HF 3121

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; changing provisions in the 
  1.3             licensing process for certain individuals and 
  1.4             corporations; amending Minnesota Statutes 2001 
  1.5             Supplement, section 245A.04, subdivisions 3, 3b, 3d. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.8   245A.04, subdivision 3, is amended to read: 
  1.9      Subd. 3.  [BACKGROUND STUDY OF THE APPLICANT; DEFINITIONS.] 
  1.10  (a) Individuals and organizations that are required in statute 
  1.11  to initiate background studies under this section shall inquire 
  1.12  into the criminal history of prospective employees and submit 
  1.13  that information to the commissioner and comply with the 
  1.14  following requirements: 
  1.15     (1) Applicants for licensure, license holders, and other 
  1.16  entities as provided in this section must submit receive 
  1.17  completed background study forms to studies from the 
  1.18  commissioner before individuals specified in paragraph (c), 
  1.19  clauses (1) to (4), (6), and (7), begin positions allowing 
  1.20  direct contact in any licensed program.  The commissioner may 
  1.21  impose civil sanctions pursuant to sections 245A.06 and 245A.07 
  1.22  for failure to request a background study.  The commissioner of 
  1.23  health may impose civil sanctions pursuant to sections 144.55, 
  1.24  144.653, 144A.10, 144A.11, 144A.46, and 144A.72 for failure to 
  1.25  request a background study. 
  2.1      (2) Applicants and license holders under the jurisdiction 
  2.2   of other state agencies who are required in other statutory 
  2.3   sections to initiate background studies under this section must 
  2.4   submit receive completed background study forms to studies from 
  2.5   the commissioner prior to the background study subject beginning 
  2.6   in a position allowing direct contact in the licensed program, 
  2.7   or where applicable, prior to being employed.  The commissioner 
  2.8   may impose civil sanctions pursuant to sections 245A.06 and 
  2.9   245A.07 for failure to request a background study.  The 
  2.10  commissioner of health may impose civil sanctions pursuant to 
  2.11  sections 144.55, 144.653, 144A.10, 144A.11, 144A.46, and 144A.72 
  2.12  for failure to request a background study. 
  2.13     (3) Organizations required to initiate background studies 
  2.14  under section 256B.0627 for individuals described in paragraph 
  2.15  (c), clause (5), must submit receive a completed background 
  2.16  study form to studies from the commissioner before those 
  2.17  individuals begin a position allowing direct contact with 
  2.18  persons served by the organization.  The commissioner may impose 
  2.19  civil sanctions pursuant to sections 245A.06 and 245A.07 for 
  2.20  failure to request a background study.  The commissioner of 
  2.21  health may impose civil sanctions pursuant to sections 144.55, 
  2.22  144.653, 144A.10, 144A.11, 144A.46, and 144A.72 for failure to 
  2.23  request a background study.  The commissioner shall recover the 
  2.24  cost of these background studies through a fee of no more than 
  2.25  $12 per study charged to the organization responsible for 
  2.26  submitting the background study form.  The fees collected under 
  2.27  this paragraph are appropriated to the commissioner for the 
  2.28  purpose of conducting background studies.  
  2.29     Upon receipt of the background study forms from the 
  2.30  entities in clauses (1) to (3), the commissioner shall complete 
  2.31  the background study as specified under this section and provide 
  2.32  notices required in subdivision 3a.  Unless otherwise specified, 
  2.33  the subject of a background study may have direct contact with 
  2.34  persons served by a program after the background study form is 
  2.35  mailed or submitted to the commissioner pending notification of 
  2.36  the study results under subdivision 3a.  A county agency may 
  3.1   accept a background study completed by the commissioner under 
  3.2   this section in place of the background study required under 
  3.3   section 245A.16, subdivision 3, in programs with joint licensure 
  3.4   as home and community-based services and adult foster care for 
  3.5   people with developmental disabilities when the license holder 
  3.6   does not reside in the foster care residence and the subject of 
  3.7   the study has been continuously affiliated with the license 
  3.8   holder since the date of the commissioner's study. 
  3.9      (b) The definitions in this paragraph apply only to 
  3.10  subdivisions 3 to 3e. 
  3.11     (1) "Background study" means the review of records 
  3.12  conducted by the commissioner to determine whether a subject is 
  3.13  disqualified from direct contact with persons served by a 
  3.14  program, and where specifically provided in statutes, whether a 
  3.15  subject is disqualified from having access to persons served by 
  3.16  a program.  A background study includes a national criminal 
  3.17  history report utilizing the National Crime Information Center 
  3.18  (NCIC).  The commissioner will adopt any measures necessary to 
  3.19  obtain these reports. 
  3.20     (2) "Continuous, direct supervision" means an individual is 
  3.21  within sight or hearing of the supervising person to the extent 
  3.22  that supervising person is capable at all times of intervening 
  3.23  to protect the health and safety of the persons served by the 
  3.24  program. 
  3.25     (3) "Contractor" means any person, regardless of employer, 
  3.26  who is providing program services for hire under the control of 
  3.27  the provider. 
  3.28     (4) "Direct contact" means providing face-to-face care, 
  3.29  training, supervision, counseling, consultation, or medication 
  3.30  assistance to persons served by the program. 
  3.31     (5) "Reasonable cause" means information or circumstances 
  3.32  exist which provide the commissioner with articulable suspicion 
  3.33  that further pertinent information may exist concerning a 
  3.34  subject.  The commissioner has reasonable cause when, but not 
  3.35  limited to, the commissioner has received a report from the 
  3.36  subject, the license holder, or a third party indicating that 
  4.1   the subject has a history that would disqualify the person or 
  4.2   that may pose a risk to the health or safety of persons 
  4.3   receiving services. 
  4.4      (6) "Subject of a background study" means an individual on 
  4.5   whom a background study is required or completed. 
  4.6      (c) The applicant, license holder, registrant under section 
  4.7   144A.71, subdivision 1, bureau of criminal apprehension, 
  4.8   commissioner of health, and county agencies, after written 
  4.9   notice to the individual who is the subject of the study, shall 
  4.10  help with the study by giving the commissioner criminal 
  4.11  conviction data and reports about the maltreatment of adults 
  4.12  substantiated under section 626.557 and the maltreatment of 
  4.13  minors in licensed programs substantiated under section 
  4.14  626.556.  The individuals to be studied shall include: 
  4.15     (1) the applicant; 
  4.16     (2) persons age 13 and over living in the household where 
  4.17  the licensed program will be provided; 
  4.18     (3) current employees or contractors of the applicant who 
  4.19  will have direct contact with persons served by the facility, 
  4.20  agency, or program; 
  4.21     (4) volunteers or student volunteers who have direct 
  4.22  contact with persons served by the program to provide program 
  4.23  services, if the contact is not directly supervised by the 
  4.24  individuals listed in clause (1) or (3); 
  4.25     (5) any person required under section 256B.0627 to have a 
  4.26  background study completed under this section; 
  4.27     (6) persons ages 10 to 12 living in the household where the 
  4.28  licensed services will be provided when the commissioner has 
  4.29  reasonable cause; and 
  4.30     (7) persons who, without providing direct contact services 
  4.31  at a licensed program, may have unsupervised access to children 
  4.32  or vulnerable adults receiving services from the program 
  4.33  licensed to provide family child care for children, foster care 
  4.34  for children in the provider's own home, or foster care or day 
  4.35  care services for adults in the provider's own home when the 
  4.36  commissioner has reasonable cause. 
