2006 Utah Code - 62A-3-311.1 — Statewide data base -- Restricted use and access.

     62A-3-311.1.   Statewide data base -- Restricted use and access.
     (1) The division shall maintain a data base for reports of vulnerable adult abuse, neglect, or exploitation made pursuant to this part.
     (2) The data base shall include:
     (a) the names and identifying data of the abused, neglected, or exploited adult and the reported abuser;
     (b) information regarding whether or not the abuse, neglect, or exploitation was substantiated or unsubstantiated; and
     (c) any other information that may be helpful in furthering the purposes of this part, as determined by the division, subject to the restrictions of Section 62A-3-306.
     (3) Information obtained from the data base may be used only for:
     (a) compiling statistical summaries that do not include names or other identifying data;
     (b) granting or denying licenses or other grants of privilege by the department where identification as a possible adult abuser may be relevant to the privilege in question, in accordance with Subsection (4); and
     (c) licensing purposes by the Bureau of Licensing within the Department of Health, as provided for in Section 26-21-9.5, in determining whether a person associated with a covered health care facility who provides direct care to vulnerable adults has a substantiated finding of vulnerable adult abuse, neglect, or exploitation if identification as a possible perpetrator is relevant to the employment activities of that person.
     (4) (a) A license or privilege may not be denied under Subsection (3) solely on the basis of information in the data base.
     (b) Before a license or privilege may be denied under Subsection (3), the department taking the action shall conduct a review and provide the person making application for the license or privilege with notice and an opportunity to be heard in accordance with Title 63, Chapter 46b, Administrative Procedures Act.

Amended by Chapter 50, 2005 General Session