Bill Text: MN HF2467 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Human services background studies requirements modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-16 - Secretary of State Chapter 250 [HF2467 Detail]
Download: Minnesota-2013-HF2467-Engrossed.html
1.2relating to human services; modifying requirements for human services
1.3background studies;amending Minnesota Statutes 2012, sections 245C.02, by
1.4adding subdivisions; 245C.03, subdivision 2, by adding a subdivision; 245C.04,
1.5subdivision 1; 245C.05, subdivisions 1, 2, 2c, 4, 5; 245C.07; 245C.13, subdivision
1.61; 245C.17, subdivision 1; 245C.20, by adding a subdivision; 245C.32, by adding
1.7subdivisions; Minnesota Statutes 2013 Supplement, section 245C.04, subdivision
1.84a; proposing coding for new law in Minnesota Statutes, chapter 245C.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 245C.02, is amended by adding a
1.11subdivision to read:
1.12 Subd. 4a. Authorized fingerprint collection vendor. "Authorized fingerprint
1.13collection vendor" means a qualified organization under a written contract with the
1.14commissioner to provide services in accordance with section 245C.05, subdivision 5,
1.15paragraph (d).
1.16 Sec. 2. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
1.17to read:
1.18 Subd. 13a. NETStudy. "NETStudy" means the commissioner's online system
1.19implemented in July 2004 and used by entities for submitting background study requests
1.20required under this chapter.
1.21 Sec. 3. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
1.22to read:
1.23 Subd. 13b. NETStudy 2.0. "NETStudy 2.0" means the commissioner's system
1.24that replaces both NETStudy and the department's internal background study processing
2.1system. NETStudy 2.0 is designed to enhance protection of children and vulnerable adults
2.2by improving the accuracy of background studies through fingerprint-based criminal record
2.3checks and expanding the background studies to include a review of information from
2.4the Minnesota Court Information System and the national crime information database.
2.5NETStudy 2.0 is also designed to increase efficiencies in and speed of the hiring process by:
2.6(1) providing access to and updates from public Web-based data related to
2.7employment eligibility;
2.8(2) decreasing the need for repeat studies through electronic updates of background
2.9study subjects' criminal records;
2.10(3) supporting identity verification using subjects' Social Security numbers and
2.11photographs;
2.12(4) using electronic employer notifications; and
2.13(5) issuing immediate verification of subjects' eligibility to provide services as more
2.14studies are completed under the NETStudy 2.0 system.
2.15 Sec. 4. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
2.16to read:
2.17 Subd. 17a. Roster. (a) "Roster" means the electronic method used to identify the
2.18entity or entities required to conduct background studies under this chapter with which a
2.19background subject is affiliated. There are three types of rosters: active roster, inactive
2.20roster, and master roster.
2.21(b) "Active roster" means the list of individuals specific to an entity who have been
2.22determined eligible under this chapter to provide services for the entity and who the entity
2.23has identified as affiliated. An individual shall remain on the entity's active roster and is
2.24considered affiliated until the commissioner determines the individual is ineligible or the
2.25entity removes the individual from the entity's active roster.
2.26(c) "Inactive roster" means the list maintained by the commissioner of individuals
2.27who are eligible under this chapter to provide services and are not on an active roster.
2.28Individuals shall remain on the inactive roster for no more than 180 consecutive days,
2.29unless the individual submits a written request to the commissioner requesting to remain
2.30on the inactive roster for a longer period of time. Upon the commissioner's receipt of
2.31information that may cause an individual on the inactive roster to be disqualified under
2.32this chapter, the commissioner shall remove the individual from the inactive roster, and if
2.33the individual again seeks a position requiring a background study, the individual shall be
2.34required to complete a new background study.
3.1(d) "Master roster" means the list maintained by the commissioner of all individuals
3.2who, as a result of a background study under this chapter, and regardless of affiliation with
3.3an entity, are determined by the commissioner to be eligible to provide services for one
3.4or more entities. The master roster includes all background study subjects on rosters
3.5under paragraphs (b) and (c).
3.6 Sec. 5. Minnesota Statutes 2012, section 245C.03, subdivision 2, is amended to read:
3.7 Subd. 2. Personal care provider organizations and community first services and
3.8supports workers. The commissioner shall conduct background studies on any individual
3.9required under sections256B.0651 to 256B.0656 and, 256B.0659, and 256B.85 to have a
3.10background study completed under this chapter.
3.11 Sec. 6. Minnesota Statutes 2012, section 245C.03, is amended by adding a subdivision
3.12to read:
3.13 Subd. 8. Self-initiated background studies. Upon implementation of NETStudy
3.142.0, the commissioner shall conduct background studies according to this chapter when
3.15initiated by an individual who is not on the master roster. A subject under this subdivision
3.16who is not disqualified must be placed on the inactive roster.
3.17 Sec. 7. Minnesota Statutes 2012, section 245C.04, subdivision 1, is amended to read:
3.18 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
3.19background study of an individual required to be studied under section245C.03,
3.20subdivision 1 , at least upon application for initial license for all license types.
3.21 (b) The commissioner shall conduct a background study of an individual required
3.22to be studied under section245C.03, subdivision 1 , at reapplication for a license for
3.23family child care.
3.24 (c) The commissioner is not required to conduct a study of an individual at the time
3.25of reapplication for a license if the individual's background study was completed by the
3.26commissioner of human services for an adult foster care license holder that is also:
3.27 (1) registered under chapter 144D; or
3.28 (2) licensed to provide home and community-based services to people with
3.29disabilities at the foster care location and the license holder does not reside in the foster
3.30care residence; and
3.31 (3) the following conditions are met:
3.32 (i) a study of the individual was conducted either at the time of initial licensure or
3.33when the individual became affiliated with the license holder;
4.1 (ii) the individual has been continuously affiliated with the license holder since
4.2the last study was conducted; and
4.3 (iii) the last study of the individual was conducted on or after October 1, 1995.
4.4 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
4.5conduct a study of an individual required to be studied under section245C.03 , at the
4.6time of reapplication for a child foster care license. The county or private agency shall
4.7collect and forward to the commissioner the information required under section245C.05 ,
4.8subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
4.9study conducted by the commissioner of human services under this paragraph must
4.10include a review of the information required under section245C.08, subdivisions 1 ,
4.11paragraph (a), clauses (1) to (5), 3, and 4.
4.12 (e) The commissioner of human services shall conduct a background study of an
4.13individual specified under section245C.03, subdivision 1 , paragraph (a), clauses (2)
4.14to (6), who is newly affiliated with a child foster care license holder. The county or
4.15private agency shall collect and forward to the commissioner the information required
4.16under section245C.05, subdivisions 1 and 5. The background study conducted by the
4.17commissioner of human services under this paragraph must include a review of the
4.18information required under section245C.08, subdivisions 1 , 3, and 4.
