HF 454

as introduced - 91st Legislature (2019 - 2020) Posted on 01/28/2019 01:58pm

A bill for an act
relating to health; requiring background studies of paid and volunteer employees
of youth camps and youth camp programs; amending Minnesota Statutes 2018,
sections 144.057, subdivisions 1, 2, 4, by adding a subdivision; 144.71, subdivision
2; 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.10,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 144.

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

Section 1.

Minnesota Statutes 2018, section 144.057, subdivision 1, is amended to read:

Subdivision 1.

Background studies required.

The commissioner of health shall contract
with the commissioner of human services to conduct background studies of:

(1) individuals providing services which have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; residential care homes licensed under
chapter 144B, and board and lodging establishments that are registered to provide supportive
or health supervision services under section 157.17;

(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A or a boarding
care home licensed under sections 144.50 to 144.58. If the individual under study resides
outside Minnesota, the study must include a check for substantiated findings of maltreatment
of adults and children in the individual's state of residence when the information is made
available by that state, and must include a check of the National Crime Information Center
database;

(3) beginning July 1, 1999, all other employees in nursing homes licensed under chapter
144A, and boarding care homes licensed under sections 144.50 to 144.58. A disqualification
of an individual in this section shall disqualify the individual from positions allowing direct
contact or access to patients or residents receiving services. "Access" means physical access
to a client or the client's personal property without continuous, direct supervision as defined
in section 245C.02, subdivision 8, when the employee's employment responsibilities do not
include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; deleted text begin and
deleted text end

(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) individuals who are paid or volunteer employees of a youth camp, youth summer
day camp program, or youth summer residential camp program, as defined in section 144.71,
subdivision 2, in a position with direct contact, as defined in section 245C.02, subdivision
11.
new text end

If a facility or program is licensed by the Department of Human Services and subject to
the background study provisions of chapter 245C and is also licensed by the Department
of Health, the Department of Human Services is solely responsible for the background
studies of individuals in the jointly licensed programs.

Sec. 2.

Minnesota Statutes 2018, section 144.057, subdivision 2, is amended to read:

Subd. 2.

Responsibilities of Department of Human Services.

new text begin (a) new text end The Department of
Human Services shall conduct the background studies required by subdivision 1 in
compliance with the provisions of chapter 245C. For the purpose of this section, the term
"residential program" shall include all facilities described in subdivision 1. The Department
of Human Services shall provide necessary forms and instructions, shall conduct the
necessary background studies of individuals, and shall provide notification of the results of
the studies to the new text begin :
new text end

new text begin (1) new text end facilities, supplemental nursing services agencies, new text begin youth camps, youth summer day
camp programs, or youth summer residential camp programs;
new text end

new text begin (2) new text end individuals deleted text begin , deleted text end new text begin ; new text end and

new text begin (3) new text end the commissioner of health.

new text begin (b) new text end Individuals shall be disqualified under the provisions of chapter 245C. If an individual
is disqualified, the Department of Human Services shall notify new text begin :
new text end

new text begin (1) new text end the facility, the supplemental nursing services agency, new text begin youth camp, youth summer
day camp program, or youth summer residential camp program; new text end and

new text begin (2) new text end the individual and shall inform the individual of the right to request a reconsideration
of the disqualification by submitting the request to the Department of Health.

Sec. 3.

Minnesota Statutes 2018, section 144.057, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Additional requirements; youth camps and youth camp programs. new text end

new text begin For a
background study initiated by an operator of a youth camp, youth summer day camp program,
or youth summer residential camp program, the background study subject must submit to
a criminal history records check of state data completed by the Bureau of Criminal
Apprehension and a national criminal history records check, including a search of the records
of the Federal Bureau of Investigation.
new text end

Sec. 4.

Minnesota Statutes 2018, section 144.057, subdivision 4, is amended to read:

Subd. 4.

Responsibilities of facilities new text begin , youth camps, new text end and agencies.

