Alaska Administrative Code

Notes 7 AAC 09.120 Eff. 4/28/77, Register 62; repealed 3/25/98, Register 145 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be …

Notes 7 AAC 09.130 Eff. 4/28/77, Register 62; repealed 3/25/98, Register 145 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be …

Notes 7 AAC 09.140 Eff. 4/28/77, Register 62; repealed 3/25/98, Register 145 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be …

Notes 7 AAC 09.150 Eff. 4/28/77, Register 62; repealed 3/25/98, Register 145 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be …

Notes 7 AAC 09.160 Eff. 4/28/77, Register 62; repealed 6/5/2011, Register 198 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be…

Notes 7 AAC 09.170 Eff. 4/28/77, Register 62; am 3/25/98, Register 145; repealed 6/5/2011, Register 198 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More c…

The purpose of this chapter is to establish certain licensing, certification, approval, and other requirements for providers defined in 7 AAC 10.990, and to establish standards for the protection of public health, safety, and welfare. Notes 7 AAC 10.010 Eff. 6/23/2006, Register 1…

The provisions of (1)7 AAC 10.900 - 7 AAC 10.990 (Barrier Crimes and Conditions; Background Checks) apply to a provider described in 7 AAC 10.990; (2)7 AAC 10.1000 - 7 AAC 10.1095 (Environmental Health and Safety) apply to an entity listed in 7 AAC 10.1000(b); and (3)7 AAC 10.950…

(a) The purpose of 7 AAC 10.1000 - 7 AAC 10.1095 is to protect public health, safety, and welfare by establishing environmental health and safety standards for entities listed in (b) of this section that are in addition to the requirements of 7 AAC 50, 7 AAC 57, and 7 AAC 75, as …

For purposes of 7 AAC 10.1000 - 7 AAC 10.1095, a caregiver is an individual in an entity whose duties include care, contact, and supervision of adults or children in care. A caregiver does not include (1) a parent or other relative of an adult or child in care, unless the parent …

Subject to AS 47.32.050, before deciding whether to issue a license to an entity listed in 7 AAC 10.1000(b), the department may inspect the entity to determine whether the entity is maintained in a manner protective of life, health, safety, and welfare with respect to (1) bedroom…

(a) An entity listed in 7 AAC 10.1000(b) must comply with the applicable life and fire safety requirements of this section and any additional or more stringent applicable standards established by a municipality to which the state fire marshal has deferred building fire safety ins…

(a) An entity shall ensure that room temperature in the facility is maintained at the following applicable draft-free temperature, adjusted as needed for the majority of adults or children in care to be comfortable: (1) 65 degrees Fahrenheit for an entity licensed to provide care…

(a) An entity shall provide an ample supply of potable water from a system that complies with applicable provisions of 18 AAC 80. (b) An entity listed in 7 AAC 10.1000(b) that was licensed before June 23, 2006, has until June 23, 2007 to comply with the requirements of this secti…

An entity shall provide a domestic wastewater system that complies with applicable provisions of 18 AAC 72. Notes 7 AAC 10.1022 Eff. 6/23/2006, Register 178 Authority:AS 18.05.010 AS 18.05.040 AS 44.29.020 AS 47.14.120 AS 47.32.010 AS 47.32.030 AS 47.32.130 AS 47.32.140 AS 47.33.…

An entity shall ensure that solid waste is conveyed, stored, and disposed of in a manner that (1) minimizes the development of odor; (2) prevents waste from attracting and harboring pests; and (3) complies with applicable provisions of 18 AAC 60. Notes 7 AAC 10.1025 Eff. 6/23/200…

(a) An entity shall ensure that plumbing in the entity is consistent with good public health practices. An entity located in a municipality with a population of 2,500 or more shall ensure that plumbing is sized, installed, and maintained as required by the applicable state plumbi…

(a) An entity shall ensure that (1) the premises and surrounding grounds are kept clean, sanitary, safe, and in good repair; (2) the entity is free of hazards, including splintered surfaces, sharp edges, protruding corners, broken or hazardous toys, steep stairways, ice on walkwa…

(a) Except as provided in (b) of this section, in addition to the other cleaning and sanitation requirements of 7 AAC 10.1000 - 7 AAC 10.1095, an entity shall ensure that (1) each table or highchair used for food is in good repair, is easily cleanable, and is cleaned and sanitize…

An entity shall take precautions to reduce risk against the spread of a communicable, contagious, or infectious disease that could pose a significant threat to the health, safety, or welfare of adults or children in care. In addition to the applicable requirements of 7 AAC 10.100…

(a) A caregiver with a communicable disease, rash, or infection, or an acute respiratory infection, may not work in an entity in any capacity in which the caregiver likely could transmit that disease, rash, infection, or respiratory infection to an adult or child in care. (b) Car…

(a) Except as provided in (b) of this section, an entity that provides incontinence care shall develop, and ensure that each caregiver follows, written incontinence care procedures that minimize the spread of disease and the risk of contamination to hands and surfaces. In additio…

(a) In addition to other applicable requirements of 7 AAC 10.1000 - 7 AAC 10.1095, an entity licensed to provide care for infants and children shall (1) if infants or toddlers are in care, install and use safety gates to prevent access to stairs; (2) install outlet covers in all …

