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    Subdivision 1. Background studies required. The commissioner of health shall contract
with the commissioner of human services to conduct background studies of:
(1) individuals providing services which have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes, outpatient
surgical centers licensed under sections 144.50 to 144.58; nursing homes and home care agencies
licensed under chapter 144A; residential care homes licensed under chapter 144B, and board and
lodging establishments that are registered to provide supportive or health supervision services
under section 157.17;
(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A or a boarding
care home licensed under sections 144.50 to 144.58, and if the individual under study resides
outside Minnesota, the study must be at least as comprehensive as that of a Minnesota resident
and include a search of information from the criminal justice data communications network in the
state where the subject of the study resides;
(3) beginning July 1, 1999, all other employees in nursing homes licensed under chapter
144A, and boarding care homes licensed under sections 144.50 to 144.58. A disqualification
of an individual in this section shall disqualify the individual from positions allowing direct
contact or access to patients or residents receiving services. "Access" means physical access to
a client or the client's personal property without continuous, direct supervision as defined in
section 245C.02, subdivision 8, when the employee's employment responsibilities do not include
providing direct contact services;
(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; and
(5) controlling persons of a supplemental nursing services agency, as defined under section
If a facility or program is licensed by the Department of Human Services and subject to
the background study provisions of chapter 245C and is also licensed by the Department of
Health, the Department of Human Services is solely responsible for the background studies of
individuals in the jointly licensed programs.
    Subd. 2. Responsibilities of Department of Human Services. The Department of Human
Services shall conduct the background studies required by subdivision 1 in compliance with the
provisions of chapter 245C. For the purpose of this section, the term "residential program" shall
include all facilities described in subdivision 1. The Department of Human Services shall provide
necessary forms and instructions, shall conduct the necessary background studies of individuals,
and shall provide notification of the results of the studies to the facilities, supplemental nursing
services agencies, individuals, and the commissioner of health. Individuals shall be disqualified
under the provisions of chapter 245C. If an individual is disqualified, the Department of Human
Services shall notify the facility, the supplemental nursing services agency, and the individual
and shall inform the individual of the right to request a reconsideration of the disqualification by
submitting the request to the Department of Health.
    Subd. 3. Reconsiderations. The commissioner of health shall review and decide
reconsideration requests, including the granting of variances, in accordance with the procedures
and criteria contained in chapter 245C. The commissioner's decision shall be provided to the
individual and to the Department of Human Services. The commissioner's decision to grant or
deny a reconsideration of disqualification is the final administrative agency action, except for the
provisions under sections 245C.25, 245C.27, and 245C.28, subdivision 3.
    Subd. 4. Responsibilities of facilities and agencies. Facilities and agencies described in
subdivision 1 shall be responsible for cooperating with the departments in implementing the
provisions of this section. The responsibilities imposed on applicants and licensees under chapters
245A and 245C shall apply to these facilities and supplemental nursing services agencies. The
provision of section 245C.09, shall apply to applicants, licensees, registrants, or an individual's
refusal to cooperate with the completion of the background studies. Supplemental nursing
services agencies subject to the registration requirements in section 144A.71 must maintain
records verifying compliance with the background study requirements under this section.
History: 1995 c 229 art 3 s 4; 1996 c 305 art 1 s 35; 1996 c 408 art 10 s 1-3; 1997 c 248 s
1; 1Sp2001 c 9 art 7 s 1; art 14 s 2; 2002 c 379 art 1 s 49,113; 2003 c 15 art 1 s 33

Official Publication of the State of Minnesota
Revisor of Statutes