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Minnesota Legislature

Office of the Revisor of Statutes

HF 2467

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/06/2014 01:20pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying requirements for human services
background studies; amending Minnesota Statutes 2012, sections 245C.02, by
adding subdivisions; 245C.03, subdivision 2, by adding a subdivision; 245C.04,
subdivision 1; 245C.05, subdivisions 1, 2, 2c, 4, 5; 245C.07; 245C.13, subdivision
1; 245C.17, subdivision 1; 245C.20, by adding a subdivision; 245C.32, by adding
subdivisions; Minnesota Statutes 2013 Supplement, section 245C.04, subdivision
4a; proposing coding for new law in Minnesota Statutes, chapter 245C.

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

Section 1.

Minnesota Statutes 2012, section 245C.02, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Authorized fingerprint collection vendor. new text end

new text begin "Authorized fingerprint
collection vendor" means a qualified organization under a written contract with the
commissioner to provide services in accordance with section 245C.05, subdivision 5,
paragraph (d).
new text end

Sec. 2.

Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
to read:


new text begin Subd. 13a. new text end

new text begin NETStudy. new text end

new text begin "NETStudy" means the commissioner's online system
implemented in July 2004 and used by entities for submitting background study requests
required under this chapter.
new text end

Sec. 3.

Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
to read:


new text begin Subd. 13b. new text end

new text begin NETStudy 2.0. new text end

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

new text begin (1) providing access to and updates from public Web-based data related to
employment eligibility;
new text end

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

new text begin (3) supporting identity verification using subjects' Social Security numbers and
photographs;
new text end

new text begin (4) using electronic employer notifications; and
new text end

new text begin (5) issuing immediate verification of subjects' eligibility to provide services as more
studies are completed under the NETStudy 2.0 system.
new text end

Sec. 4.

Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
to read:


new text begin Subd. 17a. new text end

new text begin Roster. new text end

new text begin (a) "Roster" means the electronic method used to identify the
entity or entities required to conduct background studies under this chapter with which a
background subject is affiliated. There are three types of rosters: active roster, inactive
roster, and master roster.
new text end

new text begin (b) "Active roster" means the list of individuals specific to an entity who have been
determined eligible under this chapter to provide services for the entity and who the entity
has identified as affiliated. An individual shall remain on the entity's active roster and is
considered affiliated until the commissioner determines the individual is ineligible or the
entity removes the individual from the entity's active roster.
new text end

new text begin (c) "Inactive roster" means the list maintained by the commissioner of individuals
who are eligible under this chapter to provide services and are not on an active roster.
Individuals shall remain on the inactive roster for no more than 180 consecutive days,
unless the individual submits a written request to the commissioner requesting to remain
on the inactive roster for a longer period of time. Upon the commissioner's receipt of
information that may cause an individual on the inactive roster to be disqualified under
this chapter, the commissioner shall remove the individual from the inactive roster, and if
the individual again seeks a position requiring a background study, the individual shall be
required to complete a new background study.
new text end

new text begin (d) "Master roster" means the list maintained by the commissioner of all individuals
who, as a result of a background study under this chapter, and regardless of affiliation with
an entity, are determined by the commissioner to be eligible to provide services for one
or more entities. The master roster includes all background study subjects on rosters
under paragraphs (b) and (c).
new text end

Sec. 5.

Minnesota Statutes 2012, section 245C.03, subdivision 2, is amended to read:


Subd. 2.

Personal care provider organizationsnew text begin and community first services and
supports workers
new text end.

The commissioner shall conduct background studies on any individual
required under sections 256B.0651 to 256B.0656 deleted text beginanddeleted text endnew text begin,new text end 256B.0659new text begin, and 256B.85new text end to have a
background study completed under this chapter.

Sec. 6.

Minnesota Statutes 2012, section 245C.03, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Self-initiated background studies. new text end

new text begin Upon implementation of NETStudy
2.0, the commissioner shall conduct background studies according to this chapter when
initiated by an individual who is not on the master roster. A subject under this subdivision
who is not disqualified must be placed on the inactive roster.
new text end

Sec. 7.

