Subdivision 1.Agreements to conduct criminal background studies.
The commissioner of health may develop agreements to conduct criminal background studies on each person who registers as a volunteer in the Minnesota Responds Medical Reserve Corps and applies for membership in the Minnesota behavioral health or mobile medical teams. The background study is for the purpose of determining the applicant's suitability and eligibility for membership. Each applicant must provide written consent authorizing the Department of Health to obtain the applicant's state criminal background information.
Subd. 2.Opportunity to challenge accuracy of report.
Before denying the applicant the opportunity to serve as a health volunteer due to information obtained from a background study, the commissioner shall
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Subdivision 1.Agreements to conduct criminal background studies.
The commissioner of health may develop agreements to conduct criminal background studies on each person who registers as a volunteer in the Minnesota Responds Medical Reserve Corps and applies for membership in the Minnesota behavioral health or mobile medical teams. The background study is for the purpose of determining the applicant's suitability and eligibility for membership. Each applicant must provide written consent authorizing the Department of Health to obtain the applicant's state criminal background information.
Subd. 2.Opportunity to challenge accuracy of report.
Before denying the applicant the opportunity to serve as a health volunteer due to information obtained from a background study, the commissioner shall provide the applicant with the opportunity to complete, or challenge the accuracy of, the criminal justice information reported to the commissioner. The applicant shall have 30 calendar days to correct or complete the record prior to the commissioner taking final action based on the report.
Subd. 3.Denial of service.
The commissioner may deny an application from any applicant who has been convicted of any of the following crimes:
Section609.185(murder in the first degree); section609.19(murder in the second degree); section609.195(murder in the third degree); section609.20(manslaughter in the first degree); section609.205(manslaughter in the second degree); section609.25(kidnapping); section609.2661(murder of an unborn child in the first degree); section609.2662(murder of an unborn child in the second degree); section609.2663(murder of an unborn child in the third degree); section609.342(criminal sexual conduct in the first degree); section609.343(criminal sexual conduct in the second degree); section609.344(criminal sexual conduct in the third degree); section609.345(criminal sexual conduct in the fourth degree); section609.3451(criminal sexual conduct in the fifth degree); section609.3453(criminal sexual predatory conduct); section609.352(solicitation of children to engage in sexual conduct); section609.352(communication of sexually explicit materials to children); section609.365(incest); section609.377(felony malicious punishment of a child); section609.378(felony neglect or endangerment of a child); section609.561(arson in the first degree); section609.562(arson in the second degree); section609.563(arson in the third degree); section609.749, subdivision 3, 4, or 5 (felony harassment or stalking); section152.021(controlled substance crimes in the first degree); section152.022(controlled substance crimes in the second degree); section152.023(controlled substance crimes in the third degree); section152.024(controlled substance crimes in the fourth degree); section152.025(controlled substance crimes in the fifth degree); section243.166(violation of predatory offender registration law); section617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a minor); section617.246(use of minors in sexual performance); section617.247(possession of child sexual abuse material); section609.221(assault in the first degree); section609.222(assault in the second degree); section609.223(assault in the third degree); section609.2231(assault in the fourth degree); section609.224(assault in the fifth degree); section609.2242(domestic assault); section609.2247(domestic assault by strangulation); section609.228(great bodily harm caused by distribution of drugs); section609.23(mistreatment of persons confined); section609.231(mistreatment of residents or patients); section609.2325(criminal abuse); section609.233(criminal neglect); section609.2335(financial exploitation of a vulnerable adult); section609.234(failure to report); section609.24(simple robbery); section609.245(aggravated robbery); section609.247(carjacking); section609.255(false imprisonment); section609.322(solicitation, inducement, and promotion of prostitution and sex trafficking); section609.324, subdivision 1(hiring or engaging minors in prostitution); section609.465(presenting false claims to a public officer or body); section609.466(medical assistance fraud); section609.52(felony theft); section609.82(felony fraud in obtaining credit); section609.527(felony identity theft); section609.582(felony burglary); section609.611(felony insurance fraud); section609.625(aggravated forgery); section609.63(forgery); section609.631(felony check forgery); section609.66, subdivision 1e (felony drive-by shooting); section609.71(felony riot); section609.713(terroristic threats); section609.72, subdivision 3(disorderly conduct by a caregiver against a vulnerable adult); section609.821(felony financial transaction card fraud); section609.855, subdivision 5(shooting at or in a public transit vehicle or facility); or aiding and abetting, attempting, or conspiring to commit any of the offenses in this subdivision.
Subd. 4.Conviction.
For purposes of this section, an applicant is considered to have been convicted of a crime if the applicant was convicted, or otherwise found guilty, including by entering an Alford plea; was found guilty but the adjudication of guilt was stayed or withheld; or was convicted but the imposition or execution of a sentence was stayed.
Subd. 5.Data practices.
All state criminal history record information or data obtained by the commissioner from the Bureau of Criminal Apprehension is private data on individuals under section13.02, subdivision 12, and restricted to the exclusive use of the commissioner for the purpose of evaluating an applicant's eligibility for participation in the behavioral health or mobile field medical team.
Subd. 6.Use of volunteers by commissioner.
The commissioner may deny a volunteer membership on a mobile medical team or behavioral health team for any reason, and is only required to communicate the reason when membership is denied as a result of information received from a criminal background study. The commissioner is exempt from the Criminal Offenders Rehabilitation Act under chapter 364 in the selection of volunteers for any position or activity including the Minnesota Responds Medical Reserve Corps, the Minnesota behavioral health team, and the mobile medical team.