  5.1      (d) According to paragraph (c), clauses (2) and (6), the 
  5.2   commissioner shall review records from the juvenile courts.  For 
  5.3   persons under paragraph (c), clauses (1), (3), (4), (5), and 
  5.4   (7), who are ages 13 to 17, the commissioner shall review 
  5.5   records from the juvenile courts when the commissioner has 
  5.6   reasonable cause.  The juvenile courts shall help with the study 
  5.7   by giving the commissioner existing juvenile court records on 
  5.8   individuals described in paragraph (c), clauses (2), (6), and 
  5.9   (7), relating to delinquency proceedings held within either the 
  5.10  five years immediately preceding the background study or the 
  5.11  five years immediately preceding the individual's 18th birthday, 
  5.12  whichever time period is longer.  The commissioner shall destroy 
  5.13  juvenile records obtained pursuant to this subdivision when the 
  5.14  subject of the records reaches age 23. 
  5.15     (e) Beginning August 1, 2001, the commissioner shall 
  5.16  conduct all background studies required under this chapter and 
  5.17  initiated by supplemental nursing services agencies registered 
  5.18  under section 144A.71, subdivision 1.  Studies for the agencies 
  5.19  must be initiated annually by each agency.  The commissioner 
  5.20  shall conduct the background studies according to this chapter.  
  5.21  The commissioner shall recover the cost of the background 
  5.22  studies through a fee of no more than $8 per study, charged to 
  5.23  the supplemental nursing services agency.  The fees collected 
  5.24  under this paragraph are appropriated to the commissioner for 
  5.25  the purpose of conducting background studies. 
  5.26     (f) For purposes of this section, a finding that a 
  5.27  delinquency petition is proven in juvenile court shall be 
  5.28  considered a conviction in state district court. 
  5.29     (g) A study of an individual in paragraph (c), clauses (1) 
  5.30  to (7), shall be conducted at least upon application for initial 
  5.31  license for all license types or registration under section 
  5.32  144A.71, subdivision 1, and at reapplication for a license or 
  5.33  registration for family child care, child foster care, and adult 
  5.34  foster care.  The commissioner is not required to conduct a 
  5.35  study of an individual at the time of reapplication for a 
  5.36  license or if the individual has been continuously affiliated 
  6.1   with a foster care provider licensed by the commissioner of 
  6.2   human services and registered under chapter 144D, other than a 
  6.3   family day care or foster care license, if:  (i) a study of the 
  6.4   individual was conducted either at the time of initial licensure 
  6.5   or when the individual became affiliated with the license 
  6.6   holder; (ii) the individual has been continuously affiliated 
  6.7   with the license holder since the last study was conducted; and 
  6.8   (iii) the procedure described in paragraph (j) has been 
  6.9   implemented and was in effect continuously since the last study 
  6.10  was conducted.  For the purposes of this section, a physician 
  6.11  licensed under chapter 147 is considered to be continuously 
  6.12  affiliated upon the license holder's receipt from the 
  6.13  commissioner of health or human services of the physician's 
  6.14  background study results.  For individuals who are required to 
  6.15  have background studies under paragraph (c) and who have been 
  6.16  continuously affiliated with a foster care provider that is 
  6.17  licensed in more than one county, criminal conviction data may 
  6.18  be shared among those counties in which the foster care programs 
  6.19  are licensed.  A county agency's receipt of criminal conviction 
  6.20  data from another county agency shall meet the criminal data 
  6.21  background study requirements of this section. 
  6.22     (h) The commissioner may also conduct studies on 
  6.23  individuals specified in paragraph (c), clauses (3) and (4), 
  6.24  when the studies are initiated by: 
  6.25     (i) personnel pool agencies; 
  6.26     (ii) temporary personnel agencies; 
  6.27     (iii) educational programs that train persons by providing 
  6.28  direct contact services in licensed programs; and 
  6.29     (iv) professional services agencies that are not licensed 
  6.30  and which contract with licensed programs to provide direct 
  6.31  contact services or individuals who provide direct contact 
  6.32  services. 
  6.33     (i) Studies on individuals in paragraph (h), items (i) to 
  6.34  (iv), must be initiated annually by these agencies, programs, 
  6.35  and individuals.  Except as provided in paragraph (a), clause 
  6.36  (3), no applicant, license holder, or individual who is the 
  7.1   subject of the study shall pay any fees required to conduct the 
  7.2   study. 
  7.3      (1) At the option of the licensed facility, rather than 
  7.4   initiating another background study on an individual required to 
  7.5   be studied who has indicated to the licensed facility that a 
  7.6   background study by the commissioner was previously completed, 
  7.7   the facility may make a request to the commissioner for 
  7.8   documentation of the individual's background study status, 
  7.9   provided that: 
  7.10     (i) the facility makes this request using a form provided 
  7.11  by the commissioner; 
  7.12     (ii) in making the request the facility informs the 
  7.13  commissioner that either: 
  7.14     (A) the individual has been continuously affiliated with a 
  7.15  licensed facility since the individual's previous background 
  7.16  study was completed, or since October 1, 1995, whichever is 
  7.17  shorter; or 
  7.18     (B) the individual is affiliated only with a personnel pool 
  7.19  agency, a temporary personnel agency, an educational program 
  7.20  that trains persons by providing direct contact services in 
  7.21  licensed programs, or a professional services agency that is not 
  7.22  licensed and which contracts with licensed programs to provide 
  7.23  direct contact services or individuals who provide direct 
  7.24  contact services; and 
  7.25     (iii) the facility provides notices to the individual as 
  7.26  required in paragraphs (a) to (j), and that the facility is 
  7.27  requesting written notification of the individual's background 
  7.28  study status from the commissioner.  
  7.29     (2) The commissioner shall respond to each request under 
  7.30  paragraph (1) with a written or electronic notice to the 
  7.31  facility and the study subject.  If the commissioner determines 
  7.32  that a background study is necessary, the study shall be 
  7.33  completed without further request from a licensed agency or 
  7.34  notifications to the study subject.  
  7.35     (3) When a background study is being initiated by a 
  7.36  licensed facility or a foster care provider that is also 
  8.1   registered under chapter 144D, a study subject affiliated with 
  8.2   multiple licensed facilities may attach to the background study 
  8.3   form a cover letter indicating the additional facilities' names, 
  8.4   addresses, and background study identification numbers.  When 
  8.5   the commissioner receives such notices, each facility identified 
  8.6   by the background study subject shall be notified of the study 
  8.7   results.  The background study notice sent to the subsequent 
  8.8   agencies shall satisfy those facilities' responsibilities for 
  8.9   initiating a background study on that individual. 
