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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.

HIST: 2003 c 15 art 1 s 6