SF 2935

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 01:58pm

A bill for an act
relating to human services; making changes to licensing provisions; modifying
background study requirements, disqualifications, and data classification;
amending Minnesota Statutes 2008, sections 245A.07, subdivision 2a; 245A.30;
245B.05, subdivision 7; 245C.02, subdivision 18; Minnesota Statutes 2009
Supplement, sections 245A.03, subdivision 2; 245A.04, subdivisions 5, 7;
245A.07, subdivisions 1, 3; 245A.144; 245A.50, subdivision 5; 245C.15,
subdivision 2; 245C.20; 245C.22, subdivision 7.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 245A.03, subdivision 2,
is amended to read:

Subd. 2.

Exclusion from licensure.

(a) This chapter does not apply to:

(1) residential or nonresidential programs that are provided to a person by an
individual who is related unless the residential program is a child foster care placement
made by a local social services agency or a licensed child-placing agency, except as
provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons
from a single related family;

(3) residential or nonresidential programs that are provided to adults who do
not abuse chemicals or who do not have a chemical dependency, a mental illness, a
developmental disability, a functional impairment, or a physical disability;

(4) sheltered workshops or work activity programs that are certified by the
commissioner of employment and economic development;

(5) programs operated by a public school for children 33 months or older;

(6) nonresidential programs primarily for children that provide care or supervision
for periods of less than three hours a day while the child's parent or legal guardian is in
the same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as
specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that new text begin do not new text end
provide deleted text begin services for five or more persons whose primary diagnosis is mental illness that do
not provide intensive residential treatment deleted text end new text begin children's residential services under Minnesota
Rules, chapter 2960, mental health or chemical dependency treatment new text end ;

(9) homes providing programs for persons placed by a county or a licensed agency
for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are operated or approved by a
park and recreation board whose primary purpose is to provide social and recreational
activities;

(12) programs operated by a school as defined in section 120A.22, subdivision 4;
YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as
defined in section 315.51, whose primary purpose is to provide child care new text begin or services new text end to
school-age children;

(13) Head Start nonresidential programs which operate for less than 45 days in
each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and
art programs, and nonresidential programs for children provided for a cumulative total of
less than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or
the congregate care of children by a church, congregation, or religious society during the
period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;

(19) mental health outpatient services for adults with mental illness or children
with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural
or educational exchange, until the commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite care services to persons
with developmental disabilities from a single related family for no more than 90 days in a
12-month period and the respite care services are for the temporary relief of the person's
family or legal representative;

(22) respite care services provided as a home and community-based service to a
person with a developmental disability, in the person's primary residence;

(23) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;

(24) the placement of a child by a birth parent or legal guardian in a preadoptive
home for purposes of adoption as authorized by section 259.47;

(25) settings registered under chapter 144D which provide home care services
licensed by the commissioner of health to fewer than seven adults;

(26) chemical dependency or substance abuse treatment activities of licensed
professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart
15, when the treatment activities are not paid for by the consolidated chemical dependency
treatment fund;

(27) consumer-directed community support service funded under the Medicaid
waiver for persons with developmental disabilities when the individual who provided
the service is:

(i) the same individual who is the direct payee of these specific waiver funds or paid
by a fiscal agent, fiscal intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service; or

(28) a program serving only children who are age 33 months or older, that is
operated by a nonpublic school, for no more than four hours per day per child, with no
more than 20 children at any one time, and that is accredited by:

(i) an accrediting agency that is formally recognized by the commissioner of
education as a nonpublic school accrediting organization; or

(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.

A program that asserts its exemption from licensure under item (ii) shall, upon
request from the commissioner, provide the commissioner with documentation from the
accrediting agency that verifies: that the accreditation is current; that the accrediting
agency investigates complaints about services; and that the accrediting agency's standards
require background studies on all people providing direct contact services.

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.

(c) Nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 5, is
amended to read:

Subd. 5.

Commissioner's right of access.

