US Laws, Codes, Statutes & Cases

     245C.06 Individual previously studied. 

    Subdivision 1.    Facility request.  At the option of 
 the licensed facility, rather than initiating another background 
 study on an individual required to be studied who has indicated 
 to the licensed facility that a background study by the 
 commissioner was previously completed, the facility may make a 
 request to the commissioner for documentation of the 
 individual's background study status, provided that: 

    (1) the facility makes this request using a form provided 
 by the commissioner; 

    (2) in making the request, the facility informs the 
 commissioner that either: 

    (i) the individual has been continuously affiliated with a 
 licensed facility since the individual's previous background 
 study was completed, or since October 1, 1995, whichever is 
 shorter; or 

    (ii) the individual is affiliated only with a personnel 
 pool agency, a temporary personnel agency, an educational 
 program that trains individuals by providing direct contact 
 services in licensed programs, or a professional services agency 
 that is not licensed and which contracts with licensed programs 
 to provide direct contact services or individuals who provide 
 direct contact services; and 

    (3) the facility provides notices to the individual as 
 required under section 245C.05, subdivision 6, paragraph (c), 
 and that the facility is requesting written notification of the 
 individual's background study status from the commissioner. 

    Subd. 2.    Commissioner's response.  The commissioner 
 shall respond to each request under subdivision 1 with a written 
 or electronic notice to the facility and the study subject.  If 
 the commissioner determines that a background study is 
 necessary, the commissioner shall complete the study without 
 further request from a licensed agency or notifications to the 
 study subject. 

    HIST: 2003 c 15 art 1 s 6 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.