SF 821

Introduction - 86th Legislature (2009 - 2010)

Posted on 02/09/2010 02:16 a.m.

A bill for an act
relating to human services; modifying provisions governing human services
licensure disqualifications; amending Minnesota Statutes 2008, section 245C.24,
subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

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

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

new text begin (c) For an individual who was disqualified for a crime or conduct listed under section
245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 2005, the
commissioner must consider granting a set-aside under section 245C.22. An employer
who hires an individual who provides in-home services shall monitor service provision
with the client by telephone at least quarterly. A request for reconsideration evaluated
under this paragraph must include a letter of recommendation from the license holder that
was subject to the prior set-aside decision addressing the individual's quality of care to
children or vulnerable adults and the circumstances of the individual's departure from that
service. This paragraph does not apply to individuals convicted under sections 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the
second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal
sexual conduct in the fourth degree); 609.3453 (criminal sexual predatory conduct);
609.352 (solicitation of children to engage in sexual conduct); 617.23, subdivision 2,
clause (1), or subdivision 3, clause (1) (indecent exposure involving a minor); or 617.246
(use of minors in a sexual performance).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end