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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 292-S.F.No. 2692 
                  An act relating to human services; modifying 
                  requirements for background studies; requiring a 
                  review and report to the legislature on these 
                  requirements; limiting authority of commissioner of 
                  human services to set aside a disqualification; 
                  modifying list of disqualifying crimes; requesting a 
                  study and recommendations regarding methods for 
                  tracking civil actions involving sexual abuse; 
                  amending Minnesota Statutes 2001 Supplement, section 
                  245A.04, subdivisions 3b, 3d. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2001 Supplement, 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.  Upon 
        showing that the information in clause (1) or (2) cannot be 
        obtained within 30 days, the disqualified individual may request 
        additional time, not to exceed 30 days, to obtain that 
        information.  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.  An individual who was determined to 
        have maltreated a child under section 626.556 or a vulnerable 
        adult under section 626.557, and who was disqualified under this 
        section on the basis of serious or recurring maltreatment, may 
        request reconsideration of both the maltreatment and the 
        disqualification determinations.  The request for 
        reconsideration of the maltreatment determination and the 
        disqualification must be submitted within 30 calendar days of 
        the 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 or 245A.08, 
        subdivision 5, the commissioner's order is conclusive on the 
        issue of maltreatment.  If the individual did not request 
        reconsideration of the maltreatment determination, the 
        maltreatment determination is deemed conclusive; or 
           (2) the subject of the study does not pose a risk of harm 
        to any person served by the applicant, license holder, or 
        registrant under section 144A.71, subdivision 1. 
           (b) The commissioner shall rescind the disqualification if 
        the commissioner finds that the information relied on to 
        disqualify the subject is incorrect.  The commissioner may set 
        aside the disqualification under this section if the 
        commissioner finds that the individual does not pose a risk of 
        harm to any person served by the applicant, license holder, or 
        registrant under section 144A.71, subdivision 1.  In determining 
        that an individual does not pose a risk of harm, the 
        commissioner shall consider the nature, severity, and 
        consequences of the event or events that lead to 
        disqualification, whether there is more than one disqualifying 
        event, the age and vulnerability of the victim at the time of 
        the event, the harm suffered by the victim, the similarity 
        between the victim and persons served by the program, 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, applicant, or registrant under section 
        144A.71, subdivision 1, over the interests of the license 
        holder, applicant, or registrant under section 144A.71, 
        subdivision 1. 
           (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), 609.165 (felon ineligible to possess 
        firearm), 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 
        609.223 or 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), 609.498, subdivision 1 
        or 1a (aggravated first degree or first degree tampering with a 
        witness), 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, 
        subdivision 2 (gross misdemeanor 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 felony level 
        conviction involving alcohol or drug use, 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 
        involuntary termination of parental rights under section 
        260C.301 or 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), 609.20 (manslaughter in the 
        first degree), 609.205 (manslaughter in the second degree), 
        609.245 (aggravated robbery), 609.25 (kidnapping), 609.561 
        (arson in the first degree), 609.749, subdivision 3, 4, or 5 
        (felony-level harassment; stalking), 609.228 (great bodily harm 
        caused by distribution of drugs), 609.221 or 609.222 (assault in 
        the first or second degree), 609.66, subdivision 1e (drive-by 
        shooting), 609.855, subdivision 5 (shooting in or at a public 
        transit vehicle or facility), 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, license holder, or registrant under 
        section 144A.71, subdivision 1, residing in the applicant's or 
        license holder's home, or the home of a registrant under section 
        144A.71, subdivision 1, the applicant, license holder, or 
        registrant under section 144A.71, subdivision 1, 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 or 
        registration under section 144A.71, subdivision 1, because the 
        license holder, applicant, or registrant under section 144A.71, 
        subdivision 1, 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 request is based on both the correctness or 
        accuracy of the information relied on to disqualify the 
        individual and the risk of harm, the commissioner shall respond 
        to the request within 45 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, if a 
        disqualification is not set aside or is not rescinded, an 
        individual who was disqualified on the basis of a preponderance 
        of evidence that the individual committed an act or acts that 
        meet the definition of any of the crimes lists in subdivision 
        3d, paragraph (a), clauses (1) to (4); or for failure to make 
        required reports under section 626.556, subdivision 3, or 
        626.557, subdivision 3, pursuant to subdivision 3d, paragraph 
        (a), clause (4), may request a fair hearing under section 
        256.045.  Except as provided under subdivision 3c, the 
        commissioner's final order for an individual under this 
        paragraph is conclusive on the issue of maltreatment and 
        disqualification, including for purposes of subsequent studies 
        conducted under subdivision 3, and is the only administrative 
        appeal of the final agency determination, specifically, 
        including a challenge to the accuracy and completeness of data 
        under section 13.04.  
