Superseded 7/1/2024)
Superseded 7/1/2024
26B-2-241. Direct Access Clearance System database — Contents and use — Department of Public Safety retention of information and notification — No civil liability for providing information.
| (1) |
The definitions in Section 26B-2-238 apply to this section. |
Terms Used In Utah Code 26B-2-241
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
| (2) |
The department shall create and maintain a Direct Access Clearance System database, which:
| (a) |
includes the names of individuals for whom the department has received:
| (i) |
an application for clearance under this part; or |
| (ii) |
an application for background clearance under Section 26B-4-124; and |
|
| (b) |
indicates whether an application is pending and whether clearance has been granted and retained for:
| (i) |
an applicant under this part; and |
| (ii) |
an applicant for background clearance under Section 26B-4-124. |
|
|
| (3) |
| (a) |
The department shall allow covered providers and covered contractors to access the database electronically. |
| (b) |
Data accessible to a covered provider or covered contractor is limited to the information under Subsections (2)(a)(i) and (2)(b)(i) for:
| (i) |
covered individuals engaged by the covered provider or covered contractor; and |
| (ii) |
individuals:
| (A) |
whom the covered provider or covered contractor could engage as covered individuals; and |
| (B) |
who have provided the covered provider or covered contractor with sufficient personal identification information to uniquely identify the individual in the database. |
|
|
| (c) |
| (i) |
The department may establish fees, in accordance with Section 63J-1-504, for use of the database by a covered contractor. |
| (ii) |
The fees may include, in addition to any fees established by the department under Subsection 26B-2-240(9), an initial set-up fee, an ongoing access fee, and a per-use fee. |
|
|
| (4) |
The Criminal Investigations and Technical Services Division within the Department of Public Safety shall:
| (a) |
retain, separate from other division records, personal information, including any fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a); and |
| (b) |
notify the department upon receiving notice that an individual for whom personal information has been retained is the subject of:
| (i) |
a warrant for arrest; |
| (iii) |
a conviction, including a plea in abeyance; or |
| (iv) |
a pending diversion agreement. |
|
|
| (5) |
A covered body is not civilly liable for submitting to the department information required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an individual who does not have clearance to have direct patient access under Section 26B-2-240. |
Renumbered and Amended by Chapter 305, 2023 General Session
