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2003 Minnesota Session Laws

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                             CHAPTER 15-S.F.No. 790 
                  An act relating to human services; recodifying and 
                  reorganizing the background study provisions in the 
                  Human Services Licensing Act; making conforming 
                  changes; amending Minnesota Statutes 2002, sections 
                  245A.04, subdivisions 1, 3, 3a, 3b, 3c, 3d, 3e, 3f; 
                  245A.041; proposing coding for new law as Minnesota 
                  Statutes, chapter 245C. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                               BACKGROUND STUDIES
           Section 1.  [245C.01] [TITLE.] 
           This chapter may be cited as the "Department of Human 
        Services Background Studies Act." 
           Sec. 2.  [245C.02] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] The definitions in this section 
        apply to this chapter. 
           Subd. 2.  [ACCESS TO PERSONS SERVED BY A PROGRAM.] "Access 
        to persons served by a program" means physical access to persons 
        receiving services or the persons' personal property without 
        continuous, direct supervision, as defined in subdivision 8. 
           Subd. 3.  [ANNUAL OR ANNUALLY.] "Annual" or "annually" has 
        the meaning given in section 245A.02, subdivision 2b. 
           Subd. 4.  [APPLICANT.] "Applicant" has the meaning given in 
        section 245A.02, subdivision 3. 
           Subd. 5.  [BACKGROUND STUDY.] "Background study" means the 
        review of records conducted by the commissioner to determine 
        whether a subject is disqualified from direct contact with 
        persons served by a program and, where specifically provided in 
        statutes, whether a subject is disqualified from having access 
        to persons served by a program. 
           Subd. 6.  [CHILD.] "Child" has the meaning given in section 
        245A.02, subdivision 4. 
           Subd. 7.  [COMMISSIONER.] "Commissioner" has the meaning 
        given in section 245A.02, subdivision 5. 
           Subd. 8.  [CONTINUOUS, DIRECT SUPERVISION.] "Continuous, 
        direct supervision" means an individual is within sight or 
        hearing of the program's supervising individual to the extent 
        that the program's supervising individual is capable at all 
        times of intervening to protect the health and safety of the 
        persons served by the program. 
           Subd. 9.  [CONTRACTOR.] "Contractor" means any individual, 
        regardless of employer, who is providing program services for 
        hire under the control of the provider. 
           Subd. 10.  [COUNTY AGENCY.] "County agency" has the meaning 
        given in section 245A.02, subdivision 6. 
           Subd. 11.  [DIRECT CONTACT.] "Direct contact" means 
        providing face-to-face care, training, supervision, counseling, 
        consultation, or medication assistance to persons served by the 
        program. 
           Subd. 12.  [LICENSE.] "License" has the meaning given in 
        section 245A.02, subdivision 8. 
           Subd. 13.  [LICENSE HOLDER.] "License holder" has the 
        meaning given in section 245A.02, subdivision 9. 
           Subd. 14.  [PERSON.] "Person" means a child as defined in 
        subdivision 6 or an adult as defined in section 245A.02, 
        subdivision 2. 
           Subd. 15.  [REASONABLE CAUSE.] "Reasonable cause" means 
        information or circumstances exist which provide the 
        commissioner with articulable suspicion that further pertinent 
        information may exist concerning a subject.  The commissioner 
        has reasonable cause when, but not limited to, the commissioner 
        has received a report from the subject, the license holder, or a 
        third party indicating that the subject has a history that would 
        disqualify the individual or that may pose a risk to the health 
        or safety of persons receiving services. 
           Subd. 16.  [RECURRING MALTREATMENT.] "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. 
           Subd. 17.  [REGISTRANT.] "Registrant" means an individual 
        who operates a supplemental nursing services agency and who 
        registers the agency with the commissioner of health under 
        section 144A.71, subdivision 1. 
           Subd. 18.  [SERIOUS MALTREATMENT.] (a) "Serious 
        maltreatment" means sexual abuse, maltreatment resulting in 
        death, 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. 
           (b) For purposes of this definition, "care of a physician" 
        is treatment received or ordered by a physician but does not 
        include diagnostic testing, assessment, or observation. 
           (c) For purposes of this definition, "abuse resulting in 
        serious injury" means:  bruises, bites, skin laceration, or 
        tissue damage; fractures; dislocations; evidence of internal 
        injuries; head injuries with loss of consciousness; extensive 
        second-degree or third-degree burns and other burns for which 
        complications are present; extensive second-degree or 
        third-degree frostbite and other frostbite for which 
        complications are present; irreversible mobility or avulsion of 
        teeth; injuries to the eyes; ingestion of foreign substances and 
        objects that are harmful; near drowning; and heat exhaustion or 
        sunstroke. 
           Subd. 19.  [SUBJECT OF A BACKGROUND STUDY.] "Subject of a 
        background study" means an individual on whom a background study 
        is required or completed. 
           Sec. 3.  [245C.03] [BACKGROUND STUDY; INDIVIDUALS TO BE 
        STUDIED.] 
           Subdivision 1.  [LICENSED PROGRAMS.] The commissioner shall 
        conduct a background study on: 
           (1) the applicant; 
           (2) an individual age 13 and over 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 will have direct 
        contact with persons served by the program to provide program 
        services if the contact is not under the continuous, direct 
        supervision by an individual listed in clause (1) or (3); 
           (5) an individual age ten to 12 living in the household 
        where the licensed services will be provided when the 
        commissioner has reasonable cause; and 
           (6) an individual who, without providing direct contact 
        services at a licensed program, may have unsupervised access to 
        children or vulnerable adults receiving services from a program 
        licensed to provide: 
           (i) family child care for children; 
           (ii) foster care for children in the provider's own home; 
        or 
           (iii) foster care or day care services for adults in the 
        provider's own home. 
        The commissioner must have reasonable cause to study an 
        individual under this clause. 
           Subd. 2.  [PERSONAL CARE PROVIDER ORGANIZATIONS.] The 
        commissioner shall conduct background studies on any individual 
        required under section 256B.0627 to have a background study 
        completed under this chapter. 
           Subd. 3.  [SUPPLEMENTAL NURSING SERVICES AGENCIES.] The 
        commissioner shall conduct all background studies required under 
        this chapter and initiated by supplemental nursing services 
        agencies registered under section 144A.71, subdivision 1. 
           Subd. 4.  [PERSONNEL AGENCIES; EDUCATIONAL PROGRAMS; 
        PROFESSIONAL SERVICES AGENCIES.] The commissioner also may 
        conduct studies on individuals specified in subdivision 1, 
        clauses (3) and (4), when the studies are initiated by: 
           (1) personnel pool agencies; 
           (2) temporary personnel agencies; 
           (3) educational programs that train individuals by 
        providing direct contact services in licensed programs; and 
           (4) 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. 
           Sec. 4.  [245C.04] [WHEN BACKGROUND STUDY MUST OCCUR.] 
           Subdivision 1.  [LICENSED PROGRAMS.] (a) The commissioner 
        shall conduct a background study of an individual required to be 
        studied under section 245C.03, subdivision 1, at least upon 
        application for initial license for all license types. 
           (b) The commissioner shall conduct a background study of an 
        individual required to be studied under section 245C.03, 
        subdivision 1, at reapplication for a license for family child 
        care, child foster care, and adult foster care. 
           (c) The commissioner is not required to conduct a study of 
        an individual at the time of reapplication for a license if the 
        individual's background study was completed by the commissioner 
        of human services for an adult foster care license holder that 
        is also: 
           (1) registered under chapter 144D; or 
           (2) licensed to provide home and community-based services 
        to people with disabilities at the foster care location and the 
        license holder does not reside in the foster care residence; and 
           (3) the following conditions are met: 
           (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 last study of the individual was conducted on or 
        after October 1, 1995. 
           (d) Applicants for licensure, license holders, and other 
        entities as provided in this chapter must submit completed 
        background study forms to the commissioner before individuals 
        specified in section 245C.03, subdivision 1, begin positions 
        allowing direct contact in any licensed program. 
           (e) For 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. 
           Subd. 2.  [OTHER STATE AGENCIES.] Applicants and license 
        holders under the jurisdiction of other state agencies who are 
        required in other statutory sections to initiate background 
        studies under this chapter must submit completed background 
        study forms to the commissioner before the background study 
        subject begins in a position allowing direct contact in the 
        licensed program or, where applicable, prior to being employed. 
           Subd. 3.  [PERSONAL CARE PROVIDER ORGANIZATIONS.] (a) The 
        commissioner shall conduct a background study of an individual 
        required to be studied under section 245C.03, subdivision 2, at 
        least upon application for initial enrollment under section 
        256B.0627. 
           (b) Organizations required to initiate background studies 
        under section 256B.0627 for individuals described in section 
        245C.03, subdivision 2, must submit a completed background study 
        form to the commissioner before those individuals begin a 
        position allowing direct contact with persons served by the 
        organization. 
           Subd. 4.  [SUPPLEMENTAL NURSING SERVICES AGENCIES.] (a) The 
        commissioner shall conduct a background study of an individual 
        required to be studied under section 245C.03, subdivision 3, at 
        least upon application for registration under section 144A.71, 
        subdivision 1. 
           (b) Each supplemental nursing services agency must initiate 
        background studies before an individual begins a position 
        allowing direct contact with persons served by the agency and 
        annually thereafter. 
           Subd. 5.  [PERSONNEL AGENCIES; EDUCATIONAL PROGRAMS; 
        PROFESSIONAL SERVICES AGENCIES.] Agencies, programs, and 
        individuals who initiate background studies under section 
        245C.03, subdivision 4, must initiate the studies annually. 
           Sec. 5.  [245C.05] [BACKGROUND STUDY; INFORMATION AND DATA 
        PROVIDED TO COMMISSIONER.] 
           Subdivision 1.  [INDIVIDUAL STUDIED.] The individual who is 
        the subject of the background study must provide the applicant, 
        license holder, or other entity under section 245C.04 with 
        sufficient information to ensure an accurate study, including: 
           (1) the individual's first, middle, and last name and all 
        other names by which the individual has been known; 
           (2) home address, city, county, and state of residence for 
        the past five years; 
           (3) zip code; 
           (4) sex; 
           (5) date of birth; and 
           (6) driver's license number or state identification number. 
           Subd. 2.  [APPLICANT, LICENSE HOLDER, OR OTHER ENTITY.] The 
        applicant, license holder, or other entity under section 245C.04 
        shall provide the information collected under subdivision 1 
        about an individual who is the subject of the background study 
        on forms prescribed by the commissioner. 
           Subd. 3.  [ADDITIONAL INFORMATION FROM INDIVIDUAL STUDIED.] 
        The commissioner may request additional information of the 
        individual, such as the individual's social security number or 
        race.  The individual is not required to provide this 
        information to the commissioner. 
           Subd. 4.  [ELECTRONIC TRANSMISSION.] 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. 
           Subd. 5.  [FINGERPRINTS.] (a) When the commissioner has 
        reasonable cause to believe that further pertinent information 
        may exist on the subject of the background study, the subject 
        shall provide the commissioner with a set of classifiable 
        fingerprints obtained from an authorized law enforcement agency. 
