SF 2359

as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 10:53am

A bill for an act
relating to nursing; authorizing criminal history records check; proposing coding
for new law in Minnesota Statutes, chapter 148.

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

Section 1.

new text begin [148.192] CRIMINAL HISTORY RECORDS CHECK.
new text end

new text begin Subdivision 1. new text end

new text begin Applicants. new text end

new text begin (a) An applicant for initial licensure or licensure by
endorsement under section 148.211 and an applicant for reregistration under section
148.231, subdivision 5, shall submit to a criminal history records check of state data,
regardless of data classification, and a national criminal history records check to include a
search of the records of the Federal Bureau of Investigation.
new text end

new text begin (b) An applicant shall submit a completed, notarized records check consent form
and fingerprints to the private vendor under contract with the board and must comply
with the following requirements:
new text end

new text begin (1) request and consent to a criminal history records check of state data, regardless
of data classification;
new text end

new text begin (2) request and consent to a national criminal history records check;
new text end

new text begin (3) submit to fingerprinting on a form acceptable to the board with the private vendor
under contract with the board including a verification form;
new text end

new text begin (4) request that the criminal history records check results of state data and national
data from the Federal Bureau of Investigation be sent directly to the board; and
new text end

new text begin (5) pay no more than $25 for the fingerprinting and completion of the criminal
history records check.
new text end

new text begin Subd. 2. new text end

new text begin Board responsibilities. new text end

new text begin (a) The board shall issue a request for proposals
for a private vendor to provide criminal history records check. Preference shall be given
for a vendor that can provide accurate data at a low cost. The board shall enter into a
contract with a private vendor to conduct the criminal history records check, and shall
only accept criminal history background checks from that vendor.
new text end

new text begin (b) The board shall maintain the criminal history records check reports in a manner
that ensures the confidentiality of the results as private data, prevents disclosure pursuant
to a public records request, and complies with applicable state and federal requirements.
new text end

new text begin (c) All criminal history record data obtained by the board is private data on
individuals under section 13.02, subdivision 12, and restricted to the exclusive use of
the board, its members, officers, investigative staff, and attorneys for the purpose of
evaluating the applicant's eligibility for licensure.
new text end

new text begin (d) If an applicant contests the accuracy or correctness of the criminal history
records check and proves that the results were inaccurate or incorrect, the board shall
destroy the inaccurate records.
new text end

new text begin (e) If data supplied by the Federal Bureau of Investigation conflicts with the data
supplied by the private vendor, the vendor's results shall supersede the results from the
Federal Bureau of Investigation.
new text end

new text begin Subd. 3. new text end

new text begin Licensure; reregistration. new text end

new text begin (a) In reviewing the results of the criminal
history records check to determine whether the applicant should be granted an initial
license or allowed to reregister, the board may consider all of the following:
new text end

new text begin (1) the nature and seriousness of the crime;
new text end

new text begin (2) the circumstances surrounding the crime;
new text end

new text begin (3) the extent of the applicant's past criminal activity;
new text end

new text begin (4) the age of the applicant when the crime was committed;
new text end

new text begin (5) the amount of time that has elapsed since the applicant's last criminal activity;
new text end

new text begin (6) the conduct and work activity of the applicant before and after the criminal
activity;
new text end

new text begin (7) whether the applicant has completed the terms of probation or deferred
adjudication;
new text end

new text begin (8) whether the crime is substantially related to the qualifications, functions, or
duties of a nurse;
new text end

new text begin (9) evidence of the applicant's rehabilitation;
new text end

new text begin (10) whether the applicant fully disclosed the arrest or conviction to the board; and
new text end

new text begin (11) any other factors the board considers relevant.
new text end

new text begin (b) The board shall not grant a license to an applicant or allow an applicant to
reregister unless the applicant has complied with this section.
new text end

new text begin Subd. 4. new text end

new text begin Results of records check. new text end

new text begin (a) If a criminal history records check indicates
that an applicant has engaged in criminal conduct, the board may take action under
sections 214.10 and 214.103.
new text end

new text begin (b) If an applicant disputes the accuracy or correctness of the results of the criminal
history records check, the board shall allow the applicant to present documentary evidence
that the results are inaccurate or incorrect. The board shall issue a written decision within
30 working days of receipt of the information.
new text end