HF 1376

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; changing provisions for 
  1.3             licensing background studies; amending Minnesota 
  1.4             Statutes 2000, sections 13.46, subdivision 4; 214.104; 
  1.5             and 245A.04, subdivisions 3a and 3d. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 13.46, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
  1.10     (1) "licensing data" means all data collected, maintained, 
  1.11  used, or disseminated by the welfare system pertaining to 
  1.12  persons licensed or registered or who apply for licensure or 
  1.13  registration or who formerly were licensed or registered under 
  1.14  the authority of the commissioner of human services; 
  1.15     (2) "client" means a person who is receiving services from 
  1.16  a licensee or from an applicant for licensure; and 
  1.17     (3) "personal and personal financial data" means social 
  1.18  security numbers, identity of and letters of reference, 
  1.19  insurance information, reports from the bureau of criminal 
  1.20  apprehension, health examination reports, and social/home 
  1.21  studies. 
  1.22     (b)(1) Except as provided in paragraph (c), the following 
  1.23  data on current and former licensees are public:  name, address, 
  1.24  telephone number of licensees, licensed capacity, type of client 
  1.25  preferred, variances granted, type of dwelling, name and 
  2.1   relationship of other family members, previous license history, 
  2.2   class of license, and the existence and status of complaints.  
  2.3   When disciplinary action has been taken against a licensee or 
  2.4   the complaint is resolved, the following data are public:  the 
  2.5   substance of the complaint, the findings of the investigation of 
  2.6   the complaint, the record of informal resolution of a licensing 
  2.7   violation, orders of hearing, findings of fact, conclusions of 
  2.8   law, and specifications of the final disciplinary action 
  2.9   contained in the record of disciplinary action.  
  2.10     (2) The following data on persons subject to 
  2.11  disqualification under section 245A.04 in connection with a 
  2.12  license to provide family day care for children, child care 
  2.13  center services, foster care for children in the provider's 
  2.14  home, or foster care or day care services for adults in the 
  2.15  provider's home, are public:  the nature of any disqualification 
  2.16  set aside under section 245A.04, subdivision 3b, and the reasons 
  2.17  for setting aside the disqualification; and the reasons for 
  2.18  granting any variance under section 245A.04, subdivision 9. 
  2.19     (3) When maltreatment is substantiated under section 
  2.20  626.556 or 626.557 and the victim and the substantiated 
  2.21  perpetrator are affiliated with a program licensed under chapter 
  2.22  245A, the commissioner of human services, local social services 
  2.23  agency, or county welfare agency may inform the license holder 
  2.24  where the maltreatment occurred of the identity of the 
  2.25  substantiated perpetrator and the victim. 
  2.26     (c) The following are private data on individuals under 
  2.27  section 13.02, subdivision 12, or nonpublic data under section 
  2.28  13.02, subdivision 9:  personal and personal financial data on 
  2.29  family day care program and family foster care program 
  2.30  applicants and licensees and their family members who provide 
  2.31  services under the license. 
  2.32     (d) The following are private data on individuals:  the 
  2.33  identity of persons who have made reports concerning licensees 
  2.34  or applicants that appear in inactive investigative data, and 
  2.35  the records of clients or employees of the licensee or applicant 
  2.36  for licensure whose records are received by the licensing agency 
  3.1   for purposes of review or in anticipation of a contested 
  3.2   matter.  The names of reporters under sections 626.556 and 
  3.3   626.557 may be disclosed only as provided in section 626.556, 
  3.4   subdivision 11, or 626.557, subdivision 12b. 
  3.5      (e) Data classified as private, confidential, nonpublic, or 
  3.6   protected nonpublic under this subdivision become public data if 
  3.7   submitted to a court or administrative law judge as part of a 
  3.8   disciplinary proceeding in which there is a public hearing 
  3.9   concerning the disciplinary action. 
  3.10     (f) Data generated in the course of licensing 
  3.11  investigations that relate to an alleged violation of law are 
  3.12  investigative data under subdivision 3. 