           (b) For purposes of requiring fingerprints, the 
        commissioner has reasonable cause when, but not limited to, the: 
           (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) 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. 
           Subd. 6.  [APPLICANT, LICENSE HOLDER, REGISTRANT, AND 
        AGENCIES.] (a) The applicant, license holder, registrant, bureau 
        of criminal apprehension, commissioner of health, and county 
        agencies 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. 
           (b) If a background study is initiated by an applicant or 
        license holder and the applicant or license holder receives 
        information about the possible criminal or maltreatment history 
        of an individual who is the subject of the background study, the 
        applicant or license holder must immediately provide the 
        information to the commissioner. 
           (c) The program or county or other agency must provide 
        written notice to the individual who is the subject of the 
        background study of the requirements under this subdivision. 
           Subd. 7.  [PROBATION OFFICER AND CORRECTIONS AGENT.] (a) A 
        probation officer or corrections agent shall notify the 
        commissioner of an individual's conviction if the individual is: 
           (1) affiliated with a program or facility regulated by the 
        department of human services or department of health, or any 
        type of home care agency or provider of personal care assistance 
        services; and 
           (2) convicted of a crime constituting a disqualification 
        under section 245C.14. 
           (b) For the purpose of this subdivision, "conviction" has 
        the meaning given it in section 609.02, subdivision 5. 
           (c) The commissioner, in consultation with the commissioner 
        of corrections, shall develop forms and information necessary to 
        implement this subdivision and shall provide the forms and 
        information to the commissioner of corrections for distribution 
        to local probation officers and corrections agents. 
           (d) 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. 
           (e) 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 subdivision.
           (f) Upon receipt of disqualifying information, the 
        commissioner shall provide the notice required under section 
        245C.17, 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. 
           (g) This subdivision does not apply to family child care 
        and child foster care programs. 
           Sec. 6.  [245C.06] [INDIVIDUAL PREVIOUSLY STUDIED.] 
           Subdivision 1.  [FACILITY REQUEST.] 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: 
           (1) the facility makes this request using a form provided 
        by the commissioner; 
           (2) in making the request, the facility informs the 
        commissioner that either: 
           (i) 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 
           (ii) the individual is affiliated only with a personnel 
        pool agency, a temporary personnel agency, an educational 
        program that trains individuals 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 
           (3) the facility provides notices to the individual as 
        required under section 245C.05, subdivision 6, paragraph (c), 
        and that the facility is requesting written notification of the 
        individual's background study status from the commissioner. 
           Subd. 2.  [COMMISSIONER'S RESPONSE.] The commissioner shall 
        respond to each request under subdivision 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 commissioner shall complete the study without further 
        request from a licensed agency or notifications to the study 
        subject. 
           Sec. 7.  [245C.07] [STUDY SUBJECT AFFILIATED WITH MULTIPLE 
        LICENSED FACILITIES.] 
           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 a notice, the commissioner 
        shall notify each facility identified by the background study 
        subject of the study results. 
           The background study notice the commissioner sends to the 
        subsequent agencies shall satisfy those facilities' 
        responsibilities for initiating a background study on that 
        individual. 
           Sec. 8.  [245C.08] [BACKGROUND STUDY; INFORMATION 
        COMMISSIONER REVIEWS.] 
           Subdivision 1.  [BACKGROUND STUDIES CONDUCTED BY THE 
        COMMISSIONER OF HUMAN SERVICES.] For a background study 
        conducted by the commissioner, the commissioner shall review: 
           (1) 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); 
           (2) the commissioner's records relating to the maltreatment 
        of minors in licensed programs; 
           (3) information from juvenile courts as required in 
        subdivision 4 for individuals listed in section 245C.03, 
        subdivision 1, clauses (2), (5), and (6); and 
           (4) information from the bureau of criminal apprehension. 
           Subd. 2.  [BACKGROUND STUDIES CONDUCTED BY A COUNTY OR 
        PRIVATE AGENCY; FOSTER CARE AND FAMILY CHILD CARE.] For a 
        background study conducted by a county or private agency for 
        child foster care, adult foster care, and family child care 
        homes, the commissioner shall review: 
           (1) information from the county agency's record of 
        substantiated maltreatment of adults and the maltreatment of 
        minors; 
           (2) information from juvenile courts as required in 
        subdivision 4 for individuals listed in section 245C.03, 
        subdivision 1, clauses (2), (5), and (6); and 
           (3) information from the bureau of criminal apprehension. 
           Subd. 3.  [ARREST AND INVESTIGATIVE INFORMATION.] (a) If 
        the commissioner has reasonable cause to believe the information 
        is pertinent to the disqualification of an individual listed in 
        section 245C.03, subdivisions 1 and 2, the commissioner also may 
        review arrest and investigative information from: 
           (1) the bureau of criminal apprehension; 
           (2) the commissioner of health; 
           (3) a county attorney; 
           (4) a county sheriff; 
           (5) a county agency; 
           (6) a local chief of police; 
           (7) other states; 
           (8) the courts; or 
           (9) the Federal Bureau of Investigation. 
           (b) 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 
        study. 
           Subd. 4.  [JUVENILE COURT RECORDS.] (a) The commissioner 
        shall review records from the juvenile courts for an individual 
        studied under section 245C.03, subdivision 1, clauses (2) and 
        (5). 
           (b) For individuals studied under section 245C.03, 
        subdivision 1, clauses (1), (3), (4), and (6), and subdivision 
        2, who are ages 13 to 17, the commissioner shall review records 
        from the juvenile courts when the commissioner has reasonable 
        cause. 
           (c) The juvenile courts shall help with the study by giving 
        the commissioner existing juvenile court records on individuals 
        described in section 245C.03, subdivision 1, clauses (2), (5), 
        and (6), relating to delinquency proceedings held within either 
        the five years immediately preceding the background study or the 
        five years immediately preceding the individual's 18th birthday, 
        whichever time period is longer. 
           (d) For purposes of this chapter, a finding that a 
        delinquency petition is proven in juvenile court shall be 
        considered a conviction in state district court. 
           (e) The commissioner shall destroy juvenile records 
        obtained under this subdivision when the subject of the records 
        reaches age 23. 
           Sec. 9.  [245C.09] [FAILURE OR REFUSAL TO COOPERATE WITH 
        BACKGROUND STUDY.] 
           Subdivision 1.  [DISQUALIFICATION; LICENSING ACTION.] An 
        applicant's, license holder's, or registrant's failure or 
        refusal to cooperate with the commissioner is reasonable cause 
        to disqualify a subject, deny a license application, or 
        immediately suspend or revoke a license or registration. 
           Subd. 2.  [EMPLOYMENT ACTION.] An individual's failure or 
        refusal to cooperate with the background 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 or revoked. 
           Sec. 10.  [245C.10] [BACKGROUND STUDY; FEES.] 
           Subdivision 1.  [SUBJECT OF A BACKGROUND STUDY.] No 
        applicant, license holder, or individual who is the subject of a 
        background study shall pay any fees required to conduct the 
        study. 
           Subd. 2.  [SUPPLEMENTAL NURSING SERVICES AGENCIES.] The 
        commissioner shall recover the cost of the background studies 
        initiated by supplemental nursing services agencies registered 
        under section 144A.71, subdivision 1, through a fee of no more 
        than $8 per study charged to the agency.  The fees collected 
        under this subdivision are appropriated to the commissioner for 
        the purpose of conducting background studies. 
           Subd. 3.  [PERSONAL CARE PROVIDER ORGANIZATIONS.] The 
        commissioner shall recover the cost of background studies 
        initiated by a personal care provider organization under section 
        256B.0627 through a fee of no more than $12 per study charged to 
        the organization responsible for submitting the background study 
        form.  The fees collected under this subdivision are 
        appropriated to the commissioner for the purpose of conducting 
        background studies. 
           Sec. 11.  [245C.11] [BACKGROUND STUDY; COUNTY AGENCIES.] 
           Subdivision 1.  [FOSTER CARE; CRIMINAL CONVICTION 
        DATA.] For individuals who are required to have background 
        studies under section 245C.03, subdivisions 1 and 2, 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 chapter. 
           Subd. 2.  [JOINTLY LICENSED PROGRAMS.] A county agency may 
        accept a background study completed by the commissioner under 
        this chapter in place of the background study required under 
        section 245A.16, subdivision 3, 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 and the subject of 
        the study has been continuously affiliated with the license 
        holder since the date of the commissioner's study. 
           Subd. 3.  [CRIMINAL HISTORY DATA.] County agencies shall 
        have access to the criminal history data in the same manner as 
        county licensing agencies under this chapter for purposes of 
        background studies completed by county agencies on legal 
        nonlicensed child care providers to determine eligibility for 
        child care funds under chapter 119B. 
           Sec. 12.  [245C.12] [BACKGROUND STUDY; TRIBAL 
        ORGANIZATIONS.] 
           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. 13.  [245C.13] [PROCESSING THE BACKGROUND STUDY FORM.] 
           Subdivision 1.  [TIMING.] Upon receipt of the background 
        study forms from an applicant, license holder, registrant, 
        agency, organization, program, or entity required to initiate a 
        background study under section 245C.04, the commissioner shall 
        complete the background study and provide the notice required 
        under section 245C.17, subdivision 1, within 15 working days. 
           Subd. 2.  [DIRECT CONTACT PENDING COMPLETION OF BACKGROUND 
        STUDY.] Unless otherwise specified, the subject of a background 
        study may have direct contact with persons served by a program 
        after the background study form is mailed or submitted to the 
        commissioner pending notification of the study results under 
        section 245C.17. 
           Sec. 14.  [245C.14] [DISQUALIFICATION.] 
           Subdivision 1.  [DISQUALIFICATION FROM DIRECT CONTACT.] (a) 
        The commissioner shall disqualify an individual who is the 
        subject of a background study from any position allowing direct 
        contact with persons receiving services from the license holder 
        or entity identified in section 245C.03, upon receipt of 
        information showing, or when a background study completed under 
        this chapter shows any of the following: 
           (1) a conviction of or admission to one or more crimes 
        listed in section 245C.15; 
           (2) 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 section 245C.15; or 
           (3) an investigation results in an administrative 
        determination listed under section 245C.15, subdivision 4, 
        paragraph (b). 
           (b) No individual who is disqualified following a 
        background study under section 245C.03, subdivisions 1 and 2, 
        may be retained in a position involving direct contact with 
        persons served by a program or entity identified in section 
        245C.03, unless the commissioner has provided written notice 
        under section 245C.17 stating that: 
           (1) the individual may remain in direct contact during the 
        period in which the individual may request reconsideration as 
        provided in section 245C.21, subdivision 2; 
           (2) the commissioner has set aside the individual's 
        disqualification for that program or entity identified in 
        section 245C.03, as provided in section 245C.22, subdivision 4; 
        or 
           (3) the license holder has been granted a variance for the 
        disqualified individual under section 245C.30. 