4.19 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
4.20paragraph (c), the commissioner shall conduct a study of an individual required to
4.21be studied under section245C.03 at the time of reapplication for an adult foster care
4.22or family adult day services license: (1) the county shall collect and forward to the
4.23commissioner the information required under section245C.05, subdivision 1 , paragraphs
4.24(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
4.25by the commissioner for all family adult day services and for adult foster care when
4.26the adult foster care license holder resides in the adult foster care or family adult day
4.27services residence; (2) the license holder shall collect and forward to the commissioner
4.28the information required under section245C.05, subdivisions 1 , paragraphs (a) and (b);
4.29and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
4.30adult foster care when the license holder does not reside in the adult foster care residence;
4.31and (3) the background study conducted by the commissioner under this paragraph must
4.32include a review of the information required under section245C.08, subdivision 1 ,
4.33paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
4.34(g) The commissioner shall conduct a background study of an individual specified
4.35under section245C.03, subdivision 1 , paragraph (a), clauses (2) to (6), who is newly
4.36affiliated with an adult foster care or family adult day services license holder: (1) the
5.1county shall collect and forward to the commissioner the information required under
5.2section245C.05, subdivision 1 , paragraphs (a) and (b), and subdivision 5, paragraphs (a)
5.3and (b), for background studies conducted by the commissioner for all family adult day
5.4services and for adult foster care when the adult foster care license holder resides in
5.5the adult foster care residence; (2) the license holder shall collect and forward to the
5.6commissioner the information required under section245C.05, subdivisions 1 , paragraphs
5.7(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
5.8commissioner for adult foster care when the license holder does not reside in the adult
5.9foster care residence; and (3) the background study conducted by the commissioner under
5.10this paragraph must include a review of the information required under section245C.08,
5.11subdivision 1 , paragraph (a), and subdivisions 3 and 4.
5.12(h) Applicants for licensure, license holders, and other entities as provided in this
5.13chapter must submit completed background study forms to the commissioner before
5.14individuals specified in section245C.03, subdivision 1 , begin positions allowing direct
5.15contact in any licensed program.
5.16 (i)A license holder For an individual who is not on the entity's active roster,
5.17the entity must initiate a new background study through the commissioner's online
5.18background study system when:
5.19 (1) an individual returns to a position requiring a background study following an
5.20absence of 90 or more consecutive days; or
5.21 (2) a program that discontinued providing licensed direct contact services for 90 or
5.22more consecutive days begins to provide direct contact licensed services again.
5.23 The license holder shall maintain a copy of the notification provided to
5.24the commissioner under this paragraph in the program's files. If the individual's
5.25disqualification was previously set aside for the license holder's program and the new
5.26background study results in no new information that indicates the individual may pose a
5.27risk of harm to persons receiving services from the license holder, the previous set-aside
5.28shall remain in effect.
5.29 (j) For purposes of this section, a physician licensed under chapter 147 is considered
5.30to be continuously affiliated upon the license holder's receipt from the commissioner of
5.31health or human services of the physician's background study results.
5.32(k) For purposes of family child care, a substitute caregiver must receive repeat
5.33background studies at the time of each license renewal.
5.34 Sec. 8. Minnesota Statutes 2013 Supplement, section 245C.04, subdivision 4a, is
5.35amended to read:
6.1 Subd. 4a. Agency background studies; electronic criminal case information
6.2updates; rosters; and criteria for eliminating repeat background studies. (a) The
6.3commissioner shall develop and implement an electronic process as a part of NETStudy
6.42.0 for the regular transfer of new criminal case information that is added to the Minnesota
6.5court information system. The commissioner's system must include for review only
6.6information that relates to individuals whohave been the subject of a background study
6.7under this chapter that remain affiliated with the agency that initiated the background
6.8study. For purposes of this paragraph, an individual remains affiliated with an agency
6.9that initiated the background study until the agency informs the commissioner that the
6.10individual is no longer affiliated. When any individual no longer affiliated according to
6.11this paragraph returns to a position requiring a background study under this chapter, the
6.12agency with whom the individual is again affiliated shall initiate a new background study
6.13regardless of the length of time the individual was no longer affiliated with the agency
6.14 are on the master roster.
6.15(b) The commissioner shall develop and implement an online system as a part of
6.16NETStudy 2.0 for agencies that initiate background studies under this chapter to access
6.17and maintain records of background studies initiated by that agency. The system must
6.18show all active background study subjects affiliated with that agency and the status of
6.19each individual's background study. Each agency that initiates background studies must
6.20use this system to notify the commissioner of discontinued affiliation for purposes of the
6.21processes required under paragraph (a).
6.22(c) After an entity initiating a background study has paid the applicable fee for the
6.23study and has provided the individual with the privacy notice required under section
6.24245C.05, subdivision 2c, NETStudy 2.0 shall immediately inform the entity whether the
6.25individual requires a background study or whether the individual is immediately eligible
6.26to provide services based on a previous background study. If the individual is immediately
6.27eligible, the entity initiating the background study shall be able to view the information
6.28previously supplied by the individual who is the subject of a background study as required
6.29under section 245C.05, subdivision 1, including the individual's photograph taken at the
6.30time the individual's fingerprints were recorded. The commissioner shall not provide any
6.31entity initiating a subsequent background study with information regarding the other
6.32entities that initiated background studies on the subject.
6.33(d) Verification that an individual is eligible to provide services based on a previous
6.34background study is dependent on the individual voluntarily providing the individual's
6.35Social Security number to the commissioner at the time each background study is initiated.
6.36When an individual does not provide the individual's Social Security number for the
7.1background study, that study is not transferable and a repeat background study on that
7.2individual is required if the individual seeks a position requiring a background study under
7.3this chapter with another entity.
7.4 Sec. 9. Minnesota Statutes 2012, section 245C.05, subdivision 1, is amended to read:
7.5 Subdivision 1. Individual studied. (a) The individual who is the subject of the
7.6background study must provide the applicant, license holder, or other entity under section
7.7245C.04
with sufficient information to ensure an accurate study, including:
7.8 (1) the individual's first, middle, and last name and all other names by which the
7.9individual has been known;
7.10 (2) current home address, city, and state of residence;
7.11 (3) current zip code;
7.12 (4) sex;
7.13 (5) date of birth;and
7.14 (6) Minnesota driver's license number or state identification number.; and
7.15 (7) upon implementation of NETStudy 2.0, the home address, city, county, and
7.16state of residence for the past five years.
7.17 (b) Every subject of a background study conducted or initiated by counties or private
7.18agencies under this chapter must also provide the home address, city, county, and state of
7.19residence for the past five years.
7.20 (c) Every subject of a background study related to private agency adoptions or
7.21related to child foster care licensed through a private agency, who is 18 years of age
7.22or older, shall also provide the commissioner a signed consent for the release of any
7.23information received from national crime information databases to the private agency that
7.24initiated the background study.
7.25 (d) The subject of a background study shall provide fingerprints and a photograph as
7.26required in subdivision 5, paragraph (c).