Minnesota Statutes 2012, section 245C.04, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1
, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required
to be studied under section 245C.03, subdivision 1, at reapplication for a license for
family child care.

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
conduct a study of an individual required to be studied under section 245C.03, at the
time of reapplication for a child foster care license. The county or private agency shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08, subdivisions 1,
paragraph (a), clauses (1) to (5), 3, and 4.

(e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

(f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
paragraph (c), the commissioner shall conduct a study of an individual required to
be studied under section 245C.03 at the time of reapplication for an adult foster care
or family adult day services license: (1) the county shall collect and forward to the
commissioner the information required under section 245C.05, subdivision 1, paragraphs
(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
by the commissioner for all family adult day services and for adult foster care when
the adult foster care license holder resides in the adult foster care or family adult day
services residence; (2) the license holder shall collect and forward to the commissioner
the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b);
and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
adult foster care when the license holder does not reside in the adult foster care residence;
and (3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1,
paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.

(g) The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with an adult foster care or family adult day services license holder: (1) the
county shall collect and forward to the commissioner the information required under
section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a)
and (b), for background studies conducted by the commissioner for all family adult day
services and for adult foster care when the adult foster care license holder resides in
the adult foster care residence; (2) the license holder shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1, paragraphs
(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
commissioner for adult foster care when the license holder does not reside in the adult
foster care residence; and (3) the background study conducted by the commissioner under
this paragraph must include a review of the information required under section 245C.08,
subdivision 1
, paragraph (a), and subdivisions 3 and 4.

(h) Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

(i) deleted text beginA license holderdeleted text endnew text begin For an individual who is not on the entity's active roster,
the entity
new text end must initiate a new background study through the commissioner's online
background study system when:

(1) an individual returns to a position requiring a background study following an
absence of 90 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 90 or
more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to
the commissioner under this paragraph in the program's files. If the individual's
disqualification was previously set aside for the license holder's program and the new
background study results in no new information that indicates the individual may pose a
risk of harm to persons receiving services from the license holder, the previous set-aside
shall remain in effect.

(j) For purposes of this section, a physician licensed under chapter 147 is considered
to be continuously affiliated upon the license holder's receipt from the commissioner of
health or human services of the physician's background study results.

(k) For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.

Sec. 8.

Minnesota Statutes 2013 Supplement, section 245C.04, subdivision 4a, is
amended to read:


Subd. 4a.

Agency background studiesnew text begin; electronic criminal case information
updates; rosters; and criteria for eliminating repeat background studies
new text end.

(a) The
commissioner shall develop and implement an electronic process new text beginas a part of NETStudy
2.0
new text endfor the regular transfer of new criminal case information that is added to the Minnesota
court information system. The commissioner's system must include for review only
information that relates to individuals who deleted text beginhave been the subject of a background study
under this chapter that remain affiliated with the agency that initiated the background
study. For purposes of this paragraph, an individual remains affiliated with an agency
that initiated the background study until the agency informs the commissioner that the
individual is no longer affiliated. When any individual no longer affiliated according to
this paragraph returns to a position requiring a background study under this chapter, the
agency with whom the individual is again affiliated shall initiate a new background study
regardless of the length of time the individual was no longer affiliated with the agency
deleted text endnew text begin are on the master rosternew text end.

(b) The commissioner shall develop and implement an online system new text beginas a part of
NETStudy 2.0
new text endfor agencies that initiate background studies under this chapter to access
and maintain records of background studies initiated by that agency. The system must
show all active background study subjects affiliated with that agency and the status of
each individual's background study. Each agency that initiates background studies must
use this system to notify the commissioner of discontinued affiliation for purposes of the
processes required under paragraph (a).