  3.13     (g) Data that are not public data collected, maintained, 
  3.14  used, or disseminated under this subdivision that relate to or 
  3.15  are derived from a report as defined in section 626.556, 
  3.16  subdivision 2, are subject to the destruction provisions of 
  3.17  section 626.556, subdivision 11.  
  3.18     (h) Upon request, not public data collected, maintained, 
  3.19  used, or disseminated under this subdivision that relate to or 
  3.20  are derived from a report of substantiated maltreatment as 
  3.21  defined in section 626.556 or 626.557 may be exchanged with the 
  3.22  department of health for purposes of completing background 
  3.23  studies pursuant to section 144.057. 
  3.24     (i) Data on individuals collected according to licensing 
  3.25  activities under chapter 245A, and data on individuals collected 
  3.26  by the commissioner of human services according to maltreatment 
  3.27  investigations under sections 626.556 and 626.557, may be shared 
  3.28  with the department of human rights, the department of health, 
  3.29  the ombudsman for mental health and retardation, and the 
  3.30  individual's professional regulatory board when there is reason 
  3.31  to believe that laws or standards under the jurisdiction of 
  3.32  those agencies may have been violated. 
  3.33     Sec. 2.  Minnesota Statutes 2000, section 214.104, is 
  3.34  amended to read: 
  3.35     214.104 [HEALTH-RELATED LICENSING BOARDS; DETERMINATIONS 
  3.36  REGARDING DISQUALIFICATIONS FOR MALTREATMENT.] 
  4.1      (a) A health-related licensing board shall make 
  4.2   determinations as to whether licensees regulated persons who are 
  4.3   under the board's jurisdiction should be disqualified under 
  4.4   section 245A.04, subdivision 3d, from positions allowing direct 
  4.5   contact with persons receiving services the subject of 
  4.6   disciplinary or corrective action because of substantiated 
  4.7   maltreatment under section 626.556 or 626.557.  A determination 
  4.8   under this section may be done as part of an investigation under 
  4.9   section 214.103.  The board shall make a determination within 90 
  4.10  days of upon receipt of an investigation memorandum or other 
  4.11  notice of substantiated maltreatment under section 626.556 or 
  4.12  626.557, or of a notice from the commissioner of human services 
  4.13  that a background study of a licensee regulated person shows 
  4.14  substantiated maltreatment.  The board shall also make a 
  4.15  determination under this section upon consideration of the 
  4.16  licensure of an individual who was subject to disqualification 
  4.17  before licensure because of substantiated maltreatment. 
  4.18     (b) In making a determination under this section, the board 
  4.19  shall consider the nature and extent of any injury or harm 
  4.20  resulting from the conduct that would constitute grounds for 
  4.21  disqualification, the seriousness of the misconduct, the extent 
  4.22  that disqualification is necessary to protect persons receiving 
  4.23  services or the public, and other factors specified in section 
  4.24  245A.04, subdivision 3b, paragraph (b). 
  4.25     (c) The board shall determine the duration and extent of 
  4.26  the disqualification or may establish conditions under which the 
  4.27  licensee may hold a position allowing direct contact with 
  4.28  persons receiving services or in a licensed facility.  
  4.29     (b) Upon completion of its review of a report of 
  4.30  substantiated maltreatment, the board shall notify the 
  4.31  commissioner of human services and the lead agency that 
  4.32  conducted an investigation under section 626.556 or 626.557, as 
  4.33  applicable, of its determination.  The board shall notify the 
  4.34  commissioner of human services if, following a review of the 
  4.35  report of substantiated maltreatment, the board determines that 
  4.36  it does not have jurisdiction in the matter and the commissioner 
  5.1   shall make the appropriate disqualification decision regarding 
  5.2   the regulated person as otherwise provided in chapter 245A.  The 
  5.3   board shall also notify the commissioner of health or the 
  5.4   commissioner of human services immediately upon receipt of 
  5.5   knowledge of a facility or program allowing a regulated person 
  5.6   to provide direct contact services at the facility or program 
  5.7   while not complying with requirements placed on the regulated 
  5.8   person. 
