HF 4393

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 04:23pm

A bill for an act
relating to human services; the Department of Human Services Office of Inspector
General policy bill; modifying provisions relating to human services licensing,
background studies, provider notifications, substance use disorder medications,
and electronic signatures; amending Minnesota Statutes 2022, sections 245A.04,
by adding a subdivision; 245A.043, subdivisions 2, 4, by adding subdivisions;
245A.07, subdivision 6; 245A.52, subdivision 2, by adding a subdivision; 245C.03,
by adding a subdivision; 245C.05, subdivision 5; 245C.08, subdivision 4; 245C.10,
subdivision 18; 245C.14, subdivision 1, by adding a subdivision; 245C.15,
subdivisions 3, 4; 245C.22, subdivision 4; 245C.24, subdivisions 2, 5, 6; 245C.30,
by adding a subdivision; 245F.09, subdivision 2; 245F.14, by adding a subdivision;
245F.17; 245G.07, subdivision 4; 245G.08, subdivisions 5, 6; 245G.10, by adding
a subdivision; 245G.22, subdivisions 6, 7; 260E.33, subdivision 2; Minnesota
Statutes 2023 Supplement, sections 13.46, subdivision 4; 245A.03, subdivision 2;
245A.043, subdivision 3; 245A.07, subdivision 1; 245A.11, subdivision 7; 245A.16,
subdivision 1; 245A.211, subdivision 4; 245A.242, subdivision 2; 245C.02,
subdivision 13e; 245C.033, subdivision 3; 245C.08, subdivision 1; 245C.10,
subdivision 15; 245C.15, subdivisions 2, 4a; 245G.22, subdivisions 2, 17; 256.046,
subdivision 3; 256B.064, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 245C; repealing Minnesota Statutes 2022, section 245C.125;
Minnesota Statutes 2023 Supplement, section 245C.08, subdivision 2; Minnesota
Rules, part 9502.0425, subparts 5, 10.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 13.46, subdivision 4, is amended
to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and

(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1)(i) Except as provided in paragraph (c), the following data on applicants,
new text begin certification holders, new text end license holders, and former licensees are public: name, address,
telephone number of licensees, new text begin email addresses except for family child foster care, new text end date of
receipt of a completed application, dates of licensure, licensed capacity, type of client
preferred, variances granted, record of training and education in child care and child
development, type of dwelling, name and relationship of other family members, previous
license history, class of license, the existence and status of complaints, and the number of
serious injuries to or deaths of individuals in the licensed program as reported to the
commissioner of human services, the local social services agency, or any other county
welfare agency. For purposes of this clause, a serious injury is one that is treated by a
physician.

(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.

(iii) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
responsible for maltreatment under section 626.557 or chapter 260E, the identity of the
applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.

(iv) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
disqualified under chapter 245C, the identity of the license holder, applicant, or controlling
individual as the disqualified individual is public data at the time of the issuance of the
licensing sanction or denial. If the applicant, license holder, or controlling individual requests
reconsideration of the disqualification and the disqualification is affirmed, the reason for
the disqualification and the reason to not set aside the disqualification are private data.

(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.

(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.

(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.

(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
victim and the substantiated perpetrator are affiliated with a program licensed under chapter
245A, the commissioner of human services, local social services agency, or county welfare
agency may inform the license holder where the maltreatment occurred of the identity of
the substantiated perpetrator and the victim.

(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment
under section 626.557 and chapter 260E, are confidential data and may be disclosed only
as provided in section 260E.21, subdivision 4; 260E.35; or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section 260E.03, or
626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
subdivision 6, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.557 or chapter 260E may be exchanged with the Department of
Health for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant to
section 241.021.

(i) Data on individuals collected according to licensing activities under chapters 245A
and 245C, data on individuals collected by the commissioner of human services according
to investigations under section 626.557 and chapters 245A, 245B, 245C, 245D, and 260E
may be shared with the Department of Human Rights, the Department of Health, the
Department of Corrections, the ombudsman for mental health and developmental disabilities,
and the individual's professional regulatory board when there is reason to believe that laws
or standards under the jurisdiction of those agencies may have been violated or the
information may otherwise be relevant to the board's regulatory jurisdiction. Background
study data on an individual who is the subject of a background study under chapter 245C
for a licensed service for which the commissioner of human services is the license holder
may be shared with the commissioner and the commissioner's delegate by the licensing
division. Unless otherwise specified in this chapter, the identity of a reporter of alleged
maltreatment or licensing violations may not be disclosed.

(j) In addition to the notice of determinations required under sections 260E.24,
subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
commissioner or the local social services agency has determined that an individual is a
substantiated perpetrator of maltreatment of a child based on sexual abuse, as defined in
section 260E.03, and the commissioner or local social services agency knows that the
individual is a person responsible for a child's care in another facility, the commissioner or
local social services agency shall notify the head of that facility of this determination. The
notification must include an explanation of the individual's available appeal rights and the
status of any appeal. If a notice is given under this paragraph, the government entity making
the notification shall provide a copy of the notice to the individual who is the subject of the
notice.

(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 2, is amended
to read:

Subd. 2.

Exclusion from licensure.

(a) This chapter does not apply to:

(1) residential or nonresidential programs that are provided to a person by an individual
who is related unless the residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency, except as provided in
subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;

(3) residential or nonresidential programs that are provided to adults who do not misuse
substances or have a substance use disorder, a mental illness, a developmental disability, a
functional impairment, or a physical disability;

(4) sheltered workshops or work activity programs that are certified by the commissioner
of employment and economic development;

(5) programs operated by a public school for children 33 months or older;

(6) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as specified
under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that do not provide
children's residential services under Minnesota Rules, chapter 2960, mental health or
substance use disorder treatment;

(9) homes providing programs for persons placed by a county or a licensed agency for
legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are operated or approved by a park
and recreation board whose primary purpose is to provide social and recreational activities;

(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA
as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in
section 315.51, whose primary purpose is to provide child care or services to school-age
children;

(13) Head Start nonresidential programs which operate for less than 45 days in each
calendar year;

(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art
programs, and nonresidential programs for children provided for a cumulative total of less
than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the
congregate care of children by a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;

(19) mental health outpatient services for adults with mental illness or children with
emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural or
educational exchange, until the commissioner adopts appropriate rules;

(21) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;

(22) the placement of a child by a birth parent or legal guardian in a preadoptive home
for purposes of adoption as authorized by section 259.47;

(23) deleted text begin settings registered under chapter deleted text end deleted text begin 144D deleted text end deleted text begin which provide home care services licensed
by the commissioner of health to fewer than seven adults deleted text end new text begin assisted living facilities licensed
by the commissioner of health under chapter 144G new text end ;

(24) substance use disorder treatment activities of licensed professionals in private
practice as defined in section 245G.01, subdivision 17;

(25) consumer-directed community support service funded under the Medicaid waiver
for persons with developmental disabilities when the individual who provided the service
is:

(i) the same individual who is the direct payee of these specific waiver funds or paid by
a fiscal agent, fiscal intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service;

(26) a program serving only children who are age 33 months or older, that is operated
by a nonpublic school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:

(i) an accrediting agency that is formally recognized by the commissioner of education
as a nonpublic school accrediting organization; or

(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.

A program that asserts its exemption from licensure under item (ii) shall, upon request
from the commissioner, provide the commissioner with documentation from the accrediting
agency that verifies: that the accreditation is current; that the accrediting agency investigates
complaints about services; and that the accrediting agency's standards require background
studies on all people providing direct contact services;

(27) a program operated by a nonprofit organization incorporated in Minnesota or another
state that serves youth in kindergarten through grade 12; provides structured, supervised
youth development activities; and has learning opportunities take place before or after
school, on weekends, or during the summer or other seasonal breaks in the school calendar.
A program exempt under this clause is not eligible for child care assistance under chapter
119B. A program exempt under this clause must:

(i) have a director or supervisor on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers;

(ii) have obtained written consent from a parent or legal guardian for each youth
participating in activities at the site; and

(iii) have provided written notice to a parent or legal guardian for each youth at the site
that the program is not licensed or supervised by the state of Minnesota and is not eligible
to receive child care assistance payments;

(28) a county that is an eligible vendor under section 254B.05 to provide care coordination
and comprehensive assessment services;

(29) a recovery community organization that is an eligible vendor under section 254B.05
to provide peer recovery support services; or

(30) Head Start programs that serve only children who are at least three years old but
not yet six years old.

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.

(c) Except for the home and community-based services identified in section 245D.03,
subdivision 1, nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.

Sec. 3.

Minnesota Statutes 2022, section 245A.04, is amended by adding a subdivision to
read:

new text begin Subd. 7b. new text end

new text begin Notification to commissioner of changes in key staff positions; children's
residential facilities and detoxification programs. new text end

new text begin (a) A license holder must notify the
commissioner within five business days of a change or vacancy in a key staff position under
paragraphs (b) or (c). The license holder must notify the commissioner of the staffing change
or vacancy on a form approved by the commissioner and include the name of the staff person
now assigned to the key staff position and the staff person's qualifications for the position.
new text end

new text begin (b) The key staff position for a children's residential facility licensed according to
Minnesota Rules, parts 2960.0130 to 2960.0220, is a program director; and
new text end

new text begin (c) The key staff positions for a detoxification program licensed according to Minnesota
Rules, parts 9530.6510 to 9530.6590, are:
new text end

new text begin (1) a program director as required by Minnesota Rules, part 9530.6560, subpart 1;
new text end

new text begin (2) a registered nurse as required by Minnesota Rules, part 9530.6560, subpart 4; and
new text end

new text begin (3) a medical director as required by Minnesota Rules, part 9530.6560, subpart 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 4.

Minnesota Statutes 2022, section 245A.043, subdivision 2, is amended to read:

Subd. 2.

Change in ownership.