           Subd. 2.  [DISQUALIFICATION FROM ACCESS.] (a) If an 
        individual who is studied under section 245C.03, subdivision 1, 
        clauses (2), (5), and (6), is disqualified from direct contact 
        under subdivision 1, the commissioner shall also disqualify the 
        individual from access to a person receiving services from the 
        license holder. 
           (b) No individual who is disqualified following a 
        background study under section 245C.03, subdivision 1, clauses 
        (2), (5), and (6), or as provided elsewhere in statute who is 
        disqualified as a result of this section, may be allowed access 
        to persons served by the program unless the commissioner has 
        provided written notice under section 245C.17 stating that: 
           (1) the individual may remain in direct contact during the 
        period in which the individual may request reconsideration as 
        provided in section 245C.21, subdivision 2; 
           (2) the commissioner has set aside the individual's 
        disqualification for that licensed program or entity identified 
        in section 245C.03 as provided in section 245C.22, subdivision 
        4; or 
           (3) the license holder has been granted a variance for the 
        disqualified individual under section 245C.30. 
           Sec. 15.  [245C.15] [DISQUALIFYING CRIMES OR CONDUCT.] 
           Subdivision 1.  [PERMANENT DISQUALIFICATION.] (a) An 
        individual is disqualified under section 245C.14 if:  (1) 
        regardless of how much time has passed since the discharge of 
        the sentence imposed for the offense; and (2) unless otherwise 
        specified, regardless of the level of the conviction, the 
        individual is 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); 609.20 
        (manslaughter in the first degree); 609.205 (manslaughter in the 
        second degree); 609.221 or 609.222 (assault in the first or 
        second degree); a felony offense under sections 609.2242 and 
        609.2243 (domestic assault), spousal abuse, child abuse or 
        neglect, or a crime against children; 609.228 (great bodily harm 
        caused by distribution of drugs); 609.245 (aggravated robbery); 
        609.25 (kidnapping); 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); a felony offense under 609.324, subdivision 1 
        (other prohibited acts); 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); a felony offense under 609.377 (malicious punishment 
        of a child); a felony offense under 609.378 (neglect or 
        endangerment of a child); 609.561 (arson in the first degree); 
        609.66, subdivision 1e (drive-by shooting); 609.749, subdivision 
        3, 4, or 5 (felony-level harassment; stalking); 609.855, 
        subdivision 5 (shooting at or in a public transit vehicle or 
        facility); 617.246 (use of minors in sexual performance 
        prohibited); or 617.247 (possession of pictorial representations 
        of minors).  An individual also is disqualified under section 
        245C.14 regardless of how much time has passed since the 
        involuntary termination of the individual's parental rights 
        under section 260C.301. 
           (b) An individual's attempt or conspiracy to commit any of 
        the offenses listed in paragraph (a), as each of these offenses 
        is defined in Minnesota Statutes, permanently disqualifies the 
        individual under section 245C.14. 
           (c) An individual's offense in any other state or country, 
        where the elements of the offense are substantially similar to 
        any of the offenses listed in paragraph (a), permanently 
        disqualifies the individual under section 245C.14. 
           Subd. 2.  [15-YEAR DISQUALIFICATION.] (a) An individual is 
        disqualified under section 245C.14 if:  (1) less than 15 years 
        have passed since the discharge of the sentence imposed for the 
        offense; and (2) the individual has received a felony conviction 
        for a violation of any of the following offenses:  sections 
        260C.301 (grounds for termination of parental rights); 609.165 
        (felon ineligible to possess firearm); 609.21 (criminal 
        vehicular homicide and injury); 609.215 (suicide); 609.223 or 
        609.2231 (assault in the third or fourth degree); repeat 
        offenses under 609.224 (assault in the fifth degree); 609.2325 
        (criminal abuse of a vulnerable adult); 609.2335 (financial 
        exploitation of a vulnerable adult); 609.235 (use of drugs to 
        injure or facilitate crime); 609.24 (simple robbery); 609.255 
        (false imprisonment); 609.2664 (manslaughter of an unborn child 
        in the first degree); 609.2665 (manslaughter of an unborn child 
        in the second degree); 609.267 (assault of an unborn child in 
        the first degree); 609.2671 (assault of an unborn child in the 
        second degree); 609.268 (injury or death of an unborn child in 
        the commission of a crime); 609.27 (coercion); 609.275 (attempt 
        to coerce); repeat offenses under 609.3451 (criminal sexual 
        conduct in the fifth degree); 609.498, subdivision 1 or 1b 
        (aggravated first degree or first degree tampering with a 
        witness); 609.52 (theft); 609.521 (possession of shoplifting 
        gear); 609.562 (arson in the second degree); 609.563 (arson in 
        the third degree); 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); 
        609.66 (dangerous weapons); 609.67 (machine guns and 
        short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 
        609.713 (terroristic threats); repeat offenses under 617.23 
        (indecent exposure; penalties); repeat offenses under 617.241 
        (obscene materials and performances; distribution and exhibition 
        prohibited; penalty); chapter 152 (drugs; controlled substance); 
        or a felony level conviction involving alcohol or drug use. 
           (b) An individual is disqualified under section 245C.14 if 
        less than 15 years has passed since the individual's attempt or 
        conspiracy to commit any of the offenses listed in paragraph 
        (a), as each of these offenses is defined in Minnesota Statutes. 
           (c) An individual is disqualified under section 245C.14 if 
        less than 15 years has passed since the discharge of the 
        sentence imposed for an offense in any other state or country, 
        the elements of which are substantially similar to the elements 
        of the offenses listed in paragraph (a). 
           (d) If the individual studied is convicted of one of the 
        felonies listed in paragraph (a), but the sentence is a gross 
        misdemeanor or misdemeanor disposition, the lookback period for 
        the conviction is the period applicable to the gross misdemeanor 
        or misdemeanor disposition. 
           Subd. 3.  [TEN-YEAR DISQUALIFICATION.] (a) An individual is 
        disqualified under section 245C.14 if:  (1) less than ten years 
        have passed since the discharge of the sentence imposed for the 
        offense; and (2) 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); 609.224, 
        subdivision 2, paragraph (c) (assault in the fifth degree by a 
        caregiver against a vulnerable adult); 609.2242 and 609.2243 
        (domestic assault); 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); 609.265 (abduction); 609.275 (attempt to 
        coerce); 609.324, subdivision 1a (other prohibited acts; minor 
        engaged in prostitution); 609.33 (disorderly house); 609.3451 
        (criminal sexual conduct in the fifth degree); 609.377 
        (malicious punishment of a child); 609.378 (neglect or 
        endangerment of a child); 609.52 (theft); 609.582 (burglary); 
        609.631 (check forgery; offering a forged check); 609.66 
        (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 
        (disorderly conduct against a vulnerable adult); repeat offenses 
        under 609.746 (interference with privacy); 609.749, subdivision 
        2 (harassment; stalking); 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); or violation of 
        an order for protection under 518B.01, subdivision 14. 
           (b) An individual is disqualified under section 245C.14 if 
        less than ten years has passed since the individual's attempt or 
        conspiracy to commit any of the offenses listed in paragraph 
        (a), as each of these offenses is defined in Minnesota Statutes. 
           (c) An individual is disqualified under section 245C.14 if 
        less than ten years has passed since the discharge of the 
        sentence imposed for an offense in any other state or country, 
        the elements of which are substantially similar to the elements 
        of any of the offenses listed in paragraph (a). 
           (d) If the defendant is convicted of one of the gross 
        misdemeanors listed in paragraph (a), but the sentence is a 
        misdemeanor disposition, the lookback period for the conviction 
        is the period applicable to misdemeanors. 
           Subd. 4.  [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 
        is disqualified under section 245C.14 if:  (1) less than seven 
        years have passed since the discharge of the sentence imposed 
        for the offense; and (2) 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); 609.2335 (financial exploitation of 
        a vulnerable adult); 609.234 (failure to report maltreatment of 
        a vulnerable adult); 609.2672 (assault of an unborn child in the 
        third degree); 609.27 (coercion); violation of an order for 
        protection under 609.3232 (protective order authorized; 
        procedures; penalties); 609.52 (theft); 609.66 (dangerous 
        weapons); 609.665 (spring guns); 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); 617.293 (harmful materials; 
        dissemination and display to minors prohibited); or violation of 
        an order for protection under 518B.01 (Domestic Abuse Act). 
           (b) An individual is disqualified under section 245C.14 if 
        less than seven years has passed since a determination or 
        disposition of the individual's: 
           (1) 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 
           (2) substantiated serious or recurring maltreatment of a 
        minor under section 626.556 or of a vulnerable adult under 
        section 626.557 for which:  (i) there is a preponderance of 
        evidence that the maltreatment occurred, and (ii) the subject 
        was responsible for the maltreatment. 
           (c) An individual is disqualified under section 245C.14 if 
        less than seven years has passed since the individual's attempt 
        or conspiracy to commit any of the offenses listed in paragraphs 
        (a) and (b), as each of these offenses is defined in Minnesota 
        Statutes. 
           (d) An individual is disqualified under section 245C.14 if 
        less than seven years has passed since the discharge of the 
        sentence imposed for an offense in any other state or country, 
        the elements of which are substantially similar to the elements 
        of any of the offenses listed in paragraphs (a) and (b). 
           Subd. 5.  [MENTAL ILLNESS.] The commissioner may not 
        disqualify an individual subject to a background study under 
        this chapter because that individual has, or has had, a mental 
        illness as defined in section 245.462, subdivision 20. 
           Sec. 16.  [245C.16] [DISQUALIFIED INDIVIDUAL'S RISK OF 
        HARM.] 
           Subdivision 1.  [DETERMINING IMMEDIATE RISK OF HARM.] (a) 
        If the commissioner determines that the individual studied has a 
        disqualifying characteristic, the commissioner shall review the 
        information immediately available and make a determination as to 
        the subject's immediate risk of harm to persons served by the 
        program where the individual studied will have direct contact. 
           (b) The commissioner shall consider all relevant 
        information available, including the following factors in 
        determining the immediate risk of harm: 
           (1) the recency of the disqualifying characteristic; 
           (2) the recency of discharge from probation for the crimes; 
           (3) the number of disqualifying characteristics; 
           (4) the intrusiveness or violence of the disqualifying 
        characteristic; 
           (5) the vulnerability of the victim involved in the 
        disqualifying characteristic; and 
           (6) the similarity of the victim to the persons served by 
        the program where the individual studied will have direct 
        contact. 
           (c) This section does not apply when the subject of a 
        background study is regulated by a health-related licensing 
        board as defined in chapter 214, and the subject is determined 
        to be responsible for substantiated maltreatment under section 
        626.556 or 626.557. 
           Subd. 2.  [FINDINGS.] (a) After evaluating the information 
        immediately available under subdivision 1, the commissioner may 
        have reason to believe one of the following: 
           (1) the individual poses an imminent risk of harm to 
        persons served by the program where the individual studied will 
        have direct contact; 
           (2) the individual poses a risk of harm requiring 
        continuous, direct supervision while providing direct contact 
        services during the period in which the subject may request a 
        reconsideration; or 
           (3) the individual does not pose an imminent risk of harm 
        or a risk of harm requiring continuous, direct supervision while 
        providing direct contact services during the period in which the 
        subject may request a reconsideration. 