  5.9      (c) In addition to any other remedy provided by law, the 
  5.10  board may, through its designated board member, temporarily 
  5.11  suspend the license of a licensee or deny a credential to an 
  5.12  applicant if the board finds there is probable cause to believe 
  5.13  the regulated person referred to the board according to 
  5.14  paragraph (a) poses an immediate risk of harm to vulnerable 
  5.15  persons.  The board shall consider all relevant information 
  5.16  available, which may include but is not limited to: 
  5.17     (1) the extent the action is needed to protect persons 
  5.18  receiving services or the public; 
  5.19     (2) the recency of the maltreatment; 
  5.20     (3) the number of incidents of maltreatment; 
  5.21     (4) the intrusiveness or violence of the maltreatment; and 
  5.22     (5) the vulnerability of the victim of maltreatment.  
  5.23  The suspension or denial of a credential shall take effect upon 
  5.24  written notice to the regulated person, served by first class 
  5.25  mail, specifying the statute violated.  The board shall notify 
  5.26  the commissioner of health or the commissioner of human services 
  5.27  of the suspension or denial of a credential.  The action shall 
  5.28  remain in effect until the board issues a temporary stay or a 
  5.29  final order in the matter after a hearing or upon agreement 
  5.30  between the board and the regulated person.  At the time it 
  5.31  issues the notice, the board shall schedule a disciplinary 
  5.32  hearing to be held under chapter 14.  The board shall provide 
  5.33  the regulated person with at least 30 days' notice of the 
  5.34  hearing and shall schedule the hearing to begin no later than 90 
  5.35  days after issuance of the notice of hearing. 
  5.36     Sec. 3.  Minnesota Statutes 2000, section 245A.04, 
  6.1   subdivision 3a, is amended to read: 
  6.2      Subd. 3a.  [NOTIFICATION TO SUBJECT AND LICENSE HOLDER OF 
  6.3   STUDY RESULTS; DETERMINATION OF RISK OF HARM.] (a) The 
  6.4   commissioner shall notify the applicant or license holder and 
  6.5   the individual who is the subject of the study, in writing or by 
  6.6   electronic transmission, of the results of the study.  When the 
  6.7   study is completed, a notice that the study was undertaken and 
  6.8   completed shall be maintained in the personnel files of the 
  6.9   program.  For studies on individuals pertaining to a license to 
  6.10  provide family day care or group family day care, foster care 
  6.11  for children in the provider's own home, or foster care or day 
  6.12  care services for adults in the provider's own home, the 
  6.13  commissioner is not required to provide a separate notice of the 
  6.14  background study results to the individual who is the subject of 
  6.15  the study unless the study results in a disqualification of the 
  6.16  individual. 
  6.17     The commissioner shall notify the individual studied if the 
  6.18  information in the study indicates the individual is 
  6.19  disqualified from direct contact with persons served by the 
  6.20  program.  The commissioner shall disclose the information 
  6.21  causing disqualification and instructions on how to request a 
  6.22  reconsideration of the disqualification to the individual 
  6.23  studied.  An applicant or license holder who is not the subject 
  6.24  of the study shall be informed that the commissioner has found 
  6.25  information that disqualifies the subject from direct contact 
  6.26  with persons served by the program.  However, only the 
  6.27  individual studied must be informed of the information contained 
  6.28  in the subject's background study unless the only basis for the 
  6.29  disqualification is failure to cooperate, substantiated 
  6.30  maltreatment under section 626.556 or 626.557, the Data 
  6.31  Practices Act provides for release of the information, or the 
  6.32  individual studied authorizes the release of the 
  6.33  information.  When the basis of a disqualification is the 
  6.34  subject's failure to cooperate with the background study or 
  6.35  substantiated maltreatment under section 626.556 or 626.557, the 
  6.36  agency that initiated the study shall be informed of the reason 
  7.1   for the disqualification. 