  8.10     (j) If an individual who is affiliated with a program or 
  8.11  facility regulated by the department of human services or 
  8.12  department of health or who is affiliated with any type of home 
  8.13  care agency or provider of personal care assistance services, is 
  8.14  convicted of a crime constituting a disqualification under 
  8.15  subdivision 3d, the probation officer or corrections agent shall 
  8.16  notify the commissioner of the conviction.  For the purpose of 
  8.17  this paragraph, "conviction" has the meaning given it in section 
  8.18  609.02, subdivision 5.  The commissioner, in consultation with 
  8.19  the commissioner of corrections, shall develop forms and 
  8.20  information necessary to implement this paragraph and shall 
  8.21  provide the forms and information to the commissioner of 
  8.22  corrections for distribution to local probation officers and 
  8.23  corrections agents.  The commissioner shall inform individuals 
  8.24  subject to a background study that criminal convictions for 
  8.25  disqualifying crimes will be reported to the commissioner by the 
  8.26  corrections system.  A probation officer, corrections agent, or 
  8.27  corrections agency is not civilly or criminally liable for 
  8.28  disclosing or failing to disclose the information required by 
  8.29  this paragraph.  Upon receipt of disqualifying information, the 
  8.30  commissioner shall provide the notifications required in 
  8.31  subdivision 3a, as appropriate to agencies on record as having 
  8.32  initiated a background study or making a request for 
  8.33  documentation of the background study status of the individual.  
  8.34  This paragraph does not apply to family day care and child 
  8.35  foster care programs. 
  8.36     (k) The individual who is the subject of the study must 
  9.1   provide the applicant or license holder with sufficient 
  9.2   information to ensure an accurate study including the 
  9.3   individual's first, middle, and last name and all other names by 
  9.4   which the individual has been known; home address, city, county, 
  9.5   and state of residence for the past five years; zip code; sex; 
  9.6   date of birth; and driver's license number or state 
  9.7   identification number and a set of classifiable fingerprints 
  9.8   obtained from an authorized law enforcement agency, if 
  9.9   required.  Intentional submission of false information to the 
  9.10  department or an employer is punishable under the appropriate 
  9.11  section of the criminal code.  The applicant or license holder 
  9.12  shall provide this information about an individual in paragraph 
  9.13  (c), clauses (1) to (7), on forms prescribed by the 
  9.14  commissioner.  By January 1, 2000, for background studies 
  9.15  conducted by the department of human services, the commissioner 
  9.16  shall implement a system for the electronic transmission of:  
  9.17  (1) background study information to the commissioner; and (2) 
  9.18  background study results to the license holder.  The 
  9.19  commissioner may request additional information of the 
  9.20  individual, which shall be optional for the individual to 
  9.21  provide, such as the individual's social security number or race.
  9.22     (l) For programs directly licensed by the commissioner, a 
  9.23  study must include information related to names of substantiated 
  9.24  perpetrators of maltreatment of vulnerable adults that has been 
  9.25  received by the commissioner as required under section 626.557, 
  9.26  subdivision 9c, paragraph (i), and the commissioner's records 
  9.27  relating to the maltreatment of minors in licensed programs, 
  9.28  information from juvenile courts as required in paragraph (c) 
  9.29  for persons listed in paragraph (c), clauses (2), (6), and (7), 
  9.30  and information from the bureau of criminal apprehension.  For 
  9.31  child foster care, adult foster care, and family day care homes, 
  9.32  the study must include information from the county agency's 
  9.33  record of substantiated maltreatment of adults, and the 
  9.34  maltreatment of minors, information from juvenile courts as 
  9.35  required in paragraph (c) for persons listed in paragraph (c), 
  9.36  clauses (2), (6), and (7), and information from the bureau of 
 10.1   criminal apprehension.  The commissioner may also review arrest 
 10.2   and investigative information from the bureau of criminal 
 10.3   apprehension, the commissioner of health, a county attorney, 
 10.4   county sheriff, county agency, local chief of police, other 
 10.5   states, the courts, or the Federal Bureau of Investigation if 
 10.6   the commissioner has reasonable cause to believe the information 
 10.7   is pertinent to the disqualification of an individual listed in 
 10.8   paragraph (c), clauses (1) to (7).  The commissioner is not 
 10.9   required to conduct more than one review of a subject's records 
 10.10  from the Federal Bureau of Investigation if a review of the 
 10.11  subject's criminal history with the Federal Bureau of 
 10.12  Investigation has already been completed by the commissioner and 
 10.13  there has been no break in the subject's affiliation with the 
 10.14  license holder who initiated the background study. 
 10.15     (m) When the commissioner has reasonable cause to believe 
 10.16  that further pertinent information may exist on the subject, the 
 10.17  subject shall provide a set of classifiable fingerprints 
 10.18  obtained from an authorized law enforcement agency.  For 
 10.19  purposes of requiring fingerprints, the commissioner shall be 
 10.20  considered to have reasonable cause under, but not limited to, 
 10.21  the following circumstances: 
 10.22     (1) information from the bureau of criminal apprehension 
 10.23  indicates that the subject is a multistate offender; 
 10.24     (2) information from the bureau of criminal apprehension 
 10.25  indicates that multistate offender status is undetermined; or 
 10.26     (3) the commissioner has received a report from the subject 
 10.27  or a third party indicating that the subject has a criminal 
 10.28  history in a jurisdiction other than Minnesota. 
 10.29     (n) The failure or refusal of an applicant, license holder, 
 10.30  or registrant under section 144A.71, subdivision 1, to cooperate 
 10.31  with the commissioner is reasonable cause to disqualify a 
 10.32  subject, deny a license application or immediately suspend, 
 10.33  suspend, or revoke a license or registration.  Failure or 
 10.34  refusal of an individual to cooperate with the study is just 
 10.35  cause for denying or terminating employment of the individual if 
 10.36  the individual's failure or refusal to cooperate could cause the 
 11.1   applicant's application to be denied or the license holder's 
 11.2   license to be immediately suspended, suspended, or revoked. 
 11.3      (o) (n) The commissioner shall not consider an application 
 11.4   to be complete until all of the information required to be 
 11.5   provided under this subdivision has been received.  
 11.6      (p) (o) No person in paragraph (c), clauses (1) to (7), who 
 11.7   is disqualified as a result of this section may be retained by 
 11.8   the agency in a position involving direct contact with persons 
 11.9   served by the program or in a position allowing access to 
 11.10  persons served by the program as provided for in statutes, 
 11.11  unless.  Failure to remove a disqualified individual may result 
 11.12  in the commissioner imposing civil sanctions pursuant to 
 11.13  sections 245A.06 and 245A.07.  The disqualified individual may 
 11.14  be retained if the commissioner has provided written notice to 
 11.15  the agency stating that: 
 11.16     (1) the individual may remain in direct contact during the 
 11.17  period in which the individual may request reconsideration as 
 11.18  provided in subdivision 3a, paragraph (b), clause (2) or (3); 
 11.19     (2) the individual's disqualification has been set aside 
 11.20  for that agency as provided in subdivision 3b, paragraph (b); or 
 11.21     (3) the license holder has been granted a variance for the 
 11.22  disqualified individual under subdivision 3e. 
