1.1 	A bill for an act
1.2 	relating to human services; making changes to licensing provisions, including 
1.3 	data practices, disqualifications, and background study requirements; providing 
1.4 	alternate supervision technology for adult foster care licensing;amending 
1.5 	Minnesota Statutes 2008, sections 13.46, subdivisions 3, 4; 147C.01; 147C.05; 
1.6 	147C.10; 147C.15; 147C.20; 147C.25; 147C.30; 147C.35; 147C.40; 245A.03, 
1.7 	subdivision 2; 245A.04, subdivisions 5, 7; 245A.05; 245A.06, subdivision 8; 
1.8 	245A.07, subdivisions 1, 3, 5; 245A.11, by adding a subdivision; 245A.1435; 
1.9 	245A.16, subdivision 1; 245A.50, subdivision 5; 245C.03, subdivision 4; 
1.10 	245C.04, subdivision 1; 245C.07; 245C.08; 245C.13, subdivision 2; 245C.14, 
1.11 	subdivision 2; 245C.15, subdivisions 1, 2, 3, 4; 245C.22, subdivision 7; 245C.24, 
1.12 	subdivisions 2, 3; 245C.25; 245C.27, subdivision 1; 245C.301; 256.045, 
1.13 	subdivisions 3, 3b; 299C.61, subdivision 6; 299C.62, subdivisions 3, 4; 626.556, 
1.14 	subdivisions 2, 10e, 10f; 626.557, subdivisions 9c, 12b; 626.5572, subdivision 
1.15 	13; repealing Minnesota Statutes 2008, section 245C.10, subdivision 1.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	ARTICLE 1
1.18 	DATA PRACTICES

1.19 	Section 1. Minnesota Statutes 2008, section 13.46, subdivision 3, is amended to read:
1.20 		Subd. 3.Investigative data. (a) Data on persons, including data on vendors of 
1.21 	services and data on, licensees, and applicants, that is collected, maintained, used, or 
1.22 	disseminated by the welfare system in an investigation, authorized by statute and relating 
1.23 	to the enforcement of rules or law, is confidential data on individuals pursuant to section 
1.24 	13.02, subdivision 3, or protected nonpublic data not on individuals pursuant to section 
1.25 	13.02, subdivision 13, and shall not be disclosed except: 
1.26 	(1) pursuant to section 13.05; 
1.27 	(2) pursuant to statute or valid court order;
2.1 	(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 
2.2 	preparation of defense; or
2.3 	(4) to provide notices required or permitted by statute.
2.4 	The data referred to in this subdivision shall be classified as public data upon 
2.5 	its submission to an administrative law judge or court in an administrative or judicial 
2.6 	proceeding. Inactive welfare investigative data shall be treated as provided in section 
2.7 	13.39, subdivision 3. 
2.8 	(b) Notwithstanding any other provision in law, the commissioner of human services 
2.9 	shall provide all active and inactive investigative data, including the name of the reporter 
2.10 	of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental 
2.11 	health and developmental disabilities upon the request of the ombudsman. 

2.12 	Sec. 2. Minnesota Statutes 2008, section 13.46, subdivision 4, is amended to read:
2.13 		Subd. 4.Licensing data. (a) As used in this subdivision:
2.14 	(1) "licensing data" means all data collected, maintained, used, or disseminated by 
2.15 	the welfare system pertaining to persons licensed or registered or who apply for licensure 
2.16 	or registration or who formerly were licensed or registered under the authority of the 
2.17 	commissioner of human services;
2.18 	(2) "client" means a person who is receiving services from a licensee or from an 
2.19 	applicant for licensure; and
2.20 	(3) "personal and personal financial data" means Social Security numbers, identity 
2.21 	of and letters of reference, insurance information, reports from the Bureau of Criminal 
2.22 	Apprehension, health examination reports, and social/home studies.
2.23 	(b)(1) Except as provided in paragraph (c), the following data on applicants, license 
2.24 	holders, and former licensees are public: name, address, telephone number of licensees, 
2.25 	date of receipt of a completed application, dates of licensure, licensed capacity, type of 
2.26 	client preferred, variances granted, record of training and education in child care and child 
2.27 	development, type of dwelling, name and relationship of other family members, previous 
2.28 	license history, class of license, the existence and status of complaints, and the number 
2.29 	of serious injuries to or deaths of individuals in the licensed program as reported to the 
2.30 	commissioner of human services, the local social services agency, or any other county 
2.31 	welfare agency. For purposes of this clause, a serious injury is one that is treated by 
2.32 	a physician. When a correction order or, an order to forfeit a  fine, an order of license 
2.33 	suspension, an order of temporary immediate suspension, an order of license revocation, 
2.34 	an order of license denial, or an order of conditional license has been issued, a license is 
2.35 	suspended, immediately suspended, revoked, denied, or made conditional, or a complaint 
3.1 	is resolved, the following data on current and former licensees and applicants are public: 
3.2 	the substance and investigative findings of the licensing or maltreatment complaint, 
3.3 	licensing violation, or substantiated maltreatment; the record of informal resolution of a 
3.4 	licensing violation; orders of hearing; findings of fact; conclusions of law; specifications of 
3.5 	the final correction order, fine, suspension, temporary immediate suspension, revocation, 
3.6 	denial, or conditional license contained in the record of licensing action; whether a fine 
3.7 	has been paid; and the status of any appeal of these actions. If a licensing sanction under 
3.8 	section 245A.07, or a license denial under section 245A.05, is based on a determination 
3.9 	that the license holder or applicant is responsible for maltreatment or is disqualified under 
3.10 	chapter 245C, the identity of the license holder or applicant as the individual responsible 
3.11 	for maltreatment or as the disqualified individual is public data at the time of the issuance 
3.12 	of the licensing sanction or denial.
3.13 	(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 
3.14 	when any person subject to disqualification under section 245C.14 in connection with a 
3.15 	license to provide family day care for children, child care center services, foster care 
3.16 	for children in the provider's home, or foster care or day care services for adults in the 
3.17 	provider's home is a substantiated perpetrator of maltreatment, and the substantiated 
3.18 	maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 
3.19 	of maltreatment is public data. For purposes of this clause, a person is a substantiated 
3.20 	perpetrator if the maltreatment determination has been upheld under section 256.045; 
3.21 	626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or 
3.22 	facility has not timely exercised appeal rights under these sections, except as provided 
3.23 	under clause (1).
3.24 	(3) For applicants who withdraw their application prior to licensure or denial of a 
3.25 	license, the following data are public: the name of the applicant, the city and county in 
3.26 	which the applicant was seeking licensure, the dates of the commissioner's receipt of the 
3.27 	initial application and completed application, the type of license sought, and the date 
3.28 	of withdrawal of the application.
3.29 	(4) For applicants who are denied a license, the following data are public: the name 
3.30 	and address of the applicant, the city and county in which the applicant was seeking 
3.31 	licensure, the dates of the commissioner's receipt of the initial application and completed 
3.32 	application, the type of license sought, the date of denial of the application, the nature of 
3.33 	the basis for the denial, the record of informal resolution of a denial, orders of hearings, 
3.34 	findings of fact, conclusions of law, specifications of the final order of denial, and the 
3.35 	status of any appeal of the denial.
4.1 	(5) The following data on persons subject to disqualification under section 245C.14
4.2 	in connection with a license to provide family day care for children, child care center 
4.3 	services, foster care for children in the provider's home, or foster care or day care services 
4.4 	for adults in the provider's home, are public: the nature of any disqualification set 
4.5 	aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the 
4.6 	disqualification; the nature of any disqualification for which a variance was granted under 
4.7 	sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance 
4.8 	under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person 
4.9 	subject to a background study under section 245C.03, subdivision 1, has successfully 
4.10 	passed a background study. If a licensing sanction under section 245A.07, or a license 
4.11 	denial under section 245A.05, is based on a determination that an individual subject to 
4.12 	disqualification under chapter 245C is disqualified, the disqualification as a basis for the 
4.13 	licensing sanction or denial is public data. As specified in clause (1), if the disqualified 
4.14 	individual is the license holder or applicant, the identity of the license holder or applicant 
4.15 	is public data. If the disqualified individual is an individual other than the license holder 
4.16 	or applicant, the identity of the disqualified individual shall remain private data.
4.17 	(6) When maltreatment is substantiated under section 626.556 or 626.557 and the 
4.18 	victim and the substantiated perpetrator are affiliated with a program licensed under 
4.19 	chapter 245A, the commissioner of human services, local social services agency, or 
4.20 	county welfare agency may inform the license holder where the maltreatment occurred of 
4.21 	the identity of the substantiated perpetrator and the victim.
4.22 	(7) Notwithstanding clause (1), for child foster care, only the name of the license 
4.23 	holder and the status of the license are public if the county attorney has requested that data 
4.24 	otherwise classified as public data under clause (1) be considered private data based on the 
4.25 	best interests of a child in placement in a licensed program.
4.26 	(c) The following are private data on individuals under section 13.02, subdivision 
4.27 	12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial 
4.28 	data on family day care program and family foster care program applicants and licensees 
4.29 	and their family members who provide services under the license.
4.30 	(d) The following are private data on individuals: the identity of persons who have 
4.31 	made reports concerning licensees or applicants that appear in inactive investigative data, 
4.32 	and the records of clients or employees of the licensee or applicant for licensure whose 
4.33 	records are received by the licensing agency for purposes of review or in anticipation of a 
4.34 	contested matter. The names of reporters of complaints or alleged violations of licensing 
4.35 	standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
5.1 	under sections 626.556 and 626.557, are confidential data and may be disclosed only as 
5.2 	provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
5.3 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under 
5.4 	this subdivision become public data if submitted to a court or administrative law judge as 
5.5 	part of a disciplinary proceeding in which there is a public hearing concerning a license 
5.6 	which has been suspended, immediately suspended, revoked, or denied.
5.7 	(f) Data generated in the course of licensing investigations that relate to an alleged 
5.8 	violation of law are investigative data under subdivision 3.
5.9 	(g) Data that are not public data collected, maintained, used, or disseminated under 
5.10 	this subdivision that relate to or are derived from a report as defined in section 626.556, 
5.11 	subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of 
5.12 	sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
5.13 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
5.14 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
5.15 	defined in section 626.556 or 626.557 may be exchanged with the Department of Health 
5.16 	for purposes of completing background studies pursuant to section 144.057 and with 
5.17 	the Department of Corrections for purposes of completing background studies pursuant 
5.18 	to section 241.021.
5.19 	(i) Data on individuals collected according to licensing activities under chapters 
5.20 	245A and 245C, and data on individuals collected by the commissioner of human services 
5.21 	according to maltreatment investigations under sections 626.556 and 626.557, may be 
5.22 	shared with the Department of Human Rights, the Department of Health, the Department 
5.23 	of Corrections, the ombudsman for mental health and developmental disabilities, and 
5.24 	the individual's professional regulatory board when there is reason to believe that laws 
5.25 	or standards under the jurisdiction of those agencies may have been violated. Unless 
5.26 	otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or 
5.27 	licensing violations may not be disclosed.
5.28 	(j) In addition to the notice of determinations required under section 626.556, 
5.29 	subdivision 10f, if the commissioner or the local social services agency has determined 
5.30 	that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 
5.31 	abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 
5.32 	services agency knows that the individual is a person responsible for a child's care in 
5.33 	another facility, the commissioner or local social services agency shall notify the head 
5.34 	of that facility of this determination. The notification must include an explanation of the 
5.35 	individual's available appeal rights and the status of any appeal. If a notice is given under 
6.1 	this paragraph, the government entity making the notification shall provide a copy of the 
6.2 	notice to the individual who is the subject of the notice.
6.3 	(k) All not public data collected, maintained, used, or disseminated under this 
6.4 	subdivision and subdivision 3 may be exchanged between the Department of Human 
6.5 	Services, Licensing Division, and the Department of Corrections for purposes of 
6.6 	regulating services for which the Department of Human Services and the Department 
6.7 	of Corrections have regulatory authority.

6.8 	ARTICLE 2
6.9 	LICENSING

6.10 	Section 1. Minnesota Statutes 2008, section 147C.01, is amended to read:
6.11 	147C.01 DEFINITIONS.
6.12 		Subdivision 1.Applicability. The definitions in this section apply to this chapter.
6.13 		Subd. 2.Advisory council. "Advisory council" means the Respiratory Care 
6.14 	Practitioner Advisory Council established under section 147C.35.  
6.15 		Subd. 3.Approved education program. "Approved education program" means a 
6.16 	university, college, or other postsecondary education program leading to eligibility for 
6.17 	registry or certification in respiratory care, that, at the time the student completes the 
6.18 	program, is accredited by a national accrediting organization approved by the board.
6.19 		Subd. 4.Board. "Board" means the Board of Medical Practice or its designee.
6.20 		Subd. 5.Contact hour. "Contact hour" means an instructional session of 50 
6.21 	consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and 
6.22 	social activities.
6.23 		Subd. 6.Credential. "Credential" means a license, permit, certification, registration,
6.24 	or other evidence of qualification or authorization to engage in respiratory care practice in 
6.25 	this state or any other state.
6.26 		Subd. 7.Credentialing examination. "Credentialing examination" means an 
6.27 	examination administered by the National Board for Respiratory Care or other national 
6.28 	testing organization approved by the board, its successor organization, or the Canadian 
6.29 	Society for Respiratory Care for credentialing as a certified respiratory therapy technician, 
6.30 	registered respiratory therapist, or other title indicating an entry or advanced level 
6.31 	respiratory care practitioner.
6.32 		Subd. 8.Health care facility. "Health care facility" means a hospital as defined in 
6.33 	section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision 
6.34 	1, paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a 
7.1 	long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's 
7.2 	office, a rehabilitation facility, or a hospice.  
7.3 		Subd. 9.Qualified medical direction. "Qualified medical direction" means 
7.4 	direction from a licensed physician who is on the staff or is a consultant of a health care 
7.5 	facility or home care agency or home medical equipment provider and who has a special 
7.6 	interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities, 
7.7 	and diseases of the cardiopulmonary system.
7.8 		Subd. 10.Respiratory care. "Respiratory care" means the provision of services 
7.9 	described under section 147C.05 for the assessment, treatment, education, management, 
7.10 	evaluation, and care of patients with deficiencies, abnormalities, and diseases of the 
7.11 	cardiopulmonary system, under the guidance of qualified medical direction supervision of 
7.12 	a physician and pursuant to a referral, or verbal, written, or telecommunicated order from 
7.13 	a physician who has medical responsibility for the patient, nurse practitioner, or physician 
7.14 	assistant. It Respiratory care includes, but is not limited to, education pertaining to health 
7.15 	promotion,and disease prevention and management, patient care, and treatment.  

7.16 	Sec. 2. Minnesota Statutes 2008, section 147C.05, is amended to read:
7.17 	147C.05 SCOPE OF PRACTICE.
7.18 	(a) The practice of respiratory care by a registered licensed respiratory care 
7.19 	practitioner therapist includes, but is not limited to, the following services:
7.20 	(1) providing and monitoring therapeutic administration of medical gases, aerosols, 
7.21 	humidification, and pharmacological agents related to respiratory care procedures, but not 
7.22 	including administration of general anesthesia;
7.23 	(2) carrying out therapeutic application and monitoring of mechanical ventilatory 
7.24 	support;
7.25 	(3) providing cardiopulmonary resuscitation and maintenance of natural airways and 
7.26 	insertion and maintenance of artificial airways;
7.27 	(4) assessing and monitoring signs, symptoms, and general behavior relating to, and 
7.28 	general physical response to, respiratory care treatment or evaluation for treatment and 
7.29 	diagnostic testing, including determination of whether the signs, symptoms, reactions, 
7.30 	behavior, or general response exhibit abnormal characteristics;
7.31 	(5) obtaining physiological specimens and interpreting physiological data including:
7.32 	(i) analyzing arterial and venous blood gases;
7.33 	(ii) assessing respiratory secretions;
7.34 	(iii) measuring ventilatory volumes, pressures, and flows;
7.35 	(iv) testing pulmonary function;
8.1 	(v) testing and studying the cardiopulmonary system; and
8.2 	(vi) diagnostic and therapeutic testing of breathing patterns related to sleep disorders;
8.3 	(6) assisting hemodynamic monitoring and support of the cardiopulmonary system;
8.4 	(7) assessing and making suggestions for modifications in the treatment regimen 
8.5 	based on abnormalities, protocols, or changes in patient response to respiratory care 
8.6 	treatment;
8.7 	(8) providing cardiopulmonary rehabilitation including respiratory-care related 
8.8 	educational components, postural drainage, chest physiotherapy, breathing exercises, 
8.9 	aerosolized administration of medications, and equipment use and maintenance;
8.10 	(9) instructing patients and their families in techniques for the prevention, alleviation, 
8.11 	and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary 
8.12 	system; and
8.13 	(10) transcribing and implementing verbal, written, or telecommunicated orders from 
8.14 	a physician, nurse practitioner, or physician assistantorders for respiratory care services.
8.15 	(b) Patient service by a practitioner must be limited to:
8.16 	(1) services within the training and experience of the practitioner; and
8.17 	(2) services within the parameters of the laws, rules, and standards of the facilities in 
8.18 	which the respiratory care practitioner practices.
8.19 	(c) Respiratory care services provided by a registered respiratory care practitioner, 
8.20 	whether delivered in a health care facility or the patient's residence, must not be provided 
8.21 	except upon referral from a physician.
8.22 	(b) This section does not prohibit a respiratory therapist from performing advances 
8.23 	in the art and techniques of respiratory care learned through formal or specialized training 
8.24 	as approved by the Respiratory Care Advisory Council.
8.25 	(d) (c) This section does not prohibit an individual licensed or registered credentialed
8.26 	as a respiratory therapist in another state or country from providing respiratory care in an 
8.27 	emergency in this state, providing respiratory care as a member of an organ harvesting 
8.28 	team, or from providing respiratory care on board an ambulance as part of an ambulance 
8.29 	treatment team.

