H.B. 497 Enrolled

1

CLEARANCE FOR DIRECT PATIENT ACCESS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bradley G. Last
5 Senate Sponsor: Casey O. Anderson
6
7 LONG TITLE
8 General Description:
9 This bill amends the Health Care Facility Licensing and Inspection Act within the Utah
10 Health Code, the Utah Human Services Code, and the Juvenile Court Act of 1996.
11 Highlighted Provisions:
12 This bill:
13 . amends Department of Health duties;
14 . repeals provisions requiring a background check of:
15 . certain individuals who provide direct patient care in certain health care
16 facilities and other settings; and
17 . certain other individuals residing in a residential setting where care is provided;
18 . creates a new part, "Clearance for Direct Patient Access," in the Health Care Facility
19 Licensing and Inspection Act;
20 . provides definitions;
21 . requires the department to grant, deny, or revoke clearance for an individual to have
22 direct patient access;
23 . authorizes the department to limit the circumstances under which a covered
24 individual granted clearance may have direct patient access;
25 . requires the department to adopt rules:
26 . specifying the information sources the department reviews to determine whether
27 an individual should be granted or retain clearance;
28 . specifying criteria to evaluate the information it reviews initially and on an
29 ongoing basis; and

30 . specifying the personal identification information that must be submitted to the
31 department;
32 . requires the Department of Public Safety, the Administrative Office of the Courts,
33 the Department of Human Services, and the Division of Occupational and
34 Professional Licensing to allow the Department of Health to review information it is
35 required to review to grant, deny, or revoke clearance;
36 . authorizes the Department of Health to establish fees;
37 . requires the Department of Public Safety to notify the Department of Health of
38 information that becomes available about any individual who has applied for
39 clearance;
40 . requires certain providers and contractors to apply for clearance of individuals they
41 engage who may have direct patient access;
42 . requires a residential setting provider to apply for clearance for certain individuals,
43 other than residents, residing in the residential setting;
44 . prohibits a residential setting provider from allowing certain individuals without
45 clearance, other than residents, to reside in the residential setting;
46 . allows individuals to apply for clearance to have direct patient access;
47 . requires the Department of Health to create a database that allows certain providers
48 and contractors to determine whether an individual has clearance to have direct
49 patient access;
50 . authorizes the department to establish fees for use of the database by certain
51 contractors;
52 . provides an exemption from civil liability;
53 . specifies timing for obtaining clearance;
54 . makes conforming changes;
55 . makes technical corrections; and
56 . repeals the transition language on July 1, 2013.
57 Money Appropriated in this Bill:

58 None
59 Other Special Clauses:
60 None
61 Utah Code Sections Affected:
62 AMENDS:
63 26-21-6, as last amended by Laws of Utah 1998, Chapter 169
64 62A-3-305, as last amended by Laws of Utah 2009, Chapter 267
65 63I-1-226, as last amended by Laws of Utah 2011, Chapter 199
66 78A-6-209, as last amended by Laws of Utah 2008, Chapter 111 and renumbered and
67 amended by Laws of Utah 2008, Chapter 3
68 78A-6-323, as last amended by Laws of Utah 2008, Chapter 111 and renumbered and
69 amended by Laws of Utah 2008, Chapter 3
70 ENACTS:
71 26-21-100, Utah Code Annotated 1953
72 26-21-201, Utah Code Annotated 1953
73 26-21-202, Utah Code Annotated 1953
74 26-21-203, Utah Code Annotated 1953
75 26-21-204, Utah Code Annotated 1953
76 26-21-205, Utah Code Annotated 1953
77 26-21-206, Utah Code Annotated 1953
78 26-21-207, Utah Code Annotated 1953
79 26-21-208, Utah Code Annotated 1953
80 26-21-209, Utah Code Annotated 1953
81 26-21-210, Utah Code Annotated 1953
82 26-21-211, Utah Code Annotated 1953
83 REPEALS:
84 26-21-9.5, as last amended by Laws of Utah 2011, Chapters 297 and 366
85

