S.B. 268

1

HUMAN SERVICES BACKGROUND CHECKS AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Allen M. Christensen
5 House Sponsor: Ronda Rudd Menlove
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 62A, Chapter 2, Licensure of Programs and Facilities, by
10 extending the pilot program for expedited background checks for a qualified human
11 services applicant.
12 Highlighted Provisions:
13 This bill:
14 . extends the pilot program for expedited background checks for a qualified human
15 services applicant to 2017;
16 . requires the Office of Licensing to report to the Health and Human Services Interim
17 Committee during the 2016 interim on the functioning of the pilot program and
18 whether it should be modified or extended; and
19 . makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 62A-2-120.5, as enacted by Laws of Utah 2010, Chapter 365
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 62A-2-120.5 is amended to read:
30 62A-2-120.5. Pilot program for expedited background check of a qualified
31 human services applicant.
32 (1) As used in this section:
33 (a) "Business day" means a day on which the office is open.
34 (b) "Qualified human services applicant" means a person who:
35 (i) is associated with a licensee that provides services, under contract with the Division
36 of Services for People with Disabilities, to a person with a disability; and
37 (ii) has not lived outside of Utah for the five years immediately preceding the day on
38 which the person applies for a background check.
39 (2) Beginning on May 11, 2010, and ending on July 1, [2012] 2017, the office shall,
40 within two business days after the day on which the office receives a request for an initial
41 background check of a qualified human services applicant:
42 (a) conduct the background check; and
43 (b) (i) send an email to the licensee that submitted the request for the background
44 check, stating that the qualified human services applicant passed the background check, if:
45 (A) the licensee submits with the request a waiver that:
46 (I) is approved by the office;
47 (II) is signed by the qualified human services applicant; and
48 (III) permits the office to provide the results of the background check to the licensee
49 that submits the request;
50 (B) the background check does not indicate that the qualified human services applicant
51 has a criminal history;
52 (C) the qualified human services applicant is not listed in the statewide database of the
53 Division of Aging and Adult Services created by Section 62A-3-311.1 ; and
54 (D) the qualified human services applicant is not listed in the Licensing Information
55 System of the Division of Child and Family Services created by Section 62A-4a-1006 ; or
56 (ii) send an email to the licensee that submitted the request for the background check,
57 stating that the qualified human services applicant did not pass the background check, or that
58 additional research is needed, if:

59 (A) the licensee submits with the request a waiver that:
60 (I) is approved by the office;
61 (II) is signed by the qualified human services applicant; and
62 (III) permits the office to provide the results of the background check to the licensee
63 that submits the request; and
64 (B) (I) the background check indicates that the qualified human services applicant may
65 have a criminal history;
66 (II) the qualified human services applicant is listed in the statewide database of the
67 Division of Aging and Adult Services created by Section 62A-3-311.1 ; or
68 (III) the qualified human services applicant is listed in the Licensing Information
69 System of the Division of Child and Family Services created by Section 62A-4a-1006 .
70 (3) The office shall, during the [2011] 2016 interim, report to the Legislature's Health
71 and Human Services Interim Committee, regarding:
72 (a) the functioning of the pilot program described in this section;
73 (b) whether the pilot program should be converted to an ongoing program;
74 (c) whether the pilot program should be modified; and
75 (d) whether the pilot program should be expanded to include background checks of
76 other human services providers.




Legislative Review Note
as of 2-20-13 2:28 PM

Office of Legislative Research and General Counsel

[Bill Documents]