8.30 	Sec. 3. Minnesota Statutes 2008, section 147C.10, is amended to read:
8.31 	147C.10 UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES 
8.32 	AND RESTRICTIONS ON USE.
8.33 		Subdivision 1.Protected titles. No individual may A person who does not hold 
8.34 	a license or temporary permit under this chapter as a respiratory therapist or whose 
8.35 	license or permit has lapsed, been suspended, or revoked may not use the title "Minnesota
9.1 	registered licensed respiratory care practitioner therapist," "registered licensed respiratory 
9.2 	care practitioner therapist," "respiratory care practitioner," "respiratory therapist," 
9.3 	"respiratory therapy (or care) technician," "inhalation therapist," or "inhalation therapy 
9.4 	technician," or use, in connection with the individual's name, the letters "RCP," "RT" or 
9.5 	"LRT" or any other titles, words, letters, abbreviations, or insignia indicating or implying 
9.6 	that the individual is eligible for registration licensure by the state as a respiratory care 
9.7 	practitioner therapist unless the individual has been registered licensed as a respiratory 
9.8 	care practitioner therapist according to this chapter.
9.9 		Subd. 1a.Unlicensed practice prohibited. No person shall practice respiratory 
9.10 	care unless the person is licensed as a respiratory therapist under this chapter except 
9.11 	as otherwise provided under this chapter.
9.12 		Subd. 2.Other health care practitioners. (a) Nonphysician individuals practicing 
9.13 	in a health care occupation or profession are not restricted in the provision of services 
9.14 	included in section 147C.05, as long as they do not hold themselves out as respiratory care 
9.15 	practitioners by or through the use of the titles provided in subdivision 1 in association 
9.16 	with provision of these services.Nothing in this chapter shall prohibit the practice of any 
9.17 	profession or occupation licensed or registered by the state by any person duly licensed or 
9.18 	registered to practice the profession or occupation or to perform any act that falls within 
9.19 	the scope of practice of the profession or occupation.
9.20 	(b) Physician practitioners are exempt from this chapter.
9.21 	(c) Nothing in this chapter shall be construed to require registration of a respiratory 
9.22 	care license for:
9.23 	(1) a respiratory care practitioner student enrolled in a respiratory therapy or 
9.24 	polysomnography technology education program accredited by the Commission on 
9.25 	Accreditation of Allied Health Education Programs, its successor organization, or another 
9.26 	nationally recognized accrediting organization approved by the board; and
9.27 	(2) a respiratory care practitioner employed in the service of the federal government
9.28 	therapist as a member of the United States armed forces while performing duties incident 
9.29 	to that employment duty;
9.30 	(3) an individual employed by a durable medical equipment provider or a home 
9.31 	medical equipment provider who delivers, sets up, or maintains respiratory care 
9.32 	equipment, but does not perform assessment, education, or evaluation of the patient;
9.33 	(4) self-care by a patient or gratuitous care by a friend or relative who does not 
9.34 	purport to be a licensed respiratory therapist; or
9.35 	(5) an individual employed in a sleep lab or center as a polysomnographic 
9.36 	technologist under the supervision of a licensed physician.
10.1 		Subd. 3.Penalty. A person who violates subdivision 1this section is guilty of a 
10.2 	gross misdemeanor.
10.3 		Subd. 4.Identification of registered licensed practitioners. Respiratory care 
10.4 	practitioners registered therapists licensed in Minnesota shall wear name tags that identify 
10.5 	them as respiratory care practitioners therapists while in a professional setting. If not 
10.6 	written in full, this must be designated as RCP "RT" or "LRT". A student attending a an 
10.7 	accredited respiratory therapy training education program or a tutorial intern program
10.8 	must be identified as a student respiratory care practitioner therapist. This abbreviated 
10.9 	designation is Student RCP RT. Unregulated individuals who work in an assisting 
10.10 	respiratory role under the supervision of respiratory care practitioners therapists must be 
10.11 	identified as respiratory care therapy assistants or aides.

10.12 	Sec. 4. Minnesota Statutes 2008, section 147C.15, is amended to read:
10.13 	147C.15 REGISTRATION LICENSURE REQUIREMENTS.
10.14 		Subdivision 1.General requirements for registration licensure. To be eligible 
10.15 	for registration a license, an applicant, with the exception of those seeking registration
10.16 	licensure by reciprocity under subdivision 2, must:
10.17 	(1) submit a completed application on forms provided by the board along with all 
10.18 	fees required under section 147C.40 that includes:  
10.19 	(i) the applicant's name, Social Security number, home address, e-mail address, and 
10.20 	telephone number, and business address and telephone number;
10.21 	(ii) the name and location of the respiratory care therapy education program the 
10.22 	applicant completed;
10.23 	(iii) a list of degrees received from educational institutions;
10.24 	(iv) a description of the applicant's professional training beyond the first degree 
10.25 	received;
10.26 	(v) the applicant's work history for the five years preceding the application, including 
10.27 	the average number of hours worked per week;
10.28 	(vi) a list of registrations, certifications, and licenses held in other jurisdictions;
10.29 	(vii) a description of any other jurisdiction's refusal to credential the applicant;
10.30 	(viii) a description of all professional disciplinary actions initiated against the 
10.31 	applicant in any jurisdiction; and
10.32 	(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
10.33 	(2) submit a certificate of completion from an approved education program;
10.34 	(3) achieve a qualifying score on a credentialing examination within five years 
10.35 	prior to application for registration;
11.1 	(4) submit a verified copy of a valid and current credential, issued by the National 
11.2 	Board for Respiratory Care or other board-approved national organization, as a certified 
11.3 	respiratory therapy technician therapist, registered respiratory therapist, or other entry or 
11.4 	advanced level respiratory care practitioner therapist designation;
11.5 	(5) submit additional information as requested by the board, including providing 
11.6 	any additional information necessary to ensure that the applicant is able to practice with 
11.7 	reasonable skill and safety to the public;
11.8 	(6) sign a statement that the information in the application is true and correct to the 
11.9 	best of the applicant's knowledge and belief; and
11.10 	(7) sign a waiver authorizing the board to obtain access to the applicant's records 
11.11 	in this or any other state in which the applicant has completed an approved education 
11.12 	program or engaged in the practice of respiratory care therapy.
11.13 		Subd. 2.Registration Licensure by reciprocity. To be eligible for registration
11.14 	licensure by reciprocity, the applicant must be credentialed by the National Board for 
11.15 	Respiratory Care or other board-approved organization and have worked at least eight 
11.16 	weeks of the previous five years as a respiratory care practitioner therapist and must:
11.17 	(1) submit the application materials and fees as required by subdivision 1, clauses 
11.18 	(1), (4), (5), (6), and (7);
11.19 	(2) provide a verified copy from the appropriate government body of a current and 
11.20 	unrestricted credential  or license for the practice of respiratory care therapy in another 
11.21 	jurisdiction that has initial credentialing requirements equivalent to or higher than the 
11.22 	requirements in subdivision 1; and
11.23 	(3) provide letters of verification from the appropriate government body in each 
11.24 	jurisdiction in which the applicant holds a credential or license. Each letter must state the 
11.25 	applicant's name, date of birth, credential number, date of issuance, a statement regarding 
11.26 	disciplinary actions, if any, taken against the applicant, and the terms under which the 
11.27 	credential was issued.
11.28 		Subd. 3.Temporary permit. The board may issue a temporary permit to practice 
11.29 	as a respiratory care practitioner therapist to an applicant eligible for registration
11.30 	licensure under this section if the application for registration licensure is complete, all 
11.31 	applicable requirements in this section have been met, and a nonrefundable fee set by 
11.32 	the board has been paid. The permit remains valid only until the meeting of the board 
11.33 	at which a decision is made on the respiratory care practitioner's therapist's application 
11.34 	for registration licensure.
11.35 		Subd. 4.Temporary registration. The board may issue temporary registration as a 
11.36 	respiratory care practitioner for a period of one year to an applicant for registration under 
12.1 	this section if the application for registration is complete, all applicable requirements 
12.2 	have been met with exception of completion of a credentialing examination, and a 
12.3 	nonrefundable fee set by the board has been paid. A respiratory care practitioner with 
12.4 	temporary registration may qualify for full registration status upon submission of verified 
12.5 	documentation that the respiratory care practitioner has achieved a qualifying score on a 
12.6 	credentialing examination within one year after receiving temporary registration status. 
12.7 	Temporary registration may not be renewed.
12.8 		Subd. 5.Practice limitations with temporary registration. A respiratory care 
12.9 	practitioner with temporary registration is limited to working under the direct supervision 
12.10 	of a registered respiratory care practitioner or physician able to provide qualified medical 
12.11 	direction. The respiratory care practitioner or physician must be present in the health care 
12.12 	facility or readily available by telecommunication at the time the respiratory care services 
12.13 	are being provided. A registered respiratory care practitioner may supervise no more than 
12.14 	two respiratory care practitioners with temporary registration status.
12.15 		Subd. 6.RegistrationLicense expiration. Registrations Licenses issued under this 
12.16 	chapter expire annually.
12.17 		Subd. 7.Renewal. (a) To be eligible for registration license renewal a registrant
12.18 	licensee must:
12.19 	(1) annually, or as determined by the board, complete a renewal application on a 
12.20 	form provided by the board;
12.21 	(2) submit the renewal fee;
12.22 	(3) provide evidence every two years of a total of 24 hours of continuing education 
12.23 	approved by the board as described in section 147C.25; and  
12.24 	(4) submit any additional information requested by the board to clarify information 
12.25 	presented in the renewal application. The information must be submitted within 30 days 
12.26 	after the board's request, or the renewal request is nullified.
12.27 	(b) Applicants for renewal who have not practiced the equivalent of eight full weeks 
12.28 	during the past five years must achieve a passing score on retaking the credentialing 
12.29 	examination, or complete no less than eight weeks of advisory council-approved 
12.30 	supervised clinical experience having a broad base of treatment modalities and patient care.
12.31 		Subd. 8.Change of address. A registrant licensee who changes addresses must 
12.32 	inform the board within 30 days, in writing, of the change of address. All notices or 
12.33 	other correspondence mailed to or served on a registrant licensee by the board at the 
12.34 	registrant's licensee's address on file with the board shall be considered as having been 
12.35 	received by the registrant licensee.
13.1 		Subd. 9.Registration License renewal notice. At least 30 days before the 
13.2 	registration license renewal date, the board shall send out a renewal notice to the last 
13.3 	known address of the registrant licensee on file. The notice must include a renewal 
13.4 	application and a notice of fees required for renewal. It must also inform the registrant
13.5 	licensee that registration the license will expire without further action by the board if an 
13.6 	application for registration license renewal is not received before the deadline for renewal. 
13.7 	The registrant's licensee's failure to receive this notice shall not relieve the registrant
13.8 	licensee of the obligation to meet the deadline and other requirements for registration
13.9 	license renewal. Failure to receive this notice is not grounds for challenging expiration of 
13.10 	registered licensure status.
13.11 		Subd. 10.Renewal deadline. The renewal application and fee must be postmarked 
13.12 	on or before July 1 of the year of renewal or as determined by the board. If the postmark is 
13.13 	illegible, the application shall be considered timely if received by the third working day 
13.14 	after the deadline.
13.15 		Subd. 11.Inactive status and return to active status. (a) A registration may be 
13.16 	placed in inactive status upon application to the board by the registrant and upon payment 
13.17 	of an inactive status fee.
13.18 	(b) Registrants seeking restoration to active from inactive status must pay the current 
13.19 	renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal 
13.20 	specified in subdivision 7, including continuing education hours equivalent to one hour for 
13.21 	each month of inactive status, prior to submitting an application to regain registered status. 
13.22 	If the inactive status extends beyond five years, a qualifying score on a credentialing 
13.23 	examination, or completion of an advisory council-approved eight-week supervised 
13.24 	clinical training experience is required. If the registrant intends to regain active registration 
13.25 	by means of eight weeks of advisory council-approved clinical training experience, the 
13.26 	registrant shall be granted temporary registration for a period of no longer than six months.
13.27 		Subd. 12.Registration Licensure following lapse of registration licensed status 
13.28 	for two years or less. For any individual whose registration status license has lapsed for 
13.29 	two years or less, to regain registration status a license, the individual must:
13.30 	(1) apply for registration license renewal according to subdivision 7;
13.31 	(2) document compliance with the continuing education requirements of section 
13.32 	147C.25 since the registrant's licensee's initial registration licensure or last renewal; and  
13.33 	(3) submit the fees required under section 147C.40 for the period not registered
13.34 	licensed, including the fee for late renewal.  
13.35 		Subd. 13.Cancellation due to nonrenewal. The board shall not renew, reissue, 
13.36 	reinstate, or restore a registration license that has lapsed and has not been renewed within 
14.1 	two annual registration renewal cycles starting July 1997. A registrant licensee whose 
14.2 	registration license is canceled for nonrenewal must obtain a new registration license by 
14.3 	applying for registration licensure and fulfilling all requirements then in existence for 
14.4 	initial registration licensure as a respiratory care practitioner therapist.
14.5 		Subd. 14.Cancellation of registration license in good standing. (a) A registrant
14.6 	licensee holding an active registration license as a respiratory care practitioner therapist in 
14.7 	the state may, upon approval of the board, be granted registration license cancellation if 
14.8 	the board is not investigating the person as a result of a complaint or information received 
14.9 	or if the board has not begun disciplinary proceedings against the registrant licensee. 
14.10 	Such action by the board shall be reported as a cancellation of registration a license in 
14.11 	good standing.
14.12 	(b) A registrant licensee who receives board approval for registration license
14.13 	cancellation is not entitled to a refund of any registration licensure fees paid for the 
14.14 	registration license year in which cancellation of the registration license occurred.
14.15 	(c) To obtain registration a license after cancellation, a registrant licensee must 
14.16 	obtain a new registration license by applying for registration licensure and fulfilling the 
14.17 	requirements then in existence for obtaining initial registration licensure as a respiratory 
14.18 	care practitioner therapist.

14.19 	Sec. 5. Minnesota Statutes 2008, section 147C.20, is amended to read:
14.20 	147C.20 BOARD ACTION ON APPLICATIONS FOR REGISTRATION
14.21 	LICENSURE.
14.22 	(a) The board shall act on each application for registration licensure according 
14.23 	to paragraphs (b) to (d).
14.24 	(b) The board shall determine if the applicant meets the requirements for registration
14.25 	licensure under section 147C.15. The board or advisory council may investigate 
14.26 	information provided by an applicant to determine whether the information is accurate 
14.27 	and complete.  
14.28 	(c) The board shall notify each applicant in writing of action taken on the application, 
14.29 	the grounds for denying registration licensure if registration licensure is denied, and the 
14.30 	applicant's right to review under paragraph (d).
14.31 	(d) Applicants denied registration licensure may make a written request to the 
14.32 	board, within 30 days of the board's notice, to appear before the advisory council or its 
14.33 	designee and for the advisory council to review the board's decision to deny the applicant's 
14.34 	registration licensure. After reviewing the denial, the advisory council shall make a 
15.1 	recommendation to the board as to whether the denial shall be affirmed. Each applicant is 
15.2 	allowed only one request for review per yearly registration licensure period.

15.3 	Sec. 6. Minnesota Statutes 2008, section 147C.25, is amended to read:
15.4 	147C.25 CONTINUING EDUCATION REQUIREMENTS.
15.5 		Subdivision 1.Number of required contact hours. Two years after the date 
15.6 	of initial registration licensure, and every two years thereafter, a registrant licensee
15.7 	applying for registration license renewal must complete a minimum of 24 contact hours 
15.8 	of board-approved continuing education in the two years preceding registration license
15.9 	renewal and attest to completion of continuing education requirements by reporting to 
15.10 	the board.
15.11 		Subd. 2.Approved programs. The board shall approve continuing education 
15.12 	programs that have been approved for continuing education credit by the American 
15.13 	Association of Respiratory Care or the Minnesota Society for Respiratory Care or their 
15.14 	successor organizations. The board shall also approve programs substantially related to 
15.15 	respiratory care therapy that are sponsored by an accredited university or college, medical 
15.16 	school, state or national medical association, national medical specialty society, or that are 
15.17 	approved for continuing education credit by the Minnesota Board of Nursing.
15.18 		Subd. 3.Approval of continuing education programs. The board shall also 
15.19 	approve continuing education programs that do not meet the requirements of subdivision 2 
15.20 	but that meet the following criteria:
15.21 	(1) the program content directly relates to the practice of respiratory care therapy;
15.22 	(2) each member of the program faculty is knowledgeable in the subject matter as 
15.23 	demonstrated by a degree from an accredited education program, verifiable experience in 
15.24 	the field of respiratory care therapy, special training in the subject matter, or experience 
15.25 	teaching in the subject area;
15.26 	(3) the program lasts at least one contact hour;
15.27 	(4) there are specific, measurable, written objectives, consistent with the program, 
15.28 	describing the expected outcomes for the participants; and
15.29 	(5) the program sponsor has a mechanism to verify participation and maintains 
15.30 	attendance records for three years.
15.31 		Subd. 4.Hospital, health care facility, or medical company in-services. Hospital, 
15.32 	health care facility, or medical company in-service programs may qualify for continuing 
15.33 	education credits provided they meet the requirements of this section.
16.1 		Subd. 5.Accumulation of contact hours. A registrant licensee may not apply 
16.2 	contact hours acquired in one two-year reporting period to a future continuing education 
16.3 	reporting period.
16.4 		Subd. 6.Verification of continuing education credits. The board shall periodically 
16.5 	select a random sample of registrants licensees and require those registrants licensees to 
16.6 	supply the board with evidence of having completed the continuing education to which 
16.7 	they attested. Documentation may come directly from the registrant licensee or from state 
16.8 	or national organizations that maintain continuing education records.
16.9 		Subd. 7.Restriction on continuing education topics. A registrant licensee may 
16.10 	apply no more than a combined total of eight hours of continuing education in the areas 
16.11 	of management, risk management, personal growth, and educational techniques to a 
16.12 	two-year reporting period.
16.13 		Subd. 8.Credit for credentialing examination. A registrant licensee may fulfill 
16.14 	the continuing education requirements for a two-year reporting period by achieving a 
16.15 	qualifying score on one of the credentialing examinations or a specialty credentialing 
16.16 	examination of the National Board for Respiratory Care or another board-approved testing 
16.17 	organization. A registrant licensee may achieve 12 hours of continuing education credit 
16.18 	by completing a National Board for Respiratory Care or other board-approved testing 
16.19 	organization's specialty examination.

16.20 	Sec. 7. Minnesota Statutes 2008, section 147C.30, is amended to read:
16.21 	147C.30 DISCIPLINE; REPORTING.
16.22 	For purposes of this chapter, registered licensed respiratory care practitioners
16.23 	therapists and applicants are subject to the provisions of sections 147.091 to 147.162.  

16.24 	Sec. 8. Minnesota Statutes 2008, section 147C.35, is amended to read:
16.25 	147C.35 RESPIRATORY CARE PRACTITIONER ADVISORY COUNCIL.
16.26 		Subdivision 1.Membership. The board shall appoint a seven-member Respiratory 
16.27 	Care Practitioner Advisory Council consisting of two public members as defined in section 
16.28 	214.02, three registered licensed respiratory care practitioners therapists, and two licensed 
16.29 	physicians with expertise in respiratory care.  
16.30 		Subd. 2.Organization. The advisory council shall be organized and administered 
16.31 	under section 15.059.
16.32 		Subd. 3.Duties. The advisory council shall:
16.33 	(1) advise the board regarding standards for respiratory care practitioners therapists;
17.1 	(2) provide for distribution of information regarding respiratory care practitioner
17.2 	therapy standards;
17.3 	(3) advise the board on enforcement of sections 147.091 to 147.162;  
17.4 	(4) review applications and recommend granting or denying registration licensure
17.5 	or registration license renewal;
17.6 	(5) advise the board on issues related to receiving and investigating complaints, 
17.7 	conducting hearings, and imposing disciplinary action in relation to complaints against 
17.8 	respiratory care practitioners therapists;
17.9 	(6) advise the board regarding approval of continuing education programs using the 
17.10 	criteria in section 147C.25, subdivision 3; and  
17.11 	(7) perform other duties authorized for advisory councils by chapter 214, as directed 
17.12 	by the board.