86 Be it enacted by the Legislature of the state of Utah:
87 Section 1. Section 26-21-6 is amended to read:
88 26-21-6. Duties of department.
89 (1) The department shall:
90 (a) enforce rules established pursuant to this chapter;
91 (b) authorize an agent of the department to conduct inspections of health care facilities
92 pursuant to this chapter;
93 (c) collect information authorized by the committee that may be necessary to ensure
94 that adequate health care facilities are available to the public;
95 (d) collect and credit fees for licenses as free revenue;
96 (e) collect and credit fees for conducting plan reviews as dedicated credits;
97 (f) (i) collect and credit fees for conducting clearance under Chapter 21, Part 2,
98 Clearance for Direct Patient Access; and
99 (ii) beginning July 1, 2012:
100 (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated
101 credits; and
102 (B) the fees collected for background checks under Subsection 26-21-204 (6) and
103 Section 26-21-205 shall be transferred to the Department of Public Safety to reimburse the
104 Department of Public Safety for its costs in conducting the federal background checks;
105 [(f)] (g) designate an executive secretary from within the department to assist the
106 committee in carrying out its powers and responsibilities;
107 [(g)] (h) establish reasonable standards for criminal background checks by public and
108 private entities;
109 [(h)] (i) recognize those public and private entities [which] that meet the standards
110 established [in] pursuant to Subsection (1)[(g)](h); and
111 [(i)] (j) provide necessary administrative and staff support to the committee.
112 (2) The department may:
113 (a) exercise all incidental powers necessary to carry out the purposes of this chapter;

114 (b) review architectural plans and specifications of proposed health care facilities or
115 renovations of health care facilities to ensure that the plans and specifications conform to rules
116 established by the committee; and
117 (c) make rules as necessary to implement the provisions of this chapter, except as
118 authority is specifically delegated to the committee.
119 Section 2. Section 26-21-100 is enacted to read:
120 26-21-100. Reserved.
121 Reserved
122 Section 3. Section 26-21-201 is enacted to read:
123 Part 2. Clearance for Direct Patient Access
124 26-21-201. Definitions.
125 As used in this part:
126 (1) "Clearance" means approval by the department under Section 26-21-203 for an
127 individual to have direct patient access.
128 (2) "Covered body" means a covered provider, covered contractor, or covered
129 employer.
130 (3) "Covered contractor" means a person that supplies covered individuals, by contract,
131 to a covered employer or covered provider.
132 (4) "Covered employer" means an individual who:
133 (a) engages a covered individual to provide services in a private residence to:
134 (i) an aged individual, as defined by department rule; or
135 (ii) a disabled individual, as defined by department rule;
136 (b) is not a covered provider; and
137 (c) is not a licensed health care facility within the state.
138 (5) "Covered individual":
139 (a) means an individual:
140 (i) whom a covered body engages; and
141 (ii) who may have direct patient access;

142 (b) includes:
143 (i) a nursing assistant, as defined by department rule;
144 (ii) a personal care aide, as defined by department rule;
145 (iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter
146 31b, Nurse Practice Act;
147 (iv) a provider of medical, therapeutic, or social services, including a provider of
148 laboratory and radiology services;
149 (v) an executive;
150 (vi) administrative staff, including a manager or other administrator;
151 (vii) dietary and food service staff;
152 (viii) housekeeping and maintenance staff; and
153 (ix) any other individual, as defined by department rule, who has direct patient access;
154 and
155 (c) does not include a student, as defined by department rule, directly supervised by a
156 member of the staff of the covered body or the student's instructor.
157 (6) "Covered provider" means:
158 (a) an end stage renal disease facility;
159 (b) a long-term care hospital;
160 (c) a nursing care facility;
161 (d) a small health care facility;
162 (e) an assisted living facility;
163 (f) a hospice;
164 (g) a home health agency; or
165 (h) a personal care agency.
166 (7) "Direct patient access" means for an individual to be in a position where the
167 individual could, in relation to a patient or resident of the covered body who engages the
168 individual:
169 (a) cause physical or mental harm;