When the commissioner is exercising
the powers conferred by this chapter and sections 245.69, 626.556, and 626.557, the
commissioner must be given access to the physical plant and grounds where the program
is provided, documents and records, including records maintained in electronic format,
persons served by the program, and staff whenever the program is in operation and the
information is relevant to inspections or investigations conducted by the commissioner.
The commissioner must be given access without prior notice and as often as the
commissioner considers necessary if the commissioner is deleted text begin conducting an investigation
of allegations of deleted text end new text begin investigating alleged new text end maltreatment deleted text begin or other deleted text end new text begin , conducting a licensing
inspection, or investigating an alleged new text end violation of applicable laws or rules. In conducting
inspections, the commissioner may request and shall receive assistance from other state,
county, and municipal governmental agencies and departments. The applicant or license
holder shall allow the commissioner to photocopy, photograph, and make audio and video
tape recordings during the inspection of the program at the commissioner's expense. The
commissioner shall obtain a court order or the consent of the subject of the records or the
parents or legal guardian of the subject before photocopying hospital medical records.

Persons served by the program have the right to refuse to consent to be interviewed,
photographed, or audio or videotaped. Failure or refusal of an applicant or license holder
to fully comply with this subdivision is reasonable cause for the commissioner to deny the
application or immediately suspend or revoke the license.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 7, is
amended to read:

Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines
that the program complies with all applicable rules and laws, the commissioner shall issue
a license. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the
program; and

(6) any special conditions of licensure.

(b) The commissioner may issue an initial license for a period not to exceed two
years if:

(1) the commissioner is unable to conduct the evaluation or observation required
by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet
operational;

(2) certain records and documents are not available because persons are not yet
receiving services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any
person or persons will be placed or cared for in the licensed program. A license shall not
be transferable to another individual, corporation, partnership, voluntary association, other
organization, or controlling individual or to another location.

(d) A license holder must notify the commissioner and obtain the commissioner's
approval before making any changes that would alter the license information listed under
paragraph (a).

(e) new text begin Except as provided in paragraphs (g) and (h), new text end the commissioner shall not issue or
reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has
been granted;

(2) has been denied a license within the past two years;

(3) had a license revoked within the past five years; or

(4) has an outstanding debt related to a license fee, licensing fine, or settlement
agreement for which payment is delinquent.

When a license is revoked under clause (1) or (3), the license holder and controlling
individual may not hold any license under chapter 245A or 245B for five years following
the revocation, and other licenses held by the applicant, license holder, or controlling
individual shall also be revoked.

(f) The commissioner shall not issue new text begin or reissue new text end a license if an individual living in
the household where the licensed services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set
aside and no variance has been granted.

new text begin (g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has
been suspended or revoked and the suspension or revocation is under appeal, the program
may continue to operate pending a final order from the commissioner. If the license under
suspension or revocation will expire before a final order is issued, a temporary provisional
license may be issued provided any applicable license fee is paid before the temporary
provisional license is issued.
new text end

new text begin (h) Notwithstanding paragraph (g), when a revocation is based on the disqualification
of a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.
new text end

deleted text begin (g) deleted text end new text begin (i) new text end For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

deleted text begin (h) deleted text end new text begin (j) new text end Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the
day after the expiration date stated on the license. A license holder must apply for and
be granted a new license to operate the program or the program must not be operated
after the expiration date.

new text begin (k) The commissioner shall not issue or reissue a license if it has been determined that
a tribal licensing authority has established jurisdiction to license the program or service.
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. 4.

Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 1, is
amended to read:

Subdivision 1.

Sanctions; appeals; license.

(a) In addition to making a license
conditional under section 245A.06, the commissioner may suspend or revoke the license,
impose a fine, or secure an injunction against the continuing operation of the program of a
license holder who does not comply with applicable law or rule. When applying sanctions
authorized under this section, the commissioner shall consider the nature, chronicity, or
severity of the violation of law or rule and the effect of the violation on the health, safety,
or rights of persons served by the program.

