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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 327-S.F.No. 3005 
                  An act relating to health and human services; 
                  establishing the right to seek licensure for excluded 
                  adult foster care providers; changing requirements to 
                  background studies for licensed programs; establishing 
                  tribal licensing agency access to criminal history 
                  data; clarifying tort liability licensing exception 
                  for county agencies; amending Minnesota Statutes 1998, 
                  sections 245A.03, subdivision 2, and by adding a 
                  subdivision; and 245A.04, subdivisions 3 and 3b; 
                  Minnesota Statutes 1999 Supplement, section 245A.04, 
                  subdivision 3d. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 245A.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 
        245A.16 do 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, mental retardation or a 
        related condition, a functional impairment, or a physical 
        handicap; 
           (4) sheltered workshops or work activity programs that are 
        certified by the commissioner of economic security; 
           (5) programs for children enrolled in kindergarten to the 
        12th grade and prekindergarten special education in a school as 
        defined in section 120A.22, subdivision 4, and programs serving 
        children in combined special education and regular 
        prekindergarten programs that are operated or assisted by the 
        commissioner of children, families, and learning; 
           (6) nonresidential programs primarily for children that 
        provide care or supervision, without charge for ten or fewer 
        days a year, and 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 provide services for five or more persons whose 
        primary diagnosis is mental illness who have refused an 
        appropriate residential program offered by a county agency.  
        This exclusion expires on July 1, 1990; 
           (9) homes providing programs for persons placed there by 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 
        operate for fewer than 40 calendar days in a calendar year or 
        programs operated by a park and recreation board of a city of 
        the first class whose primary purpose is to provide social and 
        recreational activities to school age children, provided the 
        program is approved by the park and recreation board; 
           (12) programs operated by a school as defined in section 
        120A.22, subdivision 4, whose primary purpose is to provide 
        child care to school-age children, provided the program is 
        approved by the district's school board; 
           (13) Head Start nonresidential programs which operate for 
        less than 31 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 mental retardation; 
           (15) nonresidential programs for nonhandicapped 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, until the commissioner adopts 
        appropriate rules; 
           (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 mental retardation or related 
        conditions 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 mental retardation or a 
        related condition, 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; or 
           (25) settings registered under chapter 144D which provide 
        home care services licensed by the commissioner of health to 
        fewer than seven adults. 
           For purposes of 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. 
           Sec. 2.  Minnesota Statutes 1998, section 245A.03, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [EXCLUDED HOUSING WITH SERVICES PROGRAMS; RIGHT 
        TO SEEK LICENSURE.] Nothing in this section shall prohibit a 
        housing with services program that is excluded from licensure 
        under subdivision 2, clause (25), from seeking a license under 
        this chapter.  The commissioner shall ensure that any 
        application received from such an excluded provider is processed 
        in the same manner as all other applications for licensed adult 
        foster care. 
           Sec. 3.  Minnesota Statutes 1998, section 245A.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BACKGROUND STUDY OF THE APPLICANT; DEFINITIONS.] 
        (a) Before the commissioner issues a license, the commissioner 
        shall conduct a study of the individuals specified in paragraph 
        (c), clauses (1) to (5), according to rules of the commissioner. 
           Beginning January 1, 1997, the commissioner shall also 
        conduct a study of employees providing direct contact services 
        for nonlicensed personal care provider organizations described 
        in paragraph (c), clause (5). 
           The commissioner shall recover the cost of these background 
        studies through a fee of no more than $12 per study charged to 
        the personal care provider organization.  
           Beginning August 1, 1997, the commissioner shall conduct 
        all background studies required under this chapter for adult 
        foster care providers who are licensed by the commissioner of 
        human services and registered under chapter 144D.  The 
        commissioner shall conduct these background studies in 
        accordance with this chapter.  The commissioner shall initiate a 
        pilot project to conduct up to 5,000 background studies under 
        this chapter in programs with joint licensure as home and 
        community-based services and adult foster care for people with 
        developmental disabilities when the license holder does not 
        reside in the foster care residence. 
           (b) Beginning July 1, 1998, the commissioner shall conduct 
        a background study on individuals specified in paragraph (c), 
        clauses (1) to (5), who perform direct contact services in a 
        nursing home or a home care agency licensed under chapter 144A 
        or a boarding care home licensed under sections 144.50 to 
        144.58, when the subject of the study resides outside Minnesota; 
        the study must be at least as comprehensive as that of a 
        Minnesota resident and include a search of information from the 
        criminal justice data communications network in the state where 
        the subject of the study resides. 