170 (b) commit theft; or
171 (c) view medical or financial records.
172 (8) "Engage" means to obtain one's services:
173 (a) by employment;
174 (b) by contract;
175 (c) as a volunteer; or
176 (d) by other arrangement.
177 (9) "Long-term care hospital":
178 (a) means a hospital that is certified to provide long-term care services under the
179 provisions of 42 U.S.C. Sec. 1395tt; and
180 (b) does not include a critical access hospital, designated under 42 U.S.C. Sec.
181 1395i-4(c)(2).
182 (10) "Patient" means an individual who receives health care services from one of the
183 following covered providers:
184 (a) an end stage renal disease facility;
185 (b) a long-term care hospital;
186 (c) a hospice;
187 (d) a home health agency; or
188 (e) a personal care agency.
189 (11) "Personal care agency" means a health care facility defined by department rule.
190 (12) "Resident" means an individual who receives health care services from one of the
191 following covered providers:
192 (a) a nursing care facility;
193 (b) a small health care facility;
194 (c) an assisted living facility; or
195 (d) a hospice that provides living quarters as part of its services.
196 (13) "Residential setting" means a place provided by a covered provider:
197 (a) for residents to live as part of the services provided by the covered provider; and

198 (b) where an individual who is not a resident also lives.
199 (14) "Volunteer" means an individual, as defined by department rule, who provides
200 services without pay or other compensation.
201 Section 4. Section 26-21-202 is enacted to read:
202 26-21-202. Clearance required.
203 (1) A covered provider may engage a covered individual only if the individual has
204 clearance.
205 (2) A covered contractor may supply a covered individual to a covered employer or
206 covered provider only if the individual has clearance.
207 (3) A covered employer may engage a covered individual who does not have clearance.
208 (4) (a) Notwithstanding Subsections (1) and (2), if a covered individual does not have
209 clearance, a covered provider may engage the individual or a covered contractor may supply
210 the individual to a covered provider or covered employer:
211 (i) under circumstances specified by department rule; and
212 (ii) only while an application for clearance for the individual is pending.
213 (b) For purposes of Subsection (4)(a), an application is pending if the following have
214 been submitted to the department for the individual:
215 (i) an application for clearance;
216 (ii) the personal identification information specified by the department under
217 Subsection 26-21-204 (4)(b); and
218 (iii) any fees established by the department under Subsection 26-21-204 (9).
219 Section 5. Section 26-21-203 is enacted to read:
220 26-21-203. Department authorized to grant, deny, or revoke clearance --
221 Department may limit direct patient access.
222 (1) As provided in Section 26-21-204 , the department may grant, deny, or revoke
223 clearance for an individual, including a covered individual.
224 (2) The department may limit the circumstances under which a covered individual
225 granted clearance may have direct patient access, based on the relationship the factors under

226 Subsection 26-21-204 (4)(a) and other mitigating factors may have to patient and resident
227 protection.
228 Section 6. Section 26-21-204 is enacted to read:
229 26-21-204. Clearance.
230 (1) The department shall determine whether to grant clearance for each applicant for
231 whom it receives:
232 (a) the personal identification information specified by the department under
233 Subsection 26-21-204 (4)(b); and
234 (b) any fees established by the department under Subsection 26-21-204 (9).
235 (2) The department shall establish a procedure for obtaining and evaluating relevant
236 information concerning covered individuals, including fingerprinting the applicant and
237 submitting the prints to the Criminal Investigations and Technical Services Division of the
238 Department of Public Safety for checking against applicable state, regional, and national
239 criminal records files.
240 (3) The department may review the following sources to determine whether an
241 individual should be granted or retain clearance, which may include:
242 (a) Department of Public Safety arrest, conviction, and disposition records described in
243 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
244 information in state, regional, and national records files;
245 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
246 Section 78A-6-209 ;
247 (c) federal criminal background databases available to the state;
248 (d) the Department of Human Services' Division of Child and Family Services
249 Licensing Information System described in Section 62A-4a-1006 ;
250 (e) child abuse or neglect findings described in Section 78A-6-323 ;
251 (f) the Department of Human Services' Division of Aging and Adult Services
252 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1 ;
253 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;