(a) If the commissioner determines that there is a change
in ownership, the commissioner shall require submission of a new license application. This
subdivision does not apply to a licensed program or service located in a home where the
license holder resides. A change in ownership occurs when:

(1) new text begin except as provided in paragraph (b), new text end the license holder sells or transfers 100 percent
of the property, stock, or assets;

(2) the license holder merges with another organization;

(3) the license holder consolidates with two or more organizations, resulting in the
creation of a new organization;

(4) there is a change to the federal tax identification number associated with the license
holder; or

(5) new text begin except as provided in paragraph (b), new text end all controlling individuals deleted text begin associated with deleted text end new text begin for new text end
the original deleted text begin application deleted text end new text begin license new text end have changed.

(b) deleted text begin Notwithstanding deleted text end new text begin For changes under new text end paragraph (a), clauses (1) deleted text begin and deleted text end new text begin or new text end (5), no change
in ownership has occurred new text begin and a new license application is not required new text end if at least one
controlling individual has been deleted text begin listed deleted text end new text begin affiliated new text end as a controlling individual for the license
for at least the previous 12 months new text begin immediately preceding the change new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 245A.043, subdivision 3, is amended
to read:

Subd. 3.

new text begin Standard new text end change of ownership process.

(a) When a change in ownership is
proposed and the party intends to assume operation without an interruption in service longer
than 60 days after acquiring the program or service, the license holder must provide the
commissioner with written notice of the proposed change on a form provided by the
commissioner at least deleted text begin 60 deleted text end new text begin 90 new text end days before the anticipated date of the change in ownership.
For purposes of this deleted text begin subdivision and subdivision 4 deleted text end new text begin section new text end , "party" means the party that
intends to operate the service or program.

(b) The party must submit a license application under this chapter on the form and in
the manner prescribed by the commissioner at least deleted text begin 30 deleted text end new text begin 90 new text end days before the change in
ownership is new text begin anticipated to be new text end complete deleted text begin , deleted text end and must include documentation to support the
upcoming change. The party must comply with background study requirements under chapter
245C and shall pay the application fee required under section 245A.10.

new text begin (c) new text end A party that intends to assume operation without an interruption in service longer
than 60 days after acquiring the program or service is exempt from the requirements of
sections 245G.03, subdivision 2, paragraph (b), and 254B.03, subdivision 2, paragraphs (c)
and (d).

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may streamline application procedures when the party is an
existing license holder under this chapter and is acquiring a program licensed under this
chapter or service in the same service class as one or more licensed programs or services
the party operates and those licenses are in substantial compliance. For purposes of this
subdivision, "substantial compliance" means within the previous 12 months the commissioner
did not (1) issue a sanction under section 245A.07 against a license held by the party, or
(2) make a license held by the party conditional according to section 245A.06.

deleted text begin (d) Except when a temporary change in ownership license is issued pursuant to
subdivision 4 deleted text end new text begin (e) While the standard change of ownership process is pending new text end , the existing
license holder deleted text begin is solely deleted text end new text begin remains new text end responsible for operating the program according to applicable
laws and rules until a license under this chapter is issued to the party.

deleted text begin (e) deleted text end new text begin (f) new text end If a licensing inspection of the program or service was conducted within the
previous 12 months and the existing license holder's license record demonstrates substantial
compliance with the applicable licensing requirements, the commissioner may waive the
party's inspection required by section 245A.04, subdivision 4. The party must submit to the
commissioner (1) proof that the premises was inspected by a fire marshal or that the fire
marshal deemed that an inspection was not warranted, and (2) proof that the premises was
inspected for compliance with the building code or that no inspection was deemed warranted.

deleted text begin (f) deleted text end new text begin (g) new text end If the party is seeking a license for a program or service that has an outstanding
action under section 245A.06 or 245A.07, the party must submit a deleted text begin letter deleted text end new text begin written plan new text end as part
of the application process identifying how the party has or will come into full compliance
with the licensing requirements.

deleted text begin (g) deleted text end new text begin (h) new text end The commissioner shall evaluate the party's application according to section
245A.04, subdivision 6. If the commissioner determines that the party has remedied or
demonstrates the ability to remedy the outstanding actions under section 245A.06 or 245A.07
and has determined that the program otherwise complies with all applicable laws and rules,
the commissioner shall issue a license or conditional license under this chapter. new text begin A conditional
license issued under this section is final and not subject to reconsideration under section
245A.06, subdivision 4. new text end The conditional license remains in effect until the commissioner
determines that the grounds for the action are corrected or no longer exist.

deleted text begin (h) deleted text end new text begin (i) new text end The commissioner may deny an application as provided in section 245A.05. An
applicant whose application was denied by the commissioner may appeal the denial according
to section 245A.05.

deleted text begin (i) deleted text end new text begin (j) new text end This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 6.

Minnesota Statutes 2022, section 245A.043, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Emergency change in ownership process. new text end

new text begin (a) In the event of a death of a
license holder or sole controlling individual or a court order or other event that results in
the license holder being inaccessible or unable to operate the program or service, a party
may submit a request to the commissioner to allow the party to assume operation of the
program or service under an emergency change in ownership process to ensure persons
continue to receive services while the commissioner evaluates the party's license application.
new text end

new text begin (b) To request the emergency change of ownership process, the party must immediately:
new text end

new text begin (1) notify the commissioner of the event resulting in the inability of the license holder
to operate the program and of the party's intent to assume operations; and
new text end

new text begin (2) provide the commissioner with documentation that demonstrates the party has a legal
or legitimate ownership interest in the program or service if applicable and is able to operate
the program or service.
new text end

new text begin (c) If the commissioner approves the party to continue operating the program or service
under an emergency change in ownership process, the party must:
new text end

new text begin (1) request to be added as a controlling individual or license holder to the existing license;
new text end

new text begin (2) notify persons receiving services of the emergency change in ownership in a manner
approved by the commissioner;
new text end

new text begin (3) submit an application for a new license within 30 days of approval;
new text end

new text begin (4) comply with the background study requirements under chapter 245C; and
new text end

new text begin (5) pay the application fee required under section 245A.10.
new text end

new text begin (d) While the emergency change of ownership process is pending, a party approved
under this subdivision is responsible for operating the program under the existing license
according to applicable laws and rules until a new license under this chapter is issued.
new text end

new text begin (e) The provisions in subdivision 3, paragraphs (c), (d), and (f) to (i) apply to this
subdivision.
new text end

new text begin (f) Once a party is issued a new license or has decided not to seek a new license, the
commissioner must close the existing license.
new text end

new text begin (g) This subdivision applies to any program or service licensed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2022, section 245A.043, subdivision 4, is amended to read:

Subd. 4.

Temporary deleted text begin change in ownership deleted text end new text begin transitional new text end license.

deleted text begin (a) After receiving the
party's application pursuant to subdivision 3, upon the written request of the existing license
holder and the party, the commissioner may issue a temporary change in ownership license
to the party while the commissioner evaluates the party's application. Until a decision is
made to grant or deny a license under this chapter, the existing license holder and the party
shall both be responsible for operating the program or service according to applicable laws
and rules, and the sale or transfer of the existing license holder's ownership interest in the
licensed program or service does not terminate the existing license.
deleted text end

deleted text begin (b) The commissioner may issue a temporary change in ownership license when a license
holder's death, divorce, or other event affects the ownership of the program and an applicant
seeks to assume operation of the program or service to ensure continuity of the program or
service while a license application is evaluated.
deleted text end

deleted text begin (c) This subdivision applies to any program or service licensed under this chapter.
deleted text end

new text begin If a party's application under subdivision 2 is for a satellite license for a community
residential setting under section 245D.23 or day services facility under 245D.27 and if the
party already holds an active license to provide services under chapter 245D, the
commissioner may issue a temporary transitional license to the party for the community
residential setting or day services facility while the commissioner evaluates the party's
application. Until a decision is made to grant or deny a community residential setting or
day services facility satellite license, the party must be solely responsible for operating the
program according to applicable laws and rules, and the existing license must be closed.
The temporary transitional license expires after 12 months from the date it was issued or
upon issuance of the community residential setting or day services facility satellite license,
whichever occurs first.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 8.

Minnesota Statutes 2022, section 245A.043, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Failure to comply. new text end

new text begin If the commissioner finds that the applicant or license holder
has not fully complied with this section, the commissioner may impose a licensing sanction
under section 245A.05, 245A.06, or 245A.07.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 245A.07, subdivision 1, is amended
to read:

Subdivision 1.

Sanctions; appeals; license.

(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
who:

(1) does not comply with applicable law or rule;

(2) has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children; or

(3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study, and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster children.

When applying sanctions authorized under this section, the commissioner shall consider
the nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.

(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. new text begin The commissioner may include
terms the license holder must follow pending a final order on the appeal. new text end Unless otherwise
specified by the commissioner, variances in effect on the date of the license sanction under
appeal continue under the temporary provisional license. If a license holder fails to comply
with applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.

(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.

(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 10.

Minnesota Statutes 2022, section 245A.07, subdivision 6, is amended to read:

Subd. 6.

Appeal of multiple sanctions.

(a) When the license holder appeals more than
one licensing action or sanction that were simultaneously issued by the commissioner, the
license holder shall specify the actions or sanctions that are being appealed.

(b) If there are different timelines prescribed in statutes for the licensing actions or
sanctions being appealed, the license holder must submit the appeal within the longest of
those timelines specified in statutes.

(c) The appeal must be made in writing by certified mail deleted text begin or deleted text end new text begin , new text end personal service new text begin , or through
the provider licensing and reporting hub new text end . If mailed, the appeal must be postmarked and sent
to the commissioner within the prescribed timeline with the first day beginning the day after
the license holder receives the certified letter. If a request is made by personal service, it
must be received by the commissioner within the prescribed timeline with the first day
beginning the day after the license holder receives the certified letter. new text begin If the appeal is made
through the provider hub, the appeal must be received by the commissioner within the
prescribed timeline with the first day beginning the day after the commissioner issued the
order through the hub.
new text end

(d) When there are different timelines prescribed in statutes for the appeal of licensing
actions or sanctions simultaneously issued by the commissioner, the commissioner shall
specify in the notice to the license holder the timeline for appeal as specified under paragraph
(b).

Sec. 11.