new text begin (c) After an entity initiating a background study has paid the applicable fee for the
study and has provided the individual with the privacy notice required under section
245C.05, subdivision 2c, NETStudy 2.0 shall immediately inform the entity whether the
individual requires a background study or whether the individual is immediately eligible
to provide services based on a previous background study. If the individual is immediately
eligible, the entity initiating the background study shall be able to view the information
previously supplied by the individual who is the subject of a background study as required
under section 245C.05, subdivision 1, including the individual's photograph taken at the
time the individual's fingerprints were recorded. The commissioner shall not provide any
entity initiating a subsequent background study with information regarding the other
entities that initiated background studies on the subject.
new text end

new text begin (d) Verification that an individual is eligible to provide services based on a previous
background study is dependent on the individual voluntarily providing the individual's
Social Security number to the commissioner at the time each background study is initiated.
When an individual does not provide the individual's Social Security number for the
background study, that study is not transferable and a repeat background study on that
individual is required if the individual seeks a position requiring a background study under
this chapter with another entity.
new text end

Sec. 9.

Minnesota Statutes 2012, section 245C.05, subdivision 1, is amended to read:


Subdivision 1.

Individual studied.

(a) The individual who is the subject of the
background study must provide the applicant, license holder, or other entity under section
245C.04 with sufficient information to ensure an accurate study, including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) new text begincurrent new text endhome address, city, and state of residence;

(3) new text begincurrent new text endzip code;

(4) sex;

(5) date of birth; deleted text beginand
deleted text end

(6) Minnesota driver's license number or state identification numberdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) upon implementation of NETStudy 2.0, the home address, city, county, and
state of residence for the past five years.
new text end

(b) Every subject of a background study conducted or initiated by counties or private
agencies under this chapter must also provide the home address, city, county, and state of
residence for the past five years.

(c) Every subject of a background study related to private agency adoptions or
related to child foster care licensed through a private agency, who is 18 years of age
or older, shall also provide the commissioner a signed consent for the release of any
information received from national crime information databases to the private agency that
initiated the background study.

(d) The subject of a background study shall provide fingerprints new text beginand a photograph new text endas
required in subdivision 5deleted text begin, paragraph (c)deleted text end.

Sec. 10.

Minnesota Statutes 2012, section 245C.05, subdivision 2, is amended to read:


Subd. 2.

Applicant, license holder, or other entity.

new text begin(a) new text endThe applicant, license
holder, or other entities as provided in this chapter shall verify that the information
collected under subdivision 1 about an individual who is the subject of the background
study is correct and must provide the information on forms or in a format prescribed by
the commissioner.

new text begin (b) The information collected under subdivision 1 about an individual who is the
subject of a completed background study may only be viewable by an entity that initiates
a subsequent background study on that individual under NETStudy 2.0 after the entity
has paid the applicable fee for the study and has provided the individual with the privacy
notice in subdivision 2c.
new text end

Sec. 11.

Minnesota Statutes 2012, section 245C.05, subdivision 2c, is amended to read:


Subd. 2c.

Privacy notice to background study subject.

(a) deleted text beginFor everydeleted text endnew text begin Prior
to initiating each
new text end background study, the new text beginentity initiating the study must provide the
new text endcommissioner'snew text begin privacynew text end notice to the background study subject required under section
13.04, subdivision 2deleted text begin, that is provideddeleted text endnew text begin. The notice must be availablenew text end through the
commissioner's electronic NETStudy deleted text beginsystem or through the commissioner's background
study forms
deleted text endnew text begin and NETStudy 2.0 systems andnew text end shall include the information in deleted text beginparagraph
deleted text endnew text begin paragraphsnew text end (b)new text begin and (c)new text end.

(b) The background study subject shall be informed that any previous background
studies that received a set-aside will be reviewed, and without further contact with the
background study subject, the commissioner may notify the agency that initiated the
subsequent background study:

(1) that the individual has a disqualification that has been set aside for the program
or agency that initiated the study;

(2) the reason for the disqualification; and

(3) that information about the decision to set aside the disqualification will be
available to the license holder upon request without the consent of the background study
subject.