           (c) The applicant, license holder, the bureau of criminal 
        apprehension, the commissioner of health and county agencies, 
        after written notice to the individual who is the subject of the 
        study, shall help with the study by giving the commissioner 
        criminal conviction data and reports about the maltreatment of 
        adults substantiated under section 626.557 and the maltreatment 
        of minors in licensed programs substantiated under section 
        626.556.  The individuals to be studied shall include: 
           (1) the applicant; 
           (2) persons over the age of 13 living in the household 
        where the licensed program will be provided; 
           (3) current employees or contractors of the applicant who 
        will have direct contact with persons served by the facility, 
        agency, or program; 
           (4) volunteers or student volunteers who have direct 
        contact with persons served by the program to provide program 
        services, if the contact is not directly supervised by the 
        individuals listed in clause (1) or (3); and 
           (5) any person who, as an individual or as a member of an 
        organization, exclusively offers, provides, or arranges for 
        personal care assistant services under the medical assistance 
        program as authorized under sections 256B.04, subdivision 16, 
        and 256B.0625, subdivision 19. 
           The juvenile courts shall also help with the study by 
        giving the commissioner existing juvenile court records on 
        individuals described in clause (2) relating to delinquency 
        proceedings held within either the five years immediately 
        preceding the application or the five years immediately 
        preceding the individual's 18th birthday, whichever time period 
        is longer.  The commissioner shall destroy juvenile records 
        obtained pursuant to this subdivision when the subject of the 
        records reaches age 23.  
           For purposes of this section and Minnesota Rules, part 
        9543.3070, a finding that a delinquency petition is proven in 
        juvenile court shall be considered a conviction in state 
        district court. 
           For purposes of this subdivision, "direct contact" means 
        providing face-to-face care, training, supervision, counseling, 
        consultation, or medication assistance to persons served by a 
        program.  For purposes of this subdivision, "directly supervised"
        means an individual listed in clause (1), (3), or (5) is within 
        sight or hearing of a volunteer to the extent that the 
        individual listed in clause (1), (3), or (5) is capable at all 
        times of intervening to protect the health and safety of the 
        persons served by the program who have direct contact with the 
        volunteer. 
           A study of an individual in clauses (1) to (5) shall be 
        conducted at least upon application for initial license and 
        reapplication for a license.  The commissioner is not required 
        to conduct a study of an individual at the time of reapplication 
        for a license or if the individual has been continuously 
        affiliated with a foster care provider licensed by the 
        commissioner of human services and registered under chapter 
        144D, other than a family day care or foster care license, if:  
        (i) a study of the individual was conducted either at the time 
        of initial licensure or when the individual became affiliated 
        with the license holder; (ii) the individual has been 
        continuously affiliated with the license holder since the last 
        study was conducted; and (iii) the procedure described in 
        paragraph (d) has been implemented and was in effect 
        continuously since the last study was conducted.  For the 
        purposes of this section, a physician licensed under chapter 147 
        is considered to be continuously affiliated upon the license 
        holder's receipt from the commissioner of health or human 
        services of the physician's background study results.  For 
        individuals who are required to have background studies under 
        clauses (1) to (5) and who have been continuously affiliated 
        with a foster care provider that is licensed in more than one 
        county, criminal conviction data may be shared among those 
        counties in which the foster care programs are licensed.  A 
        county agency's receipt of criminal conviction data from another 
        county agency shall meet the criminal data background study 
        requirements of this section. 
           The commissioner may also conduct studies on individuals 
        specified in clauses (3) and (4) when the studies are initiated 
        by: 
           (i) personnel pool agencies; 
           (ii) temporary personnel agencies; 
           (iii) educational programs that train persons by providing 
        direct contact services in licensed programs; and 
           (iv) professional services agencies that are not licensed 
        and which contract with licensed programs to provide direct 
        contact services or individuals who provide direct contact 
        services. 
           Studies on individuals in items (i) to (iv) must be 
        initiated annually by these agencies, programs, and 
        individuals.  Except for personal care provider organizations, 
        no applicant, license holder, or individual who is the subject 
        of the study shall pay any fees required to conduct the study. 