           (b) After determining an individual's risk of harm under 
        this section, the commissioner must notify the subject of the 
        background study and the applicant or license holder as required 
        under section 245C.17. 
           Subd. 3.  [COUNTY AGENCY.] (a) County licensing agencies 
        performing duties under this section may develop an alternative 
        system for determining the subject's immediate risk of harm to 
        persons served by the program, providing the notices under 
        subdivision 2, paragraph (b), and documenting the action taken 
        by the county licensing agency. 
           (b) Each county licensing agency's implementation of the 
        alternative system is subject to approval by the commissioner. 
           (c) Notwithstanding this alternative system, county 
        licensing agencies shall complete the requirements of section 
        245C.17. 
           Sec. 17.  [245C.17] [NOTICE OF BACKGROUND STUDY RESULTS.] 
           Subdivision 1.  [TIME FRAME FOR NOTICE OF STUDY 
        RESULTS.] (a) Within 15 working days after the commissioner's 
        receipt of the background study form, the commissioner shall 
        notify the individual who is the subject of the study in writing 
        or by electronic transmission of the results of the study or 
        that more time is needed to complete the study. 
           (b) Within 15 working days after the commissioner's receipt 
        of the background study form, the commissioner shall notify the 
        applicant, license holder, or registrant in writing or by 
        electronic transmission of the results of the study or that more 
        time is needed to complete the study. 
           Subd. 2.  [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 
        the information in the study indicates the individual is 
        disqualified from direct contact with, or from access to, 
        persons served by the program, the commissioner shall disclose 
        to the individual studied: 
           (1) the information causing disqualification; 
           (2) instructions on how to request a reconsideration of the 
        disqualification; and 
           (3) the commissioner's determination of the individual's 
        risk of harm under section 245C.16. 
           (b) If the commissioner determines under section 245C.16 
        that an individual poses an imminent risk of harm to persons 
        served by the program where the individual will have direct 
        contact, the commissioner's notice must include an explanation 
        of the basis of this determination. 
           (c) If the commissioner determines under section 245C.16 
        that an individual studied does not pose a risk of harm that 
        requires continuous, direct supervision, the commissioner shall 
        only notify the individual of the disqualification. 
           Subd. 3.  [DISQUALIFICATION NOTICE SENT TO APPLICANT, 
        LICENSE HOLDER, OR REGISTRANT.] (a) The commissioner shall 
        notify an applicant, license holder, or registrant who is not 
        the subject of the study: 
           (1) that the commissioner has found information that 
        disqualifies the individual studied from direct contact with, or 
        from access to, persons served by the program; and 
           (2) the commissioner's determination of the individual's 
        risk of harm under section 245C.16. 
           (b) If the commissioner determines under section 245C.16 
        that an individual studied poses an imminent risk of harm to 
        persons served by the program where the individual studied will 
        have direct contact, the commissioner shall order the license 
        holder to immediately remove the individual studied from direct 
        contact. 
           (c) If the commissioner determines under section 245C.16 
        that an individual studied poses a risk of harm that requires 
        continuous, direct supervision, the commissioner shall order the 
        license holder to: 
           (1) immediately remove the individual studied from direct 
        contact services; or 
           (2) assure that the individual studied is under continuous, 
        direct supervision when providing direct contact services during 
        the period in which the individual may request a reconsideration 
        of the disqualification under section 245C.21. 
           (d) If the commissioner determines under section 245C.16 
        that an individual studied does not pose a risk of harm that 
        requires continuous, direct supervision, the commissioner shall 
        send the license holder a notice that more time is needed to 
        complete the individual's background study. 
           (e) The commissioner shall not notify the applicant, 
        license holder, or registrant of the information contained in 
        the subject's background study unless: 
           (1) the basis for the disqualification is failure to 
        cooperate with the background study or substantiated 
        maltreatment under section 626.556 or 626.557; 
           (2) the Data Practices Act under chapter 13 provides for 
        release of the information; or 
           (3) the individual studied authorizes the release of the 
        information. 
           Subd. 4.  [DISQUALIFICATION NOTICE TO FAMILY CHILD CARE OR 
        FOSTER CARE PROVIDER.] For studies on individuals pertaining to 
        a license to provide family child care or group family child 
        care, 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, the commissioner is not required to provide a separate 
        notice of the background study results to the individual who is 
        the subject of the study unless the study results in a 
        disqualification of the individual. 
           Sec. 18.  [245C.18] [OBLIGATION TO REMOVE DISQUALIFIED 
        INDIVIDUAL FROM DIRECT CONTACT.] 
           The license holder must remove a disqualified individual 
        from direct contact with persons served by the licensed program 
        if the individual does not request reconsideration under section 
        245C.21 within the prescribed time, or if the individual submits 
        a timely request for reconsideration, and the commissioner does 
        not set aside the disqualification under section 245C.22, 
        subdivision 4. 
           Sec. 19.  [245C.19] [TERMINATION OF AFFILIATION BASED ON 
        DISQUALIFICATION NOTICE.] 
           An applicant or license holder that terminates affiliation 
        with persons studied under section 245C.03, when the termination 
        is made in good faith reliance on a notice of disqualification 
        provided by the commissioner, shall not be subject to civil 
        liability. 
           Sec. 20.  [245C.20] [LICENSE HOLDER RECORD KEEPING.] 
           When a background study is completed under this chapter, a 
        licensed program shall maintain a notice that the study was 
        undertaken and completed in the program's personnel files. 
           Sec. 21.  [245C.21] [REQUESTING RECONSIDERATION OF 
        DISQUALIFICATION.] 
           Subdivision 1.  [WHO MAY REQUEST RECONSIDERATION.] An 
        individual who is the subject of a disqualification may request 
        a reconsideration of the disqualification.  The individual must 
        submit the request for reconsideration to the commissioner in 
        writing. 
           Subd. 2.  [TIME FRAME FOR REQUESTING RECONSIDERATION OF A 
        DISQUALIFICATION.] (a) When the commissioner sends an individual 
        a notice of disqualification based on a finding under section 
        245C.16, subdivision 2, paragraph (a), clause (1) or (2), the 
        disqualified individual must submit the request for a 
        reconsideration within 30 calendar days of the individual's 
        receipt of the notice of disqualification.  Upon showing that 
        the information under subdivision 3 cannot be obtained within 30 
        days, the disqualified individual may request additional time, 
        not to exceed 30 days, to obtain the information. 
           (b) When the commissioner sends an individual a notice of 
        disqualification based on a finding under section 245C.16, 
        subdivision 2, paragraph (a), clause (3), the disqualified 
        individual must submit the request for reconsideration within 15 
        calendar days of the individual's receipt of the notice of 
        disqualification. 
           (c) An individual who was determined to have maltreated a 
        child under section 626.556 or a vulnerable adult under section 
        626.557, and who is disqualified on the basis of serious or 
        recurring maltreatment, may request a reconsideration of both 
        the maltreatment and the disqualification determinations.  The 
        request must be submitted within 30 calendar days of the 
        individual's receipt of the notice of disqualification. 
           Subd. 3.  [INFORMATION THE DISQUALIFIED INDIVIDUAL MUST 
        PROVIDE TO THE COMMISSIONER WHEN REQUESTING 
        RECONSIDERATION.] The disqualified individual must submit 
        information showing that: 
           (1) the information the commissioner relied upon in 
        determining the underlying conduct that gave rise to the 
        disqualification is incorrect; 
           (2) for maltreatment, the information the commissioner 
        relied upon in determining that maltreatment was serious or 
        recurring is incorrect; or 
           (3) the subject of the study does not pose a risk of harm 
        to any person served by the applicant, license holder, or 
        registrant. 
           Sec. 22.  [245C.22] [REVIEW AND ACTION BY THE COMMISSIONER 
        ON A RECONSIDERATION REQUEST.] 
           Subdivision 1.  [COMMISSIONER'S TIME FRAME FOR RESPONDING 
        TO DISQUALIFICATION RECONSIDERATION REQUESTS.] (a) 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 the commissioner relied 
        upon to disqualify is incorrect or inaccurate within 30 working 
        days of receipt of a request and all relevant information. 
           (b) If the basis for a disqualified individual's 
        reconsideration 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. 
           (c) If the disqualified individual's reconsideration 
        request is based on both the correctness or accuracy of the 
        information the commissioner relied upon to disqualify the 
        individual and the individual's risk of harm, the commissioner 
        shall respond to the request within 45 working days after 
        receiving the request for reconsideration and all relevant 
        information. 
           Subd. 2.  [INCORRECT INFORMATION; RESCISSION.] The 
        commissioner shall rescind the disqualification if the 
        commissioner finds that the information relied upon to 
        disqualify the subject is incorrect. 
           Subd. 3.  [PREEMINENT WEIGHT TO THE SAFETY OF PERSONS BEING 
        SERVED.] In reviewing a request for reconsideration of a 
        disqualification, the commissioner shall give preeminent weight 
        to the safety of each person served by the license holder, 
        applicant, or registrant over the interests of the license 
        holder, applicant, or registrant. 
           Subd. 4.  [RISK OF HARM; SET ASIDE.] (a) The commissioner 
        may set aside the disqualification 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. 
           (b) In determining if the individual does not pose a risk 
        of harm, the commissioner shall consider: 
           (1) the nature, severity, and consequences of the event or 
        events that led to the disqualification; 
           (2) whether there is more than one disqualifying event; 
           (3) the age and vulnerability of the victim at the time of 
        the event; 
           (4) the harm suffered by the victim; 
           (5) the similarity between the victim and persons served by 
        the program; 
           (6) the time elapsed without a repeat of the same or 
        similar event; 
           (7) documentation of successful completion by the 
        individual studied of training or rehabilitation pertinent to 
        the event; and 
           (8) any other information relevant to reconsideration. 
           Sec. 23.  [245C.23] [COMMISSIONER'S RECONSIDERATION 
        NOTICE.] 
           Subdivision 1.  [COMMISSIONER'S NOTICE OF DISQUALIFICATION 
        THAT IS SET ASIDE.] (a) If the commissioner sets aside a 
        disqualification, the commissioner shall notify the applicant or 
        license holder in writing or by electronic transmission of the 
        decision.  In the notice from the commissioner that a 
        disqualification has been set aside, the commissioner must 
        inform the license holder that information about the nature of 
        the disqualification and which factors under section 245C.22, 
        subdivision 4, were the basis of the decision to set aside the 
        disqualification are available to the license holder upon 
        request without the consent of the background study subject. 
           (b) With the written consent of the 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. 
           (c) If the individual studied submits a timely request for 
        reconsideration under section 245C.21, and if the commissioner 
        sets aside the disqualification for that license holder under 
        section 245C.22, the commissioner shall send the license holder 
        the same notification received by license holders in cases where 
        the individual studied has no disqualifying characteristic. 