  7.2      (b) Except as provided in subdivision 3d, paragraph (b), if 
  7.3   the commissioner determines that the individual studied has a 
  7.4   disqualifying characteristic, the commissioner shall review the 
  7.5   information immediately available and make a determination as to 
  7.6   the subject's immediate risk of harm to persons served by the 
  7.7   program where the individual studied will have direct contact.  
  7.8   The commissioner shall consider all relevant information 
  7.9   available, including the following factors in determining the 
  7.10  immediate risk of harm:  the recency of the disqualifying 
  7.11  characteristic; the recency of discharge from probation for the 
  7.12  crimes; the number of disqualifying characteristics; the 
  7.13  intrusiveness or violence of the disqualifying characteristic; 
  7.14  the vulnerability of the victim involved in the disqualifying 
  7.15  characteristic; and the similarity of the victim to the persons 
  7.16  served by the program where the individual studied will have 
  7.17  direct contact.  The commissioner may determine that the 
  7.18  evaluation of the information immediately available gives the 
  7.19  commissioner reason to believe one of the following: 
  7.20     (1) The individual poses an imminent risk of harm to 
  7.21  persons served by the program where the individual studied will 
  7.22  have direct contact.  If the commissioner determines that an 
  7.23  individual studied poses an imminent risk of harm to persons 
  7.24  served by the program where the individual studied will have 
  7.25  direct contact, the individual and the license holder must be 
  7.26  sent a notice of disqualification.  The commissioner shall order 
  7.27  the license holder to immediately remove the individual studied 
  7.28  from direct contact.  The notice to the individual studied must 
  7.29  include an explanation of the basis of this determination. 
  7.30     (2) The individual poses a risk of harm requiring 
  7.31  continuous supervision while providing direct contact services 
  7.32  during the period in which the subject may request a 
  7.33  reconsideration.  If the commissioner determines that an 
  7.34  individual studied poses a risk of harm that requires continuous 
  7.35  supervision, the individual and the license holder must be sent 
  7.36  a notice of disqualification.  The commissioner shall order the 
  8.1   license holder to immediately remove the individual studied from 
  8.2   direct contact services or assure that the individual studied is 
  8.3   within sight or hearing of another staff person when providing 
  8.4   direct contact services during the period in which the 
  8.5   individual may request a reconsideration of the 
  8.6   disqualification.  If the individual studied does not submit a 
  8.7   timely request for reconsideration, or the individual submits a 
  8.8   timely request for reconsideration, but the disqualification is 
  8.9   not set aside for that license holder, the license holder will 
  8.10  be notified of the disqualification and ordered to immediately 
  8.11  remove the individual from any position allowing direct contact 
  8.12  with persons receiving services from the license holder. 
  8.13     (3) The individual does not pose an imminent risk of harm 
  8.14  or a risk of harm requiring continuous supervision while 
  8.15  providing direct contact services during the period in which the 
  8.16  subject may request a reconsideration.  If the commissioner 
  8.17  determines that an individual studied does not pose a risk of 
  8.18  harm that requires continuous supervision, only the individual 
  8.19  must be sent a notice of disqualification.  The license holder 
  8.20  must be sent a notice that more time is needed to complete the 
  8.21  individual's background study.  If the individual studied 
  8.22  submits a timely request for reconsideration, and if the 
  8.23  disqualification is set aside for that license holder, the 
  8.24  license holder will receive the same notification received by 
  8.25  license holders in cases where the individual studied has no 
  8.26  disqualifying characteristic.  If the individual studied does 
  8.27  not submit a timely request for reconsideration, or the 
  8.28  individual submits a timely request for reconsideration, but the 
  8.29  disqualification is not set aside for that license holder, the 
  8.30  license holder will be notified of the disqualification and 
  8.31  ordered to immediately remove the individual from any position 
  8.32  allowing direct contact with persons receiving services from the 
  8.33  license holder.  
