214.104 Health-related licensing boards; determinations 
  regarding disqualifications for maltreatment. 

    (a) A health-related licensing board shall make 
 determinations as to whether licensees who are under the board's 
 jurisdiction should be disqualified under section 245A.04, 
 subdivision 3d, from positions allowing direct contact with 
 persons receiving services because of substantiated maltreatment 
 under section 626.556 or 626.557.  A determination under this 
 section may be done as part of an investigation under section 
 214.103.  The board shall make a determination within 90 days of 
 receipt of an investigation memorandum or other notice of 
 substantiated maltreatment under section 626.556 or 626.557, or 
 of a notice from the commissioner of human services that a 
 background study of a licensee shows substantiated 
 maltreatment.  The board shall also make a determination under 
 this section upon consideration of the licensure of an 
 individual who was subject to disqualification before licensure 
 because of substantiated maltreatment. 

    (b) In making a determination under this section, the board 
 shall consider the nature and extent of any injury or harm 
 resulting from the conduct that would constitute grounds for 
 disqualification, the seriousness of the misconduct, the extent 
 that disqualification is necessary to protect persons receiving 
 services or the public, and other factors specified in section 
 245A.04, subdivision 3b, paragraph (b). 

    (c) The board shall determine the duration and extent of 
 the disqualification or may establish conditions under which the 
 licensee may hold a position allowing direct contact with 
 persons receiving services or in a licensed facility.  The board 
 shall notify the commissioner of human services and the lead 
 agency that conducted an investigation under section 626.556 or 
 626.557, as applicable, of its determination.  

    HIST: 2000 c 319 s 2