 11.23     (q) (p) Termination of persons in paragraph (c), clauses 
 11.24  (1) to (7), made in good faith reliance on a notice of 
 11.25  disqualification provided by the commissioner shall not subject 
 11.26  the applicant or license holder to civil liability. 
 11.27     (r) (q) The commissioner may establish records to fulfill 
 11.28  the requirements of this section. 
 11.29     (s) (r) The commissioner may not disqualify an individual 
 11.30  subject to a study under this section because that person has, 
 11.31  or has had, a mental illness as defined in section 245.462, 
 11.32  subdivision 20. 
 11.33     (t) (s) An individual subject to disqualification under 
 11.34  this subdivision has the applicable rights in subdivision 3a, 
 11.35  3b, or 3c. 
 11.36     (u) (t) For the purposes of background studies completed by 
 12.1   tribal organizations performing licensing activities otherwise 
 12.2   required of the commissioner under this chapter, after obtaining 
 12.3   consent from the background study subject, tribal licensing 
 12.4   agencies shall have access to criminal history data in the same 
 12.5   manner as county licensing agencies and private licensing 
 12.6   agencies under this chapter. 
 12.7      Sec. 2.  Minnesota Statutes 2001 Supplement, section 
 12.8   245A.04, subdivision 3b, is amended to read: 
 12.9      Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
 12.10  individual who is the subject of the disqualification may 
 12.11  request a reconsideration of the disqualification.  
 12.12     The individual must submit the request for reconsideration 
 12.13  to the commissioner in writing.  A request for reconsideration 
 12.14  for an individual who has been sent a notice of disqualification 
 12.15  under subdivision 3a, paragraph (b), clause (1) or (2), must be 
 12.16  submitted within 30 calendar days of the disqualified 
 12.17  individual's receipt of the notice of disqualification.  Upon 
 12.18  showing that the information in clause (1) or (2) cannot be 
 12.19  obtained within 30 days, the disqualified individual may request 
 12.20  additional time, not to exceed 30 days, to obtain that 
 12.21  information.  A request for reconsideration for an individual 
 12.22  who has been sent a notice of disqualification under subdivision 
 12.23  3a, paragraph (b), clause (3), must be submitted within 15 
 12.24  calendar days of the disqualified individual's receipt of the 
 12.25  notice of disqualification.  An individual who was determined to 
 12.26  have maltreated a child under section 626.556 or a vulnerable 
 12.27  adult under section 626.557, and who was disqualified under this 
 12.28  section on the basis of serious or recurring maltreatment, may 
 12.29  request reconsideration of both the maltreatment and the 
 12.30  disqualification determinations.  The request for 
 12.31  reconsideration of the maltreatment determination and the 
 12.32  disqualification must be submitted within 30 calendar days of 
 12.33  the individual's receipt of the notice of disqualification.  
 12.34  Removal of a disqualified individual from direct contact shall 
 12.35  be ordered if the individual does not request reconsideration 
 12.36  within the prescribed time, and for an individual who submits a 
 13.1   timely request for reconsideration, if the disqualification is 
 13.2   not set aside.  The individual must present information showing 
 13.3   that: 
 13.4      (1) the information the commissioner relied upon is 
 13.5   incorrect or inaccurate.  If the basis of a reconsideration 
 13.6   request is that a maltreatment determination or disposition 
 13.7   under section 626.556 or 626.557 is incorrect, and the 
 13.8   commissioner has issued a final order in an appeal of that 
 13.9   determination or disposition under section 256.045 or 245A.08, 
 13.10  subdivision 5, the commissioner's order is conclusive on the 
 13.11  issue of maltreatment.  If the individual did not request 
 13.12  reconsideration of the maltreatment determination, the 
 13.13  maltreatment determination is deemed conclusive; or 
 13.14     (2) the subject of the study does not pose a risk of harm 
 13.15  to any person served by the applicant, license holder, or 
 13.16  registrant under section 144A.71, subdivision 1. 
 13.17     (b) The commissioner shall rescind the disqualification if 
 13.18  the commissioner finds that the information relied on to 
 13.19  disqualify the subject is incorrect.  Except for 
 13.20  disqualifications based on a conviction for a violent crime, as 
 13.21  defined in section 609.1095, subdivision 1, paragraph (d), the 
 13.22  commissioner may set aside the disqualification under this 
 13.23  section if the commissioner finds that the individual does not 
 13.24  pose a risk of harm to any person served by the applicant, 
 13.25  license holder, or registrant under section 144A.71, subdivision 
 13.26  1.  In determining that an individual does not pose a risk of 
 13.27  harm, the commissioner shall consider the nature, severity, and 
 13.28  consequences of the event or events that lead to 
 13.29  disqualification, whether there is more than one disqualifying 
 13.30  event, the age and vulnerability of the victim at the time of 
 13.31  the event, the harm suffered by the victim, the similarity 
 13.32  between the victim and persons served by the program, the time 
 13.33  elapsed without a repeat of the same or similar event, 
 13.34  documentation of successful completion by the individual studied 
 13.35  of training or rehabilitation pertinent to the event, and any 
 13.36  other information relevant to reconsideration.  In reviewing a 
 14.1   disqualification under this section, the commissioner shall give 
 14.2   preeminent weight to the safety of each person to be served by 
 14.3   the license holder, applicant, or registrant under section 
 14.4   144A.71, subdivision 1, over the interests of the license 
 14.5   holder, applicant, or registrant under section 144A.71, 
 14.6   subdivision 1. 