  8.34     (c) County licensing agencies performing duties under this 
  8.35  subdivision may develop an alternative system for determining 
  8.36  the subject's immediate risk of harm to persons served by the 
  9.1   program, providing the notices under paragraph (b), and 
  9.2   documenting the action taken by the county licensing agency.  
  9.3   Each county licensing agency's implementation of the alternative 
  9.4   system is subject to approval by the commissioner.  
  9.5   Notwithstanding this alternative system, county licensing 
  9.6   agencies shall complete the requirements of paragraph (a). 
  9.7      Sec. 4.  Minnesota Statutes 2000, section 245A.04, 
  9.8   subdivision 3d, is amended to read: 
  9.9      Subd. 3d.  [DISQUALIFICATION.] (a) Except as provided in 
  9.10  paragraph (b), when a background study completed under 
  9.11  subdivision 3 shows any of the following:  a conviction of one 
  9.12  or more crimes listed in clauses (1) to (4); the individual has 
  9.13  admitted to or a preponderance of the evidence indicates the 
  9.14  individual has committed an act or acts that meet the definition 
  9.15  of any of the crimes listed in clauses (1) to (4); or an 
  9.16  administrative determination listed under clause (4), the 
  9.17  individual shall be disqualified from any position allowing 
  9.18  direct contact with persons receiving services from the license 
  9.19  holder: 
  9.20     (1) regardless of how much time has passed since the 
  9.21  discharge of the sentence imposed for the offense, and unless 
  9.22  otherwise specified, regardless of the level of the conviction, 
  9.23  the individual was convicted of any of the following offenses:  
  9.24  sections 609.185 (murder in the first degree); 609.19 (murder in 
  9.25  the second degree); 609.195 (murder in the third degree); 
  9.26  609.2661 (murder of an unborn child in the first degree); 
  9.27  609.2662 (murder of an unborn child in the second degree); 
  9.28  609.2663 (murder of an unborn child in the third degree); 
  9.29  609.322 (solicitation, inducement, and promotion of 
  9.30  prostitution); 609.342 (criminal sexual conduct in the first 
  9.31  degree); 609.343 (criminal sexual conduct in the second degree); 
  9.32  609.344 (criminal sexual conduct in the third degree); 609.345 
  9.33  (criminal sexual conduct in the fourth degree); 609.352 
  9.34  (solicitation of children to engage in sexual conduct); 609.365 
  9.35  (incest); felony offense under 609.377 (malicious punishment of 
  9.36  a child); a felony offense under 609.378 (neglect or 
 10.1   endangerment of a child); a felony offense under 609.324, 
 10.2   subdivision 1 (other prohibited acts); 617.246 (use of minors in 
 10.3   sexual performance prohibited); 617.247 (possession of pictorial 
 10.4   representations of minors); a felony offense under sections 
 10.5   609.2242 and 609.2243 (domestic assault), a felony offense of 
 10.6   spousal abuse, a felony offense of child abuse or neglect, a 
 10.7   felony offense of a crime against children; or attempt or 
 10.8   conspiracy to commit any of these offenses as defined in 
 10.9   Minnesota Statutes, or an offense in any other state or country, 
 10.10  where the elements are substantially similar to any of the 
 10.11  offenses listed in this clause; 
 10.12     (2) if less than 15 years have passed since the discharge 
 10.13  of the sentence imposed for the offense; and the individual has 
 10.14  received a felony conviction for a violation of any of these 
 10.15  offenses:  sections 609.20 (manslaughter in the first degree); 
 10.16  609.205 (manslaughter in the second degree); 609.21 (criminal 
 10.17  vehicular homicide and injury); 609.215 (suicide); 609.221 to 
 10.18  609.2231 (assault in the first, second, third, or fourth 
 10.19  degree); repeat offenses under 609.224 (assault in the fifth 
 10.20  degree); repeat offenses under 609.3451 (criminal sexual conduct 
 10.21  in the fifth degree); 609.713 (terroristic threats); 609.235 
 10.22  (use of drugs to injure or facilitate crime); 609.24 (simple 