(b) If a license holder appeals the suspension or revocation of a license and the
license holder continues to operate the program pending a final order on the appeal, deleted text begin and
the license expires during this time period, deleted text end the commissioner shall issue the license holder
a temporary provisional license. deleted text begin The temporary provisional license is effective on the date
issued and expires on the date that a final order is issued. deleted text end Unless otherwise specified by the
commissioner, variances in effect on the date of the license sanction under appeal continue
under the temporary provisional license. If a license holder fails to comply with applicable
law or rule while operating under a temporary provisional license, the commissioner may
impose new text begin additional new text end sanctions under this section and section 245A.06, and may terminate
any prior variance. If deleted text begin the license holder prevails on the appeal and the effective period
of the previous license has expired deleted text end new text begin a temporary provisional license is set to expire new text end , a
new new text begin temporary provisional new text end license shall be issued to the license holder upon payment of
any fee required under section 245A.10. deleted text begin The effective date of the new license shall be
retroactive to the date the license would have shown had no sanction been initiated. The
expiration date shall be the expiration date of that license had no license sanction been
initiated. deleted text end new text begin The temporary provisional license shall expire on the date the final order is
issued. If the license holder prevails on the appeal, a new nonprovisional license shall
be issued for the remainder of the current license period.
new text end

(c) If a license holder is under investigation and the license is due to expire
before completion of the investigation, the program shall be issued a new license upon
completion of the reapplication requirements new text begin and payment of any applicable license fee new text end .
Upon completion of the investigation, a licensing sanction may be imposed against the
new license under this section, section 245A.06, or 245A.08.

(d) Failure to reapply or closure of a license by the license holder prior to the
completion of any investigation shall not preclude the commissioner from issuing a
licensing sanction under this section, section 245A.06, or 245A.08 at the conclusion
of the investigation.

Sec. 5.

Minnesota Statutes 2008, section 245A.07, subdivision 2a, is amended to read:

Subd. 2a.

Immediate suspension expedited hearing.

(a) Within five working days
of receipt of the license holder's timely appeal, the commissioner shall request assignment
of an administrative law judge. The request must include a proposed date, time, and place
of a hearing. A hearing must be conducted by an administrative law judge within 30
calendar days of the request for assignment, unless an extension is requested by either
party and granted by the administrative law judge for good cause. The commissioner shall
issue a notice of hearing by certified mail or personal service at least ten working days
before the hearing. The scope of the hearing shall be limited solely to the issue of whether
the temporary immediate suspension should remain in effect pending the commissioner's
final order under section 245A.08, regarding a licensing sanction issued under subdivision
3 following the immediate suspension. The burden of proof in expedited hearings under
this subdivision shall be limited to the commissioner's demonstration that reasonable
cause exists to believe that the license holder's actions or failure to comply with applicable
law or rule poses, or if the actions of other individuals or conditions in the program poses
an imminent risk of harm to the health, safety, or rights of persons served by the program.
new text begin "Reasonable cause" means there exist specific articulable facts or circumstances which
provide the commissioner with a reasonable suspicion that there is an imminent risk of
harm to the health, safety, or rights of persons served by the program.
new text end

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten working days from the close of the
record. Within 90 calendar days after a final order affirming an immediate suspension, the
commissioner shall make a determination regarding whether a final licensing sanction
shall be issued under subdivision 3. The license holder shall continue to be prohibited
from operation of the program during this 90-day period.

