reglab/statecodes huggingface dataset:
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 10.960 - Termination of association

Current through May 31, 2024
(a) Except as
				  provided in (b) and (c) of this section, if a provider is required to terminate
				  association with an applicant, the provider shall
(1) notify the applicant that the applicant's
				  employment, volunteer services, or other association with the provider under 7 AAC 10.900(b) is ended, effective immediately, unless the provider takes
				  immediate action under (2) of this subsection; the provider must notify the
				  applicant under this paragraph
(A)
				  immediately, if the applicant is present at the premises where the provider is
				  providing services; or
(B) before
				  or upon the applicant's next arrival at those premises; or
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 10.990 - Definitions

Current through May 31, 2024
(a) In 7 AAC 10.900 - 7 AAC 10.990, unless
				  the context requires otherwise,
(1)
				  "applicant"
(A) means an individual who
				  requests a background check or a variance as required under 7 AAC 10.900 or
				  under 7 AAC 10.930 and 7 AAC 10.935 for association with a provider, or for
				  whom a provider requests a background check or a variance;
(B) includes an individual not currently
				  associated with a provider as set out in 7 AAC 10.900;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1000 - Purpose and applicability

Current through May 31, 2024
(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 applicable.
(b) Subject to (c) of this section, to be
				  licensed by the department, the following entities are subject to the
				  applicable requirements of 7 AAC 10.1000 -
				  7 AAC 10.1095:
(1) a
				  residential child care facility, including a residential group home and a
				  residential child care center;
(2)
				  repealed 7/1/2022;
(3) a
				  residential psychiatric treatment center;
(4) a maternity home;
(5) a child care facility required to be
				  licensed under AS 47.32 and 7 AAC 57;
(6) an assisted living home.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1002 - Caregivers

Current through May 31, 2024
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 or
				  other relative is a caregiver or a member of the licensee's
				  household;
(2) a parent's designee
				  to drop off and pick up a child in care, unless the designee performs the
				  duties of a caregiver;
(3) an
				  official or individual providing support services to the entity or to an adult
				  or child in care for fewer than five hours a week, such as an infant learning
				  teacher, an attendant for a child identified as having special needs under
				  7 AAC 57.940, a licensor, a fire marshal, or a food
				  service sponsor;
(4) an employee of
				  a delivery service who makes deliveries to the entity;
(5) installation, maintenance, and repair
				  service personnel who are present in the entity for less than two
				  weeks;
(6) an individual with an
				  ownership or management interest in the entity who makes only occasional
				  visits;
(7) an occasional guest in
				  the entity;
(8) an individual
				  residing in any part of the premises that house an entity, if the individual
				  remains or intends to remain in the residence for less than 45 days, in total,
				  in any 12-month period, and does not perform the duties of a caregiver;
				  or
(9) an individual coming into
				  incidental contact with adults or children in care during an outing away from
				  the entity.
Authority:
AS
						18.05.040
AS 47.14.120
AS 47.32.010
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1005 - Pre-licensing inspection

Current through May 31, 2024
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) bedrooms for an entity licensed to
				  provide 24-hour or overnight care;
(2) exits to the outside of the
				  building;
(3) smoke detectors,
				  carbon monoxide detectors, and fire extinguishers;
(4) storage and disposition of combustible
				  waste material;
(5) portable
				  heating mechanisms, if any; and
(6)
				  other applicable requirements of this chapter or another applicable statute or
				  regulation.
Authority:
AS
						18.05.010
AS 18.05.040
AS 44.29.020
AS 47.14.120
AS 47.32.010
AS 47.32.020
AS 47.32.030
AS 47.32.050
AS 47.32.060
AS 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1010 - Life and fire safety

Current through May 31, 2024
(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 inspection and
				  enforcement activities under
				  13 AAC 50.075(c).
(b) An entity must meet the requirements of
				  (c) of this section if the entity provides
(1) 24-hour or nighttime care for six or more
				  adults or children; in this paragraph, "nighttime care" means care between the
				  hours of 10:00 p.m. and 6:00 a.m.; or
(2) less than 24-hour care for six or more
				  children, including the caregiver's children who are under age 12 or of limited
				  mobility.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1015 - Heating and heating devices

