Bill Text: MN SF588 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Health-related licensing boards criminal background check requirement and appropriation
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2013-03-05 - Comm report: To pass as amended and re-refer to Finance [SF588 Detail]
Download: Minnesota-2013-SF588-Introduced.html
Bill Title: Health-related licensing boards criminal background check requirement and appropriation
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2013-03-05 - Comm report: To pass as amended and re-refer to Finance [SF588 Detail]
Download: Minnesota-2013-SF588-Introduced.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;amending Minnesota Statutes
1.52012, section 13.411, subdivision 7; proposing coding for new law in Minnesota
1.6Statutes, chapter 214.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.411, subdivision 7, is amended to read:
1.9 Subd. 7. Examining and licensing boards. (a) Health licensing boards. Data
1.10held by health licensing boards are classified under sections214.10, subdivision 8 , and
1.11214.25, subdivision 1
.
1.12(b) Combined boards data. Data held by licensing boards participating in a health
1.13professional services program are classified under sections214.34 and
214.35 .
1.14(c) Criminal background checks. Criminal history record information obtained by
1.15a health-related licensing board or the commissioner of health is classified under section
1.16214.075, subdivision 7.
1.17 Sec. 2. [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
1.18BACKGROUND CHECKS.
1.19 Subdivision 1. Applications. (a) By January 1, 2018, each health-related licensing
1.20board, as defined in section 214.01, subdivision 2, and the commissioner of health,
1.21as the regulator for occupational therapy practitioners, speech-language pathologists,
1.22audiologists, and hearing instrument dispensers, shall require applicants for initial
1.23licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse in
1.24licensure, as defined by the individual health-related licensing boards or the commissioner
2.1of health, to submit to a criminal history records check of state data completed by the
2.2Bureau of Criminal Apprehension (BCA) and a national criminal history records check,
2.3including a search of the records of the Federal Bureau of Investigation (FBI).
2.4(b) An applicant must complete a criminal background check if more than one year
2.5has elapsed since the applicant last submitted a background check to the board.
2.6 Subd. 2. Investigations. If a health-related licensing board or the commissioner of
2.7health has reasonable cause to believe a licensee has been charged with or convicted of a
2.8crime in this or any other jurisdiction, the health-related licensing board or commissioner
2.9may require the licensee to submit to a criminal history records check of state data
2.10completed by the BCA and a national criminal history records check, including a search
2.11of the records of the FBI.
2.12 Subd. 3. Consent form; fees; and fingerprints. In order to effectuate the federal
2.13level, fingerprint-based criminal background check, the applicant or licensee must submit
2.14a completed criminal history records check consent form and a full set of fingerprints to
2.15the respective health-related licensing board or the commissioner or a designee in the
2.16manner and form specified by the board or the commissioner. The applicant or licensee is
2.17responsible for all fees associated with preparation of the fingerprints, the criminal records
2.18check consent form, and the criminal background check. The fees for the criminal records
2.19background check shall be set by the BCA and the FBI and are not refundable.
2.20 Subd. 4. Refusal to consent. (a) The health-related licensing boards or
2.21commissioner of health shall not issue a license to any applicant who refuses to consent
2.22to a criminal background check or fails to submit fingerprints within 90 days after
2.23submission of an application for licensure. Any fees paid by the applicant to the board
2.24shall be forfeited if the applicant refuses to consent to the criminal background check or
2.25fails to submit the required fingerprints.
2.26(b) The failure of a licensee to submit to a criminal background check as provided in
2.27subdivision 3 is grounds for disciplinary action by the respective health licensing board or
2.28commissioner of health.
2.29 Subd. 5. Submission of fingerprints to the Bureau of Criminal Apprehension.
2.30The health-related licensing board, commissioner, or designee shall submit applicant
2.31or licensee fingerprints to the BCA. The BCA shall perform a check for state criminal
2.32justice information and shall forward the applicant's or licensee's fingerprints to the FBI
2.33to perform a check for national criminal justice information regarding the applicant or
2.34licensee. The BCA shall report to the board or the commissioner the results of the state
2.35and national criminal justice information checks.