 10.23  robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 
 10.24  609.255 (false imprisonment); 609.561 (arson in the first 
 10.25  degree); 609.562 (arson in the second degree); 609.563 (arson in 
 10.26  the third degree); repeat offenses under 617.23 (indecent 
 10.27  exposure; penalties); repeat offenses under 617.241 (obscene 
 10.28  materials and performances; distribution and exhibition 
 10.29  prohibited; penalty); 609.71 (riot); 609.66 (dangerous weapons); 
 10.30  609.67 (machine guns and short-barreled shotguns); 609.749 
 10.31  (harassment; stalking; penalties); 609.228 (great bodily harm 
 10.32  caused by distribution of drugs); 609.2325 (criminal abuse of a 
 10.33  vulnerable adult); 609.2664 (manslaughter of an unborn child in 
 10.34  the first degree); 609.2665 (manslaughter of an unborn child in 
 10.35  the second degree); 609.267 (assault of an unborn child in the 
 10.36  first degree); 609.2671 (assault of an unborn child in the 
 11.1   second degree); 609.268 (injury or death of an unborn child in 
 11.2   the commission of a crime); 609.52 (theft); 609.2335 (financial 
 11.3   exploitation of a vulnerable adult); 609.521 (possession of 
 11.4   shoplifting gear); 609.582 (burglary); 609.625 (aggravated 
 11.5   forgery); 609.63 (forgery); 609.631 (check forgery; offering a 
 11.6   forged check); 609.635 (obtaining signature by false pretense); 
 11.7   609.27 (coercion); 609.275 (attempt to coerce); 609.687 
 11.8   (adulteration); 260C.301 (grounds for termination of parental 
 11.9   rights); and chapter 152 (drugs; controlled substance).  An 
 11.10  attempt or conspiracy to commit any of these offenses, as each 
 11.11  of these offenses is defined in Minnesota Statutes; or an 
 11.12  offense in any other state or country, the elements of which are 
 11.13  substantially similar to the elements of the offenses in this 
 11.14  clause.  If the individual studied is convicted of one of the 
 11.15  felonies listed in this clause, but the sentence is a gross 
 11.16  misdemeanor or misdemeanor disposition, the lookback period for 
 11.17  the conviction is the period applicable to the disposition, that 
 11.18  is the period for gross misdemeanors or misdemeanors; 
 11.19     (3) if less than ten years have passed since the discharge 
 11.20  of the sentence imposed for the offense; and the individual has 
 11.21  received a gross misdemeanor conviction for a violation of any 
 11.22  of the following offenses:  sections 609.224 (assault in the 
 11.23  fifth degree); 609.2242 and 609.2243 (domestic assault); 
 11.24  violation of an order for protection under 518B.01, subdivision 
 11.25  14; 609.3451 (criminal sexual conduct in the fifth degree); 
 11.26  repeat offenses under 609.746 (interference with privacy); 
 11.27  repeat offenses under 617.23 (indecent exposure); 617.241 
 11.28  (obscene materials and performances); 617.243 (indecent 
 11.29  literature, distribution); 617.293 (harmful materials; 
 11.30  dissemination and display to minors prohibited); 609.71 (riot); 
 11.31  609.66 (dangerous weapons); 609.749 (harassment; stalking; 
 11.32  penalties); 609.224, subdivision 2, paragraph (c) (assault in 
 11.33  the fifth degree by a caregiver against a vulnerable adult); 
 11.34  609.23 (mistreatment of persons confined); 609.231 (mistreatment 
 11.35  of residents or patients); 609.2325 (criminal abuse of a 
 11.36  vulnerable adult); 609.233 (criminal neglect of a vulnerable 
 12.1   adult); 609.2335 (financial exploitation of a vulnerable adult); 
 12.2   609.234 (failure to report maltreatment of a vulnerable adult); 
 12.3   609.72, subdivision 3 (disorderly conduct against a vulnerable 
 12.4   adult); 609.265 (abduction); 609.378 (neglect or endangerment of 
 12.5   a child); 609.377 (malicious punishment of a child); 609.324, 
 12.6   subdivision 1a (other prohibited acts; minor engaged in 
 12.7   prostitution); 609.33 (disorderly house); 609.52 (theft); 
 12.8   609.582 (burglary); 609.631 (check forgery; offering a forged 
 12.9   check); 609.275 (attempt to coerce); or an attempt or conspiracy 