Current through May 31, 2024
(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 for children;
(2) 68 degrees Fahrenheit for an entity
				  licensed to provide care for adults.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1020 - Water supply

Current through May 31, 2024
(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 section, if the entity was approved by the licensing agency to use a
				  rain catchment system as its source of potable water.
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 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1022 - Wastewater disposal

Current through May 31, 2024
An entity shall provide a domestic wastewater system that
					 complies with applicable provisions of 18 AAC 72.
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 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1025 - Solid waste disposal

Current through May 31, 2024
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.
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 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1030 - Toilet facilities, sinks, showers, and bathing facilities

Current through May 31, 2024
(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 plumbing code developed under
				  AS
				  18.60.705-18.60.740, and by any
				  applicable municipal plumbing code.
(b) An entity shall provide at least the
				  number of toilets, handsinks, and bathtubs or showers set out in the following
				  table:
Minimum Plumbing
								  Fixtures
Based on Average Number of
								  Adults or Children in Care, Plus
Employees and Family
								  Members in the Entity During Operation *
Type of Entity
Minimum Number of
								  Toilets
Minimum Number of
								  Handsinks
Minimum Number of Bathtubs or
								  Showers
Child care center
One for 15 or fewer persons
One for 15 or fewer persons
For a center licensed to care for infants or
								  toddlers, at least one bathtub, portable tub capable of being filled, dumped,
								  and cleaned, or sink used only for the purpose of bathing
Two for 16 to 30 persons
Two for 16 to 30 persons
One additional toilet for each additional 15 or
								  fewer persons
One additional handsink for each additional 15 or
								  fewer persons
Residential child care facility, assisted living
								  home, or maternity home
One for every six persons
One for every six persons
One for every six persons
* This number is calculated based on the
								  anticipated number of individuals who will be in the entity each day, using a
								  six-month average. Infants are not included for purposes of calculating the
								  number of persons in the entity.
(c) An entity shall provide and maintain
				  clean and sanitary toilet facilities and ensure that in each toilet room
(1) at least one easily cleanable waste
				  receptacle is provided; if soiled diapers are kept in a waste receptacle until
				  disposed of, that waste receptacle must be covered;
(2) toilet tissue is provided from a
				  wall-hung or protected container at each toilet;
(3) if one or more partitions are used
				  between toilets, each partition is raised at least 12 inches from the floor and
				  is smooth and easily cleanable;
(4)
				  each step stool, if provided, has a nonslip tread made of a water-impervious,
				  durable material;
(5) each floor
				  and wall is covered with smooth, durable, nonabsorbent, easily cleanable
				  material; and
(6) each toilet lid,
				  seat, and handle and each handsink is kept clean and sanitary.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1040 - General cleaning and sanitation standards

Current through May 31, 2024
(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 sanitized after each
				  use;
(2) uncarpeted floors, low
				  shelves, walls, door knobs, and other surfaces often touched by adults or
				  children in care are cleaned and sanitized at a frequency to keep the surfaces
				  clean and sanitary; in each carpeted area, the entity shall ensure that the
				  carpet is vacuumed and shampooed at a frequency to keep it clean;
(3) each interior waste receptacle is kept
				  clean and emptied as often as necessary to prevent overflow;
(4) any surface contaminated by a body fluid,
				  including saliva, blood, mucus, vomit, urine, feces, and an injury discharge,
				  is immediately cleaned and disinfected using universal precautions in
				  accordance with
				  7 AAC 10.1045, including the use of gloves and the caregiver
				  hygiene requirements of
				  7 AAC 10.1050(e);
(5) cleaning that may present a hazard to
				  adults or children is done only when a room is not occupied by adults or
				  children in care; and
(6) all
				  bedding is laundered
(A) at least once every
				  seven days;
(B) before assignment
				  to another adult or child in care; and
(C) whenever soiled.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1045 - Universal precautions