(c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivision 3 and the license holder appeals that
sanction, the license holder continues to be prohibited from operation of the program
pending a final commissioner's order under section 245A.08, subdivision 5, regarding the
final licensing sanction.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 3, is
amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may
suspend or revoke a license, or impose a fine if a license holder fails to comply fully with
applicable laws or rules, if a license holder, a controlling individual, or an individual
living in the household where the licensed services are provided or is otherwise subject
to a background study has a disqualification which has not been set aside under section
245C.22, or if a license holder knowingly withholds relevant information from or gives
false or misleading information to the commissioner in connection with an application
for a license, in connection with the background study status of an individual, during an
investigation, or regarding compliance with applicable laws or rules. A license holder
who has had a license suspended, revoked, or has been ordered to pay a fine must be
given notice of the action by certified mail or personal service. If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state the reasons the license was suspended, revoked, or
a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license
holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received
the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits
a timely appeal of an order suspending or revoking a license, the license holder may
continue to operate new text begin the program as provided in section 245A.04, subdivision 7, paragraphs
(g) and (h), new text end until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the
license holder of the responsibility for payment of fines and the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
of an order to pay a fine must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the fine has been ordered. If a request is
made by personal service, it must be received by the commissioner within ten calendar
days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner
may issue a second fine or suspend the license until the license holder complies. If the
license holder receives state funds, the state, county, or municipal agencies or departments
responsible for administering the funds shall withhold payments and recover any payments
made while the license is suspended for failure to pay a fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services,
in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal the second fine as provided
under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for
each determination of maltreatment of a child under section 626.556 or the maltreatment
of a vulnerable adult under section 626.557 for which the license holder is determined
responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i),
or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each
occurrence of a violation of law or rule governing matters of health, safety, or supervision,
including but not limited to the provision of adequate staff-to-child or adult ratios, and
failure to comply with background study requirements under chapter 245C; and the license
holder shall forfeit $100 for each occurrence of a violation of law or rule other than those
subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means
each violation identified in the commissioner's fine order. Fines assessed against a license
holder that holds a license to provide the residential-based habilitation services, as defined
under section 245B.02, subdivision 20, and a license to provide foster care, may be
assessed against both licenses for the same occurrence, but the combined amount of the
fines shall not exceed the amount specified in this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a corporation,
each controlling individual is personally and jointly liable for payment.

Sec. 7.

Minnesota Statutes 2009 Supplement, section 245A.144, is amended to read:

245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME
FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five
years of age must document that before staff persons and caregivers assist in the care of
infants or children through five years of age, they are instructed on the standards in section
245A.1435 and receive training on reducing the risk of sudden infant death syndrome
and shaken baby syndrome for infants and young children. This section does not apply
to emergency relative deleted text begin foster care deleted text end new text begin placement new text end under section 245A.035. The training on
reducing the risk of sudden infant death syndrome and shaken baby syndrome may be
provided as:

(1) orientation training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must
be completed at least once every five years. At a minimum, the training must address the
risk factors related to sudden infant death syndrome and shaken baby syndrome, means
of reducing the risk of sudden infant death syndrome and shaken baby syndrome, and
license holder communication with parents regarding reducing the risk of sudden infant
death syndrome and shaken baby syndrome.

(c) Training for child foster care providers must be approved by the county new text begin or private new text end
licensing agency deleted text begin and deleted text end new text begin that is responsible for monitoring the child foster care provider
under section 245A.16. The approved training new text end fulfills, in part, training required under
Minnesota Rules, part 2960.3070.

Sec. 8.

Minnesota Statutes 2008, section 245A.30, is amended to read:

245A.30 LICENSING PROHIBITION FOR CERTAIN deleted text begin JUVENILE deleted text end
FACILITIES new text begin SERVING CHILDREN new text end .

The commissioner may not:

(1) issue any license under Minnesota Rules, parts deleted text begin 9545.0905 to 9545.1125, deleted text end new text begin
2960.0010 to 2960.0710, new text end for the residential placement of deleted text begin juveniles deleted text end new text begin children new text end at a facility
if the facility accepts deleted text begin juveniles deleted text end new text begin children new text end who reside outside of Minnesota without an
agreement with the entity placing the deleted text begin juvenile deleted text end new text begin child new text end at the facility that obligates the entity
to pay the educational and medical expenses of the deleted text begin juvenile deleted text end new text begin child new text end ; or

(2) renew a license under Minnesota Rules, parts deleted text begin 9545.0905 to 9545.1125, deleted text end new text begin
2960.0010 to 2960.0710, new text end for the residential placement of deleted text begin juveniles deleted text end new text begin children new text end if the facility
accepts deleted text begin juveniles deleted text end new text begin children new text end who reside outside of Minnesota without an agreement with
the entity placing the deleted text begin juvenile deleted text end new text begin child new text end at the facility that obligates the entity to pay the
educational and medical expenses of the deleted text begin juvenile deleted text end new text begin child new text end .

