Utah Code 26B-2-240. Department authorized to grant, deny, or revoke clearance — Department may limit direct patient access — Clearance
Current as of: 2023 | Check for updates
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26B-2-240. Department authorized to grant, deny, or revoke clearance — Department may limit direct patient access — Clearance.
(1) | The definitions in Section 26B-2-238 apply to this section. |
(a) | as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and |
(b) | does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201 | ||||||
(2) |
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(3) | The department may review the following sources to determine whether an individual should be granted or retain clearance, which may include:
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(4) | The department shall adopt rules that:
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(5) | For purposes of Subsection (4)(a), the department shall classify a crime committed in another state according to the closest matching crime under Utah law, regardless of how the crime is classified in the state where the crime was committed. |
(6) | The Department of Public Safety, the Administrative Office of the Courts, the Division of Professional Licensing, and any other state agency or political subdivision of the state:
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(7) | The department shall adopt measures to protect the security of the information it reviews under Subsection (3) and strictly limit access to the information to department employees responsible for processing an application for clearance. |
(8) | The department may disclose personal identification information specified under Subsection (4)(b) to other divisions and offices within the department to verify that the subject of the information is not identified as a perpetrator or offender in the information sources described in Subsections (3)(d) through (f). |
(9) | The department may establish fees, in accordance with Section 63J-1-504, for an application for clearance, which may include:
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Renumbered and Amended by Chapter 305, 2023 General Session