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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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1.1A bill for an act
1.2relating to health occupations; establishing a criminal background check process
1.3for individuals licensed by the health-related licensing boards; appropriating
1.4money;amending Minnesota Statutes 2012, section 13.411, subdivision 7;
1.5proposing coding for new law in Minnesota Statutes, chapter 214.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 13.411, subdivision 7, is amended to read:
1.8    Subd. 7. Examining and licensing boards. (a) Health licensing boards. Data
1.9held by health licensing boards are classified under sections 214.10, subdivision 8, and
1.10214.25, subdivision 1 .
1.11(b) Combined boards data. Data held by licensing boards participating in a health
1.12professional services program are classified under sections 214.34 and 214.35.
1.13(c) Criminal background checks. Criminal history record information obtained by
1.14a health-related licensing board is classified under section 214.075, subdivision 7.

1.15    Sec. 2. [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
1.16BACKGROUND CHECKS.
1.17    Subdivision 1. Applications. (a) By January 1, 2018, each health-related licensing
1.18board, as defined in section 214.01, subdivision 2, shall require applicants for initial
1.19licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse
1.20in licensure, as defined by the individual health-related licensing boards to submit to
1.21a criminal history records check of state data completed by the Bureau of Criminal
1.22Apprehension (BCA) and a national criminal history records check, including a search of
1.23the records of the Federal Bureau of Investigation (FBI).
2.1(b) An applicant must complete a criminal background check if more than one year
2.2has elapsed since the applicant last submitted a background check to the board.
2.3    Subd. 2. Investigations. If a health-related licensing board has reasonable cause
2.4to believe a licensee has been charged with or convicted of a crime in this or any other
2.5jurisdiction, the health-related licensing board may require the licensee to submit to a
2.6criminal history records check of state data completed by the BCA and a national criminal
2.7history records check, including a search of the records of the FBI.
2.8    Subd. 3. Consent form; fees; and fingerprints. In order to effectuate the federal
2.9and state level, fingerprint-based criminal background check, the applicant or licensee
2.10must submit a completed criminal history records check consent form and a full set of
2.11fingerprints to the respective health-related licensing board or a designee in the manner
2.12and form specified by the board. The applicant or licensee is responsible for all fees
2.13associated with preparation of the fingerprints, the criminal records check consent form,
2.14and the criminal background check. The fees for the criminal records background check
2.15shall be set by the BCA and the FBI and are not refundable.
2.16    Subd. 4. Refusal to consent. (a) The health-related licensing boards shall not issue
2.17a license to any applicant who refuses to consent to a criminal background check or fails
2.18to submit fingerprints within 90 days after submission of an application for licensure. Any
2.19fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
2.20to the criminal background check or fails to submit the required fingerprints.
2.21(b) The failure of a licensee to submit to a criminal background check as provided in
2.22subdivision 3 is grounds for disciplinary action by the respective health licensing board.
2.23    Subd. 5. Submission of fingerprints to the Bureau of Criminal Apprehension.
2.24The health-related licensing board or designee shall submit applicant or licensee
2.25fingerprints to the BCA. The BCA shall perform a check for state criminal justice
2.26information and shall forward the applicant's or licensee's fingerprints to the FBI to
2.27perform a check for national criminal justice information regarding the applicant or
2.28licensee. The BCA shall report to the board the results of the state and national criminal
2.29justice information checks.
2.30    Subd. 6. Alternatives to fingerprint-based criminal background checks. The
2.31health-related licensing board may require an alternative method of criminal history
2.32checks for an applicant or licensee who has submitted at least three sets of fingerprints in
2.33accordance with this section that have been unreadable by the BCA or the FBI.
2.34    Subd. 7. Data practices. Criminal history record information obtained by the
2.35health-related licensing board under this section is private data on individuals under
2.36section 13.02, subdivision 12.
3.1    Subd. 8. Opportunity to challenge accuracy of report. Prior to taking disciplinary
3.2action against an applicant or a licensee based on a criminal conviction, the health-related
3.3licensing board shall provide the applicant or the licensee an opportunity to complete or
3.4challenge the accuracy of the criminal history information reported to the board. The
3.5applicant or licensee shall have 30 calendar days following notice from the board of
3.6the intent to deny licensure or to take disciplinary action to request an opportunity to
3.7correct or complete the record prior to the board taking disciplinary action based on the
3.8information reported to the board. The board shall provide the applicant up to 180 days to
3.9challenge the accuracy or completeness of the report with the agency responsible for the
3.10record. This subdivision does not affect the right of the subject of the data to contest the
3.11accuracy or completeness under section 13.04, subdivision 4.
3.12    Subd. 9. Instructions to the board; plans. The health-related licensing boards, in
3.13collaboration with the commissioner of human services and the BCA, shall establish a
3.14plan for completing criminal background checks of all licensees who were licensed before
3.15the effective date requirement under subdivision 1. The plan must seek to minimize
3.16duplication of requirements for background checks of licensed health professionals. The
3.17plan for background checks of current licensees shall be developed no later than January
3.181, 2017, and may be contingent upon the implementation of a system by the BCA or FBI
3.19in which any new crimes that an applicant or licensee commits after an initial background
3.20check are flagged in the BCA's or FBI's database and reported back to the board. The plan
3.21shall include recommendations for any necessary statutory changes.

3.22    Sec. 3. INCLUSION OF OTHER HEALTH-RELATED OCCUPATIONS TO
3.23CRIMINAL BACKGROUND CHECKS.
3.24(a) If the Department of Health is not reviewed by the Sunset Advisory Commission
3.25according to the schedule in Minnesota Statutes, section 3D.21, the commissioner
3.26of health, as the regulator for occupational therapy practitioners, speech-language
3.27pathologists, audiologists, and hearing instrument dispensers, shall require applicants
3.28for licensure or renewal to submit to a criminal history records check as required under
3.29Minnesota Statutes, section 214.075, for other health-related licensed occupations
3.30regulated by the health-related licensing boards.
3.31(b) Any statutory changes necessary to include the commissioner of health to
3.32Minnesota Statutes, section 214.075, shall be included in the plan required in Minnesota
3.33Statutes, section 214.075, subdivision 9.

3.34    Sec. 4. APPROPRIATION.
4.1$....... is appropriated for fiscal year 2014 from the state government special revenue
4.2fund to the Administrative Services Unit for the implementation of a criminal background
4.3check program.

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