 12.10  to commit any of these offenses, as each of these offenses is 
 12.11  defined in Minnesota Statutes; or an offense in any other state 
 12.12  or country, the elements of which are substantially similar to 
 12.13  the elements of any of the offenses listed in this clause.  If 
 12.14  the defendant is convicted of one of the gross misdemeanors 
 12.15  listed in this clause, but the sentence is a misdemeanor 
 12.16  disposition, the lookback period for the conviction is the 
 12.17  period applicable to misdemeanors; or 
 12.18     (4) if less than seven years have passed since the 
 12.19  discharge of the sentence imposed for the offense; and the 
 12.20  individual has received a misdemeanor conviction for a violation 
 12.21  of any of the following offenses:  sections 609.224 (assault in 
 12.22  the fifth degree); 609.2242 (domestic assault); violation of an 
 12.23  order for protection under 518B.01 (Domestic Abuse Act); 
 12.24  violation of an order for protection under 609.3232 (protective 
 12.25  order authorized; procedures; penalties); 609.746 (interference 
 12.26  with privacy); 609.79 (obscene or harassing phone calls); 
 12.27  609.795 (letter, telegram, or package; opening; harassment); 
 12.28  617.23 (indecent exposure; penalties); 609.2672 (assault of an 
 12.29  unborn child in the third degree); 617.293 (harmful materials; 
 12.30  dissemination and display to minors prohibited); 609.66 
 12.31  (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
 12.32  exploitation of a vulnerable adult); 609.234 (failure to report 
 12.33  maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
 12.34  (coercion); or an attempt or conspiracy to commit any of these 
 12.35  offenses, as each of these offenses is defined in Minnesota 
 12.36  Statutes; or an offense in any other state or country, the 
 13.1   elements of which are substantially similar to the elements of 
 13.2   any of the offenses listed in this clause; failure to make 
 13.3   required reports under section 626.556, subdivision 3, or 
 13.4   626.557, subdivision 3, for incidents in which:  (i) the final 
 13.5   disposition under section 626.556 or 626.557 was substantiated 
 13.6   maltreatment, and (ii) the maltreatment was recurring or 
 13.7   serious; or substantiated serious or recurring maltreatment of a 
 13.8   minor under section 626.556 or of a vulnerable adult under 
 13.9   section 626.557 for which there is a preponderance of evidence 
 13.10  that the maltreatment occurred, and that the subject was 
 13.11  responsible for the maltreatment. 
 13.12     For the purposes of this section, "serious maltreatment" 
 13.13  means sexual abuse; maltreatment resulting in death; or 
 13.14  maltreatment resulting in serious injury which reasonably 
 13.15  requires the care of a physician whether or not the care of a 
 13.16  physician was sought; or abuse resulting in serious injury.  For 
 13.17  purposes of this section, "abuse resulting in serious injury" 
 13.18  means:  bruises, bites, skin laceration or tissue damage; 
 13.19  fractures; dislocations; evidence of internal injuries; head 
 13.20  injuries with loss of consciousness; extensive second-degree or 
 13.21  third-degree burns and other burns for which complications are 
 13.22  present; extensive second-degree or third-degree frostbite, and 
 13.23  others for which complications are present; irreversible 
 13.24  mobility or avulsion of teeth; injuries to the eyeball; 
 13.25  ingestion of foreign substances and objects that are harmful; 
 13.26  near drowning; and heat exhaustion or sunstroke.  For purposes 
 13.27  of this section, "care of a physician" is treatment received or 
 13.28  ordered by a physician, but does not include diagnostic testing, 
 13.29  assessment, or observation.  For the purposes of this section, 
 13.30  "recurring maltreatment" means more than one incident of 
 13.31  maltreatment for which there is a preponderance of evidence that 
 13.32  the maltreatment occurred, and that the subject was responsible 
 13.33  for the maltreatment. 