           (f) Except as provided under subdivision 3c, if an 
        individual was disqualified on the basis of a determination of 
        maltreatment under section 626.556 or 626.557, which was serious 
        or recurring, and the individual has requested reconsideration 
        of the maltreatment determination under section 626.556, 
        subdivision 10i, or 626.557, subdivision 9d, and also requested 
        reconsideration of the disqualification under this subdivision, 
        reconsideration of the maltreatment determination and 
        reconsideration of the disqualification shall be consolidated 
        into a single reconsideration.  For maltreatment and 
        disqualification determinations made by county agencies, the 
        consolidated reconsideration shall be conducted by the county 
        agency.  Except as provided under subdivision 3c, if an 
        individual who was disqualified on the basis of serious or 
        recurring maltreatment requests a fair hearing on the 
        maltreatment determination under section 626.556, subdivision 
        10i, or 626.557, subdivision 9d, the scope of the fair hearing 
        under section 256.045 shall include the maltreatment 
        determination and the disqualification.  Except as provided 
        under subdivision 3c, the commissioner's final order for an 
        individual under this paragraph is conclusive on the issue of 
        maltreatment and disqualification, including for purposes of 
        subsequent studies conducted under subdivision 3, and is the 
        only administrative appeal of the final agency determination, 
        specifically, including a challenge to the accuracy and 
        completeness of data under section 13.04. 
           (g) In the notice from the commissioner that a 
        disqualification has been set aside, the license holder must be 
        informed that information about the nature of the 
        disqualification and which factors under paragraph (b) were the 
        bases of the decision to set aside the disqualification is 
        available to the license holder upon request without consent of 
        the background study subject.  With the written consent of a 
        background study subject, the commissioner may release to the 
        license holder copies of all information related to the 
        background study subject's disqualification and the 
        commissioner's decision to set aside the disqualification as 
        specified in the written consent. 
           Sec. 2.  Minnesota Statutes 2001 Supplement, section 
        245A.04, subdivision 3d, is amended to read: 
           Subd. 3d.  [DISQUALIFICATION.] (a) Upon receipt of 
        information showing, or 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 
        investigation results in 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, entity identified in subdivision 3, 
        paragraph (a), or registrant under section 144A.71, subdivision 
        1, and for individuals studied under section 245A.04, 
        subdivision 3, paragraph (c), clauses (2), (6), and (7), the 
        individual shall also be disqualified from access to a person 
        receiving services from the license holder: 
           (1) regardless of how much time has passed since the 
        involuntary termination of parental rights under section 
        260C.301 or 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); 609.20 (manslaughter in the first degree); 609.205 
        (manslaughter in the second degree); 609.221 or 609.222 (assault 
        in the first or second degree); 609.228 (great bodily harm 
        caused by distribution of drugs); 609.245 (aggravated robbery); 
        609.25 (kidnapping); 609.561 (arson in the first degree); 
        609.749, subdivision 3, 4, or 5 (felony-level harassment; 
        stalking); 609.66, subdivision 1e (drive-by shooting); 609.855, 
        subdivision 5 (shooting at or in a public transit vehicle or 
        facility); 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); 609.165 (felon ineligible to 
        possess firearm); 609.215 (suicide); 609.221 to 609.223 or 
        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); 609.498, subdivision 1 or 1a (aggravated 
        first degree or first degree tampering with a witness); 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); 609.52 (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); chapter 
        152 (drugs; controlled substance); and a felony level conviction 
        involving alcohol or drug use.  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, subdivision 2 (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; a determination or 
        disposition of 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 a determination or 
        disposition of 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 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.  For purposes of this section, "access" 
        means physical access to an individual receiving services or the 
        individual's personal property without continuous, direct 
        supervision as defined in section 245A.04, subdivision 3.  
           (b) Except for background studies related to child foster 
        care, adult foster care, or family child care licensure, when 
        the subject of a background study is regulated by a 
        health-related licensing board as defined in chapter 214, and 
        the regulated person has been determined to have been 
        responsible for substantiated maltreatment under section 626.556 
        or 626.557, instead of the commissioner making a decision 
        regarding disqualification, the board shall make a determination 
        whether to impose disciplinary or corrective action under 
        chapter 214. 
