Licensing/Background Checks/Collateral Sanctions

Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107

Chapter 383, Section 6 (SF 2725)
Effective August 1, 2010

Directs the Bureau of Criminal Apprehension to convene a stakeholder group to: (1) discuss issues and laws related to criminal databases; and (2) make recommendations for proposed changes to classification, storage, dissemination and use of criminal investigative data. Specifies membership of the stakeholder group, requiring a balance between law enforcement and non-law enforcement personnel. Mandates a report to the legislature by February 1, 2011.

Chapter 329, Article 1, Section 17 (SF 2935)
Amends Minn. Stat. § 245C.22, subd. 7
Effective August 1, 2010

Provides that a disqualifying act committed by a person prior to the person's adoption by his or her foster care provider is private data if the person still lives with the provider.

Chapter 329, Article 1, Section 15 (SF 2935)
Amends Minn. Stat. § 245C.15, subd. 2
Effective retroactively to May 22, 2009

Eliminates involuntary termination of parental rights from the 15-year disqualification statute, making the statute consistent with case law.

Chapter 329, Article 1, Section 16 (SF 2935)
Adds Minn. Stat § 245C.20, subd. 2
Effective August 1, 2010

Requires a license holder to keep a copy of the results of a background study if a license holder relied on a study conducted by a third party (e.g., a temp agency).

Chapter 329, Article 1, Sections 5 and 8 (SF 2935)
Amends Minn. Stat. §§ 245A.04, subd. 7; and 246A.07, subd. 3
Effective May 14, 2010

A. Issuance/Reissuance
Prohibits DHS from issuing or reissuing a license to a program or service where a tribal jurisdiction has already established licensing jurisdiction. Prohibits reissuance of a license if a person living in the household has a disqualifying offense that has not been set aside or no variance has been granted.
Amends Minn. Stat. § 245A.04, subd. 7

B. Extension
Permits, with limitations, a program to continue to operate, including under a provisional license if needed, pending the outcome of an appeal of a license suspension or revocation. Provides that the removal or supervision order remains in effect pending the outcome of a hearing and final order if the license holder fails to request reconsideration, or the request for a set-aside or variance is denied.
Amends Minn. Stat. § 245A.04, subd. 7
Amends Minn. Stat. § 246A.07, subd. 3

Chapter 329, Article 1, Section 19 (SF 2935)
Amends Minn. Stat. § 626.556, subd. 2
Effective August 1, 2010

Defines nonmaltreatment mistake as follows: (1) the event occurred during the course of the employee's duties as part of the child care center's plan; (2) the employee had no maltreatment finding in the last seven years, or another maltreatment mistake finding in the last four years; (3) any treated injury to the child involved only over-the-counter remedies; and (4) except for when the incident occurred, the employee and facility were acting in accordance with all licensing requirements.

Chapter 329, Article 2, Sections 1 - 7 (SF 2935)
Amends Minn. Stat. §§ 245C.27, subds. 1 and 2; 245C.28, subd. 3; 256.045, subd. 3; 626.556, subd. 10i; and 626.557, subd. 9d.
Effective May 14, 2010

Expressly provides for a right to hearing after a reconsideration determination (even if the underlying disqualification was set aside) unless the determination is deemed conclusive under Minn. Stat. § 245C.29 or the disqualification is based on a criminal conviction in the following instances: (1) fair hearings; (2) consolidated fair hearings; (3) contested case hearings for public employees; (4) state agency hearings; and (5) administrative reconsiderations.

Chapter 329, Article 1, Section 14 (SF 2935)
Amends Minn. Stat. § 245C.02, subd. 18
Effective August 1, 2010

Clarifies that serious maltreatment includes treatment by a physician, a physician assistant, or a nurse practitioner, but excludes the application of an over-the-counter medication (even if prescribed) or a prescription for a topical burn antibiotic when there is no follow-up appointment.

Chapter 329, Article 1, Section 7 (SF 2935)
Amends Minn. Stat. § 245A.07, subd. 2a
Effective May 14, 2010

Defines "reasonable cause" to mean the existence of "specific articulable facts or circumstances which provide the commissioner with a reasonable suspicion that there is an imminent risk of harm to the health, safety, or rights of persons served by the program." (Note: Current law contains the requirement that a finding of reasonable cause must be made to effect a temporary immediate suspension; the new provisions define "reasonable cause.")

Chapter 329, Article 1, Section 6 (SF 2935)
Amends Minn. Stat. § 245A.07, subd. 1
Effective August 1, 2010

A. Expiration of Provisional License
Clarifies that the provisional license expires on the day the final order is issued, unless the license holder prevails on appeal, in which case a new nonprovisional license must be issued for the remainder of the licensing period.

B. Additional Sanctions Permitted
Permits DHS to impose additional sanctions if a temporary provisional license holder violates any applicable law or rules while the temporary license is in effect.

C. Extensions Permitted
Permits DHS to issue a subsequent temporary provisional license if the initial temporary provisional license is set to expire while the matter is still pending appeal, so long as the license fee is paid.