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    Subdivision 1. Board determines disciplinary or corrective action. (a) When the subject
of a background study is regulated by a health-related licensing board as defined in chapter 214,
and the commissioner determines that the regulated individual is responsible for substantiated
maltreatment under section 626.556 or 626.557, instead of the commissioner making a decision
regarding disqualification, the board shall make a determination whether to impose disciplinary or
corrective action under chapter 214.
(b) This section does not apply to a background study of an individual regulated by a
health-related licensing board if the individual's study is related to child foster care, adult foster
care, or family child care licensure.
    Subd. 2. Commissioner's notice to board. (a) The commissioner shall notify the
health-related licensing board:
(1) upon completion of a background study that produces a record showing that the
individual was determined to have been responsible for substantiated maltreatment;
(2) upon the commissioner's completion of an investigation that determined the individual
was responsible for substantiated maltreatment; or
(3) upon receipt from another agency of a finding of substantiated maltreatment for which
the individual was responsible.
(b) The commissioner's notice to the health-related licensing board shall indicate whether the
commissioner would have disqualified the individual for the substantiated maltreatment if the
individual were not regulated by the board.
(c) The commissioner shall concurrently send the notice under this subdivision to the
individual who is the subject of the background study.
    Subd. 3. Commissioner's or local agency's referral to board. (a) When the commissioner
or a local agency has reason to believe that the direct contact services provided by an individual
may fall within the jurisdiction of a health-related licensing board, the commissioner or local
agency shall refer the matter to the board as provided in this section.
(b) If, upon review of the information provided by the commissioner, a health-related
licensing board informs the commissioner that the board does not have jurisdiction to take
disciplinary or corrective action, the commissioner shall make the appropriate disqualification
decision regarding the individual as otherwise provided in this chapter.
    Subd. 4. Facility monitoring. (a) The commissioner has the authority to monitor the
facility's compliance with any requirements that the health-related licensing board places on
regulated individuals practicing in a facility either during the period pending a final decision
on a disciplinary or corrective action or as a result of a disciplinary or corrective action. The
commissioner has the authority to order the immediate removal of a regulated individual from
direct contact or access when a board issues an order of temporary suspension based on a
determination that the regulated individual poses an immediate risk of harm to persons receiving
services in a licensed facility.
(b) A facility that allows a regulated individual to provide direct contact services while not
complying with the requirements imposed by the health-related licensing board is subject to
action by the commissioner as specified under sections 245A.06 and 245A.07.
(c) The commissioner shall notify a health-related licensing board immediately upon receipt
of knowledge of a facility's or individual's noncompliance with requirements the board placed on
a facility or upon an individual regulated by the board.
History: 2003 c 15 art 1 s 31

Official Publication of the State of Minnesota
Revisor of Statutes