           (1) The commissioner shall notify the health-related 
        licensing board: 
           (i) upon completion of a background study that produces a 
        record showing that the individual was determined to have been 
        responsible for substantiated maltreatment; 
           (ii) upon the commissioner's completion of an investigation 
        that determined the individual was responsible for substantiated 
        maltreatment; or 
           (iii) upon receipt from another agency of a finding of 
        substantiated maltreatment for which the individual was 
        responsible. 
           (2) The commissioner's notice shall indicate whether the 
        individual would have been disqualified by the commissioner for 
        the substantiated maltreatment if the individual were not 
        regulated by the board.  The commissioner shall concurrently 
        send this notice to the individual. 
           (3) Notwithstanding the exclusion from this subdivision for 
        individuals who provide child foster care, adult foster care, or 
        family child care, when the commissioner or a local agency has 
        reason to believe that the direct contact services provided by 
        the individual may fall within the jurisdiction of a 
        health-related licensing board, a referral shall be made to the 
        board as provided in this section. 
           (4) If, upon review of the information provided by the 
        commissioner, a health-related licensing board informs the 
        commissioner that the board does not have jurisdiction to take 
        disciplinary or corrective action, the commissioner shall make 
        the appropriate disqualification decision regarding the 
        individual as otherwise provided in this chapter. 
           (5) The commissioner has the authority to monitor the 
        facility's compliance with any requirements that the 
        health-related licensing board places on regulated persons 
        practicing in a facility either during the period pending a 
        final decision on a disciplinary or corrective action or as a 
        result of a disciplinary or corrective action.  The commissioner 
        has the authority to order the immediate removal of a regulated 
        person from direct contact or access when a board issues an 
        order of temporary suspension based on a determination that the 
        regulated person poses an immediate risk of harm to persons 
        receiving services in a licensed facility. 
           (6) A facility that allows a regulated person to provide 
        direct contact services while not complying with the 
        requirements imposed by the health-related licensing board is 
        subject to action by the commissioner as specified under 
        sections 245A.06 and 245A.07. 
           (7) The commissioner shall notify a health-related 
        licensing board immediately upon receipt of knowledge of 
        noncompliance with requirements placed on a facility or upon a 
        person regulated by the board. 
           Sec. 3.  [BACKGROUND STUDY PROCESS AND VULNERABLE ADULT ACT 
        REVIEW.] 
           The commissioner of human services shall consult with the 
        commissioners of health and corrections, the attorney general, 
        and stakeholder groups involved with vulnerable adult 
        maltreatment investigations under Minnesota Statutes, section 
        626.557, and the background studies completed under Minnesota 
        Statutes, section 245A.04, and inform the legislature about the 
        issues reported to be most in need of a policy review by the 
        legislature. 
           Stakeholders consulted must include representatives of 
        provider groups for programs licensed by the commissioners of 
        health, human services, and corrections; unions; the ombudsman 
        for mental health and mental retardation; and consumer advocacy 
        groups. 
           The review shall include a report on available data 
        regarding the background study set-aside and variance processes 
        and the resulting maltreatment findings against people with 
        criminal histories who have been allowed by a state agency to 
        provide services to children and vulnerable adults. 
           The review shall also include a report on the data 
        regarding maltreatment investigations, rates of substantiation 
        of maltreatment, appeals of findings, and appeal results. 
           The review shall also examine crimes that currently are 
        considered disqualifying crimes and recommend any change to 
        current laws deemed appropriate. 
           The commissioner shall provide this report to the chairs of 
        the senate health and family security committee and the house of 
        representatives health and human services committee by January 
        15, 2003. 
           Sec. 4.  [TRACKING OF CIVIL ACTIONS INVOLVING SEXUAL 
        ABUSE.] 
           The supreme court is requested to study and make 
        recommendations regarding methods for tracking the filing and 
        status of civil actions for damages resulting from sexual abuse, 
        for purposes of identifying individuals who may be disqualified 
        from human services licensing under Minnesota Statutes, chapter 
        245A.  The supreme court is requested to report back to the 
        legislature by July 15, 2003, with the results of its study and 
        recommendations for implementation of a tracking system. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:32 p.m.