26B-1-211. Background checks for employees — Access to abuse and neglect information to screen employees and volunteers.
| (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 access to patients, children, or vulnerable adults as defined in Section 62A-2-101; |
| (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). |
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| (3) |
Beginning July 1, 2022, for the purposes described in Subsection (2), the department may also access:
| (a) |
the department’s Management Information System created in Section 62A-4a-1003; |
| (b) |
the department’s Licensing Information System created in Section 62A-4a-1006; |
| (c) |
the statewide database of the Division of Aging and Adult Services created by Section 62A-3-311.1; and |
| (d) |
juvenile court records under Subsection 80-3-404(6). |
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| (4) |
Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request. |
| (5) |
The department shall require that an individual required to submit to a background check under Subsection (4) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4). |
| (6) |
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. |
|
| (7) |
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. |
| (8) |
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 when an individual would be disqualified from holding a position based on:
| (i) |
the type of crimes and the severity of those crimes; or |
| (ii) |
one or more substantiated or supported findings of abuse, neglect, or exploitation; and |
|
| (c) |
identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b). |
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Renumbered and Amended by Chapter 255, 2022 General Session
