Title 7 . Health and Social Services

Chapter 43 . Hearings

Section 770. Employment of personal care assistants; qualifications

7 AAC 43.770. Employment of personal care assistants; qualifications

(a) To be enrolled as a personal care assistant and work for a personal care agency in either the consumer-directed program or the agency-based program, a personal care assistant

(1) must be at least 18 years of age;

(2) must meet all requirements for the position as set out in 7 AAC 43.750 - 7 AAC 43.795;

(3) must be individually enrolled with the department;

(4) may not be disqualified for the position due to a criminal conviction or a pending charge for a criminal offense set out in (e) of this section;

(5) may not have been denied a health care provider license or certification for a reason related to patient services described in this chapter, or ever had a license or certification revoked;

(6) must be able independently to assist the recipient with the specific ADL under 7 AAC 43.752 and services provided to a recipient.

(b) To be a personal care assistant working in the agency-based program, an individual must

(1) submit three letters of reference from individuals who

(A) are not employed by the same personal care agency;

(B) are not under the individual's supervision;

(C) have known the personal care assistant for at least three years; and

(D) attest to the personal care assistant's good character and ability to meet the performance requirements of a personal care assistant; and

(2) submit evidence of having met the education and training requirements of 7 AAC 43.771.

(c) A personal care assistant must provide the employing agency all documentation, fingerprint cards, and fees necessary for requesting the personal care assistant's criminal history record information under AS 12.62.160 . The agency shall submit a request for criminal history record information on a personal care assistant to the Department of Public Safety no later than 10 working days after the personal care assistant is hired. The agency shall contact the department within five days after the agency receives the Department of Public Safety's determination. The agency may employ a person as a personal care assistant on a conditional basis pending completion of review of the criminal history record information requested. The department will not pay for services provided by a personal care assistant for whom criminal history record information was not timely requested.

(d) An individual may not be employed as a personal care assistant by a personal care agency if criminal history record information shows that the individual has a conviction or a pending charge in any jurisdiction for one of the criminal offenses listed in (e) of this section. An individual may appeal denial of employment by an agency to the department if the individual was denied employment with an agency on the basis of criminal history record information and is challenging the accuracy of the criminal history information.

(e) For the purposes of (a) and (d) of this section, the following are disqualifying criminal offenses, some of which disqualify a person for a limited period of time, as specified:

(1) an unclassified felony under AS 11, including murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, and kidnapping;

(2) a class A felony under AS 11 or AS 28, including manslaughter, assault in the first degree, misconduct involving weapons in the first degree, misconduct involving a controlled substance in the second degree, arson in the first degree, and robbery in the first degree;

(3) two or more class B felony offenses under AS 11 or AS 28;

(4) sexual abuse of a minor in the second degree, a class B felony under AS 11.41.436 ;

(5) sexual abuse of a minor in the third degree, a class C felony under AS 11.41.438 ;

(6) class A, B, and C felony assault under AS 11.41.200 - AS 11.41.220 ;

(7) endangering the welfare of a child in the first or second degree, as defined in AS 11.51.100 and 11.51.110, respectively;

(8) endangering the welfare of a vulnerable adult in the first degree, a class C felony under AS 11.51.200 ;

(9) endangering the welfare of a vulnerable adult in the second degree, a class A misdemeanor under AS 11.51.210 ;

(10) stalking in the first degree, a class C felony under AS 11.41.260 ;

(11) failure to register as a sex offender, a class A misdemeanor under AS 11.56.840 ;

(12) possession of child pornography, a class C felony under AS 11.61.127 ;

(13) misconduct involving a corpse, a class A misdemeanor under AS 11.61.130 ;

(14) a single class B felony under AS 11 or AS 28 not listed in (1) - (13) of this subsection, for a period of 10 years after the person was convicted of the crime;

(15) a class C felony under AS 11 or AS 28 not listed in (1) - (13) of this subsection, for a period of five years after the person was convicted of the crime, or until that person is no longer subject to probation or parole restrictions, whichever is longer;

(16) any crime that is not listed in (1) - (15) of this subsection, for a period of five years after the person was convicted of the crime, or until that person is no longer subject to probation or parole restrictions, whichever is longer, unless the person convicted of or charged with the crime

(A) reveals the conviction or charge at the time of employment; and

(B) provides evidence satisfactory to the agency that the person does not pose a risk to recipients and will not adversely affect the safety or effective provision of services;

(17) unlawful exploitation of a minor under AS 11.41.455 .

(f) This section does not require an agency to terminate employment of a personal care assistant convicted of an offense listed in (e) of this section if that person was an employee of the agency as a personal care assistant on June 19, 2004, unless the person did not respond truthfully to a question, asked before that date, about a felony conviction for an offense that would have been a disqualifying offense before that date.

(g) On or after February 1, 2007, a personal care assistant employed by a consumer-directed agency must provide proof to the employing agency of having and maintaining a valid certificate in

(1) first aid issued by the American Red Cross, American Heart Association, or other agency approved by the department; and

(2) cardiopulmonary resuscitation (CPR) issued by the American Red Cross, American Heart Association, or other agency approved by the department.

(h) The department may waive, for up to six months, the first aid or CPR requirements of 7 AAC 43.771(a) and, on or after February 1, 2007, the first aid or CPR requirements of (g) of this section, if a personal care assistant is unable to attend the first aid or CPR courses, or obtain the first aid or CPR certificates due to reasonable cause or excusable neglect. The personal care assistant must request a waiver in writing, to the department, and must include a statement explaining the reasonable cause or excusable neglect. If the department grants a waiver, the department may prescribe an alternative method of compliance with the requirements.

(i) In this section, "reasonable cause or excusable neglect" includes

(1) medical emergency;

(2) weather; and

(3) unavailability of classes in the community.

History: Eff. 11/6/86, Register 100; am 6/27/92, Register 122; readopt 8/7/96, Register 139; am 10/21/98, Register 148; am 10/1/2001, Register 159; am 1/1/2002, Register 160; am 6/19/2004, Register 170; am 4/1/2006, Register 177

Authority: AS 47.05.010

AS 47.05.017

AS 47.05.310

AS 47.07.030

Editor's note: Effective 8/7/96, Register 139, the Department of Health and Social Services readopted 7 AAC 43.770 in its entirety, without change, under AS 47.05 and AS 47.07. Executive Order No. 72 transferred certain rate-setting authority to the department.