Minnesota Statutes 2023 Supplement, section 245A.11, subdivision 7, is amended
to read:

Subd. 7.

Adult foster care new text begin and community residential setting new text end ; variance for alternate
overnight supervision.

(a) The commissioner may grant a variance under section 245A.04,
subdivision 9, to new text begin statute or new text end rule parts requiring a caregiver to be present in an adult foster
care home new text begin or a community residential setting new text end during normal sleeping hours to allow for
alternative methods of overnight supervision. The commissioner may grant the variance if
the local county licensing agency recommends the variance and the county recommendation
includes documentation verifying that:

(1) the county has approved the license holder's plan for alternative methods of providing
overnight supervision and determined the plan protects the residents' health, safety, and
rights;

(2) the license holder has obtained written and signed informed consent from each
resident or each resident's legal representative documenting the resident's or legal
representative's agreement with the alternative method of overnight supervision; and

(3) the alternative method of providing overnight supervision, which may include the
use of technology, is specified for each resident in the resident's: (i) individualized plan of
care; (ii) deleted text begin individual service deleted text end new text begin support new text end plan under section 256B.092, subdivision 1b, if required;
or (iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required.

(b) To be eligible for a variance under paragraph (a), the adult foster care new text begin or community
residential setting new text end license holder must not have had a conditional license issued under section
245A.06, or any other licensing sanction issued under section 245A.07 during the prior 24
months based on failure to provide adequate supervision, health care services, or resident
safety in the adult foster care home new text begin or a community residential setting new text end .

(c) A license holder requesting a variance under this subdivision to utilize technology
as a component of a plan for alternative overnight supervision may request the commissioner's
review in the absence of a county recommendation. Upon receipt of such a request from a
license holder, the commissioner shall review the variance request with the county.

deleted text begin (d) The variance requirements under this subdivision for alternative overnight supervision
do not apply to community residential settings licensed under chapter deleted text end deleted text begin 245D deleted text end deleted text begin .
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 1, is amended
to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04; to recommend denial of applicants under
section 245A.05; to issue correction orders, to issue variances, and recommend a conditional
license under section 245A.06; or to recommend suspending or revoking a license or issuing
a fine under section 245A.07, shall comply with rules and directives of the commissioner
governing those functions and with this section. The following variances are excluded from
the delegation of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and family child foster care, dual licensure of
family child foster care and family adult foster care, dual licensure of child foster residence
setting and community residential setting, and dual licensure of family adult foster care and
family child care;

(2) adult foster care new text begin or community residential setting new text end maximum capacity;

(3) adult foster care new text begin or community residential setting new text end minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals;

(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;

(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder;

(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care; and

(9) variances to section 245A.1435 for the use of a cradleboard for a cultural
accommodation.

Except as provided in section 245A.14, subdivision 4, paragraph (a), clause (5), a county
agency must not grant a license holder a variance to exceed the maximum allowable family
child care license capacity of 14 children.

(b) A county agency that has been designated by the commissioner to issue family child
care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.

(c) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.

(d) For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

(f) During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

(g) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.

(h) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2023 Supplement, section 245A.211, subdivision 4, is amended
to read:

Subd. 4.

Contraindicated physical restraints.

A license or certification holder must
not implement a restraint on a person receiving services in a program in a way that is
contraindicated for any of the person's known medical or psychological conditions. Prior
to using restraints on a person deleted text begin , the license or certification holder must assess and document
a determination of any deleted text end new text begin with a known new text end medical or psychological conditions that restraints are
contraindicated for new text begin , the license or certification holder must document the contraindication new text end
and the type of restraints that will not be used on the person based on this determination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 245A.242, subdivision 2, is amended
to read:

Subd. 2.

Emergency overdose treatment.

new text begin (a) new text end A license holder must maintain a supply
of opiate antagonists as defined in section 604A.04, subdivision 1, available for emergency
treatment of opioid overdose and must have a written standing order protocol by a physician
who is licensed under chapter 147, advanced practice registered nurse who is licensed under
chapter 148, or physician assistant who is licensed under chapter 147A, that permits the
license holder to maintain a supply of opiate antagonists on site. A license holder must
require staff to undergo training in the specific mode of administration used at the program,
which may include intranasal administration, intramuscular injection, or both.

new text begin (b) Notwithstanding any requirements to the contrary in Minnesota Rules, chapters 2960
and 9530, and Minnesota Statutes, chapters 245F, 245G, and 245I:
new text end

new text begin (1) emergency opiate antagonist medications are not required to be stored in a locked
area and staff and adult clients may carry this medication on them and store it in an unlocked
location;
new text end

new text begin (2) staff persons who only administer emergency opiate antagonist medications only
require the training required by paragraph (a), which any knowledgeable trainer may provide.
The trainer is not required to be a registered nurse or part of an accredited educational
institution; and
new text end

new text begin (3) nonresidential substance use disorder treatment programs that do not administer
client medications beyond emergency opiate antagonist medications are not required to
have the policies and procedures required in section 245G.08, subdivisions 5 and 6, and
must instead describe the program's procedures for administering opiate antagonist
medications in the license holder's description of health care services under section 245G.08,
subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:

Subd. 2.

Door to attached garage.

deleted text begin Notwithstanding Minnesota Rules, part 9502.0425,
subpart 5, day care residences with an attached garage are not required to have a self-closing
door to the residence. The door to the residence may be deleted text end new text begin (a) If there is an opening between
an attached garage and a day care residence, there must be a door that is:
new text end

new text begin (1) a solid wood bonded-core door at least 1-3/8 inches thick;
new text end

new text begin (2) new text end a steel insulated door deleted text begin if the door is deleted text end at least 1-3/8 inches thick deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) a door with a fire protection rating of 20 minutes.
new text end

new text begin (b) The separation wall on the garage side between the residence and garage must consist
of 1/2-inch-thick gypsum wallboard or its equivalent.
new text end

Sec. 16.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Stairways. new text end

new text begin (a) All stairways must meet the requirements in this subdivision.
new text end

new text begin (b) Stairways of four or more steps must have handrails on at least one side.
new text end

new text begin (c) Any open area between the handrail and stair tread must be enclosed with a protective
guardrail as specified in the State Building Code. At open risers, openings located more
than 30 inches or 762 millimeters as measured vertically to the floor or grade below must
not permit the passage of a sphere four inches or 102 millimeters in diameter.
new text end

new text begin (d) Gates or barriers must be used when children aged six to 18 months are in care.
new text end

new text begin (e) Stairways must be well lit, in good repair, and free of clutter and obstructions.
new text end

Sec. 17.

Minnesota Statutes 2023 Supplement, section 245C.02, subdivision 13e, is
amended to read:

Subd. 13e.

NETStudy 2.0.

new text begin (a) new text end "NETStudy 2.0" means the commissioner's system that
replaces both NETStudy and the department's internal background study processing system.
NETStudy 2.0 is designed to enhance protection of children and vulnerable adults by
improving the accuracy of background studies through fingerprint-based criminal record
checks and expanding the background studies to include a review of information from the
Minnesota Court Information System and the national crime information database. NETStudy
2.0 is also designed to increase efficiencies in and the speed of the hiring process by:

(1) providing access to and updates from public web-based data related to employment
eligibility;

(2) decreasing the need for repeat studies through electronic updates of background
study subjects' criminal records;

(3) supporting identity verification using subjects' Social Security numbers and
photographs;

(4) using electronic employer notifications;

(5) issuing immediate verification of subjects' eligibility to provide services as more
studies are completed under the NETStudy 2.0 system; and

(6) providing electronic access to certain notices for entities and background study
subjects.

new text begin (b) Information obtained by entities from public web-based data through NETStudy 2.0
under paragraph (a), clause (1), or any other source that is not direct correspondence from
the commissioner is not a notice of disqualification from the commissioner under this
chapter.
new text end

Sec. 18.

Minnesota Statutes 2022, section 245C.03, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Individuals affiliated with a Head Start program. new text end

new text begin When initiated by the
Head Start program, including Tribal Head Start programs, the commissioner shall conduct
a background study on any individual who is affiliated with a Head Start program.
new text end

Sec. 19.

Minnesota Statutes 2023 Supplement, section 245C.033, subdivision 3, is amended
to read:

Subd. 3.

Procedure; maltreatment and state licensing agency data.

new text begin (a) For requests
paid directly by the guardian or conservator, new text end requests for maltreatment and state licensing
agency data checks must be submitted by the guardian or conservator to the commissioner
on the form or in the manner prescribed by the commissioner. Upon receipt of a signed
informed consent and payment under section 245C.10, the commissioner shall complete
the maltreatment and state licensing agency checks. Upon completion of the checks, the
commissioner shall provide the requested information to the courts on the form or in the
manner prescribed by the commissioner.

new text begin (b) For requests paid by the court based on the in forma pauperis status of the guardian
or conservator, requests for maltreatment and state licensing agency data checks must be
submitted by the court to the commissioner on the form or in the manner prescribed by the
commissioner. The form will serve as certification that the individual has been granted in
forma pauperis status. Upon receipt of a signed data request consent form from the court,
the commissioner shall initiate the maltreatment and state licensing agency checks. Upon
completion of the checks, the commissioner shall provide the requested information to the
courts on the form or in the manner prescribed by the commissioner.
new text end

Sec. 20.

new text begin [245C.041] EMERGENCY WAIVER TO TEMPORARILY MODIFY
BACKGROUND STUDY REQUIREMENTS.
new text end

new text begin (a) In the event of an emergency identified by the commissioner, the commissioner may
temporarily waive or modify provisions in this chapter, except that the commissioner shall
not waive or modify:
new text end

new text begin (1) disqualification standards in section 245C.14 or 245C; or
new text end

new text begin (2) any provision regarding the scope of individuals required to be subject to a background
study conducted under this chapter.
new text end

new text begin (b) For the purposes of this section, an emergency may include, but is not limited to a
public health emergency, environmental emergency, natural disaster, or other unplanned
event that the commissioner has determined prevents the requirements in this chapter from
being met. This authority shall not exceed the amount of time needed to respond to the
emergency and reinstate the requirements of this chapter. The commissioner has the authority
to establish the process and time frame for returning to full compliance with this chapter.
The commissioner shall determine the length of time an emergency study is valid.
new text end

new text begin (c) At the conclusion of the emergency, entities must submit a new, compliant background
study application and fee for each individual who was the subject of background study
affected by the powers created in this section, referred to as an "emergency study" to have
a new study that fully complies with this chapter within a time frame and notice period
established by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2022, section 245C.05, subdivision 5, is amended to read:

Subd. 5.

