.................... moves to amend H.F. No. 1002 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 13.411, subdivision 7, is amended to read:
Subd. 7. Examining and licensing boards.
(a) Health licensing boards.
held by health licensing boards are classified under sections
214.10, subdivision 8
1.6214.25, subdivision 1
(b) Combined boards data.
Data held by licensing boards participating in a health
professional services program are classified under sections
Sec. 2. [214.075] HEALTH-RELATED LICENSING BOARDS; CRIMINAL
1.11 Subdivision 1. Applications. (a) By January 1, 2018, each health-related licensing
1.12board, as defined in section 214.01, subdivision 2, shall require applicants for initial
1.13licensure, licensure by endorsement, or reinstatement or other relicensure after a lapse
1.14in licensure, as defined by the individual health-related licensing boards to submit to
1.15a criminal history records check of state data completed by the Bureau of Criminal
1.16Apprehension (BCA) and a national criminal history records check, including a search of
1.17the records of the Federal Bureau of Investigation (FBI).
1.18(b) An applicant must complete a criminal background check if more than one year
1.19has elapsed since the applicant last submitted a background check to the board.
1.20 Subd. 2. Investigations. If a health-related licensing board has reasonable cause
1.21to believe a licensee has been charged with or convicted of a crime in this or any other
1.22jurisdiction, the health-related licensing board may require the licensee to submit to a
1.23criminal history records check of state data completed by the BCA and a national criminal
1.24history records check, including a search of the records of the FBI.
1.25 Subd. 3. Consent form; fees; and fingerprints. In order to effectuate the federal
1.26and state level, fingerprint-based criminal background check, the applicant or licensee
2.1must submit a completed criminal history records check consent form and a full set of
2.2fingerprints to the respective health-related licensing board or a designee in the manner
2.3and form specified by the board. The applicant or licensee is responsible for all fees
2.4associated with preparation of the fingerprints, the criminal records check consent form,
2.5and the criminal background check. The fees for the criminal records background check
2.6shall be set by the BCA and the FBI and are not refundable.
2.7 Subd. 4. Refusal to consent. (a) The health-related licensing boards shall not issue
2.8a license to any applicant who refuses to consent to a criminal background check or fails
2.9to submit fingerprints within 90 days after submission of an application for licensure. Any
2.10fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
2.11to the criminal background check or fails to submit the required fingerprints.
2.12(b) The failure of a licensee to submit to a criminal background check as provided in
2.13subdivision 3 is grounds for disciplinary action by the respective health licensing board.
2.14 Subd. 5. Submission of fingerprints to the Bureau of Criminal Apprehension.
2.15The health-related licensing board or designee shall submit applicant or licensee
2.16fingerprints to the BCA. The BCA shall perform a check for state criminal justice
2.17information and shall forward the applicant's or licensee's fingerprints to the FBI to
2.18perform a check for national criminal justice information regarding the applicant or
2.19licensee. The BCA shall report to the board the results of the state and national criminal
2.20justice information checks.
2.21 Subd. 6. Alternatives to fingerprint-based criminal background checks. The
2.22health-related licensing board may require an alternative method of criminal history
2.23checks for an applicant or licensee who has submitted at least three sets of fingerprints in
2.24accordance with this section that have been unreadable by the BCA or the FBI.
2.25 Subd. 7. Opportunity to challenge accuracy of report. Prior to taking disciplinary
2.26action against an applicant or a licensee based on a criminal conviction, the health-related
2.27licensing board shall provide the applicant or the licensee an opportunity to complete or
2.28challenge the accuracy of the criminal history information reported to the board. The
2.29applicant or licensee shall have 30 calendar days following notice from the board of
2.30the intent to deny licensure or to take disciplinary action to request an opportunity to
2.31correct or complete the record prior to the board taking disciplinary action based on the
2.32information reported to the board. The board shall provide the applicant up to 180 days to
2.33challenge the accuracy or completeness of the report with the agency responsible for the
2.34record. This subdivision does not affect the right of the subject of the data to contest the
2.35accuracy or completeness under section 13.04, subdivision 4.
3.1 Subd. 8. Instructions to the board; plans. The health-related licensing boards, in
3.2collaboration with the commissioner of human services and the BCA, shall establish a
3.3plan for completing criminal background checks of all licensees who were licensed before
3.4the effective date requirement under subdivision 1. The plan must seek to minimize
3.5duplication of requirements for background checks of licensed health professionals. The
3.6plan for background checks of current licensees shall be developed no later than January
3.71, 2017, and may be contingent upon the implementation of a system by the BCA or FBI
3.8in which any new crimes that an applicant or licensee commits after an initial background
3.9check are flagged in the BCA's or FBI's database and reported back to the board. The plan
3.10shall include recommendations for any necessary statutory changes.
Sec. 3. INCLUSION OF OTHER HEALTH-RELATED OCCUPATIONS TO
3.12CRIMINAL BACKGROUND CHECKS.
3.13(a) If the Department of Health is not reviewed by the Sunset Advisory Commission
3.14according to the schedule in Minnesota Statutes, section 3D.21, the commissioner
3.15of health, as the regulator for occupational therapy practitioners, speech-language
3.16pathologists, audiologists, and hearing instrument dispensers, shall require applicants
3.17for licensure or renewal to submit to a criminal history records check as required under
3.18Minnesota Statutes, section 214.075, for other health-related licensed occupations
3.19regulated by the health-related licensing boards.
3.20(b) Any statutory changes necessary to include the commissioner of health to
3.21Minnesota Statutes, section 214.075, shall be included in the plan required in Minnesota
3.22Statutes, section 214.075, subdivision 9.
Sec. 4. APPROPRIATION.
3.24$....... is appropriated for fiscal year 2014 from the state government special revenue
3.25fund to the Administrative Services Unit for the implementation of a criminal background
Amend the title accordingly