Bill Text: MN SF2359 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Nurse licensure criminal history records check requirement
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-03-12 - Referred to Health and Human Services [SF2359 Detail]
Download: Minnesota-2011-SF2359-Introduced.html
1.2relating to nursing; authorizing criminal history records check;proposing coding
1.3for new law in Minnesota Statutes, chapter 148.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [148.192] CRIMINAL HISTORY RECORDS CHECK.
1.6 Subdivision 1. Applicants. (a) An applicant for initial licensure or licensure by
1.7endorsement under section 148.211 and an applicant for reregistration under section
1.8148.231, subdivision 5, shall submit to a criminal history records check of state data,
1.9regardless of data classification, and a national criminal history records check to include a
1.10search of the records of the Federal Bureau of Investigation.
1.11(b) An applicant shall submit a completed, notarized records check consent form
1.12and fingerprints to the private vendor under contract with the board and must comply
1.13with the following requirements:
1.14(1) request and consent to a criminal history records check of state data, regardless
1.15of data classification;
1.16(2) request and consent to a national criminal history records check;
1.17(3) submit to fingerprinting on a form acceptable to the board with the private vendor
1.18under contract with the board including a verification form;
1.19(4) request that the criminal history records check results of state data and national
1.20data from the Federal Bureau of Investigation be sent directly to the board; and
1.21(5) pay no more than $25 for the fingerprinting and completion of the criminal
1.22history records check.
1.23 Subd. 2. Board responsibilities. (a) The board shall issue a request for proposals
1.24for a private vendor to provide criminal history records check. Preference shall be given
2.1for a vendor that can provide accurate data at a low cost. The board shall enter into a
2.2contract with a private vendor to conduct the criminal history records check, and shall
2.3only accept criminal history background checks from that vendor.
2.4(b) The board shall maintain the criminal history records check reports in a manner
2.5that ensures the confidentiality of the results as private data, prevents disclosure pursuant
2.6to a public records request, and complies with applicable state and federal requirements.
2.7(c) All criminal history record data obtained by the board is private data on
2.8individuals under section 13.02, subdivision 12, and restricted to the exclusive use of
2.9the board, its members, officers, investigative staff, and attorneys for the purpose of
2.10evaluating the applicant's eligibility for licensure.
2.11(d) If an applicant contests the accuracy or correctness of the criminal history
2.12records check and proves that the results were inaccurate or incorrect, the board shall
2.13destroy the inaccurate records.
2.14(e) If data supplied by the Federal Bureau of Investigation conflicts with the data
2.15supplied by the private vendor, the vendor's results shall supersede the results from the
2.16Federal Bureau of Investigation.
2.17 Subd. 3. Licensure; reregistration. (a) In reviewing the results of the criminal
2.18history records check to determine whether the applicant should be granted an initial
2.19license or allowed to reregister, the board may consider all of the following:
2.20(1) the nature and seriousness of the crime;
2.21(2) the circumstances surrounding the crime;
2.22(3) the extent of the applicant's past criminal activity;
2.23(4) the age of the applicant when the crime was committed;
2.24(5) the amount of time that has elapsed since the applicant's last criminal activity;
2.25(6) the conduct and work activity of the applicant before and after the criminal
2.26activity;
2.27(7) whether the applicant has completed the terms of probation or deferred
2.28adjudication;
2.29(8) whether the crime is substantially related to the qualifications, functions, or
2.30duties of a nurse;
2.31(9) evidence of the applicant's rehabilitation;
2.32(10) whether the applicant fully disclosed the arrest or conviction to the board; and
2.33(11) any other factors the board considers relevant.
2.34(b) The board shall not grant a license to an applicant or allow an applicant to
2.35reregister unless the applicant has complied with this section.
3.1 Subd. 4. Results of records check. (a) If a criminal history records check indicates
3.2that an applicant has engaged in criminal conduct, the board may take action under
3.3sections 214.10 and 214.103.
