HF 1002

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/04/2013 04:42pm

A bill for an act
relating to health occupations; establishing a criminal background check
process for individuals licensed by the health-related licensing boards and the
commissioner of health; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 214.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
BACKGROUND CHECKS.
new text end

new text begin Subdivision 1. new text end

new text begin Applications. new text end

new text begin (a) By January 1, 2018, each health-related licensing
board, as defined in section 214.01, subdivision 2, shall require applicants for initial
licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse
in licensure, as defined by the individual health-related licensing boards to submit to
a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI).
new text end

new text begin (b) An applicant must complete a criminal background check if more than one year
has elapsed since the applicant last submitted a background check to the board.
new text end

new text begin Subd. 2. new text end

new text begin Investigations. new text end

new text begin If a health-related licensing board has reasonable cause
to believe a licensee has been charged with or convicted of a crime in this or any other
jurisdiction, the health-related licensing board may require the licensee to submit to a
criminal history records check of state data completed by the BCA and a national criminal
history records check, including a search of the records of the FBI.
new text end

new text begin Subd. 3. new text end

new text begin Consent form; fees; fingerprints. new text end

new text begin In order to effectuate the federal
and state level, fingerprint-based criminal background check, the applicant or licensee
must submit a completed criminal history records check consent form and a full set of
fingerprints to the respective health-related licensing board or a designee in the manner
and form specified by the board. The applicant or licensee is responsible for all fees
associated with preparation of the fingerprints, the criminal records check consent form,
and the criminal background check. The fees for the criminal records background check
shall be set by the BCA and the FBI and are not refundable.
new text end

new text begin Subd. 4. new text end

new text begin Refusal to consent. new text end

new text begin (a) The health-related licensing boards shall not issue
a license to any applicant who refuses to consent to a criminal background check or fails
to submit fingerprints within 90 days after submission of an application for licensure. Any
fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
to the criminal background check or fails to submit the required fingerprints.
new text end

new text begin (b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health licensing board.
new text end

new text begin Subd. 5. new text end

new text begin Submission of fingerprints to BCA. new text end

new text begin The health-related licensing board
or designee shall submit applicant or licensee fingerprints to the BCA. The BCA shall
perform a check for state criminal justice information and shall forward the applicant's
or licensee's fingerprints to the FBI to perform a check for national criminal justice
information regarding the applicant or licensee. The BCA shall report to the board the
results of the state and national criminal justice information checks.
new text end

new text begin Subd. 6. new text end

new text begin Alternatives to fingerprint-based criminal background checks. new text end

new text begin The
health-related licensing board may require an alternative method of criminal history
checks for an applicant or licensee who has submitted at least three sets of fingerprints in
accordance with this section that have been unreadable by the BCA or FBI.
new text end

new text begin Subd. 7. new text end

new text begin Opportunity to challenge accuracy of report. new text end

new text begin Prior to taking disciplinary
action against an applicant or a licensee based on a criminal conviction, the health-related
licensing board shall provide the applicant or licensee an opportunity to complete or
challenge the accuracy of the criminal history information reported to the board. The
applicant or licensee shall have 30 calendar days following notice from the board of the
intent to deny licensure or take disciplinary action to request an opportunity to correct or
complete the record prior to the board taking disciplinary action based on the information
reported to the board. The board shall provide the applicant up to 180 days to challenge
the accuracy or completeness of the report with the agency responsible for the record. This
subdivision does not affect the right of the subject of the data to contest the accuracy or
completeness under section 13.04, subdivision 4.
new text end

new text begin Subd. 8. new text end

new text begin Instructions to the board; plans. new text end

new text begin The health-related licensing boards, in
collaboration with the commissioner of human services and the BCA, shall establish a
plan for completing criminal background checks of all licensees who were licensed before
the effective date requirement under subdivision 1. The plan must seek to minimize
duplication of requirements for background checks of licensed health professionals. The
plan for background checks of current licensees shall be developed no later than January
1, 2017, and may be contingent upon the implementation of a system by the BCA or FBI
in which any new crimes that an applicant or licensee commits after an initial background
check are flagged in the BCA's or FBI's database and reported back to the board. The plan
shall include recommendations for any necessary statutory changes.
new text end

Sec. 2. new text begin INCLUSION OF OTHER HEALTH-RELATED OCCUPATIONS TO
CRIMINAL BACKGROUND CHECKS.
new text end

new text begin (a) If the Department of Health is not reviewed by the Sunset Advisory Commission
according to the schedule in Minnesota Statutes, section 3D.21, the commissioner
of health, as the regulator for occupational therapy practitioners, speech-language
pathologists, audiologists, and hearing instrument dispensers, shall require applicants
for licensure or renewal to submit to a criminal history records check as required under
Minnesota Statutes, section 214.075, for other health-related licensed occupations
regulated by the health-related licensing boards.
new text end

new text begin (b) Any statutory changes necessary to include the commissioner of health to
Minnesota Statutes, section 214.075, shall be included in the plan required in Minnesota
Statutes, section 214.075, subdivision 8.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2014 from the state government special revenue
fund to the Administrative Services Unit for the implementation of a criminal background
check program.
new text end