254 (h) licensing and certification records of individuals licensed or certified by the
255 Division of Occupational and Professional Licensing under Title 58, Occupations and
256 Professions; and
257 (i) the List of Excluded Individuals and Entities database maintained by the United
258 States Department of Health and Human Services' Office of Inspector General.
259 (4) The department shall adopt rules that:
260 (a) specify the criteria the department will use to determine whether an individual is
261 granted or retains clearance:
262 (i) based on an initial evaluation and ongoing review of information under Subsection
263 (3); and
264 (ii) including consideration of the relationship the following may have to patient and
265 resident protection:
266 (A) warrants for arrest;
267 (B) arrests;
268 (C) convictions, including pleas in abeyance;
269 (D) pending diversion agreements;
270 (E) adjudications by a juvenile court of committing an act that if committed by an adult
271 would be a felony or misdemeanor, if the individual is over 28 years of age and has been
272 convicted, has pleaded no contest, or is subject to a plea in abeyance or diversion agreement for
273 a felony or misdemeanor, or the individual is under 28 years of age; and
274 (F) any other findings under Subsection (3); and
275 (b) specify the personal identification information that must be submitted by an
276 individual or covered body with an application for clearance, including:
277 (i) the applicant's Social Security number; and
278 (ii) except for applicants under 18 years of age, fingerprints.
279 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
280 in another state according to the closest matching crime under Utah law, regardless of how the
281 crime is classified in the state where the crime was committed.

282 (6) The Department of Public Safety, the Administrative Office of the Courts, the
283 Department of Human Services, the Division of Occupational and Professional Licensing, and
284 any other state agency or political subdivision of the state:
285 (a) shall allow the department to review the information the department may review
286 under Subsection (3); and
287 (b) except for the Department of Public Safety, may not charge the department for
288 access to the information.
289 (7) The department shall adopt measures to protect the security of the information it
290 reviews under Subsection (3) and strictly limit access to the information to department
291 employees responsible for processing an application for clearance.
292 (8) The department may disclose personal identification information specified under
293 Subsection (4)(b) to the Department of Human Services to verify that the subject of the
294 information is not identified as a perpetrator or offender in the information sources described in
295 Subsections (3)(d) through (f).
296 (9) The department may establish fees, in accordance with Section 63J-1-504 , for an
297 application for clearance, which may include:
298 (a) the cost of obtaining and reviewing information under Subsection (3);
299 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
300 System database under Section 26-21-209 ; and
301 (c) other department costs related to the processing of the application and the ongoing
302 review of information pursuant to Subsection (4)(a) to determine whether clearance should be
303 retained.
304 Section 7. Section 26-21-205 is enacted to read:
305 26-21-205. Department of Public Safety -- Retention of information -- Notification
306 of Department of Health.
307 The Criminal Investigations and Technical Services Division within the Department of
308 Public Safety shall:
309 (1) retain, separate from other division records, personal information, including any

310 fingerprints, sent to it by the Department of Health pursuant to Subsection 26-21-204 (3)(a);
311 and
312 (2) notify the Department of Health upon receiving notice that an individual for whom
313 personal information has been retained is the subject of:
314 (a) a warrant for arrest;
315 (b) an arrest;
316 (c) a conviction, including a plea in abeyance; or
317 (d) a pending diversion agreement.
318 Section 8. Section 26-21-206 is enacted to read:
319 26-21-206. Covered providers and covered contractors required to apply for
320 clearance of certain individuals.
321 (1) As provided in Subsection (2), each covered provider and covered contractor
322 operating in this state shall:
323 (a) collect from each covered individual it engages, and each individual it intends to
324 engage as a covered individual, the personal identification information specified by the
325 department under Subsection 26-21-204 (4)(b); and
326 (b) submit to the department an application for clearance for the individual, including:
327 (i) the personal identification information; and
328 (ii) any fees established by the department under Subsection 26-21-204 (9).
329 (2) Clearance granted for an individual pursuant to an application submitted by a
330 covered provider or a covered contractor is valid until the later of:
331 (a) two years after the individual is no longer engaged as a covered individual; or
332 (b) the covered provider's or covered contractor's next license renewal date.
333 Section 9. Section 26-21-207 is enacted to read:
334 26-21-207. Covered providers required to apply for clearance for certain
335 individuals other than residents residing in residential settings -- Certain individuals
336 other than residents prohibited from residing in residential settings without clearance.
337 (1) A covered provider that provides services in a residential setting shall:

