Bill Text: MN HF1002 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Criminal background check process established for individuals licensed by the health-related licensing boards and commissioner of health, funding provided, and money appropriated.
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2013-04-04 - Motion prevailed [HF1002 Detail]
Download: Minnesota-2013-HF1002-Engrossed.html
1.2relating to health occupations; establishing a criminal background check
1.3process for individuals licensed by the health-related licensing boards and the
1.4commissioner of health; appropriating money;proposing coding for new law in
1.5Minnesota Statutes, chapter 214.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
1.8BACKGROUND CHECKS.
1.9 Subdivision 1. Applications. (a) By January 1, 2018, each health-related licensing
1.10board, as defined in section 214.01, subdivision 2, shall require applicants for initial
1.11licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse
1.12in licensure, as defined by the individual health-related licensing boards to submit to
1.13a criminal history records check of state data completed by the Bureau of Criminal
1.14Apprehension (BCA) and a national criminal history records check, including a search of
1.15the records of the Federal Bureau of Investigation (FBI).
1.16(b) An applicant must complete a criminal background check if more than one year
1.17has elapsed since the applicant last submitted a background check to the board.
1.18 Subd. 2. Investigations. If a health-related licensing board has reasonable cause
1.19to believe a licensee has been charged with or convicted of a crime in this or any other
1.20jurisdiction, the health-related licensing board may require the licensee to submit to a
1.21criminal history records check of state data completed by the BCA and a national criminal
1.22history records check, including a search of the records of the FBI.
1.23 Subd. 3. Consent form; fees; fingerprints. In order to effectuate the federal
1.24and state level, fingerprint-based criminal background check, the applicant or licensee
1.25must submit a completed criminal history records check consent form and a full set of
2.1fingerprints to the respective health-related licensing board or a designee in the manner
2.2and form specified by the board. The applicant or licensee is responsible for all fees
2.3associated with preparation of the fingerprints, the criminal records check consent form,
2.4and the criminal background check. The fees for the criminal records background check
2.5shall be set by the BCA and the FBI and are not refundable.
2.6 Subd. 4. Refusal to consent. (a) The health-related licensing boards shall not issue
2.7a license to any applicant who refuses to consent to a criminal background check or fails
2.8to submit fingerprints within 90 days after submission of an application for licensure. Any
2.9fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
2.10to the criminal background check or fails to submit the required fingerprints.
2.11(b) The failure of a licensee to submit to a criminal background check as provided in
2.12subdivision 3 is grounds for disciplinary action by the respective health licensing board.
2.13 Subd. 5. Submission of fingerprints to BCA. The health-related licensing board
2.14or designee shall submit applicant or licensee fingerprints to the BCA. The BCA shall
2.15perform a check for state criminal justice information and shall forward the applicant's
2.16or licensee's fingerprints to the FBI to perform a check for national criminal justice
2.17information regarding the applicant or licensee. The BCA shall report to the board the
2.18results of the state and national criminal justice information checks.
2.19 Subd. 6. Alternatives to fingerprint-based criminal background checks. The
2.20health-related licensing board may require an alternative method of criminal history
2.21checks for an applicant or licensee who has submitted at least three sets of fingerprints in
2.22accordance with this section that have been unreadable by the BCA or FBI.
2.23 Subd. 7. Opportunity to challenge accuracy of report. Prior to taking disciplinary
2.24action against an applicant or a licensee based on a criminal conviction, the health-related
2.25licensing board shall provide the applicant or licensee an opportunity to complete or
2.26challenge the accuracy of the criminal history information reported to the board. The
2.27applicant or licensee shall have 30 calendar days following notice from the board of the
2.28intent to deny licensure or take disciplinary action to request an opportunity to correct or
2.29complete the record prior to the board taking disciplinary action based on the information
2.30reported to the board. The board shall provide the applicant up to 180 days to challenge
2.31the accuracy or completeness of the report with the agency responsible for the record. This
2.32subdivision does not affect the right of the subject of the data to contest the accuracy or
2.33completeness under section 13.04, subdivision 4.
2.34 Subd. 8. Instructions to the board; plans. The health-related licensing boards, in
2.35collaboration with the commissioner of human services and the BCA, shall establish a
2.36plan for completing criminal background checks of all licensees who were licensed before
3.1the effective date requirement under subdivision 1. The plan must seek to minimize
3.2duplication of requirements for background checks of licensed health professionals. The
3.3plan for background checks of current licensees shall be developed no later than January
3.41, 2017, and may be contingent upon the implementation of a system by the BCA or FBI
3.5in which any new crimes that an applicant or licensee commits after an initial background
3.6check are flagged in the BCA's or FBI's database and reported back to the board. The plan
3.7shall include recommendations for any necessary statutory changes.
3.8 Sec. 2. INCLUSION OF OTHER HEALTH-RELATED OCCUPATIONS TO
3.9CRIMINAL BACKGROUND CHECKS.
3.10(a) If the Department of Health is not reviewed by the Sunset Advisory Commission
3.11according to the schedule in Minnesota Statutes, section 3D.21, the commissioner
3.12of health, as the regulator for occupational therapy practitioners, speech-language
3.13pathologists, audiologists, and hearing instrument dispensers, shall require applicants
3.14for licensure or renewal to submit to a criminal history records check as required under
3.15Minnesota Statutes, section 214.075, for other health-related licensed occupations
3.16regulated by the health-related licensing boards.
3.17(b) Any statutory changes necessary to include the commissioner of health to
3.18Minnesota Statutes, section 214.075, shall be included in the plan required in Minnesota
3.19Statutes, section 214.075, subdivision 8.