           (1) At the option of the licensed facility, rather than 
        initiating another background study on an individual required to 
        be studied who has indicated to the licensed facility that a 
        background study by the commissioner was previously completed, 
        the facility may make a request to the commissioner for 
        documentation of the individual's background study status, 
        provided that: 
           (i) the facility makes this request using a form provided 
        by the commissioner; 
           (ii) in making the request the facility informs the 
        commissioner that either: 
           (A) the individual has been continuously affiliated with a 
        licensed facility since the individual's previous background 
        study was completed, or since October 1, 1995, whichever is 
        shorter; or 
           (B) the individual is affiliated only with a personnel pool 
        agency, a temporary personnel agency, an educational program 
        that trains persons by providing direct contact services in 
        licensed programs, or a professional services agency that is not 
        licensed and which contracts with licensed programs to provide 
        direct contact services or individuals who provide direct 
        contact services; and 
           (iii) the facility provides notices to the individual as 
        required in paragraphs (a) to (d), and that the facility is 
        requesting written notification of the individual's background 
        study status from the commissioner.  
           (2) The commissioner shall respond to each request under 
        paragraph (1) with a written or electronic notice to the 
        facility and the study subject.  If the commissioner determines 
        that a background study is necessary, the study shall be 
        completed without further request from a licensed agency or 
        notifications to the study subject.  
           (3) When a background study is being initiated by a 
        licensed facility or a foster care provider that is also 
        registered under chapter 144D, a study subject affiliated with 
        multiple licensed facilities may attach to the background study 
        form a cover letter indicating the additional facilities' names, 
        addresses, and background study identification numbers.  When 
        the commissioner receives such notices, each facility identified 
        by the background study subject shall be notified of the study 
        results.  The background study notice sent to the subsequent 
        agencies shall satisfy those facilities' responsibilities for 
        initiating a background study on that individual. 
           (d) If an individual who is affiliated with a program or 
        facility regulated by the department of human services or 
        department of health or who is affiliated with a nonlicensed 
        personal care provider organization, is convicted of a crime 
        constituting a disqualification under subdivision 3d, the 
        probation officer or corrections agent shall notify the 
        commissioner of the conviction.  The commissioner, in 
        consultation with the commissioner of corrections, shall develop 
        forms and information necessary to implement this paragraph and 
        shall provide the forms and information to the commissioner of 
        corrections for distribution to local probation officers and 
        corrections agents.  The commissioner shall inform individuals 
        subject to a background study that criminal convictions for 
        disqualifying crimes will be reported to the commissioner by the 
        corrections system.  A probation officer, corrections agent, or 
        corrections agency is not civilly or criminally liable for 
        disclosing or failing to disclose the information required by 
        this paragraph.  Upon receipt of disqualifying information, the 
        commissioner shall provide the notifications required in 
        subdivision 3a, as appropriate to agencies on record as having 
        initiated a background study or making a request for 
        documentation of the background study status of the individual.  
        This paragraph does not apply to family day care and child 
        foster care programs. 
           (e) The individual who is the subject of the study must 
        provide the applicant or license holder with sufficient 
        information to ensure an accurate study including the 
        individual's first, middle, and last name; home address, city, 
        county, and state of residence for the past five years; zip 
        code; sex; date of birth; and driver's license number.  The 
        applicant or license holder shall provide this information about 
        an individual in paragraph (c), clauses (1) to (5), on forms 
        prescribed by the commissioner.  By January 1, 2000, for 
        background studies conducted by the department of human 
        services, the commissioner shall implement a system for the 
        electronic transmission of:  (1) background study information to 
        the commissioner; and (2) background study results to the 
        license holder.  The commissioner may request additional 
        information of the individual, which shall be optional for the 
        individual to provide, such as the individual's social security 
        number or race. 