           Subd. 2.  [COMMISSIONER'S NOTICE OF DISQUALIFICATION THAT 
        IS NOT SET ASIDE.] If the individual studied does not submit a 
        timely request for reconsideration under section 245C.21, or the 
        individual submits a timely request for reconsideration, but the 
        commissioner does not set aside the disqualification for that 
        license holder under section 245C.22, the commissioner shall 
        notify the license holder of the disqualification and order the 
        license holder to immediately remove the individual from any 
        position allowing direct contact with persons receiving services 
        from the license holder. 
           Sec. 24.  [245C.24] [BARS TO SETTING ASIDE A 
        DISQUALIFICATION; FAMILY CHILD CARE AND FOSTER CARE.] 
           Subdivision 1.  [MINIMUM DISQUALIFICATION PERIODS.] The 
        disqualification periods under subdivisions 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 individual continues to 
        pose a risk of harm to persons served by that individual, even 
        after the minimum disqualification period has passed. 
           Subd. 2.  [PERMANENT BAR TO SET ASIDE OF DISQUALIFICATION.] 
        The commissioner may not set aside the disqualification of an 
        individual in connection with a license to provide family child 
        care for children, foster care for children in the provider's 
        home, or foster care or day care services for adults in the 
        provider's home, regardless of how much time has passed, if the 
        provider was disqualified for a crime or conduct listed in 
        section 245C.15, subdivision 1. 
           Subd. 3.  [TEN-YEAR BAR TO SET ASIDE OF 
        DISQUALIFICATION.] (a) The commissioner may not set aside the 
        disqualification of an individual in connection with a license 
        to provide family child care for children, foster care for 
        children in the provider's home, or foster care or day care 
        services for adults in the provider's home if:  (1) less than 
        ten years have passed since the discharge of the sentence 
        imposed for the offense; and (2) the individual has been 
        convicted of a violation of any of the following offenses: 
        sections 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 609.223 or 609.2231 (assault in the 
        third or fourth degree); 609.713 (terroristic threats); 609.235 
        (use of drugs to injure or to facilitate crime); 609.24 (simple 
        robbery); 609.255 (false imprisonment); 609.562 (arson in the 
        second degree); 609.71 (riot); 609.498, subdivision 1 or 1b 
        (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); 609.23 (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); or 609.72, subdivision 3 
        (disorderly conduct against a vulnerable adult). 
           (b) The commissioner may not set aside the disqualification 
        of an individual if less than ten years have passed since the 
        individual's attempt or conspiracy to commit any of the offenses 
        listed in paragraph (a) as each of these offenses is defined in 
        Minnesota Statutes. 
           (c) The commissioner may not set aside the disqualification 
        of an individual if less than ten years have passed since the 
        discharge of the sentence imposed for an offense in any other 
        state or country, the elements of which are substantially 
        similar to the elements of any of the offenses listed in 
        paragraph (a). 
           Subd. 4.  [SEVEN-YEAR BAR TO SET ASIDE 
        DISQUALIFICATION.] The commissioner may not set aside the 
        disqualification of an individual in connection with a license 
        to provide family child care for children, foster care for 
        children in the provider's home, or foster care or day care 
        services for adults in the provider's home if within seven years 
        preceding the study: 
           (1) the individual committed an act that constitutes 
        maltreatment of a child under section 626.556, subdivision 10e, 
        and the maltreatment 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 
           (2) 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. 
           Sec. 25.  [245C.25] [CONSOLIDATED RECONSIDERATION OF 
        MALTREATMENT DETERMINATION AND DISQUALIFICATION.] 
           If an individual is disqualified on the basis of a 
        determination of maltreatment under section 626.556 or 626.557, 
        which was serious or recurring, and the individual requests 
        reconsideration of the maltreatment determination under section 
        626.556, subdivision 10i, or 626.557, subdivision 9d, and also 
        requests reconsideration of the disqualification under section 
        245C.21, the commissioner shall consolidate the reconsideration 
        of the maltreatment determination and the disqualification into 
        a single reconsideration. 
           For maltreatment and disqualification determinations made 
        by county agencies, the county agency shall conduct the 
        consolidated reconsideration.  If the county agency has 
        disqualified an individual on multiple bases, one of which is a 
        county maltreatment determination for which the individual has a 
        right to request reconsideration, the county shall conduct the 
        reconsideration of all disqualifications. 
           Sec. 26.  [245C.26] [RECONSIDERATION OF A DISQUALIFICATION 
        FOR AN INDIVIDUAL LIVING IN A LICENSED HOME.] 
           In the case of any ground for disqualification under this 
        chapter, if the act was committed by an individual other than 
        the applicant, license holder, or registrant residing in the 
        applicant's, license holder's, or registrant's home, the 
        applicant, license holder, or registrant may seek 
        reconsideration when the individual who committed the act no 
        longer resides in the home. 
           Sec. 27.  [245C.27] [FAIR HEARING RIGHTS.] 
           Subdivision 1.  [FAIR HEARING WHEN DISQUALIFICATION IS NOT 
        SET ASIDE.] (a) If the commissioner does not set aside or 
        rescind a disqualification of an individual under section 
        245C.22 who is 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 listed in section 245C.15; 
        or for failure to make required reports under section 626.556, 
        subdivision 3; or 626.557, subdivision 3, pursuant to section 
        245C.15, subdivision 4, paragraph (b), clause (1), the 
        individual may request a fair hearing under section 256.045. 
           (b) The fair hearing is the only administrative appeal of 
        the final agency determination.  The disqualified individual 
        does not have the right to challenge the accuracy and 
        completeness of data under section 13.04. 
           (c) This section does not apply to a public employee's 
        appeal of a disqualification under section 245C.28, subdivision 
        3. 
           Subd. 2.  [CONSOLIDATED FAIR HEARING FOR MALTREATMENT 
        DETERMINATION AND DISQUALIFICATION NOT SET ASIDE.] (a) If an 
        individual who is disqualified on the bases of serious or 
        recurring maltreatment requests a fair hearing on the 
        maltreatment determination under section 626.556, subdivision 
        10i, or 626.557, subdivision 9d, and requests a fair hearing 
        under this section on the disqualification, which has not been 
        set aside or rescinded, the scope of the fair hearing under 
        section 256.045 shall include the maltreatment determination and 
        the disqualification. 
           (b) A fair hearing is the only administrative appeal of the 
        final agency determination.  The disqualified individual does 
        not have the right to challenge the accuracy and completeness of 
        data under section 13.04. 
           (c) This section does not apply to a public employee's 
        appeal of a disqualification under section 245C.28, subdivision 
        3. 
           Sec. 28. [245C.28] [CONTESTED CASE HEARING RIGHTS.] 
           Subdivision 1.  [LICENSE HOLDER.] (a) If a maltreatment 
        determination or a disqualification for which reconsideration 
        was requested and which was not set aside or rescinded is the 
        basis for a denial of a license under section 245A.05 or a 
        licensing sanction under 245A.07, the license holder has the 
        right to a contested case hearing under chapter 14 and Minnesota 
        Rules, parts 1400.8505 to 1400.8612. 
           (b) The license holder must submit the appeal in accordance 
        with section 245A.05 or 245A.07, subdivision 3.  As provided 
        under section 245A.08, subdivision 2a, the scope of the 
        consolidated contested case hearing must include the 
        disqualification and the licensing sanction or denial of a 
        license. 
           (c) If the disqualification was based on a determination of 
        substantiated serious or recurring maltreatment under section 
        626.556 or 626.557, the appeal must be submitted in accordance 
        with sections 245A.07, subdivision 3, and 626.556, subdivision 
        10i, or 626.557, subdivision 9d.  As provided for under section 
        245A.08, subdivision 2a, the scope of the contested case hearing 
        must include the maltreatment determination, the 
        disqualification, and the licensing sanction or denial of a 
        license.  In such cases, a fair hearing must not be conducted 
        under section 256.045. 
           Subd. 2.  [INDIVIDUAL OTHER THAN THE LICENSE HOLDER.] If 
        the basis for the commissioner's denial of a license under 
        section 245A.05 or a licensing sanction under section 245A.07 is 
        a maltreatment determination or disqualification that was not 
        set aside or rescinded under section 245C.22, and the 
        disqualified subject is an individual other than the license 
        holder and upon whom a background study must be conducted under 
        section 245C.03, the hearing of all parties may be consolidated 
        into a single contested case hearing upon consent of all parties 
        and the administrative law judge. 
           Subd. 3.  [EMPLOYEES OF PUBLIC EMPLOYER.] (a) If the 
        commissioner does not set aside the disqualification of an 
        individual who is an employee of an employer, as defined in 
        section 179A.03, subdivision 15, the individual may request a 
        contested case hearing under chapter 14. 
           (b) If the commissioner does not set aside or rescind a 
        disqualification that is based on a maltreatment determination, 
        the scope of the contested case hearing must include the 
        maltreatment determination and the disqualification.  In such 
        cases, a fair hearing must not be conducted under section 
        256.045. 
           (c) Rules adopted under this chapter may not preclude an 
        employee in a contested case hearing for a disqualification from 
        submitting evidence concerning information gathered under this 
        chapter. 
           Subd. 4.  [FINAL AGENCY ORDER.] The commissioner's final 
        order under section 245A.08, subdivision 5, is conclusive on the 
        issue of maltreatment and disqualification, including for 
        purposes of subsequent background studies.  The contested case 
        hearing under this section 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. 
           Sec. 29.  [245C.29] [CONCLUSIVE DETERMINATIONS OR 
        DISPOSITIONS.] 
           Subdivision 1.  [CONCLUSIVE MALTREATMENT DETERMINATION OR 
        DISPOSITION.] Unless otherwise specified in statute, a 
        maltreatment determination or disposition under section 626.556 
        or 626.557 is conclusive, if: 
           (1) the commissioner has issued a final order in an appeal 
        of that determination or disposition under section 245A.08, 
        subdivision 5, or 256.045; 
           (2) the individual did not request reconsideration of the 
        maltreatment determination or disposition under section 626.556 
        or 626.557; or 
           (3) the individual did not request a hearing of the 
        maltreatment determination or disposition under section 256.045. 
           Subd. 2.  [CONCLUSIVE DISQUALIFICATION 
        DETERMINATION.] Unless otherwise specified in statute, a 
        determination that: 
           (1) the information the commissioner relied upon to 
        disqualify an individual under section 245C.14 was correct based 
        on serious or recurring maltreatment; 
           (2) a preponderance of the evidence shows that the 
        individual committed an act or acts that meet the definition of 
        any of the crimes listed in section 245C.15; or 
           (3) the individual failed to make required reports under 
        section 626.556, subdivision 3, or 626.557, subdivision 3, is 
        conclusive if: 
           (i) the commissioner has issued a final order in an appeal 
        of that determination under section 245A.08, subdivision 5, or 
        256.045, or a court has issued a final decision; 
           (ii) the individual did not request reconsideration of the 
        disqualification under section 245C.21; or 
           (iii) the individual did not request a hearing on the 
        disqualification under section 256.045. 
