2005 Minnesota Statutes - 245C.03 — Background study; individuals to be studied.

     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. 


    HIST: 2003 c 15 art 1 s 3; 2004 c 288 art 1 s 39,40; 1Sp2005 c 
 4 art 1 s 26