26B-2-122. Access to vulnerable adult abuse and neglect information.
(1)
For purposes of this section:
Terms Used In Utah Code 26B-2-122
Associated with the licensee: means that an individual is:
(i)
affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or
(ii)
applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101
Direct access: means that an individual has, or likely will have:
(a)
contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or
(b)
an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101
Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
(a)
provide personal protection;
(b)
provide necessities such as food, shelter, clothing, or mental or other health care;
(c)
obtain services necessary for health, safety, or welfare;
(d)
carry out the activities of daily living;
(e)
manage the adult's own resources; or
(f)
comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101
(a)
“Direct service worker” means the same as that term is defined in Section 26B-6-401.
(b)
“Personal care attendant” means the same as that term is defined in Section 26B-6-401.
(2)
With respect to a licensee, a direct service worker, or a personal care attendant, the department may access the database created by Section 26B-6-210 for the purpose of:
(a)
(i)
determining whether a person associated with a licensee, with direct access to vulnerable adults, has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; and
(ii)
informing a licensee that a person associated with the licensee has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation;
(b)
(i)
determining whether a direct service worker has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; and
(ii)
informing a direct service worker or the direct service worker’s employer that the direct service worker has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; or
(c)
(i)
determining whether a personal care attendant has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; and
(ii)
informing a person described in Subsections 26B-6-401(9)(a)(i) through (iv) that a personal care attendant has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation.
(3)
The department shall receive and process personal identifying information under Subsection 26B-2-120(1) for the purposes described in Subsection (2).
(4)
The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with this part and 2, defining the circumstances under which a person may have direct access or provide services to vulnerable adults when the person is listed in the statewide database of the Division of Aging and Adult Services created by Section 26B-6-210 as having a supported or substantiated finding of abuse, neglect, or exploitation.
Renumbered and Amended by Chapter 305, 2023 General Session