7.27 Sec. 10. Minnesota Statutes 2012, section 245C.05, subdivision 2, is amended to read:
7.28 Subd. 2. Applicant, license holder, or other entity. (a) The applicant, license
7.29holder, or other entities as provided in this chapter shall verify that the information
7.30collected under subdivision 1 about an individual who is the subject of the background
7.31study is correct and must provide the information on forms or in a format prescribed by
7.32the commissioner.
7.33(b) The information collected under subdivision 1 about an individual who is the
7.34subject of a completed background study may only be viewable by an entity that initiates
8.1a subsequent background study on that individual under NETStudy 2.0 after the entity
8.2has paid the applicable fee for the study and has provided the individual with the privacy
8.3notice in subdivision 2c.
8.4 Sec. 11. Minnesota Statutes 2012, section 245C.05, subdivision 2c, is amended to read:
8.5 Subd. 2c. Privacy notice to background study subject. (a)For every Prior
8.6to initiating each background study, the entity initiating the study must provide the
8.7commissioner's privacy notice to the background study subject required under section
8.813.04, subdivision 2
, that is provided. The notice must be available through the
8.9commissioner's electronic NETStudysystem or through the commissioner's background
8.10study forms and NETStudy 2.0 systems and shall include the information in paragraph
8.11 paragraphs (b) and (c).
8.12(b) The background study subject shall be informed that any previous background
8.13studies that received a set-aside will be reviewed, and without further contact with the
8.14background study subject, the commissioner may notify the agency that initiated the
8.15subsequent background study:
8.16(1) that the individual has a disqualification that has been set aside for the program
8.17or agency that initiated the study;
8.18(2) the reason for the disqualification; and
8.19(3) that information about the decision to set aside the disqualification will be
8.20available to the license holder upon request without the consent of the background study
8.21subject.
8.22(c) The background study subject must also be informed that:
8.23(1) the subject's fingerprints collected for purposes of completing the background
8.24study under this chapter must not be retained by the Department of Public Safety, Bureau
8.25of Criminal Apprehension, or by the commissioner, but will be retained by the Federal
8.26Bureau of Investigation;
8.27(2) effective upon implementation of NETStudy 2.0, the subject's photographic
8.28image will be retained by the commissioner, and if the subject has provided the subject's
8.29Social Security number for purposes of the background study, the photographic image will
8.30be available to prospective employers and agencies initiating background studies under
8.31this chapter to verify the identity of the subject of the background study;
8.32(3) the commissioner's authorized fingerprint collection vendor shall, for purposes
8.33of verifying the identity of the background study subject, be able to view the identifying
8.34information entered into NETStudy 2.0 by the entity that initiated the background study,
8.35but shall not retain the subject's fingerprints, photograph, or information from NETStudy
9.12.0. The authorized fingerprint collection vendor shall retain no more than the subject's
9.2name and the date and time the subject's fingerprints were recorded and sent, only as
9.3necessary for auditing and billing activities;
9.4(4) the commissioner shall provide the subject notice, as required in section 245C.17,
9.5subdivision 1, paragraph (a), when an entity initiates a background study on the individual;
9.6(5) the subject may request in writing a report listing the entities that initiated
9.7a background study on the individual as provided in section 245C.17, subdivision 1,
9.8paragraph (b);
9.9(6) the subject may request in writing that information used to complete the
9.10individual's background study in NETStudy 2.0 be destroyed if the requirements of section
9.11245C.051, paragraph (a), are met; and
9.12(7) notwithstanding clause (6), the commissioner shall destroy:
9.13(i) the subject's photograph after a period of two years when the requirements of
9.14section 245C.051, paragraph (c), are met; and
9.15(ii) any data collected on a subject under this chapter after a period of two years
9.16following the individual's death as provided in section 245C.051, paragraph (d).
9.17 Sec. 12. Minnesota Statutes 2012, section 245C.05, subdivision 4, is amended to read:
9.18 Subd. 4. Electronic transmission. (a) For background studies conducted by the
9.19Department of Human Services, the commissioner shall implement a secure system for the
9.20electronic transmission of:
9.21 (1) background study information to the commissioner;
9.22 (2) background study results to the license holder;
9.23 (3) background study results to county and private agencies for background studies
9.24conducted by the commissioner for child foster care; and
9.25(4) background study results to county agencies for background studies conducted
9.26by the commissioner for adult foster care and family adult day services.
9.27(b) Unless the commissioner has granted a hardship variance under paragraph (c),
9.28a license holder or an applicant must use the electronic transmission system known
9.29as NETStudy or NETStudy 2.0 to submit all requests for background studies to the
9.30commissioner as required by this chapter.
9.31(c) A license holder or applicant whose program is located in an area in which
9.32high-speed Internet is inaccessible may request the commissioner to grant a variance to
9.33the electronic transmission requirement.
9.34 Sec. 13. Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:
10.1 Subd. 5. Fingerprints and photograph. (a) Before the implementation of
10.2NETStudy 2.0, except as provided in paragraph (c), for any background study completed
10.3under this chapter, when the commissioner has reasonable cause to believe that further
10.4pertinent information may exist on the subject of the background study, the subject
10.5shall provide the commissioner with a set of classifiable fingerprints obtained from an
10.6authorized agency.
10.7 (b) Before the implementation of NETStudy 2.0, for purposes of requiring
10.8fingerprints, the commissioner has reasonable cause when, but not limited to, the:
10.9 (1) information from the Bureau of Criminal Apprehension indicates that the subject
10.10is a multistate offender;
10.11 (2) information from the Bureau of Criminal Apprehension indicates that multistate
10.12offender status is undetermined; or
10.13 (3) commissioner has received a report from the subject or a third party indicating
10.14that the subject has a criminal history in a jurisdiction other than Minnesota.
10.15 (c)Except as specified under section
245C.04, subdivision 1, Notwithstanding
10.16 paragraph (d), for background studies conducted by the commissioner for child foster
10.17care or adoptions, the subject of the background study, who is 18 years of age or older,
10.18shall provide the commissioner with a set of classifiable fingerprints obtained from an
10.19authorized agency.
10.20 (d) For background studies initiated on or after the implementation of NETStudy
10.212.0, every subject of a background study must provide the commissioner with a set of the
10.22background study subject's classifiable fingerprints and photograph. The photograph
10.23and fingerprints must be recorded at the same time by the commissioner's authorized
10.24fingerprint collection vendor and sent to the commissioner through the commissioner's
10.25secure data system described in section 245C.32, subdivision 1a, paragraph (b). The
10.26fingerprints shall not be retained by the Department of Public Safety, Bureau of Criminal
10.27Apprehension, or the commissioner, but will be retained by the Federal Bureau of
10.28Investigation. The commissioner's authorized fingerprint collection vendor shall, for
10.29purposes of verifying the identity of the background study subject, be able to view
10.30the identifying information entered into NETStudy 2.0 by the entity that initiated the
10.31background study, but shall not retain the subject's fingerprints, photograph, or information
10.32from NETStudy 2.0. The authorized fingerprint collection vendor shall retain no more
10.33than the name and date and time the subject's fingerprints were recorded and sent, only as
10.34necessary for auditing and billing activities.