Current through May 31, 2024
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 10.1000 -
					 7 AAC 10.1095, precautions include
(1) seeking and complying with current
				  medical and sanitation advice on communicable, contagious, or infectious
				  diseases;
(2) adopting universal
				  precautions, including the use of gloves, to handle potential exposure to
				  blood, blood-contaminating body fluids, and injury discharges;
(3) training staff, if any, in universal
				  precautions and in the prevention of communicable, contagious, and infectious
				  diseases;
(4) ensuring that the
				  caregiver hygiene requirements of
				  7 AAC 10.1050 are met;
(5) encouraging children, or adults with
				  impaired judgment, to wash their hands
(A)
				  before food handling, preparation, serving, or table setting;
(B) before eating;
(C) after toileting;
(D) after handling pets or other animals;
				  and
(E) when hands are contaminated
				  with a body fluid, including after nose wiping; and
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1050 - Caregiver hygiene

Current through May 31, 2024
(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) Caregivers shall conform
				  to good hygienic practices, including those described in
				  7 AAC 10.1045 and this section.
(c) A caregiver shall thoroughly wash the
				  caregiver's hands with soap and warm running water and rinse with water
(1) before food handling, food preparation,
				  food serving, eating, or setting a table;
(2) after toileting, diapering, or assisting
				  with toileting or diapering;
(3)
				  before and after assisting with toothbrushing;
(4) after handling animals, animal waste, or
				  animal cages;
(5) before and after
				  giving medication, except as provided in (d) of this section;
(6) before and after participation in moist
				  play including molding clay, painting, and cooking; and
(7) whenever hands are contaminated with a
				  body fluid, including after nose wiping.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1055 - Incontinence care

Current through May 31, 2024
(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
				  addition, the entity shall ensure that
(1)
				  sufficient quantities of incontinence pads are available and neatly
				  stored;
(2) the entity has an
				  adequate supply of additional bedding and mattress pads;
(3) an impervious bag is used for the
				  disposal of soiled pads; and
(4)
				  nonlatex gloves and handwashing supplies are available to prevent
				  contamination, and are used in accordance with the universal precautions
				  described in
				  7 AAC 10.1045.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1060 - Additional provisions for entities licensed to provide care for children

Current through May 31, 2024
(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 electrical outlets that are not in use and that are accessible to
				  children under age five; and
(3)
				  use safe and sanitary equipment and supplies for diapering and toileting,
				  including easy accessibility for the caregiver to wash the caregiver's hands
				  after changing a diaper or assisting a child with toileting.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1065 - Food service and preparation

Current through May 31, 2024
(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
				  providing care for children shall ensure that any meals or snacks brought from
				  a child's home are labeled with the child's name and the date.
(c) An entity that is exempt under
				  18 AAC 31.012 or
				  18 AAC 31.014 from the requirements of 18 AAC 31 shall
				  maintain sanitary facilities for the proper care, storage, refrigeration, and
				  preparation of food. The entity shall ensure that
(1) for purposes of
				  AS
				  17.20.020, food served is not adulterated;
				  and
(2) fruits and vegetables are
				  thoroughly washed with potable water before use.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1070 - Medications

Current through May 31, 2024
(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 requirement, including
				  a procedure required under 12 AAC 52, or by federal law, and the department has
				  been informed in writing of the more stringent procedure and has approved its
				  use for purposes of this section.
(b) If, as part of health-related services
				  provided in an assisted living home, the home supervises the
				  self-administration of medications, supervision must be performed in accordance
				  with
				  AS
				  47.33.020.
(c) Except as provided in (d) and (g)(4) of
				  this section, an entity subject to this section shall
(1) ensure that each stored medication,
				  including each nonprescription medication, is in its original container and
				  properly labeled with the name of the adult or child for whom it is intended,
				  the name of the medication, the dosage, expiration date, and directions for
				  administration; except as provided in
				  7 AAC 10.1000(c), the requirements of this
				  paragraph do not apply to nonprescription medication used communally in a
				  foster home or foster group home;
(2) store medications in a manner that
				  prevents access by unauthorized persons;
(3) store controlled substances in a locked,
				  permanently affixed storage container; for a controlled substance that requires
				  refrigeration, the storage container must be locked; the entity shall establish
				  written procedures for maintaining a record that accurately accounts for the
				  receipt and each use of each controlled substance, and for periodically
				  reconciling the record; except as provided in
				  7 AAC 10.1000(c), the requirements of this
				  paragraph do not apply to a child care facility;
(4) store medications, including controlled
				  substances, in accordance with the manufacturer's recommendations;
				  and
(5) ensure that nonprescription
				  medications and health products, including nonaspirin fever reducers,
				  naturopathic remedies, vitamin and mineral supplements, diaper ointments and
				  powders, sunscreen, and insect repellent, are used only at the dose, duration,
				  or method of administration specified on the manufacturer's label.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1075 - First aid kit and procedures