17.13 	Sec. 9. Minnesota Statutes 2008, section 147C.40, is amended to read:
17.14 	147C.40 FEES.
17.15 		Subdivision 1.Fees. The board shall adopt rules setting:
17.16 	(1) registration licensure fees;
17.17 	(2) renewal fees;
17.18 	(3) late fees;
17.19 	(4) inactive status fees; and
17.20 	(5) fees for temporary permits; and
17.21 	(6) fees for temporary registration.
17.22 		Subd. 2.Proration of fees. The board may prorate the initial annual registration
17.23 	license fee. All registrants licensees are required to pay the full fee upon registration
17.24 	license renewal.
17.25 		Subd. 3.Penalty fee for late renewals. An application for registration license
17.26 	renewal submitted after the deadline must be accompanied by a late fee in addition to the 
17.27 	required fees.
17.28 		Subd. 4.Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.

17.29 	Sec. 10. Minnesota Statutes 2008, section 245A.03, subdivision 2, is amended to read:
17.30 		Subd. 2.Exclusion from licensure. (a) This chapter does not apply to:
17.31 	(1) residential or nonresidential programs that are provided to a person by an 
17.32 	individual who is related unless the residential program is a child foster care placement 
17.33 	made by a local social services agency or a licensed child-placing agency, except as 
17.34 	provided in subdivision 2a;
18.1 	(2) nonresidential programs that are provided by an unrelated individual to persons 
18.2 	from a single related family;
18.3 	(3) residential or nonresidential programs that are provided to adults who do 
18.4 	not abuse chemicals or who do not have a chemical dependency, a mental illness, a 
18.5 	developmental disability, a functional impairment, or a physical disability;
18.6 	(4) sheltered workshops or work activity programs that are certified by the 
18.7 	commissioner of economic security;
18.8 	(5) programs operated by a public school for children 33 months or older;
18.9 	(6) nonresidential programs primarily for children that provide care or supervision 
18.10 	for periods of less than three hours a day while the child's parent or legal guardian is in 
18.11 	the same building as the nonresidential program or present within another building that is 
18.12 	directly contiguous to the building in which the nonresidential program is located;
18.13 	(7) nursing homes or hospitals licensed by the commissioner of health except as 
18.14 	specified under section 245A.02;
18.15 	(8) board and lodge facilities licensed by the commissioner of health that provide 
18.16 	services for five or more persons whose primary diagnosis is mental illness that do not 
18.17 	provide intensive residential treatment;
18.18 	(9) homes providing programs for persons placed by a county or a licensed agency 
18.19 	for legal adoption, unless the adoption is not completed within two years;
18.20 	(10) programs licensed by the commissioner of corrections;
18.21 	(11) recreation programs for children or adults that are operated or approved by a 
18.22 	park and recreation board whose primary purpose is to provide social and recreational 
18.23 	activities;
18.24 	(12) programs operated by a school as defined in section 120A.22, subdivision 4, 
18.25 	YMCA as defined in section 315.44, YWCA as defined in section 315.44, or JCC as 
18.26 	defined in section 315.51, whose primary purpose is to provide child care to school-age 
18.27 	children;
18.28 	(13) Head Start nonresidential programs which operate for less than 45 days in 
18.29 	each calendar year;
18.30 	(14) noncertified boarding care homes unless they provide services for five or more 
18.31 	persons whose primary diagnosis is mental illness or a developmental disability;
18.32 	(15) programs for children such as scouting, boys clubs, girls clubs, and sports and 
18.33 	art programs, and nonresidential programs for children provided for a cumulative total of 
18.34 	less than 30 days in any 12-month period;
18.35 	(16) residential programs for persons with mental illness, that are located in hospitals;
19.1 	(17) the religious instruction of school-age children; Sabbath or Sunday schools; or 
19.2 	the congregate care of children by a church, congregation, or religious society during the 
19.3 	period used by the church, congregation, or religious society for its regular worship;
19.4 	(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 
19.5 	4630;
19.6 	(19) mental health outpatient services for adults with mental illness or children 
19.7 	with emotional disturbance;
19.8 	(20) residential programs serving school-age children whose sole purpose is cultural 
19.9 	or educational exchange, until the commissioner adopts appropriate rules;
19.10 	(21) unrelated individuals who provide out-of-home respite care services to persons 
19.11 	with developmental disabilities from a single related family for no more than 90 days in a 
19.12 	12-month period and the respite care services are for the temporary relief of the person's 
19.13 	family or legal representative;
19.14 	(22) respite care services provided as a home and community-based service to a 
19.15 	person with a developmental disability, in the person's primary residence;
19.16 	(23) community support services programs as defined in section 245.462, subdivision 
19.17 	6, and family community support services as defined in section 245.4871, subdivision 17;
19.18 	(24) the placement of a child by a birth parent or legal guardian in a preadoptive 
19.19 	home for purposes of adoption as authorized by section 259.47;
19.20 	(25) settings registered under chapter 144D which provide home care services 
19.21 	licensed by the commissioner of health to fewer than seven adults; or
19.22 	(26) chemical dependency or substance abuse treatment activities of licensed 
19.23 	professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart 
19.24 	15, when the treatment activities are not paid for by the consolidated chemical dependency 
19.25 	treatment fund; or
19.26 	(27) consumer-directed community support service funded under the Medicaid 
19.27 	waiver for persons with developmental disabilities when the individual who provided 
19.28 	the service is:
19.29 	(i) the same individual who is the direct payee of these specific waiver funds or paid 
19.30 	by a fiscal agent, fiscal intermediary, or employer of record; and
19.31 	(ii) not otherwise under the control of a residential or nonresidential program that is 
19.32 	required to be licensed under this chapter when providing the service.
19.33 	(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 
19.34 	building in which a nonresidential program is located if it shares a common wall with the 
19.35 	building in which the nonresidential program is located or is attached to that building by 
19.36 	skyway, tunnel, atrium, or common roof.
20.1 	(c) Nothing in this chapter shall be construed to require licensure for any services 
20.2 	provided and funded according to an approved federal waiver plan where licensure is 
20.3 	specifically identified as not being a condition for the services and funding.

20.4 	Sec. 11. Minnesota Statutes 2008, section 245A.04, subdivision 5, is amended to read:
20.5 		Subd. 5.Commissioner's right of access. When the commissioner is exercising the 
20.6 	powers conferred by this chapter and section sections245.69, 626.556, and 626.557, the 
20.7 	commissioner must be given access to the physical plant and grounds where the program 
20.8 	is provided, documents and records, including records maintained in electronic format, 
20.9 	persons served by the program, and staff whenever the program is in operation and the 
20.10 	information is relevant to inspections or investigations conducted by the commissioner. 
20.11 	The commissioner must be given access without prior notice and as often as the 
20.12 	commissioner considers necessary if the commissioner is conducting an investigation of 
20.13 	allegations of maltreatment or other violation of applicable laws or rules. In conducting 
20.14 	inspections, the commissioner may request and shall receive assistance from other state, 
20.15 	county, and municipal governmental agencies and departments. The applicant or license 
20.16 	holder shall allow the commissioner to photocopy, photograph, and make audio and video 
20.17 	tape recordings during the inspection of the program at the commissioner's expense. The 
20.18 	commissioner shall obtain a court order or the consent of the subject of the records or the 
20.19 	parents or legal guardian of the subject before photocopying hospital medical records. 
20.20 	Persons served by the program have the right to refuse to consent to be interviewed, 
20.21 	photographed, or audio or videotaped. Failure or refusal of an applicant or license holder 
20.22 	to fully comply with this subdivision is reasonable cause for the commissioner to deny the 
20.23 	application or immediately suspend or revoke the license.

20.24 	Sec. 12. Minnesota Statutes 2008, section 245A.04, subdivision 7, is amended to read:
20.25 		Subd. 7.Grant of license; license extension. (a) If the commissioner determines 
20.26 	that the program complies with all applicable rules and laws, the commissioner shall issue 
20.27 	a license. At minimum, the license shall state:
20.28 	(1) the name of the license holder;
20.29 	(2) the address of the program;
20.30 	(3) the effective date and expiration date of the license;
20.31 	(4) the type of license;
20.32 	(5) the maximum number and ages of persons that may receive services from the 
20.33 	program; and
20.34 	(6) any special conditions of licensure.
21.1 	(b) The commissioner may issue an initial license for a period not to exceed two 
21.2 	years if:
21.3 	(1) the commissioner is unable to conduct the evaluation or observation required 
21.4 	by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet 
21.5 	operational;
21.6 	(2) certain records and documents are not available because persons are not yet 
21.7 	receiving services from the program; and
21.8 	(3) the applicant complies with applicable laws and rules in all other respects.
21.9 	(c) A decision by the commissioner to issue a license does not guarantee that any 
21.10 	person or persons will be placed or cared for in the licensed program. A license shall not 
21.11 	be transferable to another individual, corporation, partnership, voluntary association, other 
21.12 	organization, or controlling individual or to another location.
21.13 	(d) A license holder must notify the commissioner and obtain the commissioner's 
21.14 	approval before making any changes that would alter the license information listed under 
21.15 	paragraph (a).
21.16 	(e) The commissioner shall not issue or reissue a license if the applicant, license 
21.17 	holder, or controlling individual has:
21.18 	(1) been disqualified and the disqualification was not set aside and no variance has 
21.19 	been granted;
21.20 	(2) has been denied a license within the past two years; or
21.21 	(3) had a license revoked within the past five years; or
21.22 	(4) has an outstanding debt related to a license fee, licensing fine, or settlement 
21.23 	agreement for which payment is delinquent.
21.24 	When a license is revoked under clause (1) or (3), the license holder and controlling 
21.25 	individual may not hold any license under chapter 245A or 245B for five years following 
21.26 	the revocation, and other licenses held by the applicant, license holder, or controlling 
21.27 	individual shall also be revoked.
21.28 	(f) The commissioner shall not issue a license if an individual living in the household 
21.29 	where the licensed services will be provided as specified under section 245C.03, 
21.30 	subdivision 1, has been disqualified and the disqualification has not been set aside and no 
21.31 	variance has been granted.
21.32 	(g) For purposes of reimbursement for meals only, under the Child and Adult Care 
21.33 	Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, 
21.34 	part 226, relocation within the same county by a licensed family day care provider, shall 
21.35 	be considered an extension of the license for a period of no more than 30 calendar days or 
22.1 	until the new license is issued, whichever occurs first, provided the county agency has 
22.2 	determined the family day care provider meets licensure requirements at the new location.
22.3 	(h) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the 
22.4 	day after the expiration date stated on the license. A license holder must apply for and 
22.5 	be granted a new license to operate the program or the program must not be operated 
22.6 	after the expiration date.

22.7 	Sec. 13. Minnesota Statutes 2008, section 245A.05, is amended to read:
22.8 	245A.05 DENIAL OF APPLICATION.
22.9 	(a) The commissioner may deny a license if an applicant or controlling individual:
22.10 	(1) fails to comply with applicable laws or rules, or;
22.11 	(2) knowingly withholds relevant information from or gives false or misleading 
22.12 	information to the commissioner in connection with an application for a license or during 
22.13 	an investigation;
22.14 	(3) has a disqualification that has not been set aside under section 245C.22 and no 
22.15 	variance has been granted;
22.16 	(4) has an individual living in the household who received a background study under 
22.17 	section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that 
22.18 	has not been set aside under section 245C.22, and no variance has been granted; or
22.19 	(5) is associated with an individual who received a background study under section 
22.20 	245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to 
22.21 	children or vulnerable adults, and who has a disqualification that has not been set aside 
22.22 	under section 245C.22, and no variance has been granted.
22.23 	(b) An applicant whose application has been denied by the commissioner must 
22.24 	be given notice of the denial. Notice must be given by certified mail or personal 
22.25 	service. The notice must state the reasons the application was denied and must inform 
22.26 	the applicant of the right to a contested case hearing under chapter 14 and Minnesota 
22.27 	Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying 
22.28 	the commissioner in writing by certified mail or personal service within 20 calendar 
22.29 	days after receiving notice that the application was denied. If mailed, the appeal must be 
22.30 	postmarked and sent to the commissioner within 20 calendar days after the applicant 
22.31 	received the notice of denial. If an appeal request is made by personal service, it must 
22.32 	be received by the commissioner within 20 calendar days after the applicant received the 
22.33 	notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's 
22.34 	denial of an application.  

23.1 	Sec. 14. Minnesota Statutes 2008, section 245A.06, subdivision 8, is amended to read:
23.2 		Subd. 8.Requirement to post correction order. (a) For licensed family child 
23.3 	care providers and child care centers, upon receipt of any correction order or order of 
23.4 	conditional license issued by the commissioner under this section, and notwithstanding 
23.5 	a pending request for reconsideration of the correction order or order of conditional 
23.6 	license by the license holder, the license holder shall post the correction order or order of 
23.7 	conditional license in a place that is conspicuous to the people receiving services and all 
23.8 	visitors to the facility for two years. 
23.9 	(b) Except as set forth under section 245C.301, paragraph (d), when the correction 
23.10 	order or order of conditional license is accompanied by a maltreatment investigation 
23.11 	memorandum prepared under section 626.556 or 626.557, the investigation memoranda 
23.12 	must be posted with the correction order or order of conditional license.

23.13 	Sec. 15. Minnesota Statutes 2008, section 245A.07, subdivision 1, is amended to read:
23.14 		Subdivision 1.Sanctions; appeals; license. (a) In addition to making a license 
23.15 	conditional under section 245A.06, the commissioner may propose to suspend or revoke 
23.16 	the license, impose a fine, or secure an injunction against the continuing operation of the 
23.17 	program of a license holder who does not comply with applicable law or rule. When 
23.18 	applying sanctions authorized under this section, the commissioner shall consider the 
23.19 	nature, chronicity, or severity of the violation of law or rule and the effect of the violation 
23.20 	on the health, safety, or rights of persons served by the program.
23.21 	(b) If a license holder appeals the suspension or revocation of a license and the 
23.22 	license holder continues to operate the program pending a final order on the appeal, and 
23.23 	the license expires during this time period, the commissioner shall issue the license holder 
23.24 	a temporary provisional license. The temporary provisional license is effective on the date 
23.25 	issued and expires on the date that a final order is issued. Unless otherwise specified by 
23.26 	the commissioner, variances in effect on the date of the license sanction under appeal 
23.27 	continue under the temporary provisional license. If a license holder fails to comply 
23.28 	with applicable law or rule while operating under a temporary provisional license, the 
23.29 	commissioner may impose sanctions under this section and section 245A.06, and may 
23.30 	terminate any prior variance. If the license holder prevails on the appeal and the effective 
23.31 	period of the previous license has expired, a new license shall be issued to the license 
23.32 	holder upon payment of any fee required under section 245A.10. The effective date of the 
23.33 	new license shall be retroactive to the date the license would have shown had no sanction 
23.34 	been initiated. The expiration date shall be the expiration date of that license had no 
23.35 	license sanction been initiated.
24.1 	(c) If a license holder is under investigation and the license is due to expire 
24.2 	before completion of the investigation, the program shall be issued a new license upon 
24.3 	completion of the reapplication requirements. Upon completion of the investigation, a 
24.4 	licensing sanction may be imposed against the new license under this section, section 
24.5 	245A.06, or 245A.08.
24.6 	(d) Failure to reapply or closure of a license by the license holder prior to the 
24.7 	completion of any investigation shall not preclude the commissioner from issuing a 
24.8 	licensing sanction under this section, section 245A.06, or 245A.08 at the conclusion 
24.9 	of the investigation.

24.10 	Sec. 16. Minnesota Statutes 2008, section 245A.07, subdivision 3, is amended to read:
24.11 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may 
24.12 	suspend or revoke a license, or impose a fine if a license holder fails to comply fully with 
24.13 	applicable laws or rules, if a license holder, a controlling individual, or an individual 
24.14 	living in the household where the licensed services are provided or is otherwise subject 
24.15 	to a background study has a disqualification which has not been set aside under section 
24.16 	245C.22, or if a license holder knowingly withholds relevant information from or gives 
24.17 	false or misleading information to the commissioner in connection with an application 
24.18 	for a license, in connection with the background study status of an individual, during an 
24.19 	investigation, or regarding compliance with applicable laws or rules. A license holder 
24.20 	who has had a license suspended, revoked, or has been ordered to pay a fine must be 
24.21 	given notice of the action by certified mail or personal service. If mailed, the notice 
24.22 	must be mailed to the address shown on the application or the last known address of the 
24.23 	license holder. The notice must state the reasons the license was suspended, revoked, or 
24.24 	a fine was ordered.
24.25 	(b) If the license was suspended or revoked, the notice must inform the license 
24.26 	holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
24.27 	1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 
24.28 	a license. The appeal of an order suspending or revoking a license must be made in writing 
24.29 	by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 
24.30 	the commissioner within ten calendar days after the license holder receives notice that the 
24.31 	license has been suspended or revoked. If a request is made by personal service, it must be 
24.32 	received by the commissioner within ten calendar days after the license holder received 
24.33 	the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits 
24.34 	a timely appeal of an order suspending or revoking a license shall stay the suspension or 
25.1 	revocation, the license holder may continue to operate until the commissioner issues a 
25.2 	final order on the suspension or revocation.
25.3 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the 
25.4 	license holder of the responsibility for payment of fines and the right to a contested case 
25.5 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 
25.6 	of an order to pay a fine must be made in writing by certified mail or personal service. If 
25.7 	mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 
25.8 	days after the license holder receives notice that the fine has been ordered. If a request is 
25.9 	made by personal service, it must be received by the commissioner within ten calendar 
25.10 	days after the license holder received the order.
25.11 	(2) The license holder shall pay the fines assessed on or before the payment date 
25.12 	specified. If the license holder fails to fully comply with the order, the commissioner 
25.13 	may issue a second fine or suspend the license until the license holder complies. If the 
25.14 	license holder receives state funds, the state, county, or municipal agencies or departments 
25.15 	responsible for administering the funds shall withhold payments and recover any payments 
25.16 	made while the license is suspended for failure to pay a fine. A timely appeal shall stay 
25.17 	payment of the fine until the commissioner issues a final order.
25.18 	(3) A license holder shall promptly notify the commissioner of human services, 
25.19 	in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 
25.20 	reinspection the commissioner determines that a violation has not been corrected as 
25.21 	indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 
25.22 	commissioner shall notify the license holder by certified mail or personal service that a 
25.23 	second fine has been assessed. The license holder may appeal the second fine as provided 
25.24 	under this subdivision.
25.25 	(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for 
25.26 	each determination of maltreatment of a child under section 626.556 or the maltreatment 
25.27 	of a vulnerable adult under section 626.557 for which the license holder is determined 
25.28 	responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i), 
25.29 	or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each 
25.30 	occurrence of a violation of law or rule governing matters of health, safety, or supervision, 
25.31 	including but not limited to the provision of adequate staff-to-child or adult ratios, and 
25.32 	failure to submit a comply with background study requirements under chapter 245C; and 
25.33 	the license holder shall forfeit $100 for each occurrence of a violation of law or rule 
25.34 	other than those subject to a $1,000 or $200 fine above. For purposes of this section, 
25.35 	"occurrence" means each violation identified in the commissioner's fine order. Fines 
25.36 	assessed against a license holder that holds a license to provide the residential-based 
26.1 	habilitation services, as defined under section 245B.02, subdivision 20, and a license to 
26.2 	provide foster care, may be assessed against both licenses for the same occurrence, but 
26.3 	the combined amount of the fines shall not exceed the amount specified in this clause 
26.4 	for that occurrence.
26.5 	(5) When a fine has been assessed, the license holder may not avoid payment by 
26.6 	closing, selling, or otherwise transferring the licensed program to a third party. In such an 
26.7 	event, the license holder will be personally liable for payment. In the case of a corporation, 
26.8 	each controlling individual is personally and jointly liable for payment.

