2007 Minnesota Statutes

245C.03 BACKGROUND STUDY; INDIVIDUALS TO BE STUDIED.
    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a background
study on:
(1) the person or persons applying for a license;
(2) an individual age 13 and over living in the household where the licensed program will be
provided;
(3) current or prospective employees or contractors of the applicant who will have direct
contact with persons served by the facility, agency, or program;
(4) volunteers or student volunteers who will have direct contact with persons served by the
program to provide program services if the contact is not under the continuous, direct supervision
by an individual listed in clause (1) or (3);
(5) an individual age ten to 12 living in the household where the licensed services will be
provided when the commissioner has reasonable cause;
(6) an individual who, without providing direct contact services at a licensed program, may
have unsupervised access to children or vulnerable adults receiving services from a program,
when the commissioner has reasonable cause; and
(7) all managerial officials as defined under section 245A.02, subdivision 5a.
(b) For family child foster care settings, a short-term substitute caregiver providing direct
contact services for a child for less than 72 hours of continuous care is not required to receive a
background study under this chapter.
    Subd. 2. Personal care provider organizations. The commissioner shall conduct
background studies on any individual required under sections 256B.0651 and 256B.0653 to
256B.0656 to have a background study completed under this chapter.
    Subd. 3. Supplemental nursing services agencies. The commissioner shall conduct all
background studies required under this chapter and initiated by supplemental nursing services
agencies registered under section 144A.71, subdivision 1.
    Subd. 4. Personnel agencies; educational programs; professional services agencies.
The commissioner also may conduct studies on individuals specified in subdivision 1, clauses
(3) and (4), when the studies are initiated by:
(1) personnel pool agencies;
(2) temporary personnel agencies;
(3) educational programs that train individuals by providing direct contact services in
licensed programs; and
(4) professional services agencies that are not licensed and which contract with licensed
programs to provide direct contact services or individuals who provide direct contact services.
    Subd. 5. Other state agencies. The commissioner shall conduct background studies on
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, including the applicant's
or license holder's employees, contractors, and volunteers when required under other statutory
sections.
History: 2003 c 15 art 1 s 3; 2004 c 288 art 1 s 39,40; 1Sp2005 c 4 art 1 s 26