Sec. 47.05.330. Identification of civil history databases for a civil history check; confidentiality.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Department of Health and the Department of Family and Community Services shall by regulation identify each database that department will review when conducting a civil history check under AS 47.05.325 to identify each individual

(1)whom a court or the applicable department has found

(A)to have committed abuse, neglect, undue influence, or exploitation of a vulnerable adult;

(B)under AS 47.32 or regulations adopted under AS 47.32 , to have significantly adversely affected the health, safety, or welfare of an individual who is receiving a service from an entity licensed under AS 47.32 ; a finding described in this subparagraph includes a decision to revoke, suspend, or deny a license or license renewal, or the relinquishment of a license as part of a settlement agreement;

(2)who has been subject to criminal or civil penalties for a violation of AS 09.58 , AS 47.05 , AS 47.06 , AS 47.07 , AS 47.08 , or regulations adopted under AS 09.58 , AS 47.05 , AS 47.06 , AS 47.07 , or AS 47.08 ;

(3)about whom the applicable department or a court has made a substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14 ;

(4)who was a biological or adoptive parent, guardian, custodian, or Indian custodian of a child at the time the child was the subject of a child-in-need-of-aid petition under AS 47.10 ;

(5)who, in the course of employment with the state, has been terminated from employment or has had an allegation of assaultive, abusive, neglectful, or exploitive behavior or actions substantiated;

(6)who, in this state or another jurisdiction, for reasons related to abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent with standards for the protection of public health, safety, or welfare, has had a professional license, certification, or similar professional designation revoked, suspended, or denied, or has had a request for renewal of a professional license, certification, or similar professional designation denied;

(7)whom another state or jurisdiction has identified on a civil registry or database substantially similar to the databases identified under this section for reasons substantially similar to the reasons identified in

(1)—

(6)of this subsection.

(b)The information gathered under this section is not a public record under AS 40.25.110 and is not subject to public inspection or copying under AS 40.25.110 — 40.25.125. However, information gathered under this section may be released to an entity, an individual who is included in a database, a governmental agency, and a political subdivision of the state in a manner provided under this section and regulations adopted under this chapter.