1.1 .................... moves to amend H.F. No. 3564 as follows:
1.2Page 1, after line 24, inset:
1.3 "Section 1. Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to
1.4read:
1.5 Subd. 2.
Permanent bar to set aside a disqualification. (a) Except as provided in
1.6paragraph paragraphs (b)
and (c), the commissioner may not set aside the disqualification
1.7of any individual disqualified pursuant to this chapter, regardless of how much time has
1.8passed, if the individual was disqualified for a crime or conduct listed in section
245C.15,
1.9subdivision 1
.
1.10 (b)
For An individual in the chemical dependency field who was
:
1.11 (1) disqualified for a crime or conduct listed under section
245C.15, subdivision 1
,
1.12and;
1.13 (2) whose disqualification was set aside prior to July 1, 2005
, the commissioner
1.14must consider granting; and
1.15 (3) was granted a variance
pursuant to section
245C.30 for the license holder for
1.16a program dealing primarily with adults. A request for reconsideration evaluated under
1.17this paragraph must include a letter of recommendation from the license holder that
1.18was subject to the prior set-aside decision addressing the individual's quality of care to
1.19children or vulnerable adults and the circumstances of the individual's departure from
1.20that service under this section prior to August 1, 2008, is eligible to request a set-aside
1.21under paragraph (c).
1.22 (c) For any individual who was disqualified for a crime or conduct listed under
1.23section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1,
1.242005, the commissioner must consider granting a set-aside pursuant to section 245C.22.
1.25An employer who hires any individual who provides in-home services shall monitor
1.26service provision with the client by phone at least quarterly.
2.1EFFECTIVE DATE.This section is effective August 1, 2008."