           Sec. 30.  [245C.30] [VARIANCE FOR A DISQUALIFIED 
        INDIVIDUAL.] 
           Subdivision 1.  [LICENSE HOLDER VARIANCE.] (a) When the 
        commissioner has not set aside a background study subject's 
        disqualification, and there are conditions under which the 
        disqualified individual may provide direct contact services or 
        have access to people receiving services that minimize the risk 
        of harm to people receiving services, the commissioner may grant 
        a time-limited variance to a license holder. 
           (b) The variance shall state the reason for the 
        disqualification, the services that may be provided by the 
        disqualified individual, and the conditions with which the 
        license holder or applicant must comply for the variance to 
        remain in effect. 
           Subd. 2.  [DISCLOSURE OF REASON FOR DISQUALIFICATION.] (a) 
        The commissioner may not grant a variance for a disqualified 
        individual unless the applicant or license holder requests the 
        variance and the disqualified individual provides written 
        consent for the commissioner to disclose to the applicant or 
        license holder the reason for the disqualification. 
           (b) This subdivision does not apply to programs licensed to 
        provide family child 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. 
           Subd. 3.  [CONSEQUENCES FOR FAILING TO COMPLY WITH 
        CONDITIONS OF VARIANCE.] When a license holder permits a 
        disqualified individual to provide any services for which the 
        subject is disqualified without complying with the conditions of 
        the variance, the commissioner may terminate the variance 
        effective immediately and subject the license holder to a 
        licensing action under sections 245A.06 and 245A.07. 
           Subd. 4.  [TERMINATION OF A VARIANCE.] The commissioner may 
        terminate a variance for a disqualified individual at any time 
        for cause. 
           Subd. 5.  [FINAL DECISION.] The commissioner's decision to 
        grant or deny a variance is final and not subject to appeal 
        under the provisions of chapter 14. 
           Sec. 31.  [245C.31] [DISQUALIFICATION OF INDIVIDUAL 
        REGULATED BY A HEALTH-RELATED LICENSING BOARD WHEN 
        DISQUALIFICATION BASED ON SUBSTANTIATED MALTREATMENT.] 
           Subdivision 1.  [BOARD DETERMINES DISCIPLINARY OR 
        CORRECTIVE ACTION.] (a) When the subject of a background study 
        is regulated by a health-related licensing board as defined in 
        chapter 214, and the commissioner determines that the regulated 
        individual is 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. 
           (b) This section does not apply to a background study of an 
        individual regulated by a health-related licensing board if the 
        individual's study is related to child foster care, adult foster 
        care, or family child care licensure. 
           Subd. 2.  [COMMISSIONER'S NOTICE TO THE BOARD.] (a) The 
        commissioner shall notify the health-related licensing board: 
           (1) upon completion of a background study that produces a 
        record showing that the individual was determined to have been 
        responsible for substantiated maltreatment; 
           (2) upon the commissioner's completion of an investigation 
        that determined the individual was responsible for substantiated 
        maltreatment; or 
           (3) upon receipt from another agency of a finding of 
        substantiated maltreatment for which the individual was 
        responsible. 
           (b) The commissioner's notice to the health-related 
        licensing board shall indicate whether the commissioner would 
        have disqualified the individual for the substantiated 
        maltreatment if the individual were not regulated by the board. 
           (c) The commissioner shall concurrently send the notice 
        under this subdivision to the individual who is the subject of 
        the background study. 
           Subd. 3.  [COMMISSIONER'S OR LOCAL AGENCY'S REFERRAL TO 
        BOARD.] (a) When the commissioner or a local agency has reason 
        to believe that the direct contact services provided by an 
        individual may fall within the jurisdiction of a health-related 
        licensing board, the commissioner or local agency shall refer 
        the matter to the board as provided in this section. 
           (b) 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. 
           Subd. 4.  [FACILITY MONITORING.] (a) The commissioner has 
        the authority to monitor the facility's compliance with any 
        requirements that the health-related licensing board places on 
        regulated individuals 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 individual from direct contact or access 
        when a board issues an order of temporary suspension based on a 
        determination that the regulated individual poses an immediate 
        risk of harm to persons receiving services in a licensed 
        facility. 
           (b) A facility that allows a regulated individual 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. 
           (c) The commissioner shall notify a health-related 
        licensing board immediately upon receipt of knowledge of a 
        facility's or individual's noncompliance with requirements the 
        board placed on a facility or upon an individual regulated by 
        the board. 
           Sec. 32.  [245C.32] [SYSTEMS AND RECORDS.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner may 
        establish systems and records to fulfill the requirements of 
        this chapter. 
           Subd. 2.  [USE.] (a) The commissioner may also use these 
        systems and records to obtain and provide criminal history data 
        from the bureau of criminal apprehension and data about 
        substantiated maltreatment under section 626.556 or 626.557, for 
        other purposes, provided that: 
           (1) the background study is specifically authorized in 
        statute; or 
           (2) the request is made with the informed consent of the 
        subject of the study as provided in section 13.05, subdivision 4.
           (b) An individual making a request under paragraph (a), 
        clause (2), must agree in writing not to disclose the data to 
        any other individual without the consent of the subject of the 
        data. 
           (c) The commissioner may recover the cost of obtaining and 
        providing background study data by charging the individual 
        requesting the study a fee of no more than $12 per study.  The 
        fees collected under this paragraph are appropriated to the 
        commissioner for the purpose of conducting background studies. 
           Subd. 3.  [NATIONAL RECORDS SEARCH.] (a) When specifically 
        required by statute, the commissioner shall also obtain criminal 
        history data from the National Criminal Records Repository. 
           (b) To obtain criminal history data from the National 
        Criminal Records Repository, the commissioner shall require 
        classifiable fingerprints of the data subject and must submit 
        these fingerprint requests through the bureau of criminal 
        apprehension. 
           (c) The commissioner may require the background study 
        subject to submit fingerprint images electronically.  The 
        commissioner may not require electronic fingerprint images until 
        the electronic recording and transfer system is available for 
        noncriminal justice purposes and the necessary equipment is in 
        use in the law enforcement agency in the background study 
        subject's local community. 
           (d) The commissioner may recover the cost of obtaining and 
        providing criminal history data from the National Criminal 
        Records Repository by charging the individual requesting the 
        study a fee of no more than $30 per study.  The fees collected 
        under this subdivision are appropriated to the commissioner for 
        the purpose of obtaining criminal history data from the National 
        Criminal Records Repository. 
           Sec. 33.  [REVISOR'S INSTRUCTION.] 
           (a) The revisor of statutes shall correct internal 
        cross-references to sections that are now in Minnesota Statutes, 
        chapter 245C, throughout Minnesota Statutes and Minnesota Rules. 
           (b) If a provision of a section of Minnesota Statutes 
        amended or recodified by this act is amended by the 2003 regular 
        legislative session or 2003 special legislative session, if any, 
        the revisor shall codify the amendment consistent with the 
        recodification of the affected section by this act, 
        notwithstanding any law to the contrary.  In sections affected 
        by this instruction, the revisor may make changes necessary to 
        correct the punctuation, grammar, or structure of the remaining 
        text and preserve its meaning. 
           Sec. 34.  [EFFECTIVE DATE.] 
           Sections 1 to 33 are effective the day following final 
        enactment. 

                                   ARTICLE 2 
                             CONFORMING AMENDMENTS 
           Section 1.  Minnesota Statutes 2002, section 245A.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION FOR LICENSURE.] (a) An 
        individual, corporation, partnership, voluntary association, 
        other organization or controlling individual that is subject to 
        licensure under section 245A.03 must apply for a license.  The 
        application must be made on the forms and in the manner 
        prescribed by the commissioner.  The commissioner shall provide 
        the applicant with instruction in completing the application and 
        provide information about the rules and requirements of other 
        state agencies that affect the applicant.  
           The commissioner shall act on the application within 90 
        working days after a complete application and any required 
        reports have been received from other state agencies or 
        departments, counties, municipalities, or other political 
        subdivisions.  The commissioner shall not consider an 
        application to be complete until the commissioner receives all 
        of the information required under section 245C.05. 
           (b) An application for licensure must specify one or more 
        controlling individuals as an agent who is responsible for 
        dealing with the commissioner of human services on all matters 
        provided for in this chapter and on whom service of all notices 
        and orders must be made.  The agent must be authorized to accept 
        service on behalf of all of the controlling individuals of the 
        program.  Service on the agent is service on all of the 
        controlling individuals of the program.  It is not a defense to 
        any action arising under this chapter that service was not made 
        on each controlling individual of the program.  The designation 
        of one or more controlling individuals as agents under this 
        paragraph does not affect the legal responsibility of any other 
        controlling individual under this chapter. 
           Sec. 2.  Minnesota Statutes 2002, section 245A.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BACKGROUND STUDY OF THE APPLICANT; 
        DEFINITIONS.] (a) Individuals and organizations that are 
        required in statute under section 245C.03 to have or initiate 
        background studies under this section shall comply with the 
        following requirements: in chapter 245C. 
           (1) Applicants for licensure, license holders, and other 
        entities as provided in this section must submit completed 
        background study forms to the commissioner before individuals 
        specified in paragraph (c), clauses (1) to (4), (6), and (7), 
        begin positions allowing direct contact in any licensed program. 
           (2) Applicants and license holders under the jurisdiction 
        of other state agencies who are required in other statutory 
        sections to initiate background studies under this section must 
        submit completed background study forms to the commissioner 
        prior to the background study subject beginning in a position 
        allowing direct contact in the licensed program, or where 
        applicable, prior to being employed. 
           (3) Organizations required to initiate background studies 
        under section 256B.0627 for individuals described in paragraph 
        (c), clause (5), must submit a completed background study form 
        to the commissioner before those individuals begin a position 
        allowing direct contact with persons served by the 
        organization.  The commissioner shall recover the cost of these 
        background studies through a fee of no more than $12 per study 
        charged to the organization responsible for submitting the 
        background study form.  The fees collected under this paragraph 
        are appropriated to the commissioner for the purpose of 
        conducting background studies.  
           Upon receipt of the background study forms from the 
        entities in clauses (1) to (3), the commissioner shall complete 
        the background study as specified under this section and provide 
        notices required in subdivision 3a.  Unless otherwise specified, 
        the subject of a background study may have direct contact with 
        persons served by a program after the background study form is 
        mailed or submitted to the commissioner pending notification of 
        the study results under subdivision 3a.  A county agency may 
        accept a background study completed by the commissioner under 
        this section in place of the background study required under 
        section 245A.16, subdivision 3, 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 and the subject of 
        the study has been continuously affiliated with the license 
        holder since the date of the commissioner's study. 
           (b) The definitions in this paragraph apply only to 
        subdivisions 3 to 3e. 
           (1) "Background study" means the review of records 
        conducted by the commissioner to determine whether a subject is 
        disqualified from direct contact with persons served by a 
        program, and where specifically provided in statutes, whether a 
        subject is disqualified from having access to persons served by 
        a program. 