3.20 Sec. 3. APPROPRIATION.
3.21$....... is appropriated in fiscal year 2014 from the state government special revenue
3.22fund to the Administrative Services Unit for the implementation of a criminal background
3.23check program.
1.3process for individuals licensed by the health-related licensing boards and the
1.4commissioner of health; appropriating money;proposing coding for new law in
1.5Minnesota Statutes, chapter 214.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
1.8BACKGROUND CHECKS.
1.9 Subdivision 1. Applications. (a) By January 1, 2018, each health-related licensing
1.10board, as defined in section 214.01, subdivision 2, shall require applicants for initial
1.11licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse
1.12in licensure, as defined by the individual health-related licensing boards to submit to
1.13a criminal history records check of state data completed by the Bureau of Criminal
1.14Apprehension (BCA) and a national criminal history records check, including a search of
1.15the records of the Federal Bureau of Investigation (FBI).
1.16(b) An applicant must complete a criminal background check if more than one year
1.17has elapsed since the applicant last submitted a background check to the board.
1.18 Subd. 2. Investigations. If a health-related licensing board has reasonable cause
1.19to believe a licensee has been charged with or convicted of a crime in this or any other
1.20jurisdiction, the health-related licensing board may require the licensee to submit to a
1.21criminal history records check of state data completed by the BCA and a national criminal
1.22history records check, including a search of the records of the FBI.
1.23 Subd. 3. Consent form; fees; fingerprints. In order to effectuate the federal
1.24and state level, fingerprint-based criminal background check, the applicant or licensee
1.25must submit a completed criminal history records check consent form and a full set of
2.1fingerprints to the respective health-related licensing board or a designee in the manner
2.2and form specified by the board. The applicant or licensee is responsible for all fees
2.3associated with preparation of the fingerprints, the criminal records check consent form,
2.4and the criminal background check. The fees for the criminal records background check
2.5shall be set by the BCA and the FBI and are not refundable.
2.6 Subd. 4. Refusal to consent. (a) The health-related licensing boards shall not issue
2.7a license to any applicant who refuses to consent to a criminal background check or fails
2.8to submit fingerprints within 90 days after submission of an application for licensure. Any
2.9fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
2.10to the criminal background check or fails to submit the required fingerprints.
2.11(b) The failure of a licensee to submit to a criminal background check as provided in
2.12subdivision 3 is grounds for disciplinary action by the respective health licensing board.
2.13 Subd. 5. Submission of fingerprints to BCA. The health-related licensing board
2.14or designee shall submit applicant or licensee fingerprints to the BCA. The BCA shall
2.15perform a check for state criminal justice information and shall forward the applicant's
2.16or licensee's fingerprints to the FBI to perform a check for national criminal justice
2.17information regarding the applicant or licensee. The BCA shall report to the board the
2.18results of the state and national criminal justice information checks.
2.19 Subd. 6. Alternatives to fingerprint-based criminal background checks. The
2.20health-related licensing board may require an alternative method of criminal history
2.21checks for an applicant or licensee who has submitted at least three sets of fingerprints in
2.22accordance with this section that have been unreadable by the BCA or FBI.
2.23 Subd. 7. Opportunity to challenge accuracy of report. Prior to taking disciplinary
2.24action against an applicant or a licensee based on a criminal conviction, the health-related
2.25licensing board shall provide the applicant or licensee an opportunity to complete or
2.26challenge the accuracy of the criminal history information reported to the board. The
2.27applicant or licensee shall have 30 calendar days following notice from the board of the
2.28intent to deny licensure or take disciplinary action to request an opportunity to correct or
2.29complete the record prior to the board taking disciplinary action based on the information
2.30reported to the board. The board shall provide the applicant up to 180 days to challenge
2.31the accuracy or completeness of the report with the agency responsible for the record. This
2.32subdivision does not affect the right of the subject of the data to contest the accuracy or
2.33completeness under section 13.04, subdivision 4.
2.34 Subd. 8. Instructions to the board; plans. The health-related licensing boards, in
2.35collaboration with the commissioner of human services and the BCA, shall establish a
2.36plan for completing criminal background checks of all licensees who were licensed before
3.1the effective date requirement under subdivision 1. The plan must seek to minimize
3.2duplication of requirements for background checks of licensed health professionals. The
3.3plan for background checks of current licensees shall be developed no later than January
3.41, 2017, and may be contingent upon the implementation of a system by the BCA or FBI
3.5in which any new crimes that an applicant or licensee commits after an initial background
3.6check are flagged in the BCA's or FBI's database and reported back to the board. The plan
3.7shall include recommendations for any necessary statutory changes.
3.8 Sec. 2. INCLUSION OF OTHER HEALTH-RELATED OCCUPATIONS TO
3.9CRIMINAL BACKGROUND CHECKS.
3.10(a) If the Department of Health is not reviewed by the Sunset Advisory Commission
3.11according to the schedule in Minnesota Statutes, section 3D.21, the commissioner
3.12of health, as the regulator for occupational therapy practitioners, speech-language
3.13pathologists, audiologists, and hearing instrument dispensers, shall require applicants
3.14for licensure or renewal to submit to a criminal history records check as required under
3.15Minnesota Statutes, section 214.075, for other health-related licensed occupations
3.16regulated by the health-related licensing boards.
3.17(b) Any statutory changes necessary to include the commissioner of health to
3.18Minnesota Statutes, section 214.075, shall be included in the plan required in Minnesota
3.19Statutes, section 214.075, subdivision 8.
3.20 Sec. 3. APPROPRIATION.
3.21$....... is appropriated in fiscal year 2014 from the state government special revenue
3.22fund to the Administrative Services Unit for the implementation of a criminal background
3.23check program.