 13.34     (b) If Except for background studies related to child 
 13.35  foster care, adult foster care, or family child care licensure, 
 13.36  when the subject of a background study is licensed regulated by 
 14.1   a health-related licensing board as defined in chapter 214, and 
 14.2   the regulated person has been determined to have been 
 14.3   responsible for substantiated maltreatment under section 626.556 
 14.4   or 626.557, instead of the commissioner making a decision 
 14.5   regarding disqualification, the board shall make the a 
 14.6   determination regarding a disqualification under this 
 14.7   subdivision based on a finding of substantiated maltreatment 
 14.8   under section 626.556 or 626.557.  The commissioner shall notify 
 14.9   the health-related licensing board if a background study shows 
 14.10  that a licensee would be disqualified because of substantiated 
 14.11  maltreatment and the board shall make a determination under 
 14.12  section 214.104. whether to impose disciplinary or corrective 
 14.13  action under chapter 214. 
 14.14     (1) The commissioner shall notify the health-related 
 14.15  licensing board: 
 14.16     (i) upon completion of a background study that produces a 
 14.17  record showing that the individual was determined to have been 
 14.18  responsible for substantiated maltreatment; 
 14.19     (ii) upon the commissioner's completion of an investigation 
 14.20  that determined the individual was responsible for substantiated 
 14.21  maltreatment; or 
 14.22     (iii) upon receipt from another agency of a finding of 
 14.23  substantiated maltreatment for which the individual was 
 14.24  responsible. 
 14.25     (2) The commissioner's notice shall indicate whether the 
 14.26  individual would have been disqualified by the commissioner for 
 14.27  the substantiated maltreatment if the individual were not 
 14.28  regulated by the board. 
 14.29     (3) Notwithstanding the exclusion from this subdivision for 
 14.30  individuals who provide child foster care, adult foster care, or 
 14.31  family child care, when the commissioner or a local agency has 
 14.32  reason to believe that the direct contact services provided by 
 14.33  the individual may fall within the jurisdiction of a 
 14.34  health-related licensing board, a referral shall be made to the 
 14.35  board as provided in this section. 
 14.36     (4) If, upon review of the information provided by the 
 15.1   commissioner, a health-related licensing board informs the 
 15.2   commissioner that the board does not have jurisdiction to take 
 15.3   disciplinary or corrective action, the commissioner shall make 
 15.4   the appropriate disqualification decision regarding the 
 15.5   individual as otherwise provided in this chapter. 
 15.6      (5) The commissioner has the authority to monitor the 
 15.7   facility's compliance with any requirements that the 
 15.8   health-related licensing board places on regulated persons 
 15.9   practicing in a facility either during the period pending a 
 15.10  final decision on a disciplinary or corrective action or as a 
 15.11  result of a disciplinary or corrective action.  The commissioner 
 15.12  has the authority to order the immediate removal of a regulated 
 15.13  person from direct contact or access when a board issues an 
 15.14  order of temporary suspension based on a determination that the 
 15.15  regulated person poses an immediate risk of harm to persons 
 15.16  receiving services in a licensed facility. 
 15.17     (6) A facility that allows a regulated person to provide 
 15.18  direct contact services while not complying with the 
 15.19  requirements imposed by the health-related licensing board is 
 15.20  subject to action by the commissioner as specified under 
 15.21  sections 245A.06 and 245A.07. 
 15.22     (7) The commissioner shall notify a health-related 
 15.23  licensing board immediately upon receipt of knowledge of 
 15.24  noncompliance with requirements placed on a facility or upon a 
 15.25  person regulated by the board.