11.1 Sec. 14. [245C.051] DESTRUCTION OF BACKGROUND STUDY SUBJECT
11.2INFORMATION.
11.3(a) A background study subject may request in writing to the commissioner that
11.4information used to complete the individual's study in NETStudy 2.0 be destroyed if
11.5the individual:
11.6(1) has not been affiliated with any entity for the previous two years; and
11.7(2) has no current disqualifying characteristic.
11.8(b) After receiving the request and verifying the information in paragraph (a), the
11.9commissioner shall destroy the information used to complete the subject's background
11.10study and shall keep a record of the subject's name and a notation of the date that the
11.11information was destroyed.
11.12(c) When a previously studied individual has not been on the master roster for two
11.13years, the commissioner shall destroy the photographic image of the individual obtained
11.14under section 245C.05, subdivision 5, paragraph (d).
11.15(d) Any data collected on an individual under this chapter that is maintained by the
11.16commissioner that has not been destroyed according to paragraph (b) or (c), shall be
11.17destroyed when two years have elapsed from the individual's actual death that is reported
11.18to the commissioner or when 90 years have elapsed since the individual's birth except
11.19when readily available data indicate that the individual is still living.
11.20 Sec. 15. Minnesota Statutes 2012, section 245C.07, is amended to read:
11.21245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
11.22 (a) Subject to the conditions in paragraph (d), when a license holder, applicant, or
11.23other entity owns multiple programs or services that are licensed by the Department
11.24of Human Services, Department of Health, or Department of Corrections, only one
11.25background study is required for an individual who provides direct contact services in one
11.26or more of the licensed programs or services if:
11.27 (1) the license holder designates one individual with one address and telephone
11.28number as the person to receive sensitive background study information for the multiple
11.29licensed programs or services that depend on the same background study; and
11.30 (2) the individual designated to receive the sensitive background study information
11.31is capable of determining, upon request of the department, whether a background study
11.32subject is providing direct contact services in one or more of the license holder's programs
11.33or services and, if so, at which location or locations.
11.34 (b) When a license holder maintains background study compliance for multiple
11.35licensed programs according to paragraph (a), and one or more of the licensed programs
12.1closes, the license holder shall immediately notify the commissioner which staff must be
12.2transferred to an active license so that the background studies can be electronically paired
12.3with the license holder's active program.
12.4 (c) When a background study is being initiated by a licensed program or service or a
12.5foster care provider that is also registered under chapter 144D, a study subject affiliated
12.6with multiple licensed programs or services may attach to the background study form a
12.7cover letter indicating the additional names of the programs or services, addresses, and
12.8background study identification numbers.
12.9 When the commissioner receives a notice, the commissioner shall notify each
12.10program or service identified by the background study subject of the study results.
12.11 The background study notice the commissioner sends to the subsequent agencies
12.12shall satisfy those programs' or services' responsibilities for initiating a background study
12.13on that individual.
12.14(d) If a background study was conducted on an individual related to child foster care
12.15and the requirements under paragraph (a) are met, the background study is transferable
12.16across all licensed programs. If a background study was conducted on an individual under
12.17a license other than child foster care and the requirements under paragraph (a) are met, the
12.18background study is transferable to all licensed programs except child foster care.
12.19(e) The provisions of this section that allow a single background study in one
12.20or more licensed programs or services do not apply to background studies submitted
12.21by adoption agencies, supplemental nursing services agencies, personnel agencies,
12.22educational programs, professional services agencies, and unlicensed personal care
12.23provider organizations.
12.24(f) For an entity operating under NETStudy 2.0, the entity's active roster must be
12.25the system used to document when a background study subject is affiliated with multiple
12.26entities.
12.27 Sec. 16. Minnesota Statutes 2012, section 245C.13, subdivision 1, is amended to read:
12.28 Subdivision 1. Timing. Upon receipt of the background study forms from an
12.29applicant, license holder, or other entity as provided in this chapter required to initiate
12.30a background study under section245C.04 , the commissioner shall complete the
12.31background study and provide the notice required under section245C.17, subdivision 1 ,
12.32within 15 working days.
12.33 Sec. 17. Minnesota Statutes 2012, section 245C.17, subdivision 1, is amended to read:
13.1 Subdivision 1. Time frame for notice of study results and auditing system
13.2access.(a) Within 15 working days after the commissioner's receipt of the background
13.3study form, the commissioner shall notify the individual who is the subject of the study
13.4in writing or by electronic transmission of the results of the study or that more time
13.5is needed to complete the study.
13.6(b) (a) Within 15 three working days after the commissioner's receipt of the a request
13.7for a background studyform submitted on paper through the commissioner's NETStudy
13.8or NETStudy 2.0 system, the commissioner shall notify theapplicant, background study
13.9subject and the license holder, or other entity as provided in this chapter in writing or by
13.10electronic transmission of the results of the study or that more time is needed to complete
13.11the study. The notice to the individual shall include the identity of the entity that initiated
13.12the background study.
13.13(c) Within three days after the commissioner's receipt of a request for a background
13.14study submitted through the commissioner's online system, the commissioner shall
13.15provide an electronic notification to the applicant, license holder, or other entity as
13.16provided in this chapter. The electronic notification shall disclose the results of the study
13.17or that more time is needed to complete the study. (b) Before being provided access to
13.18NETStudy 2.0, the license holder or other entity under section 245C.04 shall sign an
13.19acknowledgment of responsibilities form developed by the commissioner that includes
13.20identifying the sensitive background study information person, who must be an employee
13.21of the license holder or entity. All queries to NETStudy 2.0 are electronically recorded
13.22and subject to audit by the commissioner. The electronic record shall identify the specific
13.23user. A background study subject may request in writing to the commissioner a report
13.24listing the entities that initiated a background study on the individual.
13.25(d) (c) When the commissioner has completed a prior background study on an
13.26individual that resulted in an order for immediate removal and more time is necessary to
13.27complete a subsequent study, the notice that more time is needed that is issued under
13.28paragraphs paragraph (a), (b), and (c) shall include an order for immediate removal of the
13.29individual from any position allowing direct contact with or access to people receiving
13.30services pending completion of the background study.
13.31 Sec. 18. Minnesota Statutes 2012, section 245C.20, is amended by adding a
13.32subdivision to read:
13.33 Subd. 3. Background studies identified on active rosters. The requirements in
13.34subdivisions 1 and 2 are met for entities for which active rosters are implemented and for
13.35whom all individuals affiliated with the entity are recorded on the active roster.
14.1 Sec. 19. Minnesota Statutes 2012, section 245C.32, is amended by adding a
14.2subdivision to read:
14.3 Subd. 1a. NETStudy 2.0 system. (a) The commissioner shall design, develop, and
14.4test the NETStudy 2.0 system and implement it no later than September 1, 2015.