Current through May 31, 2024
(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
(1) at least
				  one first aid kit described in (c) of this section that is kept at the
				  entity;
(2) at least one additional
				  first aid kit described in (c) of this section for field trips or outings away
				  from the entity; and
(3) an
				  abbreviated first aid kit for a neighborhood walk of 30 minutes or less; the
				  requirements of this paragraph do not apply to an assisted living home; an
				  entity may use the kit described in (2) of this subsection for a neighborhood
				  walk if the kit is not needed for a field trip or outing, and if a kit
				  described in (c) of this section is kept at the entity; for purposes of this
				  paragraph, an abbreviated kit must contain, at a minimum, the following:
(A) disposable nonporous, nonlatex
				  gloves;
(B) tweezers;
(C) adhesive bandages;
(D) bandage tape;
(E) sterile gauze pads;
(F) a cold pack;
(G) a CPR barrier device or mask;
(H) potable water;
(I) for an entity providing care for
				  children, the emergency child record information required by
				  7 AAC 57.400(a);
(J) medication that may be needed on the
				  walk.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1080 - Firearms and ammunition

Current through May 31, 2024
(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 are
				  unloaded and stored in a locked gun safe or other locked place that is not
				  visible or accessible to adults or children in care. The entity shall ensure
				  that ammunition is stored separately from the firearms in a place inaccessible
				  to adults or children in care.
(c)
				  The entity shall inform each adult in care or that adult's representative,
				  parents of children in care, or social workers, care coordinators, or case
				  managers, as applicable, if firearms are present in the entity.
(d) repealed 7/1/2022.
Authority:
AS
						18.05.010
AS
						18.05.040
AS
						44.29.020
AS
						47.32.010
AS
						47.32.030
AS
						47.32.130
AS
						47.32.140
AS
						47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1085 - Smoking

Current through May 31, 2024
(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) repealed 7/1/2022.
(d) Smoking is prohibited in a child care
				  home and a child care group home while children are in care. The home must
				  ensure that, while children are in care,
(1)
				  cigarettes or other smoking products, and ashtrays, lighters, or other smoking
				  accessories are not visible or accessible to children; and
(2) the home does not smell of smoke from
				  cigarettes or other smoking products.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1090 - Animals

Current through May 31, 2024
(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
				  department upon request.
(b) The
				  entity shall inform each adult in care or that adult's representative, parents
				  of children in care, social workers, care coordinators, and case managers, as
				  applicable, if any animal is present in the entity.
(c) Psittacine birds may not be kept in a
				  child care center.
(d) A psittacine
				  bird may be kept in an assisted living home if the bird
(1) receives prophylactic antibiotics before
				  introduction into the assisted living home; and
(2) is isolated at least 45 days in a room
				  separate from a room occupied by any other birds in the home.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1093 - Pesticide use and notification

Current through May 31, 2024
(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 Department of Environmental Conservation under
				  18 AAC 90.
(b) Except as provided
				  in (e) and (f) of this section, at least 24 hours before the application of a
				  pesticide to any area of an entity used by or accessible to adults or children
				  in care, an entity that provides care for six or more adults or children shall
				  notify each adult or that adult's representative, each parent of a child in
				  care, social workers, care coordinators, and case managers, as applicable,
				  regarding the application. A notice under this subsection must include
(1) a description of the area where the
				  pesticide will be applied;
(2) the
				  date and approximate time of application; if the application will be outdoors,
				  the notification must include three dates in chronological order in case an
				  application is cancelled due to weather;
(3) the common or brand name of each
				  pesticide to be used;
(4) the
				  targeted pests to be controlled by the pesticide;
(5) a contact name and telephone number at
				  the entity; and
(6) a statement
				  that, upon request, the entity will provide
(A) a list of each active ingredient in the
				  pesticide;
(B) the EPA registration
				  number; and
(C) the telephone
				  contact number, if any, on the label of the pesticide for additional
				  information about each pesticide.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 4 - Environmental Health and Safety › 7 AAC 10.1095 - Toxic substances; poisonous plants