 14.7      (c) Unless the information the commissioner relied on in 
 14.8   disqualifying an individual is incorrect, the commissioner may 
 14.9   not set aside the disqualification of an individual in 
 14.10  connection with a license to provide family day care for 
 14.11  children, foster care for children in the provider's own home, 
 14.12  or foster care or day care services for adults in the provider's 
 14.13  own home if: 
 14.14     (1) less than ten years have passed since the discharge of 
 14.15  the sentence imposed for the offense; and the individual has 
 14.16  been convicted of a violation of any offense listed in sections 
 14.17  609.20 (manslaughter in the first degree), 609.205 (manslaughter 
 14.18  in the second degree), criminal vehicular homicide under 609.21 
 14.19  (criminal vehicular homicide and injury), 609.215 (aiding 
 14.20  suicide or aiding attempted suicide), felony violations under 
 14.21  609.221 to 609.2231 (assault in the first, second, third, or 
 14.22  fourth degree), 609.713 (terroristic threats), 609.235 (use of 
 14.23  drugs to injure or to facilitate crime), 609.24 (simple 
 14.24  robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
 14.25  609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
 14.26  first or second degree), 609.71 (riot), burglary in the first or 
 14.27  second degree under 609.582 (burglary), 609.66 (dangerous 
 14.28  weapon), 609.665 (spring guns), 609.67 (machine guns and 
 14.29  short-barreled shotguns), 609.749 (harassment; stalking), 
 14.30  152.021 or 152.022 (controlled substance crime in the first or 
 14.31  second degree), 152.023, subdivision 1, clause (3) or (4), or 
 14.32  subdivision 2, clause (4) (controlled substance crime in the 
 14.33  third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
 14.34  (controlled substance crime in the fourth degree), 609.224, 
 14.35  subdivision 2, paragraph (c) (fifth-degree assault by a 
 14.36  caregiver against a vulnerable adult), 609.228 (great bodily 
 15.1   harm caused by distribution of drugs), 609.23 (mistreatment of 
 15.2   persons confined), 609.231 (mistreatment of residents or 
 15.3   patients), 609.2325 (criminal abuse of a vulnerable adult), 
 15.4   609.233 (criminal neglect of a vulnerable adult), 609.2335 
 15.5   (financial exploitation of a vulnerable adult), 609.234 (failure 
 15.6   to report), 609.265 (abduction), 609.2664 to 609.2665 
 15.7   (manslaughter of an unborn child in the first or second degree), 
 15.8   609.267 to 609.2672 (assault of an unborn child in the first, 
 15.9   second, or third degree), 609.268 (injury or death of an unborn 
 15.10  child in the commission of a crime), 617.293 (disseminating or 
 15.11  displaying harmful material to minors), a felony level 
 15.12  conviction involving alcohol or drug use, a gross misdemeanor 
 15.13  offense under 609.324, subdivision 1 (other prohibited acts), a 
 15.14  gross misdemeanor offense under 609.378 (neglect or endangerment 
 15.15  of a child), a gross misdemeanor offense under 609.377 
 15.16  (malicious punishment of a child), 609.72, subdivision 3 
 15.17  (disorderly conduct against a vulnerable adult); or an attempt 
 15.18  or conspiracy to commit any of these offenses, as each of these 
 15.19  offenses is defined in Minnesota Statutes; or an offense in any 
 15.20  other state, the elements of which are substantially similar to 
 15.21  the elements of any of the foregoing offenses; 
 15.22     (2) regardless of how much time has passed since the 
 15.23  involuntary termination of parental rights under section 
 15.24  260C.301 or the discharge of the sentence imposed for the 
 15.25  offense, the individual was convicted of a violation of any 
 15.26  offense listed in sections 609.185 to 609.195 (murder in the 
 15.27  first, second, or third degree), 609.20 (manslaughter in the 
 15.28  first degree), 609.205 (manslaughter in the second degree), 
 15.29  criminal vehicular homicide under 609.21 (criminal vehicular 
 15.30  homicide and injury), 609.235 (use of drugs to injure or to 
 15.31  facilitate crime), 609.24 (simple robbery), 609.245 (aggravated 
 15.32  robbery), 609.25 (kidnapping), 609.255 (false imprisonment), 
 15.33  609.561 or 609.562 (arson in the first or second degree), 
 15.34  609.749 (harassment; stalking), 609.228 (great bodily harm 
 15.35  caused by distribution of drugs), 609.2664 to 609.2665 
 15.36  (manslaughter of an unborn child in the first or second degree), 
 16.1   609.267 or 609.2671 (assault of an unborn child in the first or 
 16.2   second degree), 609.268 (injury or death of an unborn child in 
 16.3   the commission of a crime), 609.221 to 609.223 (assault in the 
 16.4   first, second, or third degree), 609.582 (burglary in the first 
 16.5   degree), 609.66, subdivision 1e (drive-by shooting), 609.267 or 
 16.6   609.2671 (assault of an unborn child in the first or second 
 16.7   degree), 609.165 (felon ineligible to possess firearm), 609.498, 
 16.8   subdivision 1 (tampering with a witness), 609.687 
 16.9   (adulteration), 609.855, subdivision 5 (shooting in or at a 
 16.10  public transit vehicle or facility), 609.229 (crime committed 
 16.11  for benefit of a gang), 609.2661 to 609.2663 (murder of an 
 16.12  unborn child in the first, second, or third degree), a felony 
 16.13  offense under 609.377 (malicious punishment of a child), a 
 16.14  felony offense under 609.324, subdivision 1 (other prohibited 
 16.15  acts), a felony offense under 609.378 (neglect or endangerment 
 16.16  of a child), 609.322 (solicitation, inducement, and promotion of 
 16.17  prostitution), 609.342 to 609.345 (criminal sexual conduct in 
 16.18  the first, second, third, or fourth degree), 609.352 
 16.19  (solicitation of children to engage in sexual conduct), 617.246 
 16.20  (use of minors in a sexual performance), 617.247 (possession of 
 16.21  pictorial representations of a minor), 609.365 (incest), a 
 16.22  felony offense under sections 609.2242 and 609.2243 (domestic 
 16.23  assault), a felony offense under 624.713 (certain persons not to 
 16.24  possess pistols), any provision of chapter 152 that is 
 16.25  punishable by a sentence of 15 years or more (drugs; controlled 
 16.26  substances), a felony offense of spousal abuse, a felony offense 
 16.27  of child abuse or neglect, a felony offense of a crime against 
 16.28  children, or an attempt or conspiracy to commit any of these 
 16.29  offenses as defined in Minnesota Statutes, or an offense in any 
 16.30  other state, the elements of which are substantially similar to 
 16.31  any of the foregoing offenses; 
 16.32     (3) within the seven years preceding the study, the 
 16.33  individual committed an act that constitutes maltreatment of a 
 16.34  child under section 626.556, subdivision 10e, and that resulted 
 16.35  in substantial bodily harm as defined in section 609.02, 
 16.36  subdivision 7a, or substantial mental or emotional harm as 
 17.1   supported by competent psychological or psychiatric evidence; or 
 17.2      (4) within the seven years preceding the study, the 
 17.3   individual was determined under section 626.557 to be the 
 17.4   perpetrator of a substantiated incident of maltreatment of a 
 17.5   vulnerable adult that resulted in substantial bodily harm as 
 17.6   defined in section 609.02, subdivision 7a, or substantial mental 
 17.7   or emotional harm as supported by competent psychological or 
 17.8   psychiatric evidence. 
 17.9      In the case of any ground for disqualification under 
 17.10  clauses (1) to (4), if the act was committed by an individual 
 17.11  other than the applicant, license holder, or registrant under 
 17.12  section 144A.71, subdivision 1, residing in the applicant's or 
 17.13  license holder's home, or the home of a registrant under section 
 17.14  144A.71, subdivision 1, the applicant, license holder, or 
 17.15  registrant under section 144A.71, subdivision 1, may seek 
 17.16  reconsideration when the individual who committed the act no 
 17.17  longer resides in the home.  
 17.18     The disqualification periods provided under clauses (1), 
 17.19  (3), and (4) are the minimum applicable disqualification 
 17.20  periods.  The commissioner may determine that an individual 
 17.21  should continue to be disqualified from licensure or 
 17.22  registration under section 144A.71, subdivision 1, because the 
 17.23  license holder, applicant, or registrant under section 144A.71, 
 17.24  subdivision 1, poses a risk of harm to a person served by that 
 17.25  individual after the minimum disqualification period has passed. 
