2003 Minnesota Statutes

     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. 

    HIST: 2003 c 15 art 1 s 3