new text begin (c) The background study subject must also be informed that:
new text end

new text begin (1) the subject's fingerprints collected for purposes of completing the background
study under this chapter must not be retained by the Department of Public Safety, Bureau
of Criminal Apprehension, or by the commissioner, but will be retained by the Federal
Bureau of Investigation;
new text end

new text begin (2) effective upon implementation of NETStudy 2.0, the subject's photographic
image will be retained by the commissioner, and if the subject has provided the subject's
Social Security number for purposes of the background study, the photographic image will
be available to prospective employers and agencies initiating background studies under
this chapter to verify the identity of the subject of the background study;
new text end

new text begin (3) the commissioner's authorized fingerprint collection vendor shall, for purposes
of verifying the identity of the background study subject, be able to view the identifying
information entered into NETStudy 2.0 by the entity that initiated the background study,
but shall not retain the subject's fingerprints, photograph, or information from NETStudy
2.0. The authorized fingerprint collection vendor shall retain no more than the subject's
name and the date and time the subject's fingerprints were recorded and sent, only as
necessary for auditing and billing activities;
new text end

new text begin (4) the commissioner shall provide the subject notice, as required in section 245C.17,
subdivision 1, paragraph (a), when an entity initiates a background study on the individual;
new text end

new text begin (5) the subject may request in writing a report listing the entities that initiated
a background study on the individual as provided in section 245C.17, subdivision 1,
paragraph (b);
new text end

new text begin (6) the subject may request in writing that information used to complete the
individual's background study in NETStudy 2.0 be destroyed if the requirements of section
245C.051, paragraph (a), are met; and
new text end

new text begin (7) notwithstanding clause (6), the commissioner shall destroy:
new text end

new text begin (i) the subject's photograph after a period of two years when the requirements of
section 245C.051, paragraph (c), are met; and
new text end

new text begin (ii) any data collected on a subject under this chapter after a period of two years
following the individual's death as provided in section 245C.051, paragraph (d).
new text end

Sec. 12.

Minnesota Statutes 2012, section 245C.05, subdivision 4, is amended to read:


Subd. 4.

Electronic transmission.

(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement anew text begin securenew text end system for the
electronic transmission of:

(1) background study information to the commissioner;

(2) background study results to the license holder;

(3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster care; and

(4) background study results to county agencies for background studies conducted
by the commissioner for adult foster care and family adult day services.

(b) Unless the commissioner has granted a hardship variance under paragraph (c),
a license holder or an applicant must use the electronic transmission system known
as NETStudy new text beginor NETStudy 2.0 new text endto submit all requests for background studies to the
commissioner as required by this chapter.

(c) A license holder or applicant whose program is located in an area in which
high-speed Internet is inaccessible may request the commissioner to grant a variance to
the electronic transmission requirement.

Sec. 13.

Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:


Subd. 5.

Fingerprintsnew text begin and photographnew text end.

(a) new text beginBefore the implementation of
NETStudy 2.0,
new text endexcept as provided in paragraph (c), for any background study completed
under this chapter, when the commissioner has reasonable cause to believe that further
pertinent information may exist on the subject of the background study, the subject
shall provide the commissioner with a set of classifiable fingerprints obtained from an
authorized agency.

(b) new text beginBefore the implementation of NETStudy 2.0, new text endfor purposes of requiring
fingerprints, the commissioner has reasonable cause when, but not limited to, the:

(1) information from the Bureau of Criminal Apprehension indicates that the subject
is a multistate offender;

(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined; or

(3) commissioner has received a report from the subject or a third party indicating
that the subject has a criminal history in a jurisdiction other than Minnesota.

(c) deleted text beginExcept as specified under section 245C.04, subdivision 1,deleted text endnew text begin Notwithstanding
new text end paragraph (d), for background studies conducted by the commissioner for child foster
care or adoptions, the subject of the background study, who is 18 years of age or older,
shall provide the commissioner with a set of classifiable fingerprints obtained from an
authorized agency.