Fingerprints and photograph.

(a) Notwithstanding paragraph deleted text begin (b) deleted text end new text begin (c) new text end , for
background studies conducted by the commissioner for child foster care, children's residential
facilities, adoptions, or a transfer of permanent legal and physical custody of a child, the
subject of the background study, who is 18 years of age or older, shall provide the
commissioner with a set of classifiable fingerprints obtained from an authorized agency for
a national criminal history record check.

new text begin (b) Notwithstanding paragraph (c), for background studies conducted by the commissioner
for Head Start programs, the subject of the background study shall provide the commissioner
with a set of classifiable fingerprints obtained from an authorized agency for a national
criminal history record check.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end For background studies initiated on or after the implementation of NETStudy
2.0, except as provided under subdivision 5a, every subject of a background study must
provide the commissioner with a set of the background study subject's classifiable fingerprints
and photograph. The photograph and fingerprints must be recorded at the same time by the
authorized fingerprint collection vendor or vendors and sent to the commissioner through
the commissioner's secure data system described in section 245C.32, subdivision 1a,
paragraph (b).

deleted text begin (c) deleted text end new text begin (d) new text end The fingerprints shall be submitted by the commissioner to the Bureau of Criminal
Apprehension and, when specifically required by law, submitted to the Federal Bureau of
Investigation for a national criminal history record check.

deleted text begin (d) deleted text end new text begin (e) new text end The fingerprints must not be retained by the Department of Public Safety, Bureau
of Criminal Apprehension, or the commissioner. The Federal Bureau of Investigation will
not retain background study subjects' fingerprints.

deleted text begin (e) deleted text end new text begin (f) new text end The authorized fingerprint collection vendor or vendors shall, for purposes of
verifying the identity of the background study subject, be able to view the identifying
information entered into NETStudy 2.0 by the entity that initiated the background study,
but shall not retain the subject's fingerprints, photograph, or information from NETStudy
2.0. The authorized fingerprint collection vendor or vendors shall retain no more than the
name and date and time the subject's fingerprints were recorded and sent, only as necessary
for auditing and billing activities.

deleted text begin (f) deleted text end new text begin (g) new text end For any background study conducted under this chapter, the subject shall provide
the commissioner with a set of classifiable fingerprints when the commissioner has reasonable
cause to require a national criminal history record check as defined in section 245C.02,
subdivision 15a.

Sec. 22.

Minnesota Statutes 2023 Supplement, section 245C.08, subdivision 1, is amended
to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required deleted text begin in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), deleted text end new text begin for studies under this chapter new text end when there
is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 119B, the
commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years;

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry;

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website; and

(8) for a background study required for treatment programs for sexual psychopathic
personalities or sexually dangerous persons, the background study shall only include a
review of the information required under paragraph (a), clauses (1) to (4).

(b) Except as otherwise provided in this paragraph, notwithstanding expungement by a
court, the commissioner may consider information obtained under paragraph (a), clauses
(3) and (4), unless:

(1) the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissioner; or

(2) the commissioner received notice of the expungement order issued pursuant to section
609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically
to the commissioner.

The commissioner may not consider information obtained under paragraph (a), clauses (3)
and (4), or from any other source that identifies a violation of chapter 152 without
determining if the offense involved the possession of marijuana or tetrahydrocannabinol
and, if so, whether the person received a grant of expungement or order of expungement,
or the person was resentenced to a lesser offense. If the person received a grant of
expungement or order of expungement, the commissioner may not consider information
related to that violation but may consider any other relevant information arising out of the
same incident.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

Sec. 23.

Minnesota Statutes 2022, section 245C.08, subdivision 4, is amended to read:

Subd. 4.

Juvenile court records.

(a) For a background study conducted by the
Department of Human Services, the commissioner shall review records from the juvenile
courts for an individual studied under deleted text begin section 245C.03, subdivision 1, paragraph (a), deleted text end new text begin this
chapter new text end when the commissioner has reasonable cause.

deleted text begin (b) For a background study conducted by a county agency for family child care before
the implementation of NETStudy 2.0, the commissioner shall review records from the
juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13
through 23 living in the household where the licensed services will be provided. The
commissioner shall also review records from juvenile courts for any other individual listed
under section 245C.03, subdivision 1, when the commissioner has reasonable cause.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals deleted text begin described in
section 245C.03, subdivision 1, paragraph (a), deleted text end new text begin who are subjects of studies under this chapter new text end
when requested pursuant to this subdivision.

deleted text begin (d) deleted text end new text begin (c) new text end For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

deleted text begin (e) deleted text end new text begin (d) new text end Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 24.

Minnesota Statutes 2023 Supplement, section 245C.10, subdivision 15, is amended
to read:

Subd. 15.

Guardians and conservators.

new text begin (a) new text end The commissioner shall recover the cost
of conducting maltreatment and state licensing agency checks for guardians and conservators
under section 245C.033 through a fee of no more than $50. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of conducting maltreatment
and state licensing agency checks.

new text begin (b) new text end The fee must be paid directly to and in the manner prescribed by the commissioner
before any maltreatment and state licensing agency checks under section 245C.033 may be
conducted.

new text begin (c) Notwithstanding paragraph (b), the court shall pay the fee for an applicant who has
been granted in forma pauperis status upon receipt of the invoice from the commissioner.
new text end

Sec. 25.

Minnesota Statutes 2022, section 245C.10, subdivision 18, is amended to read:

Subd. 18.

Applicants, licensees, and other occupations regulated by commissioner
of health.

The applicant or license holder is responsible for paying to the Department of
Human Services all fees associated with the preparation of the fingerprints, the criminal
records check consent form, and new text begin , through a fee of no more than $44 per study, new text end the criminal
background check.

Sec. 26.

Minnesota Statutes 2022, section 245C.14, subdivision 1, is amended to read:

Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position allowing
direct contact with persons receiving services from the license holder or entity identified in
section 245C.03, upon receipt of information showing, or when a background study
completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section
245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor,
or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act or
acts that meet the definition of any of the crimes listed in section 245C.15, regardless of
whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime; deleted text begin or
deleted text end

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) the individual's parental rights have been terminated under section 260C.301,
subdivision 1, paragraph (b), or if the individual consented to a termination of parental rights
under section 260C.301, subdivision 1, paragraph (a), to settle a petition to involuntarily
terminate parental rights.
new text end

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with
persons served by a program or entity identified in section 245C.03, unless the commissioner
has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the individual
may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program or
entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual under
section 245C.30.

(c) Notwithstanding paragraph (a), for the purposes of a background study affiliated
with a licensed family foster setting, the commissioner shall disqualify an individual who
is the subject of a background study from any position allowing direct contact with persons
receiving services from the license holder or entity identified in section 245C.03, upon
receipt of information showing or when a background study completed under this chapter
shows reason for disqualification under section 245C.15, subdivision 4a.

Sec. 27.

Minnesota Statutes 2022, section 245C.14, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Basis for disqualification. new text end

new text begin Information obtained by entities from public
web-based data through NETStudy 2.0 or any other source that is not direct correspondence
from the commissioner is not a notice of disqualification from the commissioner under this
chapter.
new text end

Sec. 28.

Minnesota Statutes 2023 Supplement, section 245C.15, subdivision 2, is amended
to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section 245C.14
if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,
for the offense; and (2) the individual has committed a felony-level violation of any of the
following offenses: sections 152.021, subdivision 1 or 2b, (aggravated controlled substance
crime in the first degree; sale crimes); 152.022, subdivision 1 (controlled substance crime
in the second degree; sale crimes); 152.023, subdivision 1 (controlled substance crime in
the third degree; sale crimes); 152.024, subdivision 1 (controlled substance crime in the
fourth degree; sale crimes); new text begin 152.0263, subdivision 1 (possession of cannabis in the first
degree); 152.0264, subdivision 1 (sale of cannabis in the first degree); 152.0265, subdivision
1 (cultivation of cannabis in the first degree); new text end new text begin 169A.24 (first-degree driving while impaired);
new text end 256.98 (wrongfully obtaining assistance); new text begin 260B.425 (criminal jurisdiction for contributing
to status as a juvenile petty offender or delinquency); 260C.425 (criminal jurisdiction for
contributing to need for protection or services); new text end 268.182 (fraud); 393.07, subdivision 10,
paragraph (c) (federal SNAP fraud); new text begin 518B.01, subdivision 14 (violation of an order for
protection); new text end 609.165 (felon ineligible to possess firearm); 609.2112, 609.2113, or 609.2114
(criminal vehicular homicide or injury); 609.215 (suicide); 609.223 or 609.2231 (assault in
the third or fourth degree); repeat offenses under 609.224 (assault in the fifth degree);
609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a vulnerable
adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs to
injure or facilitate crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in
the third degree); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.268 (injury or death of an unborn child in the commission of a
crime); 609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical assistance fraud);
609.495 (aiding an offender); 609.498, subdivision 1 or 1b (aggravated first-degree or
first-degree tampering with a witness); 609.52 (theft); 609.521 (possession of shoplifting
gear); new text begin 609.522 (organized retail theft); new text end 609.525 (bringing stolen goods into Minnesota);
609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored
checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 609.582
(burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.625
(aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged check);
609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67
(machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 609.713
(terroristic threats); new text begin 609.746 (interference with privacy); new text end 609.82 (fraud in obtaining credit);
609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a
minor; repeat offenses under 617.241 (obscene materials and performances; distribution
and exhibition prohibited; penalty); or 624.713 (certain persons not to possess firearms).

