In 2013, the Minnesota Legislature passed legislation mandating that health-related licensing boards (HLBs) require applicants for initial licensure, licensure by endorsement, or reinstatement or other re-licensure after relapse in licensure, submit to a criminal history records check of state data completed by the Bureau of Criminal Apprehension (BCA) and a national criminal history records check, including a search of the records of the Federal Bureau of Investigation (FBI). Minn. Stat. 214.075, subd. 1. HLBs are also authorized to require a licensee to submit to a criminal history records check if they have reasonable cause to believe a licensee has been charged with or convicted of a crime in this or any other jurisdiction. Minn. Stat. 214.075, subd. 2.
To implement this process, the HLBs created a Minnesota HLB Criminal Background Check Program (CBC Program). Within Phase I of the CBC Program four HLBs are considered the initiating boards. These boards include the Boards of Nursing, Dentistry, Physical Therapy, and Psychology. In addition to creating the program, the HLBs developed a governance structure known as the Criminal Background Check Oversight Committee. The Committee is comprised of one representative from each of the initiating boards.
The CBC Program is in its early development phases, however, work to date has included the development of an office location that will provide fingerprinting services and process the workflow for the HLBs, order and installation of the equipment, as well as contract and policy development and adoption.
Procedurally, applicants and/or licensees will be required complete a consent form authorizing the Board to obtain state and federal data as well as completion of a Predatory Offender Registry consent form. Applicants and/or licensees will then need to provide fingerprints. This can be done at the CBC Program office, or by obtaining a card from the CBC Program office and visiting local law enforcement. Note, there is typically a fee for fingerprinting by law enforcement. The applicant and/or licensee are responsible for these costs.
There is a fee to be determined for obtaining a criminal background check that is payable directly to the Board by the applicant and/or licensee. Once this fee is finalized as established by the BCA and FBI it will be provided on our applications and our website.
Once the fingerprints are obtained either by live scan or paper and ink, the CBC Program will conduct the background check. Background checks containing criminal history information will be processed through the Boards Complaint Resolution Procedure. The impact of a given criminal history incident will be determined on a case by case basis.
It is important to note that under state law, the Board is prohibited from licensing and is required to suspend or revoke an existing license of a person convicted in a court of competent jurisdiction for the following crimes:
- Assault in the 5th Degree as a Gross Misdemeanor (Minn. Stat. 609.224, subd. 2);
- Mistreatment of Persons Confined (Minn. Stat. 609.23);
- Mistreatment of Residents or Patients (Minn. Stat. 609.231);
- Criminal Abuse (Minn. Stat. 609.2325);
- Criminal Neglect (Minn. Stat. 609.233);
- Financial Exploitation of Vulnerable Adult (Minn. Stat. 609.2335);
- Failure to Report (Minn. Stat. 609.234) (includes failure to report maltreatment of a vulnerable adult for mandated reporters described in Minn. Stat. 626.557);
- Presenting False Claims to Public Officer or Body (Minn. Stat. 609.465);
- Medical Assistance Fraud (Minn. Stat. 609.466);
- Theft (includes all theft) (Minn. Stat. 609.52)
- Disorderly Conduct, Caregiver against a Vulnerable Adult (Minn. Stat. 609.72, subd. 3).
See, Minn. Stat. 214.10, subd. 2a.
All applicants for licensure and re-licensure should be prepared to participate in a criminal background check with the Board in the near future. Once the exact date of implementation is determined, this date will be provided on our website announcements.