26.9 	Sec. 17. Minnesota Statutes 2008, section 245A.07, subdivision 5, is amended to read:
26.10 		Subd. 5.Requirement to post licensing order or fine. (a) For licensed family child 
26.11 	care providers and child care centers, upon receipt of any order of license suspension, 
26.12 	temporary immediate suspension, fine, or revocation issued by the commissioner under 
26.13 	this section, and notwithstanding a pending appeal of the order of license suspension, 
26.14 	temporary immediate suspension, fine, or revocation by the license holder, the license 
26.15 	holder shall post the order of license suspension, temporary immediate suspension, fine, or 
26.16 	revocation in a place that is conspicuous to the people receiving services and all visitors to 
26.17 	the facility for two years. 
26.18 	(b) Except as set forth under section 245C.301, paragraph (d),  when the order of 
26.19 	license suspension, temporary immediate suspension, fine, or revocation is accompanied 
26.20 	by a maltreatment investigation memorandum prepared under section 626.556 or 626.557, 
26.21 	the investigation memoranda must be posted with the order of license suspension, 
26.22 	temporary immediate suspension, fine, or revocation.

26.23 	Sec. 18. Minnesota Statutes 2008, section 245A.11, is amended by adding a 
26.24 	subdivision to read:
26.25 		Subd. 7a.Alternate overnight supervision technology; adult foster care license.
 26.26 	(a) The commissioner may grant an applicant or license holder an adult foster care license 
26.27 	for a residence that does not have a caregiver in the residence during normal sleeping 
26.28 	hours as required under Minnesota Rules, part 9555.5105, subpart 37, item B, but uses 
26.29 	monitoring technology to alert the license holder when an incident occurs that may 
26.30 	jeopardize the health, safety, or rights of a foster care recipient. The applicant or license 
26.31 	holder must comply with all other requirements under Minnesota Rules, parts 9555.5105 
26.32 	to 9555.6265, and the requirements under this subdivision. The license printed by the 
26.33 	commissioner must state in bold and large font:
26.34 	(1) that staff are not present on-site overnight; and
27.1 	(2) the telephone number of the county's common entry point for making reports of 
27.2 	suspected maltreatment of vulnerable adults under section 626.557, subdivision 9.
27.3 	(b) Applications for a license under this section must be submitted directly to 
27.4 	the Department of Human Services licensing division. The licensing division must 
27.5 	immediately notify the host county and lead county contract agency and the host county 
27.6 	licensing agency. The licensing division must collaborate with the county licensing 
27.7 	agency in the review of the application and the licensing of the program.
27.8 	(c) Before a license is issued by the commissioner, and for the duration of the 
27.9 	license, the applicant or license holder must establish, maintain, and document the 
27.10 	implementation of written policies and procedures addressing the requirements in 
27.11 	paragraphs (d) through (f).
27.12 	(d) The applicant or license holder must have policies and procedures that:
27.13 	(1) establish characteristics of target populations that will be admitted into the home, 
27.14 	and characteristics of populations that will not be accepted into the home;
27.15 	(2) explain the discharge process when a foster care recipient requires overnight 
27.16 	supervision or other services that cannot be provided by the license holder due to the 
27.17 	limited hours that the license holder is on-site;
27.18 	(3) describe the types of events to which the program will respond with a physical 
27.19 	presence when those events occur in the home during time when staff are not on-site, and 
27.20 	how the license holder's response plan meets the requirements in paragraph (e), clause 
27.21 	(1) or (2);
27.22 	(4) establish a process for documenting a review of the implementation and 
27.23 	effectiveness of the response protocol for the response required under paragraph (e), 
27.24 	clause (1) or (2). The documentation must include:
27.25 	(i) a description of the triggering incident;
27.26 	(ii) the date and time of the triggering incident;
27.27 	(iii) the time of the response or responses under paragraph (e), clause (1) or (2);
27.28 	(iv) whether the response met the resident's needs;
27.29 	(v) whether the existing policies and response protocols were followed; and
27.30 	(vi) whether the existing policies and protocols are adequate or need modification.
27.31 	When no physical presence response is completed for a three-month period, the 
27.32 	license holder's written policies and procedures must require a physical presence response 
27.33 	drill to be conducted for which the effectiveness of the response protocol under paragraph 
27.34 	(e), clause (1) or (2) will be reviewed and documented as required under this clause; and
28.1 	(5) establish that emergency and nonemergency phone numbers are posted in a 
28.2 	prominent location in a common area of the home where they can be easily observed by a 
28.3 	person responding to an incident who is not otherwise affiliated with the home.
28.4 	(e) The license holder must document and include in the license application which 
28.5 	response alternative under clause (1) or (2) is in place for responding to situations that 
28.6 	present a serious risk to the health, safety, or rights of people receiving foster care services 
28.7 	in the home:
28.8 	(1) response alternative (1) requires only the technology to provide an electronic 
28.9 	notification or alert to the license holder that an event is underway that requires a response. 
28.10 	Under this alternative, no more than ten minutes will pass before the license holder will be 
28.11 	physically present on-site to respond to the situation; or
28.12 	(2) response alternative (2) requires the electronic notification and alert system 
28.13 	under alternative (1), but more than ten minutes may pass before the license holder is 
28.14 	present on-site to respond to the situation. Under alternative (2), all of the following 
28.15 	conditions are met:
28.16 	(i) the license holder has a written description of the interactive technological 
28.17 	applications that will assist the license holder in communicating with and assessing the 
28.18 	needs related to care, health, and safety of the foster care recipients. This interactive 
28.19 	technology must permit the license holder to remotely assess the well being of the foster 
28.20 	care recipient without requiring the initiation or participation by the foster care recipient. 
28.21 	Requiring the foster care recipient to initiate a telephone call or answer a telephone call 
28.22 	does not meet this requirement;
28.23 	(ii) the license holder documents how the remote license holder is qualified and 
28.24 	capable of meeting the needs of the foster care recipients and assessing foster care 
28.25 	recipients' needs during the absence of the license holder on site;
28.26 	(iii) the license holder maintains written procedures to dispatch emergency response 
28.27 	personnel to the site in the event of an identified emergency; and
28.28 	(iv) each foster care recipient's individualized plan of care, individual service plan 
28.29 	under section 256B.092, subdivision 1b, if required, or individual resident placement 
28.30 	agreement under Minnesota Rules, part 9555.5105, subpart 19, if required, identifies the 
28.31 	maximum response time, which may be greater than ten minutes, for the license holder 
28.32 	to be on-site for that foster care recipient.
28.33 	(f) All placement agreements, individual service agreements, and plans applicable 
28.34 	to the foster care recipient must clearly state that the adult foster care license category is 
28.35 	a program without the presence of a caregiver in the residence during normal sleeping 
28.36 	hours; the protocols in place for responding to situations that present a serious risk 
29.1 	to health, safety, or rights of foster care recipients under paragraph (d), clause (1) or 
29.2 	(2); and a signed informed consent from each foster care recipient or the person's 
29.3 	legal representative documenting the person's or legal representative's agreement with 
29.4 	placement in the program. If electronic monitoring technology is used in the home, the 
29.5 	informed consent form must also explain the following:
29.6 	(1) how any electronic monitoring is incorporated into the alternative supervision 
29.7 	system;
29.8 	(2) the backup system for any electronic monitoring in times of electrical outages or 
29.9 	other equipment malfunctions;
29.10 	(3) how the license holder is trained on the use of the technology;
29.11 	(4) the event types and license holder response times established under paragraph (e);
29.12 	(5) how the license holder protects the foster care recipient's privacy related to 
29.13 	electronic monitoring and related to any electronically recorded data generated by the 
29.14 	monitoring system. The consent form must explain where and how the electronically 
29.15 	recorded data is stored, with whom it will be shared, and how long it is retained; and
29.16 	(6) the risks and benefits of the alternative overnight supervision system. 
29.17 	The written explanations under clauses (1) to (6) may be accomplished through 
29.18 	cross-references to other policies and procedures as long as they are explained to the 
29.19 	person giving consent, and the person giving consent is offered a copy.
29.20 	(g) Nothing in this section requires the applicant or license holder to develop or 
29.21 	maintain separate or duplicative policies, procedures, documentation, consent forms, or 
29.22 	individual plans that may be required for other licensing standards, if the requirements of 
29.23 	this section are incorporated into those documents.
29.24 	(h) The commissioner may grant variances to the requirements of this section 
29.25 	according to section 245A.04, subdivision 9.
29.26 	(i) For the purposes of paragraphs (c) through (h), license holder has the meaning 
29.27 	given under section 245A.02, subdivision 9, and additionally includes all staff, volunteers, 
29.28 	and contractors affiliated with the license holder.

29.29 	Sec. 19. Minnesota Statutes 2008, section 245A.1435, is amended to read:
29.30 	245A.1435 REDUCTION OF RISK OF SUDDEN INFANT DEATH 
29.31 	SYNDROME IN LICENSED PROGRAMS.
29.32 	(a) When a license holder is placing an infant to sleep, the license holder must place 
29.33 	the infant on the infant's back, unless the license holder has documentation from the 
29.34 	infant's parent directing an alternative sleeping position for the infant, and. The parent 
29.35 	directive must be on a form approved by the commissioner and must include a statement 
30.1 	that the parent or legal guardian has read the information provided by the Minnesota 
30.2 	Sudden Infant Death Center, related to the risk of SIDS and the importance of placing an 
30.3 	infant or child on the back to sleep to reduce the risk of SIDS.
30.4 	(b) The license holder must place the infant in a crib with directly on a firm mattress 
30.5 	with a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot 
30.6 	be dislodged by pulling on the corner of the sheet. The license holder must not place 
30.7 	pillows, quilts, comforters, sheepskin, pillow-like stuffed toys, or other soft products in 
30.8 	the crib with the infant. The requirements of this section apply to license holders serving 
30.9 	infants up to and including 12 months of age. Licensed child care providers must meet the 
30.10 	crib requirements under section 245A.146.

30.11 	Sec. 20. Minnesota Statutes 2008, section 245A.16, subdivision 1, is amended to read:
30.12 		Subdivision 1.Delegation of authority to agencies. (a) County agencies and 
30.13 	private agencies that have been designated or licensed by the commissioner to perform 
30.14 	licensing functions and activities under section 245A.04 background studies for adult 
30.15 	foster care, family adult day services, and family child care, under chapter 245C; to 
30.16 	recommend denial of applicants under section 245A.05; to issue correction orders, to issue 
30.17 	variances, and recommend a conditional license under section 245A.06, or to recommend 
30.18 	suspending or revoking a license or issuing a fine under section 245A.07, shall comply 
30.19 	with rules and directives of the commissioner governing those functions and with this 
30.20 	section. The following variances are excluded from the delegation of variance authority 
30.21 	and may be issued only by the commissioner:
30.22 	(1) dual licensure of family child care and child foster care, dual licensure of child 
30.23 	and adult foster care, and adult foster care and family child care;
30.24 	(2) adult foster care maximum capacity;
30.25 	(3) adult foster care minimum age requirement;
30.26 	(4) child foster care maximum age requirement;
30.27 	(5) variances regarding disqualified individuals except that county agencies may 
30.28 	issue variances under section 245C.30 regarding disqualified individuals when the county 
30.29 	is responsible for conducting a consolidated reconsideration according to sections 245C.25
30.30 	and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination 
30.31 	and a disqualification based on serious or recurring maltreatment; and
30.32 	(6) the required presence of a caregiver in the adult foster care residence during 
30.33 	normal sleeping hours.
31.1 	Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency 
31.2 	must not grant a license holder a variance to exceed the maximum allowable family child 
31.3 	care license capacity of 14 children.
31.4 	(b) County agencies must report information about disqualification reconsiderations 
31.5 	under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances 
31.6 	granted under paragraph (a), clause (5), to the commissioner at least monthly in a format 
31.7 	prescribed by the commissioner.
31.8 	(c) For family day care programs, the commissioner may authorize licensing reviews 
31.9 	every two years after a licensee has had at least one annual review.
31.10 	(d) For family adult day services programs, the commissioner may authorize 
31.11 	licensing reviews every two years after a licensee has had at least one annual review.
31.12 	(e) A license issued under this section may be issued for up to two years.

31.13 	Sec. 21. Minnesota Statutes 2008, section 245A.50, subdivision 5, is amended to read:
31.14 		Subd. 5.Sudden infant death syndrome and shaken baby syndrome training.
 31.15 	(a) License holders must document that before staff persons, caregivers, and helpers 
31.16 	assist in the care of infants, they are instructed on the standards in section 245A.1435 and 
31.17 	receive training on reducing the risk of sudden infant death syndrome and shaken baby 
31.18 	syndrome. The training in this subdivision may be provided as initial training under 
31.19 	subdivision 1 or ongoing training under subdivision 7.
31.20 	(b) Training required under this subdivision must be at least one hour in length and 
31.21 	must be completed at least once every five years. At a minimum, the training must address 
31.22 	the risk factors related to sudden infant death syndrome and shaken baby syndrome, 
31.23 	means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in 
31.24 	child care, and license holder communication with parents regarding reducing the risk of 
31.25 	sudden infant death syndrome and shaken baby syndrome.
31.26 	(c) Training for family and group family child care providers must be approved 
31.27 	by the county licensing agency.
31.28 	(d) The commissioner shall make available for viewing by all licensed child care 
31.29 	providers a video presentation on the dangers associated with shaking infants and young 
31.30 	children. The video presentation shall be part of the initial and ongoing annual training of 
31.31 	licensed child care providers. The commissioner shall provide to child care providers and 
31.32 	interested individuals, at cost, copies of a video approved by the commissioner of health 
31.33 	under section 144.574 on the dangers associated with shaking infants and young children.

31.34 	Sec. 22. Minnesota Statutes 2008, section 245C.04, subdivision 1, is amended to read:
32.1 		Subdivision 1.Licensed programs. (a) The commissioner shall conduct a 
32.2 	background study of an individual required to be studied under section 245C.03, 
32.3 	subdivision 1, at least upon application for initial license for all license types. 
32.4 	(b) The commissioner shall conduct a background study of an individual required to 
32.5 	be studied under section 245C.03, subdivision 1, at reapplication for a license for adult 
32.6 	foster care, family adult day services, and family child care. 
32.7 	(c) The commissioner is not required to conduct a study of an individual at the time 
32.8 	of reapplication for a license if the individual's background study was completed by the 
32.9 	commissioner of human services for an adult foster care license holder that is also:
32.10 	(1) registered under chapter 144D; or
32.11 	(2) licensed to provide home and community-based services to people with 
32.12 	disabilities at the foster care location and the license holder does not reside in the foster 
32.13 	care residence; and
32.14 	(3) the following conditions are met:
32.15 	(i) a study of the individual was conducted either at the time of initial licensure or 
32.16 	when the individual became affiliated with the license holder;
32.17 	(ii) the individual has been continuously affiliated with the license holder since 
32.18 	the last study was conducted; and
32.19 	(iii) the last study of the individual was conducted on or after October 1, 1995.
32.20 	(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall 
32.21 	conduct a study of an individual required to be studied under section 245C.03, at the 
32.22 	time of reapplication for a child foster care license. The county or private agency shall 
32.23 	collect and forward to the commissioner the information required under section 245C.05, 
32.24 	subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background 
32.25 	study conducted by the commissioner of human services under this paragraph must 
32.26 	include a review of the information required under section 245C.08, subdivisions 1, 
32.27 	paragraph (a), clauses (1) to (5), 3, and 4.
32.28 	(e) The commissioner of human services shall conduct a background study of an 
32.29 	individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) 
32.30 	to (6), who is newly affiliated with a child foster care license holder. The county or 
32.31 	private agency shall collect and forward to the commissioner the information required 
32.32 	under section 245C.05, subdivisions 1 and 5. The background study conducted by the 
32.33 	commissioner of human services under this paragraph must include a review of the 
32.34 	information required under section 245C.08, subdivisions 1, 3, and 4.
32.35 	(f) Applicants for licensure, license holders, and other entities as provided in this 
32.36 	chapter must submit completed background study forms to the commissioner before 
33.1 	individuals specified in section 245C.03, subdivision 1, begin positions allowing direct 
33.2 	contact in any licensed program. 
33.3 	(g) For purposes of this section, a physician licensed under chapter 147 is considered 
33.4 	to be continuously affiliated upon the license holder's receipt from the commissioner of 
33.5 	health or human services of the physician's background study results.
33.6 	(h) A license holder must provide the commissioner notice through the 
33.7 	commissioner's online background study system or through a letter mailed to the 
33.8 	commissioner when:
33.9 	(1) an individual returns to a position requiring a background study following an 
33.10 	absence of 45 or more consecutive days; or
33.11 	(2) a program that discontinued providing licensed direct contact services for 45 or 
33.12 	more consecutive days begins to provide direct contact licensed services again. 
33.13 	The license holder shall maintain a copy of the notification provided to the 
33.14 	commissioner under this paragraph in the program's files.

