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Sec. 47.33.020. Health-related services allowed in assisted living homes.

Go back to: Alaska statutes
Go back to: Title 47. Welfare, Social Services, and Institutions.
Go back to: Chapter 33. Assisted Living Homes.

Sec. 47.33.020. Health-related services allowed in assisted living homes.
 (a) This chapter does not prohibit the resident of an assisted living home from self-administering the resident’s own medications, unless the resident’s assisted living plan specifically provides otherwise.

 (b) An assisted living home may provide, obtain, or offer to provide or obtain the health-related services described in (c) — (i) of this section. A service under (c) — (i) of this section may only be provided or obtained in addition to, and as a supplemental service to, the long-term provision by the home to the resident of assistance with the activities of daily living or personal assistance.

 (c) If self-administration of medications is included in a resident’s assisted living plan, the assisted living home may supervise the resident’s self-administration of medications, notwithstanding a limitation imposed by AS 08 or by a regulation adopted under AS 08. The supervision may be performed by any home staff person and may include
     (1) reminding a resident to take medication;

     (2) opening a medication container or prepackaged medication for a resident;

     (3) reading a medication label to a resident;

     (4) observing a resident while the resident takes medication;

     (5) checking a resident’s self-administered dosage against the label of the medication container;

     (6) reassuring a resident that the resident is taking the dosage as prescribed; and

     (7) directing or guiding, at the request of the resident, the hand of a resident who is administering the resident’s own medications.

 (d) An assisted living home may provide intermittent nursing services to a resident who does not require 24-hour nursing services and supervision. Intermittent nursing services may be provided only by a nurse licensed under AS 08.68 or by a person to whom a nursing task has been delegated under (e) of this section.

 (e) A person who is on the staff of an assisted living home and who is not a nurse licensed under AS 08.68 may perform a nursing task in that home if
     (1) the authority to perform that nursing task is delegated to that person by a nurse licensed under AS 08.68; and

     (2) that nursing task is specified in regulations adopted by the Board of Nursing as a task that may be delegated.

 (f) A resident who needs skilled nursing care may, with the consent of the assisted living home, arrange for that care to be provided in the home by a nurse licensed under AS 08.68 if that arrangement does not interfere with the services provided to other residents.

 (g) As part of a plan to avoid transfer of a resident from the home for medical reasons, the home may provide, through the services of a nurse who is licensed under AS 08.68, 24-hour skilled nursing care to the resident for not more than 45 consecutive days.

 (h) If a resident has received 24-hour skilled nursing care for the 45-day limit set by (g) of this section, the resident or the resident’s representative may elect to have the resident remain in the home without continuation of 24-hour skilled nursing care if the home agrees to retain the resident after
     (1) the home and either the resident or the resident’s representative have consulted with the resident’s physician;

     (2) the home and either the resident or the resident’s representative have discussed the consequences and risks involved in the election to remain in the home; and

     (3) the portion of the resident’s assisted living plan that relates to health-related services has been revised to provide for the resident’s health-related needs without the use of 24-hour skilled nursing care, and the revised plan has been reviewed by a registered or advanced practice registered nurse licensed under AS 08.68 or by the resident’s attending physician.

 (i) A terminally ill resident may remain in the home if (1) the home and either the resident or the resident’s representative agree that the resident may remain in the home; and (2) the resident is under the care of a physician who certifies that the needs of the resident are being met in the home. The time limitation of (g) of this section does not apply in the case of a terminally ill resident.

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