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2019 Utah Code
Title 26 - Utah Health Code
Chapter 1 - Department of Health Organization
Section 17.1 - Background checks for employees.
Universal Citation: UT Code § 26-1-17.1 (2019)
Effective 5/8/2018
26-1-17.1. Background checks for employees.
Enacted by Chapter 427, 2018 General Session
26-1-17.1. Background checks for employees.
- (1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
- (2) Beginning July 1, 2018, the department may require a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring of:
- (a) all staff, contracted employees, and volunteers who:
- (i) have access to protected health information or personal identifying information;
- (ii) have direct contact with patients, children, or vulnerable adults as defined in Section 62A-2-120;
- (iii) work in areas of privacy and data security;
- (iv) handle financial information, including receipt of funds, reviewing invoices, making payments, and other types of financial information; and
- (v) perform audit functions, whether internal or external, on behalf of the department; and
- (b) job applicants who have been offered a position with the department and the job requirements include those described in Subsection (2)(a).
- (a) all staff, contracted employees, and volunteers who:
- (3) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request.
- (4) The department shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4).
- (5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau:
- (a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
- (b) a request for all information received as a result of the local, regional, and nationwide background check.
- (6) The department is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
- (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
- (a) determine how the department will assess the employment status of an individual upon receipt of background information;
- (b) determine the type of crimes and the severity that would disqualify an individual from holding a position; and
- (c) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
Enacted by Chapter 427, 2018 General Session
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