(a) An entity for which a food service permit is required by the Department of Environmental Conservation shall meet the applicable requirements of 18 AAC 31. If that department has set minimum standards for an entity, the entity shall meet those minimum standards. (b) An entity …

(a) Subject to 12 AAC 44.965, or another applicable statute or regulation, an entity listed in 7 AAC 10.1000(b) shall meet each applicable requirement of this section unless the entity has an onsite pharmacist and consequently follows a more stringent procedure for that requireme…

(a) An entity shall review, and shall post or make readily available, first aid procedures. The entity shall post and keep current emergency telephone numbers, including the number for the poison control center, near one or more telephones in the entity. The entity shall maintain…

(a) Firearms and ammunition are prohibited in an assisted living home licensed for six or more residents, and in a child care center, a residential child care facility, and a maternity home. (b) An entity that is not subject to (a) of this section shall ensure that any firearms a…

(a) In addition to the applicable requirements of AS 18.35.300-18.35.365, an entity listed in 7 AAC 10.1000(b) is subject to the applicable requirements of this section. (b) Smoking is prohibited in a child care center, a residential child care facility, and a maternity home. (c)…

(a) An entity shall ensure that any animal kept in the entity has no communicable disease, has immunizations required under state and federal law, and is free of internal and external parasites. The entity must show proof of compliance with required immunizations to the departmen…

(a) An entity shall, whenever practical, use a nonchemical method, including good sanitation practices, structural repair, and window screens to control pests. Pesticide use, including the use of a certified applicator if required, is subject to applicable requirements of the Dep…

(a) An entity shall ensure that(1) each cleaning material, detergent, aerosol can, pesticide, poison, and other toxic material is (A) stored in the original labeled container; the requirement in this subparagraph does not apply to a spray bottle that contains a commercial sanitiz…

(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) lic…

An applicant may request a background check under 7 AAC 10.900 - 7 AAC 10.990 to comply with 7 AAC 10.900( a)(1). Notes 7 AAC 10.902 Eff. 6/29/2017,Register 222, July 2017 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 State r…

(a) The department, including the variance review committee appointed under 7 AAC 10.935, will limit the use of information gathered during the background check process under 7 AAC 10.900 - 7 AAC 10.990 as stated in this section. (b) The department will not disclose information o…

(a) A barrier crime or condition is a criminal offense or civil finding that prohibits a provider or an applicant from being approved under 7 AAC 10.900. The standards and prohibitions in this section apply to an individual who seeks to be associated or to remain associated in a …

(a) A provider must request a background check under this section, or provide proof of a valid fingerprint-based background check, for each individual to be associated with the provider in any manner described in 7 AAC 10.900(b). A provider must request a background check (1) whe…

(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 u…

(a) Subject to (b) and (c) of this section, the department may issue notification of a provisional valid background check after screening an applicant under 7 AAC 10.915(a) and reviewing the criminal justice information supplied by the Department of Public Safety, if a barrier cr…

(a) A provider shall monitor to ensure that all applicants associated with the provider in any manner described in 7 AAC 10.900(b) continue to meet the applicable requirements of AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990. The provider shall require each applicant f…

(a) If the department makes a determination under 7 AAC 10.915(d) or (e) that a barrier crime or condition exists, or if the department revokes an applicant's background check under 7 AAC 10.945(a), the applicant who was the subject of the background check may submit a request fo…

(a) Except for a crime or condition listed in (g) of this section, if a provider or an applicant is notified under 7 AAC 10.915(d) or 7 AAC 10.927(c) that a barrier crime or condition exists under 7 AAC 10.900 - 7 AAC 10.990. the provider or the applicant may request a variance u…

(a) The commissioner will appoint three or more department employees, including a chair, to serve as a variance review committee whose primary responsibility is to evaluate variance requests submitted under 7 AAC 10.900-7 AAC 10.990. The commissioner will include at least one emp…

(a) Except as provided in (b) and (c) of this section, if the department grants a variance under 7 AAC 10.935, the provider shall post a copy of the variance decision with the copy of the license, certification, approval, or finding of eligibility to receive payments. The posting…

(a) Subject to AS 47.32, if the department decides to revoke a valid background check issued under 7 AAC 10.900 - 7 AAC 10.990, the department will provide electronic notice of the change in determination to the provider for whom the background check was conducted. The department…

(a) If a variance request is denied or made subject to terms or conditions under 7 AAC 10.935(j) and (k) or if the oversight division revokes a variance under 7 AAC 10.945(b), the provider or applicant may submit a request for reconsideration under this section if the provider or…

(a) Except as provided in (b)(2) and (3) of this section, the purpose of 7 AAC 10.9500 - 7 AAC 10.9535 is to provide a process for determining whether a general variance, if requested, should be granted for a requirement of (1) AS 47.32; (2) this chapter; or (3) another regulatio…

(a) Subject to 7 AAC 10.9500(b) (2) and (3), and (b) of this section, the department may grant a general variance if (1) the applicable requirements of 7 AAC 10.9500 - 7 AAC 10.9515 are met; (2) an alternative means, acceptable to the department, satisfies the purpose of the requ…