338 (a) collect the personal identification information specified by the department under
339 Subsection 26-21-204 (4)(b) for each individual 12 years of age or older, other than a resident,
340 who resides in the residential setting; and
341 (b) submit to the department an application for clearance for the individual, including:
342 (i) the personal identification information; and
343 (ii) any fees established by the department under Subsection 26-21-204 (9).
344 (2) A covered provider that provides services in a residential setting may allow an
345 individual 12 years of age or older, other than a resident, to reside in the residential setting only
346 if the individual has clearance.
347 Section 10. Section 26-21-208 is enacted to read:
348 26-21-208. Application for clearance by individuals.
349 (1) An individual may apply for clearance by submitting to the department an
350 application, including:
351 (a) the personal identification information specified by the department under
352 Subsection 26-21-204 (4)(b); and
353 (b) any fees established by the department under Subsection 26-21-204 (9).
354 (2) Clearance granted to an individual who makes application under Subsection (1) is
355 valid for two years unless the department determines otherwise based on its ongoing review
356 under Subsection 26-21-204 (4)(a).
357 Section 11. Section 26-21-209 is enacted to read:
358 26-21-209. Direct Access database -- Contents -- Use.
359 (1) The department shall create and maintain a Direct Access Clearance System
360 database, which:
361 (a) includes the names of individuals for whom the department has received an
362 application for clearance; and
363 (b) indicates for each applicant whether an application is pending and whether
364 clearance has been granted and retained.
365 (2) (a) The department shall allow covered providers and covered contractors to access

366 the database electronically.
367 (b) Data accessible to a covered provider or covered contractor is limited to the
368 information under Subsection (1) for:
369 (i) covered individuals engaged by the covered provider or covered contractor; and
370 (ii) individuals:
371 (A) whom the covered provider or covered contractor could engage as covered
372 individuals; and
373 (B) who have provided the covered provider or covered contractor with sufficient
374 personal identification information to uniquely identify the individual in the database.
375 (c) (i) The department may establish fees, in accordance with Section 63J-1-504 , for
376 use of the database by a covered contractor.
377 (ii) The fees may include, in addition to any fees established by the department under
378 Subsection 26-21-204 (9), an initial set-up fee, an ongoing access fee, and a per-use fee.
379 Section 12. Section 26-21-210 is enacted to read:
380 26-21-210. No civil liability.
381 A covered body is not civilly liable for submitting to the department information
382 required under this part or refusing to employ an individual who does not have clearance to
383 have direct patient access under Section 26-21-203 .
384 Section 13. Section 26-21-211 is enacted to read:
385 26-21-211. Timing of implementation.
386 (1) A covered provider or covered contractor who engages a covered individual
387 beginning on or after May 8, 2012 must obtain clearance for the covered individual under this
388 part.
389 (2) For a covered individual engaged to perform services prior to May 8, 2012, the
390 covered provider or covered contractor does not have to obtain clearance for the covered
391 individual under this part:
392 (a) until the date the covered contractor or covered provider renews its license under
393 this chapter; or

