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First Substitute S.B. 64

Senator Michael G. Waddoups proposes to substitute the following bill:


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BACKGROUND CHECK OF HEALTH

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CARE PROFESSIONALS

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Michael G. Waddoups

6    AN ACT RELATING TO HEALTH; REQUIRING A CRIMINAL BACKGROUND CHECK OF
7    A PERSON ASSOCIATED WITH A HEALTH CARE FACILITY WHO PROVIDES
8    DIRECT CARE TO PATIENTS; PERMITTING ACCESS TO THE CHILD ABUSE
9    DATABASE WITH RESPECT TO A PERSON ASSOCIATED WITH A HEALTH CARE
10    FACILITY THAT PROVIDES DIRECT CARE TO CHILDREN; REQUIRING THE
11    DEPARTMENT OF HEALTH ESTABLISH RULES REGARDING PERMISSIBLE WORK
12    ACTIVITIES FOR THOSE WITH A CRIMINAL CONVICTION OR SUBSTANTIATED
13    FINDING OF CHILD ABUSE OR NEGLECT; EXTENDING IMMUNITY TO THE
14    SUBMISSION OF INFORMATION TO THE DEPARTMENT; REPEALING THE HEALTH
15    CARE ASSISTANT REGISTRATION ACT; AND PROVIDING AN EFFECTIVE DATE.
16    This act affects sections of Utah Code Annotated 1953 as follows:
17    AMENDS:
18         26-21-6, as last amended by Chapter 209, Laws of Utah 1997
19         62A-4a-412, as renumbered and amended by Chapter 260, Laws of Utah 1994
20    ENACTS:
21         26-21-9.5, Utah Code Annotated 1953
22    REPEALS:
23         58-62-101, as enacted by Chapter 289, Laws of Utah 1994
24         58-62-102, as enacted by Chapter 289, Laws of Utah 1994
25         58-62-201, as enacted by Chapter 289, Laws of Utah 1994


1         58-62-301, as enacted by Chapter 289, Laws of Utah 1994
2         58-62-302, as enacted by Chapter 289, Laws of Utah 1994
3         58-62-303, as enacted by Chapter 289, Laws of Utah 1994
4         58-62-304, as last amended by Chapter 196, Laws of Utah 1997
5         58-62-305, as enacted by Chapter 289, Laws of Utah 1994
6         58-62-401, as enacted by Chapter 289, Laws of Utah 1994
7         58-62-501, as enacted by Chapter 289, Laws of Utah 1994
8         58-62-601, as enacted by Chapter 289, Laws of Utah 1994
9         58-62-602, as enacted by Chapter 289, Laws of Utah 1994
10         58-62-603, as enacted by Chapter 289, Laws of Utah 1994
11    Be it enacted by the Legislature of the state of Utah:
12        Section 1. Section 26-21-6 is amended to read:
13         26-21-6. Duties of department.
14        (1) The department shall:
15        (a) enforce rules established pursuant to this chapter;
16        (b) authorize an agent of the department to conduct inspections of health-care facilities
17    pursuant to this chapter;
18        (c) collect information authorized by the committee that may be necessary to ensure that
19    adequate health-care facilities are available to the public;
20        (d) collect and credit fees for licenses as free revenue;
21        (e) collect and credit fees for conducting plan reviews as dedicated credits;
22        (f) designate an executive secretary from within the department to assist the committee in
23    carrying out its powers and responsibilities; [and]
24        (g) establish reasonable standards for criminal background checks by public and private
25    entities;
26        (h) recognize those public and private entities which meet the standards established in
27    Subsection (1)(g); and
28        [(g)] (i) provide necessary administrative and staff support to the committee.
29        (2) The department may:
30        (a) exercise all incidental powers necessary to carry out the purposes of this chapter;
31        (b) review architectural plans and specifications of proposed health-care facilities or

