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SF 588

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/06/2013 08:28am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to health occupations; establishing a criminal background check process
for individuals licensed by the health-related licensing boards; appropriating
money;amending Minnesota Statutes 2012, section 13.411, subdivision 7;
proposing coding for new law in Minnesota Statutes, chapter 214.

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

Section 1.

Minnesota Statutes 2012, section 13.411, subdivision 7, is amended to read:


Subd. 7.

Examining and licensing boards.

(a) Health licensing boards. Data
held by health licensing boards are classified under sections 214.10, subdivision 8, and
214.25, subdivision 1.

(b) Combined boards data. Data held by licensing boards participating in a health
professional services program are classified under sections 214.34 and 214.35.

(c) Criminal background checks. Criminal history record information obtained by
a health-related licensing board is classified under section 214.075, subdivision 7.

Sec. 2.

[214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
BACKGROUND CHECKS.

Subdivision 1.

Applications.

(a) By January 1, 2018, each health-related licensing
board, as defined in section 214.01, subdivision 2, shall require applicants for initial
licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse
in licensure, as defined by the individual health-related licensing boards to submit to
a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI).

(b) An applicant must complete a criminal background check if more than one year
has elapsed since the applicant last submitted a background check to the board.

Subd. 2.

Investigations.

If a health-related licensing board has reasonable cause
to believe a licensee has been charged with or convicted of a crime in this or any other
jurisdiction, the health-related licensing board may require the licensee to submit to a
criminal history records check of state data completed by the BCA and a national criminal
history records check, including a search of the records of the FBI.

Subd. 3.

Consent form; fees; and fingerprints.

In order to effectuate the federal
and state level, fingerprint-based criminal background check, the applicant or licensee
must submit a completed criminal history records check consent form and a full set of
fingerprints to the respective health-related licensing board or a designee in the manner
and form specified by the board. The applicant or licensee is responsible for all fees
associated with preparation of the fingerprints, the criminal records check consent form,
and the criminal background check. The fees for the criminal records background check
shall be set by the BCA and the FBI and are not refundable.

Subd. 4.

Refusal to consent.

(a) The health-related licensing boards shall not issue
a license to any applicant who refuses to consent to a criminal background check or fails
to submit fingerprints within 90 days after submission of an application for licensure. Any
fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
to the criminal background check or fails to submit the required fingerprints.

(b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health licensing board.

Subd. 5.

Submission of fingerprints to the Bureau of Criminal Apprehension.

The health-related licensing board or designee shall submit applicant or licensee
fingerprints to the BCA. The BCA shall perform a check for state criminal justice
information and shall forward the applicant's or licensee's fingerprints to the FBI to
perform a check for national criminal justice information regarding the applicant or
licensee. The BCA shall report to the board the results of the state and national criminal
justice information checks.

Subd. 6.

Alternatives to fingerprint-based criminal background checks.

The
health-related licensing board may require an alternative method of criminal history
checks for an applicant or licensee who has submitted at least three sets of fingerprints in
accordance with this section that have been unreadable by the BCA or the FBI.

Subd. 7.

Data practices.

Criminal history record information obtained by the
health-related licensing board under this section is private data on individuals under
section 13.02, subdivision 12.

Subd. 8.

Opportunity to challenge accuracy of report.

Prior to taking disciplinary
action against an applicant or a licensee based on a criminal conviction, the health-related
licensing board shall provide the applicant or the licensee an opportunity to complete or
challenge the accuracy of the criminal history information reported to the board. The
applicant or licensee shall have 30 calendar days following notice from the board of
the intent to deny licensure or to take disciplinary action to request an opportunity to
correct or complete the record prior to the board taking disciplinary action based on the
information reported to the board. The board shall provide the applicant up to 180 days to
challenge the accuracy or completeness of the report with the agency responsible for the
record. This subdivision does not affect the right of the subject of the data to contest the
accuracy or completeness under section 13.04, subdivision 4.

Subd. 9.

Instructions to the board; plans.

The health-related licensing boards, in
collaboration with the commissioner of human services and the BCA, shall establish a
plan for completing criminal background checks of all licensees who were licensed before
the effective date requirement under subdivision 1. The plan must seek to minimize
duplication of requirements for background checks of licensed health professionals. The
plan for background checks of current licensees shall be developed no later than January
1, 2017, and may be contingent upon the implementation of a system by the BCA or FBI
in which any new crimes that an applicant or licensee commits after an initial background
check are flagged in the BCA's or FBI's database and reported back to the board. The plan
shall include recommendations for any necessary statutory changes.

Sec. 3. INCLUSION OF OTHER HEALTH-RELATED OCCUPATIONS TO
CRIMINAL BACKGROUND CHECKS.

(a) If the Department of Health is not reviewed by the Sunset Advisory Commission
according to the schedule in Minnesota Statutes, section 3D.21, the commissioner
of health, as the regulator for occupational therapy practitioners, speech-language
pathologists, audiologists, and hearing instrument dispensers, shall require applicants
for licensure or renewal to submit to a criminal history records check as required under
Minnesota Statutes, section 214.075, for other health-related licensed occupations
regulated by the health-related licensing boards.

(b) Any statutory changes necessary to include the commissioner of health to
Minnesota Statutes, section 214.075, shall be included in the plan required in Minnesota
Statutes, section 214.075, subdivision 9.

Sec. 4. APPROPRIATION.

$....... is appropriated for fiscal year 2014 from the state government special revenue
fund to the Administrative Services Unit for the implementation of a criminal background
check program.

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