2003 Minnesota Statutes

     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. 

    HIST: 2003 c 15 art 1 s 4