 17.26     (d) The commissioner shall respond in writing or by 
 17.27  electronic transmission to all reconsideration requests for 
 17.28  which the basis for the request is that the information relied 
 17.29  upon by the commissioner to disqualify is incorrect or 
 17.30  inaccurate within 30 working days of receipt of a request and 
 17.31  all relevant information.  If the basis for the request is that 
 17.32  the individual does not pose a risk of harm, the commissioner 
 17.33  shall respond to the request within 15 working days after 
 17.34  receiving the request for reconsideration and all relevant 
 17.35  information.  If the request is based on both the correctness or 
 17.36  accuracy of the information relied on to disqualify the 
 18.1   individual and the risk of harm, the commissioner shall respond 
 18.2   to the request within 45 working days after receiving the 
 18.3   request for reconsideration and all relevant information.  If 
 18.4   the disqualification is set aside, the commissioner shall notify 
 18.5   the applicant or license holder in writing or by electronic 
 18.6   transmission of the decision. 
 18.7      (e) Except as provided in subdivision 3c, if a 
 18.8   disqualification is not set aside or is not rescinded, an 
 18.9   individual who was disqualified on the basis of a preponderance 
 18.10  of evidence that the individual committed an act or acts that 
 18.11  meet the definition of any of the crimes lists in subdivision 
 18.12  3d, paragraph (a), clauses (1) to (4); or for failure to make 
 18.13  required reports under section 626.556, subdivision 3, or 
 18.14  626.557, subdivision 3, pursuant to subdivision 3d, paragraph 
 18.15  (a), clause (4), may request a fair hearing under section 
 18.16  256.045.  Except as provided under subdivision 3c, the 
 18.17  commissioner's final order for an individual under this 
 18.18  paragraph is conclusive on the issue of maltreatment and 
 18.19  disqualification, including for purposes of subsequent studies 
 18.20  conducted under subdivision 3, and is the only administrative 
 18.21  appeal of the final agency determination, specifically, 
 18.22  including a challenge to the accuracy and completeness of data 
 18.23  under section 13.04.  
 18.24     (f) Except as provided under subdivision 3c, if an 
 18.25  individual was disqualified on the basis of a determination of 
 18.26  maltreatment under section 626.556 or 626.557, which was serious 
 18.27  or recurring, and the individual has requested reconsideration 
 18.28  of the maltreatment determination under section 626.556, 
 18.29  subdivision 10i, or 626.557, subdivision 9d, and also requested 
 18.30  reconsideration of the disqualification under this subdivision, 
 18.31  reconsideration of the maltreatment determination and 
 18.32  reconsideration of the disqualification shall be consolidated 
 18.33  into a single reconsideration.  For maltreatment and 
 18.34  disqualification determinations made by county agencies, the 
 18.35  consolidated reconsideration shall be conducted by the county 
 18.36  agency.  Except as provided under subdivision 3c, if an 
 19.1   individual who was disqualified on the basis of serious or 
 19.2   recurring maltreatment requests a fair hearing on the 
 19.3   maltreatment determination under section 626.556, subdivision 
 19.4   10i, or 626.557, subdivision 9d, the scope of the fair hearing 
 19.5   under section 256.045 shall include the maltreatment 
 19.6   determination and the disqualification.  Except as provided 
 19.7   under subdivision 3c, the commissioner's final order for an 
 19.8   individual under this paragraph is conclusive on the issue of 
 19.9   maltreatment and disqualification, including for purposes of 
 19.10  subsequent studies conducted under subdivision 3, and is the 
 19.11  only administrative appeal of the final agency determination, 
 19.12  specifically, including a challenge to the accuracy and 
 19.13  completeness of data under section 13.04. 
 19.14     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
 19.15  245A.04, subdivision 3d, is amended to read: 
 19.16     Subd. 3d.  [DISQUALIFICATION.] (a) Upon receipt of 
 19.17  information showing, or when a background study completed under 
 19.18  subdivision 3 shows any of the following:  a conviction of one 
 19.19  or more crimes listed in clauses (1) to (4); the individual has 
 19.20  admitted to or a preponderance of the evidence indicates the 
 19.21  individual has committed an act or acts that meet the definition 
 19.22  of any of the crimes listed in clauses (1) to (4); or an 
 19.23  investigation results in an administrative determination listed 
 19.24  under clause (4), the individual shall be disqualified from any 
 19.25  position allowing direct contact with persons receiving services 
 19.26  from the license holder, entity identified in subdivision 3, 
 19.27  paragraph (a), or registrant under section 144A.71, subdivision 
 19.28  1, and for individuals studied under section 245A.04, 
 19.29  subdivision 3, paragraph (c), clauses (2), (6), and (7), the 
 19.30  individual shall also be disqualified from access to a person 
 19.31  receiving services from the license holder: 
 19.32     (1) regardless of how much time has passed since the 
 19.33  involuntary termination of parental rights under section 
 19.34  260C.301 or the discharge of the sentence imposed for the 
 19.35  offense, and unless otherwise specified, regardless of the level 
 19.36  of the conviction, the individual was convicted of any of the 
 20.1   following offenses:  sections 609.185 (murder in the first 
 20.2   degree); 609.19 (murder in the second degree); 609.195 (murder 
 20.3   in the third degree); 609.2661 (murder of an unborn child in the 
 20.4   first degree); 609.2662 (murder of an unborn child in the second 
 20.5   degree); 609.2663 (murder of an unborn child in the third 
 20.6   degree); 609.20 (manslaughter in the first degree); 609.205 
 20.7   (manslaughter in the second degree); 609.21 (criminal vehicular 
 20.8   homicide and injury); 609.221 to 609.223 (assault in the first, 
 20.9   second, or third degree); 609.228 (great bodily harm caused by 
 20.10  distribution of drugs); 609.235 (use of drugs to injure or 
 20.11  facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
 20.12  robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 
 20.13  609.267 (assault of an unborn child in the first degree); 
 20.14  609.2671 (assault of an unborn child in the second degree); 
 20.15  609.268 (injury or death of an unborn child in the commission of 
 20.16  a crime); 609.561 (arson in the first degree); 609.562 (arson in 
 20.17  the second degree); 609.582 (burglary); 609.749 (harassment; 
 20.18  stalking; penalties); 609.165 (felon ineligible to possess 
 20.19  firearm); 609.66, subdivision 1e (drive-by shooting); 609.687 
 20.20  (adulteration); 609.855, subdivision 5 (shooting at or in a 
 20.21  public transit vehicle or facility); felony offense under 
 20.22  624.713 (certain persons not to possess pistols); 609.229 (crime 
 20.23  committed for benefit of a gang); 609.498, subdivision 1 
 20.24  (tampering with a witness); 609.2664 (manslaughter of an unborn 
 20.25  child in the first degree); 609.2665 (manslaughter of an unborn 
 20.26  child in the second degree); any provision of chapter 152 that 
 20.27  is punishable by a sentence of 15 years or more (drugs; 
 20.28  controlled substance); 609.322 (solicitation, inducement, and 
 20.29  promotion of prostitution); 609.342 (criminal sexual conduct in 
 20.30  the first degree); 609.343 (criminal sexual conduct in the 
 20.31  second degree); 609.344 (criminal sexual conduct in the third 
 20.32  degree); 609.345 (criminal sexual conduct in the fourth degree); 
 20.33  609.352 (solicitation of children to engage in sexual conduct); 
 20.34  609.365 (incest); felony offense under 609.377 (malicious 
 20.35  punishment of a child); a felony offense under 609.378 (neglect 
 20.36  or endangerment of a child); a felony offense under 609.324, 
 21.1   subdivision 1 (other prohibited acts); 617.246 (use of minors in 
 21.2   sexual performance prohibited); 617.247 (possession of pictorial 
