HF 3826

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 02:21pm

A bill for an act
relating to human services; modifying licensed alcohol and drug counselor and
human services licensing background study disqualifications; amending Minnesota
Statutes 2016, sections 148F.025, subdivision 4; 245C.15, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 148F.025, subdivision 4, is amended to read:

Subd. 4.

Background investigation.

The applicant must sign a release authorizing the
board to obtain information from the Bureau of Criminal Apprehension, the Department of
Human Services, the Office of Health Facilities Complaints, and other agencies specified
by the board. After the board has given written notice to an individual who is the subject
of a background investigation, the agencies shall assist the board with the investigation by
giving the board criminal conviction data, reports about substantiated maltreatment of minors
and vulnerable adults, and other information. The board may contract with the commissioner
of human services to obtain criminal history data from the Bureau of Criminal Apprehension.
Information obtained under this subdivision is private data on individuals as defined in
section 13.02, subdivision 12. new text begin The board shall not automatically disqualify an applicant
who is a nonviolent controlled substance offender from licensure and shall determine each
applicant's eligibility for licensure on a case-by-case basis based on a background
investigation. A nonviolent controlled substance offender is a person who meets the criteria
described under section 244.0513, subdivision 2, clauses (1), (2), and (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245C.15, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Certain nonviolent offenders. new text end

new text begin (a) The commissioner shall not disqualify an
otherwise qualified direct contact staff person under section 245G.11 who is a nonviolent
controlled substance offender from providing direct contact services as a current or
prospective employee, volunteer, or contractor for a licensed program or provider of housing
support under chapter 256I. A nonviolent controlled substance offender is a person who
meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (6).
new text end

new text begin (b) The commissioner shall not disqualify an otherwise qualified direct contact staff
person from providing direct contact services as a current or prospective employee, volunteer,
or contractor for a licensed program or provider of housing support under chapter 256I, for
the following actions or offenses, if the commissioner, upon assessment of the background
study, determines that the offenses are not related to the employment duties of the direct
contact staff person:
new text end

new text begin (1) section 256.98 (wrongfully obtaining assistance);
new text end

new text begin (2) section 268.182 (false representation; concealment of facts);
new text end

new text begin (3) section 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud);
new text end

new text begin (4) section 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury);
new text end

new text begin (5) section 609.498 (tampering with a witness);
new text end

new text begin (6) section 609.521 (possession of shoplifting gear);
new text end

new text begin (7) section 609.535 (issuance of dishonored checks);
new text end

new text begin (8) section 609.71 (riot);
new text end

new text begin (9) section 617.241 (obscene materials and performances; distribution and exhibition
prohibited; penalty);
new text end

new text begin (10) section 260C.301 (voluntary termination of parental rights);
new text end

new text begin (11) section 609.33 (disorderly house);
new text end

new text begin (12) section 617.243 (indecent literature, distribution);
new text end

new text begin (13) section 609.66 (dangerous weapons);
new text end

new text begin (14) section 609.665 (spring guns);
new text end

new text begin (15) section 609.79 (obscene or harassing telephone calls); and
new text end

new text begin (16) section 609.795 (letter, telegram, or package; opening; harassment).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end