33.15 	Sec. 23. Minnesota Statutes 2008, section 245C.07, is amended to read:
33.16 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
33.17 	(a) When a license holder, applicant, or other entity owns multiple programs or 
33.18 	services that are licensed by the Department of Human Services, Department of Health, or 
33.19 	Department of Corrections, only one background study is required for an individual who 
33.20 	provides direct contact services in one or more of the licensed programs or services if:
33.21 	(1) the license holder designates one individual with one address and telephone 
33.22 	number as the person to receive sensitive background study information for the multiple 
33.23 	licensed programs or services that depend on the same background study; and
33.24 	(2) the individual designated to receive the sensitive background study information 
33.25 	is capable of determining, upon request of the department, whether a background study 
33.26 	subject is providing direct contact services in one or more of the license holder's programs 
33.27 	or services and, if so, at which location or locations.
33.28 	(b) When a license holder maintains background study compliance for multiple 
33.29 	licensed programs according to paragraph (a), and one or more of the licensed programs 
33.30 	closes, the license holder shall immediately notify the commissioner which staff will be 
33.31 	transferred to an active license so that the background studies can be electronically paired 
33.32 	with the license holder's active program.
33.33 	(b) (c) When a background study is being initiated by a licensed program or service 
33.34 	or a foster care provider that is also registered under chapter 144D, a study subject 
33.35 	affiliated with multiple licensed programs or services may attach to the background study 
34.1 	form a cover letter indicating the additional names of the programs or services, addresses, 
34.2 	and background study identification numbers.
34.3 	When the commissioner receives a notice, the commissioner shall notify each 
34.4 	program or service identified by the background study subject of the study results.
34.5 	The background study notice the commissioner sends to the subsequent agencies 
34.6 	shall satisfy those programs' or services' responsibilities for initiating a background study 
34.7 	on that individual.

34.8 	Sec. 24. Minnesota Statutes 2008, section 245C.08, is amended to read:
34.9 	245C.08 BACKGROUND STUDY; COMMISSIONER REVIEWS.
34.10 		Subdivision 1.Background studies conducted by commissioner Department of 
34.11 	Human Services. (a) For a background study conducted by the commissioner Department 
34.12 	of Human Services, the commissioner shall review:
34.13 	(1) information related to names of substantiated perpetrators of maltreatment of 
34.14 	vulnerable adults that has been received by the commissioner as required under section 
34.15 	626.557, subdivision 9c, paragraph (i);
34.16 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
34.17 	programs, and from findings of maltreatment of minors as indicated through the social 
34.18 	service information system;
34.19 	(3) information from juvenile courts as required in subdivision 4 for individuals listed 
34.20 	in section 245C.03, subdivision 1, clauses (2), (5), and (6) when there is reasonable cause; 
34.21 	(4) information from the Bureau of Criminal Apprehension; 
34.22 	(5) except as provided in clause (6), information from the national crime information 
34.23 	system when the commissioner has reasonable cause as defined under section 245C.05, 
34.24 	subdivision 5; and
34.25 	(6) for a background study related to a child foster care application for licensure or 
34.26 	adoptions, the commissioner shall also review:
34.27 	(i) information from the child abuse and neglect registry for any state in which the 
34.28 	background study subject has resided for the past five years; and
34.29 	(ii) information from national crime information databases, when the background 
34.30 	study object subject is 18 years of age or older.
34.31 	(b) Notwithstanding expungement by a court, the commissioner may consider 
34.32 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
34.33 	received notice of the petition for expungement and the court order for expungement is 
34.34 	directed specifically to the commissioner.
35.1 		Subd. 2.Background studies conducted by a county agency. (a) For a background 
35.2 	study conducted by a county agency for adult foster care, family adult day services, and 
35.3 	family child care services, the commissioner shall review:
35.4 	(1) information from the county agency's record of substantiated maltreatment 
35.5 	of adults and the maltreatment of minors;
35.6 	(2) information from juvenile courts as required in subdivision 4 for individuals 
35.7 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6):
35.8 	(i) individuals listed in section 245C.03, subdivision 1, who are ages 13 through 23 
35.9 	living in the household where the licensed services will be provided; and
35.10 	(ii) any other individual listed under section 245C.03, subdivision 1, when there 
35.11 	is reasonable cause; and
35.12 	(3) information from the Bureau of Criminal Apprehension.
35.13 	(b) If the individual has resided in the county for less than five years, the study shall 
35.14 	include the records specified under paragraph (a) for the previous county or counties of 
35.15 	residence for the past five years.
35.16 	(c) Notwithstanding expungement by a court, the county agency may consider 
35.17 	information obtained under paragraph (a), clause (3), unless the commissioner received 
35.18 	notice of the petition for expungement and the court order for expungement is directed 
35.19 	specifically to the commissioner.
35.20 		Subd. 3.Arrest and investigative information. (a) For any background study 
35.21 	completed under this section, if the commissioner has reasonable cause to believe the 
35.22 	information is pertinent to the disqualification of an individual, the commissioner also 
35.23 	may review arrest and investigative information from:
35.24 	(1) the Bureau of Criminal Apprehension;
35.25 	(2) the commissioner of health;
35.26 	(3) a county attorney;
35.27 	(4) a county sheriff;
35.28 	(5) a county agency;
35.29 	(6) a local chief of police;
35.30 	(7) other states;
35.31 	(8) the courts;
35.32 	(9) the Federal Bureau of Investigation;
35.33 	(10) the National Criminal Records Repository; and
35.34 	(11) criminal records from other states.
35.35 	(b) The commissioner is not required to conduct more than one review of a subject's 
35.36 	records from the Federal Bureau of Investigation if a review of the subject's criminal 
36.1 	history with the Federal Bureau of Investigation has already been completed by the 
36.2 	commissioner and there has been no break in the subject's affiliation with the license 
36.3 	holder who initiated the background study.
36.4 		Subd. 4.Juvenile court records. (a) For a background study conducted by the 
36.5 	Department of Human Services, the commissioner shall review records from the juvenile 
36.6 	courts for an individual studied under section 245C.03, subdivision 1, clauses (2) and (5)
36.7 	when the commissioner has reasonable cause. 
36.8 	(b) For individuals studied under section 245C.03, subdivision 1, clauses (1), (3), 
36.9 	(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review 
36.10 	records from the juvenile courts a background study conducted by a county agency, the 
36.11 	commissioner shall review records from the juvenile courts for individuals listed in section 
36.12 	245C.03, subdivision 1, who are ages 13 through 23 living in the household where the 
36.13 	licensed services will be provided. The commissioner shall also review records from 
36.14 	juvenile courts for any other individual listed under section 245C.03, subdivision 1, when 
36.15 	the commissioner has reasonable cause. 
36.16 	(c) The juvenile courts shall help with the study by giving the commissioner existing 
36.17 	juvenile court records relating to delinquency proceedings held on individuals described 
36.18 	in section 245C.03, subdivision 1, clauses (2), (5), and (6), relating to delinquency 
36.19 	proceedings held within either the five years immediately preceding the background study 
36.20 	or the five years immediately preceding the individual's 18th birthday, whichever time 
36.21 	period is longer when requested pursuant to this subdivision. 
36.22 	(d) For purposes of this chapter, a finding that a delinquency petition is proven in 
36.23 	juvenile court shall be considered a conviction in state district court.
36.24 	(e) Juvenile courts shall provide orders of involuntary and voluntary termination of 
36.25 	parental rights under section 260C.301 to the commissioner upon request for purposes of 
36.26 	conducting a background study under this chapter.

36.27 	Sec. 25. Minnesota Statutes 2008, section 245C.13, subdivision 2, is amended to read:
36.28 		Subd. 2.Direct contact pending completion of background study. The subject 
36.29 	of a background study may not perform any activity requiring a background study under 
36.30 	paragraph (b) until the commissioner has issued one of the notices under paragraph (a).
36.31 	(a) Notices from the commissioner required prior to activity under paragraph (b) 
36.32 	include:
36.33 	(1) a notice of the study results under section 245C.17 stating that:
36.34 	(i) the individual is not disqualified; or
37.1 	(ii) more time is needed to complete the study but the individual is not required to be 
37.2 	removed from direct contact or access to people receiving services prior to completion 
37.3 	of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The 
37.4 	notice that more time is needed to complete the study must also indicate whether the 
37.5 	individual is required to be under continuous direct supervision prior to completion of the 
37.6 	background study;
37.7 	(2) a notice that a disqualification has been set aside under section 245C.23; or
37.8 	(3) a notice that a variance has been granted related to the individual under section 
37.9 	245C.30.
37.10 	(b) Activities prohibited prior to receipt of notice under paragraph (a) include:
37.11 	(1) being issued a license;
37.12 	(2) living in the household where the licensed program will be provided;
37.13 	(3) providing direct contact services to persons served by a program unless the 
37.14 	subject is under continuous direct supervision; or
37.15 	(4) having access to persons receiving services if the background study was 
37.16 	completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), 
37.17 	clause (2), (5), or (6), unless the subject is under continuous direct supervision.

37.18 	Sec. 26. Minnesota Statutes 2008, section 245C.15, subdivision 1, is amended to read:
37.19 		Subdivision 1.Permanent disqualification. (a) An individual is disqualified under 
37.20 	section 245C.14 if: (1) regardless of how much time has passed since the discharge of the 
37.21 	sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless 
37.22 	of the level of the offense, the individual has committed any of the following offenses: 
37.23 	sections 243.166 (violation of predatory offender registration law); 609.185 (murder in the 
37.24 	first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 
37.25 	609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); a 
37.26 	felony offense under 609.221 or 609.222 (assault in the first or second degree); a felony 
37.27 	offense under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child 
37.28 	abuse or neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 
37.29 	609.228 (great bodily harm caused by distribution of drugs); 609.245 (aggravated 
37.30 	robbery); 609.25 (kidnapping); 609.2661 (murder of an unborn child in the first degree); 
37.31 	609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an 
37.32 	unborn child in the third degree); 609.322 (solicitation, inducement, and promotion of 
37.33 	prostitution); 609.324, subdivision 1 (other prohibited acts); 609.342 (criminal sexual 
37.34 	conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 
37.35 	609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct 
38.1 	in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453
38.2 	(criminal sexual predatory conduct); 609.352 (solicitation of children to engage in sexual 
38.3 	conduct); 609.365 (incest); a felony offense under 609.377 (malicious punishment of a 
38.4 	child); a felony offense under 609.378 (neglect or endangerment of a child); 609.561
38.5 	(arson in the first degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision 
38.6 	3, 4, or 5 (felony-level harassment; stalking); 609.855, subdivision 5 (shooting at or in a 
38.7 	public transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause 
38.8 	(1) (indecent exposure involving a minor); 617.246 (use of minors in sexual performance 
38.9 	prohibited); or 617.247 (possession of pictorial representations of minors). An individual 
38.10 	also is disqualified under section 245C.14 regardless of how much time has passed since 
38.11 	the involuntary termination of the individual's parental rights under section 260C.301.
38.12 	(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the 
38.13 	offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, 
38.14 	permanently disqualifies the individual under section 245C.14.
38.15 	(c) An individual's offense in any other state or country, where the elements of the 
38.16 	offense are substantially similar to any of the offenses listed in paragraph (a), permanently 
38.17 	disqualifies the individual under section 245C.14.
38.18 	(d) When a disqualification is based on a judicial determination other than a 
38.19 	conviction, the disqualification period begins from the date of the court order. When a 
38.20 	disqualification is based on an admission, the disqualification period begins from the 
38.21 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
38.22 	disqualification period begins from the date the Alford Plea is entered in court. When 
38.23 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
38.24 	disqualification date begins from the date of the dismissal, the date of discharge of the 
38.25 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
38.26 	date of the incident, whichever occurs last.
38.27 	(e) If the individual studied commits one of the offenses listed in paragraph (a) that 
38.28 	is specified as a felony-level only offense, but the sentence or level of offense is a gross 
38.29 	misdemeanor or misdemeanor, the individual is disqualified, but the disqualification 
38.30 	look-back period for the offense is the period applicable to gross misdemeanor or 
38.31 	misdemeanor offenses.

38.32 	Sec. 27. Minnesota Statutes 2008, section 245C.15, subdivision 2, is amended to read:
38.33 		Subd. 2.15-year disqualification. (a) An individual is disqualified under section 
38.34 	245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 
38.35 	if any, for the offense; and (2) the individual has committed a felony-level violation 
39.1 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 
39.2 	268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 
39.3 	(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 
39.4 	609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
39.5 	(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 
39.6 	degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a 
39.7 	vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of 
39.8 	drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 
39.9 	609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter 
39.10 	of an unborn child in the second degree); 609.267 (assault of an unborn child in the first 
39.11 	degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury 
39.12 	or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
39.13 	(attempt to coerce); 609.466 (medical assistance fraud); 609.498, subdivision 1 or 1b 
39.14 	(aggravated first-degree or first-degree tampering with a witness); 609.52 (theft); 609.521
39.15 	(possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527
39.16 	(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored 
39.17 	checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 
39.18 	609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 
39.19 	609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged 
39.20 	check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons); 
39.21 	609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71
39.22 	(riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial 
39.23 	transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat 
39.24 	offenses under 617.241 (obscene materials and performances; distribution and exhibition 
39.25 	prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs; 
39.26 	controlled substance); or a felony-level conviction involving alcohol or drug use.
39.27 	(b) An individual is disqualified under section 245C.14 if less than 15 years has 
39.28 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
39.29 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
39.30 	Statutes.
39.31 	(c) For foster care and family child care an individual is disqualified under section 
39.32 	245C.14 if less than 15 years has passed since the individual's voluntary termination of 
39.33 	the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 
39.34 	260C.301, subdivision 3.
39.35 	(d) An individual is disqualified under section 245C.14 if less than 15 years has 
39.36 	passed since the discharge of the sentence imposed for an offense in any other state or 
40.1 	country, the elements of which are substantially similar to the elements of the offenses 
40.2 	listed in paragraph (a).
40.3 	(e) If the individual studied commits one of the offenses listed in paragraph (a), but 
40.4 	the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual 
40.5 	is disqualified but the disqualification look-back period for the offense is the period 
40.6 	applicable to the gross misdemeanor or misdemeanor disposition.
40.7 	(f) When a disqualification is based on a judicial determination other than a 
40.8 	conviction, the disqualification period begins from the date of the court order. When a 
40.9 	disqualification is based on an admission, the disqualification period begins from the 
40.10 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
40.11 	disqualification period begins from the date the Alford Plea is entered in court. When 
40.12 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
40.13 	disqualification date begins from the date of the dismissal, the date of discharge of the 
40.14 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
40.15 	date of the incident, whichever occurs last.

40.16 	Sec. 28. Minnesota Statutes 2008, section 245C.15, subdivision 3, is amended to read:
40.17 		Subd. 3.Ten-year disqualification. (a) An individual is disqualified under section 
40.18 	245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 
40.19 	if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 
40.20 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
40.21 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
40.22 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
40.23 	and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 
40.24 	609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 
40.25 	609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a 
40.26 	vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 
40.27 	persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 
40.28 	abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
40.29 	(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 
40.30 	vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
40.31 	1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 
40.32 	609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 
40.33 	609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into 
40.34 	Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance 
40.35 	of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
41.1 	(insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous 
41.2 	weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable 
41.3 	adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2
41.4 	(harassment; stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction 
41.5 	card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene 
41.6 	materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful 
41.7 	materials; dissemination and display to minors prohibited); or violation of an order for 
41.8 	protection under section 518B.01, subdivision 14.
41.9 	(b) An individual is disqualified under section 245C.14 if less than ten years has 
41.10 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
41.11 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
41.12 	Statutes.
41.13 	(c) An individual is disqualified under section 245C.14 if less than ten years has 
41.14 	passed since the discharge of the sentence imposed for an offense in any other state or 
41.15 	country, the elements of which are substantially similar to the elements of any of the 
41.16 	offenses listed in paragraph (a).
41.17 	(d) If the individual studied commits one of the offenses listed in paragraph (a), but 
41.18 	the sentence or level of offense is a misdemeanor disposition, the individual is disqualified 
41.19 	but the disqualification lookback period for the offense is the period applicable to 
41.20 	misdemeanors.
41.21 	(e) When a disqualification is based on a judicial determination other than a 
41.22 	conviction, the disqualification period begins from the date of the court order. When a 
41.23 	disqualification is based on an admission, the disqualification period begins from the 
41.24 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
41.25 	disqualification period begins from the date the Alford Plea is entered in court. When 
41.26 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
41.27 	disqualification date begins from the date of the dismissal, the date of discharge of the 
41.28 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
41.29 	date of the incident, whichever occurs last.

41.30 	Sec. 29. Minnesota Statutes 2008, section 245C.15, subdivision 4, is amended to read:
41.31 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under 
41.32 	section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence 
41.33 	imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level 
41.34 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
41.35 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
42.1 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
42.2 	and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 
42.3 	609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224
42.4 	(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation 
42.5 	of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 
42.6 	609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation 
42.7 	of an order for protection under 609.3232 (protective order authorized; procedures; 
42.8 	penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen 
42.9 	goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 
42.10 	609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous 
42.11 	weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or 
42.12 	harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 
42.13 	609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
42.14 	(indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination 
42.15 	and display to minors prohibited); or violation of an order for protection under section 
42.16 	518B.01 (Domestic Abuse Act).
42.17 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
42.18 	passed since a determination or disposition of the individual's:
42.19 	(1) failure to make required reports under section 626.556, subdivision 3, or 
42.20 	626.557, subdivision 3, for incidents in which: (i) the final disposition under section 
42.21 	626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was 
42.22 	recurring or serious; or
42.23 	(2) substantiated serious or recurring maltreatment of a minor under section 626.556, 
42.24 	a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other 
42.25 	state, the elements of which are substantially similar to the elements of maltreatment under 
42.26 	section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the 
42.27 	maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
42.28 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
42.29 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
42.30 	of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in 
42.31 	Minnesota Statutes.
42.32 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
42.33 	passed since the discharge of the sentence imposed for an offense in any other state or 
42.34 	country, the elements of which are substantially similar to the elements of any of the 
42.35 	offenses listed in paragraphs (a) and (b).
43.1 	(e) When a disqualification is based on a judicial determination other than a 
43.2 	conviction, the disqualification period begins from the date of the court order. When a 
43.3 	disqualification is based on an admission, the disqualification period begins from the 
43.4 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
43.5 	disqualification period begins from the date the Alford Plea is entered in court. When 
43.6 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
43.7 	disqualification date begins from the date of the dismissal, the date of discharge of the 
43.8 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
43.9 	date of the incident, whichever occurs last.
43.10 	(f) An individual is disqualified under section 245C.14 if less than seven years has 
43.11 	passed since the individual was disqualified under section 256.98, subdivision 8.