(b) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (b), deleted text begin or subdivision 3 deleted text end new text begin or since the individual consented to a termination of
parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
involuntarily terminate parental rights new text end .

(d) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of the offenses listed in paragraph
(a) new text begin or since the termination of parental rights in any other state or country, the elements of
which are substantially similar to the elements listed in paragraph (c) new text end .

(e) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is
disqualified but the disqualification look-back period for the offense is the period applicable
to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 29.

Minnesota Statutes 2022, section 245C.15, subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
new text begin 260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or
delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or
services); new text end 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud);
609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or 609.222
(assault in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth
degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault
in the fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243
(domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of
residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal
neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report maltreatment of a vulnerable adult); 609.265 (abduction); 609.275
(attempt to coerce); 609.324, subdivision 1a (other prohibited acts; minor engaged in
prostitution); 609.33 (disorderly house); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.466 (medical assistance fraud); 609.52 (theft);
new text begin 609.522 (organized retail theft); new text end 609.525 (bringing stolen goods into Minnesota); 609.527
(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks);
609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631
(check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot); 609.72,
subdivision 3 (disorderly conduct against a vulnerable adult); deleted text begin repeat offenses under deleted text end
deleted text begin (interference with privacy); deleted text end 609.749, subdivision 2 (harassment); 609.82 (fraud in obtaining
credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving
a minor; 617.241 (obscene materials and performances); 617.243 (indecent literature,
distribution); 617.293 (harmful materials; dissemination and display to minors prohibited);
or Minnesota Statutes 2012, section 609.21; or violation of an order for protection under
section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of any of the offenses listed in
paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a misdemeanor disposition, the individual is disqualified but
the disqualification lookback period for the offense is the period applicable to misdemeanors.

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 30.

Minnesota Statutes 2022, section 245C.15, subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a misdemeanor-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); new text begin 260B.425
(criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency);
260C.425 (criminal jurisdiction for contributing to need for protection or services); new text end 268.182
(fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113,
or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree);
609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231
(assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic
assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the third degree);
609.27 (coercion); violation of an order for protection under 609.3232 (protective order
authorized; procedures; penalties); 609.466 (medical assistance fraud); 609.52 (theft);
new text begin 609.522 (organized retail theft); new text end 609.525 (bringing stolen goods into Minnesota); 609.527
(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks);
609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); new text begin 609.668
(explosive and incendiary devices); new text end 609.746 (interference with privacy); 609.79 (obscene
or harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment);
609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent
exposure), not involving a minor; 617.293 (harmful materials; dissemination and display
to minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation of an order
for protection under section 518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 260E.06 or 626.557, subdivision 3,
for incidents in which: (i) the final disposition under section 626.557 or chapter 260E was
substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a
vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.557 or chapter 260E for which: (i) there is a preponderance of evidence that
the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of
the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the offenses
listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has passed
since the individual was disqualified under section 256.98, subdivision 8.

Sec. 31.

Minnesota Statutes 2023 Supplement, section 245C.15, subdivision 4a, is amended
to read:

Subd. 4a.

Licensed family foster setting disqualifications.

(a) Notwithstanding
subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,
regardless of how much time has passed, an individual is disqualified under section 245C.14
if the individual committed an act that resulted in a felony-level conviction for sections:
609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first
degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);
609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense
under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or
neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325
(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245
(aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree);
609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child
in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.268 (injury or death of an unborn child in the commission of a
crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex
trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in,
hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct
in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory
conduct); new text begin 609.3458 (sexual extortion); new text end 609.352 (solicitation of children to engage in sexual
conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of
a child); 609.561 (arson in the first degree); 609.582, subdivision 1 (burglary in the first
degree); 609.746 (interference with privacy); 617.23 (indecent exposure); 617.246 (use of
minors in sexual performance prohibited); or 617.247 (possession of pictorial representations
of minors).

(b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14,
regardless of how much time has passed, if the individual:

(1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20;

(2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);

(3) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or

(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).

(c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than 20
years have passed since the termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of
parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
involuntarily terminate parental rights. An individual is disqualified under section 245C.14
if fewer than 20 years have passed since the termination of the individual's parental rights
in any other state or country, where the conditions for the individual's termination of parental
rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph
(b).

(d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than five
years have passed since a felony-level violation for sections: 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023
(controlled substance crime in the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing
controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)
(possession of substance with intent to manufacture methamphetamine); new text begin 152.0263,
subdivision 1 (possession of cannabis in the first degree); 152.0264, subdivision 1 (sale of
cannabis in the first degree); 152.0265, subdivision 1 (cultivation of cannabis in the first
degree); new text end 152.027, subdivision 6, paragraph (c) (sale or possession of synthetic cannabinoids);
152.096 (conspiracies prohibited); 152.097 (simulated controlled substances); 152.136
(anhydrous ammonia; prohibited conduct; criminal penalties; civil liabilities); 152.137
(methamphetamine-related crimes involving children or vulnerable adults); 169A.24 (felony
first-degree driving while impaired); 243.166 (violation of predatory offender registration
requirements); 609.2113 (criminal vehicular operation; bodily harm); 609.2114 (criminal
vehicular operation; unborn child); 609.228 (great bodily harm caused by distribution of
drugs); 609.2325 (criminal abuse of a vulnerable adult not resulting in the death of a
vulnerable adult); 609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate
a crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the third degree);
609.322, subdivision 1a (solicitation, inducement, and promotion of prostitution; sex
trafficking in the second degree); 609.498, subdivision 1 (tampering with a witness in the
first degree); 609.498, subdivision 1b (aggravated first-degree witness tampering); 609.562
(arson in the second degree); 609.563 (arson in the third degree); 609.582, subdivision 2
(burglary in the second degree); 609.66 (felony dangerous weapons); 609.687 (adulteration);
609.713 (terroristic threats); 609.749, subdivision 3, 4, or 5 (felony-level harassment or
stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); or
624.713 (certain people not to possess firearms).

(e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a
background study affiliated with a licensed family child foster care license, an individual
is disqualified under section 245C.14 if fewer than five years have passed since:

(1) a felony-level violation for an act not against or involving a minor that constitutes:
section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);

(2) a violation of an order for protection under section 518B.01, subdivision 14;

(3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;

(4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious maltreatment or recurring maltreatment;

(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or

(6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).

(f) For purposes of this subdivision, the disqualification begins from:

(1) the date of the alleged violation, if the individual was not convicted;

(2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or

(3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.

Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.

(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).

(h) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
permanently disqualifies the individual under section 245C.14. An individual is disqualified
under section 245C.14 if fewer than five years have passed since an offense in any other
state or country, the elements of which are substantially similar to the elements of any
offense listed in paragraphs (d) and (e).

Sec. 32.

Minnesota Statutes 2022, section 245C.22, subdivision 4, is amended to read:

Subd. 4.

Risk of harm; set aside.

(a) The commissioner may set aside the disqualification
if the commissioner finds that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.

(b) In determining whether the individual has met the burden of proof by demonstrating
the individual does not pose a risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) vulnerability of persons served by the program;

(6) the similarity between the victim and persons served by the program;

(7) the time elapsed without a repeat of the same or similar event;

(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; and

(9) any other information relevant to reconsideration.

new text begin (c) For an individual seeking a child foster care license who is a relative of the child,
the commissioner shall consider the importance of maintaining the child's relationship with
relatives as an additional significant factor in determining whether a background study
disqualification should be set aside.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end If the individual requested reconsideration on the basis that the information relied
upon to disqualify the individual was incorrect or inaccurate and the commissioner determines
that the information relied upon to disqualify the individual is correct, the commissioner
must also determine if the individual poses a risk of harm to persons receiving services in
accordance with paragraph (b).

deleted text begin (d) deleted text end new text begin (e) new text end For an individual seeking employment in the substance use disorder treatment
field, the commissioner shall set aside the disqualification if the following criteria are met:

(1) the individual is not disqualified for a crime of violence as listed under section
624.712, subdivision 5, except for the following crimes: crimes listed under section 152.021,
subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or 152.025;

(2) the individual is not disqualified under section 245C.15, subdivision 1;

(3) the individual is not disqualified under section 245C.15, subdivision 4, paragraph
(b);

(4) the individual provided documentation of successful completion of treatment, at least
one year prior to the date of the request for reconsideration, at a program licensed under
chapter 245G, and has had no disqualifying crimes or conduct under section 245C.15 after
the successful completion of treatment;

(5) the individual provided documentation demonstrating abstinence from controlled
substances, as defined in section 152.01, subdivision 4, for the period of one year prior to
the date of the request for reconsideration; and

(6) the individual is seeking employment in the substance use disorder treatment field.

Sec. 33.

Minnesota Statutes 2022, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
paragraphs (b) to deleted text begin (f) deleted text end new text begin (g) new text end , the commissioner may not set aside the disqualification of any
individual disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
1.

(b) For an individual in the substance use disorder or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider granting
a variance pursuant to section 245C.30 for the license holder for a program dealing primarily
with adults. A request for reconsideration evaluated under this paragraph must include a
letter of recommendation from the license holder that was subject to the prior set-aside
decision addressing the individual's quality of care to children or vulnerable adults and the
circumstances of the individual's departure from that service.

(c) If an individual who requires a background study for nonemergency medical
transportation services under section 245C.03, subdivision 12, was disqualified for a crime
or conduct listed under section 245C.15, subdivision 1, and if more than 40 years have
passed since the discharge of the sentence imposed, the commissioner may consider granting
a set-aside pursuant to section 245C.22. A request for reconsideration evaluated under this
paragraph must include a letter of recommendation from the employer. This paragraph does
not apply to a person disqualified based on a violation of sections 243.166; 609.185 to
609.205; 609.25; 609.342 to 609.3453; 609.352; 617.23, subdivision 2, clause (1), or 3,
clause (1); 617.246; or 617.247.