           (f) Except for child foster care, adult foster care, and 
        family day care homes, a study must include information related 
        to names of substantiated perpetrators of maltreatment of 
        vulnerable adults that has been received by the commissioner as 
        required under section 626.557, subdivision 9c, paragraph (i), 
        and the commissioner's records relating to the maltreatment of 
        minors in licensed programs, information from juvenile courts as 
        required in paragraph (c) for persons listed in paragraph (c), 
        clause (2), and information from the bureau of criminal 
        apprehension.  For child foster care, adult foster care, and 
        family day care homes, the study must include information from 
        the county agency's record of substantiated maltreatment of 
        adults, and the maltreatment of minors, information from 
        juvenile courts as required in paragraph (c) for persons listed 
        in paragraph (c), clause (2), and information from the bureau of 
        criminal apprehension.  The commissioner may also review arrest 
        and investigative information from the bureau of criminal 
        apprehension, the commissioner of health, a county attorney, 
        county sheriff, county agency, local chief of police, other 
        states, the courts, or the Federal Bureau of Investigation if 
        the commissioner has reasonable cause to believe the information 
        is pertinent to the disqualification of an individual listed in 
        paragraph (c), clauses (1) to (5).  The commissioner is not 
        required to conduct more than one review of a subject's records 
        from the Federal Bureau of Investigation if a review of the 
        subject's criminal history with the Federal Bureau of 
        Investigation has already been completed by the commissioner and 
        there has been no break in the subject's affiliation with the 
        license holder who initiated the background studies. 
           When the commissioner has reasonable cause to believe that 
        further pertinent information may exist on the subject, the 
        subject shall provide a set of classifiable fingerprints 
        obtained from an authorized law enforcement agency.  For 
        purposes of requiring fingerprints, the commissioner shall be 
        considered to have reasonable cause under, but not limited to, 
        the following circumstances: 
           (1) information from the bureau of criminal apprehension 
        indicates that the subject is a multistate offender; 
           (2) information from the bureau of criminal apprehension 
        indicates that multistate offender status is undetermined; or 
           (3) the commissioner has received a report from the subject 
        or a third party indicating that the subject has a criminal 
        history in a jurisdiction other than Minnesota. 
           (g) An applicant's or license holder's failure or refusal 
        to cooperate with the commissioner is reasonable cause to 
        disqualify a subject, deny a license application or immediately 
        suspend, suspend, or revoke a license.  Failure or refusal of an 
        individual to cooperate with the study is just cause for denying 
        or terminating employment of the individual if the individual's 
        failure or refusal to cooperate could cause the applicant's 
        application to be denied or the license holder's license to be 
        immediately suspended, suspended, or revoked. 
           (h) The commissioner shall not consider an application to 
        be complete until all of the information required to be provided 
        under this subdivision has been received.  
           (i) No person in paragraph (c), clause (1), (2), (3), (4), 
        or (5) who is disqualified as a result of this section may be 
        retained by the agency in a position involving direct contact 
        with persons served by the program. 
           (j) Termination of persons in paragraph (c), clause (1), 
        (2), (3), (4), or (5), made in good faith reliance on a notice 
        of disqualification provided by the commissioner shall not 
        subject the applicant or license holder to civil liability. 
           (k) The commissioner may establish records to fulfill the 
        requirements of this section. 
           (l) The commissioner may not disqualify an individual 
        subject to a study under this section because that person has, 
        or has had, a mental illness as defined in section 245.462, 
        subdivision 20. 
           (m) An individual subject to disqualification under this 
        subdivision has the applicable rights in subdivision 3a, 3b, or 
        3c. 
           (n) For the purposes of background studies completed by 
        tribal organizations performing licensing activities otherwise 
        required of the commissioner under this chapter, after obtaining 
        consent from the background study subject, tribal licensing 
        agencies shall have access to criminal history data in the same 
        manner as county licensing agencies and private licensing 
        agencies under this chapter. 
           Sec. 4.  Minnesota Statutes 1998, section 245A.04, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
        individual who is the subject of the disqualification may 
        request a reconsideration of the disqualification.  
           The individual must submit the request for reconsideration 
        to the commissioner in writing.  A request for reconsideration 
        for an individual who has been sent a notice of disqualification 
        under subdivision 3a, paragraph (b), clause (1) or (2), must be 
        submitted within 30 calendar days of the disqualified 
        individual's receipt of the notice of disqualification.  A 
        request for reconsideration for an individual who has been sent 
        a notice of disqualification under subdivision 3a, paragraph 
        (b), clause (3), must be submitted within 15 calendar days of 
        the disqualified individual's receipt of the notice of 
        disqualification.  Removal of a disqualified individual from 
        direct contact shall be ordered if the individual does not 
        request reconsideration within the prescribed time, and for an 
        individual who submits a timely request for reconsideration, if 
        the disqualification is not set aside.  The individual must 
        present information showing that: 
           (1) the information the commissioner relied upon is 
        incorrect or inaccurate.  If the basis of a reconsideration 
        request is that a maltreatment determination or disposition 
        under section 626.556 or 626.557 is incorrect, and the 
        commissioner has issued a final order in an appeal of that 
        determination or disposition under section 256.045, the 
        commissioner's order is conclusive on the issue of maltreatment; 
        or 
           (2) the subject of the study does not pose a risk of harm 
        to any person served by the applicant or license holder. 