           (2) "Continuous, direct supervision" means an individual is 
        within sight or hearing of the supervising person to the extent 
        that supervising person is capable at all times of intervening 
        to protect the health and safety of the persons served by the 
        program. 
           (3) "Contractor" means any person, regardless of employer, 
        who is providing program services for hire under the control of 
        the provider. 
           (4) "Direct contact" means providing face-to-face care, 
        training, supervision, counseling, consultation, or medication 
        assistance to persons served by the program. 
           (5) "Reasonable cause" means information or circumstances 
        exist which provide the commissioner with articulable suspicion 
        that further pertinent information may exist concerning a 
        subject.  The commissioner has reasonable cause when, but not 
        limited to, the commissioner has received a report from the 
        subject, the license holder, or a third party indicating that 
        the subject has a history that would disqualify the person or 
        that may pose a risk to the health or safety of persons 
        receiving services. 
           (6) "Subject of a background study" means an individual on 
        whom a background study is required or completed. 
           (c) The applicant, license holder, registrant under section 
        144A.71, subdivision 1, bureau of criminal apprehension, 
        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.  If a background study is initiated by an applicant or 
        license holder and the applicant or license holder receives 
        information about the possible criminal or maltreatment history 
        of an individual who is the subject of the background study, the 
        applicant or license holder must immediately provide the 
        information to the commissioner.  The individuals to be studied 
        shall include: 
           (1) the applicant; 
           (2) persons age 13 and over 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 under the continuous, direct 
        supervision by an individual listed in clause (1) or (3); 
           (5) any person required under section 256B.0627 to have a 
        background study completed under this section; 
           (6) persons ages 10 to 12 living in the household where the 
        licensed services will be provided when the commissioner has 
        reasonable cause; and 
           (7) persons who, without providing direct contact services 
        at a licensed program, may have unsupervised access to children 
        or vulnerable adults receiving services from the program 
        licensed to provide family child 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 when the 
        commissioner has reasonable cause. 
           (d) According to paragraph (c), clauses (2) and (6), the 
        commissioner shall review records from the juvenile courts.  For 
        persons under paragraph (c), clauses (1), (3), (4), (5), and 
        (7), who are ages 13 to 17, the commissioner shall review 
        records from the juvenile courts when the commissioner has 
        reasonable cause.  The juvenile courts shall help with the study 
        by giving the commissioner existing juvenile court records on 
        individuals described in paragraph (c), clauses (2), (6), and 
        (7), relating to delinquency proceedings held within either the 
        five years immediately preceding the background study 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. 
           (e) Beginning August 1, 2001, the commissioner shall 
        conduct all background studies required under this chapter and 
        initiated by supplemental nursing services agencies registered 
        under section 144A.71, subdivision 1.  Studies for the agencies 
        must be initiated annually by each agency.  The commissioner 
        shall conduct the background studies according to this chapter.  
        The commissioner shall recover the cost of the background 
        studies through a fee of no more than $8 per study, charged to 
        the supplemental nursing services agency.  The fees collected 
        under this paragraph are appropriated to the commissioner for 
        the purpose of conducting background studies. 
           (f) For purposes of this section, a finding that a 
        delinquency petition is proven in juvenile court shall be 
        considered a conviction in state district court. 
           (g) A study of an individual in paragraph (c), clauses (1) 
        to (7), shall be conducted at least upon application for initial 
        license for all license types or registration under section 
        144A.71, subdivision 1, and at reapplication for a license for 
        family child care, child foster care, and adult foster care.  
        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 (j) 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 
        paragraph (c) 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. 
           (h) The commissioner may also conduct studies on 
        individuals specified in paragraph (c), 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. 
           (i) Studies on individuals in paragraph (h), items (i) to 
        (iv), must be initiated annually by these agencies, programs, 
        and individuals.  Except as provided in paragraph (a), clause 
        (3), 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 (j), 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. 
           (j) 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 any type of home 
        care agency or provider of personal care assistance services, is 
        convicted of a crime constituting a disqualification under 
        subdivision 3d, the probation officer or corrections agent shall 
        notify the commissioner of the conviction.  For the purpose of 
        this paragraph, "conviction" has the meaning given it in section 
        609.02, subdivision 5.  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. 
           (k) 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 and all other names by 
        which the individual has been known; home address, city, county, 
        and state of residence for the past five years; zip code; sex; 
        date of birth; and driver's license number or state 
        identification number.  The applicant or license holder shall 
        provide this information about an individual in paragraph (c), 
        clauses (1) to (7), 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. 
           (l) For programs directly licensed by the commissioner, 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), clauses (2), (6), and (7), 
        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), 
        clauses (2), (6), and (7), 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 (7).  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 study. 
           (m) 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. 
           (n) The failure or refusal of an applicant, license holder, 
        or registrant under section 144A.71, subdivision 1, to cooperate 
        with the commissioner is reasonable cause to disqualify a 
        subject, deny a license application or immediately suspend, 
        suspend, or revoke a license or registration.  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. 
           (o) 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.  
           (p) No person in paragraph (c), clauses (1) to (7), 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 and no person in paragraph (c), clauses 
        (2), (6), and (7), or as provided elsewhere in statute who is 
        disqualified as a result of this section may be allowed access 
        to persons served by the program, unless the commissioner has 
        provided written notice to the agency stating that: 
           (1) the individual may remain in direct contact during the 
        period in which the individual may request reconsideration as 
        provided in subdivision 3a, paragraph (b), clause (2) or (3); 
           (2) the individual's disqualification has been set aside 
        for that agency as provided in subdivision 3b, paragraph (b); or 
           (3) the license holder has been granted a variance for the 
        disqualified individual under subdivision 3e. 
           (q) Termination of affiliation with persons in paragraph 
        (c), clauses (1) to (7), 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. 
           (r) The commissioner may establish records to fulfill the 
        requirements of this section. 
           (s) 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. 
           (t) An individual subject to disqualification under this 
        subdivision has the applicable rights in subdivision 3a, 3b, or 
        3c. 
           (u) 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. 
           (v) County agencies shall have access to the criminal 
        history data in the same manner as county licensing agencies 
        under this chapter for purposes of background studies completed 
        by county agencies on legal nonlicensed child care providers to 
        determine eligibility for child care funds under chapter 119B. 
           Sec. 3.  Minnesota Statutes 2002, section 245A.04, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [NOTIFICATION TO SUBJECT AND LICENSE HOLDER OF 
        NOTICE OF BACKGROUND STUDY RESULTS; COMMISSIONER'S DETERMINATION 
        OF RISK OF HARM.] (a) Within 15 working days, the commissioner 
        shall notify the applicant, license holder, or registrant under 
        section 144A.71, subdivision 1, and the individual who is the 
        subject of the study, in writing or by electronic transmission, 
        of the results of the study or that more time is needed to 
        complete the study.  When the study is completed, a notice that 
        the study was undertaken and completed shall be maintained in 
        the personnel files of the program.  For studies on individuals 
        pertaining to a license to provide family day care or group 
        family day care, 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, the commissioner is not required to provide 
        a separate notice of the background study results to the 
        individual who is the subject of the study unless the study 
        results in a disqualification of the individual. 
           The commissioner shall notify the individual studied if the 
        information in the study indicates the individual is 
        disqualified from direct contact with persons served by the 
        program.  The commissioner shall disclose the information 
        causing disqualification and instructions on how to request a 
        reconsideration of the disqualification to the individual 
        studied.  An applicant or license holder who is not the subject 
        of the study shall be informed that the commissioner has found 
        information that disqualifies the subject from direct contact 
        with persons served by the program.  However, only the 
        individual studied must be informed of the information contained 
        in the subject's background study unless the basis for the 
        disqualification is failure to cooperate, substantiated 
        maltreatment under section 626.556 or 626.557, the Data 
        Practices Act provides for release of the information, or the 
        individual studied authorizes the release of the information.  
        When a disqualification is based on the subject's failure to 
        cooperate with the background study or substantiated 
        maltreatment under section 626.556 or 626.557, the agency that 
        initiated the study shall be informed by the commissioner of the 
        reason for the disqualification. 
           (b) Except as provided in subdivision 3d, paragraph (b), if 
        the commissioner determines that the individual studied has a 
        disqualifying characteristic, the commissioner shall review the 
        information immediately available and make a determination as to 
        the subject's immediate risk of harm to persons served by the 
        program where the individual studied will have direct contact.  
        The commissioner shall consider all relevant information 
        available, including the following factors in determining the 
        immediate risk of harm:  the recency of the disqualifying 
        characteristic; the recency of discharge from probation for the 
        crimes; the number of disqualifying characteristics; the 
        intrusiveness or violence of the disqualifying characteristic; 
        the vulnerability of the victim involved in the disqualifying 
        characteristic; and the similarity of the victim to the persons 
        served by the program where the individual studied will have 
        direct contact.  The commissioner may determine that the 
        evaluation of the information immediately available gives the 
        commissioner reason to believe one of the following: 
           (1) The individual poses an imminent risk of harm to 
        persons served by the program where the individual studied will 
        have direct contact.  If the commissioner determines that an 
        individual studied poses an imminent risk of harm to persons 
        served by the program where the individual studied will have 
        direct contact, the individual and the license holder must be 
        sent a notice of disqualification.  The commissioner shall order 
        the license holder to immediately remove the individual studied 
        from direct contact.  The notice to the individual studied must 
        include an explanation of the basis of this determination. 
           (2) The individual poses a risk of harm requiring 
        continuous, direct supervision while providing direct contact 
        services during the period in which the subject may request a 
        reconsideration.  If the commissioner determines that an 
        individual studied poses a risk of harm that requires 
        continuous, direct supervision, the individual and the license 
        holder must be sent a notice of disqualification.  The 
        commissioner shall order the license holder to immediately 
        remove the individual studied from direct contact services or 
        assure that the individual studied is under the continuous, 
        direct supervision of another staff person when providing direct 
        contact services during the period in which the individual may 
        request a reconsideration of the disqualification.  If the 
        individual studied does not submit a timely request for 
        reconsideration, or the individual submits a timely request for 
        reconsideration, but the disqualification is not set aside for 
        that license holder, the license holder will be notified of the 
        disqualification and ordered to immediately remove the 
        individual from any position allowing direct contact with 
        persons receiving services from the license holder. 
           (3) The individual does not pose an imminent risk of harm 
        or a risk of harm requiring continuous, direct supervision while 
        providing direct contact services during the period in which the 
        subject may request a reconsideration.  If the commissioner 
        determines that an individual studied does not pose a risk of 
        harm that requires continuous, direct supervision, only the 
        individual must be sent a notice of disqualification.  The 
        license holder must be sent a notice that more time is needed to 
        complete the individual's background study.  If the individual 
        studied submits a timely request for reconsideration, and if the 
        disqualification is set aside for that license holder, the 
        license holder will receive the same notification received by 
        license holders in cases where the individual studied has no 
        disqualifying characteristic.  If the individual studied does 
        not submit a timely request for reconsideration, or the 
        individual submits a timely request for reconsideration, but the 
        disqualification is not set aside for that license holder, the 
        license holder will be notified of the disqualification and 
        ordered to immediately remove the individual from any position 
        allowing direct contact with persons receiving services from the 
        license holder.  