14.5(b) The NETStudy 2.0 system developed and implemented by the commissioner
14.6shall incorporate and meet all applicable data security standards and policies required
14.7by the Federal Bureau of Investigation (FBI), Department of Public Safety, Bureau of
14.8Criminal Apprehension, and the MN.IT Services Department. The system shall meet
14.9all required standards for encryption of data at the database level as well as encryption
14.10of data that travels electronically among agencies initiating background studies, the
14.11commissioner's authorized fingerprint collection vendor, the commissioner, the Bureau of
14.12Criminal Apprehension, and in cases involving national criminal record checks, the FBI.
14.13(c) The data system developed and implemented by the commissioner shall
14.14incorporate a system of data security that allows the commissioner to control access to the
14.15data field level by the commissioner's employees. The commissioner shall establish that
14.16employees have access to the minimum amount of private data on any individual as is
14.17necessary to perform their duties under this chapter.
14.18(d) The commissioner shall oversee regular quality and compliance audits of the
14.19authorized fingerprint collection vendor.
14.20 Sec. 20. Minnesota Statutes 2012, section 245C.32, is amended by adding a
14.21subdivision to read:
14.22 Subd. 1b. Civil remedies. When accessing private data on individuals through
14.23NETStudy 2.0, entities that are authorized to initiate background studies and the
14.24commissioner's authorized fingerprint collection vendors shall be subject to all
14.25responsibilities and civil remedies applicable to a responsible authority or government
14.26entity as specified under section 13.08.
1.3background studies;amending Minnesota Statutes 2012, sections 245C.02, by
1.4adding subdivisions; 245C.03, subdivision 2, by adding a subdivision; 245C.04,
1.5subdivision 1; 245C.05, subdivisions 1, 2, 2c, 4, 5; 245C.07; 245C.13, subdivision
1.61; 245C.17, subdivision 1; 245C.20, by adding a subdivision; 245C.32, by adding
1.7subdivisions; Minnesota Statutes 2013 Supplement, section 245C.04, subdivision
1.84a; proposing coding for new law in Minnesota Statutes, chapter 245C.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 245C.02, is amended by adding a
1.11subdivision to read:
1.12 Subd. 4a. Authorized fingerprint collection vendor. "Authorized fingerprint
1.13collection vendor" means a qualified organization under a written contract with the
1.14commissioner to provide services in accordance with section 245C.05, subdivision 5,
1.15paragraph (d).
1.16 Sec. 2. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
1.17to read:
1.18 Subd. 13a. NETStudy. "NETStudy" means the commissioner's online system
1.19implemented in July 2004 and used by entities for submitting background study requests
1.20required under this chapter.
1.21 Sec. 3. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
1.22to read:
1.23 Subd. 13b. NETStudy 2.0. "NETStudy 2.0" means the commissioner's system
1.24that replaces both NETStudy and the department's internal background study processing
2.1system. NETStudy 2.0 is designed to enhance protection of children and vulnerable adults
2.2by improving the accuracy of background studies through fingerprint-based criminal record
2.3checks and expanding the background studies to include a review of information from
2.4the Minnesota Court Information System and the national crime information database.
2.5NETStudy 2.0 is also designed to increase efficiencies in and speed of the hiring process by:
2.6(1) providing access to and updates from public Web-based data related to
2.7employment eligibility;
2.8(2) decreasing the need for repeat studies through electronic updates of background
2.9study subjects' criminal records;
2.10(3) supporting identity verification using subjects' Social Security numbers and
2.11photographs;
2.12(4) using electronic employer notifications; and
2.13(5) issuing immediate verification of subjects' eligibility to provide services as more
2.14studies are completed under the NETStudy 2.0 system.
2.15 Sec. 4. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
2.16to read:
2.17 Subd. 17a. Roster. (a) "Roster" means the electronic method used to identify the
2.18entity or entities required to conduct background studies under this chapter with which a
2.19background subject is affiliated. There are three types of rosters: active roster, inactive
2.20roster, and master roster.
2.21(b) "Active roster" means the list of individuals specific to an entity who have been
2.22determined eligible under this chapter to provide services for the entity and who the entity
2.23has identified as affiliated. An individual shall remain on the entity's active roster and is
2.24considered affiliated until the commissioner determines the individual is ineligible or the
2.25entity removes the individual from the entity's active roster.
2.26(c) "Inactive roster" means the list maintained by the commissioner of individuals
2.27who are eligible under this chapter to provide services and are not on an active roster.
2.28Individuals shall remain on the inactive roster for no more than 180 consecutive days,
2.29unless the individual submits a written request to the commissioner requesting to remain
2.30on the inactive roster for a longer period of time. Upon the commissioner's receipt of
2.31information that may cause an individual on the inactive roster to be disqualified under
2.32this chapter, the commissioner shall remove the individual from the inactive roster, and if
2.33the individual again seeks a position requiring a background study, the individual shall be
2.34required to complete a new background study.
3.1(d) "Master roster" means the list maintained by the commissioner of all individuals
3.2who, as a result of a background study under this chapter, and regardless of affiliation with
3.3an entity, are determined by the commissioner to be eligible to provide services for one
3.4or more entities. The master roster includes all background study subjects on rosters
3.5under paragraphs (b) and (c).
3.6 Sec. 5. Minnesota Statutes 2012, section 245C.03, subdivision 2, is amended to read:
3.7 Subd. 2. Personal care provider organizations and community first services and
3.8supports workers. The commissioner shall conduct background studies on any individual
3.9required under sections
3.10background study completed under this chapter.
3.11 Sec. 6. Minnesota Statutes 2012, section 245C.03, is amended by adding a subdivision
3.12to read:
3.13 Subd. 8. Self-initiated background studies. Upon implementation of NETStudy
3.142.0, the commissioner shall conduct background studies according to this chapter when
3.15initiated by an individual who is not on the master roster. A subject under this subdivision
3.16who is not disqualified must be placed on the inactive roster.
3.17 Sec. 7. Minnesota Statutes 2012, section 245C.04, subdivision 1, is amended to read:
3.18 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
3.19background study of an individual required to be studied under section
3.20subdivision 1
3.21 (b) The commissioner shall conduct a background study of an individual required
3.22to be studied under section
3.23family child care.
3.24 (c) The commissioner is not required to conduct a study of an individual at the time
3.25of reapplication for a license if the individual's background study was completed by the
3.26commissioner of human services for an adult foster care license holder that is also:
3.27 (1) registered under chapter 144D; or
3.28 (2) licensed to provide home and community-based services to people with
3.29disabilities at the foster care location and the license holder does not reside in the foster
3.30care residence; and
3.31 (3) the following conditions are met:
3.32 (i) a study of the individual was conducted either at the time of initial licensure or
3.33when the individual became affiliated with the license holder;
4.1 (ii) the individual has been continuously affiliated with the license holder since
4.2the last study was conducted; and
4.3 (iii) the last study of the individual was conducted on or after October 1, 1995.
