(c) The commissioner is not required to conduct a study of an individual at the time of reapplication for a license if the individual’s background study was completed by the commissioner of human services and the following conditions are met: (1) a study of the individual was conducted either at the time of initial licensure or when the individual became affiliated with the license holder; (2) the individual has been continuously affiliated with the license holder since the last study was conducted; and (3) the last study of the individual was conducted on or after October 1, 1995. (d) The commissioner of human services shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with a child foster care license holder. The county or private agency shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1 and 5. The background study conducted by the commissioner of human services under this paragraph must include a review of the information required under section 245C.08, subdivisions 1, 3, and 4. (e) The commissioner shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with an adult foster care or family adult day services license holder: (1) the county shall collect and forward to the commissioner the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted by the commissioner for all family adult day services and for adult foster care when the adult foster care license holder resides in the adult foster care residence; (2) the license holder shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for adult foster care when the license holder does not reside in the adult foster care residence; and (3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4. (f) Applicants for licensure, license holders, and other entities as provided in this chapter must submit completed background study requests to the commissioner using the electronic system known as NETStudy before individuals specified in section 245C.03, subdivision 1, begin positions allowing direct contact in any licensed program. (g) For an individual who is not on the entity’s active roster, the entity must initiate a new background study through NETStudy when: (1) an individual returns to a position requiring a background study following an absence of 120 or more consecutive days; or (2) a program that discontinued providing licensed direct contact services for 120 or more consecutive days begins to provide direct contact licensed services again. The license holder shall maintain a copy of the notification provided to the commissioner under this paragraph in the program’s files. If the individual’s disqualification was previously set aside for the license holder’s program and the new
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