Sec. 9.

Minnesota Statutes 2009 Supplement, section 245A.50, subdivision 5, is
amended to read:

Subd. 5.

Sudden infant death syndrome and shaken baby syndrome training.

(a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden infant death syndrome. In addition, license
holders must document that before staff persons, caregivers, and helpers assist in the care
of infants and children under school age, they receive training on reducing the risk of
shaken baby syndrome. The training in this subdivision may be provided as initial training
under subdivision 1 or ongoing annual training under subdivision 7.

(b) Sudden infant death syndrome reduction training required under this subdivision
must be at least one-half hour in length and must be completed at least once every five
years. At a minimum, the training must address the risk factors related to sudden infant
death syndrome, means of reducing the risk of sudden infant death syndrome in child
care, and license holder communication with parents regarding reducing the risk of
sudden infant death syndrome.

(c) Shaken baby syndrome training required under this subdivision must be at
least one-half hour in length and must be completed at least once every five years. At a
minimum, the training must address the risk factors related to shaken baby syndrome,
means of reducing the risk of shaken baby syndrome in child care, and license holder
communication with parents regarding reducing the risk of shaken baby syndrome.

(d) Training for family and group family child care providers must be approved
by the county licensing agency.

(e) The commissioner shall make available for viewing by all licensed child care
providers a video presentation on the dangers associated with shaking infants and young
children. The video presentation shall be part of the initial and ongoing annual training of
licensed child care providers new text begin , caregivers, and helpers new text end caring for children under school age.
The commissioner shall provide to child care providers and interested individuals, at cost,
copies of a video approved by the commissioner of health under section 144.574 on the
dangers associated with shaking infants and young children.

Sec. 10.

Minnesota Statutes 2008, section 245B.05, subdivision 7, is amended to read:

Subd. 7.

Reporting incidents.

(a) The license holder must maintain information
about and report incidents under section 245B.02, subdivision 10, clauses (1) to (7), to the
consumer's legal representative, other licensed caregiver, if any, and case manager within
24 hours of the occurrence, or within 24 hours of receipt of the information unless the
incident has been reported by another license holder. An incident under section 245B.02,
subdivision 10, clause (8), must be reported as required under paragraph (c) unless the
incident has been reported by another license holder.

(b) When the incident involves more than one consumer, the license holder must
not disclose personally identifiable information about any other consumer when making
the report to each consumer's legal representative, other licensed caregiver, if any, and
case manager unless the license holder has the consent of a consumer or a consumer's
legal representative.

(c) Within 24 hours of reporting maltreatment as required under section 626.556
or 626.557, the license holder must inform the consumer's legal representative and case
manager of the report unless there is reason to believe that the legal representative or case
manager is involved in the suspected maltreatment. The information the license holder
must disclose is the nature of the activity or occurrence reported, the agency that receives
the report, and the telephone number of the Department of Human Services Licensing
Division.

(d) new text begin Except as provided in paragraph (e), new text end death or serious injury of the consumer
must also be reported to the Department of Human Services Licensing Division and the
ombudsman, as required under sections 245.91 and 245.94, subdivision 2a.

new text begin (e) When a death or serious injury occurs in a facility certified as an intermediate
care facility for persons with developmental disabilities, the death or serious injury must
be reported to the Department of Health, Office of Health Facility Complaints, and the
ombudsman, as required under sections 245.91 and 245.94, subdivision 2a.
new text end

Sec. 11.

Minnesota Statutes 2008, section 245C.02, subdivision 18, is amended to read:

Subd. 18.

Serious maltreatment.

(a) "Serious maltreatment" means sexual abuse,
maltreatment resulting in death, deleted text begin maltreatment deleted text end new text begin neglect new text end resulting in serious injury which
reasonably requires the care of a physician whether or not the care of a physician was
sought, or abuse resulting in serious injury.