(d) When a licensed foster care provider adopts an individual who had received foster
care services from the provider for over six months, and the adopted individual is required
to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause
(2) or (6), the commissioner may grant a variance to the license holder under section 245C.30
to permit the adopted individual with a permanent disqualification to remain affiliated with
the license holder under the conditions of the variance when the variance is recommended
by the county of responsibility for each of the remaining individuals in placement in the
home and the licensing agency for the home.

(e) For an individual 18 years of age or older affiliated with a licensed family foster
setting, the commissioner must not set aside or grant a variance for the disqualification of
any individual disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
4a, paragraphs (a) and (b).

(f) In connection with a family foster setting license, the commissioner may grant a
variance to the disqualification for an individual who is under 18 years of age at the time
the background study is submitted.

new text begin (g) In connection with foster residence settings and children's residential facilities, the
commissioner must not set aside or grant a variance for the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the individual
was disqualified for a crime or conduct listed in section 245C.15, subdivision 4a, paragraph
(a) or (b).
new text end

Sec. 34.

Minnesota Statutes 2022, section 245C.24, subdivision 5, is amended to read:

Subd. 5.

Five-year bar to set aside new text begin or variance new text end disqualification; children's residential
facilities new text begin , foster residence settings new text end .

The commissioner shall not set aside new text begin or grant a variance
for new text end the disqualification of an individual in connection with a license for a children's residential
facility new text begin or foster residence setting new text end who was convicted of a felony within the past five years
for: (1) physical assault or battery; or (2) a drug-related offense.

Sec. 35.

Minnesota Statutes 2022, section 245C.24, subdivision 6, is amended to read:

Subd. 6.

Five-year bar to set aside disqualification; family foster setting.

(a) The
commissioner shall not set aside or grant a variance for the disqualification of an individual
18 years of age or older in connection with a foster family setting license if within five years
preceding the study the individual is convicted of a felony in section 245C.15, subdivision
4a, paragraph (d).

(b) In connection with a foster family setting license, the commissioner may set aside
or grant a variance to the disqualification for an individual who is under 18 years of age at
the time the background study is submitted.

new text begin (c) In connection with a foster family setting license, the commissioner may set aside
or grant a variance to the disqualification for an individual who is under 18 years of age at
the time the background study is submitted.
new text end

Sec. 36.

Minnesota Statutes 2022, section 245C.30, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Child foster care variances. new text end

new text begin For an individual seeking a child foster care
license who is a relative of the child, the commissioner shall consider the importance of
maintaining the child's relationship with relatives as an additional significant factor in
determining whether the individual should be granted a variance.
new text end

Sec. 37.

Minnesota Statutes 2022, section 245F.09, subdivision 2, is amended to read:

Subd. 2.

Protective procedures plan.

A license holder must have a written policy and
procedure that establishes the protective procedures that program staff must follow when
a patient is in imminent danger of harming self or others. The policy must be appropriate
to the type of facility and the level of staff training. The protective procedures policy must
include:

(1) an approval signed and dated by the program director and medical director prior to
implementation. Any changes to the policy must also be approved, signed, and dated by the
current program director and the medical director prior to implementation;

(2) which protective procedures the license holder will use to prevent patients from
imminent danger of harming self or others;

(3) the emergency conditions under which the protective procedures are permitted to be
used, if any;

(4) the patient's health conditions that limit the specific procedures that may be used and
alternative means of ensuring safety;

(5) emergency resources the program staff must contact when a patient's behavior cannot
be controlled by the procedures established in the policy;

(6) the training that staff must have before using any protective procedure;

(7) documentation of approved therapeutic holds;

(8) the use of law enforcement personnel as described in subdivision 4;

(9) standards governing emergency use of seclusion. Seclusion must be used only when
less restrictive measures are ineffective or not feasible. The standards in items (i) to (vii)
must be met when seclusion is used with a patient:

(i) seclusion must be employed solely for the purpose of preventing a patient from
imminent danger of harming self or others;

(ii) seclusion rooms must be equipped in a manner that prevents patients from self-harm
using projections, windows, electrical fixtures, or hard objects, and must allow the patient
to be readily observed without being interrupted;

(iii) seclusion must be authorized by the program director, a licensed physician, a
registered nurse, or a licensed physician assistant. If one of these individuals is not present
in the facility, the program director or a licensed physician, registered nurse, or physician
assistant must be contacted and authorization must be obtained within 30 minutes of initiating
seclusion, according to written policies;

(iv) patients must not be placed in seclusion for more than 12 hours at any one time;

(v) once the condition of a patient in seclusion has been determined to be safe enough
to end continuous observation, a patient in seclusion must be observed at a minimum of
every 15 minutes for the duration of seclusion and must always be within hearing range of
program staff;

(vi) a process for program staff to use to remove a patient to other resources available
to the facility if seclusion does not sufficiently assure patient safety; and

(vii) a seclusion area may be used for other purposes, such as intensive observation, if
the room meets normal standards of care for the purpose and if the room is not locked; and

(10) physical holds may only be used when less restrictive measures are not feasible.
The standards in items (i) to (iv) must be met when physical holds are used with a patient:

(i) physical holds must be employed solely for preventing a patient from imminent
danger of harming self or others;

(ii) physical holds must be authorized by the program director, a licensed physician, a
registered nurse, or a physician assistant. If one of these individuals is not present in the
facility, the program director or a licensed physician, registered nurse, or physician assistant
must be contacted and authorization must be obtained within 30 minutes of initiating a
physical hold, according to written policies;

(iii) the patient's health concerns must be considered in deciding whether to use physical
holds and which holds are appropriate for the patient; and

(iv) only approved holds may be utilized. Prone new text begin and contraindicated new text end holds are not allowed
new text begin according to section 245A.211 new text end and must not be authorized.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 38.

Minnesota Statutes 2022, section 245F.14, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Notification to commissioner of changes in key staff positions. new text end

new text begin A license
holder must notify the commissioner within five business days of a change or vacancy in a
key staff position. The key positions are a program director as required by subdivision 1, a
registered nurse as required by subdivision 4, and a medical director as required by
subdivision 5. The license holder must notify the commissioner of the staffing change or
vacancy on a form approved by the commissioner and include the name of the staff person
now assigned to the key staff position and the staff person's qualifications for the position.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 39.

Minnesota Statutes 2022, section 245F.17, is amended to read:

245F.17 PERSONNEL FILES.

A license holder must maintain a separate personnel file for each staff member. At a
minimum, the file must contain:

(1) a completed application for employment signed by the staff member that contains
the staff member's qualifications for employment and documentation related to the applicant's
background study data, as defined in chapter 245C;

(2) documentation of the staff member's current professional license or registration, if
relevant;

(3) documentation of orientation and subsequent training; new text begin and
new text end

deleted text begin (4) documentation of a statement of freedom from substance use problems; and
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end an annual job performance evaluation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 40.

Minnesota Statutes 2022, section 245G.07, subdivision 4, is amended to read:

Subd. 4.

Location of service provision.

deleted text begin The license holder may provide services at any
of the license holder's licensed locations or at another suitable location including a school,
government building, medical or behavioral health facility, or social service organization,
upon notification and approval of the commissioner. If services are provided off site from
the licensed site, the reason for the provision of services remotely must be documented.
The license holder may provide additional services under subdivision 2, clauses (2) to (5),
off-site if the license holder includes a policy and procedure detailing the off-site location
as a part of the treatment service description and the program abuse prevention plan.
deleted text end

new text begin (a) The license holder must provide all treatment services a client receives at one of the
license holder's substance use disorder treatment licensed locations or at a location allowed
under paragraphs (b) to (f). If the services are provided at the locations in paragraphs (b) to
(d), the license holder must document in the client record the location services were provided.
new text end

new text begin (b) The license holder may provide nonresidential individual treatment services at a
client's home or place of residence.
new text end

new text begin (c) If the license holder provides treatment services by telehealth, the services must be
provided according to this paragraph:
new text end

new text begin (1) the license holder must maintain a licensed physical location in Minnesota where
the license holder must offer all treatment services in subdivision 1, paragraph (a), clauses
(1) to (4), physically in-person to each client;
new text end

new text begin (2) the license holder must meet all requirements for the provision of telehealth in sections
254B.05, subdivision 5, paragraph (f), and 256B.0625, subdivision 3b. The license holder
must document all items in section 256B.0625, subdivision 3b, paragraph (c), for each client
receiving services by telehealth, regardless of payment type or whether the client is a medical
assistance enrollee;
new text end

new text begin (3) the license holder may provide treatment services by telehealth to clients individually;
new text end

new text begin (4) the license holder may provide treatment services by telehealth to a group of clients
that are each in a separate physical location;
new text end

new text begin (5) the license holder must not provide treatment services remotely by telehealth to a
group of clients meeting together in person;
new text end

new text begin (6) clients and staff may join an in-person group by telehealth if a staff member qualified
to provide the treatment service is physically present with the group of clients meeting
together in person; and
new text end

new text begin (7) the qualified professional providing a residential group treatment service by telehealth
must be physically present on-site at the licensed residential location while the service is
being provided.
new text end

new text begin (d) The license holder may provide the additional treatment services under subdivision
2, clauses (2) to (5) and (8), away from the licensed location at a suitable location appropriate
to the treatment service.
new text end

new text begin (e) Upon written approval from the commissioner for each satellite location, the license
holder may provide nonresidential treatment services at satellite locations that are in a
school, jail, or nursing home. A satellite location may only provide services to students of
the school, inmates of the jail, or residents of the nursing home. Schools, jails, and nursing
homes are exempt from the licensing requirements in section 245A.04, subdivision 2a, to
document compliance with building codes, fire and safety codes, health rules, and zoning
ordinances.
new text end

new text begin (f) The commissioner may approve other suitable locations as satellite locations for
nonresidential treatment services. The commissioner may require satellite locations under
this paragraph to meet all applicable licensing requirements. The license holder may not
have more than two satellite locations per license under this paragraph.
new text end

new text begin (g) The license holder must provide the commissioner access to all files, documentation,
staff persons, and any other information the commissioner requires at the main licensed
location for all clients served at any location under paragraphs (b) to (f).
new text end

new text begin (h) Notwithstanding sections 245A.65, subdivision 2, and 626.557, subdivision 14, a
program abuse prevention plan is not required for satellite or other locations under paragraphs
(b) to (e). An individual abuse prevention plan is still required for any client that is a
vulnerable adult as defined in section 626.5572, subdivision 21.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 41.