Facilities new text begin , youth
camps, new text end and agencies described in subdivision 1 shall be responsible for cooperating with
the departments in implementing the provisions of this section. The responsibilities imposed
on applicants and licensees under chapters 245A and 245C shall apply to these facilities new text begin ,
youth camps, new text end and supplemental nursing services agencies. The provision of section 245C.09,
shall apply to applicants, licensees, registrants, or an individual's refusal to cooperate with
the completion of the background studies. Supplemental nursing services agencies subject
to the registration requirements in section 144A.71 must maintain records verifying
compliance with the background study requirements under this section. new text begin Youth camps subject
to licensure under sections 144.71 to 144.74 must maintain records verifying compliance
with the background study requirements under this section that apply to paid and volunteer
employees of the youth camp and for any paid and volunteer employees of a youth summer
day camp program or youth summer residential camp program that contracts with the youth
camp to hold a youth camp program at the youth camp site.
new text end

Sec. 5.

Minnesota Statutes 2018, section 144.71, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Definition deleted text end new text begin Definitions new text end .

deleted text begin For the purpose of such sections, a youth camp is
defined as deleted text end new text begin The definitions in this subdivision apply to sections 144.71 to 144.74:
new text end

new text begin (1) "youth camp" means new text end a parcel or parcels of land with permanent buildings, tents or
other structures together with appurtenances thereon, established or maintained as living
quarters where both food and beverage service and lodging or the facilities therefor are
provided for ten or more people, operated continuously for a period of five days or more
each year for educational, recreational or vacation purposes, and the use of the camp is
offered to minors free of charge or for payment of a fee deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) "youth summer day camp program" means a program that operates at a youth camp
on a scheduled basis at any time between June 1 and September 15, provides indoor or
outdoor organized group activities under general supervision to children under 16 years of
age for a period of less than 24 hours on any day, and does not provide for overnight
occupancy by these children; and
new text end

new text begin (3) "youth summer residential camp program" means a program that operates at a youth
camp on a scheduled basis at any time between June 1 and September 15, provides indoor
or outdoor organized activities to children under 18 years of age, and provides for overnight
occupancy by these children.
new text end

Sec. 6.

new text begin [144.725] BACKGROUND CHECKS FOR CERTAIN YOUTH CAMPS.
new text end

new text begin As a condition of licensure under section 144.72, an operator of a youth camp:
new text end

new text begin (1) shall conduct a background study for each applicant for paid or volunteer employment
with a youth camp for a position with direct contact, as defined in section 245C.02,
subdivision 11; and
new text end

new text begin (2) is permitted to contract with an operator of a youth summer day camp program or
youth summer residential camp program to hold a youth summer day camp program or
youth summer residential camp program at the youth camp site, only if the operator of the
youth camp program conducts a background study for each applicant for paid or volunteer
employment with the youth camp program for a position with direct contact, as defined in
section 245C.02, subdivision 11.
new text end

Sec. 7.

Minnesota Statutes 2018, section 245C.03, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Youth camps and youth camp programs. new text end

new text begin The commissioner shall conduct
all background studies initiated by an operator of a youth camp, youth summer day camp
program, or youth summer residential camp program under section 144.725.
new text end

Sec. 8.

Minnesota Statutes 2018, section 245C.04, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Youth camps and youth camp programs. new text end

new text begin An operator of a youth camp or
youth camp program that initiates a background study under section 144.725 of an applicant
for paid or volunteer employment with the youth camp or youth camp program for a position
with direct contact must submit completed background study forms to the commissioner
before the applicant begins employment with the youth camp or youth camp program.
new text end

Sec. 9.

Minnesota Statutes 2018, section 245C.10, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Youth camps and youth camp programs. new text end

new text begin The commissioner shall recover
the cost of the background studies initiated under section 144.725 by an operator of a youth
camp, youth summer day camp program, or youth summer residential camp program through
a fee of no more than $20 per study charged to the operator of the youth camp or youth
camp program.
new text end