           (b) The commissioner may set aside the disqualification 
        under this section if the commissioner finds that the 
        information the commissioner relied upon is incorrect or the 
        individual does not pose a risk of harm to any person served by 
        the applicant or license holder.  In determining that an 
        individual does not pose a risk of harm, the commissioner shall 
        consider the consequences of the event or events that lead to 
        disqualification, whether there is more than one disqualifying 
        event, the vulnerability of the victim at the time of the event, 
        the time elapsed without a repeat of the same or similar event, 
        documentation of successful completion by the individual studied 
        of training or rehabilitation pertinent to the event, and any 
        other information relevant to reconsideration.  In reviewing a 
        disqualification under this section, the commissioner shall give 
        preeminent weight to the safety of each person to be served by 
        the license holder or applicant over the interests of the 
        license holder or applicant. 
           (c) Unless the information the commissioner relied on in 
        disqualifying an individual is incorrect, the commissioner may 
        not set aside the disqualification of an individual in 
        connection with a license to provide family day care for 
        children, foster care for children in the provider's own home, 
        or foster care or day care services for adults in the provider's 
        own home if: 
           (1) less than ten years have passed since the discharge of 
        the sentence imposed for the offense; and the individual has 
        been convicted of a violation of any offense listed in sections 
        609.20 (manslaughter in the first degree), 609.205 (manslaughter 
        in the second degree), criminal vehicular homicide under 609.21 
        (criminal vehicular homicide and injury), 609.215 (aiding 
        suicide or aiding attempted suicide), felony violations under 
        609.221 to 609.2231 (assault in the first, second, third, or 
        fourth degree), 609.713 (terroristic threats), 609.235 (use of 
        drugs to injure or to facilitate crime), 609.24 (simple 
        robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
        609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
        first or second degree), 609.71 (riot), burglary in the first or 
        second degree under 609.582 (burglary), 609.66 (dangerous 
        weapon), 609.665 (spring guns), 609.67 (machine guns and 
        short-barreled shotguns), 609.749 (harassment; stalking), 
        152.021 or 152.022 (controlled substance crime in the first or 
        second degree), 152.023, subdivision 1, clause (3) or (4), or 
        subdivision 2, clause (4) (controlled substance crime in the 
        third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
        (controlled substance crime in the fourth degree), 609.224, 
        subdivision 2, paragraph (c) (fifth-degree assault by a 
        caregiver against a vulnerable adult), 609.228 (great bodily 
        harm caused by distribution of drugs), 609.23 (mistreatment of 
        persons confined), 609.231 (mistreatment of residents or 
        patients), 609.2325 (criminal abuse of a vulnerable adult), 
        609.233 (criminal neglect of a vulnerable adult), 609.2335 
        (financial exploitation of a vulnerable adult), 609.234 (failure 
        to report), 609.265 (abduction), 609.2664 to 609.2665 
        (manslaughter of an unborn child in the first or second degree), 
        609.267 to 609.2672 (assault of an unborn child in the first, 
        second, or third degree), 609.268 (injury or death of an unborn 
        child in the commission of a crime), 617.293 (disseminating or 
        displaying harmful material to minors), a gross misdemeanor 
        offense under 609.324, subdivision 1 (other prohibited acts), a 
        gross misdemeanor offense under 609.378 (neglect or endangerment 
        of a child), a gross misdemeanor offense under 609.377 
        (malicious punishment of a child), 609.72, subdivision 3 
        (disorderly conduct against a vulnerable adult); or an attempt 
        or conspiracy to commit any of these offenses, as each of these 
        offenses is defined in Minnesota Statutes; or an offense in any 
        other state, the elements of which are substantially similar to 
        the elements of any of the foregoing offenses; 
