HF 1002

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2013 03:33pm

A bill for an act
relating to health occupations; establishing a criminal background check
process for individuals licensed by the health-related licensing boards and the
commissioner of health; appropriating money; amending Minnesota Statutes
2012, section 13.411, subdivision 7; proposing coding for new law in Minnesota
Statutes, chapter 214.

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

Section 1.

Minnesota Statutes 2012, section 13.411, subdivision 7, is amended to read:

Subd. 7.

Examining and licensing boards.

(a) Health licensing boards. Data
held by health licensing boards are classified under sections 214.10, subdivision 8, and
214.25, subdivision 1.

(b) Combined boards data. Data held by licensing boards participating in a health
professional services program are classified under sections 214.34 and 214.35.

new text begin (c) Criminal background checks. Criminal history record information obtained by
a health-related licensing board or the commissioner of health is classified under section
214.075, subdivision 7.
new text end

Sec. 2.

new text begin [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
BACKGROUND CHECKS.
new text end

new text begin Subdivision 1. new text end

new text begin Applications. new text end

new text begin (a) By January 1, 2018, each health-related licensing
board, as defined in section 214.01, subdivision 2, and the commissioner of health,
as the regulator for occupational therapy practitioners, speech-language pathologists,
audiologists, and hearing instrument dispensers, shall require applicants for initial
licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse in
licensure, as defined by the individual health-related licensing boards or the commissioner
of health, to submit to a criminal history records check of state data completed by the
Bureau of Criminal Apprehension (BCA) and a national criminal history records check,
including a search of the records of the Federal Bureau of Investigation (FBI).
new text end

new text begin (b) An applicant must complete a criminal background check if more than one year
has elapsed since the applicant last submitted a background check to the board.
new text end

new text begin Subd. 2. new text end

new text begin Investigations. new text end

new text begin If a health-related licensing board or the commissioner of
health has reasonable cause to believe a licensee has been charged with or convicted of a
crime in this or any other jurisdiction, the health-related licensing board or commissioner
may require the licensee to submit to a criminal history records check of state data
completed by the BCA and a national criminal history records check, including a search
of the records of the FBI.
new text end

new text begin Subd. 3. new text end

new text begin Consent form; fees; and fingerprints. new text end

new text begin In order to effectuate the federal
level, fingerprint-based criminal background check, the applicant or licensee must submit
a completed criminal history records check consent form and a full set of fingerprints to
the respective health-related licensing board or the commissioner or a designee in the
manner and form specified by the board or the commissioner. The applicant or licensee is
responsible for all fees associated with preparation of the fingerprints, the criminal records
check consent form, and the criminal background check. The fees for the criminal records
background check shall be set by the BCA and the FBI and are not refundable.
new text end

new text begin Subd. 4. new text end

new text begin Refusal to consent. new text end

new text begin (a) The health-related licensing boards or
commissioner of health shall not issue a license to any applicant who refuses to consent
to a criminal background check or fails to submit fingerprints within 90 days after
submission of an application for licensure. Any fees paid by the applicant to the board
shall be forfeited if the applicant refuses to consent to the criminal background check or
fails to submit the required fingerprints.
new text end

new text begin (b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health licensing board or
commissioner of health.
new text end

new text begin Subd. 5. new text end

new text begin Submission of fingerprints to the Bureau of Criminal Apprehension.
new text end

new text begin The health-related licensing board, commissioner, or designee shall submit applicant
or licensee fingerprints to the BCA. The BCA shall perform a check for state criminal
justice information and shall forward the applicant's or licensee's fingerprints to the FBI
to perform a check for national criminal justice information regarding the applicant or
licensee. The BCA shall report to the board or the commissioner the results of the state
and national criminal justice information checks.
new text end

new text begin Subd. 6. new text end

new text begin Alternatives to fingerprint-based criminal background checks. new text end

new text begin The
health-related licensing board or commissioner may require an alternative method of
criminal history checks for an applicant or licensee who has submitted at least three sets
of fingerprints in accordance with this section that have been unreadable by the BCA or
the FBI.
new text end

new text begin Subd. 7. new text end

new text begin Data practices. new text end

new text begin Criminal history record information obtained by the
health-related licensing board or commissioner under this section is private data on
individuals under section 13.02, subdivision 12.
new text end

new text begin Subd. 8. new text end

new text begin Opportunity to challenge accuracy of report. new text end

new text begin Prior to taking disciplinary
action against an applicant or a licensee based on a criminal conviction, the health-related
licensing board or commissioner shall provide the applicant or the licensee an opportunity
to complete or challenge the accuracy of the criminal history information reported
to the board or commissioner. The applicant or licensee shall have 30 calendar days
following notice from the board or commissioner of the intent to deny licensure or to take
disciplinary action to request an opportunity to correct or complete the record prior to the
board or the commissioner taking disciplinary action based on the information reported to
the board or commissioner. The board or commissioner shall provide the applicant up
to 180 days to challenge the accuracy or completeness of the report with the agency
responsible for the record.
new text end

new text begin Subd. 9. new text end

new text begin Instructions to the board; plans. new text end

new text begin The health-related licensing boards and
the commissioner of health, in collaboration with the commissioner of human services
and the BCA, shall establish a plan for completing criminal background checks of all
licensees who were licensed before the effective date requirement under subdivision
1. The plan must seek to minimize duplication of requirements for background checks
of licensed health professionals. The plan for background checks of current licensees
shall be developed no later than January 1, 2017, and may be contingent upon the
implementation of a system by the BCA or FBI in which any new crimes that an applicant
or licensee commits after an initial background check are flagged in the BCA's or FBI's
database and reported back to the board or commissioner of health. The plan shall include
recommendations for any necessary statutory changes.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated for fiscal year 2014 from the state government special revenue
fund to the Administrative Services Unit for the implementation of a criminal background
check program.
new text end