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7 LONG TITLE
8 General Description:
9 This bill amends the Health Care Facility Licensing and Inspection Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ permits the Department of Health to collect fingerprints from individuals under 18
13 years of age who are seeking a clearance for direct patient access at certain
14 healthcare facilities.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 26-21-204, as enacted by Laws of Utah 2012, Chapter 328
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 26-21-204 is amended to read:
25 26-21-204. Clearance.
26 (1) The department shall determine whether to grant clearance for each applicant for
27 whom it receives:
28 (a) the personal identification information specified by the department under
29 Subsection 26-21-204(4)(b); and
30 (b) any fees established by the department under Subsection 26-21-204(9).
31 (2) The department shall establish a procedure for obtaining and evaluating relevant
32 information concerning covered individuals, including fingerprinting the applicant and
33 submitting the prints to the Criminal Investigations and Technical Services Division of the
34 Department of Public Safety for checking against applicable state, regional, and national
35 criminal records files.
36 (3) The department may review the following sources to determine whether an
37 individual should be granted or retain clearance, which may include:
38 (a) Department of Public Safety arrest, conviction, and disposition records described in
39 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
40 information in state, regional, and national records files;
41 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
42 Section 78A-6-209;
43 (c) federal criminal background databases available to the state;
44 (d) the Department of Human Services' Division of Child and Family Services
45 Licensing Information System described in Section 62A-4a-1006;
46 (e) child abuse or neglect findings described in Section 78A-6-323;
47 (f) the Department of Human Services' Division of Aging and Adult Services
48 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
49 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
50 (h) licensing and certification records of individuals licensed or certified by the
51 Division of Occupational and Professional Licensing under Title 58, Occupations and
52 Professions; and
53 (i) the List of Excluded Individuals and Entities database maintained by the United
54 States Department of Health and Human Services' Office of Inspector General.
55 (4) The department shall adopt rules that:
56 (a) specify the criteria the department will use to determine whether an individual is
57 granted or retains clearance:
58 (i) based on an initial evaluation and ongoing review of information under Subsection
59 (3); and
60 (ii) including consideration of the relationship the following may have to patient and
61 resident protection:
62 (A) warrants for arrest;
63 (B) arrests;
64 (C) convictions, including pleas in abeyance;
65 (D) pending diversion agreements;
66 (E) adjudications by a juvenile court of committing an act that if committed by an adult
67 would be a felony or misdemeanor, if the individual is over 28 years of age and has been
68 convicted, has pleaded no contest, or is subject to a plea in abeyance or diversion agreement for
69 a felony or misdemeanor, or the individual is under 28 years of age; and
70 (F) any other findings under Subsection (3); and
71 (b) specify the personal identification information that must be submitted by an
72 individual or covered body with an application for clearance, including:
73 (i) the applicant's Social Security number; and
74 (ii) [
75 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
76 in another state according to the closest matching crime under Utah law, regardless of how the
77 crime is classified in the state where the crime was committed.
78 (6) The Department of Public Safety, the Administrative Office of the Courts, the
79 Department of Human Services, the Division of Occupational and Professional Licensing, and
80 any other state agency or political subdivision of the state:
81 (a) shall allow the department to review the information the department may review
82 under Subsection (3); and
83 (b) except for the Department of Public Safety, may not charge the department for
84 access to the information.
85 (7) The department shall adopt measures to protect the security of the information it
86 reviews under Subsection (3) and strictly limit access to the information to department
87 employees responsible for processing an application for clearance.
88 (8) The department may disclose personal identification information specified under
89 Subsection (4)(b) to the Department of Human Services to verify that the subject of the
90 information is not identified as a perpetrator or offender in the information sources described in
91 Subsections (3)(d) through (f).
92 (9) The department may establish fees, in accordance with Section 63J-1-504, for an
93 application for clearance, which may include:
94 (a) the cost of obtaining and reviewing information under Subsection (3);
95 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
96 System database under Section 26-21-209; and
97 (c) other department costs related to the processing of the application and the ongoing
98 review of information pursuant to Subsection (4)(a) to determine whether clearance should be
99 retained.