Minnesota Statutes 2022, section 245G.08, subdivision 5, is amended to read:

Subd. 5.

Administration of medication and assistance with self-medication.

(a) A
license holder must meet the requirements in this subdivision if a service provided includes
the administration of medication.

(b) A staff member, other than a licensed practitioner or nurse, who is delegated by a
licensed practitioner or a registered nurse the task of administration of medication or assisting
with self-medication, must:

(1) successfully complete a medication administration training program for unlicensed
personnel through an accredited Minnesota postsecondary educational institution. A staff
member's completion of the course must be documented in writing and placed in the staff
member's personnel file;

(2) be trained according to a formalized training program that is taught by a registered
nurse and offered by the license holder. deleted text begin The training must include the process for
administration of naloxone, if naloxone is kept on site. deleted text end A staff member's completion of the
training must be documented in writing and placed in the staff member's personnel records;
or

(3) demonstrate to a registered nurse competency to perform the delegated activity. A
registered nurse must be employed or contracted to develop the policies and procedures for
administration of medication or assisting with self-administration of medication, or both.

(c) A registered nurse must provide supervision as defined in section 148.171, subdivision
23. The registered nurse's supervision must include, at a minimum, monthly on-site
supervision or more often if warranted by a client's health needs. The policies and procedures
must include:

(1) a provision that a delegation of administration of medication is limited to a method
a staff member has been trained to administer and limited to:

(i) a medication that is administered orally, topically, or as a suppository, an eye drop,
an ear drop, an inhalant, or an intranasal; and

(ii) an intramuscular injection of deleted text begin naloxone deleted text end new text begin an opiate antagonist as defined in section
604A.04, subdivision 1, new text end or epinephrine;

(2) a provision that each client's file must include documentation indicating whether
staff must conduct the administration of medication or the client must self-administer
medication, or both;

(3) a provision that a client may carry emergency medication such as nitroglycerin as
instructed by the client's physician, advanced practice registered nurse, or physician assistant;

(4) a provision for the client to self-administer medication when a client is scheduled to
be away from the facility;

(5) a provision that if a client self-administers medication when the client is present in
the facility, the client must self-administer medication under the observation of a trained
staff member;

(6) a provision that when a license holder serves a client who is a parent with a child,
the parent may only administer medication to the child under a staff member's supervision;

(7) requirements for recording the client's use of medication, including staff signatures
with date and time;

(8) guidelines for when to inform a nurse of problems with self-administration of
medication, including a client's failure to administer, refusal of a medication, adverse
reaction, or error; and

(9) procedures for acceptance, documentation, and implementation of a prescription,
whether written, verbal, telephonic, or electronic.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42.

Minnesota Statutes 2022, section 245G.08, subdivision 6, is amended to read:

Subd. 6.

Control of drugs.

A license holder must have and implement written policies
and procedures developed by a registered nurse that contain:

(1) a requirement that each drug must be stored in a locked compartment. A Schedule
II drug, as defined by section 152.02, subdivision 3, must be stored in a separately locked
compartment, permanently affixed to the physical plant or medication cart;

(2) a system which accounts for all scheduled drugs each shift;

(3) a procedure for recording the client's use of medication, including the signature of
the staff member who completed the administration of the medication with the time and
date;

(4) a procedure to destroy a discontinued, outdated, or deteriorated medication;

(5) a statement that only authorized personnel are permitted access to the keys to a locked
compartment;

(6) a statement that no legend drug supply for one client shall be given to another client;
and

(7) a procedure for monitoring the available supply of deleted text begin naloxone deleted text end new text begin an opiate antagonist as
defined in section 604A.04, subdivision 1, new text end on site deleted text begin , deleted text end new text begin and new text end replenishing the deleted text begin naloxone deleted text end supply
when needed deleted text begin , and destroying naloxone according to clause (4) deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 43.

Minnesota Statutes 2022, section 245G.10, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Notification to commissioner of changes in key staff positions. new text end

new text begin A license
holder must notify the commissioner within five business days of a change or vacancy in a
key staff position. The key positions are a treatment director as required by subdivision 1,
an alcohol and drug counselor supervisor as required by subdivision 2, and a registered
nurse as required by section 245G.08, subdivision 5, paragraph (c). The license holder must
notify the commissioner of the staffing change or vacancy on a form approved by the
commissioner and include the name of the staff person now assigned to the key staff position
and the staff person's qualifications for the position.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 44.

Minnesota Statutes 2023 Supplement, section 245G.22, subdivision 2, is amended
to read:

Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given them.

(b) "Diversion" means the use of a medication for the treatment of opioid addiction being
diverted from intended use of the medication.

(c) "Guest dose" means administration of a medication used for the treatment of opioid
addiction to a person who is not a client of the program that is administering or dispensing
the medication.

(d) "Medical director" means a practitioner licensed to practice medicine in the
jurisdiction that the opioid treatment program is located who assumes responsibility for
administering all medical services performed by the program, either by performing the
services directly or by delegating specific responsibility to a practitioner of the opioid
treatment program.

(e) "Medication used for the treatment of opioid use disorder" means a medication
approved by the Food and Drug Administration for the treatment of opioid use disorder.

(f) "Minnesota health care programs" has the meaning given in section 256B.0636.

(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations,
title 42, section 8.12, and includes programs licensed under this chapter.

(h) "Practitioner" means a staff member holding a current, unrestricted license to practice
medicine issued by the Board of Medical Practice or nursing issued by the Board of Nursing
and is currently registered with the Drug Enforcement Administration to order or dispense
controlled substances in Schedules II to V under the Controlled Substances Act, United
States Code, title 21, part B, section 821. deleted text begin Practitioner includes an advanced practice registered
nurse and physician assistant if the staff member receives a variance by the state opioid
treatment authority under section 254A.03 and the federal Substance Abuse and Mental
Health Services Administration.
deleted text end

(i) "Unsupervised use new text begin " or "take-home new text end " means the use of a medication for the treatment
of opioid use disorder dispensed for use by a client outside of the program setting.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 45.

Minnesota Statutes 2022, section 245G.22, subdivision 6, is amended to read:

Subd. 6.

Criteria for unsupervised use.

(a) To limit the potential for diversion of
medication used for the treatment of opioid use disorder to the illicit market, medication
dispensed to a client for unsupervised use shall be subject to the requirements of this
subdivision. Any client in an opioid treatment program may receive deleted text begin a single unsupervised
use dose for a day that the clinic is closed for business, including Sundays and state and
federal holidays deleted text end new text begin their individualized take-home doses as ordered for days that the clinic is
closed for business, on one weekend day (e.g., Sunday) and state and federal holidays, no
matter their length of time in treatment, as allowed under Code of Federal Regulations, title
42, part 8.12 (i)(1) new text end .

(b) new text begin For take-home doses beyond those allowed by paragraph (a), new text end a practitioner deleted text begin with deleted text end
deleted text begin authority to prescribe deleted text end must review and document the criteria in deleted text begin this paragraph and paragraph
(c) deleted text end new text begin the Code of Federal Regulations, title 42, part 8.12 (i)(2), new text end when determining whether
dispensing medication for a client's unsupervised use is new text begin safe and it is new text end appropriate to
implement, increase, or extend the amount of time between visits to the program. deleted text begin The criteria
are:
deleted text end

deleted text begin (1) absence of recent abuse of drugs including but not limited to opioids, non-narcotics,
and alcohol;
deleted text end

deleted text begin (2) regularity of program attendance;
deleted text end

deleted text begin (3) absence of serious behavioral problems at the program;
deleted text end

deleted text begin (4) absence of known recent criminal activity such as drug dealing;
deleted text end

deleted text begin (5) stability of the client's home environment and social relationships;
deleted text end

deleted text begin (6) length of time in comprehensive maintenance treatment;
deleted text end

deleted text begin (7) reasonable assurance that unsupervised use medication will be safely stored within
the client's home; and
deleted text end

deleted text begin (8) whether the rehabilitative benefit the client derived from decreasing the frequency
of program attendance outweighs the potential risks of diversion or unsupervised use.
deleted text end

(c) The determination, including the basis of the determination must be documented new text begin by
a practitioner new text end in the client's medical record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 46.

Minnesota Statutes 2022, section 245G.22, subdivision 7, is amended to read:

Subd. 7.

Restrictions for unsupervised use of methadone hydrochloride.

(a) If a
deleted text begin medical director or prescribing deleted text end practitioner assesses deleted text begin and deleted text end new text begin , new text end determines new text begin , and documents new text end that
a client meets the criteria in subdivision 6 deleted text begin and may be dispensed a medication used for the
treatment of opioid addiction, the restrictions in this subdivision must be followed when
the medication to be dispensed is methadone hydrochloride. The results of the assessment
must be contained in the client file. The number of unsupervised use medication doses per
week in paragraphs (b) to (d) is in addition to the number of unsupervised use medication
doses a client may receive for days the clinic is closed for business as allowed by subdivision
6, paragraph (a) deleted text end new text begin and that a patient is safely able to manage unsupervised doses of methadone,
the number of take-home doses the client receives must be limited by the number allowed
by the Code of Federal Regulations, title 42, part 8.12 (i)(3) new text end .

deleted text begin (b) During the first 90 days of treatment, the unsupervised use medication supply must
be limited to a maximum of a single dose each week and the client shall ingest all other
doses under direct supervision.
deleted text end

deleted text begin (c) In the second 90 days of treatment, the unsupervised use medication supply must be
limited to two doses per week.
deleted text end

deleted text begin (d) In the third 90 days of treatment, the unsupervised use medication supply must not
exceed three doses per week.
deleted text end

deleted text begin (e) In the remaining months of the first year, a client may be given a maximum six-day
unsupervised use medication supply.
deleted text end

deleted text begin (f) After one year of continuous treatment, a client may be given a maximum two-week
unsupervised use medication supply.
deleted text end

deleted text begin (g) After two years of continuous treatment, a client may be given a maximum one-month
unsupervised use medication supply, but must make monthly visits to the program.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 47.