           (2) regardless of how much time has passed since the 
        discharge of the sentence imposed for the offense, the 
        individual was convicted of a violation of any offense listed in 
        sections 609.185 to 609.195 (murder in the first, second, or 
        third degree), 609.2661 to 609.2663 (murder of an unborn child 
        in the first, second, or third degree), a felony offense under 
        609.377 (malicious punishment of a child), a felony offense 
        under 609.324, subdivision 1 (other prohibited acts), a felony 
        offense under 609.378 (neglect or endangerment of a child), 
        609.322 (solicitation, inducement, and promotion of 
        prostitution), 609.342 to 609.345 (criminal sexual conduct in 
        the first, second, third, or fourth degree), 609.352 
        (solicitation of children to engage in sexual conduct), 617.246 
        (use of minors in a sexual performance), 617.247 (possession of 
        pictorial representations of a minor), 609.365 (incest), a 
        felony offense under sections 609.2242 and 609.2243 (domestic 
        assault), a felony offense of spousal abuse, a felony offense of 
        child abuse or neglect, a felony offense of a crime against 
        children, or an attempt or conspiracy to commit any of these 
        offenses as defined in Minnesota Statutes, or an offense in any 
        other state, the elements of which are substantially similar to 
        any of the foregoing offenses; 
           (3) within the seven years preceding the study, the 
        individual committed an act that constitutes maltreatment of a 
        child under section 626.556, subdivision 10e, and that resulted 
        in substantial bodily harm as defined in section 609.02, 
        subdivision 7a, or substantial mental or emotional harm as 
        supported by competent psychological or psychiatric evidence; or 
           (4) within the seven years preceding the study, the 
        individual was determined under section 626.557 to be the 
        perpetrator of a substantiated incident of maltreatment of a 
        vulnerable adult that resulted in substantial bodily harm as 
        defined in section 609.02, subdivision 7a, or substantial mental 
        or emotional harm as supported by competent psychological or 
        psychiatric evidence. 
           In the case of any ground for disqualification under 
        clauses (1) to (4), if the act was committed by an individual 
        other than the applicant or license holder residing in the 
        applicant's or license holder's home, the applicant or license 
        holder may seek reconsideration when the individual who 
        committed the act no longer resides in the home.  
           The disqualification periods provided under clauses (1), 
        (3), and (4) are the minimum applicable disqualification 
        periods.  The commissioner may determine that an individual 
        should continue to be disqualified from licensure because the 
        license holder or applicant poses a risk of harm to a person 
        served by that individual after the minimum disqualification 
        period has passed. 
           (d) The commissioner shall respond in writing or by 
        electronic transmission to all reconsideration requests for 
        which the basis for the request is that the information relied 
        upon by the commissioner to disqualify is incorrect or 
        inaccurate within 30 working days of receipt of a request and 
        all relevant information.  If the basis for the request is that 
        the individual does not pose a risk of harm, the commissioner 
        shall respond to the request within 15 working days after 
        receiving the request for reconsideration and all relevant 
        information.  If the disqualification is set aside, the 
        commissioner shall notify the applicant or license holder in 
        writing or by electronic transmission of the decision. 
           (e) Except as provided in subdivision 3c, the 
        commissioner's decision to disqualify an individual, including 
        the decision to grant or deny a rescission or set aside a 
        disqualification under this section, is the final administrative 
        agency action and shall not be subject to further review in a 
        contested case under chapter 14 involving a negative licensing 
        appeal taken in response to the disqualification or involving an 
        accuracy and completeness appeal under section 13.04. 