43.12 	Sec. 30. Minnesota Statutes 2008, section 245C.22, subdivision 7, is amended to read:
43.13 		Subd. 7.Classification of certain data. (a) Notwithstanding section 13.46, upon 
43.14 	setting aside a disqualification under this section, the identity of the disqualified individual 
43.15 	who received the set-aside and the individual's disqualifying characteristics are public 
43.16 	data if the set-aside was:
43.17 	(1) for any disqualifying characteristic under section 245C.15, when the set-aside 
43.18 	relates to a child care center or a family child care provider licensed under chapter 245A; or
43.19 	(2) for a disqualifying characteristic under section 245C.15, subdivision 2.
43.20 	(b) Notwithstanding section 13.46, upon granting a variance to a license holder 
43.21 	under section 245C.30, the identity of the disqualified individual who is the subject of 
43.22 	the variance, the individual's disqualifying characteristics under section 245C.15, and the 
43.23 	terms of the variance are public data, when the variance:
43.24 	(1) is issued to a child care center or a family child care provider licensed under 
43.25 	chapter 245A; or
43.26 	(2) relates to an individual with a disqualifying characteristic under section 245C.15, 
43.27 	subdivision 2.
43.28 	(c) The identity of a disqualified individual and the reason for disqualification 
43.29 	remain private data when:
43.30 	(1) a disqualification is not set aside and no variance is granted, except as provided 
43.31 	under section 13.46, subdivision 4;
43.32 	(2) the data are not public under paragraph (a) or (b);
43.33 	(3) the disqualification is rescinded because the information relied upon to disqualify 
43.34 	the individual is incorrect; or
44.1 	(4) the disqualification relates to a license to provide relative child foster care. 
44.2 	As used in this clause, "relative" has the meaning given it under section 260C.007, 
44.3 	subdivision 27.
44.4 	(d) Licensed family child care providers and child care centers must provide notices 
44.5 	as required under section 245C.301.
44.6 	(e) Notwithstanding paragraphs (a) and  (b), the identity of household members who 
44.7 	are the subject of a disqualification related set-aside or variance is not public data if: 
44.8 	(1) the household member resides in the residence where the family child care is 
44.9 	provided; 
44.10 	(2) the subject of the set-aside or variance is under the age of 18 years; and 
44.11 	(3) the set-aside or variance only relates to a disqualification under section 245C.15, 
44.12 	subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

44.13 	Sec. 31. Minnesota Statutes 2008, section 245C.24, subdivision 2, is amended to read:
44.14 		Subd. 2.Permanent bar to set aside a disqualification. (a) Except as otherwise
44.15 	provided in paragraph (b) this subdivision, the commissioner may not set aside the 
44.16 	disqualification of any individual disqualified pursuant to this chapter, regardless of how 
44.17 	much time has passed, if the individual was disqualified for a crime or conduct listed in 
44.18 	section 245C.15, subdivision 1.
44.19 	(b) For an individual in the chemical dependency or corrections field who was 
44.20 	disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose 
44.21 	disqualification was set aside prior to July 1, 2005, the commissioner must consider 
44.22 	granting a variance pursuant to section 245C.30 for the license holder for a program 
44.23 	dealing primarily with adults. A request for reconsideration evaluated under this paragraph 
44.24 	must include a letter of recommendation from the license holder that was subject to the 
44.25 	prior set-aside decision addressing the individual's quality of care to children or vulnerable 
44.26 	adults and the circumstances of the individual's departure from that service.
44.27 	(c) When a licensed foster care provider adopts an individual who had received 
44.28 	foster care services from the provider for over six months, and the adopted individual is 
44.29 	required to receive a background study under section 245C.03, subdivision 1, paragraph 
44.30 	(a), clause (2) or (6), the commissioner may grant a variance to the license holder under 
44.31 	section 245C.30 to permit the adopted individual with a permanent disqualification 
44.32 	to remain affiliated with the license holder under the conditions of the variance when 
44.33 	the variance is recommended by the county of responsibility for each of the remaining 
44.34 	individuals in placement in the home and the licensing agency for the home.
45.1 	(d) The commissioner may set aside the disqualification or grant a variance relating 
45.2 	to the disqualification of an individual who is disqualified based on the involuntary 
45.3 	termination of parental rights under section 260C.301, unless the individual is disqualified 
45.4 	in connection with a license to provide family child care or child foster care.

45.5 	Sec. 32. Minnesota Statutes 2008, section 245C.24, subdivision 3, is amended to read:
45.6 		Subd. 3.Ten-year bar to set aside disqualification. (a) The commissioner may 
45.7 	not set aside the disqualification of an individual in connection with a license to provide 
45.8 	family child care for children, foster care for children in the provider's home, or foster 
45.9 	care or day care services for adults in the provider's home if: (1) less than ten years 
45.10 	has passed since the discharge of the sentence imposed, if any, for the offense; or (2) 
45.11 	when disqualified based on a preponderance of evidence determination under section 
45.12 	245C.14, subdivision 1, paragraph (a), clause (2), or an admission under section 245C.14, 
45.13 	subdivision 1, paragraph (a), clause (1), and less than ten years has passed since the 
45.14 	individual committed the act or admitted to committing the act, whichever is later; and 
45.15 	(3) the individual has committed a violation of any of the following offenses: sections 
45.16 	609.165 (felon ineligible to possess firearm); criminal vehicular homicide or criminal 
45.17 	vehicular operation causing death under 609.21 (criminal vehicular homicide and injury); 
45.18 	609.215 (aiding suicide or aiding attempted suicide); felony violations under 609.223 or 
45.19 	609.2231 (assault in the third or fourth degree); 609.229 (crimes committed for benefit 
45.20 	of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or to facilitate 
45.21 	crime); 609.24 (simple robbery); 609.255 (false imprisonment); 609.562 (arson in the 
45.22 	second degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first-degree or 
45.23 	first-degree tampering with a witness); burglary in the first or second degree under 609.582
45.24 	(burglary); 609.66 (dangerous weapon); 609.665 (spring guns); 609.67 (machine guns 
45.25 	and short-barreled shotguns); 609.749, subdivision 2 (gross misdemeanor harassment; 
45.26 	stalking); 152.021 or 152.022 (controlled substance crime in the first or second degree); 
45.27 	152.023, subdivision 1, clause (3) or (4) or subdivision 2, clause (4) (controlled substance 
45.28 	crime in the third degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled 
45.29 	substance crime in the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree 
45.30 	assault by a caregiver against a vulnerable adult); 609.23 (mistreatment of persons 
45.31 	confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a 
45.32 	vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial 
45.33 	exploitation of a vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 
45.34 	609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree); 
45.35 	609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree); 
46.1 	609.268 (injury or death of an unborn child in the commission of a crime); repeat offenses 
46.2 	under 617.23 (indecent exposure); 617.293 (disseminating or displaying harmful material 
46.3 	to minors); a felony-level conviction involving alcohol or drug use, a gross misdemeanor 
46.4 	offense under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense 
46.5 	under 609.378 (neglect or endangerment of a child); a gross misdemeanor offense under 
46.6 	609.377 (malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct 
46.7 	against a vulnerable adult); or 624.713 (certain persons not to possess firearms).
46.8 	(b) The commissioner may not set aside the disqualification of an individual if 
46.9 	less than ten years have passed since the individual's aiding and abetting, attempt, or 
46.10 	conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses 
46.11 	is defined in Minnesota Statutes.
46.12 	(c) The commissioner may not set aside the disqualification of an individual if less 
46.13 	than ten years have passed since the discharge of the sentence imposed for an offense in 
46.14 	any other state or country, the elements of which are substantially similar to the elements 
46.15 	of any of the offenses listed in paragraph (a).

46.16 	Sec. 33. Minnesota Statutes 2008, section 245C.25, is amended to read:
46.17 	245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT 
46.18 	DETERMINATION AND DISQUALIFICATION.
46.19 	(a) If an individual is disqualified on the basis of a determination of maltreatment 
46.20 	under section 626.556 or 626.557, which was serious or recurring, and the individual 
46.21 	requests reconsideration of the maltreatment determination under section 626.556, 
46.22 	subdivision 10i, or 626.557, subdivision 9d, and also requests reconsideration of 
46.23 	the disqualification under section 245C.21, the commissioner shall consolidate the 
46.24 	reconsideration of the maltreatment determination and the disqualification into a single 
46.25 	reconsideration.  
46.26 	(b) For maltreatment and disqualification determinations made by county agencies, 
46.27 	the county agency shall conduct the consolidated reconsideration. If the county agency 
46.28 	has disqualified an individual on multiple bases, one of which is a county maltreatment 
46.29 	determination for which the individual has a right to request reconsideration, the county 
46.30 	shall conduct the reconsideration of all disqualifications.
46.31 	(c) If the county has previously conducted a consolidated reconsideration under 
46.32 	paragraph (b) of a maltreatment determination and a disqualification based on serious or 
46.33 	recurring maltreatment, and the county subsequently disqualifies the individual based 
46.34 	on that determination, the county shall conduct the reconsideration of the subsequent 
46.35 	disqualification. The scope of the subsequent disqualification shall be limited to whether 
47.1 	the individual poses a risk of harm in accordance with section 245C.22, subdivision 4. If 
47.2 	the commissioner subsequently disqualifies the individual in connection with a child foster 
47.3 	care license based on the county's previous maltreatment determination, the commissioner 
47.4 	shall conduct the reconsideration of the subsequent disqualification.

47.5 	Sec. 34. Minnesota Statutes 2008, section 245C.27, subdivision 1, is amended to read:
47.6 		Subdivision 1.Fair hearing when disqualification is not set aside. (a) If the 
47.7 	commissioner does not set aside a disqualification of an individual under section 
47.8 	245C.22 who is disqualified on the basis of a preponderance of evidence that the 
47.9 	individual committed an act or acts that meet the definition of any of the crimes listed in 
47.10 	section 245C.15; for a determination under section 626.556 or 626.557 of substantiated 
47.11 	maltreatment that was serious or recurring under section 245C.15; or for failure to make 
47.12 	required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant 
47.13 	to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request 
47.14 	a fair hearing under section 256.045, unless the disqualification is deemed conclusive 
47.15 	under section 245C.29.
47.16 	(b) The fair hearing is the only administrative appeal of the final agency 
47.17 	determination for purposes of appeal by the disqualified individual. The disqualified 
47.18 	individual does not have the right to challenge the accuracy and completeness of data 
47.19 	under section 13.04.
47.20 	(c) Except as provided under paragraph (e), if the individual was disqualified 
47.21 	based on a conviction or of, admission to, or Alford Plea to any crimes listed in section 
47.22 	245C.15, subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision 
47.23 	8, the reconsideration decision under section 245C.22 is the final agency determination 
47.24 	for purposes of appeal by the disqualified individual and is not subject to a hearing under 
47.25 	section 256.045. If the individual was disqualified based on a judicial determination, that 
47.26 	determination is treated the same as a conviction for purposes of appeal.
47.27 	(d) This subdivision does not apply to a public employee's appeal of a disqualification 
47.28 	under section 245C.28, subdivision 3.
47.29 	(e) Notwithstanding paragraph (c), if the commissioner does not set aside a 
47.30 	disqualification of an individual who was disqualified based on both a preponderance 
47.31 	of evidence and a conviction or admission, the individual may request a fair hearing 
47.32 	under section 256.045, unless the disqualifications are deemed conclusive under section 
47.33 	245C.29. The scope of the hearing conducted under section 256.045 with regard to the 
47.34 	disqualification based on a conviction or admission shall be limited solely to whether the 
47.35 	individual poses a risk of harm, according to section 256.045, subdivision 3b. In this case, 
48.1 	the reconsideration decision under section 245C.22 is not the final agency decision for 
48.2 	purposes of appeal by the disqualified individual.

48.3 	Sec. 35. Minnesota Statutes 2008, section 245C.301, is amended to read:
48.4 	245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.
48.5 	(a) Except as provided under paragraphs (b) and (c), if required by the commissioner,
48.6 	family child care providers and child care centers must provide a written notification to 
48.7 	parents considering enrollment of a child or parents of a child attending the family child 
48.8 	care or child care center if the program employs or has living in the home any individual 
48.9 	who is the subject of either a set-aside or variance.
48.10 	(b) Notwithstanding paragraph (a), family child care license holders are not required 
48.11 	to disclose that the program has an individual living in the home who is the subject of a 
48.12 	set-aside or variance if:
48.13 	(1) the household member resides in the residence where the family child care is 
48.14 	provided;
48.15 	(2) the subject of the set-aside or variance is under the age of 18 years; and
48.16 	(3) the set-aside or variance relates to a disqualification under section 245C.15, 
48.17 	subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.
48.18 	(c) The notice specified in paragraph (a) is not required when the period of 
48.19 	disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded.
48.20 	(d) Upon receipt of a notice from the commissioner that a disqualification has been 
48.21 	set aside or a variance has been granted related to a current employee, child care centers 
48.22 	must provide a written notification to parents of children attending the child care center 
48.23 	with whom that employee may have contact. An investigation memorandum posted 
48.24 	under section 245A.06, subdivision 8, or section 245A.07, subdivision 5, that reports the 
48.25 	disqualification of the individual who is the subject of the notice under this paragraph is 
48.26 	no longer required to be posted after the license holder provides the notice required under 
48.27 	this paragraph.

48.28 	Sec. 36. Minnesota Statutes 2008, section 256.045, subdivision 3, is amended to read:
48.29 		Subd. 3.State agency hearings. (a) State agency hearings are available for the 
48.30 	following: 
48.31 	(1) any person applying for, receiving or having received public assistance, medical 
48.32 	care, or a program of social services granted by the state agency or a county agency or 
48.33 	the federal Food Stamp Act whose application for assistance is denied, not acted upon 
49.1 	with reasonable promptness, or whose assistance is suspended, reduced, terminated, or 
49.2 	claimed to have been incorrectly paid;
49.3 	(2) any patient or relative aggrieved by an order of the commissioner under section 
49.4 	252.27; 
49.5 	(3) a party aggrieved by a ruling of a prepaid health plan;
49.6 	(4) except as provided under chapter 245C, any individual or facility determined by 
49.7 	a lead agency to have maltreated a vulnerable adult under section 626.557 after they have 
49.8 	exercised their right to administrative reconsideration under section 626.557;
49.9 	(5) any person whose claim for foster care payment according to a placement of the 
49.10 	child resulting from a child protection assessment under section 626.556 is denied or not 
49.11 	acted upon with reasonable promptness, regardless of funding source;
49.12 	(6) any person to whom a right of appeal according to this section is given by other 
49.13 	provision of law;
49.14 	(7) an applicant aggrieved by an adverse decision to an application for a hardship 
49.15 	waiver under section 256B.15;
49.16 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
49.17 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a; 
49.18 	(9) except as provided under chapter 245A, an individual or facility determined 
49.19 	to have maltreated a minor under section 626.556, after the individual or facility has 
49.20 	exercised the right to administrative reconsideration under section 626.556; or 
49.21 	(10) except as provided under chapter 245C, an individual disqualified under 
49.22 	sections 245C.14 and 245C.15, which has not been set aside under sections 245C.22 
49.23 	and 245C.23, on the basis of serious or recurring maltreatment; a preponderance of the 
49.24 	evidence that the individual has committed an act or acts that meet the definition of any of 
49.25 	the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports 
49.26 	required under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings 
49.27 	regarding a maltreatment determination under clause (4) or (9) and a disqualification under 
49.28 	this clause in which the basis for a disqualification is serious or recurring maltreatment, 
49.29 	which has not been set aside under sections 245C.22 and 245C.23, shall be consolidated 
49.30 	into a single fair hearing. In such cases, the scope of review by the human services referee 
49.31 	shall include both the maltreatment determination and the disqualification. The failure to 
49.32 	exercise the right to an administrative reconsideration shall not be a bar to a hearing under 
49.33 	this section if federal law provides an individual the right to a hearing to dispute a finding 
49.34 	of maltreatment. Individuals and organizations specified in this section may contest the 
49.35 	specified action, decision, or final disposition before the state agency by submitting a 
49.36 	written request for a hearing to the state agency within 30 days after receiving written 
50.1 	notice of the action, decision, or final disposition, or within 90 days of such written notice 
50.2 	if the applicant, recipient, patient, or relative shows good cause why the request was 
50.3 	not submitted within the 30-day time limit.
50.4 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or 
50.5 	(10), is the only administrative appeal to the final agency determination specifically, 
50.6 	including a challenge to the accuracy and completeness of data under section 13.04. 
50.7 	Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment 
50.8 	that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing 
50.9 	homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a 
50.10 	contested case proceeding under the provisions of chapter 14. Hearings requested under 
50.11 	paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after 
50.12 	July 1, 1997. A hearing for an individual or facility under paragraph (a), clause (9), is 
50.13 	only available when there is no juvenile court or adult criminal action pending. If such 
50.14 	action is filed in either court while an administrative review is pending, the administrative 
50.15 	review must be suspended until the judicial actions are completed. If the juvenile court 
50.16 	action or criminal charge is dismissed or the criminal action overturned, the matter may be 
50.17 	considered in an administrative hearing.
50.18 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
50.19 	administrative appeal.
50.20 	(d) The scope of hearings involving claims to foster care payments under paragraph 
50.21 	(a), clause (5), shall be limited to the issue of whether the county is legally responsible 
50.22 	for a child's placement under court order or voluntary placement agreement and, if so, 
50.23 	the correct amount of foster care payment to be made on the child's behalf and shall not 
50.24 	include review of the propriety of the county's child protection determination or child 
50.25 	placement decision.
50.26 	(e) A vendor of medical care as defined in section 256B.02, subdivision 7, or a 
50.27 	vendor under contract with a county agency to provide social services is not a party and 
50.28 	may not request a hearing under this section, except if assisting a recipient as provided in 
50.29 	subdivision 4.
50.30 	(f) An applicant or recipient is not entitled to receive social services beyond the 
50.31 	services prescribed under chapter 256M or other social services the person is eligible 
50.32 	for under state law.
50.33 	(g) The commissioner may summarily affirm the county or state agency's proposed 
50.34 	action without a hearing when the sole issue is an automatic change due to a change in 
50.35 	state or federal law.

