Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
AS 47.32.010 Purpose and applicability.
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(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 …
AS 47.32.020 Requirement to obtain a license; exemption.
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(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 tha…
AS 47.32.030 Powers of the Department of Health and the Department of Family and Community Services; delegation to municipality.
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(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…
AS 47.32.032 Foster care license; variance.
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(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 requir…
AS 47.32.033 Host care home license.
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(a) The Department of Health may issue a license to a person under this section and regulations adopted under this section to operate a host care home to provide 24-hour oversight and care on a continuing basis for up to two individuals if each individual is (1) 18 years of age o…
AS 47.32.040 Application for license.
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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 re…
AS 47.32.050 Provisional license; biennial license.
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(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 applica…
AS 47.32.060 License renewal.
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(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…
AS 47.32.070 Notice of denial or conditions; appeal.
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(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 statemen…
AS 47.32.080 Posting; license not transferable.
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(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 b…
AS 47.32.090 Complaints; investigation; retaliation.
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(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) …
AS 47.32.100 Cooperation with investigation.
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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 …
AS 47.32.110 Right of access and inspection.
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(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 co…
AS 47.32.120 Report.
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(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 e…
AS 47.32.130 Enforcement action: immediate revocation or suspension.
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(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 occurre…
AS 47.32.140 Violations, compliance, and enforcement.
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(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 t…
AS 47.32.150 Hearings.
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(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 a…
AS 47.32.160 Immunity.
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(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 un…
AS 47.32.170 Criminal penalty.
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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.
AS 47.32.180 Confidentiality; release of certain information.
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(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 in…
AS 47.32.190 Access to information.
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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 informati…
AS 47.32.200 Notices required of entities.
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(a) An entity shall provide the department with licensing authority for that entity with written notice of a change of mailing address at least 14 days before the effective date of the change. (b) An entity shall notify the department with licensing authority for that entity with…
AS 47.32.900 Definitions.
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In this chapter, (1) “ambulatory surgical center” means a facility that (A) is not a part of a hospital or a physician's general medical practice; and (B) operates primarily for the purpose of providing surgical services to patients who do not require hospitalization; (2) “assist…