Current through May 31, 2024
(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 sanitizing solution or a bleach-water solution used to
				  sanitize toys, tables, counters, and other surfaces throughout the day, if that
				  bottle is appropriately labeled and is stored as provided in (B) of this
				  paragraph;
(B) inaccessible to
				  children or to adults with impaired judgment, and stored separately from
				  medication and food;
(C) used
(i) according to the manufacturer's
				  instructions;
(ii) for the intended
				  purpose;
(iii) in a manner that
				  will not contaminate a play surface, a food service area, or a food preparation
				  area; and
(iv) in a manner that is
				  not a hazard to adults or children in care;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9500 - Purpose and applicability

Current through May 31, 2024
(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 regulation applicable to an
				  entity referred to in
				  7 AAC 10.015.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9505 - General variance

Current through May 31, 2024
(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 requirement for which the variance is
				  sought; and
(3) the health, safety,
				  and welfare of recipients of services are protected.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9510 - Request for a general variance

Current through May 31, 2024
An entity seeking a general variance under
					 7 AAC 10.9500 -
					 7 AAC 10.9535 must submit to the department, on a form
					 supplied by the department, a request for a general variance as required by
					 this section. A request must contain the following:
(1) the requirement from which the variance
				  is sought;
(2) the reasons why the
				  entity is unable to comply with the requirement, a description of how the
				  entity is not in compliance, and the extent to which compliance with the
				  requirement will impose any substantial economic, technological, programmatic,
				  legal, or medical hardship on the entity or recipients of services;
(3) the period of time for which the variance
				  is requested;
(4) the proposed
				  alternative means of satisfying the purpose of the requirement for which the
				  variance is sought;
(5) a statement
				  as to how the health, safety, and welfare of recipients of services will be
				  protected during the period of the variance;
(6) the plan for achieving compliance before
				  the variance expires;
(7) assurance
				  that the conditions at the entity do not present an imminent danger to the
				  health, safety, or welfare of recipients of services;
(8) if the request for a variance involves
				  fire safety or another state or municipal requirement, evidence that the
				  request has been reviewed by the appropriate authority;
(9) for a licensed entity, the names of the
				  recipients of services who would be affected by the variance, and the names and
				  addresses of any representatives of those recipients of services; the
				  requirements of this paragraph do not apply to a child care facility subject to
				  7 AAC 57 unless this information is requested by the department;
(10) for an assisted living home, assurance
				  that the notice requirements of
				  7 AAC 10.9515 will be met;
(11) any additional information requested by
				  the department to determine the effect of a variance on the health, safety, and
				  welfare of recipients of services.
The request form referred to in
						7 AAC 10.9510 may be obtained from the Certification and
						Licensing section of the Division of Public Health, 619 East Ship Creek Avenue,
						Suite 232, Anchorage, Alaska 99501.
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
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9515 - Notice requirements for general variance requests for assisted living homes

Current through May 31, 2024
(a) If an assisted living home is requesting
				  a general variance for a state statutory or regulatory licensing requirement,
				  the home shall deliver to each affected resident or the resident's
				  representative, no later than five days after submitting a request for a
				  variance, a
(1) copy or summary of the
				  request; and
(2) notice that states
(A) that the resident or representative has
				  the right to submit comments to the department regarding the request;
				  and
(B) the date by which any
				  comments must be received by the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9520 - Evaluation of a request for a general variance

Current through May 31, 2024
The department will evaluate a request for a general
					 variance by
(1) investigating the
				  statements in the request form;
(2)
				  inspecting the entity, if appropriate; and
(3) taking one or both of the following
				  actions:
(A) conferring with the applicant or
				  licensee regarding the request;
(B)
				  discussing the request with the affected recipients of services or their
				  representatives, as appropriate, to determine whether they support granting the
				  variance.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9525 - Grant or denial of a general variance

