Utah Code 26B-4-215. Designated caregiver — Guardian — Criminal background check

26B-4-215. Designated caregiver — Guardian — Criminal background check.

(1)

Except for an applicant reapplying for a medical cannabis card within less than one year after the expiration of the applicant’s previous medical cannabis card, each applicant for a medical cannabis guardian card under Section 26B-4-213 or a medical cannabis caregiver card under Section 26B-4-214 shall:

Terms Used In Utah Code 26B-4-215

Cannabis: means marijuana. See Utah Code 26B-4-201
Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:Utah Code 68-3-12.5
Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
Medical cannabis caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:

(a)	the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and

(b)

is connected to the electronic verification system. See Utah Code 26B-4-201

Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:

(a)	the department issues to the parent or legal guardian of a minor with a qualifying condition; and

(b)

is connected to the electronic verification system. See Utah Code 26B-4-201

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

submit to the department, at the time of application:

(i)	a fingerprint card in a form acceptable to the Department of Public Safety; and

(ii)	a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the applicant’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; and

(b)

consent to a fingerprint background check by:

(i)	the Bureau of Criminal Identification; and

(ii)	the Federal Bureau of Investigation.

(2)

The Bureau of Criminal Identification shall:

(a)	check the fingerprints the applicant submits under Subsection (1)(a) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;

(b)	report the results of the background check to the department;

(c)	maintain a separate file of fingerprints that applicants submit under Subsection (1)(a) for search by future submissions to the local and regional criminal records databases, including latent prints;

(d)	request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and

(e)	establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.

(3)

The department shall:

(a)	assess an applicant who submits fingerprints under Subsection (1)(a) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and

(b)	remit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.

Renumbered and Amended by Chapter 307, 2023 General Session

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