4.4 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
4.5conduct a study of an individual required to be studied under section
4.6time of reapplication for a child foster care license. The county or private agency shall
4.7collect and forward to the commissioner the information required under section
4.8subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
4.9study conducted by the commissioner of human services under this paragraph must
4.10include a review of the information required under section
4.11paragraph (a), clauses (1) to (5), 3, and 4.
4.12 (e) The commissioner of human services shall conduct a background study of an
4.13individual specified under section
4.14to (6), who is newly affiliated with a child foster care license holder. The county or
4.15private agency shall collect and forward to the commissioner the information required
4.16under section
4.17commissioner of human services under this paragraph must include a review of the
4.18information required under section
4.19 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
4.20paragraph (c), the commissioner shall conduct a study of an individual required to
4.21be studied under section
4.22or family adult day services license: (1) the county shall collect and forward to the
4.23commissioner the information required under section
4.24(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
4.25by the commissioner for all family adult day services and for adult foster care when
4.26the adult foster care license holder resides in the adult foster care or family adult day
4.27services residence; (2) the license holder shall collect and forward to the commissioner
4.28the information required under section
4.29and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
4.30adult foster care when the license holder does not reside in the adult foster care residence;
4.31and (3) the background study conducted by the commissioner under this paragraph must
4.32include a review of the information required under section
4.33paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
4.34(g) The commissioner shall conduct a background study of an individual specified
4.35under section
4.36affiliated with an adult foster care or family adult day services license holder: (1) the
5.1county shall collect and forward to the commissioner the information required under
5.2section
5.3and (b), for background studies conducted by the commissioner for all family adult day
5.4services and for adult foster care when the adult foster care license holder resides in
5.5the adult foster care residence; (2) the license holder shall collect and forward to the
5.6commissioner the information required under section
5.7(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
5.8commissioner for adult foster care when the license holder does not reside in the adult
5.9foster care residence; and (3) the background study conducted by the commissioner under
5.10this paragraph must include a review of the information required under section
5.11subdivision 1
5.12(h) Applicants for licensure, license holders, and other entities as provided in this
5.13chapter must submit completed background study forms to the commissioner before
5.14individuals specified in section
5.15contact in any licensed program.
5.16 (i)
5.17the entity must initiate a new background study through the commissioner's online
5.18background study system when:
5.19 (1) an individual returns to a position requiring a background study following an
5.20absence of 90 or more consecutive days; or
5.21 (2) a program that discontinued providing licensed direct contact services for 90 or
5.22more consecutive days begins to provide direct contact licensed services again.
5.23 The license holder shall maintain a copy of the notification provided to
5.24the commissioner under this paragraph in the program's files. If the individual's
5.25disqualification was previously set aside for the license holder's program and the new
5.26background study results in no new information that indicates the individual may pose a
5.27risk of harm to persons receiving services from the license holder, the previous set-aside
5.28shall remain in effect.
5.29 (j) For purposes of this section, a physician licensed under chapter 147 is considered
5.30to be continuously affiliated upon the license holder's receipt from the commissioner of
5.31health or human services of the physician's background study results.
5.32(k) For purposes of family child care, a substitute caregiver must receive repeat
5.33background studies at the time of each license renewal.
5.34 Sec. 8. Minnesota Statutes 2013 Supplement, section 245C.04, subdivision 4a, is
5.35amended to read:
6.1 Subd. 4a. Agency background studies; electronic criminal case information
6.2updates; rosters; and criteria for eliminating repeat background studies. (a) The
6.3commissioner shall develop and implement an electronic process as a part of NETStudy
6.42.0 for the regular transfer of new criminal case information that is added to the Minnesota
6.5court information system. The commissioner's system must include for review only
6.6information that relates to individuals who
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14 are on the master roster.
6.15(b) The commissioner shall develop and implement an online system as a part of
6.16NETStudy 2.0 for agencies that initiate background studies under this chapter to access
6.17and maintain records of background studies initiated by that agency. The system must
6.18show all active background study subjects affiliated with that agency and the status of
6.19each individual's background study. Each agency that initiates background studies must
6.20use this system to notify the commissioner of discontinued affiliation for purposes of the
6.21processes required under paragraph (a).
6.22(c) After an entity initiating a background study has paid the applicable fee for the
6.23study and has provided the individual with the privacy notice required under section
6.24245C.05, subdivision 2c, NETStudy 2.0 shall immediately inform the entity whether the
6.25individual requires a background study or whether the individual is immediately eligible
6.26to provide services based on a previous background study. If the individual is immediately
6.27eligible, the entity initiating the background study shall be able to view the information
6.28previously supplied by the individual who is the subject of a background study as required
6.29under section 245C.05, subdivision 1, including the individual's photograph taken at the
6.30time the individual's fingerprints were recorded. The commissioner shall not provide any
6.31entity initiating a subsequent background study with information regarding the other
6.32entities that initiated background studies on the subject.
6.33(d) Verification that an individual is eligible to provide services based on a previous
6.34background study is dependent on the individual voluntarily providing the individual's
6.35Social Security number to the commissioner at the time each background study is initiated.
6.36When an individual does not provide the individual's Social Security number for the
7.1background study, that study is not transferable and a repeat background study on that
7.2individual is required if the individual seeks a position requiring a background study under
7.3this chapter with another entity.
7.4 Sec. 9. Minnesota Statutes 2012, section 245C.05, subdivision 1, is amended to read:
7.5 Subdivision 1. Individual studied. (a) The individual who is the subject of the
7.6background study must provide the applicant, license holder, or other entity under section
7.8 (1) the individual's first, middle, and last name and all other names by which the
7.9individual has been known;
7.10 (2) current home address, city, and state of residence;
7.11 (3) current zip code;
7.12 (4) sex;
7.13 (5) date of birth;
7.14 (6) Minnesota driver's license number or state identification number
7.15 (7) upon implementation of NETStudy 2.0, the home address, city, county, and
7.16state of residence for the past five years.
7.17 (b) Every subject of a background study conducted or initiated by counties or private
7.18agencies under this chapter must also provide the home address, city, county, and state of
7.19residence for the past five years.
7.20 (c) Every subject of a background study related to private agency adoptions or
7.21related to child foster care licensed through a private agency, who is 18 years of age
7.22or older, shall also provide the commissioner a signed consent for the release of any
7.23information received from national crime information databases to the private agency that
7.24initiated the background study.
7.25 (d) The subject of a background study shall provide fingerprints and a photograph as
7.26required in subdivision 5
7.27 Sec. 10. Minnesota Statutes 2012, section 245C.05, subdivision 2, is amended to read:
7.28 Subd. 2. Applicant, license holder, or other entity. (a) The applicant, license
7.29holder, or other entities as provided in this chapter shall verify that the information
7.30collected under subdivision 1 about an individual who is the subject of the background
7.31study is correct and must provide the information on forms or in a format prescribed by
7.32the commissioner.