new text begin (d) For background studies initiated on or after the implementation of NETStudy
2.0, every subject of a background study must provide the commissioner with a set of the
background study subject's classifiable fingerprints and photograph. The photograph
and fingerprints must be recorded at the same time by the commissioner's authorized
fingerprint collection vendor and sent to the commissioner through the commissioner's
secure data system described in section 245C.32, subdivision 1a, paragraph (b). The
fingerprints shall not be retained by the Department of Public Safety, Bureau of Criminal
Apprehension, or the commissioner, but will be retained by the Federal Bureau of
Investigation. The commissioner's authorized fingerprint collection vendor shall, for
purposes of verifying the identity of the background study subject, be able to view
the identifying information entered into NETStudy 2.0 by the entity that initiated the
background study, but shall not retain the subject's fingerprints, photograph, or information
from NETStudy 2.0. The authorized fingerprint collection vendor shall retain no more
than the name and date and time the subject's fingerprints were recorded and sent, only as
necessary for auditing and billing activities.
new text end

Sec. 14.

new text begin [245C.051] DESTRUCTION OF BACKGROUND STUDY SUBJECT
INFORMATION.
new text end

new text begin (a) A background study subject may request in writing to the commissioner that
information used to complete the individual's study in NETStudy 2.0 be destroyed if
the individual:
new text end

new text begin (1) has not been affiliated with any entity for the previous two years; and
new text end

new text begin (2) has no current disqualifying characteristic.
new text end

new text begin (b) After receiving the request and verifying the information in paragraph (a), the
commissioner shall destroy the information used to complete the subject's background
study and shall keep a record of the subject's name and a notation of the date that the
information was destroyed.
new text end

new text begin (c) When a previously studied individual has not been on the master roster for two
years, the commissioner shall destroy the photographic image of the individual obtained
under section 245C.05, subdivision 5, paragraph (d).
new text end

new text begin (d) Any data collected on an individual under this chapter that is maintained by the
commissioner that has not been destroyed according to paragraph (b) or (c), shall be
destroyed when two years have elapsed from the individual's actual death that is reported
to the commissioner or when 90 years have elapsed since the individual's birth except
when readily available data indicate that the individual is still living.
new text end

Sec. 15.

Minnesota Statutes 2012, section 245C.07, is amended to read:


245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) Subject to the conditions in paragraph (d), when a license holder, applicant, or
other entity owns multiple programs or services that are licensed by the Department
of Human Services, Department of Health, or Department of Corrections, only one
background study is required for an individual who provides direct contact services in one
or more of the licensed programs or services if:

(1) the license holder designates one individual with one address and telephone
number as the person to receive sensitive background study information for the multiple
licensed programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information
is capable of determining, upon request of the department, whether a background study
subject is providing direct contact services in one or more of the license holder's programs
or services and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple
licensed programs according to paragraph (a), and one or more of the licensed programs
closes, the license holder shall immediately notify the commissioner which staff must be
transferred to an active license so that the background studies can be electronically paired
with the license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a
foster care provider that is also registered under chapter 144D, a study subject affiliated
with multiple licensed programs or services may attach to the background study form a
cover letter indicating the additional names of the programs or services, addresses, and
background study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each
program or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies
shall satisfy those programs' or services' responsibilities for initiating a background study
on that individual.

(d) If a background study was conducted on an individual related to child foster care
and the requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. If a background study was conducted on an individual under
a license other than child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster care.

(e) The provisions of this section that allow a single background study in one
or more licensed programs or services do not apply to background studies submitted
by adoption agencies, supplemental nursing services agencies, personnel agencies,
educational programs, professional services agencies, and unlicensed personal care
provider organizations.

new text begin (f) For an entity operating under NETStudy 2.0, the entity's active roster must be
the system used to document when a background study subject is affiliated with multiple
entities.
new text end

Sec. 16.

Minnesota Statutes 2012, section 245C.13, subdivision 1, is amended to read:


Subdivision 1.

Timing.

Upon receipt of the background study forms from an
applicant, license holder, or other entity as provided in this chapter required to initiate
a background study under section 245C.04, the commissioner shall complete the
background study and provide the notice required under section 245C.17, subdivision 1deleted text begin,
within 15 working days
deleted text end.

Sec. 17.

Minnesota Statutes 2012, section 245C.17, subdivision 1, is amended to read:


Subdivision 1.