           Sec. 5.  Minnesota Statutes 1999 Supplement, section 
        245A.04, subdivision 3d, is amended to read: 
           Subd. 3d.  [DISQUALIFICATION.] When a background study 
        completed under subdivision 3 shows any of the following:  a 
        conviction of one or more crimes listed in clauses (1) to (4); 
        the individual has admitted to or a preponderance of the 
        evidence indicates the individual has committed an act or acts 
        that meet the definition of any of the crimes listed in clauses 
        (1) to (4); or an administrative determination listed under 
        clause (4), the individual shall be disqualified from any 
        position allowing direct contact with persons receiving services 
        from the license holder: 
           (1) regardless of how much time has passed since the 
        discharge of the sentence imposed for the offense, and unless 
        otherwise specified, regardless of the level of the conviction, 
        the individual was convicted of any of the following offenses:  
        sections 609.185 (murder in the first degree); 609.19 (murder in 
        the second degree); 609.195 (murder in the third degree); 
        609.2661 (murder of an unborn child in the first degree); 
        609.2662 (murder of an unborn child in the second degree); 
        609.2663 (murder of an unborn child in the third degree); 
        609.322 (solicitation, inducement, and promotion of 
        prostitution); 609.342 (criminal sexual conduct in the first 
        degree); 609.343 (criminal sexual conduct in the second degree); 
        609.344 (criminal sexual conduct in the third degree); 609.345 
        (criminal sexual conduct in the fourth degree); 609.352 
        (solicitation of children to engage in sexual conduct); 609.365 
        (incest); felony offense under 609.377 (malicious punishment of 
        a child); a felony offense under 609.378 (neglect or 
        endangerment of a child); a felony offense under 609.324, 
        subdivision 1 (other prohibited acts); 617.246 (use of minors in 
        sexual performance prohibited); 617.247 (possession of pictorial 
        representations of minors); a felony offense under sections 
        609.2242 and 609.2243 (domestic assault), a felony offense of 
        spousal abuse, a felony offense of child abuse or neglect, a 
        felony offense of a crime against children; or attempt or 
        conspiracy to commit any of these offenses as defined in 
        Minnesota Statutes, or an offense in any other state or country, 
        where the elements are substantially similar to any of the 
        offenses listed in this clause; 
           (2) if less than 15 years have passed since the discharge 
        of the sentence imposed for the offense; and the individual has 
        received a felony conviction for a violation of any of these 
        offenses:  sections 609.20 (manslaughter in the first degree); 
        609.205 (manslaughter in the second degree); 609.21 (criminal 
        vehicular homicide and injury); 609.215 (suicide); 609.221 to 
        609.2231 (assault in the first, second, third, or fourth 
        degree); repeat offenses under 609.224 (assault in the fifth 
        degree); repeat offenses under 609.3451 (criminal sexual conduct 
        in the fifth degree); 609.713 (terroristic threats); 609.235 
        (use of drugs to injure or facilitate crime); 609.24 (simple 
        robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 
        609.255 (false imprisonment); 609.561 (arson in the first 
        degree); 609.562 (arson in the second degree); 609.563 (arson in 
        the third degree); repeat offenses under 617.23 (indecent 
        exposure; penalties); repeat offenses under 617.241 (obscene 
        materials and performances; distribution and exhibition 
        prohibited; penalty); 609.71 (riot); 609.66 (dangerous weapons); 
        609.67 (machine guns and short-barreled shotguns); 609.749 
        (harassment; stalking; penalties); 609.228 (great bodily harm 
        caused by distribution of drugs); 609.2325 (criminal abuse of a 
        vulnerable adult); 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); 609.378 (neglect or endangerment of 
        a child); 609.324, subdivision 1 (other prohibited acts); 609.52 
        (theft); 609.2335 (financial exploitation of a vulnerable 
        adult); 609.521 (possession of shoplifting gear); 609.582 
        (burglary); 609.625 (aggravated forgery); 609.63 (forgery); 
        609.631 (check forgery; offering a forged check); 609.635 
        (obtaining signature by false pretense); 609.27 (coercion); 
        609.275 (attempt to coerce); 609.687 (adulteration); 260C.301 
        (grounds for termination of parental rights); and chapter 152 
        (drugs; controlled substance).  An attempt or conspiracy to 
        commit any of these offenses, as each of these offenses is 
        defined in Minnesota Statutes; or an offense in any other state 
        or country, the elements of which are substantially similar to 
        the elements of the offenses in this clause.  If the individual 
        studied is convicted of one of the felonies listed in this 
        clause, but the sentence is a gross misdemeanor or misdemeanor 
        disposition, the lookback period for the conviction is the 
        period applicable to the disposition, that is the period for 
        gross misdemeanors or misdemeanors; 
           (3) if less than ten years have passed since the discharge 
        of the sentence imposed for the offense; and the individual has 
        received a gross misdemeanor conviction for a violation of any 
        of the following offenses:  sections 609.224 (assault in the 