Minnesota Statutes 2023 Supplement, section 245G.22, subdivision 17, is amended
to read:

Subd. 17.

Policies and procedures.

(a) A license holder must develop and maintain the
policies and procedures required in this subdivision.

(b) For a program that is not open every day of the year, the license holder must maintain
a policy and procedure that covers requirements under section 245G.22, subdivisions 6 and
7. Unsupervised use of medication used for the treatment of opioid use disorder for days
that the program is closed for business deleted text begin , including but not limited to Sundays deleted text end new text begin on one weekend
day new text end and state and federal holidays, must meet the requirements under section 245G.22,
subdivisions 6 and 7.

(c) The license holder must maintain a policy and procedure that includes specific
measures to reduce the possibility of diversion. The policy and procedure must:

(1) specifically identify and define the responsibilities of the medical and administrative
staff for performing diversion control measures; and

(2) include a process for contacting no less than five percent of clients who have
unsupervised use of medication, excluding clients approved solely under subdivision 6,
paragraph (a), to require clients to physically return to the program each month. The system
must require clients to return to the program within a stipulated time frame and turn in all
unused medication containers related to opioid use disorder treatment. The license holder
must document all related contacts on a central log and the outcome of the contact for each
client in the client's record. The medical director must be informed of each outcome that
results in a situation in which a possible diversion issue was identified.

(d) Medication used for the treatment of opioid use disorder must be ordered,
administered, and dispensed according to applicable state and federal regulations and the
standards set by applicable accreditation entities. If a medication order requires assessment
by the person administering or dispensing the medication to determine the amount to be
administered or dispensed, the assessment must be completed by an individual whose
professional scope of practice permits an assessment. For the purposes of enforcement of
this paragraph, the commissioner has the authority to monitor the person administering or
dispensing the medication for compliance with state and federal regulations and the relevant
standards of the license holder's accreditation agency and may issue licensing actions
according to sections 245A.05, 245A.06, and 245A.07, based on the commissioner's
determination of noncompliance.

(e) A counselor in an opioid treatment program must not supervise more than 50 clients.

(f) Notwithstanding paragraph (e), from July 1, 2023, to June 30, 2024, a counselor in
an opioid treatment program may supervise up to 60 clients. The license holder may continue
to serve a client who was receiving services at the program on June 30, 2024, at a counselor
to client ratio of up to one to 60 and is not required to discharge any clients in order to return
to the counselor to client ratio of one to 50. The license holder may not, however, serve a
new client after June 30, 2024, unless the counselor who would supervise the new client is
supervising fewer than 50 existing clients.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 48.

Minnesota Statutes 2023 Supplement, section 256.046, subdivision 3, is amended
to read:

Subd. 3.

Administrative disqualification of child care providers caring for children
receiving child care assistance.

(a) The department shall pursue an administrative
disqualification, if the child care provider is accused of committing an intentional program
violation, in lieu of a criminal action when it has not been pursued. Intentional program
violations include intentionally making false or misleading statements; intentionally
misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating
program regulations under chapters 119B and 245E. Intent may be proven by demonstrating
a pattern of conduct that violates program rules under chapters 119B and 245E.

(b) To initiate an administrative disqualification, the commissioner must deleted text begin mail deleted text end new text begin send new text end
written notice deleted text begin by certified mail deleted text end new text begin using a signature-verified confirmed delivery method new text end to the
provider against whom the action is being taken. Unless otherwise specified under chapter
119B or 245E or Minnesota Rules, chapter 3400, the commissioner must deleted text begin mail deleted text end new text begin send new text end the
written notice at least 15 calendar days before the adverse action's effective date. The notice
shall state (1) the factual basis for the agency's determination, (2) the action the agency
intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known,
and (4) the provider's right to appeal the agency's proposed action.

(c) The provider may appeal an administrative disqualification by submitting a written
request to the Department of Human Services, Appeals Division. A provider's request must
be received by the Appeals Division no later than 30 days after the date the commissioner
mails the notice.

(d) The provider's appeal request must contain the following:

(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;

(2) the computation the provider believes to be correct, if applicable;

(3) the statute or rule relied on for each disputed item; and

(4) the name, address, and telephone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.

(e) On appeal, the issuing agency bears the burden of proof to demonstrate by a
preponderance of the evidence that the provider committed an intentional program violation.

(f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The
human services judge may combine a fair hearing and administrative disqualification hearing
into a single hearing if the factual issues arise out of the same or related circumstances and
the provider receives prior notice that the hearings will be combined.

(g) A provider found to have committed an intentional program violation and is
administratively disqualified shall be disqualified, for a period of three years for the first
offense and permanently for any subsequent offense, from receiving any payments from
any child care program under chapter 119B.

(h) Unless a timely and proper appeal made under this section is received by the
department, the administrative determination of the department is final and binding.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 49.

Minnesota Statutes 2023 Supplement, section 256B.064, subdivision 4, is amended
to read:

Subd. 4.

Notice.

(a) The department shall serve the notice required under subdivision 2
deleted text begin by certified mail at deleted text end new text begin using a signature-verified confirmed delivery method to new text end the address
submitted to the department by the individual or entity. Service is complete upon mailing.

(b) The department shall give notice in writing to a recipient placed in the Minnesota
restricted recipient program under section 256B.0646 and Minnesota Rules, part 9505.2200.
The department shall send the notice by first class mail to the recipient's current address on
file with the department. A recipient placed in the Minnesota restricted recipient program
may contest the placement by submitting a written request for a hearing to the department
within 90 days of the notice being mailed.

Sec. 50.

Minnesota Statutes 2022, section 260E.33, subdivision 2, is amended to read:

Subd. 2.

Request for reconsideration.

(a) Except as provided under subdivision 5, an
individual or facility that the commissioner of human services, a local welfare agency, or
the commissioner of education determines has maltreated a child, an interested person acting
on behalf of the child, regardless of the determination, who contests the investigating agency's
final determination regarding maltreatment may request the investigating agency to reconsider
its final determination regarding maltreatment. The request for reconsideration must be
submitted in writing new text begin or submitted in the provider licensing and reporting hub new text end to the
investigating agency within 15 calendar days after receipt of notice of the final determination
regarding maltreatment or, if the request is made by an interested person who is not entitled
to notice, within 15 days after receipt of the notice by the parent or guardian of the child.
If mailed, the request for reconsideration must be postmarked and sent to the investigating
agency within 15 calendar days of the individual's or facility's receipt of the final
determination. If the request for reconsideration is made by personal service, it must be
received by the investigating agency within 15 calendar days after the individual's or facility's
receipt of the final determination. new text begin Upon implementation of the provider licensing and
reporting hub, the individual or facility must use the hub to request reconsideration. The
reconsideration must be received by the commissioner within 15 calendar days of the
individual's receipt of the notice of disqualification.
new text end

(b) An individual who was determined to have maltreated a child under this chapter and
who was disqualified on the basis of serious or recurring maltreatment under sections
245C.14 and 245C.15 may request reconsideration of the maltreatment determination and
the disqualification. The request for reconsideration of the maltreatment determination and
the disqualification must be submitted within 30 calendar days of the individual's receipt
of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request
for reconsideration of the maltreatment determination and the disqualification must be
postmarked and sent to the investigating agency within 30 calendar days of the individual's
receipt of the maltreatment determination and notice of disqualification. If the request for
reconsideration is made by personal service, it must be received by the investigating agency
within 30 calendar days after the individual's receipt of the notice of disqualification.

Sec. 51. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 245C.125, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, section 245C.08, subdivision 2, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, part 9502.0425, subparts 5 and 10, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H4393-1

245C.08 BACKGROUND STUDY; COMMISSIONER REVIEWS.

Subd. 2.

Background studies conducted by a county agency for family child care.

(a) Before the implementation of NETStudy 2.0, for a background study conducted by a county agency for family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for:

(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 13 through 23 living in the household where the licensed services will be provided; and

(ii) any other individual listed under section 245C.03, subdivision 1, when there is reasonable cause; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall include the records specified under paragraph (a) for the previous county or counties of residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider information obtained under paragraph (a), clause (3), unless:

(1) the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner; or

(2) the commissioner received notice of the expungement order issued pursuant to section 609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically to the commissioner.

245C.125 BACKGROUND STUDY; HEAD START PROGRAMS.

(a) Head Start programs that receive funds under section 119A.52 may contract with the commissioner to:

(1) conduct background studies on individuals affiliated with a Head Start program; and

(2) obtain background study data on individuals affiliated with a Head Start program.

(b) The commissioner must include a national criminal history record check in a background study conducted under paragraph (a).

(c) A Head Start program site that does not contract with the commissioner, is not licensed, and is not registered to receive payments under chapter 119B is exempt from the relevant requirements in this chapter. Nothing in this section supersedes requirements for background studies in this chapter or chapter 119B or 245H that relate to licensed child care programs or programs registered to receive payments under chapter 119B. For a background study conducted under this section to be transferable to other child care entities, the study must include all components of studies for a certified license-exempt child care center under this chapter.

Repealed Minnesota Rule: H4393-1

9502.0425 PHYSICAL ENVIRONMENT.

Subp. 5.

Occupancy separations.

Day care residences with an attached garage must have a self-closing, tight fitting solid wood bonded core door at least 1-3/8 inch thick, or door with a fire protection rating of 20 minutes or greater and a separation wall consisting of 5/8 inch thick gypsum wallboard or its equivalent on the garage side between the residence and garage.

Subp. 10.

Stairways.

All stairways must meet the following conditions.

A.

Stairways of three or more steps must have handrails.

B.

Any open area between the handrail and stair tread must be enclosed with a protective guardrail as specified in the State Building Code. The back of the stair risers must be enclosed.

C.

Gates or barriers must be used when children between the ages of 6 and 18 months are in care.

D.

Stairways must be well-lighted, in good repair, and free of clutter and obstructions.