394 (b) if the license renewal under Subsection (2)(a) is prior to January 1, 2013, within six
395 months after the date of the license renewal.
396 Section 14. Section 62A-3-305 is amended to read:
397 62A-3-305. Reporting requirements -- Investigation -- Immunity -- Violation --
398 Penalty -- Nonmedical healing.
399 (1) [Any] A person who has reason to believe that [any] a vulnerable adult has been the
400 subject of abuse, neglect, or exploitation shall immediately notify Adult Protective Services
401 intake or the nearest law enforcement agency. When the initial report is made to law
402 enforcement, law enforcement shall immediately notify Adult Protective Services intake.
403 Adult Protective Services and law enforcement shall coordinate, as appropriate, their efforts to
404 provide protection to the vulnerable adult.
405 (2) When the initial report or subsequent investigation by Adult Protective Services
406 indicates that a criminal offense may have occurred against a vulnerable adult:
407 (a) Adult Protective Services shall notify the nearest local law enforcement agency
408 regarding the potential offense; and
409 (b) the law enforcement agency may initiate an investigation in cooperation with Adult
410 Protective Services.
411 (3) [Anyone] A person who in good faith makes a report or otherwise notifies a law
412 enforcement agency or Adult Protective Services of suspected abuse, neglect, or exploitation is
413 immune from civil and criminal liability in connection with the report or other notification.
414 (4) (a) [Any] A person who willfully fails to report suspected abuse, neglect, or
415 exploitation of a vulnerable adult is guilty of a class B misdemeanor.
416 (b) A covered [health care facility] provider or covered contractor, as defined in
417 Section [ 26-21-9.5 ] 26-21-201 , that knowingly fails to report suspected abuse or neglect, as
418 required by this section, is subject to a private right of action and liability for the abuse or
419 neglect of another person that is committed by the individual who was not reported to Adult
420 Protective Services in accordance with this section.
421 (5) Under circumstances not amounting to a violation of Section 76-8-508 , a person

422 who threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a
423 report, a witness, the person who made the report, or any other person cooperating with an
424 investigation conducted pursuant to this chapter is guilty of a class B misdemeanor.
425 (6) An adult is not considered abused, neglected, or a vulnerable adult for the reason
426 that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
427 medical care.
428 Section 15. Section 63I-1-226 is amended to read:
429 63I-1-226. Repeal dates, Title 26.
430 (1) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
431 1, 2015.
432 (2) Section 26-18-12 , Expansion of 340B drug pricing programs, is repealed July 1,
433 2013.
434 (3) Section 26-21-23 , Licensing of non-Medicaid nursing care facility beds, is repealed
435 July 1, 2016.
436 (4) Section 26-21-211 is repealed July 1, 2013.
437 [(4)] (5) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
438 2014.
439 [(5)] (6) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1,
440 2013.
441 Section 16. Section 78A-6-209 is amended to read:
442 78A-6-209. Court records -- Inspection.
443 (1) The court and the probation department shall keep records as required by the board
444 and the presiding judge.
445 (2) Court records shall be open to inspection by:
446 (a) the parents or guardian of a child, a minor who is at least 18 years of age, other
447 parties in the case, the attorneys, and agencies to which custody of a minor has been
448 transferred;
449 (b) for information relating to adult offenders alleged to have committed a sexual

450 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
451 Title 76, Chapter 5, Offenses Against the Person, the State Office of Education for the purpose
452 of evaluating whether an individual should be permitted to obtain or retain a license as an
453 educator or serve as an employee or volunteer in a school, with the understanding that the
454 office must provide the individual with an opportunity to respond to any information gathered
455 from its inspection of the records before it makes a decision concerning licensure or
456 employment;
457 (c) the Criminal Investigations and Technical Services Division, established in Section
458 53-10-103 , for the purpose of a criminal history background check for the purchase of a firearm
459 and establishing good character for issuance of a concealed firearm permit as provided in
460 Section 53-5-704 ;
461 (d) the Division of Child and Family Services for the purpose of Child Protective
462 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
463 administrative hearings in accordance with Section 62A-4a-1009 ; [and]
464 (e) for information related to a juvenile offender who has committed a sexual offense, a
465 felony, or an offense [which] that if committed by an adult would be a misdemeanor, the
466 Department of Health[,] for the purpose of evaluating under the provisions of Subsection
467 26-39-404 (3) whether a licensee should be permitted to obtain or retain a license to provide
468 child care, with the understanding that the department must provide the individual who
469 committed the offense with an opportunity to respond to any information gathered from its
470 inspection of records before it makes a decision concerning licensure[.]; and
471 (f) for information related to a juvenile offender who has committed a sexual offense, a
472 felony, or an offense that if committed by an adult would be a misdemeanor, the Department of
473 Health to determine whether an individual meets the background screening requirements of
474 Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that
475 the department must provide the individual who committed the offense an opportunity to
476 respond to any information gathered from its inspection of records before it makes a decision
477 under that part.