Current through May 31, 2024
(a) The
				  department's decision to grant or deny a request for a general variance will be
				  issued in writing and will be delivered to the person who made the
				  request.
(b) Subject to (c) of this
				  section, the department may grant a general variance, for a period that does
				  not exceed one year, if the department determines that the entity
(1) is unable to comply with the requirement
				  from which the variance is sought;
(2) has an effective plan for achieving
				  compliance during the term of the variance; and
(3) is able to adequately provide for the
				  health, safety, and welfare of recipients of services during the term of the
				  variance.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9530 - Posting of a general variance

Current through May 31, 2024
(a) If the
				  department grants a request for a general variance, the entity shall post a
				  copy of the general variance decision in a conspicuous place, with the entity's
				  license as required by
				  AS
				  47.32.080, during the period the variance is
				  in effect, and shall make it available to any person who wishes to review it. A
				  general variance remains in effect for the duration stated, unless the
				  department revokes the variance under (b) of this section.
(b) The department will revoke a general
				  variance if the department finds that the entity is not following its plan for
				  achieving compliance, or is no longer able to adequately provide for the
				  health, safety, and welfare of recipients of services during the term of the
				  variance. If the department decides to revoke a variance, it will provide
				  written notice of revocation to the entity, setting out the reasons for the
				  department's decision. The department will advise the entity of its right to
				  request reconsideration under
				  7 AAC 10.9535. A notice of revocation issued under this
				  subsection is effective 30 days after it is received by the entity unless a
				  request for reconsideration is submitted. Nothing in this subsection precludes
				  the department from issuing a notice of immediate revocation if the department
				  finds that the life, health, safety, or welfare of recipients of services is
				  threatened.
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 47.32.080
AS 47.32.130
AS
						47.32.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 5 - General Variance Procedures › 7 AAC 10.9535 - Request for reconsideration of denial or revocation of a general variance

Current through May 31, 2024
(a) If
				  the department denies or revokes a variance subject to
				  7 AAC 10.9500 -
				  7 AAC 10.9535, the entity may submit a written request
				  to the department for reconsideration of that decision.
(b) A request under (a) of this section must
				  be submitted within 30 days after the entity receives the denial or notice of
				  revocation, and must include
(1) the
				  requestor's name, mailing address, telephone number, and, if available,
				  electronic mail address and facsimile number;
(2) a summary of the department's decision to
				  be reviewed; and
(3) a clear and
				  concise statement of the reason for the request, including
(A) a statement of the nature and scope of
				  the requestor's interests, and an explanation of how and to what extent those
				  interests would be directly and adversely affected by the decision;
(B) the contested terms and conditions of the
				  department's decision, and proposed alternatives; and
(C) copies of any documents or data that
				  would assist the department in its review.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 6 - Inspections and Investigations › 7 AAC 10.9600 - Inspections and investigations

Current through May 31, 2024
The department will conduct announced and unannounced
					 inspections and investigations of an entity or individual service provider that
					 is subject to
					 AS
					 47.05.300-47.05.390, AS 47.32, or this
					 chapter
(1) for purposes of
				  AS
				  47.05.300-47.05.390 and
				  AS
				  47.32.110;
(2) to determine compliance with
				  AS
				  47.05.300-47.05.390, AS 47.32, this chapter,
				  and any other applicable statute or regulation; and
(3) to determine whether an enforcement
				  action should be taken under
				  AS
				  47.05.300-47.05.390,
				  AS
				  47.32.130, or
				  47.32.140.
Authority:
AS
						18.05.010
AS 18.05.040
AS 44.29.020
AS 47.05.300
AS 47.05.310
AS 47.05.340
AS 47.14.120
AS 47.32.010
AS 47.32.030
AS 47.32.050
AS 47.32.060
AS 47.32.100
AS 47.32.110
AS 47.32.130
AS 47.32.140
AS 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 6 - Inspections and Investigations › 7 AAC 10.9610 - Plan of correction

Current through May 31, 2024
(a) The plan of correction required under
				  AS
				  47.32.140(b) must contain
				  the following information for each violation identified in the report issued
				  under AS
				  47.32.120(a):
(1) each action that will be taken to correct
				  the violation;
(2) each measure
				  that will be taken or change that will made to ensure the violation does not
				  recur;
(3) how the entity will
				  monitor each corrective action to ensure the violation is cured and will not
				  recur;
(4) the date on or before
				  which the violation will be cured.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 6 - Inspections and Investigations › 7 AAC 10.9615 - Allegation of compliance