           (c) County licensing agencies performing duties under this 
        subdivision may develop an alternative system for determining 
        the subject's immediate risk of harm to persons served by the 
        program, providing the notices under paragraph (b), and 
        documenting the action taken by the county licensing agency.  
        Each county licensing agency's implementation of the alternative 
        system is subject to approval by the commissioner.  
        Notwithstanding this alternative system, county licensing 
        agencies shall complete the requirements of paragraph (a)  The 
        notice of background study results and the commissioner's 
        determination of the background subject's risk of harm shall be 
        governed according to sections 245C.16 and 245C.17. 
           Sec. 4.  Minnesota Statutes 2002, 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 in 
        determining that the underlying conduct giving rise to the 
        disqualification occurred, and for maltreatment, that the 
        maltreatment was serious or recurring, is incorrect; 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 
        609.165 (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 609.223 or 609.2231 (assault in the 
        third or fourth degree), 609.713 (terroristic threats), 609.235 
        (use of drugs to injure or to facilitate crime), 609.24 (simple 
        robbery), 609.255 (false imprisonment), 609.562 (arson in the 
        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), 609.23 (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 for which reconsideration was requested 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 listed 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 fair hearing 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.  If the county agency has disqualified an individual on 
        multiple bases, one of which is a county maltreatment 
        determination for which the individual has a right to request 
        reconsideration, the county shall conduct the reconsideration of 
        all disqualifications.  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, and requests a fair hearing on 
        the disqualification, which has not been set aside or rescinded 
        under this subdivision, the scope of the fair hearing under 
        section 256.045 shall include the maltreatment determination and 
        the disqualification.  Except as provided under subdivision 3c, 
        a fair hearing 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 Reconsideration of a 
        disqualification shall be governed according to sections 245C.21 
        to 245C.27. 
           Sec. 5.  Minnesota Statutes 2002, section 245A.04, 
        subdivision 3c, is amended to read: 
           Subd. 3c.  [CONTESTED CASE.] (a) Notwithstanding 
        subdivision 3b, paragraphs (e) and (f), if a disqualification is 
        not set aside, a person who is an employee of an employer, as 
        defined in section 179A.03, subdivision 15, may request a 
        contested case hearing under chapter 14.  If the 
        disqualification which was not set aside or was not rescinded 
        was based on a maltreatment determination, the scope of the 
        contested case hearing shall include the maltreatment 
        determination and the disqualification.  In such cases, a fair 
        hearing shall not be conducted under section 256.045.  Rules 
        adopted under this chapter may not preclude an employee in a 
        contested case hearing for disqualification from submitting 
        evidence concerning information gathered under subdivision 3, 
        paragraph (e). 
           (b) If a disqualification for which reconsideration was 
        requested and which was not set aside or was not rescinded under 
        subdivision 3b is the basis for a denial of a license under 
        section 245A.05 or a licensing sanction under section 245A.07, 
        the license holder has the right to a contested case hearing 
        under chapter 14 and Minnesota Rules, parts 1400.8510 to 
        1400.8612 and successor rules.  The appeal must be submitted in 
        accordance with section 245A.05 or 245A.07, subdivision 3.  As 
        provided for under section 245A.08, subdivision 2a, the scope of 
        the consolidated contested case hearing shall include the 
        disqualification and the licensing sanction or denial of a 
        license.  If the disqualification was based on a determination 
        of substantiated serious or recurring maltreatment under section 
        626.556 or 626.557, the appeal must be submitted in accordance 
        with sections 245A.07, subdivision 3, and 626.556, subdivision 
        10i, or 626.557, subdivision 9d.  As provided for under section 
        245A.08, subdivision 2a, the scope of the contested case hearing 
        shall include the maltreatment determination, the 
        disqualification, and the licensing sanction or denial of a 
        license.  In such cases, a fair hearing shall not be conducted 
        under section 256.045. 
           (c) If a maltreatment determination or disqualification, 
        which was not set aside or was not rescinded under subdivision 
        3b, is the basis for a denial of a license under section 245A.05 
        or a licensing sanction under section 245A.07, and the 
        disqualified subject is an individual other than the license 
        holder and upon whom a background study must be conducted under 
        subdivision 3, the hearing of all parties may be consolidated 
        into a single contested case hearing upon consent of all parties 
        and the administrative law judge.  
           (d) The commissioner's final order under section 245A.08, 
        subdivision 5, is conclusive on the issue of maltreatment and 
        disqualification, including for purposes of subsequent 
        background studies.  The contested case hearing under this 
        subdivision 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 Contested 
        case hearing rights related to a disqualification shall be 
        governed according to section 245C.28. 
           Sec. 6.  Minnesota Statutes 2002, 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 609.21 (criminal vehicular homicide and 
        injury); 609.165 (felon ineligible to possess firearm); 609.215 
        (suicide); 609.223 or 609.2231 (assault in the third or fourth 
        degree); repeat offenses under 609.224 (assault in the fifth 
        degree); 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); 609.255 (false 
        imprisonment); 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); 609.2325 
        (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); 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 Disqualification shall be governed 
        according to sections 245C.14 and 245C.15. 
           Sec. 7.  Minnesota Statutes 2002, section 245A.04, 
        subdivision 3e, is amended to read: 
           Subd. 3e.  [VARIANCE FOR A DISQUALIFIED PERSON 
        INDIVIDUAL.] (a) When a background study subject's 
        disqualification has not been set aside by the commissioner, and 
        there are conditions under which the disqualified individual may 
        provide direct contact services or have access to people 
        receiving services that minimize the risk of harm to people 
        receiving services, the commissioner may grant a time-limited 
        variance to a license holder that states the reason for the 
        disqualification, the services that may be provided by the 
        disqualified individual, and the conditions with which the 
        license holder or applicant must comply for the variance to be 
        effective. 
           (b) Except for programs licensed 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, the commissioner may not grant a variance 
        for a disqualified person unless the applicant or license holder 
        has requested the variance and the disqualified individual has 
        provided written consent for the commissioner to disclose to the 
        applicant or license holder the reason for the disqualification. 
           (c) When a license holder permits a disqualified individual 
        to provide any services for which the subject is disqualified 
        without complying with the conditions of the variance, 
        termination of the variance is immediate and the license holder 
        may be subject to fines or sanctions under sections 245A.06 and 
        245A.07. 
           (d) The commissioner may terminate a variance for a 
        disqualified person at any time for cause. 
           (e) The commissioner's decision to grant or deny a variance 
        request is final and not subject to appeal under the provisions 
        of chapter 14 A variance for a disqualified individual shall be 
        governed according to section 245C.30. 
           Sec. 8.  Minnesota Statutes 2002, section 245A.04, 
        subdivision 3f, is amended to read: 
           Subd. 3f.  [CONCLUSIVE DETERMINATIONS OR DISPOSITIONS.] 
        Unless otherwise specified in statute, the following 
        determinations or dispositions are deemed conclusive: 
           (1) a maltreatment determination or disposition under 
        section 626.556 or 626.557, if: 
           (i) the commissioner has issued a final order in an appeal 
        of that determination or disposition under section 245A.08, 
        subdivision 5, or 256.045; 
           (ii) the individual did not request reconsideration of the 
        maltreatment determination or disposition under section 626.556 
        or 626.557; or 
           (iii) the individual did not request a hearing of the 
        maltreatment determination or disposition under section 256.045; 
        and 
           (2) a determination that the information relied upon to 
        disqualify an individual under subdivision 3d was correct based 
        on serious or recurring maltreatment; or 
           (3) a preponderance of evidence shows that the individual 
        committed an act or acts that meet the definition of any of the 
        crimes listed in subdivision 3d, paragraph (a), clauses (1) to 
        (4); or the individual's failure to make required reports under 
        section 626.556, subdivision 3, or 626.557, subdivision 3, if: 
           (i) the commissioner has issued a final order in an appeal 
        of that determination under section 245A.08, subdivision 5, or 
        256.045, or a court has issued a final decision; 
           (ii) the individual did not request reconsideration of the 
        disqualification under this section; or 
           (iii) the individual did not request a hearing on the 
        disqualification under section 256.045 Whether a 
        disqualification determination or maltreatment determination or 
        disposition is deemed conclusive shall be governed according to 
        section 245C.29. 
           Sec. 9.  Minnesota Statutes 2002, section 245A.041, is 
        amended to read: 
           245A.041 [SYSTEMS AND RECORDS.] 
           Subdivision 1.  [ESTABLISHMENT; USE.] (a) The commissioner 
        may establish systems and records to fulfill the requirements of 
        section 245A.04.  The commissioner may also use these systems 
        and records to obtain and provide criminal history data from the 
        bureau of criminal apprehension and data about substantiated 
        maltreatment under section 626.556 or 626.557, for other 
        purposes, provided that: 
           (1) the background study is specifically authorized in 
        statute; or 
           (2) the request is made with the informed consent of the 
        subject of the study as provided in section 13.05, subdivision 4.
           A person making a request under clause (2) must agree in 
        writing not to disclose the data to any other person without the 
        consent of the subject of the data. 
           (b) The commissioner may recover the cost of obtaining and 
        providing background study data by charging the person 
        requesting the study a fee of no more than $12 per study.  The 
        fees collected under this paragraph are appropriated to the 
        commissioner for the purpose of conducting background 
        studies The commissioner's establishment and use of systems and 
        records to fulfill the requirements under chapter 245C shall be 
        governed according to section 245C.32, subdivisions 1 and 2. 
           Subd. 2.  [NATIONAL RECORDS SEARCH.] (a) When specifically 
        required by statute, the commissioner shall also obtain criminal 
        history data from the National Criminal Records Repository.  To 
        obtain criminal history data from the National Criminal Records 
        Repository, the commissioner shall require classifiable 
        fingerprints of the data subject and must submit these 
        fingerprint requests through the bureau of criminal 
        apprehension.  The commissioner may recover the cost of 
        obtaining and providing criminal history data from the National 
        Criminal Records Repository by charging the person requesting 
        the study a fee of no more than $30 per study.  The fees 
        collected under this subdivision are appropriated to the 
        commissioner for the purpose of obtaining criminal history data 
        from the National Criminal Records Repository. 
           (b) To obtain criminal history data from the National 
        Criminal Records Repository under this chapter, the commissioner 
        may require the background study subject to submit fingerprint 
        images electronically.  The commissioner may not require 
        electronic fingerprint images until the electronic recording and 
        transfer system is available for non-criminal-justice purposes 
        and the necessary equipment is in use in the law enforcement 
        agency in the background study subject's local 
        community National records searches shall be governed according 
        to section 245C.32, subdivision 3. 
           Sec. 10.  [EFFECTIVE DATE.] 
           Sections 1 to 9 are effective the day following final 
        enactment. 
           Presented to the governor April 16, 2003 
           Signed by the governor April 17, 2003, 10:35 a.m.

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