Time frame for notice of study resultsnew text begin and auditing system
access
new text end.

deleted text begin (a) Within 15 working days after the commissioner's receipt of the background
study form, the commissioner shall notify the individual who is the subject of the study
in writing or by electronic transmission of the results of the study or that more time
is needed to complete the study.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end Within deleted text begin15deleted text endnew text begin threenew text end working days after the commissioner's receipt of deleted text beginthedeleted text endnew text begin a request
for a
new text end background study deleted text beginformdeleted text end submitted deleted text beginon paperdeleted text endnew text begin through the commissioner's NETStudy
or NETStudy 2.0 system
new text end, the commissioner shall notify the deleted text beginapplicant,deleted text endnew text begin background study
subject and the
new text end license holderdeleted text begin,deleted text end or other entity as provided in this chapter in writing or by
electronic transmission of the results of the study or that more time is needed to complete
the study.new text begin The notice to the individual shall include the identity of the entity that initiated
the background study.
new text end

deleted text begin (c) Within three days after the commissioner's receipt of a request for a background
study submitted through the commissioner's online system, the commissioner shall
provide an electronic notification to the applicant, license holder, or other entity as
provided in this chapter. The electronic notification shall disclose the results of the study
or that more time is needed to complete the study.
deleted text end new text begin (b) Before being provided access to
NETStudy 2.0, the license holder or other entity under section 245C.04 shall sign an
acknowledgment of responsibilities form developed by the commissioner that includes
identifying the sensitive background study information person, who must be an employee
of the license holder or entity. All queries to NETStudy 2.0 are electronically recorded
and subject to audit by the commissioner. The electronic record shall identify the specific
user. A background study subject may request in writing to the commissioner a report
listing the entities that initiated a background study on the individual.
new text end

deleted text begin (d)deleted text endnew text begin (c)new text end When the commissioner has completed a prior background study on an
individual that resulted in an order for immediate removal and more time is necessary to
complete a subsequent study, the notice that more time is needed that is issued under
deleted text beginparagraphsdeleted text endnew text begin paragraphnew text end (a)deleted text begin, (b), and (c)deleted text end shall include an order for immediate removal of the
individual from any position allowing direct contact with or access to people receiving
services pending completion of the background study.

Sec. 18.

Minnesota Statutes 2012, section 245C.20, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Background studies identified on active rosters. new text end

new text begin The requirements in
subdivisions 1 and 2 are met for entities for which active rosters are implemented and for
whom all individuals affiliated with the entity are recorded on the active roster.
new text end

Sec. 19.

Minnesota Statutes 2012, section 245C.32, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin NETStudy 2.0 system. new text end

new text begin (a) The commissioner shall design, develop, and
test the NETStudy 2.0 system and implement it no later than September 1, 2015.
new text end

new text begin (b) The NETStudy 2.0 system developed and implemented by the commissioner
shall incorporate and meet all applicable data security standards and policies required
by the Federal Bureau of Investigation (FBI), Department of Public Safety, Bureau of
Criminal Apprehension, and the MN.IT Services Department. The system shall meet
all required standards for encryption of data at the database level as well as encryption
of data that travels electronically among agencies initiating background studies, the
commissioner's authorized fingerprint collection vendor, the commissioner, the Bureau of
Criminal Apprehension, and in cases involving national criminal record checks, the FBI.
new text end

new text begin (c) The data system developed and implemented by the commissioner shall
incorporate a system of data security that allows the commissioner to control access to the
data field level by the commissioner's employees. The commissioner shall establish that
employees have access to the minimum amount of private data on any individual as is
necessary to perform their duties under this chapter.
new text end

new text begin (d) The commissioner shall oversee regular quality and compliance audits of the
authorized fingerprint collection vendor.
new text end

Sec. 20.

Minnesota Statutes 2012, section 245C.32, is amended by adding a
subdivision to read:


new text begin Subd. 1b. new text end

new text begin Civil remedies. new text end

new text begin When accessing private data on individuals through
NETStudy 2.0, entities that are authorized to initiate background studies and the
commissioner's authorized fingerprint collection vendors shall be subject to all
responsibilities and civil remedies applicable to a responsible authority or government
entity as specified under section 13.08.
new text end