(b) For purposes of this definition, "care of a physician" is treatment received or
ordered by a physician new text begin , physician assistant, or nurse practitioner, new text end but does not include new text begin :
new text end

new text begin (1) new text end diagnostic testing, assessment, or observation deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) the application of, recommendation to use, or prescription solely for a remedy
that is available over the counter without a prescription; or
new text end

new text begin (3) a prescription solely for a topical antibiotic to treat burns when there is no
follow-up appointment.
new text end

(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises,
bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal
injuries; head injuries with loss of consciousness; extensive second-degree or third-degree
burns and other burns for which complications are present; extensive second-degree or
third-degree frostbite and other frostbite for which complications are present; irreversible
mobility or avulsion of teeth; injuries to the eyes; ingestion of foreign substances and
objects that are harmful; near drowning; and heat exhaustion or sunstroke.

(d) Serious maltreatment includes neglect when it results in criminal sexual conduct
against a child or vulnerable adult.

Sec. 12.

Minnesota Statutes 2009 Supplement, section 245C.15, subdivision 2, is
amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph
(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of
drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter
of an unborn child in the second degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury
or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing
stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.562 (arson in the second degree);
609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary
tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery);
609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by
false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled
shotguns); 609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82
(fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent
exposure), not involving a minor; repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty); 624.713 (certain persons
not to possess firearms); chapter 152 (drugs; controlled substance); or a felony-level
conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the deleted text begin individual's deleted text end termination of the individual's parental rights under section
260C.301 new text begin , subdivision 1, paragraph (b), or subdivision 3 new text end .

(d) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of the offenses
listed in paragraph (a).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual
is disqualified but the disqualification look-back period for the offense is the period
applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court. When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court. When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, or the
date of the incident, whichever occurs last.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactive to May 22, 2009.
new text end

Sec. 13.

Minnesota Statutes 2009 Supplement, section 245C.20, is amended to read:

245C.20 LICENSE HOLDER RECORD KEEPING.

new text begin Subdivision 1. new text end

new text begin Background studies initiated by program. new text end

A licensed program
shall document the date the program initiates a background study under this chapter in the
program's personnel files. When a background study is completed under this chapter, a
licensed program shall maintain a notice that the study was undertaken and completed
in the program's personnel files. Except when background studies are initiated through
the commissioner's online system, if a licensed program has not received a response from
the commissioner under section 245C.17 within 45 days of initiation of the background
study request, the licensed program must contact the human services licensing division
to inquire about the status of the study. If a license holder initiates a background study
under the commissioner's online system, but the background study subject's name does
not appear in the list of active or recent studies initiated by that license holder, the
license holder must either contact the human services licensing division or resubmit the
background study information online for that individual.

new text begin Subd. 2. new text end

new text begin Background studies initiated by others. new text end

new text begin When a license holder relies on
a background study initiated by a personnel pool agency, a temporary personnel agency,
an educational program, or a professional services agency for a person required to have a
background study completed under section 245C.03, the license holder must maintain a
copy of the background study results in the license holder's files.
new text end

Sec. 14.

Minnesota Statutes 2009 Supplement, section 245C.22, subdivision 7, is
amended to read:

Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, upon
setting aside a disqualification under this section, the identity of the disqualified individual
who received the set-aside and the individual's disqualifying characteristics are public
data if the set-aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set-aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted, except as provided
under section 13.46, subdivision 4;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect; deleted text begin or
deleted text end

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) the disqualified individual is a household member of a licensed foster care
provider and:
new text end

new text begin (i) the disqualified individual previously received foster care services from this
licensed foster care provider;
new text end

new text begin (ii) the disqualified individual was subsequently adopted by this licensed foster
care provider; and
new text end

new text begin (iii) the disqualifying act occurred before the adoption.
new text end

(d) Licensed family child care providers and child care centers must provide notices
as required under section 245C.301.

(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:

(1) the household member resides in the residence where the family child care is
provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance only relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.