2006 Utah Code - 26-21-9.5 — Criminal background check and Licensing Information System check.

     26-21-9.5.   Criminal background check and Licensing Information System check.
     (1) In addition to the licensing requirements of Sections 26-21-8 and 26-21-9, a covered health care facility, as defined in Subsection (10), at the time of initial application for a license and license renewal shall:
     (a) submit the name and other identifying information of each person associated with the facility who:
     (i) provides direct care to a patient; and
     (ii) has been the subject of a criminal background check within the preceding three-year period by a public or private entity recognized by the department; and
     (b) submit the name and other identifying information, which may include fingerprints, of each person associated with the facility who:
     (i) provides direct care to a patient; and
     (ii) has not been the subject of a criminal background check in accordance with Subsection (1)(a)(ii).
     (2) (a) The department shall forward the information received under Subsection (1)(b) to the Criminal Investigations and Technical Services Division of the Department of Public Safety for processing to determine whether an individual has been convicted of any crime.
     (b) If an individual has not had residency in Utah for the last five years, the individual shall submit fingerprints for an FBI national criminal history record check. The fingerprints shall be submitted to the FBI through the Criminal Investigations and Technical Services Division. The individual or licensee is responsible for the cost of the fingerprinting and national criminal history check.
     (3) The department may determine whether:
     (a) an individual whose name and other identifying information has been submitted pursuant to Subsection (1) and who provides direct care to children is listed in the Licensing Information System described in Section 62A-4a-1006 or has a substantiated finding by a court of a severe type of child abuse or neglect under Section 78-3a-320, if identification as a possible perpetrator of child abuse or neglect is relevant to the employment activities of that individual; or
     (b) an individual whose name and other identifying information has been submitted pursuant to Subsection (1) and who provides direct care to disabled or elder adults has a substantiated finding of abuse, neglect, or exploitation of a disabled or elder adult by accessing in accordance with Subsection (4) the database created in Section 62A-3-311.1 if identification as a possible perpetrator of disabled or elder adult abuse, neglect, or exploitation is relevant to the employment activities of that person.
     (4) (a) The department shall:
     (i) designate two persons within the department to access the Licensing Information System described in Section 62A-4a-1006 and court records under Subsection 78-3a-320(6) and two persons to access the database described in Subsection (3)(b); and
     (ii) adopt measures to:
     (A) protect the security of the Licensing Information System, the court records, and the database; and
     (B) strictly limit access to the Licensing Information System, the court records, and the database to those designated under Subsection (4)(a)(i).
     (b) Those designated under Subsection (4)(a)(i) shall receive training from the Department of Human Services with respect to:

---

     (i) accessing the Licensing Information System, the court records, and the database;
     (ii) maintaining strict security; and
     (iii) the criminal provisions in Section 62A-4a-412 for the improper release of information.
     (c) Those designated under Subsection (4)(a)(i):
     (i) are the only ones in the department with the authority to access the Licensing Information System, the court records, and database; and
     (ii) may only access the Licensing Information System, the court records, and the database for the purpose of licensing and in accordance with the provisions of Subsection (3).
     (5) Within ten days of initially hiring an individual, a covered health care facility shall submit the individual's information to the department in accordance with Subsection (1).
     (6) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under which a person who has been convicted of a criminal offense, or a person described in Subsection (3), may provide direct care to a patient in a covered health care facility, taking into account the nature of the criminal conviction or substantiated finding and its relation to patient care.
     (7) The department may, in accordance with Section 26-1-6, assess reasonable fees for a criminal background check processed pursuant to this section.
     (8) The department may inform the covered health care facility of information discovered under Subsection (3) with respect to an individual associated with the facility.
     (9) A covered health care facility is not civilly liable for submitting information to the department as required by Subsection (1).
     (10) For purposes of this section, "covered health care facility" only includes:
     (a) home health care agencies;
     (b) hospices;
     (c) nursing care facilities;
     (d) assisted-living facilities;
     (e) small health care facilities; and
     (f) end stage renal disease facilities.

Amended by Chapter 77, 2006 General Session