Current through May 31, 2024
An allegation of compliance required under
					 AS
					 47.32.140(c) must describe
					 each action that was taken by the entity to correct each violation, and must
					 include the date the violation was corrected. The allegation must be signed by
					 the administrator or another person responsible for operation of the entity.
					 The department will review the allegation to determine whether it provides
					 enough detail to establish that each violation was corrected by any applicable
					 deadline. The department may also conduct a follow-up inspection to validate
					 the allegation of compliance.
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 47.32.050
AS 47.32.060
AS 47.32.100
AS 47.32.110
AS 47.32.140
AS 47.32.180
AS 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 6 - Inspections and Investigations › 7 AAC 10.9620 - Hearings

Current through May 31, 2024
An enforcement action taken by the department under AS
					 47.32 or this chapter, or another state statute or regulation applicable to an
					 entity subject to AS 47.32 and this chapter, is subject to the applicable
					 hearing requirements of
					 AS
					 47.32.150.
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 47.32.050
AS 47.32.130
AS 47.32.140
AS 47.32.150
AS 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 7 - General Provisions › 7 AAC 10.9990 - Definitions

Current through May 31, 2024
In this chapter, unless the context indicates
					 otherwise,
(1) "adequate" or
				  "adequately" means that which is necessary to accomplish the intended purpose
				  in keeping with good public health practices;
(2) "administrator" means a person who
				  controls, operates, manages, supervises, or conducts activities described in
				  this chapter, or the person performing the duties of the owner, operator,
				  manager, or supervisor;
(3) "adult"
				  means an individual 18 years of age or older;
(4) "adult with impaired judgment" means an
				  adult in care who has dementia or a cognitive impairment;
(5) "approved" means acceptable to the
				  department, based upon conformance with applicable federal, state, or municipal
				  standards and good public health practices;
(6) "assisted living home" has the meaning
				  given in
				  AS
				  47.32.900;
(7) "caregiver" means an individual
				  identified as a caregiver in
				  7 AAC 10.1002;
(8) "child" has the meaning given in
(A)7 AAC 50.990 if referring to a child for whom services
				  are provided under 7 AAC 50; or
(B)7 AAC 57.990(b) if referring to a child
				  for whom services are provided under 7 AAC 57;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 12 - Facilities and Local Units › Article 1 - Medical Facilities (Repealed) › 7 AAC 12.010 - Regulations for the licensing, maintenance and operation of hospitals (Repealed)

Current through May 31, 2024
The substance of this regulation was revised and
						reorganized as part of a comprehensive revision of this chapter, effective
						11/19/83, Register 88, and appears in
						7 AAC 12.100 -
						7 AAC 12.180 and
						7 AAC 12.600 -
						7 AAC 12.990. The history note at the end of each of
						those sections does not reflect the history of this
						section.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 12 - Facilities and Local Units › Article 1 - Medical Facilities (Repealed) › 7 AAC 12.040 - Licensing, operation, and maintenance of nursing homes (Repealed)

Current through May 31, 2024
The substance of this regulation was revised and
						reorganized as part of a comprehensive revision of this chapter, effective
						11/19/83, Register 88, and appears in
						7 AAC 12.250 -
						7 AAC 12.290 and
						7 AAC 12.600 -
						7 AAC 12.990. The history note at the end of each of
						those sections does not reflect the history of this
						section.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 12 - Facilities and Local Units › Article 1 - Medical Facilities (Repealed) › 7 AAC 12.045 - Alaska nursing home administrator licensing board; licensing requirements (Annulled)

Current through May 31, 2024
Annulled under
					 AS
					 44.62.320, passed 5/3/76.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 12 - Facilities and Local Units › Article 1A - Intermediate Care Facilities (Repealed)

Current through May 31, 2024
The substance of 7 AAC 12.061 - 7 AAC 12.068 was revised
					 and reorganized as part of a comprehensive revision of this chapter, effective
					 11/19/83, Register 88, and appears in
					 7 AAC 12.250 -
					 7 AAC 12.305, and
					 7 AAC 12.600 -
					 7 AAC 12.990. The history notes at the end of those
					 sections do not reflect the history of these
					 sections.