by the department with licensing authority for that entity under AS 47.32.010. An investigated entity shall (1) permit representatives of the investigating department to inspect the entity; review records, including files of individuals who received services from the entity; interview staff; and interview individuals receiving services from […]
(a) A designated agent or employee of a department with licensing authority under AS 47.32.010 shall have right of access to an entity within that department’s licensing authority (1) to determine whether an application for licensure or renewal is appropriate; (2) to conduct a complaint investigation; (3) to conduct a standard inspection; (4) to inspect […]
(a) Within 10 working days after completing an investigation or inspection under AS 47.32.090 – 47.32.110, the department that conducted the investigation or inspection shall prepare a report of the results of the investigation or inspection and mail a copy of the report to the entity. The report shall include a description of (1) any […]
(a) If the applicable department’s report of investigation or inspection under AS 47.32.120 concludes that the department with licensing authority for the entity under AS 47.32.010 has reasonable cause to believe that a violation of an applicable statute or regulation has occurred that presents an immediate danger to the health, safety, or welfare of an […]
(a) If the report of investigation or inspection under AS 47.32.120 concludes that the department with licensing authority has reasonable cause to believe that a violation of an applicable statute or regulation has occurred, that department shall provide notice to the entity of the violation and an opportunity to cure the violation within a reasonable […]
(a) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.32.130(a) or 47.32.140(d)(3), (5), (6), (7), or (9), the applicable department shall request the chief administrative law judge appointed under AS 44.64.020 to appoint an administrative law judge employed or retained by the office of administrative […]
(a) The Department of Health and the Department of Family and Community Services and the employees and agents of both departments are not liable for civil damages as a result of an act or omission in the licensure process, the monitoring of a licensed entity, or any activities under this chapter. (b) A volunteer who […]
A person who intentionally or with criminal negligence violates a provision of this chapter or a regulation adopted under this chapter related to the health and safety of persons served by an entity required to comply with this chapter is guilty of a class B misdemeanor.
(a) Except as otherwise provided by law, the following are confidential and may not be disclosed to the public without a court order: complaints; investigations; inspections; records related to a complaint, investigation, or inspection; and the identity of a complainant and of individuals receiving services from an entity. (b) With the exception of information that […]
Notwithstanding any contrary provision of law, the divisions of each department assigned to implement this chapter shall have access to any information compiled or retained by other divisions of that department, regardless of the nature of the information or whether the information is considered confidential, in order to assist in administering the provisions of this […]