Chief Sponsor: Carl R. Albrecht

Senate Sponsor: Daniel Hemmert


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

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) [except for applicants under 18 years of age,] fingerprints.
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.

Legislative Review Note
Office of Legislative Research and General Counsel