3.1 Subd. 6. Alternatives to fingerprint-based criminal background checks. The
3.2health-related licensing board or commissioner may require an alternative method of
3.3criminal history checks for an applicant or licensee who has submitted at least three sets
3.4of fingerprints in accordance with this section that have been unreadable by the BCA or
3.5the FBI.
3.6 Subd. 7. Data practices. Criminal history record information obtained by the
3.7health-related licensing board or commissioner under this section is private data on
3.8individuals under section 13.02, subdivision 12.
3.9 Subd. 8. Opportunity to challenge accuracy of report. Prior to taking disciplinary
3.10action against an applicant or a licensee based on a criminal conviction, the health-related
3.11licensing board or commissioner shall provide the applicant or the licensee an opportunity
3.12to complete or challenge the accuracy of the criminal history information reported
3.13to the board or commissioner. The applicant or licensee shall have 30 calendar days
3.14following notice from the board or commissioner of the intent to deny licensure or to take
3.15disciplinary action to request an opportunity to correct or complete the record prior to the
3.16board or the commissioner taking disciplinary action based on the information reported to
3.17the board or commissioner. The board or commissioner shall provide the applicant up
3.18to 180 days to challenge the accuracy or completeness of the report with the agency
3.19responsible for the record.
3.20 Subd. 9. Instructions to the board; plans. The health-related licensing boards and
3.21the commissioner of health, in collaboration with the commissioner of human services
3.22and the BCA, shall establish a plan for completing criminal background checks of all
3.23licensees who were licensed before the effective date requirement under subdivision
3.241. The plan must seek to minimize duplication of requirements for background checks
3.25of licensed health professionals. The plan for background checks of current licensees
3.26shall be developed no later than January 1, 2017, and may be contingent upon the
3.27implementation of a system by the BCA or FBI in which any new crimes that an applicant
3.28or licensee commits after an initial background check are flagged in the BCA's or FBI's
3.29database and reported back to the board or commissioner of health. The plan shall include
3.30recommendations for any necessary statutory changes.
3.31 Sec. 3. APPROPRIATION.
3.32$....... is appropriated for fiscal year 2014 from the state government special revenue
3.33fund to the Administrative Services Unit for the implementation of a criminal background
3.34check program.
1.3process for individuals licensed by the health-related licensing boards and the
1.4commissioner of health; appropriating money;amending Minnesota Statutes
1.52012, section 13.411, subdivision 7; proposing coding for new law in Minnesota
1.6Statutes, chapter 214.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.411, subdivision 7, is amended to read:
1.9 Subd. 7. Examining and licensing boards. (a) Health licensing boards. Data
1.10held by health licensing boards are classified under sections
1.12(b) Combined boards data. Data held by licensing boards participating in a health
1.13professional services program are classified under sections
1.14(c) Criminal background checks. Criminal history record information obtained by
1.15a health-related licensing board or the commissioner of health is classified under section
1.16214.075, subdivision 7.
1.17 Sec. 2. [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
1.18BACKGROUND CHECKS.
1.19 Subdivision 1. Applications. (a) By January 1, 2018, each health-related licensing
1.20board, as defined in section 214.01, subdivision 2, and the commissioner of health,
1.21as the regulator for occupational therapy practitioners, speech-language pathologists,
1.22audiologists, and hearing instrument dispensers, shall require applicants for initial
1.23licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse in
1.24licensure, as defined by the individual health-related licensing boards or the commissioner
2.1of health, to submit to a criminal history records check of state data completed by the
2.2Bureau of Criminal Apprehension (BCA) and a national criminal history records check,
2.3including a search of the records of the Federal Bureau of Investigation (FBI).
2.4(b) An applicant must complete a criminal background check if more than one year
2.5has elapsed since the applicant last submitted a background check to the board.
2.6 Subd. 2. Investigations. If a health-related licensing board or the commissioner of
2.7health has reasonable cause to believe a licensee has been charged with or convicted of a
2.8crime in this or any other jurisdiction, the health-related licensing board or commissioner
2.9may require the licensee to submit to a criminal history records check of state data
2.10completed by the BCA and a national criminal history records check, including a search
2.11of the records of the FBI.