3.4(b) If an applicant disputes the accuracy or correctness of the results of the criminal
3.5history records check, the board shall allow the applicant to present documentary evidence
3.6that the results are inaccurate or incorrect. The board shall issue a written decision within
3.730 working days of receipt of the information.
1.3for new law in Minnesota Statutes, chapter 148.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [148.192] CRIMINAL HISTORY RECORDS CHECK.
1.6 Subdivision 1. Applicants. (a) An applicant for initial licensure or licensure by
1.7endorsement under section 148.211 and an applicant for reregistration under section
1.8148.231, subdivision 5, shall submit to a criminal history records check of state data,
1.9regardless of data classification, and a national criminal history records check to include a
1.10search of the records of the Federal Bureau of Investigation.
1.11(b) An applicant shall submit a completed, notarized records check consent form
1.12and fingerprints to the private vendor under contract with the board and must comply
1.13with the following requirements:
1.14(1) request and consent to a criminal history records check of state data, regardless
1.15of data classification;
1.16(2) request and consent to a national criminal history records check;
1.17(3) submit to fingerprinting on a form acceptable to the board with the private vendor
1.18under contract with the board including a verification form;
1.19(4) request that the criminal history records check results of state data and national
1.20data from the Federal Bureau of Investigation be sent directly to the board; and
1.21(5) pay no more than $25 for the fingerprinting and completion of the criminal
1.22history records check.
1.23 Subd. 2. Board responsibilities. (a) The board shall issue a request for proposals
1.24for a private vendor to provide criminal history records check. Preference shall be given
2.1for a vendor that can provide accurate data at a low cost. The board shall enter into a
2.2contract with a private vendor to conduct the criminal history records check, and shall
2.3only accept criminal history background checks from that vendor.
2.4(b) The board shall maintain the criminal history records check reports in a manner
2.5that ensures the confidentiality of the results as private data, prevents disclosure pursuant
2.6to a public records request, and complies with applicable state and federal requirements.
2.7(c) All criminal history record data obtained by the board is private data on
2.8individuals under section 13.02, subdivision 12, and restricted to the exclusive use of
2.9the board, its members, officers, investigative staff, and attorneys for the purpose of
2.10evaluating the applicant's eligibility for licensure.
2.11(d) If an applicant contests the accuracy or correctness of the criminal history
2.12records check and proves that the results were inaccurate or incorrect, the board shall
2.13destroy the inaccurate records.
2.14(e) If data supplied by the Federal Bureau of Investigation conflicts with the data
2.15supplied by the private vendor, the vendor's results shall supersede the results from the
2.16Federal Bureau of Investigation.
2.17 Subd. 3. Licensure; reregistration. (a) In reviewing the results of the criminal
2.18history records check to determine whether the applicant should be granted an initial
2.19license or allowed to reregister, the board may consider all of the following:
2.20(1) the nature and seriousness of the crime;
2.21(2) the circumstances surrounding the crime;
2.22(3) the extent of the applicant's past criminal activity;
2.23(4) the age of the applicant when the crime was committed;
2.24(5) the amount of time that has elapsed since the applicant's last criminal activity;
2.25(6) the conduct and work activity of the applicant before and after the criminal
2.26activity;
2.27(7) whether the applicant has completed the terms of probation or deferred
2.28adjudication;
2.29(8) whether the crime is substantially related to the qualifications, functions, or
2.30duties of a nurse;
2.31(9) evidence of the applicant's rehabilitation;
2.32(10) whether the applicant fully disclosed the arrest or conviction to the board; and
2.33(11) any other factors the board considers relevant.
2.34(b) The board shall not grant a license to an applicant or allow an applicant to
2.35reregister unless the applicant has complied with this section.
3.1 Subd. 4. Results of records check. (a) If a criminal history records check indicates
3.2that an applicant has engaged in criminal conduct, the board may take action under
3.3sections 214.10 and 214.103.
3.4(b) If an applicant disputes the accuracy or correctness of the results of the criminal
3.5history records check, the board shall allow the applicant to present documentary evidence
3.6that the results are inaccurate or incorrect. The board shall issue a written decision within
3.730 working days of receipt of the information.