7.33(b) The information collected under subdivision 1 about an individual who is the
7.34subject of a completed background study may only be viewable by an entity that initiates
8.1a subsequent background study on that individual under NETStudy 2.0 after the entity
8.2has paid the applicable fee for the study and has provided the individual with the privacy
8.3notice in subdivision 2c.
8.4 Sec. 11. Minnesota Statutes 2012, section 245C.05, subdivision 2c, is amended to read:
8.5 Subd. 2c. Privacy notice to background study subject. (a)
8.6to initiating each background study, the entity initiating the study must provide the
8.7commissioner's privacy notice to the background study subject required under section
8.9commissioner's electronic NETStudy
8.10
8.11 paragraphs (b) and (c).
8.12(b) The background study subject shall be informed that any previous background
8.13studies that received a set-aside will be reviewed, and without further contact with the
8.14background study subject, the commissioner may notify the agency that initiated the
8.15subsequent background study:
8.16(1) that the individual has a disqualification that has been set aside for the program
8.17or agency that initiated the study;
8.18(2) the reason for the disqualification; and
8.19(3) that information about the decision to set aside the disqualification will be
8.20available to the license holder upon request without the consent of the background study
8.21subject.
8.22(c) The background study subject must also be informed that:
8.23(1) the subject's fingerprints collected for purposes of completing the background
8.24study under this chapter must not be retained by the Department of Public Safety, Bureau
8.25of Criminal Apprehension, or by the commissioner, but will be retained by the Federal
8.26Bureau of Investigation;
8.27(2) effective upon implementation of NETStudy 2.0, the subject's photographic
8.28image will be retained by the commissioner, and if the subject has provided the subject's
8.29Social Security number for purposes of the background study, the photographic image will
8.30be available to prospective employers and agencies initiating background studies under
8.31this chapter to verify the identity of the subject of the background study;
8.32(3) the commissioner's authorized fingerprint collection vendor shall, for purposes
8.33of verifying the identity of the background study subject, be able to view the identifying
8.34information entered into NETStudy 2.0 by the entity that initiated the background study,
8.35but shall not retain the subject's fingerprints, photograph, or information from NETStudy
9.12.0. The authorized fingerprint collection vendor shall retain no more than the subject's
9.2name and the date and time the subject's fingerprints were recorded and sent, only as
9.3necessary for auditing and billing activities;
9.4(4) the commissioner shall provide the subject notice, as required in section 245C.17,
9.5subdivision 1, paragraph (a), when an entity initiates a background study on the individual;
9.6(5) the subject may request in writing a report listing the entities that initiated
9.7a background study on the individual as provided in section 245C.17, subdivision 1,
9.8paragraph (b);
9.9(6) the subject may request in writing that information used to complete the
9.10individual's background study in NETStudy 2.0 be destroyed if the requirements of section
9.11245C.051, paragraph (a), are met; and
9.12(7) notwithstanding clause (6), the commissioner shall destroy:
9.13(i) the subject's photograph after a period of two years when the requirements of
9.14section 245C.051, paragraph (c), are met; and
9.15(ii) any data collected on a subject under this chapter after a period of two years
9.16following the individual's death as provided in section 245C.051, paragraph (d).
9.17 Sec. 12. Minnesota Statutes 2012, section 245C.05, subdivision 4, is amended to read:
9.18 Subd. 4. Electronic transmission. (a) For background studies conducted by the
9.19Department of Human Services, the commissioner shall implement a secure system for the
9.20electronic transmission of:
9.21 (1) background study information to the commissioner;
9.22 (2) background study results to the license holder;
9.23 (3) background study results to county and private agencies for background studies
9.24conducted by the commissioner for child foster care; and
9.25(4) background study results to county agencies for background studies conducted
9.26by the commissioner for adult foster care and family adult day services.
9.27(b) Unless the commissioner has granted a hardship variance under paragraph (c),
9.28a license holder or an applicant must use the electronic transmission system known
9.29as NETStudy or NETStudy 2.0 to submit all requests for background studies to the
9.30commissioner as required by this chapter.
9.31(c) A license holder or applicant whose program is located in an area in which
9.32high-speed Internet is inaccessible may request the commissioner to grant a variance to
9.33the electronic transmission requirement.
9.34 Sec. 13. Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:
10.1 Subd. 5. Fingerprints and photograph. (a) Before the implementation of
10.2NETStudy 2.0, except as provided in paragraph (c), for any background study completed
10.3under this chapter, when the commissioner has reasonable cause to believe that further
10.4pertinent information may exist on the subject of the background study, the subject
10.5shall provide the commissioner with a set of classifiable fingerprints obtained from an
10.6authorized agency.
10.7 (b) Before the implementation of NETStudy 2.0, for purposes of requiring
10.8fingerprints, the commissioner has reasonable cause when, but not limited to, the:
10.9 (1) information from the Bureau of Criminal Apprehension indicates that the subject
10.10is a multistate offender;
10.11 (2) information from the Bureau of Criminal Apprehension indicates that multistate
10.12offender status is undetermined; or
10.13 (3) commissioner has received a report from the subject or a third party indicating
10.14that the subject has a criminal history in a jurisdiction other than Minnesota.
10.15 (c)
10.16 paragraph (d), for background studies conducted by the commissioner for child foster
10.17care or adoptions, the subject of the background study, who is 18 years of age or older,
10.18shall provide the commissioner with a set of classifiable fingerprints obtained from an
10.19authorized agency.
10.20 (d) For background studies initiated on or after the implementation of NETStudy
10.212.0, every subject of a background study must provide the commissioner with a set of the
10.22background study subject's classifiable fingerprints and photograph. The photograph
10.23and fingerprints must be recorded at the same time by the commissioner's authorized
10.24fingerprint collection vendor and sent to the commissioner through the commissioner's
10.25secure data system described in section 245C.32, subdivision 1a, paragraph (b). The
10.26fingerprints shall not be retained by the Department of Public Safety, Bureau of Criminal
10.27Apprehension, or the commissioner, but will be retained by the Federal Bureau of
10.28Investigation. The commissioner's authorized fingerprint collection vendor shall, for
10.29purposes of verifying the identity of the background study subject, be able to view
10.30the identifying information entered into NETStudy 2.0 by the entity that initiated the
10.31background study, but shall not retain the subject's fingerprints, photograph, or information
10.32from NETStudy 2.0. The authorized fingerprint collection vendor shall retain no more
10.33than the name and date and time the subject's fingerprints were recorded and sent, only as
10.34necessary for auditing and billing activities.
11.1 Sec. 14. [245C.051] DESTRUCTION OF BACKGROUND STUDY SUBJECT
11.2INFORMATION.
11.3(a) A background study subject may request in writing to the commissioner that
11.4information used to complete the individual's study in NETStudy 2.0 be destroyed if
11.5the individual:
11.6(1) has not been affiliated with any entity for the previous two years; and
11.7(2) has no current disqualifying characteristic.
