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C. current employees or contractors who have direct <br />contact with persons being served by the program; and <br />served if: <br />served; and <br />D. volunteers who provide program services to persons <br />(1) the volunteer has direct contact with persons <br />(2) the volunteer is not directly supervised. <br />"Directly supervised" means an individual listed in item A or C <br />is within sight or hearing of a volunteer to the extent that the <br />individual listed in item A or C is capable at all times of <br />ifitervening to protect the health and safety of the persons <br />served by the program who have direct contact with the volunteer <br />9543.3040 RESPONSIBILITIES OF PROVIDER. <br />Subpart 1. General. A provider must require every <br />individual identified in part 9543.3030 to complete the <br />background Information form prescribed by the commissioner. <br />Subp. 2. Form submission. A provider must submit each <br />completed background study form to the commissioner: <br />A. before initial licensure and with every license <br />renewal application; and <br />B. before a subject first has direct contact with <br />persons served by the provider's program. <br />Subp. 3. Direct contact prohibited. A provider must <br />ensure that a subject whc is disqualified by the commissioner <br />does not have direct contact with persons receiving services <br />from the program unless the conditions in item A or B are met. <br />A. The provider has: <br />(1) received notice from the commissioner that <br />the subject may be in direu^ r.&neact pending reconsideration; <br />(2) obtained documentation that the subject will <br />submit or has submitted a timely request for reconsideration; <br />and <br />(3) documented compliance with requirements in <br />the commissioner's notice. <br />B. The provider has received notice from the <br />commissioner that the subject's disq'>alification has been set <br />aside.