 21.3   representations of minors); a felony offense under sections 
 21.4   609.2242 and 609.2243 (domestic assault), a felony offense of 
 21.5   spousal abuse, a felony offense of child abuse or neglect, a 
 21.6   felony offense of a crime against children; or attempt or 
 21.7   conspiracy to commit any of these offenses as defined in 
 21.8   Minnesota Statutes, or an offense in any other state or country, 
 21.9   where the elements are substantially similar to any of the 
 21.10  offenses listed in this clause; 
 21.11     (2) if less than 15 years have passed since the discharge 
 21.12  of the sentence imposed for the offense; and the individual has 
 21.13  received a felony conviction for a violation of any of these 
 21.14  offenses:  sections 609.20 (manslaughter in the first degree); 
 21.15  609.205 (manslaughter in the second degree); 609.21 (criminal 
 21.16  vehicular homicide and injury); 609.215 (suicide); 609.221 to 
 21.17  609.2231 (assault in the first, second, third, or fourth 
 21.18  degree); repeat offenses under 609.224 (assault in the fifth 
 21.19  degree); repeat offenses under 609.3451 (criminal sexual conduct 
 21.20  in the fifth degree); 609.713 (terroristic threats); 609.235 
 21.21  (use of drugs to injure or facilitate crime); 609.24 (simple 
 21.22  robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 
 21.23  609.255 (false imprisonment); 609.561 (arson in the first 
 21.24  degree); 609.562 (arson in the second degree); 609.563 (arson in 
 21.25  the third degree); repeat offenses under 617.23 (indecent 
 21.26  exposure; penalties); repeat offenses under 617.241 (obscene 
 21.27  materials and performances; distribution and exhibition 
 21.28  prohibited; penalty); 609.71 (riot); 609.66 (dangerous weapons); 
 21.29  609.67 (machine guns and short-barreled shotguns); 609.749 
 21.30  (harassment; stalking; penalties); 609.228 (great bodily harm 
 21.31  caused by distribution of drugs); 609.2325 (criminal abuse of a 
 21.32  vulnerable adult); 609.2664 (manslaughter of an unborn child in 
 21.33  the first degree); 609.2665 (manslaughter of an unborn child in 
 21.34  the second degree); 609.267 (assault of an unborn child in the 
 21.35  first degree); 609.2671 (assault of an unborn child in the 
 21.36  second degree); 609.268 (injury or death of an unborn child in 
 22.1   the commission of a crime); 609.52 (theft); 609.2335 (financial 
 22.2   exploitation of a vulnerable adult); 609.521 (possession of 
 22.3   shoplifting gear); 609.582 (burglary); 609.625 (aggravated 
 22.4   forgery); 609.63 (forgery); 609.631 (check forgery; offering a 
 22.5   forged check); 609.635 (obtaining signature by false pretense); 
 22.6   609.27 (coercion); 609.275 (attempt to coerce); 609.687 
 22.7   (adulteration); 260C.301 (grounds for termination of parental 
 22.8   rights); chapter 152 (drugs; controlled substance); and a felony 
 22.9   level conviction involving alcohol or drug use.  An attempt or 
 22.10  conspiracy to commit any of these offenses, as each of these 
 22.11  offenses is defined in Minnesota Statutes; or an offense in any 
 22.12  other state or country, the elements of which are substantially 
 22.13  similar to the elements of the offenses in this clause.  If the 
 22.14  individual studied is convicted of one of the felonies listed in 
 22.15  this clause, but the sentence is a gross misdemeanor or 
 22.16  misdemeanor disposition, the lookback period for the conviction 
 22.17  is the period applicable to the disposition, that is the period 
 22.18  for gross misdemeanors or misdemeanors; 
 22.19     (3) if less than ten years have passed since the discharge 
 22.20  of the sentence imposed for the offense; and the individual has 
 22.21  received a gross misdemeanor conviction for a violation of any 
 22.22  of the following offenses:  sections 609.224 (assault in the 
 22.23  fifth degree); 609.2242 and 609.2243 (domestic assault); 
 22.24  violation of an order for protection under 518B.01, subdivision 
 22.25  14; 609.3451 (criminal sexual conduct in the fifth degree); 
 22.26  repeat offenses under 609.746 (interference with privacy); 
 22.27  repeat offenses under 617.23 (indecent exposure); 617.241 
 22.28  (obscene materials and performances); 617.243 (indecent 
 22.29  literature, distribution); 617.293 (harmful materials; 
 22.30  dissemination and display to minors prohibited); 609.71 (riot); 
 22.31  609.66 (dangerous weapons); 609.749 (harassment; stalking; 
 22.32  penalties); 609.224, subdivision 2, paragraph (c) (assault in 
 22.33  the fifth degree by a caregiver against a vulnerable adult); 
 22.34  609.23 (mistreatment of persons confined); 609.231 (mistreatment 
 22.35  of residents or patients); 609.2325 (criminal abuse of a 
 22.36  vulnerable adult); 609.233 (criminal neglect of a vulnerable 
 23.1   adult); 609.2335 (financial exploitation of a vulnerable adult); 
 23.2   609.234 (failure to report maltreatment of a vulnerable adult); 
 23.3   609.72, subdivision 3 (disorderly conduct against a vulnerable 
 23.4   adult); 609.265 (abduction); 609.378 (neglect or endangerment of 
 23.5   a child); 609.377 (malicious punishment of a child); 609.324, 
 23.6   subdivision 1a (other prohibited acts; minor engaged in 
 23.7   prostitution); 609.33 (disorderly house); 609.52 (theft); 
 23.8   609.582 (burglary); 609.631 (check forgery; offering a forged 
 23.9   check); 609.275 (attempt to coerce); or an attempt or conspiracy 
 23.10  to commit any of these offenses, as each of these offenses is 
 23.11  defined in Minnesota Statutes; or an offense in any other state 
 23.12  or country, the elements of which are substantially similar to 
 23.13  the elements of any of the offenses listed in this clause.  If 
 23.14  the defendant is convicted of one of the gross misdemeanors 
 23.15  listed in this clause, but the sentence is a misdemeanor 
 23.16  disposition, the lookback period for the conviction is the 
 23.17  period applicable to misdemeanors; or 
 23.18     (4) if less than seven years have passed since the 
 23.19  discharge of the sentence imposed for the offense; and the 
 23.20  individual has received a misdemeanor conviction for a violation 
 23.21  of any of the following offenses:  sections 609.224 (assault in 
 23.22  the fifth degree); 609.2242 (domestic assault); violation of an 
 23.23  order for protection under 518B.01 (Domestic Abuse Act); 
 23.24  violation of an order for protection under 609.3232 (protective 
 23.25  order authorized; procedures; penalties); 609.746 (interference 
 23.26  with privacy); 609.79 (obscene or harassing phone calls); 
 23.27  609.795 (letter, telegram, or package; opening; harassment); 
 23.28  617.23 (indecent exposure; penalties); 609.2672 (assault of an 
 23.29  unborn child in the third degree); 617.293 (harmful materials; 
 23.30  dissemination and display to minors prohibited); 609.66 
 23.31  (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
 23.32  exploitation of a vulnerable adult); 609.234 (failure to report 
 23.33  maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
 23.34  (coercion); or an attempt or conspiracy to commit any of these 
 23.35  offenses, as each of these offenses is defined in Minnesota 
 23.36  Statutes; or an offense in any other state or country, the 
 24.1   elements of which are substantially similar to the elements of 
 24.2   any of the offenses listed in this clause; a determination or 
 24.3   disposition of failure to make required reports under section 
 24.4   626.556, subdivision 3, or 626.557, subdivision 3, for incidents 
 24.5   in which:  (i) the final disposition under section 626.556 or 
 24.6   626.557 was substantiated maltreatment, and (ii) the 
 24.7   maltreatment was recurring or serious; or a determination or 
 24.8   disposition of substantiated serious or recurring maltreatment 
 24.9   of a minor under section 626.556 or of a vulnerable adult under 
 24.10  section 626.557 for which there is a preponderance of evidence 
 24.11  that the maltreatment occurred, and that the subject was 
 24.12  responsible for the maltreatment; the intentional submission of 
 24.13  false information to the department or an employer. 