51.1 	Sec. 37. Minnesota Statutes 2008, section 256.045, subdivision 3b, is amended to read:
51.2 		Subd. 3b.Standard of evidence for maltreatment and disqualification hearings.
 51.3 	(a) The state human services referee shall determine that maltreatment has occurred if a 
51.4 	preponderance of evidence exists to support the final disposition under sections 626.556
51.5 	and 626.557. For purposes of hearings regarding disqualification, the state human services 
51.6 	referee shall affirm the proposed disqualification in an appeal under subdivision 3, 
51.7 	paragraph (a), clause (9), if a preponderance of the evidence shows the individual has: 
51.8 	(1) committed maltreatment under section 626.556 or 626.557, which is serious or 
51.9 	recurring; 
51.10 	(2) committed an act or acts meeting the definition of any of the crimes listed in 
51.11 	section 245C.15, subdivisions 1 to 4; or 
51.12 	(3) failed to make required reports under section 626.556 or 626.557, for incidents 
51.13 	in which the final disposition under section 626.556 or 626.557 was substantiated 
51.14 	maltreatment that was serious or recurring. 
51.15 	(b) If the disqualification is affirmed, the state human services referee shall 
51.16 	determine whether the individual poses a risk of harm in accordance with the requirements 
51.17 	of section 245C.16 245C.22, and whether the disqualification should be set aside or not set 
51.18 	aside. In determining whether the disqualification should be set aside, the human services 
51.19 	referee shall consider all of the characteristics that cause the individual to be disqualified, 
51.20 	including those characteristics that were not subject to review under paragraph (a), in 
51.21 	order to determine whether the individual poses a risk of harm. A decision to set aside 
51.22 	a disqualification that is the subject of the hearing constitutes a determination that the 
51.23 	individual does not pose a risk of harm and that the individual may provide direct contact 
51.24 	services in the individual program specified in the set aside. If a determination that the 
51.25 	information relied upon to disqualify an individual was correct and is conclusive under 
51.26 	section 245C.29, and the individual is subsequently disqualified under section 245C.14, 
51.27 	the individual has a right to again request reconsideration on the risk of harm under section 
51.28 	245C.21. Subsequent determinations regarding risk of harm are not subject to another 
51.29 	hearing under this section. 
51.30 	(c) The state human services referee shall recommend an order to the commissioner 
51.31 	of health, education, or human services, as applicable, who shall issue a final order. The 
51.32 	commissioner shall affirm, reverse, or modify the final disposition. Any order of the 
51.33 	commissioner issued in accordance with this subdivision is conclusive upon the parties 
51.34 	unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal 
51.35 	under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.46, 
52.1 	the commissioner's determination as to maltreatment is conclusive, as provided under 
52.2 	section 245C.29. 

52.3 	Sec. 38. Minnesota Statutes 2008, section 626.556, subdivision 2, is amended to read:
52.4 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
52.5 	given them unless the specific content indicates otherwise:
52.6 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
52.7 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
52.8 	child maltreatment report that does not allege substantial child endangerment. Family 
52.9 	assessment does not include a determination as to whether child maltreatment occurred 
52.10 	but does determine the need for services to address the safety of family members and the 
52.11 	risk of subsequent maltreatment.
52.12 	(b) "Investigation" means fact gathering related to the current safety of a child 
52.13 	and the risk of subsequent maltreatment that determines whether child maltreatment 
52.14 	occurred and whether child protective services are needed. An investigation must be used 
52.15 	when reports involve substantial child endangerment, and for reports of maltreatment in 
52.16 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
52.17 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
52.18 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
52.19 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
52.20 	(c) "Substantial child endangerment" means a person responsible for a child's care, 
52.21 	and in the case of sexual abuse includes a person who has a significant relationship to the 
52.22 	child as defined in section 609.341, or a person in a position of authority as defined in 
52.23 	section 609.341, who by act or omission commits or attempts to commit an act against a 
52.24 	child under their care that constitutes any of the following:
52.25 	(1) egregious harm as defined in section 260C.007, subdivision 14;
52.26 	(2) sexual abuse as defined in paragraph (d);
52.27 	(3) abandonment under section 260C.301, subdivision 2;
52.28 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
52.29 	child's physical or mental health, including a growth delay, which may be referred to as 
52.30 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
52.31 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
52.32 	609.195;
52.33 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
52.34 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
52.35 	609.223;
53.1 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
53.2 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
53.3 	(10) solicitation of children to engage in sexual conduct under section 609.352;
53.4 	(11) malicious punishment or neglect or endangerment of a child under section 
53.5 	609.377 or 609.378;
53.6 	(12) use of a minor in sexual performance under section 617.246; or
53.7 	(13) parental behavior, status, or condition which mandates that the county attorney 
53.8 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
53.9 	paragraph (a).
53.10 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
53.11 	child's care, by a person who has a significant relationship to the child, as defined in 
53.12 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
53.13 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
53.14 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
53.15 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
53.16 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
53.17 	abuse also includes any act which involves a minor which constitutes a violation of 
53.18 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
53.19 	threatened sexual abuse.
53.20 	(e) "Person responsible for the child's care" means (1) an individual functioning 
53.21 	within the family unit and having responsibilities for the care of the child such as a 
53.22 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
53.23 	functioning outside the family unit and having responsibilities for the care of the child 
53.24 	such as a teacher, school administrator, other school employees or agents, or other lawful 
53.25 	custodian of a child having either full-time or short-term care responsibilities including, 
53.26 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
53.27 	and coaching.
53.28 	(f) "Neglect" means the commission or omission of any of the acts specified under 
53.29 	clauses (1) to (9), other than by accidental means:
53.30 	(1) failure by a person responsible for a child's care to supply a child with necessary 
53.31 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
53.32 	mental health when reasonably able to do so;
53.33 	(2) failure to protect a child from conditions or actions that seriously endanger the 
53.34 	child's physical or mental health when reasonably able to do so, including a growth delay, 
53.35 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
53.36 	is due to parental neglect;
54.1 	(3) failure to provide for necessary supervision or child care arrangements 
54.2 	appropriate for a child after considering factors as the child's age, mental ability, physical 
54.3 	condition, length of absence, or environment, when the child is unable to care for the 
54.4 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
54.5 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
54.6 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
54.7 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
54.8 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
54.9 	because the child's parent, guardian, or other person responsible for the child's care in 
54.10 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
54.11 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
54.12 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
54.13 	if a lack of medical care may cause serious danger to the child's health. This section does 
54.14 	not impose upon persons, not otherwise legally responsible for providing a child with 
54.15 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
54.16 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
54.17 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
54.18 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
54.19 	delivery or the child at birth, or medical effects or developmental delays during the child's 
54.20 	first year of life that medically indicate prenatal exposure to a controlled substance;
54.21 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
54.22 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
54.23 	person responsible for the care of the child that adversely affects the child's basic needs 
54.24 	and safety; or
54.25 	(9) emotional harm from a pattern of behavior which contributes to impaired 
54.26 	emotional functioning of the child which may be demonstrated by a substantial and 
54.27 	observable effect in the child's behavior, emotional response, or cognition that is not 
54.28 	within the normal range for the child's age and stage of development, with due regard to 
54.29 	the child's culture.
54.30 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
54.31 	inflicted by a person responsible for the child's care on a child other than by accidental 
54.32 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
54.33 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
54.34 	that have not been authorized under section 121A.67 or 245.825.
54.35 	Abuse does not include reasonable and moderate physical discipline of a child 
54.36 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
55.1 	not include the use of reasonable force by a teacher, principal, or school employee as 
55.2 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
55.3 	but are not limited to, any of the following that are done in anger or without regard to the 
55.4 	safety of the child:
55.5 	(1) throwing, kicking, burning, biting, or cutting a child;
55.6 	(2) striking a child with a closed fist;
55.7 	(3) shaking a child under age three;
55.8 	(4) striking or other actions which result in any nonaccidental injury to a child 
55.9 	under 18 months of age;
55.10 	(5) unreasonable interference with a child's breathing;
55.11 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
55.12 	(7) striking a child under age one on the face or head;
55.13 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
55.14 	substances which were not prescribed for the child by a practitioner, in order to control or 
55.15 	punish the child; or other substances that substantially affect the child's behavior, motor 
55.16 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
55.17 	child to medical procedures that would be unnecessary if the child were not exposed 
55.18 	to the substances;
55.19 	(9) unreasonable physical confinement or restraint not permitted under section 
55.20 	609.379, including but not limited to tying, caging, or chaining; or
55.21 	(10) in a school facility or school zone, an act by a person responsible for the child's 
55.22 	care that is a violation under section 121A.58.
55.23 	(h) "Report" means any report received by the local welfare agency, police 
55.24 	department, county sheriff, or agency responsible for assessing or investigating 
55.25 	maltreatment pursuant to this section.
55.26 	(i) "Facility" means:
55.27 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
55.28 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
55.29 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
55.30 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
55.31 	124D.10; or
55.32 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
55.33 	subdivision 16, and 256B.0625, subdivision 19a.
55.34 	(j) "Operator" means an operator or agency as defined in section 245A.02.
55.35 	(k) "Commissioner" means the commissioner of human services.
56.1 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
56.2 	not limited to employee assistance counseling and the provision of guardian ad litem and 
56.3 	parenting time expeditor services.
56.4 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
56.5 	stability of a child as evidenced by an observable or substantial impairment in the child's 
56.6 	ability to function within a normal range of performance and behavior with due regard to 
56.7 	the child's culture.
56.8 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
56.9 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
56.10 	injury includes, but is not limited to, exposing a child to a person responsible for the 
56.11 	child's care, as defined in paragraph (e), clause (1), who has:
56.12 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
56.13 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
56.14 	similar law of another jurisdiction;
56.15 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
56.16 	(4), or a similar law of another jurisdiction;
56.17 	(3) committed an act that has resulted in an involuntary termination of parental rights 
56.18 	under section 260C.301, or a similar law of another jurisdiction; or
56.19 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
56.20 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
56.21 	paragraph (d), clause (1), or a similar law of another jurisdiction.
56.22 	(o) Persons who conduct assessments or investigations under this section shall take 
56.23 	into account accepted child-rearing practices of the culture in which a child participates 
56.24 	and accepted teacher discipline practices, which are not injurious to the child's health, 
56.25 	welfare, and safety.
56.26 	(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
56.27 	occurrence or event which:
56.28 	(1) is not likely to occur and could not have been prevented by exercise of due 
56.29 	care; and
56.30 	(2) if occurring while a child is receiving services from a facility, happens when the 
56.31 	facility and the employee or person providing services in the facility are in compliance 
56.32 	with the laws and rules relevant to the occurrence of event.

56.33 	Sec. 39. Minnesota Statutes 2008, section 626.556, subdivision 10e, is amended to 
56.34 	read:
57.1 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
57.2 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
57.3 	the assessment or investigation may be extended to permit the completion of a criminal 
57.4 	investigation or the receipt of expert information requested within 45 days of the receipt 
57.5 	of the report.
57.6 	(b) After conducting a family assessment, the local welfare agency shall determine 
57.7 	whether services are needed to address the safety of the child and other family members 
57.8 	and the risk of subsequent maltreatment.
57.9 	(c) After conducting an investigation, the local welfare agency shall make two 
57.10 	determinations: first, whether maltreatment has occurred; and second, whether child 
57.11 	protective services are needed.
57.12 	(d) If the commissioner of education conducts an assessment or investigation, 
57.13 	the commissioner shall determine whether maltreatment occurred and what corrective 
57.14 	or protective action was taken by the school facility. If a determination is made that 
57.15 	maltreatment has occurred, the commissioner shall report to the employer, the school 
57.16 	board, and any appropriate licensing entity the determination that maltreatment occurred 
57.17 	and what corrective or protective action was taken by the school facility. In all other cases, 
57.18 	the commissioner shall inform the school board or employer that a report was received, 
57.19 	the subject of the report, the date of the initial report, the category of maltreatment alleged 
57.20 	as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 
57.21 	of the specific reasons for the determination.
57.22 	(e) When maltreatment is determined in an investigation involving a facility, 
57.23 	the investigating agency shall also determine whether the facility or individual was 
57.24 	responsible, or whether both the facility and the individual were responsible for the 
57.25 	maltreatment using the mitigating factors in paragraph (i). Determinations under this 
57.26 	subdivision must be made based on a preponderance of the evidence and are private data 
57.27 	on individuals or nonpublic data as maintained by the commissioner of education.
57.28 	(f) For the purposes of this subdivision, "maltreatment" means any of the following 
57.29 	acts or omissions:
57.30 	(1) physical abuse as defined in subdivision 2, paragraph (g);
57.31 	(2) neglect as defined in subdivision 2, paragraph (f);
57.32 	(3) sexual abuse as defined in subdivision 2, paragraph (d);
57.33 	(4) mental injury as defined in subdivision 2, paragraph (m); or
57.34 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
57.35 	(g) For the purposes of this subdivision, a determination that child protective 
57.36 	services are needed means that the local welfare agency has documented conditions 
58.1 	during the assessment or investigation sufficient to cause a child protection worker, as 
58.2 	defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 
58.3 	maltreatment if protective intervention is not provided and that the individuals responsible 
58.4 	for the child's care have not taken or are not likely to take actions to protect the child 
58.5 	from maltreatment or risk of maltreatment.
58.6 	(h) This subdivision does not mean that maltreatment has occurred solely because 
58.7 	the child's parent, guardian, or other person responsible for the child's care in good faith 
58.8 	selects and depends upon spiritual means or prayer for treatment or care of disease 
58.9 	or remedial care of the child, in lieu of medical care. However, if lack of medical care 
58.10 	may result in serious danger to the child's health, the local welfare agency may ensure 
58.11 	that necessary medical services are provided to the child.
58.12 	(i) When determining whether the facility or individual is the responsible party, or 
58.13 	whether both the facility and the individual are responsible for determined maltreatment in 
58.14 	a facility, the investigating agency shall consider at least the following mitigating factors:
58.15 	(1) whether the actions of the facility or the individual caregivers were according to, 
58.16 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
58.17 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
58.18 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
58.19 	directive or knew or should have known of the errors and took no reasonable measures to 
58.20 	correct the defect before administering care;
58.21 	(2) comparative responsibility between the facility, other caregivers, and 
58.22 	requirements placed upon an employee, including the facility's compliance with related 
58.23 	regulatory standards and the adequacy of facility policies and procedures, facility training, 
58.24 	an individual's participation in the training, the caregiver's supervision, and facility staffing 
58.25 	levels and the scope of the individual employee's authority and discretion; and
58.26 	(3) whether the facility or individual followed professional standards in exercising 
58.27 	professional judgment.
58.28 	(j) Notwithstanding paragraph (i), when maltreatment is determined to have been 
58.29 	committed by an individual who is also the facility license holder, both the individual and 
58.30 	the facility must be determined responsible for the maltreatment, and both the background 
58.31 	study disqualification standards under section 245C.15, subdivision 4, and the licensing 
58.32 	actions under sections 245A.06 or 245A.07 apply.
58.33 	(k) Individual counties may implement more detailed definitions or criteria that 
58.34 	indicate which allegations to investigate, as long as a county's policies are consistent 
58.35 	with the definitions in the statutes and rules and are approved by the county board. Each 
58.36 	local welfare agency shall periodically inform mandated reporters under subdivision 3 
59.1 	who work in the county of the definitions of maltreatment in the statutes and rules and any 
59.2 	additional definitions or criteria that have been approved by the county board.

59.3 	Sec. 40. Minnesota Statutes 2008, section 626.556, subdivision 10f, is amended to read:
59.4 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
59.5 	of a family assessment, the local welfare agency shall notify the parent or guardian 
59.6 	of the child of the need for services to address child safety concerns or significant risk 
59.7 	of subsequent child maltreatment. The local welfare agency and the family may also 
59.8 	jointly agree that family support and family preservation services are needed. Within ten 
59.9 	working days of the conclusion of an investigation, the local welfare agency or agency 
59.10 	responsible for assessing or investigating the report shall notify the parent or guardian 
59.11 	of the child, the person determined to be maltreating the child, and if applicable, the 
59.12 	director of the facility, of the determination and a summary of the specific reasons for 
59.13 	the determination. When the investigation involves a child foster care setting that is 
59.14 	monitored by a private licensing agency under section 245A.16, the local welfare agency 
59.15 	responsible for assessing or investigating the report shall notify the private licensing 
59.16 	agency of the determination and shall provide a summary of the specific reasons for 
59.17 	the determination. The notice to the private licensing agency must include identifying 
59.18 	private data, but not the identity of the reporter of maltreatment. The notice must also 
59.19 	include a certification that the information collection procedures under subdivision 10, 
59.20 	paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 
59.21 	obtain access to other private data on the subject collected, created, or maintained under 
59.22 	this section. In addition, the notice shall include the length of time that the records will be 
59.23 	kept under subdivision 11c. The investigating agency shall notify the parent or guardian 
59.24 	of the child who is the subject of the report, and any person or facility determined to 
59.25 	have maltreated a child, of their appeal or review rights under this section or section 
59.26 	256.022. The notice must also state that a finding of maltreatment may result in denial of a 
59.27 	license application or background study disqualification under chapter 245C related to 
59.28 	employment or services that are licensed by the Department of Human Services under 
59.29 	chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 
59.30 	Corrections under section 241.021, and from providing services related to an unlicensed 
59.31 	personal care provider organization under chapter 256B.