2.12 Subd. 3. Consent form; fees; and fingerprints. In order to effectuate the federal
2.13level, fingerprint-based criminal background check, the applicant or licensee must submit
2.14a completed criminal history records check consent form and a full set of fingerprints to
2.15the respective health-related licensing board or the commissioner or a designee in the
2.16manner and form specified by the board or the commissioner. The applicant or licensee is
2.17responsible for all fees associated with preparation of the fingerprints, the criminal records
2.18check consent form, and the criminal background check. The fees for the criminal records
2.19background check shall be set by the BCA and the FBI and are not refundable.
2.20 Subd. 4. Refusal to consent. (a) The health-related licensing boards or
2.21commissioner of health shall not issue a license to any applicant who refuses to consent
2.22to a criminal background check or fails to submit fingerprints within 90 days after
2.23submission of an application for licensure. Any fees paid by the applicant to the board
2.24shall be forfeited if the applicant refuses to consent to the criminal background check or
2.25fails to submit the required fingerprints.
2.26(b) The failure of a licensee to submit to a criminal background check as provided in
2.27subdivision 3 is grounds for disciplinary action by the respective health licensing board or
2.28commissioner of health.
2.29 Subd. 5. Submission of fingerprints to the Bureau of Criminal Apprehension.
2.30The health-related licensing board, commissioner, or designee shall submit applicant
2.31or licensee fingerprints to the BCA. The BCA shall perform a check for state criminal
2.32justice information and shall forward the applicant's or licensee's fingerprints to the FBI
2.33to perform a check for national criminal justice information regarding the applicant or
2.34licensee. The BCA shall report to the board or the commissioner the results of the state
2.35and national criminal justice information checks.
3.1 Subd. 6. Alternatives to fingerprint-based criminal background checks. The
3.2health-related licensing board or commissioner may require an alternative method of
3.3criminal history checks for an applicant or licensee who has submitted at least three sets
3.4of fingerprints in accordance with this section that have been unreadable by the BCA or
3.5the FBI.
3.6 Subd. 7. Data practices. Criminal history record information obtained by the
3.7health-related licensing board or commissioner under this section is private data on
3.8individuals under section 13.02, subdivision 12.
3.9 Subd. 8. Opportunity to challenge accuracy of report. Prior to taking disciplinary
3.10action against an applicant or a licensee based on a criminal conviction, the health-related
3.11licensing board or commissioner shall provide the applicant or the licensee an opportunity
3.12to complete or challenge the accuracy of the criminal history information reported
3.13to the board or commissioner. The applicant or licensee shall have 30 calendar days
3.14following notice from the board or commissioner of the intent to deny licensure or to take
3.15disciplinary action to request an opportunity to correct or complete the record prior to the
3.16board or the commissioner taking disciplinary action based on the information reported to
3.17the board or commissioner. The board or commissioner shall provide the applicant up
3.18to 180 days to challenge the accuracy or completeness of the report with the agency
3.19responsible for the record.
3.20 Subd. 9. Instructions to the board; plans. The health-related licensing boards and
3.21the commissioner of health, in collaboration with the commissioner of human services
3.22and the BCA, shall establish a plan for completing criminal background checks of all
3.23licensees who were licensed before the effective date requirement under subdivision
3.241. The plan must seek to minimize duplication of requirements for background checks
3.25of licensed health professionals. The plan for background checks of current licensees
3.26shall be developed no later than January 1, 2017, and may be contingent upon the
3.27implementation of a system by the BCA or FBI in which any new crimes that an applicant
3.28or licensee commits after an initial background check are flagged in the BCA's or FBI's
3.29database and reported back to the board or commissioner of health. The plan shall include
3.30recommendations for any necessary statutory changes.
3.31 Sec. 3. APPROPRIATION.
3.32$....... is appropriated for fiscal year 2014 from the state government special revenue
3.33fund to the Administrative Services Unit for the implementation of a criminal background
3.34check program.