478 (3) With the consent of the judge, court records may be inspected by the child, by
479 persons having a legitimate interest in the proceedings, and by persons conducting pertinent
480 research studies.
481 (4) If a petition is filed charging a minor 14 years of age or older with an offense that
482 would be a felony if committed by an adult, the court shall make available to any person upon
483 request the petition, any adjudication or disposition orders, and the delinquency history
484 summary of the minor charged unless the records are closed by the court upon findings on the
485 record for good cause.
486 (5) Probation officers' records and reports of social and clinical studies are not open to
487 inspection, except by consent of the court, given under rules adopted by the board.
488 (6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
489 history summary of any person charged as an adult with a felony offense shall be made
490 available to any person upon request.
491 (b) This provision does not apply to records that have been destroyed or expunged in
492 accordance with court rules.
493 (c) The court may charge a reasonable fee to cover the costs associated with retrieving
494 a requested record that has been archived.
495 Section 17. Section 78A-6-323 is amended to read:
496 78A-6-323. Additional finding at adjudication hearing -- Petition -- Court
497 records.
498 (1) Upon the filing with the court of a petition under Section 78A-6-304 by the
499 Division of Child and Family Services or any interested person informing the court, among
500 other things, that the division has made a supported finding that a person committed a severe
501 type of child abuse or neglect as defined in Section 62A-4a-1002 , the court shall:
502 (a) make a finding of substantiated, unsubstantiated, or without merit;
503 (b) include the finding described in Subsection (1)(a) in a written order; and
504 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
505 (2) The judicial finding under Subsection (1) shall be made:

506 (a) as part of the adjudication hearing;
507 (b) at the conclusion of the adjudication hearing; or
508 (c) as part of a court order entered pursuant to a written stipulation of the parties.
509 (3) (a) Any person described in Subsection 62A-4a-1010 (1) may at any time file with
510 the court a petition for removal of the person's name from the Licensing Information System.
511 (b) At the conclusion of the hearing on the petition, the court shall:
512 (i) make a finding of substantiated, unsubstantiated, or without merit;
513 (ii) include the finding described in Subsection (1)(a) in a written order; and
514 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
515 (4) A proceeding for adjudication of a supported finding under this section of a type of
516 abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
517 in the juvenile court with an adjudication of a severe type of child abuse or neglect.
518 (5) If a person whose name appears on the Licensing Information system prior to May
519 6, 2002 files a petition during the time that an alleged perpetrator's application for clearance to
520 work with children or vulnerable adults is pending, the court shall hear the matter and enter a
521 final decision no later than 60 days after the filing of the petition.
522 (6) For the purposes of licensing under Sections [ 26-21-9.5 ,] 26-39-402 [,] and
523 62A-1-118 , and for the purposes described in Section 62A-2-121 and Title 26, Chapter 21, Part
524 2, Clearance for Direct Patient Access:
525 (a) the court shall make available records of its findings under Subsections (1) and (2):
526 (i) for [licensing] those purposes[,]; and
527 (ii) only to those with statutory authority to access also the Licensing Information
528 System created under Section 62A-4a-1006 ; and
529 (b) any appellate court shall make available court records of appeals from juvenile
530 court decisions under Subsections (1), (2), (3), and (4):
531 (i) for [licensing] those purposes[,]; and
532 (ii) only to those with statutory authority to access also the Licensing Information
533 System.

534 Section 18. Repealer.
535 This bill repeals:
536 Section 26-21-9.5, Criminal background check and Licensing Information System
537 check.