59.32 	Sec. 41. Minnesota Statutes 2008, section 626.557, subdivision 9c, is amended to read:
59.33 		Subd. 9c.Lead agency; notifications, dispositions, determinations. (a) Upon 
59.34 	request of the reporter, the lead agency shall notify the reporter that it has received the 
60.1 	report, and provide information on the initial disposition of the report within five business 
60.2 	days of receipt of the report, provided that the notification will not endanger the vulnerable 
60.3 	adult or hamper the investigation.
60.4 	(b) Upon conclusion of every investigation it conducts, the lead agency shall make a 
60.5 	final disposition as defined in section 626.5572, subdivision 8.
60.6 	(c) When determining whether the facility or individual is the responsible party for 
60.7 	substantiated maltreatment or whether both the facility and the individual are responsible 
60.8 	for substantiated maltreatment, the lead agency shall consider at least the following 
60.9 	mitigating factors:
60.10 	(1) whether the actions of the facility or the individual caregivers were in accordance 
60.11 	with, and followed the terms of, an erroneous physician order, prescription, resident 
60.12 	care plan, or directive. This is not a mitigating factor when the facility or caregiver is 
60.13 	responsible for the issuance of the erroneous order, prescription, plan, or directive or 
60.14 	knows or should have known of the errors and took no reasonable measures to correct the 
60.15 	defect before administering care;
60.16 	(2) the comparative responsibility between the facility, other caregivers, and 
60.17 	requirements placed upon the employee, including but not limited to, the facility's 
60.18 	compliance with related regulatory standards and factors such as the adequacy of facility 
60.19 	policies and procedures, the adequacy of facility training, the adequacy of an individual's 
60.20 	participation in the training, the adequacy of caregiver supervision, the adequacy of facility 
60.21 	staffing levels, and a consideration of the scope of the individual employee's authority; and
60.22 	(3) whether the facility or individual followed professional standards in exercising 
60.23 	professional judgment.
60.24 	(d) When substantiated maltreatment is determined to have been committed by 
60.25 	an individual who is also the facility license holder, both the individual and the facility 
60.26 	must be determined responsible for the maltreatment, and both the background study 
60.27 	disqualification standards under section 245C.15, subdivision 4, and the licensing actions 
60.28 	under section 245A.06 or 245A.06 apply.
60.29 	(e) The lead agency shall complete its final disposition within 60 calendar days. If 
60.30 	the lead agency is unable to complete its final disposition within 60 calendar days, the lead 
60.31 	agency shall notify the following persons provided that the notification will not endanger 
60.32 	the vulnerable adult or hamper the investigation: (1) the vulnerable adult or the vulnerable 
60.33 	adult's legal guardian, when known, if the lead agency knows them to be aware of the 
60.34 	investigation; and (2) the facility, where applicable. The notice shall contain the reason for 
60.35 	the delay and the projected completion date. If the lead agency is unable to complete its 
60.36 	final disposition by a subsequent projected completion date, the lead agency shall again 
61.1 	notify the vulnerable adult or the vulnerable adult's legal guardian, when known if the lead 
61.2 	agency knows them to be aware of the investigation, and the facility, where applicable, 
61.3 	of the reason for the delay and the revised projected completion date provided that the 
61.4 	notification will not endanger the vulnerable adult or hamper the investigation. A lead 
61.5 	agency's inability to complete the final disposition within 60 calendar days or by any 
61.6 	projected completion date does not invalidate the final disposition.
61.7 	(e) (f) Within ten calendar days of completing the final disposition, the lead agency 
61.8 	shall provide a copy of the public investigation memorandum under subdivision 12b, 
61.9 	paragraph (b), clause (1), when required to be completed under this section, to the 
61.10 	following persons: (1) the vulnerable adult, or the vulnerable adult's legal guardian, if 
61.11 	known unless the lead agency knows that the notification would endanger the well-being 
61.12 	of the vulnerable adult; (2) the reporter, if the reporter requested notification when making 
61.13 	the report, provided this notification would not endanger the well-being of the vulnerable 
61.14 	adult; (3) the alleged perpetrator, if known; (4) the facility; and (5) the ombudsman for 
61.15 	long-term care, or the ombudsman for mental health and developmental disabilities, as 
61.16 	appropriate.
61.17 	(f) (g) The lead agency shall notify the vulnerable adult who is the subject of 
61.18 	the report or the vulnerable adult's legal guardian, if known, and any person or facility 
61.19 	determined to have maltreated a vulnerable adult, of their appeal or review rights under 
61.20 	this section or section 256.021.
61.21 	(g) (h) The lead agency shall routinely provide investigation memoranda for 
61.22 	substantiated reports to the appropriate licensing boards. These reports must include 
61.23 	the names of substantiated perpetrators. The lead agency may not provide investigative 
61.24 	memoranda for inconclusive or false reports to the appropriate licensing boards unless the 
61.25 	lead agency's investigation gives reason to believe that there may have been a violation of 
61.26 	the applicable professional practice laws. If the investigation memorandum is provided 
61.27 	to a licensing board, the subject of the investigation memorandum shall be notified and 
61.28 	receive a summary of the investigative findings.
61.29 	(h) (i) In order to avoid duplication, licensing boards shall consider the findings of 
61.30 	the lead agency in their investigations if they choose to investigate. This does not preclude 
61.31 	licensing boards from considering other information.
61.32 	(i) (j) The lead agency must provide to the commissioner of human services its final 
61.33 	dispositions, including the names of all substantiated perpetrators. The commissioner of 
61.34 	human services shall establish records to retain the names of substantiated perpetrators.

62.1 	Sec. 42. Minnesota Statutes 2008, section 626.557, subdivision 12b, is amended to 
62.2 	read:
62.3 		Subd. 12b.Data management. (a) In performing any of the duties of this section as 
62.4 	a lead agency, the county social service agency shall maintain appropriate records. Data 
62.5 	collected by the county social service agency under this section are welfare data under 
62.6 	section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data under this 
62.7 	paragraph that are inactive investigative data on an individual who is a vendor of services 
62.8 	are private data on individuals, as defined in section 13.02. The identity of the reporter 
62.9 	may only be disclosed as provided in paragraph (c).
62.10 	Data maintained by the common entry point are confidential data on individuals or 
62.11 	protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, 
62.12 	the common entry point shall destroy data three calendar years after date of receipt.
62.13 	(b) The commissioners of health and human services shall prepare an investigation 
62.14 	memorandum for each report alleging maltreatment investigated under this section. 
62.15 	County social service agencies must maintain private data on individuals but are not 
62.16 	required to prepare an investigation memorandum. During an investigation by the 
62.17 	commissioner of health or the commissioner of human services, data collected under this 
62.18 	section are confidential data on individuals or protected nonpublic data as defined in 
62.19 	section 13.02. Upon completion of the investigation, the data are classified as provided in 
62.20 	clauses (1) to (3) and paragraph (c).
62.21 	(1) The investigation memorandum must contain the following data, which are 
62.22 	public:
62.23 	(i) the name of the facility investigated;
62.24 	(ii) a statement of the nature of the alleged maltreatment;
62.25 	(iii) pertinent information obtained from medical or other records reviewed;
62.26 	(iv) the identity of the investigator;
62.27 	(v) a summary of the investigation's findings;
62.28 	(vi) statement of whether the report was found to be substantiated, inconclusive, 
62.29 	false, or that no determination will be made;
62.30 	(vii) a statement of any action taken by the facility;
62.31 	(viii) a statement of any action taken by the lead agency; and
62.32 	(ix) when a lead agency's determination has substantiated maltreatment, a statement 
62.33 	of whether an individual, individuals, or a facility were responsible for the substantiated 
62.34 	maltreatment, if known.
63.1 	The investigation memorandum must be written in a manner which protects the 
63.2 	identity of the reporter and of the vulnerable adult and may not contain the names or, to 
63.3 	the extent possible, data on individuals or private data listed in clause (2).
63.4 	(2) Data on individuals collected and maintained in the investigation memorandum 
63.5 	are private data, including:
63.6 	(i) the name of the vulnerable adult;
63.7 	(ii) the identity of the individual alleged to be the perpetrator;
63.8 	(iii) the identity of the individual substantiated as the perpetrator; and
63.9 	(iv) the identity of all individuals interviewed as part of the investigation.
63.10 	(3) Other data on individuals maintained as part of an investigation under this section 
63.11 	are private data on individuals upon completion of the investigation.
63.12 	(c) After the assessment or investigation is completed, the name of the reporter 
63.13 	must be confidential. The subject of the report may compel disclosure of the name of the 
63.14 	reporter only with the consent of the reporter or upon a written finding by a court that 
63.15 	the report was false and there is evidence that the report was made in bad faith. This 
63.16 	subdivision does not alter disclosure responsibilities or obligations under the Rules of 
63.17 	Criminal Procedure, except that where the identity of the reporter is relevant to a criminal 
63.18 	prosecution, the district court shall do an in-camera review prior to determining whether 
63.19 	to order disclosure of the identity of the reporter.
63.20 	(d) Notwithstanding section 138.163, data maintained under this section by the 
63.21 	commissioners of health and human services must be destroyed under the following 
63.22 	schedule:
63.23 	(1) data from reports determined to be false, two years after the finding was made;
63.24 	(2) data from reports determined to be inconclusive, four years after the finding 
63.25 	was made;
63.26 	(3) data from reports determined to be substantiated, seven years after the finding 
63.27 	was made; and
63.28 	(4) data from reports which were not investigated by a lead agency and for which 
63.29 	there is no final disposition, two years from the date of the report.
63.30 	(e) The commissioners of health and human services shall each annually report to 
63.31 	the legislature and the governor on the number and type of reports of alleged maltreatment 
63.32 	involving licensed facilities reported under this section, the number of those requiring 
63.33 	investigation under this section, and the resolution of those investigations. The report 
63.34 	shall identify:
63.35 	(1) whether and where backlogs of cases result in a failure to conform with statutory 
63.36 	time frames;
64.1 	(2) where adequate coverage requires additional appropriations and staffing; and
64.2 	(3) any other trends that affect the safety of vulnerable adults.
64.3 	(f) Each lead agency must have a record retention policy.
64.4 	(g) Lead agencies, prosecuting authorities, and law enforcement agencies may 
64.5 	exchange not public data, as defined in section 13.02, if the agency or authority requesting 
64.6 	the data determines that the data are pertinent and necessary to the requesting agency in 
64.7 	initiating, furthering, or completing an investigation under this section. Data collected 
64.8 	under this section must be made available to prosecuting authorities and law enforcement 
64.9 	officials, local county agencies, and licensing agencies investigating the alleged 
64.10 	maltreatment under this section. The lead agency shall exchange not public data with the 
64.11 	vulnerable adult maltreatment review panel established in section 256.021 if the data are 
64.12 	pertinent and necessary for a review requested under that section. Upon completion of the 
64.13 	review, not public data received by the review panel must be returned to the lead agency.
64.14 	(h) Each lead agency shall keep records of the length of time it takes to complete its 
64.15 	investigations.
64.16 	(i) A lead agency may notify other affected parties and their authorized representative 
64.17 	if the agency has reason to believe maltreatment has occurred and determines the 
64.18 	information will safeguard the well-being of the affected parties or dispel widespread 
64.19 	rumor or unrest in the affected facility.
64.20 	(j) Under any notification provision of this section, where federal law specifically 
64.21 	prohibits the disclosure of patient identifying information, a lead agency may not provide 
64.22 	any notice unless the vulnerable adult has consented to disclosure in a manner which 
64.23 	conforms to federal requirements.

64.24 	Sec. 43. Minnesota Statutes 2008, section 626.5572, subdivision 13, is amended to 
64.25 	read:
64.26 		Subd. 13.Lead agency. "Lead agency" is the primary administrative agency 
64.27 	responsible for investigating reports made under section 626.557.  
64.28 	(a) The Department of Health is the lead agency for the facilities which are licensed 
64.29 	or are required to be licensed as hospitals, home care providers, nursing homes, residential 
64.30 	care homes, or boarding care homes, or residential facilities that are also federally certified 
64.31 	as intermediate care facilities that serve people with developmental disabilities.
64.32 	(b) The Department of Human Services is the lead agency for the programs licensed 
64.33 	or required to be licensed as adult day care, adult foster care, programs for people with 
64.34 	developmental disabilities, mental health programs, or chemical health programs, or 
64.35 	personal care provider organizations.
65.1 	(c) The county social service agency or its designee is the lead agency for all 
65.2 	other reports.

65.3 	Sec. 44.  REPEALER.
 65.4 	Minnesota Statutes 2008, section 245C.10, subdivision 1, is repealed.

65.5 	ARTICLE 3
65.6 	DEPARTMENT OF HUMAN SERVICES LICENSING TECHNICAL

65.7 	Section 1. Minnesota Statutes 2008, section 245C.03, subdivision 4, is amended to read:
65.8 		Subd. 4.Personnel agencies; educational programs; professional services 
65.9 	agencies. The commissioner also may conduct studies on individuals specified in 
65.10 	subdivision 1, paragraph (a), clauses (3) and (4), when the studies are initiated by:
65.11 	(1) personnel pool agencies;
65.12 	(2) temporary personnel agencies;
65.13 	(3) educational programs that train individuals by providing direct contact services 
65.14 	in licensed programs; and
65.15 	(4) professional services agencies that are not licensed and which contract with 
65.16 	licensed programs to provide direct contact services or individuals who provide direct 
65.17 	contact services.

65.18 	Sec. 2. Minnesota Statutes 2008, section 245C.08, subdivision 1, is amended to read:
65.19 		Subdivision 1.Background studies conducted by commissioner of human 
65.20 	services. (a) For a background study conducted by the commissioner, the commissioner 
65.21 	shall review:
65.22 	(1) information related to names of substantiated perpetrators of maltreatment of 
65.23 	vulnerable adults that has been received by the commissioner as required under section 
65.24 	626.557, subdivision 9c, paragraph (i);
65.25 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
65.26 	programs, and from findings of maltreatment of minors as indicated through the social 
65.27 	service information system;
65.28 	(3) information from juvenile courts as required in subdivision 4 for individuals 
65.29 	listed in section 245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6); 
65.30 	(4) information from the Bureau of Criminal Apprehension; 
65.31 	(5) except as provided in clause (6), information from the national crime information 
65.32 	system when the commissioner has reasonable cause as defined under section 245C.05, 
65.33 	subdivision 5; and
66.1 	(6) for a background study related to a child foster care application for licensure or 
66.2 	adoptions, the commissioner shall also review:
66.3 	(i) information from the child abuse and neglect registry for any state in which the 
66.4 	background study subject has resided for the past five years; and
66.5 	(ii) information from national crime information databases, when the background 
66.6 	study object is 18 years of age or older.
66.7 	(b) Notwithstanding expungement by a court, the commissioner may consider 
66.8 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
66.9 	received notice of the petition for expungement and the court order for expungement is 
66.10 	directed specifically to the commissioner.

66.11 	Sec. 3. Minnesota Statutes 2008, section 245C.08, subdivision 2, is amended to read:
66.12 		Subd. 2.Background studies conducted by a county agency. (a) For a background 
66.13 	study conducted by a county agency for adult foster care, family adult day services, and 
66.14 	family child care services, the commissioner shall review:
66.15 	(1) information from the county agency's record of substantiated maltreatment 
66.16 	of adults and the maltreatment of minors;
66.17 	(2) information from juvenile courts as required in subdivision 4 for individuals 
66.18 	listed in section 245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6); and
66.19 	(3) information from the Bureau of Criminal Apprehension.
66.20 	(b) If the individual has resided in the county for less than five years, the study shall 
66.21 	include the records specified under paragraph (a) for the previous county or counties of 
66.22 	residence for the past five years.
66.23 	(c) Notwithstanding expungement by a court, the county agency may consider 
66.24 	information obtained under paragraph (a), clause (3), unless the commissioner received 
66.25 	notice of the petition for expungement and the court order for expungement is directed 
66.26 	specifically to the commissioner.

66.27 	Sec. 4. Minnesota Statutes 2008, section 245C.08, subdivision 4, is amended to read:
66.28 		Subd. 4.Juvenile court records. (a) The commissioner shall review records 
66.29 	from the juvenile courts for an individual studied under section 245C.03, subdivision 1, 
66.30 	paragraph (a), clauses (2) and (5). 
66.31 	(b) For individuals studied under section 245C.03, subdivision 1, paragraph (a), 
66.32 	clauses (1), (3), (4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner 
66.33 	shall review records from the juvenile courts when the commissioner has reasonable cause. 
67.1 	(c) The juvenile courts shall help with the study by giving the commissioner 
67.2 	existing juvenile court records on individuals described in section 245C.03, subdivision 1, 
67.3 	paragraph (a), clauses (2), (5), and (6), relating to delinquency proceedings held within 
67.4 	either the five years immediately preceding the background study or the five years 
67.5 	immediately preceding the individual's 18th birthday, whichever time period is longer. 
67.6 	(d) For purposes of this chapter, a finding that a delinquency petition is proven in 
67.7 	juvenile court shall be considered a conviction in state district court.
67.8 	(e) Juvenile courts shall provide orders of involuntary and voluntary termination of 
67.9 	parental rights under section 260C.301 to the commissioner upon request for purposes of 
67.10 	conducting a background study under this chapter.

67.11 	Sec. 5. Minnesota Statutes 2008, section 245C.14, subdivision 2, is amended to read:
67.12 		Subd. 2.Disqualification from access. (a) If an individual who is studied under 
67.13 	section 245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), is disqualified from 
67.14 	direct contact under subdivision 1, the commissioner shall also disqualify the individual 
67.15 	from access to a person receiving services from the license holder.  
67.16 	(b) No individual who is disqualified following a background study under section 
67.17 	245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), or as provided elsewhere 
67.18 	in statute who is disqualified as a result of this section, may be allowed access to persons 
67.19 	served by the program unless the commissioner has provided written notice under section 
67.20 	245C.17 stating that:  
67.21 	(1) the individual may remain in direct contact during the period in which the 
67.22 	individual may request reconsideration as provided in section 245C.21, subdivision 2;  
67.23 	(2) the commissioner has set aside the individual's disqualification for that 
67.24 	licensed program or entity identified in section 245C.03 as provided in section 245C.22, 
67.25 	subdivision 4; or  
67.26 	(3) the license holder has been granted a variance for the disqualified individual 
67.27 	under section 245C.30.

67.28 	Sec. 6. Minnesota Statutes 2008, section 299C.61, subdivision 6, is amended to read:
67.29 		Subd. 6.Children's service worker. "Children's service worker" means a person 
67.30 	who has, may have, or seeks to have access to a child to whom the children's service 
67.31 	provider provides children's services, and who:
67.32 	(1) is employed by, volunteers with, or seeks to be employed by or volunteer with 
67.33 	a children's service provider; or
68.1 	(2) is an independent contractor who provides children's services to a children's 
68.2 	service provider; or
68.3 	(3) owns, operates, or seeks to own or operate a children's service provider.

68.4 	Sec. 7. Minnesota Statutes 2008, section 299C.62, subdivision 3, is amended to read:
68.5 		Subd. 3.Children's service worker rights. (a) The children's service provider 
68.6 	shall notify the children's service worker of the children's service worker's rights under 
68.7 	paragraph (b).
68.8 	(b) A children's service worker who is the subject of a background check request 
68.9 	has the following rights:
68.10 	(1) the right to be informed that a children's service provider will request a 
68.11 	background check on the children's service worker:
68.12 	(i) for purposes of the children's service worker's application to be employed by, 
68.13 	volunteer with, be an independent contractor for, or be an owner of a children's service 
68.14 	provider or for purposes of continuing as an employee, volunteer, independent contractor, 
68.15 	or owner; and
68.16 	(ii) to determine whether the children's service worker has been convicted of any 
68.17 	crime specified in section 299C.61, subdivision 2 or 4;  
68.18 	(2) the right to be informed by the children's service provider of the superintendent's 
68.19 	response to the background check and to obtain from the children's service provider a copy 
68.20 	of the background check report;
68.21 	(3) the right to obtain from the superintendent any record that forms the basis for 
68.22 	the report;
68.23 	(4) the right to challenge the accuracy and completeness of any information 
68.24 	contained in the report or record pursuant to section 13.04, subdivision 4;  
68.25 	(5) the right to be informed by the children's service provider if the children's 
68.26 	service worker's application to be employed with, volunteer with, be an independent 
68.27 	contractor for, or be an owner of a children's service provider, or to continue as an 
68.28 	employee, volunteer, independent contractor, or owner, has been denied because of the 
68.29 	superintendent's response; and
68.30 	(6) the right not to be required directly or indirectly to pay the cost of the background 
68.31 	check.

68.32 	Sec. 8. Minnesota Statutes 2008, section 299C.62, subdivision 4, is amended to read:
68.33 		Subd. 4.Response of bureau. The superintendent shall respond to a background 
68.34 	check request within a reasonable time after receiving the signed, written document 
69.1 	described in subdivision 2. The superintendent shall provide the children's service 
69.2 	provider with a copy of the applicant's criminal record or a statement that the applicant is 
69.3 	not the subject of a criminal history record at the bureau. It is the responsibility of the 
69.4 	service provider to determine if the applicant qualifies as an employee or, volunteer, or 
69.5 	independent contractor under this section.