 24.14     For the purposes of this section, "serious maltreatment" 
 24.15  means sexual abuse; maltreatment resulting in death; or 
 24.16  maltreatment resulting in serious injury which reasonably 
 24.17  requires the care of a physician whether or not the care of a 
 24.18  physician was sought; or abuse resulting in serious injury.  For 
 24.19  purposes of this section, "abuse resulting in serious injury" 
 24.20  means:  bruises, bites, skin laceration or tissue damage; 
 24.21  fractures; dislocations; evidence of internal injuries; head 
 24.22  injuries with loss of consciousness; extensive second-degree or 
 24.23  third-degree burns and other burns for which complications are 
 24.24  present; extensive second-degree or third-degree frostbite, and 
 24.25  others for which complications are present; irreversible 
 24.26  mobility or avulsion of teeth; injuries to the eyeball; 
 24.27  ingestion of foreign substances and objects that are harmful; 
 24.28  near drowning; and heat exhaustion or sunstroke.  For purposes 
 24.29  of this section, "care of a physician" is treatment received or 
 24.30  ordered by a physician, but does not include diagnostic testing, 
 24.31  assessment, or observation.  For the purposes of this section, 
 24.32  "recurring maltreatment" means more than one incident of 
 24.33  maltreatment for which there is a preponderance of evidence that 
 24.34  the maltreatment occurred, and that the subject was responsible 
 24.35  for the maltreatment.  For purposes of this section, "access" 
 24.36  means physical access to an individual receiving services or the 
 25.1   individual's personal property without continuous, direct 
 25.2   supervision as defined in section 245A.04, subdivision 3.  
 25.3      (b) Except for background studies related to child foster 
 25.4   care, adult foster care, or family child care licensure, when 
 25.5   the subject of a background study is regulated by a 
 25.6   health-related licensing board as defined in chapter 214, and 
 25.7   the regulated person has been determined to have been 
 25.8   responsible for substantiated maltreatment under section 626.556 
 25.9   or 626.557, instead of the commissioner making a decision 
 25.10  regarding disqualification, the board shall make a determination 
 25.11  whether to impose disciplinary or corrective action under 
 25.12  chapter 214. 
 25.13     (1) The commissioner shall notify the health-related 
 25.14  licensing board: 
 25.15     (i) upon completion of a background study that produces a 
 25.16  record showing that the individual was determined to have been 
 25.17  responsible for substantiated maltreatment; 
 25.18     (ii) upon the commissioner's completion of an investigation 
 25.19  that determined the individual was responsible for substantiated 
 25.20  maltreatment; or 
 25.21     (iii) upon receipt from another agency of a finding of 
 25.22  substantiated maltreatment for which the individual was 
 25.23  responsible. 
 25.24     (2) The commissioner's notice shall indicate whether the 
 25.25  individual would have been disqualified by the commissioner for 
 25.26  the substantiated maltreatment if the individual were not 
 25.27  regulated by the board.  The commissioner shall concurrently 
 25.28  send this notice to the individual. 
 25.29     (3) Notwithstanding the exclusion from this subdivision for 
 25.30  individuals who provide child foster care, adult foster care, or 
 25.31  family child care, when the commissioner or a local agency has 
 25.32  reason to believe that the direct contact services provided by 
 25.33  the individual may fall within the jurisdiction of a 
 25.34  health-related licensing board, a referral shall be made to the 
 25.35  board as provided in this section. 
 25.36     (4) If, upon review of the information provided by the 
 26.1   commissioner, a health-related licensing board informs the 
 26.2   commissioner that the board does not have jurisdiction to take 
 26.3   disciplinary or corrective action, the commissioner shall make 
 26.4   the appropriate disqualification decision regarding the 
 26.5   individual as otherwise provided in this chapter. 
 26.6      (5) The commissioner has the authority to monitor the 
 26.7   facility's compliance with any requirements that the 
 26.8   health-related licensing board places on regulated persons 
 26.9   practicing in a facility either during the period pending a 
 26.10  final decision on a disciplinary or corrective action or as a 
 26.11  result of a disciplinary or corrective action.  The commissioner 
 26.12  has the authority to order the immediate removal of a regulated 
 26.13  person from direct contact or access when a board issues an 
 26.14  order of temporary suspension based on a determination that the 
 26.15  regulated person poses an immediate risk of harm to persons 
 26.16  receiving services in a licensed facility. 
 26.17     (6) A facility that allows a regulated person to provide 
 26.18  direct contact services while not complying with the 
 26.19  requirements imposed by the health-related licensing board is 
 26.20  subject to action by the commissioner as specified under 
 26.21  sections 245A.06 and 245A.07. 
 26.22     (7) The commissioner shall notify a health-related 
 26.23  licensing board immediately upon receipt of knowledge of 
 26.24  noncompliance with requirements placed on a facility or upon a 
 26.25  person regulated by the board. 
 26.26     Sec. 4.  [REVISORS INSTRUCTION.] 
 26.27     If Minnesota Statutes, section 609.2345, relating to 
 26.28  presenting false information for a background study, is enacted 
 26.29  during the 2002 regular legislative session, the revisor shall 
 26.30  substitute the term "the appropriate section of the criminal 
 26.31  code" found in section 245A.04, subdivision 3, paragraph (k), to 
 26.32  "section 609.2345."