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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 adult foster care,
family adult day services, and family child 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) From July 1, 2007, to June 30, 2009, the commissioner of human services shall conduct a
study of an individual required to be studied under section 245C.03, at the time of reapplication
for a child foster care license. The county or private agency shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a)
and (b), and 5, paragraphs (a) and (b). The background study conducted by the commissioner of
human services under this paragraph must include a review of the information required under
section 245C.08, subdivisions 1, paragraph (a), clauses (1) to (5), 3, and 4.
    (e) The commissioner of human services shall conduct a background study of an individual
specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with a child foster care license holder. The county or private agency shall collect and
forward to the commissioner the information required under section 245C.05, subdivisions 1 and
5. The background study conducted by the commissioner of human services under this paragraph
must include a review of the information required under section 245C.08, subdivisions 1, 3, and 4.
    (f) 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.
    (g) 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 sections 256B.0651 and 256B.0653
to 256B.0656.
(b) Organizations required to initiate background studies under sections 256B.0651 and
256B.0653 to 256B.0656 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.
History: 2003 c 15 art 1 s 4; 2007 c 147 art 3 s 6