11.8(b) After receiving the request and verifying the information in paragraph (a), the
11.9commissioner shall destroy the information used to complete the subject's background
11.10study and shall keep a record of the subject's name and a notation of the date that the
11.11information was destroyed.
11.12(c) When a previously studied individual has not been on the master roster for two
11.13years, the commissioner shall destroy the photographic image of the individual obtained
11.14under section 245C.05, subdivision 5, paragraph (d).
11.15(d) Any data collected on an individual under this chapter that is maintained by the
11.16commissioner that has not been destroyed according to paragraph (b) or (c), shall be
11.17destroyed when two years have elapsed from the individual's actual death that is reported
11.18to the commissioner or when 90 years have elapsed since the individual's birth except
11.19when readily available data indicate that the individual is still living.
11.20 Sec. 15. Minnesota Statutes 2012, section 245C.07, is amended to read:
11.21245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
11.22 (a) Subject to the conditions in paragraph (d), when a license holder, applicant, or
11.23other entity owns multiple programs or services that are licensed by the Department
11.24of Human Services, Department of Health, or Department of Corrections, only one
11.25background study is required for an individual who provides direct contact services in one
11.26or more of the licensed programs or services if:
11.27 (1) the license holder designates one individual with one address and telephone
11.28number as the person to receive sensitive background study information for the multiple
11.29licensed programs or services that depend on the same background study; and
11.30 (2) the individual designated to receive the sensitive background study information
11.31is capable of determining, upon request of the department, whether a background study
11.32subject is providing direct contact services in one or more of the license holder's programs
11.33or services and, if so, at which location or locations.
11.34 (b) When a license holder maintains background study compliance for multiple
11.35licensed programs according to paragraph (a), and one or more of the licensed programs
12.1closes, the license holder shall immediately notify the commissioner which staff must be
12.2transferred to an active license so that the background studies can be electronically paired
12.3with the license holder's active program.
12.4 (c) When a background study is being initiated by a licensed program or service or a
12.5foster care provider that is also registered under chapter 144D, a study subject affiliated
12.6with multiple licensed programs or services may attach to the background study form a
12.7cover letter indicating the additional names of the programs or services, addresses, and
12.8background study identification numbers.
12.9 When the commissioner receives a notice, the commissioner shall notify each
12.10program or service identified by the background study subject of the study results.
12.11 The background study notice the commissioner sends to the subsequent agencies
12.12shall satisfy those programs' or services' responsibilities for initiating a background study
12.13on that individual.
12.14(d) If a background study was conducted on an individual related to child foster care
12.15and the requirements under paragraph (a) are met, the background study is transferable
12.16across all licensed programs. If a background study was conducted on an individual under
12.17a license other than child foster care and the requirements under paragraph (a) are met, the
12.18background study is transferable to all licensed programs except child foster care.
12.19(e) The provisions of this section that allow a single background study in one
12.20or more licensed programs or services do not apply to background studies submitted
12.21by adoption agencies, supplemental nursing services agencies, personnel agencies,
12.22educational programs, professional services agencies, and unlicensed personal care
12.23provider organizations.
12.24(f) For an entity operating under NETStudy 2.0, the entity's active roster must be
12.25the system used to document when a background study subject is affiliated with multiple
12.26entities.
12.27 Sec. 16. Minnesota Statutes 2012, section 245C.13, subdivision 1, is amended to read:
12.28 Subdivision 1. Timing. Upon receipt of the background study forms from an
12.29applicant, license holder, or other entity as provided in this chapter required to initiate
12.30a background study under section
12.31background study and provide the notice required under section
12.32
12.33 Sec. 17. Minnesota Statutes 2012, section 245C.17, subdivision 1, is amended to read:
13.1 Subdivision 1. Time frame for notice of study results and auditing system
13.2access.
13.3
13.4
13.5
13.6
13.7for a background study
13.8or NETStudy 2.0 system, the commissioner shall notify the
13.9subject and the license holder
13.10electronic transmission of the results of the study or that more time is needed to complete
13.11the study. The notice to the individual shall include the identity of the entity that initiated
13.12the background study.
13.13
13.14
13.15
13.16
13.17
13.18NETStudy 2.0, the license holder or other entity under section 245C.04 shall sign an
13.19acknowledgment of responsibilities form developed by the commissioner that includes
13.20identifying the sensitive background study information person, who must be an employee
13.21of the license holder or entity. All queries to NETStudy 2.0 are electronically recorded
13.22and subject to audit by the commissioner. The electronic record shall identify the specific
13.23user. A background study subject may request in writing to the commissioner a report
13.24listing the entities that initiated a background study on the individual.
13.25
13.26individual that resulted in an order for immediate removal and more time is necessary to
13.27complete a subsequent study, the notice that more time is needed that is issued under
13.28
13.29individual from any position allowing direct contact with or access to people receiving
13.30services pending completion of the background study.
13.31 Sec. 18. Minnesota Statutes 2012, section 245C.20, is amended by adding a
13.32subdivision to read:
13.33 Subd. 3. Background studies identified on active rosters. The requirements in
13.34subdivisions 1 and 2 are met for entities for which active rosters are implemented and for
13.35whom all individuals affiliated with the entity are recorded on the active roster.
14.1 Sec. 19. Minnesota Statutes 2012, section 245C.32, is amended by adding a
14.2subdivision to read:
14.3 Subd. 1a. NETStudy 2.0 system. (a) The commissioner shall design, develop, and
14.4test the NETStudy 2.0 system and implement it no later than September 1, 2015.
14.5(b) The NETStudy 2.0 system developed and implemented by the commissioner
14.6shall incorporate and meet all applicable data security standards and policies required
14.7by the Federal Bureau of Investigation (FBI), Department of Public Safety, Bureau of
14.8Criminal Apprehension, and the MN.IT Services Department. The system shall meet
14.9all required standards for encryption of data at the database level as well as encryption
14.10of data that travels electronically among agencies initiating background studies, the
14.11commissioner's authorized fingerprint collection vendor, the commissioner, the Bureau of
14.12Criminal Apprehension, and in cases involving national criminal record checks, the FBI.
14.13(c) The data system developed and implemented by the commissioner shall
14.14incorporate a system of data security that allows the commissioner to control access to the
14.15data field level by the commissioner's employees. The commissioner shall establish that
14.16employees have access to the minimum amount of private data on any individual as is
14.17necessary to perform their duties under this chapter.
14.18(d) The commissioner shall oversee regular quality and compliance audits of the
14.19authorized fingerprint collection vendor.
14.20 Sec. 20. Minnesota Statutes 2012, section 245C.32, is amended by adding a
14.21subdivision to read:
14.22 Subd. 1b. Civil remedies. When accessing private data on individuals through
14.23NETStudy 2.0, entities that are authorized to initiate background studies and the
14.24commissioner's authorized fingerprint collection vendors shall be subject to all
14.25responsibilities and civil remedies applicable to a responsible authority or government
14.26entity as specified under section 13.08.