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1    renovations of health-care facilities to ensure that the plans and specifications conform to rules
2    established by the committee; and
3        (c) make rules as necessary to implement the provisions of this chapter, except as authority
4    is specifically delegated to the committee.
5        Section 2. Section 26-21-9.5 is enacted to read:
6         26-21-9.5. Criminal background check and substantiated findings of abuse or neglect.
7        (1) In addition to the licensing requirements of Sections 26-21-8 and 26-21-9, a covered
8    health care facility, as defined in Subsection (8), at the time of initial application and renewal for
9    licensure shall:
10        (a) submit the name and other identifying information of each person associated with the
11    facility who:
12        (i) provides direct care to a patient; and
13        (ii) has been the subject of a criminal background check within the preceding three-year
14    period by a public or private entity recognized by the department; and
15        (b) submit the name and other identifying information, which may include fingerprints,
16    of each person associated with the facility who:
17        (i) provides direct care to a patient; and
18        (ii) has not been the subject of a criminal background check in accordance with Subsection
19    (1)(a)(ii).
20        (2) (a) The department shall forward the information received under Subsection (1)(b) to
21    the Utah Division of Criminal Investigation of Department of Public Safety for processing to
22    determine whether an individual has been convicted of any crime.
23        (b) If an individual has not lived in Utah for five years, the individual shall submit
24    fingerprints for an FBI national criminal history record check. The fingerprints shall be submitted
25    to the FBI through the Utah Division of Criminal Investigation. The licensee is responsible for
26    the cost of the fingerprinting and national criminal history check.
27        (3) The department may determine whether an individual whose name and other
28    identifying information has been submitted pursuant to Subsection (1) and who provides direct
29    care to children has a substantiated finding of child abuse or neglect by accessing the licensing part
30    of the management information system created in Section 62A-4a-116.
31        (4) The department shall adopt rules defining the circumstances under which a person who

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1    has been convicted of a criminal offense or has a substantiated report of child abuse or neglect,
2    may provide direct care to a patient in a covered health care facility, taking into account the nature
3    of the criminal offense and its relation to patient care.
4        (5) The department may, in accordance with Section 26-1-6, assess reasonable fees for a
5    criminal background check processed pursuant to this section.
6        (6) The department may inform the covered health care facility of the criminal conviction
7    or substantiated finding of child abuse or neglect of an individual associated with the facility.
8        (7) A covered health care facility is not civilly liable for submitting information to the
9    department as required by Subsection (1).
10        (8) For purposes of this section, "covered health care facility" only includes:
11        (a) home health care agencies;
12        (b) hospices;
13         (c) nursing care facilities;
14        (d) residential health care facilities;
15        (e) assisted-living facilities;
16        (f) small health care facilities; and
17        (g) end stage renal disease facilities.
18        Section 3. Section 62A-4a-412 is amended to read:
19         62A-4a-412. Reports and information confidential.
20        (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as well
21    as any other information in the possession of the division obtained as the result of a report is
22    confidential and may only be made available to:
23        (a) a police or law enforcement agency investigating a report of known or suspected child
24    abuse or neglect;
25        (b) a physician who reasonably believes that a child may be the subject of abuse or
26    neglect;
27        (c) an agency that has responsibility or authority to care for, treat, or supervise a child who
28    is the subject of a report;
29        (d) any subject of the report, the natural parents of the minor, and the guardian ad litem;
30        (e) a court, upon a finding that access to the records may be necessary for the
31    determination of an issue before it;

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1        (f) an office of the public prosecutor or its deputies; [and]
2        (g) the Bureau of Health Facility Licensure within the Department of Health, as provided
3    for in Section 26-21-9.5, for the sole purpose of determining whether a person associated with a
4    covered health care facility and who provides direct care to children has a substantiated finding
5    of child abuse or neglect; and
6        [(g)] (h) a person engaged in bona fide research, when approved by the director of the
7    division, if the information does not include names and addresses.
8        (2) The division and law enforcement officials shall ensure the anonymity of the person
9    or persons making the initial report and any others involved in its subsequent investigation.
10        (3) Any person who wilfully permits, or aides and abets the release of data or information
11    obtained as a result of this part, in the possession of the division or contained in the central
12    register, in violation of this part, is guilty of a class C misdemeanor.
13        (4) The physician-patient privilege is not a ground for excluding evidence regarding a
14    child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
15    good faith pursuant to this part.
16        Section 4. Repealer.
17        This act repeals:
18        Section 58-62-101, Title.
19        Section 58-62-102, Definitions.
20        Section 58-62-201, Board.
21        Section 58-62-301, Registration -- Classifications -- Temporary employment prior to
22     registration.
23        Section 58-62-302, Registration qualifications.
24        Section 58-62-303, Term of registration -- Expiration -- Renewal.
25        Section 58-62-304, Exemptions from registration.
26        Section 58-62-305, Registrant title.
27        Section 58-62-401, Denial of registration -- Disciplinary proceedings.
28        Section 58-62-501, Unlawful conduct -- Penalty.
29        Section 58-62-601, Registry.
30        Section 58-62-602, Notice of dismissal -- Division action.
31        Section 58-62-603, Immunity from liability for reporting.

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1        Section 5. Effective date.
2        This act takes effect on July 1, 1998.

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