        fifth degree); 609.2242 and 609.2243 (domestic assault); 
        violation of an order for protection under 518B.01, subdivision 
        14; 609.3451 (criminal sexual conduct in the fifth degree); 
        repeat offenses under 609.746 (interference with privacy); 
        repeat offenses under 617.23 (indecent exposure); 617.241 
        (obscene materials and performances); 617.243 (indecent 
        literature, distribution); 617.293 (harmful materials; 
        dissemination and display to minors prohibited); 609.71 (riot); 
        609.66 (dangerous weapons); 609.749 (harassment; stalking; 
        penalties); 609.224, subdivision 2, paragraph (c) (assault in 
        the fifth degree by a caregiver against a vulnerable adult); 
        609.23 (mistreatment of persons confined); 609.231 (mistreatment 
        of residents or patients); 609.2325 (criminal abuse of a 
        vulnerable adult); 609.233 (criminal neglect of a vulnerable 
        adult); 609.2335 (financial exploitation of a vulnerable adult); 
        609.234 (failure to report maltreatment of a vulnerable adult); 
        609.72, subdivision 3 (disorderly conduct against a vulnerable 
        adult); 609.265 (abduction); 609.378 (neglect or endangerment of 
        a child); 609.377 (malicious punishment of a child); 609.324, 
        subdivision 1a (other prohibited acts; minor engaged in 
        prostitution); 609.33 (disorderly house); 609.52 (theft); 
        609.582 (burglary); 609.631 (check forgery; offering a forged 
        check); 609.275 (attempt to coerce); or an attempt or conspiracy 
        to commit any of these offenses, as each of these offenses is 
        defined in Minnesota Statutes; or an offense in any other state 
        or country, the elements of which are substantially similar to 
        the elements of any of the offenses listed in this clause.  If 
        the defendant is convicted of one of the gross misdemeanors 
        listed in this clause, but the sentence is a misdemeanor 
        disposition, the lookback period for the conviction is the 
        period applicable to misdemeanors; or 
           (4) if less than seven years have passed since the 
        discharge of the sentence imposed for the offense; and the 
        individual has received a misdemeanor conviction for a violation 
        of any of the following offenses:  sections 609.224 (assault in 
        the fifth degree); 609.2242 (domestic assault); violation of an 
        order for protection under 518B.01 (Domestic Abuse Act); 
        violation of an order for protection under 609.3232 (protective 
        order authorized; procedures; penalties); 609.746 (interference 
        with privacy); 609.79 (obscene or harassing phone calls); 
        609.795 (letter, telegram, or package; opening; harassment); 
        617.23 (indecent exposure; penalties); 609.2672 (assault of an 
        unborn child in the third degree); 617.293 (harmful materials; 
        dissemination and display to minors prohibited); 609.66 
        (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
        exploitation of a vulnerable adult); 609.234 (failure to report 
        maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
        (coercion); or an attempt or conspiracy to commit any of these 
        offenses, as each of these offenses is defined in Minnesota 
        Statutes; or an offense in any other state or country, the 
        elements of which are substantially similar to the elements of 
        any of the offenses listed in this clause; failure to make 
        required reports under section 626.556, subdivision 3, or 
        626.557, subdivision 3, for incidents in which:  (i) the final 
        disposition under section 626.556 or 626.557 was substantiated 
        maltreatment, and (ii) the maltreatment was recurring or 
        serious; or substantiated serious or recurring maltreatment of a 
        minor under section 626.556 or of a vulnerable adult under 
        section 626.557 for which there is a preponderance of evidence 
        that the maltreatment occurred, and that the subject was 
        responsible for the maltreatment.  For the purposes of this 
        section, serious maltreatment means sexual abuse; maltreatment 
        resulting in death; or maltreatment resulting in serious injury 
        or harm which reasonably requires the care of a physician 
        whether or not the care of a physician was sought; or abuse 
        resulting in serious injury.  For purposes of this section, 
        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 others for which complications are 
        present; irreversible mobility or avulsion of teeth; injuries to 
        the eyeball; ingestion of foreign substances and objects that 
        are harmful; near drowning; and heat exhaustion or sunstroke.  
        For purposes of this section, "care of a physician" is treatment 
        received or ordered by a physician, but does not include 
        diagnostic testing, assessment, or observation.  For the 
        purposes of this section, recurring maltreatment means more than 
        one incident of maltreatment for which there is a preponderance 
        of evidence that the maltreatment occurred, and that the subject 
        was responsible for the maltreatment. 
           Sec. 6.  [INSTRUCTION TO REVISOR.] 
           In the next edition of Minnesota Statutes, the revisor of 
        statutes shall replace any references to "sections 245A.01 to 
        245A.16" in chapter 245A with "this chapter." 
           Sec. 7.  [EFFECTIVE DATES.] 
           Sections 1 to 6 are effective the day following final 
        enactment. 
           Presented to the governor March 31, 2000 
           Signed by the governor April 4, 2000, 3:35 p.m.